Decision No.09/2012/QD-UBND of May 21, 2012, on the management of investment and construction of projects of investment in Hanoi

• Official number: 09/2012/QD-UBND
• Legislation Type: Decision
• Organization: Hanoi city The People's Committee
• Signer: Nguyen The Thao
• Issued Date: 21/05/2012

THE PEOPLE’S COMMITTEE OF HANOI --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 09/2012/QD-UBND	Hanoi, May 21, 2012

DECISION

ON THE MANAGEMENT OF INVESTMENT AND CONSTRUCTION OF PROJECTS OF INVESTMENT IN HANOI

THE PEOPLE’S COMMITTEE OF HANOI

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Law on Construction dated November 26, 2003;

Pursuant to the Law on Land dated November 26, 2003;

Pursuant to the Law on Investment dated November 29, 2005;

Pursuant to the Law on Housing dated November 29, 2005;

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Pursuant to the Law on Real estate trading dated June 29, 2006;

Pursuant to the Law on Urban planning dated June 17, 2009;

Pursuant to the Law on Amendments to the Laws related to investment in fundamental construction dated June 19, 2009;

Pursuant to the Regulation on investment and construction management promulgated together with the Government's Decree No. 52/1999/ND-CP dated July 08, 1999, the Government's Decree No. 12/2000/ND-CP dated May 05, 2000, and the Government's Decree No. 07/2003/ND-CP dated January 30, 2003;

Pursuant to the Government's Decree No. 02/2006/ND-CP dated January 05, 2006 on the promulgation of the Regulation on New urban areas;

Pursuant to the Government's Decree No. 108/2006/ND-CP dated September 29, 2006 elaborating and providing guidance on the implementation of a number of articles of the Law on Investment;

Pursuant to the Government's Decree No. 153/2007/ND-CP dated October 15, 2007 elaborating and providing guidance on the implementation of a number of articles of the Law on Real estate trading;

Pursuant to the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 on management of construction projects; the Government's Decree No. 83/2009/ND-CP dated October 15, 2009 on the amendments to the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 on management of construction projects;

Pursuant to the Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks, economic zones, and export processing zones;

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Pursuant to the Government's Decree No. 69/2009/ND-CP dated August 13, 2009 on additional regulations on land-use planning, land withdrawal, compensation, support, and relocation;

Pursuant to the Government's Decree No. 85/2009/ND-CP dated October 15, 2009 providing guidance on the Law on Tendering and selection of contractors according to the Law on Construction;

Pursuant to the Government's Decree No. 108/2009/ND-CP dated November 27, 2009, the Government's Decree No. 24/2011/ND-CP dated April 05, 2011 on the amendments to the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 on investments under BOT, BTO, and BT contracts;

Pursuant to the Government's Decree No. 102/2009/ND-CP dated November 06, 2009 on management of investment in IT applications funded by government budget;

Pursuant to the Government's Decree No. 112/2009/ND-CP dated December 14, 2009 of construction cost management;

Pursuant to the Government's Decree No. 113/2009/ND-CP dated December 15, 2009 on investment supervision and assessment;

Pursuant to the Government's Decree No. 37/2010/ND-CP dated April 07, 2010 on making, evaluating, approving, and managing urban planning;

Pursuant to the Government's Decree No. 71/2010/ND-CP dated June 23, 2010 detailing and guiding the implementation of the Law on Housing;

Pursuant to the Government's Decree No. 29/2011/ND-CP dated April 18, 2011 on strategic environmental assessment, environmental impact assessment and commitment on environment protection;

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Pursuant to the Prime Minister’s Decision No. 80/2005/QD-TTg dated April 18, 2005 on the promulgation of the Regulation on public investment supervision;

Pursuant to the Prime Minister’s Decision No. 71/2010/QD-TTg dated November 09, 2010 promulgating the experimental regulations on public-private partnerships;

Pursuant to the Circular No. 04/2006/TT-BXD dated August 18, 2006 of the Ministry of Construction providing guidance on the Regulation on New urban areas promulgated together with the Government's Decree No. 02/2006/ND-CP dated January 05, 2006;

Pursuant to the Circular No. 03/2009/TT-BXD dated March 26, 2009, elaborating the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 on management of construction projects;

Pursuant to the Circular No. 03/2009/TT-BKH dated April 16, 2009 of the Ministry of Planning and Investment providing guidance on the selection of investors in the projects that use land;

Pursuant to the Joint Circular No. 30/2009/TTLT-BXD-BKH dated August 27, 2009 of the Ministry of Construction and the Ministry of Planning and Investment, elaborating the Government’s Resolution No. 33/2008/NQ-CP dated December 21, 2009 on some experimental administrative procedures for investment and construction of projects of new urban areas, residential areas, and technical infrastructure of industrial parks;

Pursuant to the Circular No. 13/2010/TT-BKH dated June 02, 2010 of the Ministry of Planning and Investment providing investment supervision and assessment forms;

Pursuant to the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction, elaborating and providing guidance on the implementation of the Government's Decree No. 71/2010/ND-CP, elaborating and guiding the implementation of the Law on Housing;

Pursuant to the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment, providing guidance on the implementation of the Government's Decree No. 108/2009/ND-CP dated November 27, 2009;

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Pursuant to the Circular No. 86/2011/TT-BTC dated June 17, 2011 of the Ministry of Finance on management and payment of invested capital and administrative budget used for investment belonging to government budget;

Pursuant to the Circular No. 166/2011/TT-BTC dated November 17, 2011 of the Ministry of Finance on the management and use of expenses for project preparation and budget of competent authorities during the project management; some financial criteria of project contracts; conditions and methods of payment to investors that execute projects under BT contracts; definitive evaluation of projects that are executed under BOT, BTO, and BT contracts;

Pursuant to the Circular No. 28/2012/TT-BTC dated February 24, 2012 of the Ministry of Finance on management of investments belonging to the budgets of communes, wards, and towns;

At the request of the Director of the Service of Planning and Investment in the Report No. 139/TTr-KH&DT dated March 07, 2012, the Report No. 254/TTr-KH&DT dated April 23, 2012; the Evaluation Report No. 3441/STP-VBPQ dated September 21, 2011, and the Dispatch No. 3963/STP-VBPQ dated November 30 2011 of the Service of Justice,

DECIDES:

Article 1. Promulgating together with this Decision the Regulation on Investment and construction management of the projects in Hanoi.

Article 2. This Decision takes effect after 10 days from the day on which it is signed.

