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THE MINISTRY
OF CONSTRUCTION – MINISTRY OF INTERNAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
20/2013/TTLT-BXD-BNV
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Hanoi,
November 21, 2013
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JOINT CIRCULAR
GUIDING A NUMBER OF CONTENTS OF GOVERNMENT’S DECREE NO.
11/2013/ND-CP DATED JANUARY 14, 2013, ON MANAGEMENT OF URBAN DEVELOPMENT
INVESTMENT
Pursuant to the Government’s Decree No.
62/2013/ND-CP dated June 25, 2013, defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No.
61/2012/ND-CP dated August 10, 2012, defining the functions, tasks, powers and
organizational structure of the Ministry of Internal Affairs;
Pursuant to the Government’s Decree No.
11/2013/ND-CP dated January 14, 2013, on management of urban development
investment;
The Minister of Construction, and the
Minister of Home Affairs promulgate the Joint Circular guiding a number of
contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on
management of urban development investment.
Chapter I
GENERAL PROVISIONS
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This Circular guides on: urban development area,
management board of urban development area and project on urban area
construction investment.
Article 2. Subjects of
application
This Circular applies to management agencies,
construction-specialized agencies, organizations and individuals participating
in activities involving the urban development investment.
Chapter II
URBAN DEVELOPMENT AREA
Article 3. Responsibilities
of formulation, appraisal of dossier of proposal of urban development area
1. Responsibilities of formulation of dossier of
proposal of urban development area for urban development areas belonging to
administrative geographical areas of 01 province or central-affiliated city:
a) The provincial People’s Committees shall
assign the Service of Construction to act as agency in charge of organization
to formulate dossier of proposal for urban development area;
b) In case where a provincial People’s Committee
has established the management board of urban development area for general
management of urban development areas or management of some urban development
areas and will assign for additional management of tentative urban development
areas established, provincial People’s Committee may assign this board to
organize formulation of dossier of proposal for urban development areas.
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a) the Ministry of Construction shall be
agencies assuming the prime responsibility for, and coordinating with concerned
People’s Committees of provinces and central-affiliated cities in formulating
dossier of proposal of urban development area and submitting it to the Prime
Minister for decision on approval as prescribed in Article 9 of Decree No.
11/2013/ND-CP dated January 14, 2013 (hereinafter abbreviated to Decree No.
11/2013/ND-CP);
b) The concerned People’s Committees of
provinces and central-affiliated cities shall assign Services of construction
in assuming the prime responsibility for, and coordinating with each other in
providing information, formulating plans to perform part of urban development
area under their management and report them to the Ministry of Construction for
summing up and including in plan to perform in dossier of proposal of urban
development area in order to submit for approval as prescribed.
3. Responsibilities of appraisal of dossier of
proposal of urban development area:
a) If urban development area under the
competence for approval of the Prime Minister: The Ministry of Construction
shall assume the prime responsibility for, and coordinate with concerned
Ministries and sectors in appraising and submitting it to the Prime Minister
approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP;
b) If urban development area under the
competence for approval of the provincial People’s Committees: The Services of
Construction shall be agencies assuming the prime responsibility for, and
coordinating with concerned agencies in appraising and submitting it to the
provincial People’s Committees for approval.
Article 4. Duration of
formulation, appraisal of dossier of proposal of urban development area
1. Duration of formulation of dossier of
proposal of urban development area does not exceed 12 months from the day of
assigning formulation of dossier.
2. Duration of appraisal of dossier of proposal
of urban development area does not exceed 30 working days after receiving a
valid dossier submitted for appraisal specified in Article 5 of this Joint
Circular.
Article 5. Dossier of
submission for appraisal of urban development area
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a) Dossier of proposal of urban development area
as defined in Article 10 of Decree No. 11/2013/ND-CP;
b) Legal papers include:
Copies of decisions on approving the master plan
on economic-social development, land use planning, urban development program,
regional, provincial construction planning, general planning, subdivision
planning and other legal documents involving guidelines on establishment of
urban development area (if any).
2. Quantity of dossier of submission for
appraisal of urban development area: 10 sets.
3. Report content is made according to form
defined in Annexes 1, 3 of this Joint Circular, content of decision on
approving is made according to form defined in Annex promulgated together with
Decree No. 11/2013/ND-CP.
Article 6. Drawings of
dossier of proposal of urban development area
Drawings in dossier of proposal of urban
development area as defined at point b Clause 2 Article 10 of Decree No.
11/2013/ND-CP include the following drawings:
1. Position drawing of urban development area:
a) Position drawing of urban development area is
presented on the basis of space development orientation diagram of urban
general planning scheme (or general planning scheme of specialized functional
zones) already been approved by competent authorities at the rate of the
approved planning map. In case of this drawing, it will exceed 01 paper sheet
A0 upon it is printed in proper rate: may zoom out this diagram to ensure
drawing does not exceed 01 paper sheet A0 upon printing;
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2. Boundary drawing of urban development area
and division of investment stages
a) Boundary drawing of urban development area
and division of investment stages are shown on the basis: Planning map of total
land use ground of schemes on subdivision planning or planning map of land use
and division of functional zones in scheme on general planning (for urban areas
not required to make subdivision planning and urban development zones with
specialized function) in accordance with proper rate of the approved planning
map;
b) Boundary drawing of urban development area
and division of investment stages need present full following contents:
Boundary marks to define limitation, scope of urban development area (with
enclosed coordinates); tentative positions and boundaries of projects in urban
development area; division of investment stage is defined under plan on
performance of urban development area (presented by color symbol); the summed
table of list of projects and the tentative area scale of each project.
