A lesson for the irresponsibility of managers at all levels.

Người Đưa Tin•17/09/2023

On September 12, 2023, at approximately 11:22 PM, a fire broke out at 37, alley 29/70, Khuong Ha Street (Khuong Dinh Ward, Thanh Xuan District, Hanoi ). The building was a 9-story mini-apartment complex constructed in 2015, covering an area of approximately 200 square meters and containing 45 rooms housing around 150 people. The fire resulted in extremely serious consequences, causing numerous casualties and significant property damage to residents.

The fire left devastating consequences, causing immense grief to many families. In one case, all seven members of a family lost their lives; some children lost both their mother and father; and in other instances, family members were separated by death.

Images of the fire spread widely on social media, haunting many people and causing them to worry about themselves and their loved ones, especially in large cities where land is scarce, the population is dense, and the economy is tight, making mini-apartments a popular housing option for many.

"Only when the house is on fire do the rats come out."

Speaking to Nguoi Dua Tin (The Informer) , Professor Dang Hung Vo – former Deputy Minister of Natural Resources and Environment – expressed his deep sorrow upon learning about the fire at the mini-apartment building in Khuong Dinh ward. As someone who lives in Thanh Xuan district, Hanoi, less than 3km from the scene of the fire, he questioned why, in a society that seems so progressive, such a tragic fire could occur.

"I've been to many mini-apartment buildings and realized one thing: if an emergency occurs, it will be very difficult for residents to escape. The entrances are narrow, electricity and water are inadequate, and the number of people living there is cramped and crowded," said Mr. Dang Hung Vo.

According to the expert, the reason for this situation is the rapid and strong development of mini-apartment buildings without strict management and supervision from the relevant authorities.

Real Estate - Mini Apartment Fire: A Lesson for the Irresponsibility of Management at All Levels — The scene of the fire at the mini-apartment building on Khuong Ha Street, Hanoi.

Regarding the mini-apartment model, the professor believes that the nature of this real estate product is not inherently bad. Developers build units with many similarities to modern apartments but at significantly lower prices, then divide them into units for rent or sale to suit the income and living needs of a segment of the population. Construction also adheres to publicly and transparently stipulated legal requirements and criteria.

However, the tragic accident occurred primarily due to the greed of the developer, who disregarded the lives and safety of the residents living in the building and ignored all legal regulations for this type of real estate. Secondly, it stemmed from the irresponsibility of some state management agencies who failed to properly fulfill their duties and responsibilities, possibly driven by self-interest – an economic calculation between the developer and the relevant authorities.

Real estate - Mini apartment building fire: A lesson for the irresponsibility of management levels (Figure 2). — Professor Dang Hung Vo.

“The emergence of mini-apartment buildings is not new; this type of product is helping to solve the housing problem for many people. Strict regulations for the construction of this type of building already exist, but those responsible for enforcing those regulations are very irresponsible. Only when the accident occurred, and 56 unfortunate victims died, did the truth come out,” said Professor Dang Hung Vo.

The responsibilities of both the investor and the government agency need to be considered.

From a legal perspective, Lawyer Nguyen Duc Manh – Deputy Director of Bizlink Law Firm – stated that the concept of "mini-apartment" was first mentioned in Decision No. 24 issued by the Hanoi People's Committee on June 20, 2014, and Decision No. 37 also issued by the Hanoi People's Committee on December 18, 2015. However, these two documents are no longer in effect.

Based on the concepts of detached houses and apartment buildings in the 2014 Housing Law, Mr. Manh stated that the "mini-apartment buildings" in Khuong Ha are essentially detached houses, and according to design standards for terraced houses, in all cases, houses should not be built more than 6 floors.

"Furthermore, in narrow alleys less than 6 meters wide, buildings are not allowed to be higher than 4 stories. Based on the description of the fire in Khuong Ha – 'a 9-story building with more than 45 apartments' – it is clear that the investor violated construction regulations," Mr. Manh affirmed.

The lawyer stated that current legal regulations regarding this type of housing are relatively comprehensive, but the issue lies in the process of granting construction permits, construction, and the inspection and supervision of the construction and commissioning of the project by the competent authorities.

The buying and selling of apartments in detached houses is also clearly regulated by law. If a house has two or more floors and each floor has two or more self-contained apartments; the minimum floor area of each apartment is 30 m2 or more and meets the conditions for apartment buildings, then the homeowner will be granted a Certificate of Ownership by the state.

And when a homeowner sells an apartment, the land use rights associated with that house become common property of the apartment buyers; therefore, the buying and selling of apartments in a private house is legitimate and permitted by law.

Real Estate - Mini Apartment Fire: A Lesson for the Irresponsibility of Management Levels (Figure 3). — Lawyer Nguyen Duc Manh: Apartment building developer faces a maximum prison sentence of 12 years.

However, following the incident that killed 56 people, on the evening of September 13th, the Hanoi City Police issued a decision to initiate a criminal case, indict and detain Nghiêm Quang Minh for 4 months on charges of violating fire safety regulations. Lawyer Nguyễn Đức Mạnh stated that the owner of the building on Khương Đình street will face several responsibilities, including administrative, criminal, and civil liability.

Firstly , for violations of construction regulations that deviate from the approved permit, the investor may be fined from VND 15,000,000 to VND 20,000,000 for the construction of individual houses. In addition, the investor will be required to demolish the part of the construction that violates the issued construction permit.

Secondly , the investor may face imprisonment from 7 to 12 years for violating fire safety regulations resulting in the death of 3 or more people. In addition, they may also be fined from VND 10,000,000 to VND 50,000,000, prohibited from holding office, or prohibited from practicing a certain profession or doing a specific job for 1 to 5 years.

In addition, the lawyer emphasized that in this case, it is also necessary to clarify the responsibilities of the competent state agencies (Thanh Xuan District People's Committee, Khuong Dinh Ward) in issuing construction permits and coordinating the inspection of construction implementation according to the permit to ensure compliance with construction laws and regulations.

Regarding civil liability, to determine civil liability, competent state agencies need to identify the cause of the fire or explosion in order to determine the fault and responsibility of the parties involved. If the cause is due to construction violating the building permit, the lack of a fire protection system, or the fire protection system of the apartment building not meeting the required standards, then the primary responsibility will lie with the apartment building's developer.

Regarding this issue, Mr. Vu Ngoc Anh, Director of the Department of Science, Technology and Environment (Ministry of Construction), stated that the mini-apartment building where the fire occurred did not comply with the initial building design.

Upon inspection, the mini-apartment building was found to have many elements that did not meet fire safety standards. In the event of a fire, many residents had to risk their lives by jumping onto the corrugated iron roofs of neighboring houses to escape. Furthermore, the building had numerous violations, including the illegal construction of four additional floors, inadequate emergency staircases, and lax management by the local authorities in granting construction permits.

According to Mr. Vu Ngoc Anh, the construction permit issued to Mr. Nghiem Quang Minh (the owner of the burned house) clearly stated "permission to construct a 6-story detached house," without specifying whether the house contained multiple apartments. However, in reality, the burned house was a detached house combined with commercial use (for rent or sale), consisting of 10 floors with 45 apartments, commonly known as a "mini-apartment building . "

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