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MINISTRY OF CONSTRUCTION OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 03/VBHN-BXD
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Hanoi, May 30, 2023
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DECREE
INVESTMENT MANAGEMENT OF URBAN DEVELOPMENT
Decree No. 11/2013/ND-CP
dated January 14, 2013 of the Government of Vietnam on investment management of
urban development, effective as of March 1, 2013, is amended by:
(1) Decree No.
100/2018/ND-CP dated July 16, 2018 of the Government of Vietnam on amending and
annulling some regulations on necessary business conditions in fields under the
state management of the Ministry of Construction of Vietnam, effective as of September
15, 2018;
(2) Decree No.
31/2021/ND-CP dated March 26, 2021 of the Government of Vietnam on elaboration
of some Articles of the Law on Investment, effective as of March 26, 2021;
Pursuant to the Law on
Government Organization of Vietnam dated December 25, 2001;
Pursuant to the Law on
Construction dated November 26, 2003; Law No. 38/2009/QH12 of 2009 on amending
and supplementing a number of articles of laws relating to the investment in
capital construction dated June 19, 2009;
Pursuant to the Law on
Real Estate Business dated June 29, 2006;
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At the request of the
Minister of Construction of Vietnam1;
The Government of
Vietnam hereby promulgates the Decree on Investment Management of Urban Development;
Chapter I
GENERAL PROVISIONS
Article 1. Scope and
regulated entities
1. Scope:
This Decree provides for
activities related to urban development investment including: urban planning;
preparation and disclosure of plans to deploy areas of urban development;
investment in construction and operation, and transfer of investment in urban
development projects.
2. Regulated entities:
This Decree applies to
organizations and individuals in Vietnam and abroad involved in activities
related to investment in urban development.
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For the purpose of this
Decree, the following terms shall be construed as follows:
1. Urban development area
is an area identified for urban development investment in a certain period. The
urban development areas include: new urban development area, expanded urban
development area, renovation area, conservation area, urban reconstruction area
and specific functional area.
Urban development area
may include one or more urban functional areas. The urban development area may
be within the administrative boundaries of one or more provinces or cities. The
urban growth area may include one or more urban development investment
projects.
2. New urban development
area is an area expected to be formed a new urban area in the future under
urban planning approved by the competent authority, and invested in new
construction synchronizing with the urban infrastructure.
3. Expanded urban
development area is the urban development area including the existing urban
area and new urban area with a synchronous connection with the urban
infrastructure.
4. Urban improvement area
is the urban development area which is invested in construction to improve the
quality of existing urban area, but does not alter the basic urban structure.
5. Urban conservation
area is the urban development area in order to preserve and refurbish urban
historical and cultural values.
6. Urban reconstruction
area is the urban development area which is newly built on the floor of the old
buildings demolished of the existing urban area.
7. Specific functional
area is an urban development area to form specific functional areas such as
economic, tourist and resort areas, college campuses, etc.
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Urban development
investment project including project on investment in urban area construction
and project on investment in construction of works in urban areas.
9. Urban area
construction investment project is a construction investment project on
buildings (which may include: housing, infrastructure, public buildings, etc.)
on an assigned land area in the urban development area under the planning
approved by the competent authority.
Urban area construction
investment project includes the following types:
a) New urban area
construction investment project is a construction investment project on a new
construction urban area on a land area converted from other land types to urban
construction land;
b) Urban reconstruction
project is a project which shall build new architectural buildings and infrastructure
on the floor of current buildings demolished under the urban planning approved
by the competent authority;
c) Urban renovation and
refurbishment project is the upgrading and renovation of exterior side or
building structure in the existing urban areas without any change of more than
10% of the land use criteria of the area;
d) Urban preservation and
refurbishment project is the preservation and refurbishment of cultural,
historical and architectural values of the buildings and landscape in the
area of urban cultural heritage;
dd) Mixed urban area
construction investment project means urban area construction investment
projects that can include newly-constructed buildings, renovated and
refurbished buildings.
10. Project on investment
in construction of works in urban area is the new construction investment
project; either expanding or renovating and refurbishing of architectural
buildings and infrastructure.
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12. Level 1 investor is
the person assigned by the State to implement the urban development investment
project. The level 1 investor may be:
a) Functional state
management agencies;
b) Management Board of
construction investment assigned by the competent state agencies
c) Enterprises of all
economic sectors, cooperatives;
d) Political and
socio-occupational organizations qualified as prescribed by laws.
13. Secondary investor is
the level 2 investor or investor of subsequent levels involved in urban
development investment project through the lease, assignment or transfer of
land use right with infrastructure under the urban development investment
project for investment in construction of works.
14. Urban services are
public services provided in urban areas such as: management, operation and
maintenance of the system of technical infrastructure; hygiene and
environmental protection; park and tree management; urban lighting, water
supply and drainage; condominium management; funeral services, waste treatment;
public transport; protection of order and security in the urban development
area; health, education, commerce, entertainment, sports and other public
services.
Article 3. Principle
of urban development investment
1. Ensuring the
consistent master plan of socio-economic development of provinces and the
nation, complying with construction planning, urban planning, urban development
deployment plans, law on construction investment and related laws.