Article 7. Implementation
plan of urban development area
1. Implementation plan of urban development area
is a content of dossier of proposal of urban development area defined in point
g Clause 2 Article 10 of Decree No. 11/2013/ND-CP. Agencies which are assigned
by the provincial People’s Committees for organizing formulation of dossier of
proposal of urban development area (specified at Clause 1 Article 3 of this
Joint Circular) or assigned for assuming the prime responsibility for, and
coordinating in formulation of dossier of proposal of urban development area
(specified at point b Clause 2 Article 3 of this Joint Circular) shall assume
the prime responsibility for, and coordinate with concerned provincial
Departments and sectors in formulating implementation plan of urban development
area in order to include content of dossier of proposal of urban development
area in submission for approval as prescribed.
2. Implementation plan of urban development area
is made and bases on: Duration of performing urban planning and urban
development program already been approved; tentative needs of housing and urban
services (in association with the tentative population growth) and ability of
mobilizing resources for the work of construction investment.
3. Implementation plan of urban development area
must specify division of investment stages under 5-year stages with list of
projects performed in each stage.
4. Division of investment stage in
implementation plan of urban development area (with list of projects which are
being performed in each stage) must be concretized at zone boundary drawing and
division of investment stages specified at Clause 2 Article 6 of this Joint
Circular and must be presented in Decision on approving the urban development
area.
Article 8. Competence of
approval of urban development area
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Article 9. Adjustment of
urban development area
1. Urban development area must periodically be
considered, reviewed, assessed on course of implementation of construction
investment in order to timely adjust to be consistent with situation of
socio-economic development and tentative need of urban development. Duration of
periodical review will be 05 years from the date the urban development area is
approved.
2. The Services of Construction shall preside
over the periodical review of implementation of the approved urban development
area. The review results must be report in writing to the provincial People’s
Committees, agencies competent to approve the urban development area and the
Ministry of Construction.
3. Based on reports on review result specified
at Clause 2 this Article, need of socio-economic development and the appearance
of elements impacting to course of urban development in localities, if consider
it is necessary, the provincial People’s Committees shall assign the Services
of Construction or the management board of urban development area (under
provisions at Clause 1 Article 3 of this Joint Circular) to organize
formulation of dossier of proposal to adjust the urban development area.
4. The Ministry of Construction shall assume the
prime responsibility for, and coordinate with the concerned provincial People’s
Committees in conducting periodical review of implementation of urban
development area in administrative geographical areas of 02 or more provinces
or central-affiliated cities already been approved, and report to the Prime
Minister for decision on adjustment as necessary.
5. The appraisal of dossier of proposal to
adjust urban development area shall comply with Clause 3 Article 3 of this
Joint Circular.
6. Agencies competent to decision on approval of
urban development area as prescribed in Article 9 of Decree No. 11/2013/ND-CP
shall decide on approval of proposal for adjustment of urban development area.
7. Dossier of proposal to adjust urban
development area includes:
a) Report on adjustment of urban development
area (clarifying the necessity and legal basis of adjustment);
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c) Report on review result of implementation of
urban development area and concerned legal documents.
Article 10. Announcement on
urban development area after adjustment
After dossier of proposal to adjust urban
development area has been approved by competent authorities, the announcement
of urban development area after adjustment shall comply with Article 12 of
Decree No. 11/2013/ND-CP.
Article 11. Transfer of
land use right which has been invested in infrastructure construction for
people (households and individuals) to self build dwelling houses:
1. Depending on need of urban development,
ability of mobilizing resources, proposals of investors, the provincial
People’s Committees shall provide for zones permitted to transfer land use
right which has been invested in infrastructure construction for people
(households and individuals) to self build dwelling houses, after having unified
opinion in writing of the Ministry of Construction under Clause 7 Article 4 of
Decree No. 11/2013/ND-CP.
2. Zones permitted to transfer land use right
which has been invested in infrastructure construction for people to self build
dwelling houses may include: a zone with many projects; a project or a part in
project.
3. The consideration to provide for zones
permitted to transfer land use right which has been invested in infrastructure
construction for people to self build dwelling houses must ensure the following
basic principles:
a) Complying with legislation on urban planning
(subdivision planning, detailed planning) and regulations on managing
architecture planning of zone already been approved by competent authorities
satisfying requirements of economic development, social welfare and housing
needs of localities;
b) Zones permitted to transfer land use right
must be invested in essential infrastructure construction including: Service
works and technical infrastructure constructions (roads, electricity cable
routes, lighting system, information and telecommunication, water supply and
drainage) under the approved detailed planning; ensuring connection with the
general infrastructure system of zone before transferring land use right for
people to self build dwelling houses; ensuring supply of essential services to
people when they arrive for accommodation.
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d) Households and individuals who are
transferred land use right to self build houses must build houses in accordance
with construction permit; abide by the detailed planning and urban design already
been approved.
