THE
MINISTRY OF CONSTRUCTION - THE MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
30/2009/TTLT-BXD-BKH
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Hanoi,
August 27, 2009
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JOINT CIRCULAR
DETAILING
A NUMBER OF PROVISIONS OF THE GOVERNMENT'S RESOLUTION NO. 33/2008/ NQ-CP OF
DECEMBER 31, 2008, ON THE PILOT APPLICATION OF A NUMBER OF ADMINISTRATIVE
PROCEDURES FOR CONSTRUCTION INVESTMENT IN PROJECTS ON NEW URBAN CENTERS,
RESIDENTIAL AREAS AND TECHNICAL INFRASTRUCTURE IN INDUSTRIAL PARKS
THE MINISTRY OF CONSTRUCTION
- THE MINISTRY OF PLANNING AND INVESTMENT
Pursuant to the Government's
Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 116/2008/ND-CPof November 14, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Planning and Investment;
Pursuant to the Government's Resolution No. 33/2008/NQ-CP of December 31, 2008,
on the pilot application of a number of administrative procedures for
construction investment in projects on new urban centers, residential areas and
technical infrastructure in industrial parks;
The Ministry of Construction and the Ministry of Planning and Investment
jointly detail a number of provisions of the Government's Resolution No.
33/2008/NQ-CP of December 31, 2008, on the pilot application of a number of
administrative procedures for construction investment in projects on new urban
centers, residential areas and technical infrastructure in industrial parks, as
follows:
Chapter I
PROCEDURES FOR ELABORATION,
EVALUATION. APPROVAL AND ADJUSTMENT OF DETAILED CONSTRUCTION PLANS
Article 1. Assignment of
the task of elaborating 1:2,000 scale detailed construction plans to investors
1. For areas without
1:2,000-scale detailed construction plans but state management agencies have
issued documents approving investment projects, clearly indicating the
characteristics, location and scope of the projects, provincial-level People's
Committees may assign investors to elaborate and submit construction plans for
approval under regulations.
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Funds for the elaboration of
detailed construction plans are included in project costs.
3. Documents issued by state
management agencies in charge of construction planning to assign architectural
and planning tasks, contents and norms to investors contain the following
details: characteristics, location and scope of the land plot under planning,
requirements on assuring compatibility between technical and social
infrastructure facilities inside the fence and connection points outside the
fence and requirements on architectural landscape and environmental protection.
For projects on new urban centers and residential areas, it is required to
specify the norm of population in the area under planning. The time limit for
assignment of architectural and planning tasks, contents and norms is 30
working days after the issuance of provincial-level People's Committees’
decisions on the assignment of the task of elaborating 1:2,000-scale
construction plans to investors.
4. Agencies evaluating
1:2,000-scale detailed construction plans shall examine and issue a reply on
the completeness and validity of planning dossiers within 5 working days. In
case of incomplete or invalid dossiers, evaluating agencies shall provide
written guidance for investors to complete their dossiers under regulations.
Planning dossiers may be supplemented and finalized only once. The time for
investors to complete planning dossiers is not included in the period for
evaluation and appraisal of construction plans.
Agencies evaluating
1:2,000-scale detailed construction plans shall gather comments on planning contents
from concerned state management agencies. The time limit for evaluation and
approval of construction plans is 30 working days.
Article 2. Gathering of
comments of concerned agencies upon evaluation of 1:500-scale detailed
construction plans
After examining dossiers of
1:500-scale detailed construction plans of investors, evaluating agencies shall
gather comments on planning contents from concerned state management agencies.
Consulted agencies shall issue a written reply within 15 working days after the
receipt of a written request for their opinions. Past this time limit, if
consulted agencies issue no written reply, they shall be considered having
agreed with the planning contents.
Article 3. Adjustment of
detailed construction plannings
1. In case projects' 1:500-scale
detailed construction plans elaborated by investors are different from approved
1:2.000 detailed construction plans but conformable with current regulations on
construction planning and capable of assuring compatibility of the system of
technical and social infrastructure facilities, landscape and environment,
competent agencies shall consider and approve these proposals for evaluation
and approval. The time limit for approving construction plans is 15 working
days.
2. The documents or decisions
approving l:500-scale detailed construction plans are regarded as documents on
partial adjustment of the approved 1:2,000-scale detailed construction plans.
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INVESTMENT PROCEDURES FOR
DOMESTIC INVESTORS' PROJECTS ON NEW URBAN CENTERS, RESIDENTIAL AREAS AND
TECHNICAL INFRASTRUCTURE IN INDUSTRIAL PARKS
Article 4. Investment
registration procedures for domestic investors' projects on new urban centers,
residential areas and technical infrastructure in industrial parks
Domestic investors having
investment projects on the construction of new urban centers, residential areas
and technical infrastructure in industrial parks, regardless of their
investment capital, shall carry out investment registration procedures under
Clauses 2 and 3, Article 43 of the Government's Decree No. 108/20067ND-CP of
September 22, 2006, detailing and guiding a number of articles of the
Investment Law. They shall use the form of registration provided in Appendix
I-11 to the Planning and Investment Ministry's Decision No. 1088/2006/QD-BKH of
October 19, 2006, promulgating forms of documents on the performance of
investment procedures in Vietnam.
If domestic investors wish to be
granted investment certificates, they shall compile investment registration
dossiers according to the form provided in Appendix 1-1 to Decision No.
1088/2006/QD-BKH. Agencies granting investment certificates shall consider and
settle these cases under Clause 4, Article 43 of Decree No. 108/2006/ND-CP.
Article 5. Investment and
business conditions on domestic investors' projects on new urban centers,
residential areas and technical infrastructure in industrial parks
Domestic investors defined in
Article 4 of this Joint Circular must satisfy investment and business
conditions (if any) prescribed by the law on real estate business, the housing
law and relevant legal documents.
Article 6. Investment
procedures for domestic investors' secondary projects in urban centers and
residential areas
Domestic investors having
secondary projects in urban centers and residential areas are not required to
carry out investment registration procedures and procedures for the grant of
investment certificates but must satisfy investment or business conditions (if
any) prescribed by the law on real estate business, the housing law and other
relevant legal documents.
Chapter III
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Article 7. Effect
This Circular takes effect 45
days from the date of its signing.
Article 8. Implementation
responsibilities
Concerned ministries and
branches and provincial-level People's Committees shall, within the ambit of
their functions and tasks, direct and organize the implementation of this Joint
Circular.
Any problems arising in the
course of implementation should be reported to the Ministry of Construction and
the Ministry of Planning and Investment for consideration and settlement.
FOR
THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Cao Lai Quang
FOR
THE MINISTER OF
PLANNING AND INVESTMENT
DEPUTY MINISTER
Nguyen Bich Dat