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3. Ensuring the
exploitation and use of resources economically and efficiently; environmental
protection and response to climate change, natural disasters aimed at
sustainable development.
4. Creating a good living
environment for urban residents; protecting the interests of the community in
conformity with the interests of the State and the investors.
5. Preserving and
promoting the national cultural identity, preserving and refurbishing cultural
and historical remains.
Article 4. Land
reserved for urban development
1. Provincial People's
Committee shall assign Departments of Construction as the focal agency to
develop the urban development programs for the whole province and each urban
area for submission to the provincial People’s Committee for approval.
2. Provincial People's
Committee shall, based on urban planning and urban development programs, plans
for urban development area implementation, land use plan approved by the
competent authority, direct organizations to provide land for disclosed urban
development investment projects in the urban development area.
3. Provincial and
district-level People's Committee as decentralized shall organize the
implementation or guide the investor to carry out the compensation, assistance
and resettlement upon land recovery as prescribed by land laws.
4. The allocation or
lease of land for urban development investment is made based on the results of
the selection of investors via the forms of appointment, bidding, and land
allocation for the construction of social housing or auction as prescribed by
laws.
5. The recovery of the
whole or part of the land allocated or leased for urban development investment
projects which have not been implemented or fallen behind schedule shall comply
with land laws.
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7. Provincial People's
Committees shall specify the areas permitted to execute the transfer of land
use rights with the complete infrastructure investment for people to build
their own houses under detailed planning of the approved project after having
the written consent of the Ministry of Construction of Vietnam.
Article 5. Investment
capital for urban development
1. Investment capital for
urban development areas include: the state budget, official development aid
(ODA) and capital from other economic sectors.
2. Provincial People's
Committees are entitled to use existing investment funds (including: local
development investment fund, land development fund infrastructure development
fund, housing development funds, etc.) to create investment funds for urban
development areas.
Article 6.
Encouragement, supporting and incentive for investment in urban development
projects
1. The State shall
have policies to encourage, support and favor the urban development investment
projects with one or more of the following criteria:
a) Investing in
construction framework technical infrastructure, social infrastructure to serve
the public interest without capital recovery and not in the list of the
buildings in which the investors are required to invest;
b) Investing in social
housing, relocation housing and renovating and rebuilding residential areas,
old condominiums in accordance with the law;
c) Investing in housing
construction for lease;
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2. The State shall have
supporting policies including:
a) Promptly publishing
and providing free-of-charge information on the planning and deployment plan of
urban development area.
b) Supporting the
investment in projects to strengthen the capacity of public services to the
area.
3. Other incentive cases
as prescribed by laws.
Chapter II
URBAN DEVELOPMENT AREA
Article 7.
Requirements for the preparation, appraisal and approval of urban planning
1. The preparation,
appraisal and approval of construction planning, and urban planning shall
comply with the Law on Construction, Law on Urban Planning, and related guiding
documents.
2. For urban areas
expected to have their boundaries expanded or urban development areas with an
anticipated population size equivalent to the level I urban area or more,
provincial People's Committees shall submit tasks and general schemes to the
Ministry of Construction of Vietnam for appraisal and presentation to the Prime
Minister of Vietnam for approval.
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4. For the subdivision
scheme with the population size equivalent to grade IV or more at special urban
areas, level 1 urban areas and the centers with the scale determined in the
master plan approved equivalent to level-1 urban area, the provincial People's
Committee shall consult the Ministry of Construction of Vietnam before the
approval of the competent agency;
5. The time limit for the
Ministry of Construction of Vietnam to consider providing opinions on the
subdivision scheme specified in Clause 4 of this Article shall not exceed 15
working days from the date of receipt of the written consultation and dossier
of the planning scheme.
Article 8.
Responsibility for preparation of proposal dossiers on urban development areas
Provincial People's
Committees shall, based on the master plan for socio-economic development,
regional construction planning, general urban planning, subdivision planning,
and urban development program, prepare proposal dossiers on urban development
areas for submission to the Prime Minister of Vietnam for decisions or decide
development areas within their jurisdiction as specified in Article 9 of this
Decree.
Article 9. Competence
to decide on urban development areas
1. The Prime Minister of
Vietnam shall decide on the following urban development areas after obtaining
the appraisal opinion of the Ministry of Construction of Vietnam on the
contents specified in Clause 3 of this Article:
a) Urban development
areas in the urban areas with the general planning scheme under the approval
competence of the Prime Minister of Vietnam;
b) Urban development
areas within the administrative boundaries of two or more provinces;
c) Urban development
areas in order to form a new urban area with the population size equivalent to
level IV or more under the approved plan;
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2. Provincial People's
Committee shall decide on the remaining urban development areas.
3. Appraisal contents to
propose the urban development areas:
a) The conformity with
the master planning for socio-economic development, the orientation of master
planning for national urban systems, and planning and development strategies of
other sectors associated with national security;
b) Conformity with the
approved master planning, subdivision planning, and urban development programs;
c) The feasibility of
implementation plans for urban development areas.