4. Process of consulting:
a) On the basis of consideration of urban
development need, ability of mobilizing resources, and proposals of investors
(if any), the provincial People's Committees shall assign Services of
Construction to assume the prime responsibility for, and coordinate with
concerned management agencies in proposing zones permitted to transfer land use
right which has been invested in infrastructure construction for people to self
build dwelling houses (including: Zone with many projects, project or each area
part on project on urban development investment) and preparing dossier (as
prescribed at Clause 5 this Article) to the provincial People’s Committee for
consideration and sending to consult the Ministry of Construction for unified
opinion;
b) Within 30 working days, after receiving 01
valid set of dossier send by the provincial for consulting, the Ministry of
Construction shall reply in writing;
c) After reaching unified opinion of the
Ministry of Construction, the provincial People’s Committees shall issue a
decision to provide for zones permitted to transfer land use right which has
been invested in infrastructure construction for people to self build dwelling
houses.
5. Dossier to send for consulting the Ministry
of Construction includes: official dispatch to request for consulting made by
the provincial People’s Committees (clearly presenting the necessity and legal
grounds of transfer of land use right which has been invested in infrastructure
construction for people to self build dwelling houses) and concerned dossiers
and documents as follows:
a) For case of proposing zone (with many
projects), the concerned dossiers and documents include:
Dossier of illustration and drawing zoomed out
of scheme on general planning (for case not required to make subdivision
planning) or related scheme on subdivision planning, management regulation
under planning scheme, regulations on managing the architecture planning of
zone already been approved by competent authorities (enclosed with written
approvals); position and boundary diagram of tentative zone permitted to
transfer land use right (presented on drawing of dossier of proposal of urban
development area specified at Clause 2 Article 6 of this Joint Circular);
decision on approving the urban development area made by competent authorities.
(All dossiers and documents mentioned above are copies with a seal for
confirmation of agencies asking for opinion).
b) For case of projects on urban development
investment already accepted for investment as prescribed in Decree No.
11/2013/ND-CP, concerned dossiers and documents include:
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c) For case of projects on new urban centers,
projects on housing development already accepted for investment before the
effective day of Decree No. 11/2013/ND-CP, concerned dossiers and documents
include:
Summary illustration of project; dossier of
scheme on detailed planning of project at rate 1/500 (enclosed with urban
design), management regulation under the planning scheme (enclosed with written
approvals); decisions on approving project, decisions on approving investment.
(All dossiers and documents mentioned above are copies with a seal for
confirmation of investor).
6. Proposal of tentative zones (including many
projects), project or a part of project permitted to transfer land use right
which have been invested in infrastructure construction for people to self
build houses may be included in content of dossier of proposal of urban
development area, or dossier of proposal of acceptance for investment in
project for the Ministry of Construction in combining to give opinion during
appraisal or give unified opinion.
7. Responsibilities in supervision, check of
transfer of land use right which has been invested in infrastructure
construction for people to self build dwelling houses: Specialized agencies of
state management on construction and natural resources and environment at
localities, the management board of urban development area (if any) and
investors of projects shall be responsible for supervision, check to ensure
observance of people with the approved detailed planning, urban design of
project and concerned law upon building houses.
Article 12. Position and
function of the management board of urban development area
Position and function of the management board of
urban development area shall comply with Clause 1 Article 13 of Decree No.
11/2013/ND-CP.
Article 13. Tasks and
powers of the management board of urban development area
1. To assume the prime responsibility for, and
coordinate with concerned agencies in formulating 5-year, annual plans to
implement the urban development area, including the proposal of lists, types of
capital sources and roadmap to perform projects on urban development investment
in the urban development area, submitting to the provincial People’s Committees
for approval and organization of implementation.
2. To organize activities to promote investment
in the urban development area; research and propose incentive policies, typical
mechanisms applicable to activities of construction investment in urban
development area.
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4. To make plan to select investor of project on
urban development investment, submit it to the provincial People’s Committees
for decision; guide, support for investors during preparation of investment and
performance of project on urban development investment.
5. To organize management or execute function of
investor for projects in urban development area financed from state budget as
assigned by the provincial People’s Committees.
6. To monitor, supervise implementation of
projects on urban development investment to ensure in accordance with planning,
plan, progress under contents of the approved projects; sum up, propose and
coordinate with functional agencies to handle problems arising during
investment.
7. To assume the prime responsibility for, and
coordinate with functional agencies, service providers, investors, ensure the
synchronous connection and management of frame technical infrastructure system,
connection of technical infrastructure among projects in stage of construction
investment until finishing the handing over to the urban government.
8. To formulate a database system, supply
information of urban development area; sum up and report to the provincial
People’s Committee, Services of Construction and the Ministry of Construction
biannually, annually or irregularly about situation of implementation of
investment projects and plans on implementation of urban development area which
it is assigned to manage.
9. To perform other tasks and powers about
management of construction investment, urban development within urban
development area as assigned by the provincial People's Committees or
authorized as prescribed by law.
Article 14. Organizational
structure and operation of the management board of urban development area
1. Organizational structure of the management
board of urban development area:
a) The management board of urban development
area includes head of board and not more than 03 deputy heads of board. In
special case, it must consult competent agencies for unified opinion.
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2. Chairpersons of the provincial People’s
Committees shall appoint, relieve of duty head of board, deputy heads of board
on the basis of proposals of Directors of Construction Services, appraisal of
Services of Home Affairs according to decentralization of the provincial
People’s Committees and law.
