Despite serious deterioration, many old apartment buildings in Hanoi remain standing due to legal gaps that prevent forced demolition without owner consent.
During a group discussion on the amended Construction Law on November 6, delegates raised concerns over the lack of legal grounds to dismantle aging buildings, even when they pose risks to public safety.
Delegate Tran Van Tuan from Bac Ninh highlighted that in major cities like Hanoi and Ho Chi Minh City, numerous apartment complexes and collective housing blocks have exceeded their design lifespan and are in alarming disrepair.
“These buildings are like ticking time bombs, but without clear legal authority, they cannot be forcibly demolished if owners do not agree,” he said.
Tuan recommended that the draft law include provisions for structures that have surpassed their design life or been deemed structurally unsafe by inspection, even if they have not yet reached a critical emergency level. This would create a legal basis for the government to proactively relocate residents and proceed with demolition to ensure public safety.
Hanoi seeks breakthrough policies to tackle old apartment crisis
Delegate Tran Van Tuan. Photo: National Assembly
Delegate Nguyen Phi Thuong, Director of Hanoi’s Department of Construction, noted that the capital has around 2,000 aging apartment buildings, while Ho Chi Minh City has approximately 600.
“Despite having a steering committee, programs, and plans in place, Hanoi continues to face many procedural and regulatory obstacles,” he said. “We hope the revised law will bring about breakthroughs to help resolve this pressing issue. These buildings are deteriorating with each passing day and may soon become unsafe.”
Thuong explained that resolving the issue involves balancing individual property rights with community spaces, public infrastructure, and traffic planning. Moreover, strict limits on building height, density, and population make comprehensive solutions nearly impossible.
Unlike social housing, which is a national issue, old apartment buildings are mainly a concern in large cities, he noted. Therefore, he proposed that the revised law include specific provisions for aging apartments, similar to the resolutions and decrees applied to social housing.
He suggested empowering city leaders to adjust planning criteria such as building height and population density. These changes should be incorporated into the next round of urban planning updates. He also called for mechanisms allowing local governments to take over land clearance instead of requiring developers to negotiate directly with residents.
Streamlined construction permitting, stricter quality control urged
Delegate Nguyen Phi Thuong. Photo: National Assembly
The revised law proposes expanding exemptions from construction permits. Projects reviewed by specialized construction authorities - such as public investment, PPP projects, and large-scale commercial developments - would not require separate construction permits.
For other buildings, permit management would still apply through the conventional process.
The draft also simplifies administrative procedures and shortens processing time for construction permits, with a maximum issuance time of seven days.
In Ho Chi Minh City, delegate Nguyen Thi Yen raised concerns about managing private constructions that are exempt from permits. She stressed the need to clarify local government responsibility in cases of unauthorized or non-compliant construction.
She also called for tougher penalties on parties responsible for poor construction quality. Specifically, design consultants should be held liable or required to compensate if their designs are found faulty. Contractors must be accountable for substandard construction. Investors would bear responsibility for failing to manage their projects, while construction supervisors should be held accountable for negligence.
Delegate Nguyen Quang Huan remarked that the draft law still contains redundancies and omissions. He suggested simplifying the list of prohibited acts with broader language - for example, simply stating, “construction of buildings outside approved plans is prohibited.”
He also criticized the draft for lacking environmental and socio-economic impact evaluations. “The feasibility report section is lengthy but doesn’t mention environmental or socio-economic assessments,” he said.
“These factors should be integrated from the very beginning - during the investment report and feasibility study phases,” Huan concluded.