The revised Housing Law is being completed by the Ministry of Construction and will be submitted to the National Assembly for consideration at the upcoming 2nd Session (10.2026).
Compared to the draft submitted to the National Assembly at the first non-scheduled session in August, the latest draft has some changes. Including removing the concept of "limited-term apartment building" in the wording explanation; only mentioning "apartment building" and "old apartment building".
Also in the draft law, the drafting agency has proposed 4 cases of apartment buildings that must be demolished, including:
First, apartment buildings damaged by fire, explosion, natural disasters, and enemy attacks are no longer qualified to ensure safety for continued use.
Second, apartment buildings with main load-bearing structures of buildings appearing in a general dangerous situation, with the risk of collapse, not meeting the conditions for continued use, need to urgently relocate owners and users of apartment buildings.
Third, the apartment building is damaged, locally dangerous situations appear in the main load-bearing structure of the project and one of the factors of fire prevention and fighting, water supply and drainage, electricity, internal traffic do not meet standards...
The remaining case is a damaged apartment building that is not in the cases of demolition mentioned above, but is in the area where renovation and synchronous construction must be carried out with the apartment building in the case of demolition according to the approved construction plan.
Notably, the draft clearly proposes the rights of apartment owners (except for projects built from 1994 and earlier) in cases of renovation and reconstruction of apartment buildings.
Accordingly, the owner has the right to continue to use the land area with the apartment building to self-implement the renovation and reconstruction of the apartment building by contributing funds to rebuild a new apartment building.
The contribution of funds to rebuild the apartment building is determined according to the owner's apartment usable area multiplied by the new construction investment rate of 1 m2 of housing floor at the time of demolition.
If the apartment building owner does not contribute funds to renovate and rebuild, they will be compensated for the value of land use rights of the apartment building according to the percentage of land use rights determined according to the provisions of land law at the time of demolition of the apartment building.
The owner handed over the land to the State to hand over to the investor of the apartment building renovation and reconstruction project.
In case according to the plan approved by competent authorities, the apartment building is not rebuilt, the owners are entitled to compensation for the value of land use rights according to the common area ratio determined according to the provisions of land law at the time of compensation implementation.