3. Head of board shall decide on recruitment,
appointment, relieving from duty of officers of the management board of urban
development area under decentralization and on the basis of observance with law
on management, recruitment and use of officers and employees in public
non-business units.
4. Standard of position of head of management board
of urban development area, in addition to general standards under law, need
ensure: To graduate from university or higher in one of specialized branches:
architecture, planning, urban area, construction, technical infrastructure,
economy (branches involving construction and urban infrastructure); have
experiences in the management work of construction investment, urban
development for 5 years or more.
5. Operational funding of the management board
of urban development area shall be financed partly from budget, management cost
of the assigned projects, service revenues and other revenues as prescribed by
law.
6. The management board of urban development
area shall perform the mechanism on autonomy, self-responsibility in executing
the tasks, organization of apparatus, management of officers and finance as
prescribed by law.
7. The management board of urban development
area operates under its operational regulations promulgated by chairpersons of
provincial People’s Committees.
Article 15. Establishment,
dissolution of the management board of urban development area
1. The urban development areas which must have a
management board of urban development area include:
a) Urban development areas in urban areas which
have scheme on general planning under competence of approval of the Prime
Minister include: general planning of central-affiliated cities, general
planning of province-affiliated cities being rank-I urban areas, general
planning of new urban areas with forecast population scale equivalent to rank-III
urban area or higher, new urban areas with planning scope involving
administrative geographical areas of 2 or more provinces and central-affiliated
cities, other general planning under competence of approval of the Prime
Minister;
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2. For urban development areas specified in
Clause 1 this Article, the management board of urban development area is
established newly or established on the basis of organization and
re-arrangement of the management board of construction investment projects, the
management board of urban development; the management board of infrastructure
development, the management board of new urban centers affiliated the
provincial People’s Committees which exist in localities but it must ensure
streamlined and effective organization of apparatus in localities.
3. For the remaining urban development areas, chairpersons
of the provincial People’s Committee shall based on need of urban development
in localities may decide on establishment of the management board of urban
development area as prescribed at Clause 2 this Article.
4. The process of and procedures for
establishment and dissolution of the management board of urban development area
shall comply with Government’s Decree No. 55/2012/ND-CP dated June 28, 2012, on
establishment, reorganization and dissolution of public non-business units.
5. Services of Construction are agencies
suggesting the establishment, reorganization and dissolution of the management
board of urban development area as prescribed at Clause 2 Article 13 of Decree
No. 11/2013/ND-CP.
Article 16. The
coordinative mechanism between the management board of urban development area
and Services of Construction, Specialized Services, agencies of state
administrative management in localities
1. The management board of urban development
area shall be directed, guided on professional operations of Construction
Services and Departments of line management in localities; be responsible for
periodically and irregularly reporting to the Construction Services about
situation of implementation of urban development area, situation of investment
projects which it is assigned for management; periodically and irregularly
reporting to the Departments of line management regarding operational field of
board under state management scope of Departments.
2. Construction Services and specialized
Departments shall direct, guide professional operations and inspect, check
activities of the management board of urban development area within state
management fields of Departments as prescribed by law.
3. The management board of urban development
area and the district-level People’s Committee in urban development area shall
coordinate under mechanism between agencies affiliated the provincial People’s
Committees and local state administrative agencies in fields: compensation,
ground clearance and resettlement; perform projects on construction investment;
manage, hand over urban infrastructural constructions; management of
administration, security and order within urban development area.
4. Chairpersons of provincial People’s
Committees shall promulgate a coordinative mechanism between the management
board of urban development area and specialized Services, the district-level
People’s Committees during the course of implementation of urban development
area.
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1. After the Prime Minister issued decision on
approving urban development area, People’s Committees in relevant provinces and
central-affiliated cities shall decide on establishment of the management board
of urban development area or assign the management board of urban development
area already established previously to perform management of urban development
area within administrative geographical areas which they are assigned for
management.
2. The management board of urban development
area of each relevant province, central-affiliated city shall coordinate with
each other during management of construction investment ensuring the
synchronous connection, progress, quality and effectiveness of the investment
work in zones where it is assigned for management.
3. The management board of urban development
area of urban development area locating in administrative geographical area of
02 or more provinces and central-affiliated cities shall periodically and
irregularly report to the Coordinate Board of urban development area,
provincial People’s Committees and Construction Services about situation of
urban development investment within geographical areas which it is assigned for
management and problems arising in construction investment or technical
infrastructure connection in order to have solutions for handling and
unfastening.
Article 18. Coordinate
board of urban development area
1. The Ministry of Construction shall assume the
prime responsibility for, and coordinate with the relevant provincial People’s
Committees in establishing the Coordinate Board of urban development area as
prescribed at point d Clause 2 Article 13 of Decree No. 11/2013/ND-CP. The
Minister of Construction shall decide on establishment of the Coordinate Board
of urban development area including representatives of the Ministry of
Construction, representatives of the provincial People’s Committees and some
relevant Ministries and sectors. The urban development agency - the Ministry of
Construction is standing agency assisting for the Coordinate board of urban
development area. Members of Coordinate board and the assistant unit work under
the part-time regime.
2. The coordinate board has function of
directing and supporting the management board of urban development area of
localities to perform synchronously progress of urban development area locating
in administrative geographical area of 02 or more provinces and
central-affiliated cities; coordinate with the relevant provincial People’s
Committees in considering and handling problems arising during implementation
of urban development area under its competence or report to the Prime Minister
for consideration and decision.