4. The number of dossiers
proposing the urban development areas sent to the Ministry of Construction of
Vietnam for appraisal is 10 sets.
5. The time for appraisal
of proposal dossiers shall not exceed 30 working days.
6. Content of the Draft
Decision on approval of the urban development areas shall comply with the form
prescribed in the Appendix enclosed with this Decree.
Article 10. Content of
proposal dossiers on urban development areas
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2. Summary report on the
expected urban development area includes:
a) Name of the urban
development area;
b) Location and
boundaries of the urban development area (with schematic illustration);
c) Description of the
current state of the urban development area;
d) Explanation about the
foundation of the urban development area;
dd) Nature and/or main
functions of the area;
e) Introduction of the
basic content of the approved urban master planning;
g) Implementation plan
for the urban development area;
h) Estimated time limit
of implementation;
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k) Proposal of the form
of management or establishment of the Management Board of urban development
area as prescribed in Article 13 of this Decree. Establishment or use of
existing Management Boards of urban development areas to manage each urban
development area;
Article 11. Content of
implementation plan for urban development area;
1. Determination of the
list of projects in the urban development area based on the subdivision
planning for level IV urban cities or higher and the master planning for level
V urban cities and specific functional areas.
2. Determination of the
order of construction and implementation progress of urban development
investment projects to ensure the implementation of the framework technical
infrastructure projects and some urgent social infrastructure works of the area
before the implementation of the component projects.
3. Relocation and
resettlement plans.
4. Capital plan and
capital mobilization model.
5. Organization of
management and implementation under capital mobilization models.
Article 12. Disclosure
of urban development area and implementation plan.
1. Within 30 days after
the decision on approving the urban development areas, the provincial People's
Committees shall disclose the urban development areas and implementation plans,
provide information, and create favorable conditions for investors to invest in
urban development projects.
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3. The disclosure shall
include the main content of the Decision on approving the urban development
areas and implementation plans for urban development areas for the investors to
know, choose, and make decisions on investment in projects.
Article 13. Management
Board of urban development area
1. Location, function of
Management Boards of urban development areas:
a) Depending on local
conditions, the Chairman of the provincial People’s Committee shall decide to
set up the Management Board of the urban development area according to Clause 2
of this Article. The Management Board of the urban development area is the
public unit under the provincial People’s Committee with legal status and seal
and is subject to the directive and management of the organization and
operation of the provincial People’s Committee and directive and professional
instruction of the Construction Department and the local specialized management
departments;
The Management Board of
the urban development area shall have the functions to assist the provincial
People’s Committee in implementing a number of tasks of urban development
investment management in the urban development area, including Managing and
supervising the process of urban development investment as planned; ensuring
synchronous connection and managing the system of framework technical
infrastructure, technical infrastructure connection between projects in the
construction investment stage; directly managing projects using state budget
capital assigned by the provincial People’s Committees; performing other tasks
of implementing urban development areas as assigned by the provincial People’s
Committee.
2. Cases of establishment
or dissolution of Management Boards of urban development areas:
a) Urban development
areas must have Management Boards, including urban development areas in the
urban areas with the master planning scheme under the planning authority of the
Prime Minister of Vietnam; the urban development areas specified in Clauses 2,
5, 6, 7, Article 2 of this Decree;
b) Except for the urban
development areas that must have Management Boards specified in Point a, Clause
2 of this Article, for the remaining urban development areas, the Chairman of
the provincial People’s Committee shall, based on the local urban development
needs, decide on the establishment or non-establishment of Management Boards of
urban development areas;
c) Depending on the needs
of urban development, scale, and importance of the urban development areas and
the conditions for local socio-economic development, a province may establish
one or more of the Management Boards of urban development areas; one Management
Board can also be assigned to manage one or more urban development areas;
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dd) Chairman of the
provincial People’s Committee shall decide to dissolve the Management Board of
an urban development area after it has completed its assigned tasks as
prescribed by laws or when those tasks are transferred to another Management
Board.
3. Management Boards of
urban development areas shall:
a) Take charge and
cooperate with relevant agencies in preparing the 5-year plan and annual plan
to implement urban development areas and submit them to provincial People’s
Committees for approval and implementation;
b) Organize activities to
promote investment in urban development areas; study and suggest preferential
policies and specific mechanisms for application to the construction investment
in urban development areas;
c) Prepare plans to
select investors for projects on urban development and submit them to
provincial People's Committees for decisions; guide and assist investors in the
process of investment preparation and implementation of investment projects on
urban development;
d) Organize the
management or perform investor functions for projects in urban development
areas with the use of state budget assigned by provincial People’s Committees;
dd) Monitor and supervise
the implementation of urban development investment projects to ensure
conformity with the planning and progress according to the approved project
contents; summarize, propose, and cooperate with the competent agencies in
handling problems and difficulties arising in the course of investment
implementation;
e) Take charge and
cooperate with other agencies, service providers, and investors in ensuring the
synchronous connection and management of framework technical infrastructure and
technical infrastructure connection between the projects in the construction
investment phase until the completion of the handover to urban authorities;
g) Develop the database
system, provide information on urban development areas; summarize and prepare
reports for submission to provincial People's Committees and the Ministry of
Construction of Vietnam every 6 months, annually, or irregularly on the
performance of investment projects and deployment plans for urban development
areas assigned for management;
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4. The operational costs
of Management Boards of urban development projects are partially covered by the
state budget, the assigned funding for the management of projects, and the
service revenues as prescribed by laws.