This Decision supersedes the Decision No. 37/2010/QD-UBND dated August 20, 2010 of the People’s Committee of Hanoi on investment and construction management of the projects in Hanoi.

The regulations on investment and construction promulgated by the People’s Committee of Hanoi that are at odds with this Decision are all annulled.

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FOR THE PEOPLE’S COMMITTEE
PRESIDENT




Nguyen The Thao

REGULATION

ON INVESTMENT AND CONSTRUCTION MANAGEMENT OF THE PROJECTS IN HANOI
(Promulgated together with the Decision No. 09/2012/QD-UBND dated May 21, 2012 of the People’s Committee of Hanoi)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

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For the projects funded by the budget under the management of central agencies, the People’s Committee of Hanoi is in charge of planning, land, environment, fundamental design, technical infrastructure, construction quality, and other issues related to such projects in accordance with law.

2. Subjects of application: The organizations and individuals that participate in investment and management of the projects in Hanoi (including domestic projects and projects funded by foreign partners).

Article 2. Project management principles

1. The People’s Committees at all level shall manage the investment and construction of projects in accordance with the decentralization on socio-economic management, investment and construction management of Hanoi.

2. Projects must be managed in accordance with planning and general socio-economic development plans in each period, ensure the efficiency of resources of the State, utilized social investment sources, comply with legislation on investment, construction, and relevant laws; ensure security, safety, social order, and protect the environment.

3. People’s Committees at all levels shall determine the investment policies on the projects funded by the city’s budget when permitting the investment preparation, making investment, and managing the execution of the projects, performing post-build inspection, handing over the projects, putting the projects into operation, and making funding plans.

4. The People’s Committee of Hanoi shall manage the projects funded by other capital than government budget and the projects under contracts by selecting investors for making investment in such projects (for the projects that use land), select investors for negotiate project contracts (for the projects under contracts) and manage their execution in accordance with law.

5. For the projects funded by loan capital guaranteed by competent authorities of Hanoi, loan capital for development of Hanoi, and projects invested by state-capitalized enterprises of Hanoi using the capital for development of such enterprises, fundamental depreciation of enterprises, the People’s Committee of Hanoi shall manage the policies, investment scales, and the execution in accordance with legislation on each kind of capital.

Article 3. Investment management according to planning

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2. For the projects that are not included in the industry planning approved by competent authorities, the investors shall request the managing Ministries or the People’s Committee of Hanoi to consider adjusting the planning, or request the Prime Minister to approve the planning adjustment before setting up the projects.

3. For the projects that are not included in urban planning and construction planning of rural residential areas (hereinafter referred to as construction planning) approved by competent authorities, the investors shall request the authority in charge of construction planning (The Service of Planning and Architecture or the People’s Committee of district) to cooperate with the managing Services and the People’s Committee of Hanoi to approve the locations and construction scales before setting up the projects.

Article 4. Providing information and completing administrative procedures

1. The information about regulations on investment and construction, the mechanisms and policies on investment of Hanoi shall be updated and posted on the web portal of Hanoi, the websites of the Service of Planning and Investment, other Services, and the People’s Committees of districts and towns.

2. People’s Committees at all levels and specialized agencies of Hanoi shall publicly post the administrative procedures at the offices; provide information, guidance, and complete administrative procedures within their competence, ensure conformity with law and punctuality.

a) The Service of Planning and Investment is in charge of providing information and handle enquiries about investment procedure and policies of Hanoi; the information about the list of local projects out to tender, and complete the procedures for investment in Hanoi.

b) The Service of Planning and Architecture shall provide information about construction planning; provide guidance on the places where planning certificates, planning licenses are issued, approve overall floor planning, negotiate agreements on preliminary architecture plans, and evaluate detailed planning at 1/500 ratio.

c) The Service of Construction shall provide guidance and information on the geology at the places where projects are execute, on urban technical infrastructure, polices on economic - technical management, and construction quality management; provide guidance and complete related procedures for fundamental design of civil construction projects, infrastructure projects, and the procedures in this Regulation applicable to new urban area projects and housing development projects.

d) The Service of Agriculture and Rural development shall provide guidance and information about the management of irrigation works, dykes, agricultural works; provide guidance and complete the procedures related to the fundamental design of the projects investment in irrigation works, dykes, and agriculture.

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e) The Service of Natural Resources and Environment shall provide guidance and information about land-use planning, policies on land management, procedures for withdrawing, allocating, and leasing land; environmental impact assessment, mineral and resource extraction; provide guidance and complete the procedures related to land, allocating land, using land; making, verifying, and approving reports on environmental impact assessment.

g) The Service of Finance shall provide guidance, information, and complete the procedures related to the management and use of state-owned property and state capital; financial criteria of project contracts, and other financial issues, according to instructions of the Ministry of Finance, under BOT, BTO, and BT contracts; determine land levies, land rents, and make the final statement of investment.

h) The managing services shall provide guidance, information, and complete relevant procedures within their competence.

i) The People’s Committees of districts and towns shall provide guidance, information, and complete the procedures related to construction planning, issuance of planning certificates and planning licenses as delegated by the State and the People’s Committee of Hanoi; assess land condition, the management and use of land, examine and approve the plans for compensation, support, and relocation; and provide cadastral documents within their districts or towns.

3. Completing administrative procedures:

For the administrative procedures that may be completed by more than one agency, the agency in charge shall seek written opinions form other agencies. The other agencies shall make responses punctually and appropriately. For the contents defined by law, the agency in charge shall not aggregate opinions from relevant agencies and request competent authorities to make decisions.

The agencies fail to respond by the deadline shall be responsible before the law and the People’s Committee of Hanoi for the contents of projects within their competence. The agency in charge may consider that procedure is concurred with and take the next steps.

In exceptional circumstances in which the schedule for commencing the project must be met or the reasons for dissenting opinions among the agency in charge and other agencies must be resolved identified, the agency in charge may hold a meeting with relevant agencies to reach a settlement, or request the People’s Committee of Hanoi to make decision (written opinions are not required).

Article 5. Construction quality management

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2. The management of progress, workload, occupational safety and construction environment shall comply with Article 28, Article 29, Article 30, and Article 31 of the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 on construction project management, current regulations of the Government and Hanoi.

3. Services of Construction shall assist the People’s Committee of Hanoi in the management of quality of constructions in Hanoi. The Services, the People’s Committees of districts, towns, and wards shall organize the implementation of the regulations on construction quality management of the projects under the supervision of Services and the People’s Committees of districts, towns, and wards; provide guidance within their competence, and aggregate the construction quality management.