Article 19. The
responsibilities of management of urban development areas which do not
establish a management board of urban development area
1. For urban development areas which do not
establish a management board of urban development area, Construction Services
shall manage, supervise, direct plans on implementing urban development area
already approved by competent authorities and other tasks of the management
board of urban development area specified in Article 14 of this Joint Circular.
2. For urban development areas being economic
zones (as prescribed Article Clause 7 Article 2 of Decree No. 11/2013/ND-CP),
establishment of the management boards shall comply with law on economic zones.
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PROJECTS ON URBAN AREA
CONSTRUCTION INVESTMENT
Article 20. Selection of
investors of projects
The selection of investors shall comply with
Article 20 of Decree No.11/2013/ND-CP. After being selected, investor shall
make dossier of proposal for approving investment to submit to the provincial
People’s Committee for consideration to decide on approving investment or
submit to competent authorities for approving investment.
Article 21. Competence of
approving investment in project
Based on area scale, position, nature of
project, competence of approving investment for each project type shall be
specified in Articles 21, 22, 23, 24, 25 of Decree No. 11/2013/ND-CP.
Article 22. Dossier of
proposal for approving investment
1. Dossier of proposal for approving investment
shall comply with Article 26 of Decree No.11/2013/ND-CP. Documents, dossiers,
enclosed legal papers specified at clauses 2, 3, 4 Article 26 of Decree No.
11/2013/ND-CP are copies with seal for confirmation of investor of project.
2. If investor wishes to apply for approving
investment in project under divided investment stages of project, investor of
project shall make a dossier of proposals under divided investment stages of
project and submit it to competent agencies for consideration and approving for
investment.
Consideration for approving projects under
divided investment stages must ensure implementation of project in accordance
with detailed planning of project and implementation plan of urban development
area already been approved, ensure the synchronous connection between work
items in project and urban infrastructure system in adjacent areas, ensure
landscape architecture under the approved urban design.
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Article 23. Appraisal of
dossier of proposal for approving investment
1. Duration and process of appraisal of dossier
of proposal and decision on approving investment are specified in Article 27 of
Decree No.11/2013/ND-CP.
2. For projects on urban construction investment
under the investment approval competence of the provincial People’s Committees:
Construction Services are agencies assuming the prime responsibility for, and
coordinating with Departments, sectors (Planning and Architecture, Natural
Resources and Environment, Planning and Investment, Finance, Transport, Home
Affairs, Agriculture and Rural Development, Culture – Sport and Tourism, the
management board of urban development area ...) and relevant administrative
management agencies in appraising dossier of proposal for approving investment.
3. For projects on urban construction investment
under the investment approval competence of the Prime Minister: The Ministry of
Construction shall assume the prime responsibility for, and coordinate with the
relevant Ministries, sectors and provincial People’s Committees in appraising
dossier of proposal for approving investment as prescribed at Clause 1 Articles
21, 22 of Decree No. 11/2013/ND-CP.
4. Content of Report on proposing for investment
approval shall make according to forms in Annexes 1, 5; content of decision on
approving investment shall make according to form in Annex 6 of this Joint
Circular.
Article 24. Consulting the
Ministry of Construction for unified opinion
1. The Ministry of Construction shall have
written unified opinion for the provincial People’s Committees to decide on
approving investment for projects specified at Clause 2 Articles 21 and 22;
Clause 1 Article 23 of Decree No. 11/2013/ND-CP.
2. Dossier to send for consulting the Ministry
of Construction includes:
a) A written request for opinion of the Ministry
of Construction made by the provincial People’s Committee
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c) Enclosed legal papers (being copies with a
seal for confirmation of investor): Decision on approving urban development
area and plan on implementation of urban development area; dossier of detailed
planning of project enclosed with decision on approving; dossier to prove
capability of investor about finance, experiences in investment and management
which are appropriate for project implementation.
3. For case of project adjustment under scope
specified at clause 3 article 33 of Decree No. 11/2013/ND-CP which need consult
the Ministry of Construction, dossier of project for adjustment for consulting
includes:
a) A written request for opinion of the Ministry
of Construction made by the investor;
b) Illustration on adjusted project enclosed
with contents of coordination between investor and local authority specified at
clauses 1 and 5 Article 32 of Decree No. 11/2013/ND-CP;
c) Enclosed legal papers (being copies with a
seal for confirmation of investor) include: Papers related to grounds of
adjustment, dossier of detailed planning of project (or adjustment of detailed
planning – if any) enclosed with decision on approving; dossier to prove
capability of investor about finance, experiences in investment and management
which are appropriate for project implementation.
Chapter IV
GUIDING ON TRANSITIONAL
HANDLING
Article 25. To review and
classify projects on housing and new urban area development which have been
approved and permitted investment
1. The provincial People’s Committees shall
assign Construction Services to preside over organization or reviewing and
assessing actual conditions of implementation and classification of projects on
housing and new urban area development which have been approved, permitted
investment before the effective date of Decree No. 11/2013/ND-CP; clarify
status of real estate inventory in localities to report to the provincial
People’s Committees.