Chapter III
URBAN DEVELOPMENT INVESTMENT PROJECT
Section 1. URBAN AREA
CONSTRUCTION INVESTMENT PROJECT
Article 14. Detailed
planning for projects
1. The preparation,
appraisal, and approval of the detailed planning for urban area construction
investment projects shall comply with urban planning laws.
2. Adjustments to the
detailed planning for projects shall comply with urban planning laws and not
exceed the satisfactory capacity of the urban infrastructure system determined
in the scheme for urban planning approved without adversely affecting the urban
landscape or reducing the quality of life of local residents.
3. The preparation and
adjustment to the detailed planning for urban development projects s identify
technical infrastructure construction space of common use to determine the
layout of lines, technical tanks, trenches, and tunnels.
Article 15. Management
of construction investment implementation
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Article 16. (annulled)2
Article 17. Level 1
investors shall:
1. Prepare detailed
planning (if the project area does not have any approved detailed planning),
urban design, and urban area construction investment projects for submission to
competent authorities for approval, and comply with the approved detailed
planning.
2. Implement the
investment in the construction of works according to the approved detailed
planning and progress of the approved project.
3. Invest in the
construction of technical infrastructure and social infrastructure works,
ensuring synchronization with the infrastructure system of the surrounding area
and conformity with the progress of the approved project.
4. Ensure a temporary
connection between the technical infrastructures in the project area with the
technical infrastructure systems outside the scope of the project in case the
latter has not been invested according to the approved planning.
5. Implement the
requirements of provincial People's Committees on the contribution to the area
infrastructure development and allocation of land area with the infrastructure
to create social housing construction funds according to housing laws.
6. Organize activities to
provide housing management services, technical infrastructure systems, and
other urban services within the scope of the project pending the handover.
7. Manage the operation
and ensure the quality of the works which are not transferred or have yet to be
transferred to local authorities.
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9. Provide guidelines on
procedures and cooperate with the secondary investors (if any) in performing
the procedures for the transfer of land with the technical infrastructure or
other products of the project in compliance with laws.
10. Perform other
obligations as prescribed by law.
Article 18. Tasks of
secondary investors
Secondary investors shall
perform the tasks prescribed in Clauses 1 through 8, Article 17 of this Decree.
2. Secondary investors
shall be subject to the management of level 1 investors in the construction
process, ensure compliance with the approved detailed planning, and carry out
the construction investment according to the contract signed between the two parties,
construction laws, and relevant laws.
3. Secondary investors
perform other obligations as prescribed by law.
Article 19. Changes to
investors
1. Changes to investors
refer to cases where an investor transfers the entire urban development project
to another investor.
2. Changes to investors
must not alter the objectives of the project and must ensure the interests of
customers and other related parties, and comply with state-funded project
management laws (if any), investment laws, real estate trading laws, and
relevant laws.
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4. The new investor must
ensure to meet the conditions prescribed in Article 16 of this Decree.
Article 20. (annulled)3
Article 21. (annulled)4
Article 22. (annulled)5
Article 23. (annulled)6
Article 24. (annulled)7
Article 25. (annulled)8
Article 26. (annulled)9
Article 27. (annulled)10
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Article 29. Collecting
appraisal opinions on request for approval for investment guidelines of
projects on investment in urban area construction12
1. The approval for
investment guidelines of projects on investment in urban area construction
shall comply with investment laws. .
2. During the process of
appraising a project on investment in urban area construction to approve
investment guidelines, the Ministry of Planning and Investment of Vietnam shall
seek appraisal opinions of the Ministry of Construction of Vietnam about the
contents specified in Clauses 3 and 4 of this Article with respect to the
project subject to approval for its investment guidelines by the Prime Minister
of Vietnam; the investment registration authority shall seek appraisal opinions
of the Department of Construction about the contents specified in Clauses 3 and
4 of this Article with respect to the project subject to approval for its investment
guidelines by the provincial People’s Committee.
3. Contents about which
appraisal opinions are obtained with regard to a project on investment in urban
area construction on request for approval for investment guidelines of projects
on investment in construction of an urban area with residential housing:
a) Contents about which
appraisal opinions are obtained are the same as those for a housing
construction projects in accordance with housing laws;
b) Assessment of
conformity of the investment project with the urban development objectives and
orientations specified in the urban development program (if any) approved by a
competent authority. If the urban development program has yet to be approved by
a competent authority, assess conformity of the project with the urban
development objectives and orientations specified in the approved general
planning or provincial planning;
c) Consideration for the
synchronization of the preliminary plan for investment phasing or expected
division of component projects (if any) and preliminary plan for investment in
construction and management of urban infrastructure inside and outside the
project.
