Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:
Point c, Clause 1, Article 35 of Decree No. 95/2024/ND-CP detailing a number of articles of the Housing Law stipulates the subjects and conditions for housing arrangement for resettlement, including the following subjects:
c) Organizations, households and individuals who are owners of apartment buildings that must be demolished for renovation or reconstruction according to the provisions of Clause 2, Article 59 of the Housing Law;
Clause 2, Article 59 of the 2023 Housing Law stipulates that apartment buildings that must be demolished are as follows:
2. Cases where apartment buildings must be demolished include:
a) Apartment buildings damaged by fire or explosion no longer meet safety conditions for continued use;
b) Apartment buildings damaged by natural disasters or enemy attacks are no longer safe enough to continue to be used;
c) The apartment building's main load-bearing structures are in a state of overall danger, at risk of collapse, do not meet the conditions for continued use, and require urgent evacuation of the owners and users of the apartment building;
d) Apartment buildings that are severely damaged, with localized danger to the main load-bearing structure of the building and have one of the following factors: technical infrastructure system for fire prevention and fighting; water supply, drainage, wastewater treatment; electricity supply, internal traffic that do not meet the requirements of current technical standards and regulations or are at risk of being unsafe in operation, exploitation, and use, must be demolished to ensure the safety of owners and users of the apartment building and the requirements for urban renovation and beautification;
d) An apartment building with one of the following main structures: foundation, columns, walls, beams, and rafters that do not meet normal use requirements and are not subject to demolition as prescribed in Point c and Point d of this Clause, but are located in an area that must be renovated and constructed in sync with the apartment building subject to demolition as prescribed in this Clause according to the approved construction plan.
Thus, the owners of apartment buildings damaged by fire or explosion and no longer safe to live in, which must be demolished, are one of the subjects to be arranged housing for resettlement.
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