4. Investors are responsible for the comprehensive management of construction quality in accordance with regulations of the Government and relevant legislative documents on construction quality management. The quality of apartment buildings and detached houses for sale must be inspected and attested before being put into operation in accordance with legislation on construction quality management.

Article 6. Management of plans for making investment from government budget

1. 5-year plans for allocating investments in projects from government budget must be made in accordance with the socio-economic development plans every year.

2. Annual investments in the projects funded by government budget must be allocated in accordance with the Law on State budget, regulations of the Government, and instructions of the Ministry of Planning and Investment and the Ministry of Finance.

3. The conditions and principles for allocating investments from government budget shall comply with the Circular No. 86/2011/TT-BTC dated June 17, 2011 of the Ministry of Finance providing guidance on the management and payment of invested capital and administrative budget used for investment from government budget, the Circular No. 28/2012/TT-BTC dated February 24, 2012 of the Ministry of Finance on the management of invested capital belonging the budgets of communes, wards, and towns, current regulations of the Government and Hanoi.

- The plan for preparing investment: the projects funded by government budget must obtain written permissions for investment preparation granted by competent authorities, according to Article 7 of this Decree; the contracts for investment preparation of the projects under BOT, BTO, and BT contracts must be concluded and executed by agencies delegated by the People’s Committee of Hanoi, according to Article 30 of this Regulation; the experimental PPP projects must have the approved list of projects according to Article 39 of this Regulation.

For the projects funded by administrative budget used for investment, in which the intended investment is below 03 billion VND, shall not obtain the written permissions for investment preparation, the agency in charge shall aggregate the plans for identifying the necessity of investments, the capacity for balancing capital, and request competent authorities to provide annual budget as prescribed.

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4. Aggregating capital allocation plans:

The Service of Planning and Investment is in charge and shall cooperate with the Service of Finance in aggregating the plans for investing in the projects funded by fundamental construction capital from: concentrated budget, collected land levies, central budget, additional government revenues, funds of the cities, investment in target programs and lotteries, then send reports to the People’s Committee of Hanoi.

The Service of Finance is in charge and shall cooperate with the Service of Planning and Investment in aggregating the plans in investing in the projects funded by administrative budget used for investment, budget for planning, and send reports to the People’s Committee of Hanoi.

The Departments of Finance and Planning of districts and towns (hereinafter referred to as districts) shall seek opinions from relevant Departments on the plans for investing in the projects funded by budgets of districts (including plans for preparing investment funded by the supporting fund of the city’s budget, which have been permitted to prepare for investment by the People’s Committee of Hanoi), and send reports to the People’s Committees of districts for consideration and decision.

Specialized departments of the People’s Committees of communes and wards (hereinafter referred to as communes) shall seek opinions from relevant units on the plans for investing in the projects funded by budgets of communes (including plans for preparing investment funded by the supporting fund of district’s budgets, which have been permitted to prepare for investment by the People’s Committees of districts), and send reports to the People’s Committees of communes for consideration and decision.

The agencies in charge shall make reports on the capital plans, including total capital, distribution principles, and list of projects, and send them to cooperating agencies. Within 07 working days, the cooperating agencies shall send respond the agency in charge. The agency in charge shall send a report to the competent authority.

5. Adjusting investment plans:

The investment plans approved by competent authorities shall be adjusted in accordance with law. The deadline for adjusting annual capital plans is December 25 of the year. The agencies in charge of aggregating plans mentioned in Clause 4 of this Article shall send reports and requests to competent authorities for adjustment of plans after obtain the approval from the People’s Councils at the same level.

The People’s Committee of Hanoi shall delegate the Director of the Service of Planning and Investment to decide the adjustment of the structure of capital allocated to the projects funded by the city’s budget by the People’s Committee of Hanoi, as long as the total capital allocated to the projects if not changed.

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PROJECTS FUNDED BY THE CITY’S BUDGET

Article 7. The procedure

1. Preparing investment.

a) Deciding to permit the investment preparation;

b) Setting up the project (feasibility study report);

c) Make, verify, and approve reports on environmental impact assessment (except for the cases in which only the commitment on environment protection is made);

d) Evaluating and approving the project.

2. Making investment.

a) Making, evaluating, and approving the design and budget estimate;

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c) Provide compensation and support for relocation and land clearance (if any);

d) Select contractors;

dd) Building;

3. Finalizing the project and putting the project into operation.

a) Performing post-construction inspection, handing over, putting the project into operation; carrying out maintenance;

b) Making the final statement of investment and approving the final statement.

The projects without construction shall skip the steps in Point c Clause 1, Point a, Point b, Point c and Point dd Clause 2 of this Article.

Article 8. Decision to permit the investment preparation

1. Making, assessing, and permitting investment preparation.

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Based on the 5-year socio-economic development plans and necessity of the investment, the Services, the Departments of Finance and Planning, specialized departments, and construction user shall submit projects to the People’s Committees at the same level for considering, deciding to permit the investment preparation, and identifying investors in such projects (according to Clause 2 of this Article). For the projects funded by administrative budget, in which the intended investment is below 03 billion VND, the permission for investment preparation is exempt. The projects of compensation, support, and relocation - land clearance according to construction planning shall comply with Clause 3 of this Article.

The application for the permission for investment preparation includes:

- The written request for the permission for investment preparation (Form 1 in the Appendix to this Regulation);

- The name of the project, the name of the managing authority, investment purposes, the necessity of the investment, the investor, the location (detailed description of the location); the conformity with socio-economic development plans; investment targets, intended investment scale, investment method, total capital and capital sources (including estimated cost of compensation, support, and relocation - if any), duration, investment preparation (budget, capital sources, and time of completion);

- Relevant documents about industrial planning and construction planning.

b) Examining the application for the permission for investment preparation:

Examining agency: the Service of Planning and Investment, the Department of Finance and Planning, specialized departments shall examine the applications and request the President of the People’s Committee at the same level to consider permitting the investment preparation.

The examination shall deal with: the necessity and investment purposes, the conformity with the socio-economic development plans, the investment scale, investment method, the preliminary total investment, capital sources, capacity for balancing capital, and project duration; the investment preparation (budget, capital sources, and completion time); and the investor.

Examination duration: 14 working days.

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Presidents of the People’s Committees at all levels shall permit investment preparation according to the decentralization of socio-economic management, revenues, expenditures, and permit the investment preparation for the projects requested by inferior the People’s Committees (if any).

The Decision to permit investment preparation (Form 2 in the Appendix to this Regulation) shall specify: the name of the project, the investor, location, investment purposes, investment scale, investment methods, intended total investment, capital sources, project duration, detailed preparation (budget, capital sources, and completion time).