4. Contents about which
appraisal opinions are obtained with regard to a project on investment in
construction of an urban area without housing:
a) Assessment of
conformity of the investment project with the detailed planning (if any) or
subdivision planning (if any). If the detailed planning or subdivision planning
has yet to be approved by a competent authority, assess conformity of the
investment project with the general planning;
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Article 30. (annulled)13
Article 31. Grounds to
develop projects
1. General planning,
subdivision planning, and detailed planning.
2. Implementation plan
for urban development area.
3. Decision on approval
for the result of the selection of investor or decision on investor
appointment, or documents certifying the land use right in case the investor is
the owner the land lot of the project.
4. Other relevant legal
documents.
Article 32. Project
dossier
1. Explanation of project
with the main contents as follows:
a) Necessity and legal
grounds of the project;
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c) Size, area, surface boundary,
and current conditions of the land lot;
d) Plan for site
clearance, resettlement, and vocational training and employment support for
workers in the site clearance area;
dd) The number and
percentage of different types of houses, apartments, plans for product
consumption; solutions and plans for the implementation of public services and
other urban services;
e) Explanation of
economic and technical investment, the business plans for capital recovery;
total investment; effectiveness of social and economic investment; specific
allocation and transfer of land use right, land lease, or use of the land fund
to generate capital to build infrastructure to determine the source of capital
for stages of investment and business;
g) Explanation for the
capacity and experience of investor about finance, investment, and appropriate
management for project implementation;
h) Methods of
implementation:
- Form of project
management;
- Investment phase,
progress, and method of implementation.
2. Dossier on basic
design of the project.
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4. Dossier on component
project in service of resettlement and site clearance (if any).
5. Cooperative contents
between investor and local authority:
a) Investment in building
infrastructure projects outside the fence and technical infrastructure of the
State through the project area;
b) Investment in building
administrative offices and social infrastructure (if any);
c) Infrastructural items
transferred without compensation (if any) and the progress of the transfer;
d) Responsibility for
providing public services and other urban services;
dd) Determination of the
tasks, responsibilities, and relationships between the investor of the project
with relevant subjects in the above cooperative contents;
e) Proposals for support
and incentives for the project;
g) Proposal for
administrative management, new administrative units and plan to for transfer of
administrative management to the local authorities (if any).
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Article 34. Project
progress
1. The organization
implementing the project shall ensure the progress of the project and the
general implementation of the whole urban development area.
2. In case the investor
proposes adjustments to the project progress leading to behind-schedule
operation and use, the investor must have a written explanation and have it
approved in writing by the provincial People's Committee. The provincial
People's Committee shall consider replying within 30 working days from the date
of receipt of the written proposal and explanation from the investor.
3. The handling of
violations of the progress of the project shall comply with construction laws,
land laws, and relevant laws.
Article 35. Investment
in social infrastructure development
1. Investors shall
synchronously develop social infrastructure by a progress in line with the
housing works, ensuring that the quality of services meets the needs of people
coming for residence.
2. If the local
government directly invests in the development of social infrastructure works
in urban areas with funding from the state budget, the unit assigned by the
State to be the investor of works construction shall invest in the construction
of these works in line with the progress of the approved project and ensure the
consistency of the overall project as a secondary investor.
3. If the local
government cannot allocate the budget to develop these works according to the
initial plan of the project, the investor shall invest in the construction of
such works in appropriate forms (such as BT, BOO, etc.).
Article 36.
Completing, transferring and putting works into operation and use
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a) The testing of
completed works shall comply with construction works quality and management
laws;
b) The archive of
documents of works is done shall comply with archive laws, construction laws,
and relevant laws.
2. Investors shall
complete the procedure for recognition of land use rights and ownership of the
works as prescribed by laws regarding completed works in operation or use.
3. Transfer and
utilization of technical infrastructure and social infrastructure:
a) For completed
technical infrastructure and social infrastructure works, the investor may
operate or transfer such works to the receiving party for management and
operation according to initial objectives of the project.
The investor shall take
responsibility for the quality of the works and provide a warranty for the
transferred works as prescribed by laws. Regarding used works, before the
transfer, the investor shall assess the quality and value and complete the
necessary maintenance work.
b) For technical
infrastructure and social infrastructure works not transferred or not yet
transferred, the investor shall manage such works and ensure operational
quality.
c) The receiving party
shall manage and utilize works for the intended functions and maintain such
works under construction laws.
For works of which the
receiving party has been identified in the content of the project, that party
may and shall manage the quality and conduct the works testing during the
construction until it is completed, transferred, and put into operation.
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4. For works requiring
the transfer of administrative management to the local authorities, the
investor must plan and implement the transfer of administrative management to
the local authorities according to Article 38 of this Decree. While it is not
possible to transfer the entire project, the investor must cooperate with the
local administrative management units in processing administrative procedures
for households moving in.
Article 37. Urban
services
1. Project investors
shall organize the provision of urban services and ensure to serve the needs of
moving-in residents according to the project objectives until its transfer to
the authority or other organizations and enterprises managing professional
services.
