Responsibility for arranging temporary accommodation when renovating the apartment

The Legal Consulting Office of Lao Dong Newspaper responded:

Article 27 of Decree 98/2024/ND-CP effective from August 1, 2024 details a number of articles of the Housing Law on renovating and rebuilding apartment buildings as follows:

1. Responsibility for arranging temporary accommodation is carried out according to the following regulations:

a) For apartment buildings specified in Point b, Clause 2, Article 59 of the Housing Law, the Provincial People's Committee is responsible for arranging temporary accommodation;

b) For apartment buildings specified in Points a and c, Clause 2, Article 59 of the Housing Law, the Provincial People's Committee is responsible for arranging temporary accommodation until the project investor is selected. renovate and rebuild apartment buildings. After selecting the project investor, the investor is responsible for arranging temporary accommodation during project implementation; If there is temporary accommodation, the investor will pay the cost of arranging temporary accommodation;

c) For apartment buildings specified in Points d and dd, Clause 2, Article 59 of the Housing Law, the investor of the project to renovate and rebuild the apartment building is responsible for arranging temporary accommodation.

2. For the cases specified in Points a and b, Clause 1 of this Article, the provincial housing management agency or the agency assigned by the Provincial People's Committee shall preside over and coordinate with the financial agency at the same level. Propose a plan to arrange temporary accommodation and estimate funding from the local regular budget to arrange temporary accommodation.

Funds for temporary accommodation are returned to the state budget by the investor after acceptance and completion of putting the house into use in cases where the investor implements a project that is not equal to public investment capital. .

3. For the cases specified in Point c, Clause 1 of this Article, the investor of the apartment renovation and reconstruction project is responsible for proposing temporary accommodation arrangements in the compensation and resettlement plan. populate.

Funds for arranging temporary accommodation that are not subject to project implementation using public investment capital are determined in the total project investment; The minimum budget to arrange temporary accommodation for each owner is proposed by the investor and decided by the Provincial People's Committee in the compensation and resettlement plan.

In case the project investor has not been selected, the provincial housing management agency shall preside over and coordinate with the financial agency at the same level to propose funding for temporary accommodation from regular expenses for reporting. The Provincial People's Committee decides.

4. For cases of delay in handing over resettlement housing to owners and users of apartment buildings due to changes in planning by state agencies or delays in land allocation, land lease, or change of use purpose land use (if any), the local regular budget is responsible for paying the cost of arranging temporary accommodation during the delay in handing over the house; If the investor pays this cost, the local budget will reimburse this cost or have it deducted from the financial obligations payable to the State (if any); Related organizations and individuals that do not perform the obligations specified in this Clause shall be responsible before the law and must compensate for damage according to the provisions of law on state compensation.

Thus, from August 2024, the responsibility for arranging temporary accommodation when renovating apartments is prescribed as above.