Examination duration: 06 working days.

2. Identifying the investor:

a) The investor in the projects approved by the Prime Minister is the People’s Committee of Hanoi. the People’s Committee of Hanoi shall delegate Services or capable project management boards to undertake part of the tasks and entitlements of the investors in accordance with regulations of the Government.

b) The investors in the projects approved by the President of the People’s Committees are the units that directly manage and use the constructions after investment. The investors being public service providers that directly manage and use the constructions after investment, which are not specialized in construction, shall make economic - technical reports.

In case the unit the directly manages and use the constructions after investment is not identifiable or the unit the directly manages and use the constructions after investment is incapable of taking on the investor’s role:

- For the projects in which the investment is decided by the President of the People’s Committee of Hanoi: the Services in charge of specialized constructions, the People’s Committees of districts or project management boards affiliated to the People’s Committee of Hanoi shall be appointed as investors in the projects in class A, the Services and agencies not in charge of specialized construction shall be appointed as investors in projects in class B.

- For the projects in which the investment is decided by the President of the People’s Committee of districts: the People’s Committees of districts may be the investors, or may appoint capable project management boards or affiliated land development centers as investors;

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In the cases mentioned above, the appointed investors may request the units that manage and use the constructions after investment to appoint capable personnel to cooperate with the investors in setting up projects, designing, supervising, managing, performing post-construction inspection, and putting the constructions into operation.

3. In cases that need to provide compensation, support, and relocation - land clearance to execute projects in accordance with construction planning:

a) The Services, agencies, the People’s Committees of districts, or the assigned units shall make plans for compensation, support, and relocation according to planning, and send them to competent authorities for approval.

The plan includes:

- The written request for the approval for plan for compensation, support, and relocation (Form 3 in the Appendix to this Regulation);

- A description of: the project name, location (condition of the location), the unit in charge of compensation, support, and relocation, necessity and purposes of compensation, support, and relocation, the conformity with socio-economic development plan; estimated cost of compensation, support, and relocation, and completion time;

- Relevant documents about industrial planning and construction planning.

b) The Service of Planning and Investment shall examine the plans and request the People’s Committee of Hanoi to approve the plan for compensation, support, and relocation of the projects in which the investment is decided by the President of the People’s Committee of Hanoi. The Departments of Finance and Planning shall examine the plans and request Presidents of the People’s Committees of districts to approve the plans for compensation, support, and relocation of the projects in which the investment is decided by Presidents of the People’s Committees of districts (according to the decentralization of socio-economic management in the Decision No. o11/2011/QD-UBND dated March 02, 2011 of the People’s Committee of Hanoi).

The examination shall deal with: the necessity and purposes of compensation, support, and relocation, the conformity with socio-economic development plan and detailed construction planning approved by competent authorities; estimated cost of compensation, support, and relocation; capital sources, capacity for balancing, and completion time;

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c) The President of the People’s Committee of Hanoi or Presidents of the People’s Committees of districts (for the projects in which the investment is decided by the People’s Committees of districts) shall approve the plans for compensation, support, and relocation in accordance with approved construction planning.

The Decision to approve the plan for compensation, support, and relocation shall specify: the project name, implementing unit, location, purposes of compensation, support, and relocation, estimated cost of compensation, support, and relocation, capital sources and completion time (Form 4 in the Appendix to this Regulation);

Examination duration: 06 working days.

Article 9. Setting up projects

1. A project (including construction projects, economic-technical reports, feasibility study reports, and investment reports of projects without construction) shall only be set up and submitted after permission for investment preparation is given by a competent authority.

2. Contents of a project:

a) The contents of a project without construction are specified in the Regulation on investment and construction management promulgated together with the Government's Decree No. 52/1999/ND-CP dated July 08, 1999, the Government's Decree No. 12/2000/ND-CP dated May 05, 2000, the Government's Decree No. 07/2003/ND-CPdated January 30, 2003, and current regulations of the State and Hanoi’s government.

b) The contents of a project that involve construction are specified in the Government's Decree No. 12/2009/ND-CP dated February 12, 2009, the Government's Decree No. 83/2009/ND-CP dated October 15, 2009 on the amendments to the Government's Decree No. 12/2009/ND-CP on management of construction projects, the Government's Decree No. 112/2009/ND-CP dated December 14, 2009 on the management of construction cost, current regulations of the State and Hanoi’s government.

c) The contents of a housing development project are specified in the Government's Decree No. 71/2010/ND-CP, elaborating and guiding the implementation of the Law on Housing.

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Article 10. Examining and approving the report on environmental impact assessment or commitment on environment protection

1. Investors shall make reports on environmental impact assessment and submit them to competent authorities for evaluation and approval, or make commitments on environment protection in accordance with the Government's Decree No. 29/2011/ND-CP dated April 18, 2011 on strategic environmental assessment, environmental impact assessment, and commitment on environment protection.

b) Investors in the construction projects that are exempt from applying for licenses for construction (according to Article 19 of the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 on management of construction projects, and Article 4 of the Circular No. 03/2009/TT-BXD dated March 26, 2009 of the Ministry of Construction) must submit reports on environmental impact assessment before deciding to make investment, or the commitments on environment protection before making investment. The decision to approve the report on environmental impact assessment is the basis for approving the project.

b) Investors in the projects that have construction items, the licenses for construction of which are compulsory, shall submit reports on environmental impact assessment or commitments on environment protection before requesting competent authorities to issue or adjust the licenses for construction. The decision to approve the report on environmental impact assessment is the basis for issuing or adjusting the license for construction.

2. The Service of Natural Resources and Environment shall applications for evaluation and approval for reports on environmental impact assessment within the competence of the People’s Committee of Hanoi. The People’s Committees of districts or the People’s Committees of communes are delegated to receive applications and issue certificates of commitment on environment protection.

Article 11. Evaluating projects

1. Evaluating authorities:

a) The Service of Planning and Investment shall carry out evaluation and request the President of the People’s Committee of Hanoi to approve the projects in which the investment is decided the People’s Committee of Hanoi. The Service of Construction shall evaluate housing development projects (including student housing).

b) The Services delegated by the President of the People’s Committee of Hanoi to decide investments shall appoint an affiliated unit to carry out evaluation.

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d) Specialized departments affiliated to the People’s Committees of communes shall evaluate the projects in which the investment is decided by Presidents of the People’s Committees of communes.