2. Local authorities
shall prepare the necessary conditions and direct the transfer of the
management and operation of urban services to organizations and enterprises
managing professional services.
Article 38. Transfer
of administrative management
1. The investor shall,
based on the progress of the investment, construction, and business of the
project, cooperate with the local authority in preparing the plan to transfer
administrative management in the project area and presenting it to the
competent authority for approval so that related parties can implement it,
including:
a) Cooperation in
administrative management between the investor and the administrative
management unit in the period of no transfer identified in the Decision on
investment approval.
b) Transfer of management
upon completion of construction works and operation and use as per regulation.
c) Transfer of
administrative management upon completion of the entire project.
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3. The transfer shall be
done within 3 months after the end of the project by the investor, as well as
the completion of other responsibilities as prescribed by laws.
4. Administrative
management units shall disclose headquarters and organize the apparatus in
conformity with the transferred management scale to implement administrative
management to ensure the rights of moving-in residents.
Article 39. Capital
mobilization and product trading of project
1. Investors may mobilize
capital as prescribed by laws to implement the project according to the content
and progress of the approved project.
2. Products of the
project include: land with infrastructure, housing (villas, townhouses, and
apartments), infrastructural works, and other works.
3. The trading of the
project products shall comply with this Decree, real estate business laws,
housing laws, and relevant laws.
Section
2. URBAN WORKS CONSTRUCTION INVESTMENT PROJECT
Article 40. Management
and implementation of construction investment for urban works construction
investment projects
1. The urban works
construction investment projects shall comply with construction laws, this
Decree, and relevant laws.
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3. Consultation contents
of the Ministry of Construction of Vietnam
a) Conformity with urban
planning, urban development area, and implementation plan for urban development
area approved by the competent authorities; compliance with relevant laws;
b) Factors ensuring the
feasibility and effectiveness of the project include: the need to invest;
objectives and progress of the project; socio-economic efficiency of the
project.
4. For projects specified
in Clause 2 of this Article, within 7 days from the date of receipt of official
dispatch from the investors and 15 sets of dossier on the project (specified by
law on the management of works construction investment projects), the
provincial People's Committee shall send written consultation (accompanied by 1
set of dossier on the project) to the Ministry of Construction of Vietnam.
Within 15 working days from the date of receipt of the official dispatch for
consultation, the Ministry of Construction of Vietnam shall provide written
replies for the provincial- People's Committees according to the contents
specified in Clause 3 of this Article. The provincial People's Committees shall
issue written approval so that the investor can carry out the project within 15
days from the date of receipt of the written consent of the Ministry of
Construction of Vietnam.
5. For conservation and
refurbishment projects on cultural heritage works
a) The project
implementation shall not change or damage the cultural, architectural, and
historical values, etc. of the original works;
b) The preparation,
appraisal, approval, and implementation of conservation and refurbishment
projects in the urban development area shall comply with the cultural heritage
laws, construction laws, this Decree, and relevant laws;
c) For conservation and
refurbishment projects for works ranked as national remains and special
national remains, within 7 days from the date of receipt of the report and 10
sets of project dossiers from the investor, the provincial People's Committee
shall seek the written consent of the Ministry of Construction of Vietnam
before the competent authority approves the project. Within 15 working days
from the date of receipt of the official dispatch for consultation, the
Ministry of Construction of Vietnam shall provide answers for the contents
specified in Clause 3 of this Article;
d) For conservation and
refurbishment projects ranked as provincial remains, the investor shall consult
the Department of Planning and Architecture, Construction, and Culture, Sports
and Tourism for report submission to competent authorities before the approval
of the project. Within 15 working days from the date of receipt of the official
dispatch for consultation and the project dossier, the Departments mentioned
above shall reply in writing.
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RESPONSIBILITIES OF STATE MANAGEMENT
AGENCIES
Article 41. The
Ministry of Construction of Vietnam shall:
1. Uniformly manage the
urban development nationwide.
2. Develop orientations,
strategies, and master planning for development of national urban systems,
programs, national key projects on urban development, objectives in the field
of urban development in the task of socio-economic development of Vietnam in
each period for submission to the Prime Minister of Vietnam for approval and
implementation.
3. Develop and submit to
competent authorities for promulgation, or promulgate under its competence
policies and legislative documents on management of urban development
investment, policies, and management solutions to urbanization process, urban
development management models, and guide and inspect the implementation.
4. Take charge and
cooperate with concerned ministries and central and local authorities in
controlling the urban development process to ensure compliance with the master
planning for the development of the national urban system, urban planning, and
urban development plans approved by competent authorities.
5. Take charge and
cooperate with concerned ministries and central authorities in appraising the
planning schemes under the approval competence of the Prime Minister of Vietnam
as prescribed in Clause 2 Article 7 of this Decree.
6. Provide written
consent for the approval of subdivision planning schemes of the provincial
People's Committee as specified in Clause 4, Article 7 of this Decree.
7. Take charge and
cooperate with concerned ministries and central authorities in appraising
proposals for urban development areas under the decision competence of the
Prime Minister of Vietnam specified in Clause 1, Article 9 of this Decree.