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3. Classification of projects to propose,
consider deciding on suspension, termination or permission of implementation
need base on the basic principles for each following group:
a) Group of projects permitted further implementation:
Projects with project products satisfying needs on housing of market; in line
with subdivision planning (or urban general planning – in case it is not
required to make subdivision planning) and programs, plans on housing
development already been approved; investor with capability able to ensure
completion of project with proper progress and quality as approved;
b) Group of projects which need to be adjusted
for the further implementation: Projects which have basically finished the work
of ground clearance, projects which have invested but need to be adjusted to be
consistent with urban planning and programs, plans on housing development
already been approved, or need adjust product types and time of provision to be
consistent with forecast on housing need of market;
c) Group of suspended projects: Projects which
have basically finished the work of ground clearance but have house products of
the same kind of products which cannot sell on market and cannot adjust;
projects which have not yet performed the ground clearance or area of ground
clearance obtaining low rate (less than 30); projects which investors have
insufficient capability for project performance;
d) Group of terminated projects: Projects which
fail to make ground clearance, projects with function inconsistent with the
approved urban planning; projects which are performed with delayed progress
must be handled by withdrawal as prescribed by law on land and real estate.
4. Based on decisions on termination,
suspension, further implementation of projects, the provincial People’s
Committees shall direct Services of Construction in guiding investors to
perform solutions of transitional handling in line with each project under
Articles 49, 50, 51 of Decree No. 11/2013/ND-CP.
Article 26. Transitional
handling for projects on urban development investment which area permitted
further implementation
1. For projects on housing development and
projects on new urban areas performing adjustment of apartment structure and
transferring commercial houses to social houses or service works under
Government’s Resolution No. 02/NQ-CP dated January 07, 2013, on a number of
solutions to remove difficulties for business production, market support in
handling of bad debts: Adjustment of projects shall comply with Circular No.
02/2013/TT-BXD dated March 18, 2013 of the Ministry of Construction.
2. For projects on housing development which
have been approved investment as prescribed in Government’s Decree No.
71/2010/ND-CP and projects on new urban areas which have been permitted
investment as prescribed in Government’s Decree No. 02/2006/ND-CP before the
effective day of Decree No. 11/2013/ND-CP, they are not required to do
procedures for approving investment again as prescribed in Decree No.
11/2013/ND-CP. During implementation, if having need of adjustment of projects,
the adjustment shall comply with Article 51 of Decree No. 11/2013/ND-CP and law
on construction.
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4. For projects on new urban areas and projects
on housing development which have been approved guideline of investment by
competent authorities before the effective day of Decree No. 11/2013/ND-CP, but
not yet been approved investment or decided on investment permission. From the
effective day of Decree No. 11/2013/ND-CP, in order to ensure progress for the
work of investment preparation while waiting the approval of competent
authorities for concerned urban development areas, the provincial People’s
Committees shall direct to update these project in list of projects of urban
development area anticipated establishment, concurrently allow investor to
further conduct dossier of proposal to apply for investment approval under
Decree No. 11/2013/ND-CP.
Article 27. Program on
urban development
1. For urban areas with program on urban
development (specified at clause 1 Article 4 of Decree No. 11/2013/ND-CP)
approved under regulation, the provincial People’s Committees shall, base on
the master plan on social-economic development, construction planning of
province, urban general planning already been approved, programs on housing
development, forecast of development need in reality, ability of mobilizing
investment capital, direct specialized agencies of construction state
management in making diagram of allocating urban development areas at same
deadline of implementation as the basis for making dossier of proposal of urban
development area and submitting it to competent agencies for approval under
regulations.
2. The formulation, appraisal and approval of
program on urban development shall comply with the guiding Circular of the
Ministry of Construction.
Article 28. Guide on costs
for formulation, appraisal of dossier of proposal of urban development area and
Appraisal charge of dossier of proposal for investment approval
1. Costs for formulation, appraisal of dossier
of proposal of urban development area shall comply with the guiding
Circular of the Ministry of Construction.
2. Appraisal charge of dossier of proposal for
investment approval shall comply with the guiding Circular of the Ministry of
Finance on guiding collection, remittance, management, and use of appraisal
charge of construction investment projects.
Chapter V
IMPLEMENTATION PRVISIONS
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1. The provincial People’s Committees shall
direct, guide, inspect implementation of this Joint Circular; newly establish
or organize, rearrange the existing the management board to establish the
management board of urban development area and report in writing to the
Ministry of Construction and Ministry of Internal Affairs.
2. In the course of implementation, any arising
problems should be reported to the Ministry of Construction for assuming the
prime responsibility for, and coordinating with Ministry of Internal Affairs in
consideration and settlement.
Article 30. Effect
1. This Circular takes effect on January 05,
2014.
2. This Circular replaces Circular No.
04/2006/TT-BXD dated August 18, 2006 of the Ministry of Construction, guiding
the implementation of the new urban center regulation promulgated together with
the Government's Decree No. 02/2006/ND-CP of January 05, 2006.
FOR THE
MINISTER OF HOME AFFAIRS
DEPUTY MINISTER
Tran Anh Tuan
FOR THE
MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Nguyen Thanh Nghi
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(Promulgated
together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21, 2013
of the Minister of Construction, and the Minister of Home Affairs, guiding a
number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
THE
SUBMITTING AGENCY
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
No.:
…….