2. Carrying out evaluation:

a) Within 03 working days from the day on which valid documents are received, the evaluating authority shall obtain opinions from relevant agencies (including the agencies that evaluate capital sources, the ability to balance capital, and the agencies that evaluate the fundamental design of the project). The evaluating authorities may hire other units to evaluate part or the whole project if necessary.

b) Services, agencies, the People’s Committees of districts, and relevant agencies shall evaluate the contents under their management at the request of the evaluating authorities.

c) Evaluating capital sources and the ability to balance capital of projects.

The Service of Planning and Investment (for the projects funded by the city’s concentrated budget), the Service of Finance (for the projects funded by the city’s administrative budget, the Department of Finance and Planning, specialized departments affiliated to the People’s Committees of communes shall evaluate capital sources and the ability to balance capital under the management of the People’s Committees to ensure that the projects in class B are finished within 05 years, and projects in class C are finished within 03 years (including the projects funded by capital for inferior budgets).

The Service of Planning and Investment shall make reports on the evaluation of the projects funded by the central budget or capital from Government bonds, in which the investment is decided by the People’s Committee of Hanoi. The People’s Committee of Hanoi shall send such reports to the Ministry of Planning and Investment and the Ministry of Finance for evaluation before making investment. The period during which the report is evaluated by the Ministry of Planning and Investment and the Ministry of Finance is not included in the evaluation period in Clause 3 of this Article.

The procedures for evaluating capital sources and the ability to balance capital are specified in the document No. 7536/BKHDT-TH dated October 28, 2011 of the Ministry of Planning and Investment providing guidance on the implementation of the Prime Minister’s Directive No. 1792/CT-TTg dated October 15, 2011 on enhancing management of investments from government budget and capital Government bonds, and regulations of the People’s Committee of Hanoi.

d) Evaluation of the fundamental design of constructions and preliminary designs of projects that apply information technology.

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If a project involves multiple constructions in various fields, the relevant Services in charge of specialized constructions shall send written evaluations of the fundamental designs to the evaluating authority. The Service in charge of evaluating the fundamental design shall aggregate the evaluations of fundamental design and send them to the evaluating authority.

The evaluating authority shall obtain opinions from the Ministries in charge of specialized constructions on the fundamental design of the projects in class A, and from the Ministry of Information and Communications on the preliminary design of projects that apply information technology, or hire advisory organizations to verify the total investment of the project as the basis for requesting competent authorities to give approval.

d) The time limits for evaluating the fundamental design (from the day on which sufficient documents are received):

Economic-technical reports: within 10 working days.

Projects in class C: within 10 working days.

Projects in class B: within 15 working days.

Projects in class A and housing development projects: within 20 working days.

e) The investor shall evaluate the construction drawing and construction estimate in the economic-technical report before requesting competent authorities to give approval. If necessary, the investor may hire an advisory organization to carry out the evaluation as the basis for evaluating the construction drawing and construction estimate.

g) The evaluating authority shall aggregate opinions from relevant agencies, make a report on the evaluation result of the project, and request competent authorities to decide the investment. If the project is not satisfactory, the evaluating authority shall send a written report on the evaluation result.

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Economic-technical reports (investment reports of projects without construction): within 15 working days.

Projects in class C: within 20 working days.

Projects in class B: within 30 working days.

Projects in class A and housing development projects: within 40 working days.

Article 12. Approving projects

1. Decentralization and delegation of the power to decide the investment (approve projects)

a) For construction projects:

- Presidents of the People’s Committees shall decide the investment in projects in class A, B, C within the local budget that has been approved by the People’s Council at the same level.

- For the projects funded by superior budgets: Presidents of the People’s Committees of districts shall decide the investment in projects up to class C; Presidents of the People’s Committees of communes shall decide the investment in the constructions that only require the economic-technical reports, which are funded by superior budgets.

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Directors of the Service of Construction, the Service of Transport, the Service of Industry and Trade, the Service of Agriculture and Rural development shall decide the investment in the projects up to class C that are under their management or invested by their affiliated units.

Directors of other Services shall decide the investments in the constructions that only require the economic-technical reports and are invested by the Services or their affiliated units.

The Director of the Service of Planning and Investment shall decide the investment in the projects in class C apart from the projects delegated to other Services.

- The President of the People’s Committee of Hanoi shall delegate Presidents of the People’s Committees of districts to decide the investment in the housing development projects of which the capital is below 30 billion VND, not including land levies.

b) For projects without construction (according to the Regulation on investment and construction management promulgated together with the Government's Decree No. 52/1999/ND-CP dated July 08, 1999, the Government's Decree No. 12/2000/ND-CP dated May 05, 2000, the Government's Decree No. 07/2003/ND-CPdated January 30, 2003) projects that apply information technology (according to the Government's Decree No. 102/2009/ND-CP dated November 06, 2009 on management of investment in IT application):

- Presidents of the People’s Committees of districts shall decide the investment in the projects up to class C funded by the city’s budget, which are invested by the People’s Committees of districts and their affiliated units.

- Presidents of the People’s Committees of communes shall decide the investment in the projects within their budget (including supplementation from superior budgets), of which the invested capital is up to one billion VND (for projects without construction) or three billion VND (for projects that apply information technology).

- The President of the People’s Committee of Hanoi shall delegate the power to decide the investment in the projects within the competence of the President of the People’s Committee of Hanoi;

Directors of Services shall decide the investment in the projects up to class C, which are invested by Services and their affiliated units;

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2. The time limit for competent authorities to consider approving (from the day on which the evaluation report is received) is 6 working days. This period may be extended in exceptional circumstances, but shall not exceed 12 working days.

3. Adjusting projects:

a) Projects shall be adjusted in accordance with legislation on investment and construction. The adjustment must be conformable with regulations of the State and the city’s government on supervising and assessing investments.

b) The adjustments must be evaluated and approved. The evaluating authorities that are entitled to decide the adjustments shall evaluate the adjustments of projects. The evaluating authority may seek opinions from relevant agencies where necessary.

c) If the adjustment makes the total investment exceeds the level delegated, the delegated authority shall send reports to a competent person before approving the adjustment. The Service of Planning and Investment (or the Service of Construction - for housing development projects) shall request the President of the People’s Committee of Hanoi to consider approving the adjustments of the projects, in which the investment is decided by the President of the People’s Committee of Hanoi, within 15 working days from the day on which the written requests made by the agencies that decide the investment and documents on the adjustments of investors are received.

d) The time limit for evaluating adjustments is similar to that in Article 11 of this Regulation.