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9. (annulled)16
10. Organize the
development and management of the database system and provide information on
urban development nationwide.
11. Guide, inspect,
settle complaints and denunciations, and handle violations in urban development
within its jurisdiction.
12. Perform other tasks
of managing urban development investment assigned or authorized by the Government
of Vietnam or the Prime Minister of Vietnam.
Article 42. The
Ministry of Planning and Investment of Vietnam shall:
1. Take charge and
cooperate with the Ministry of Construction of Vietnam and the Ministry of
Finance of Vietnam in developing plans for the allocation of construction
investment capital for projects on investment in urban development covered by
the central budget; mobilize ODA for programs and projects to support the urban
development, renovation, and upgrade.
2. Take charge and cooperate
with concerned ministries and central authorities in guiding provinces to
provide investment incentives for urban development investment projects.
Article 43. The
Ministry of Finance of Vietnam shall:
Take charge and cooperate
with concerned ministries and central authorities in developing and guiding the
implementation of incentives related to policies on finance and tax for urban
development investment projects.
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1. Inspect, urge, and
guide provinces on the review, adjustment, and supplement to planning, land use
plans, and preparation of land funds for the development of urban development
investment projects.
2. Provide specific
guidelines on the use of land for urban development, minimum resettlement
slots, and implementation of land incentives for urban development investment
projects.
Article 45. Concerned
ministries and central authorities shall:
1. Prepare and manage
sector planning by functions and tasks assigned by the Government of Vietnam as
a basis for urban development.
2. Perform state
management functions within their jurisdiction for urban development investment
projects.
Article 46. Provincial
People's Committees shall:
1. Uniformly manage urban
development in the area; develop an apparatus capable of meeting the state
management requirements consistent with the actual urban development.
2. Direct the review,
assessment, and identification of urban development areas and prepare plans for
the implementation of urban development areas and establish management boards
of urban development areas; ensure a reasonable and effective transition in the
short-term period and sustainable urban development in the future; attract
investment in local urban development investment projects.
3. Conduct the site
clearance as prescribed by laws and establish organizations managing and
developing urban land funds.
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5. Develop technical
infrastructure outside the project boundary to ensure a synchronous connection
with the urban framework technical infrastructure.
6. Direct the receipt of
transfer and organize the administrative apparatus upon receiving the transfer
of urban development projects.
7. Develop and manage
local urban development information systems, report on the assessment of the
situation of local urban development, and submit biannual reports on the
results to the Ministry of Construction of Vietnam for summary and submission
to the Prime Minister of Vietnam.
8. Take charge and
cooperate with the Ministry of Natural Resources and Environment of Vietnam and
the Ministry of Construction of Vietnam in reviewing, adjusting, or
supplementing planning and land use plans for the allocation of urban
development land funds.
9. Stipulate mechanisms
of encouragement and incentives to attract economic sectors to invest in urban
development.
10. Inspect and handle
violations within their jurisdiction.
Chapter V
TRANSITIONAL PROCESSING
Article 47.
General principles
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1. Re-establishing order
in urban development: Investing in construction in compliance with the orientation
of the approved national urban development, general planning, and subdivision
planning and ensuring the synchronous connection of the projects in each urban
development area;
2. Ensuring the
implementation of urban development investment projects according to the
approved plan for implementation of the urban development area, rectifying the
spontaneous and redundant development causing waste of land and social
resources;
3. Limiting the impacts
that affect the progress and effectiveness of the project, and the legitimate
rights and interests of the parties concerned.
Article 48.
Transitional processing of regulations on urban planning and identification of
urban development area
1. If the urban areas
have an approved urban master planning but there is no subdivision planning,
detailed planning, urban design, or urban development program from the
effective date of this Decree, the provincial People’s Committees shall direct
the preparation of the subdivision planning, detailed planning, urban design,
regulation on architectural planning management and urban development program
for approval according to urban planning laws as a basis for determining the
urban development area and preparing implementation plans as specified in
Article 8 of this Decree.
2. If the urban areas
already have general planning, subdivision planning, and urban development
programs approved but not yet identifying the urban development area from the
effective date of this Decree, the provincial People's Committees shall direct the
identification of the urban development area; issue approval within their
jurisdiction or submit reports to the competent authorities for decisions
according to Article 9 and establish management boards of urban development
areas according to Article 13 of this Decree.
Article 49.
Transitional processing for projects assigned on the basis of compliance with
general planning and subdivision planning approved by competent authorities
1. Provincial People's
Committees shall direct the review and addition of projects to the list of
urban development area projects and ensure that the projects comply with the
implementation plan for urban development area and this Decree.
2. For investment
projects on the construction of housing urban areas: the provincial People's
Committees shall direct the review and adjustment to ensure that the projects
comply with the rate of land area for social housing under housing laws and
relevant laws.
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Provincial People's
Committees shall direct the review, classification, and implementation of the
transitional processing for each of the following cases:
1. Projects in conformity
with the approved general planning and subdivision planning: comply with
Article 49 of this Decree.