……,
date ……. month ……. year ……
REPORT
On approval of urban development area (name of
area)……
Respectfully
to: The approving agency
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Pursuant to the Joint Circular
No……… dated ……….. of the Minister of Construction, and the Minister of Home
Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013, on management of urban development investment;
Pursuant to Decision No….
dated….. of (competent authority) on approving the land use planning ….;
Pursuant to Decision No….
dated….. of (competent authority) on approving the urban (construction)
planning ….;
Other relevant legal
grounds……………….
(The submitting agency)…….
reports to (The approving agency)…….. and request for approving proposal of the
urban development area (name of area)........ at (address of the proposed urban
development area) …….. with the following principal contents:
1. Name of urban development
area:
2. Location, boundaries and area
of urban development area:
3. Description of present
condition of urban development area:
4. Basis of forming the urban
development area:
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6. Introduction on basic content
of the approved general planning:
7. Plan on implementation of
urban development area:
8. Tentative deadline of
implementation:
9. Preliminary costs estimate,
tentative investment resources for urban development:
10. Proposal about the
management board of urban development area as prescribed Article 13 of the
Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of
urban development investment.
11. Summary report on tentative
urban development area.
(The submitting
agency)…….. reports and requests (the approving agency)…….for consideration and
approval of proposal of urban development area mentioned above.
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(Signature, full name, position and seal)
ANNEX II
(Promulgated
together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21,
2013 of the Minister of Construction, and the Minister of Home Affairs, guiding
a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
THE
MINISTRY OF CONSTRUCTION
--------
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
No.:
……..
……,
date ……. month ……. year ……
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On approving the urban development area (name of
area)……… in administrative geography area (of many
provinces/centrally-affiliated cities)……….
Respectfully
to: The Prime Minister
Pursuant to the Government’s
Decree No. 62/2013/ND-CP dated June 25, 2013, defining the functions, tasks,
powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s
Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban
development investment;
Pursuant to the Joint Circular
No……… dated ……….. of the Minister of Construction, and the Minister of Home
Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013, on management of urban development investment;
Other relevant legal grounds……………….
Pursuant to the notification of
conclusion of meeting on appraisal of dossier of proposal of urban development
area (name of area) …….. dated……..at………….;
The Ministry of Construction
respectfully submits to the Prime Minister for approving the urban development
area (name of area)……… in administrative geography area of
provinces/centrally-affiliated cities………. with the principal content:
1. Name of urban development
area:
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3. Description of present
condition of urban development area:
4. Basis of forming the urban
development area:
5. Main nature and function of
the area:
6. Introduction on basic content
of the approved general planning:
7. Plan on implementation of
urban development area:
8. Tentative deadline of
implementation:
9. Preliminary costs estimate,
tentative investment resources for urban development:
10. Proposal of Coordinate board
of urban development area.
11. Dossier of proposal of urban
development area…….: and documents enclosed with this official dispatch.
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The Ministry of Construction
respectfully submits contents of urban development area as above to the Prime
Minister for consideration and decision.
THE
MINISTRY OF CONSTRUCTION
(Signature, full name and seal)
ANNEX III
(Promulgated
together with the Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21,
2013 of the Minister of Construction, and the Minister of Home Affairs, guiding
a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
THE
APPRAISING AGENCY
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No.:
……..
……,
date ……. month ……. year ……
REPORT
On approval of urban development area (name of
area)……
Respectfully
to: The approving agency
Pursuant to Decision No….
dated….. defining function, tasks, powers and organizational structure of (the
apprising agency);
Pursuant to the Government’s
Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban
development investment;
Pursuant to the Joint Circular
No……… dated ……….. of the Minister of Construction, and the Minister of Home
Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013, on management of urban development investment;
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Pursuant to the notification of
conclusion of meeting on appraisal …….. dated…….at……..
(The appraising agency)…..
respectfully submit to (the approving agency)…. for approving urban development
area with the following principal contents:
1. Name of urban development
area:
2. Location and boundaries of
urban development area:
3. Description of present
condition of urban development area:
4. Basis of forming the urban
development area:
5. Main nature and function of
the area:
6. Introduction on basic content
of the approved general planning:
7. Plan on implementation of
urban development area:
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9. Preliminary costs estimate,
tentative investment resources for urban development:
10. Proposal of Coordinate board
of urban development area:
11. Dossier of proposal of urban
development area……….. and illustration drawings enclosed to this official
dispatch.
12. Petitions of (the appraising
agency):
(The appraising agency)…..
respectfully submits contents of urban development area as above to (the
approving agency)…. for consideration and decision.
THE
APPRAISING AGENCY
(Signature, full name and seal)
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ANNEX IV
(Promulgated
together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21,
2013 of the Minister of Construction, and the Minister of Home Affairs, guiding
a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
INVESTOR
NAME
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
No.:
……..
……,
date ……. month ……. year ……
REPORT
On proposal for approving investment in project
(project name) ……..
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Pursuant to the Government’s
Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban
development investment;
Pursuant to the Joint Circular
No……… dated ……….. of the Minister of Construction, and the Minister of Home
Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013, on management of urban development investment;
Pursuant to Decision No……… dated
………. Of (competent agency) on approving urban development area ……… (name of
urban development area);
Other relevant legal
grounds……………….