Article 13. Making investment

1. Evaluating, approving construction design and estimates:

Investors shall evaluate and approve the technical designs, construction drawings, estimates, and total estimates of the constructions that must set up projects according to Article 17 of the Government's Decree No. 12/2009/ND-CP dated February 12, 2009, and send the decisions on approval to the People’s Committee of Hanoi, the Service of Planning and Investment, and the Service in charge of specialized constructions (which evaluates the fundamental design) within 07 working days from the approval date.

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The procedures for withdrawing land, allocating land, providing compensation and support for relocation to serve the execution of construction projects are specified in the Law on Land, the Government's Decrees providing guidance on the implementation of the Law on Land, the Decision No. 108/2009/QD-UBND dated September 29, 2009 of the People’s Committee of Hanoi on compensation, support, and relocation when the State withdraws land in Hanoi; the Decision No. 02/2010/QD-UBND dated January 18, 2010 and Decision No. 48/2011/QD-UBND dated December 26, 2011 of the People’s Committee of Hanoi on withdrawing land, allocating land, leasing land, converting land-use purposes to serve the execution of projects and build rural houses in rural residential areas in Hanoi, relevant regulations of the State and Hanoi’s government.

3. Tendering:

a) Tenders shall be invited in accordance with the Law on Investment, the Law on Construction, the Laws on the amendments to the Laws related to investment in fundamental construction, the Law on Thrift practice, and guiding Decrees. The invitation to tender shall be examined and posted in accordance with the Government's Decree No. 85/2009/ND-CP dated October 15, 2009 providing guidance on the implementation of the Law on Tendering and selection of building contractors in accordance with the Law on Construction and guiding documents.

The projects funded by government budget shall be put out to tender after the tendering plan, the invitation to tender are approved by competent authorities, and capital is provided. Written approval of the person entitled to decide investment is required in special cases.

b) The Service of Planning and Investment shall assist the People’s Committee of Hanoi in state management of tendering, provide guidance, carry out inspections, and aggregate reports on tendering for projects funded by local governments’ budget in Hanoi.

The Service of Planning and Investment shall approve the plan for inviting tenders for the projects delegated to the Service of Planning and Investment; receive, examine the bid packages of the projects approved by the People’s Committee of Hanoi.

c) Other Services and agencies of Hanoi shall approve the plans for inviting tenders for the projects delegated to them.

d) The People’s Committees of districts and the People’s Committees of communes shall approve the plans for inviting tenders for the projects within their competence and the projects delegated to them. The Departments of Finance and Planning of the People’s Committees of districts and specialized departments of the People’s Committees of communes shall evaluate the tendering plans and request the People’s Committees at the same level to give approval.

dd) For the bid packages of counseling services provided before the investment is decided, investors shall assign their affiliated units to evaluate and approve the tendering plan.

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A tendering plan shall be evaluated within 20 working days from the day on which adequate valid documents are received.

A tendering plan shall be approved within 10 working days from the day on which the evaluation report is received.

g) Services, agencies, the People’s Committees of districts and the People’s Committees of communes are totally responsible for the tendering and shall send periodic reports on tendering (biannually, annually) to the Service of Planning and Investment in accordance with legislation on tendering. The Service of Planning and Investment shall aggregate those reports and send a report to the People’s Committee of Hanoi.

4. Issuing licenses for construction:

The construction projects that must obtain licenses for construction, according to Article 19 of the Government's Decree No. 12/2009/ND-CP dated February 12, 2009, must obtain the licenses for construction before the building is commenced.

The procedure for issuing the license for construction is specified in the Decision No. 04/2010/QD-UBND dated January 20, 2010 on the issuance of licenses for construction and management of constructions in Hanoi.

5. Constructing:

Based on the decision to approve the project, the investor shall commence the construction in accordance with legislation on investment and construction, ensure the progress, quality, occupational safety, environmental safety, and avoid wastage of capital.

6. The management and payment of capital for projects funded by government budget shall comply with the Government's Decree No. 86/2011/TT-BTC dated June 17, 2011 and the Circular No. 28/2012/TT-BTC dated February 24, 2010 of the Ministry of Finance.

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1. Performing post-construction inspections, handing over projects, putting projects into operation, providing warranty and maintenance:

Before being put into operation, the projects must undergo post-construction inspection and be handed over in accordance with law. The construction quality management, post-construction inspection, commencement of operation, warranty, and maintenance of projects that involve construction must comply with the Law on Construction, the Government's Decrees, and instructions of competent authorities.

2. Finale statement of investment:

a) Final statements of investment in the projects funded by the State shall be made when the project is finished in accordance with the Government’s regulations, the Circular No. 19/2011/TT-BTC dated February 14, 2011 of the Ministry of Finance on final statements of investment in finished projects funded by the State, the Circular No. 28/2012/TT-BTC dated February 24, 2010 of the Ministry of Finance on the management of investments which belong to the budgets of communes, wards, and towns, and the Decision No. 101/2009/QD-UBND dated September 23, 2009 of the People’s Committee of Hanoi on responsibility for making the final statement of investment in fundamental construction and accounts at the State Treasuries of Hanoi, applicable to the projects funded by the city’s budget.

b) Investors make final statements of investment in finished projects and submit them to competent persons for approval within 12 months - for projects of national importance and projects in class A, or 9 months - for projects in class B, or 6 months - for projects in class C, from the day on which the constructions are finished and put into operation. After 06 months from the day on which the decision to approve the final statement is made, the investor shall settle the debts and accounts of the projects.

c) The Service of Finance shall carry out inspection and request the People’s Committee of Hanoi to approve the final statements of investment in projects in class A; inspect and approve the final statements of investment in projects in class B and class C that are within the competence of the People’s Committee of Hanoi (including the projects in which the investment is delegated to Services).

c) The Departments of Finance and Planning affiliated to the People’s Committees of districts shall carry out inspection and request the People’s Committees of districts to approve the final statements of investment in the projects decided by the People’s Committees of districts.

The People’s Committees of communes shall approve the final statements of investment in the projects decided by the People’s Committees of communes after reports on inspection of the final statements are made by the Departments of Finance and Planning of the People’s Committees of districts.

Chapter 3.

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Article 15. The procedure

1. Determining investors in the projects that use land:

a) Making, approving, and announcing the list of projects that use land put out to tender (in order to select investors);

b) Select investors in the projects that use land.

2. Preparing investment:

a) Setting up the project;

b) Registering/issuing the certificate of investment;

c) Approving the investment in housing development projects (for housing development projects);

d) Evaluating and approving the project (permitting the investment in new urban area projects).