2. Projects that do not
conform with the approved general planning and subdivision planning:
a) If the project has yet
to implement construction investment or has developed technical infrastructure
partially: the provincial People's Committees shall direct the review and
adjustment to the project for conformity with the general planning and
subdivision planning and manage the implementation of project investment
according to this Decree and relevant laws;
b) If the project has
completed the construction of technical infrastructure: the provincial People's
Committees shall direct the review and inspection of the connection of
infrastructure; adjust the project to suit the general planning and subdivision
planning, and ensure the connection to the common infrastructure of the area;
adjust the project progress according to the implementation plan for urban
development area;
c) If the project has
completed the construction of technical infrastructure and is implementing the
works construction investment: the provincial People's Committees shall direct
the review and adjustment to the portions of the area with unrealized
implementation of construction investment to conform with the general planning,
subdivision planning; adjust the housing structure of the projects according to
market demand; adjust the progress of the project according to the
implementation plan for urban development area;
d) If the project has
completed the crude construction: the provincial People's Committees shall
direct the review and request the investors to focus on improving the social
infrastructure and other works to put the project into operation and use.
3. For projects in the
urban centers with general planning under the approval competence of the Prime
Minister of Vietnam, during adjustments to the projects specified in Points a,
b, and c, Clause 2 of this Article, before submitting the project to the
competent authority for approval, the investor must submit 3 sets of project
adjustment dossiers to the Ministry of Construction of Vietnam for written
consent for the following contents: conformity with urban planning, urban
development area and implementation plan for urban development area approved by
the competent authority; compliance with relevant laws. The time limit to
review and reply in writing shall not exceed 30 working days from the date of
receipt of the written consultation, project adjustment dossier, and relevant
legal documents.
4. In case of projects on
urban housing construction investment, apply Clause 2, Article 49 of this
Decree simultaneously.
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Chapter VI
IMPLEMENTATION PROVISIONS
Article 52.
Implementation
Ministers, heads of
ministerial agencies, heads of governmental agencies, Chairmen of People’s
Committees of provinces and centrally affiliated cities, heads of political,
socio-political organizations and socio-vocational political organizations, and
relevant organizations and individuals shall implement this Decree.
Article 53. Entry into
force18
1. This Decree comes into
force as of March 1, 2013.
2. This Decree replaces
Decree No. 02/2006/ND-CP dated January 5, 2006 of the Government of Vietnam
3. Regarding regulations
of the Government of Vietnam on investment in urban development promulgated
before the effective date of this Decree, if they are different from the
regulations of this Decree, this Decree shall apply./.
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VERIFICATION OF INTEGRATED DOCUMENT
PP. MINISTER
DEPUTY MINISTER
Nguyen Tuong Van
1Decree No. 100/2018/ND-CP dated July 16, 2018 of the
Government of Vietnam, effective as of September 15, 2018, has the following
promulgation grounds:
Pursuant to the Law on
Government Organization of Vietnam dated June 19, 2015;
Pursuant to the Law on
amendments to Article 6 and Appendix 4 on the list of conditional business
lines stipulated in the Law on Investment dated November 22, 2016;
Pursuant to the Law on
Construction dated June 18, 2014;
Pursuant to the Law on
Housing dated November 25, 2014;
Pursuant to the Law on
Real Estate Trading dated November 25, 2014;
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Decree No. 31/2021/ND-CP
dated March 26, 2021 of the Government of Vietnam, effective as of its date of
signing, has the following promulgation grounds:
Pursuant to the Law on
Organization of the Government of Vietnam dated June 19, 2015; the Law on
Amendments to the Law on Organization of the Government of Vietnam and the Law
on Organization of the Local Government of Vietnam dated November 22, 2019;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Enterprises dated June 17, 2020;
At the request of the
Minister of Planning and Investment of Vietnam;
2 This Article is annulled by Clause 4 Article 3 of Decree
No. 100/2018/ND-CP, effective as of September 15, 2018.
3 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
4 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
5 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
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7 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
8 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
9 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
10 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
11 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
12 This Article is amended by Clause 1 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
13 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
14 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
15 This Clause is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
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17 This Article is annulled by Clause 2 Article 111 of Decree
No. 31/2021/ND-CP, effective as of March 26, 2021.
18 Entry into force of Decree No. 100/2018/ND-CP, dated July
16, 2018:
This Decree comes into
force as of September 15, 2018.
Entry into force
of Decree No. 31/2021/ND-CP, dated March 26, 2021:
1. This Decree comes into
force as of its date of signing.
2. The following Decrees
and regulation shall cease to have effect from the effective date of the Law on
Investment:
a) Government’s Decree
No. 118/2015/ND-CP dated November 12, 2015;
b) Government’s Decree
No. 37/2020/ND-CP dated March 30, 2020;
c) Government’s Decree
No. 83/2015/ND-CP dated September 25, 2015;
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dd) Government’s Decree
No. 69/2016/ND-CP dated July 1, 2016;
e) Government’s Decree
No. 79/2016/ND-CP dated July 1, 2016;
g) Article 2 of the
Decree No. 100/2018/ND-CP dated July 16, 2018.