(Project name)…………submit
dossier of proposal for approving investment in implementation of the project
(project name) to the provincial/municipal People’s Committee and request the
provincial/municipal People’s Committee for consideration and decision on
approving investment in project (project name) ……………….. (or submit to
competent authorities for consideration and approval of investment in project
(project name) ……..) with the following provincial contents:
1. Project name:
2. Investor name:
3. Location, boundaries and land
area of entire project:
4. Objectives of project:
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6. Preliminary content of
project (affair, product…):
7. Costs estimate of total
investment level:
8. Investment capital sources:
9. The tentative performance
duration and schedule; investment divergence (if any):
10. Methods of land delivery,
land lease, transfer of land use right (if any):
11. Land for construction of
social houses, houses for lease or financial contribution (if any):
12. Infrastructural
constructions which are transferred to State:
13. Proposals involving supports
and preferential treatment of state applicable to project under regulations:
14. Proposals of investor
regarding obligation to contribute to State and localities:
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(The investor)…………respectfully
submit contents of proposal for approving investment in project (project name)
…….. as above to the provincial/municipal People’s Committee ………..for
consideration and decision on approving investment in project (project name)
……………….. (or submit to competent authorities for consideration and
decision).
INVESTOR
(Signature, full name and seal)
ANNEX V
(Promulgated
together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21,
2013 of the Minister of Construction, and the Minister of Home Affairs, guiding
a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
THE
APPRAISING AGENCY
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No.:
……..
……,
date ……. month ……. year ……
REPORT
On proposal for approving investment in project
(project name) ……..
Respectfully
to: The agency for approving investment
Pursuant to the Decree/Decision
No. ………dated ………., defining the functions, tasks, powers and organizational
structure of ………..(the appraising agency);
Pursuant to the Government’s
Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development
investment;
Pursuant to the Joint Circular
No………/TTLT-BXD-BNV dated ……….. of the Minister of Construction, and the
Minister of Home Affairs, guiding a number of contents of Government’s Decree
No. 11/2013/ND-CP dated January 14, 2013, on management of urban development
investment;
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Other relevant legal
grounds……………….;
Pursuant to the Report No………
dated……… of the investor (or provincial/municipal People’s Committee *) and dossier
of proposal for approving investment of the investor;
(The appraising agency)…..
respectfully submit to (the agency for approving investment)…. for
consideration and approval of investment in project (project name)……… with the
following principal contents:
1. Project name:
2. Investor name:
3. Location, boundaries and land
area of entire project:
4. Objectives of project:
5. Investment form:
6. Preliminary content of
project (affair, product…):
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8. Investment capital sources:
9. The tentative performance
duration and schedule; investment divergence (if any):
10. Methods of land delivery,
land lease, transfer of land use right (if any):
11. Land for construction of
social houses, houses for lease or financial contribution (if any):
12. Infrastructural
constructions which are transferred to State:
13. Proposals involving supports
and preferential treatment of state applicable to project under regulations:
14. Tentative administrative
management unit of project. Regulations on coordination in administrative
management, administrative transfer, security and public service between
investor and relevant local agencies during the course of implementation until finishing
project.
15. Petitions of (the appraising
agency):
(The appraising agency)…..
respectfully submit contents on request for approving investment in project to
(the agency for approving investment)…. for consideration and decision.
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THE
APPRAISING AGENCY
(Signature, full name and seal)
Note:
(*)
In case where the submitting agency is the provincial People’s Committee.
ANNEX VI
(Promulgated
together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21,
2013 of the Minister of Construction, and the Minister of Home Affairs, guiding
a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14,
2013, on management of urban development investment)
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------
No.:
……..
……,
date ……. month ……. year ……
DECISION
On approving investment in project (project
name) ……..
(NAME
OF AGENCY FOR APPROVING INVESTMENT)
Pursuant to the Law/Decree No. ………dated
………., defining the functions, tasks, powers and organizational structure of
………..(the agency for approving investment);
Pursuant to the Government’s
Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban
development investment;
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Pursuant to Decision No……… dated
………. of competent agency on approving urban development area and plan on
implementation of urban development area;
Other relevant legal
grounds……………….;
Pursuant to documents on
appraising dossier of proposal for approving investment in project dated …….of
(the appraising agency)………;
At the proposal of investor (or
the provincial/municipal People’s Committee *)
at report No. … dated….. on requesting for approving investment in project,
DECIDES:
Article 1. To approve
investment in project with the following principal content:
1. Project name:
2. Investor name:
3. Location, boundaries and land
area of entire project:
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5. Investment form:
6. Preliminary content of
project (affair, product…):
7. Costs estimate of total
investment level:
8. Investment capital sources:
9. The tentative performance
duration and schedule; investment divergence (if any):
10. Methods of land delivery,
land lease, transfer of land use right (if any):
11. Land for construction of
social houses, houses for lease or financial contribution (if any):
12. Infrastructural
constructions which are transferred to State:
13. Supports and preferential
treatment of state applicable to project under regulations:
...
...
...
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15. Tentative administrative
management unit of project. Regulations on coordination in administrative
management, administrative transfer, security and public service between
investor and relevant local agencies during the course of implementation until
finishing project.
Article 2. Organization
of implementation
Article 3. Responsibilities
of relevant agencies in execution of decision.
THE
AGENCY FOR APPROVING INVESTMENT
(Signature, full name and seal)
Note:
(*)
In case where the submitting agency is the provincial People’s Committee.
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