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a) Evaluating, and approving the design and budget estimate.

b) Making, verifying, and approving reports on environmental impact assessment or making the commitment on environment protection;

c) Allocating and leasing out lands to execute the project.

c) Provide compensation and support for relocation and land clearance;

dd) Issuing the license for construction;

e) Select contractors to execute the project;

f) Building;

4. Performing post-construction inspection, handing over, putting the project into operation; providing warranty and maintenance;

The projects without construction shall only follow the steps in Point a, Point b, and Point d Clause 2, Point e Clause 3 and Clause 4 of this Article.

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1. The list of projects that use land shall be made, approved, and publicly put out to tender, according to the Circular No. 03/2009/TT-BKH dated April 16, 2009 of the Ministry of Planning and Investment providing guidance on the selection of investors in the projects that use land, and this Regulation.

2. Every 6 months, Services, agencies, local governments of districts shall send the list of suggested projects put out to tender to the Service of Planning and Investment based on the 5-year socio-economic development plans, construction planning, urban planning, industry planning, and 5-year land-use planning approved by competent authorities.

The description of the suggested project shall specify: the project name, location, land area, purposes and scale of investment, and requirements of the project according to relevant laws, total estimated investment, and project duration. The suggested projects must:

a) Have definite locations, boundaries, areas, and construction planning criteria: density, number of floors, land-use coefficient based on zoning (or construction planning for rural residential area at 1/2000 ratio) approved by competent authorities; if zoning (or construction planning for rural residential area at 1/2000 ratio) is not available, the location and scale must be accepted by the authority entitled to approve planning;

b) Be conformable with socio-economic development planning, industry planning, 5-year land-use planning, and planning for the use of minerals and other resources. If the projects do not exist in the industry planning or the industry planning has not been approved by competent authorities, applications for the adjustment of such planning must be submitted to competent authorities and granted by competent authorities.

3. The Service of Planning and Investment shall cooperate with the Service of Planning and Architecture, the Service of Natural Resources and Environment, the Service of Finance, other managing Services, and the People’s Committees of districts in reviewing and compiling the list of projects that meet the conditions in Clause 2 of this Article, and request the People’s Committee of Hanoi to approve the list of projects put out to tender.

4. Within 10 days from the day on which the approval is given by the People’s Committee of Hanoi, the Service of Planning and Investment shall post the list of projects put out to tender on 3 consecutive issues of the Vietnam Public Procurement Review Journal and the web portals of the People’s Committee of Hanoi (www.hanoi.gov.vn) and the Service of Planning and Investment (www.hapi.gov.vn).

5. Investors shall submit tenders within 30 days from the last day the list is posted on Vietnam Public Procurement Review Journal. After 30 days from the last day the list is posted on the Vietnam Public Procurement Review Journal, the projects are not tendered by any investor shall be still put out to tender on the web portals of the People’s Committee of and the Service of Planning and Investment until the People’s Committee of Hanoi approves the list of projects put out to tender in the next period. Every interested investor shall send a dossier, enclosed with the Certificate of Business registration or an equivalent paper, and a report on its financial capacity, including: the financial statement of the enterprise (made by the investor), the list of projects they are executing together with information about the commencement and completion time, invested capital (specifying the capital invested in such projects by the investor and other capital sources), and relevant legal documents of each project.

6. After the Service of Planning and Architecture (or the People’s Committee of the district) introduces the suitable location to execute the project, which is conformable with the overall urban planning and zoning (or the planning for rural residential areas at 1/2000 ratio), if the investor wishes suggest a project that use land outside the list of projects put out to tender, the investor shall make and send a written suggestion to the Service of Planning and Investment in accordance with Clause 2 of this Article. The Service of Planning and Investment shall request the People’s Committee of Hanoi to consider putting the project on the list of projects put out to tender, and make an announcement as prescribed in Clause 3, Clause 4, and Clause 5 of this Article. If the projects suggested by the investor are eligible for investor appointment according to Point b Clause 1 Article 17 of this Regulation, the investor shall make an application for appointment of contractors in accordance with Article 19 of this Regulation.

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1. The People’s Committee of Hanoi shall unify the selection of investors in the projects that use land in Hanoi through tendering and appointment of contractors.

a) Tenders for investment in the projects on the posted list shall be invited if at least two investors submit tenders or another investor submit a tender for the project suggested by the investor within 30 days from the last day the list is posted on the Vietnam Public Procurement Review Journal.

b) Investors shall be appointed in the cases below:

- The project put out to tender has been posted is tendered by only one investor after 30 days from the last day the list is posted on the Vietnam Public Procurement Review Journal, or the project suggested by the investor is not tendered by other investors, according to Clause 6 Article 16 of this Regulation; the projects in the list, which are tendered by investors, have the deadline tendering in Clause 5 Article 16 of this Decree extended;

- The project suggested by the investor is not in the list of projects put out to tender in Clause 16 of this Regulation and fall into one of the cases below:

The project is located on the land that is lawfully managed and used of the investor according to legislation on land;

The new urban area project must be quickly executed to meet the demand for housing development of the city according to the Circular No. 04/2006/TT-BXD dated August 18, 2006 of the Ministry of Construction providing guidance on the Regulation on New urban areas, promulgated together with the Government's Decree No. 02/2006/ND-CP dated January 05, 2006;

The housing development projects that must be executed by the investors mentioned in Article 32, Article 33, and Article 73 of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010;

The project must be quickly executed to meet the schedule and targets of the key socio-economic programs of the city, according to Resolutions of the People’s Council of Hanoi. The project introduces new ideas or apply high technologies that the appointment of investors is expected to achieve higher efficiency, shall be considered by competent authorities in accordance with law.

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2. The cases in which projects are not put out to tender in this Regulation:

a) The land use right is up for auction according to law and the Decision No. 29/2011/QD-UBND dated September 14, 2011 of the People’s Committee of Hanoi;

b) The investors in new urban area projects, housing development projects, projects of infrastructure of industrial parks, industrial complexes or trade villages select secondary investors (level 2) in accordance with law.

Article 18. Inviting tenders for investment in projects that use land

1. The principles and procedure for inviting tenders for investment in projects that use land shall comply with the Circular No. 03/2009/TT-BKH dated April 16, 2009 of the Ministry of Planning and Investment, providing guidance on selecting investors in projects that use land; the Circular No. 16/2010/TT-BXD dated September 01, 2010 of the Ministry of Construction, providing guidance on the implementation of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010 elaborating and providing guidance on the implementation of the Law on Housing (for housing development projects), relevant laws, and this Regulation. The negotiation and conclusion of contracts to invest in projects shall be specified by the People’s Committee of Hanoi after having the instructions of the Ministry of Planning and Investment.

2. The People’s Committee of Hanoi shall delegate the Services of Construction to invite tenders for new urban areas projects and housing development projects in Vietnam; the People’s Committees of districts shall invite tenders for the domestic projects according to the decentralization in the Decision No. 11/2011/QD-UBND dated March 02, 2011 of the People’s Committee of Hanoi; management boards of industrial parks and export processing zones shall invite tenders for development of infrastructure in industrial parks, export processing zones, and hi-tech zones (applicable to domestic projects and projects funded by foreign partners); the Service of Planning and Investment (Investment Promotion Center) shall invite tenders for projects funded by foreign partners and other domestic projects. In exceptional circumstances, the People’s Committee of Hanoi shall appoint the agencies that invite tenders when approving the list of projects that need investors.

3. Conditions for inviting tenders for investment in projects:

a) The project is on the list of project put out to tender compiled by the People’s Committee of Hanoi;

b) A plan for tendering, the invitation to tender, and a plan for compensation, land clearance, and relocation (if the land put out to tender is not cleared) are approved.

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a) Making and submitting the plan for investor selection (including the project name, the method of selecting investors, method of tendering, time of tendering, and other necessary information);

b) Preparing to select investors:

- Establish a tendering council;

- Make and submit the plan for compensation, land clearance, and relocation (if any);

- Impose the price floor in the invitation to tender;

- Make, evaluate, and approve invitation to tender (according to the Circular No. 03/2009/TT-BKH dated April 16, 2009 of the Ministry of Planning and Investment and the laws related to the field in which investment is made).

c) Organizing the investor selection: announce the tendering, issue the invitation to tender, and evaluate tenders.

d) Verifying and approving the result of investor selection.

dd) Announce the result of investor selection.

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a) The power to evaluate and approve:

- The inviting party shall verify and approve the estimated cost of tendering; examine and approve the invitation to tender;

- The Service of Construction, when being assigned to invite tenders by the People’s Committee of Hanoi, shall carry out evaluation and request the People’s Committee of Hanoi to approve the plan and result of tendering for housing development projects and new urban area projects;

- The Service of Planning and Investment, when being assigned to invite tenders by the People’s Committee of Hanoi, shall carry out evaluation and request the People’s Committee of Hanoi to approve the plan and result of tendering for other projects than housing development projects and new urban area projects.

d) The written approval for the result of investor selection shall specify:

- The project name;

- The location and land area of the project;

- Purposes of the project;

- The name of the selected investor;

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- Technical standards of the project; the cost of compensation, support, and relocation determined by the investor in the tender, and the unconditional support for the budget committed by the investor (if any).

- The method and duration of using land, the basis for determine the land levy payable to government budget during the period over which land is allocated or rent (including investment in infrastructure - if any); the method for identifying the financial obligation to land of the selected investor if the land-use coefficient or construction area in the land-use planning is increased after the investor is selected.

- The deadline for fulfilling the financial obligation related to land allocation or land lease; the fulfillment of commitment to support the budget of the investor;

- The responsibility to provide advance funding for the Land Development Center to provide compensation and support land clearance on schedule;

- Schedule for the project: commencement time and completion time;

- Other information, if any.

c) The written approval for the result of investor selection is valid for 12 months (or 18 months - for new urban area projects) from the day on which it is signed. During that period, the investor shall complete the procedure for registering/issuing the certificate of investment in the project or the decision to approve the project (if the project is exempt from obtaining the certificate of investment), or the decision to approve the housing development project, or the decision to permit the investment (for new urban area projects). The investor that fails to complete the aforesaid procedure by the deadline shall submit a written explanation to the agency that verifies the tendering result. The agency shall request the People’s Committee of Hanoi to consider extending the deadline. The duration of the extension shall not exceed 06 months.

6. The time to organize investor selection:

a) The time to issue the invitation to tender, prepare tenders, validity period of tenders, the period of evaluating tenders, the period of evaluating and approving the invitation to tender and the result of investor selection are specified in the Circular No. 03/2009/TT-BKH dated April 2009 of the Ministry of Planning and Investment.

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Article 19. Investor appointment

1. Every investor eligible for appointment, according to Point b Clause 1 Article 17 of this Regulation, shall compile 08 applications (01 original and 09 replicas) for investor appointment, including:

a) The written request for investor appointment.

b) A copy of the certificate of business registration, decision on establishment, or an equivalent paper (if any).

c) The economic - technical recommendations on: the project name, investor, location, purposes of investment, estimated investment scale, estimated construction scale (area, number of floors, total floor area) according to the suggested detailed planning at 1/500 ratio, the demand for land, estimated total investment and investment sources (specifying the capital invested in the project by the investor), the schedule for the project (schedule for investment and schedule for construction), the plan for compensation, support, and relocation, and socio-economic efficiency of the project).

d) The report on financial capacity, including:

- The latest annual financial statement audited by an independent audit organization. If the investor is a new enterprise, a financial statement audited by an independent audit organization must be submitted before the appointment.

- The documents of the organizations that make capital contributions or give loans to make investment, or the documents that prove the mobilized capital invested in the project;

- A affirmation that the investor does face bankruptcy, does not have the financial condition considered unhealthy by competent authorities, and does not incur penalties.

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e) Documents related to land and planning: the diagram showing the construction location, the legal documents related to the management and use of land (documents issued by competent authorities on rearranging and delegating state-owned offices and factories to other organizations, according to the Prime Minister’s Decision No. 09/2007/QD-TTg dated January 19, 2007 and Decision No. 140/2008/QD-TTg dated October 21, 2008 or rearranging and disposing state-owned real estate); the information about land and construction planning provided by competent authorities; other information and suggestions provided by the investor (if any).

2. Receiving and examining the application for investor appointment:

a) The Service of Planning and Investment shall receive the application and seek opinions from the Service of Natural Resources and Environment, the Service of Finance, the Service of Planning and Architecture, other relevant Services, the People’s Committees of the district, then request the People’s Committee of Hanoi to appoint or to request the Prime Minister to appoint the investor.

If the conditions for being appointed are not met, the Service of Planning and Investment shall provide the explanation for the investor in writing.

b) The examination shall deal with:

- The legitimacy of the investor;

- The land management and feasibility of compensation, support, and relocation;

- The conformity of the project with the construction planning and industry planning approved by competent authorities;

- The financial capacity to the investor: the capital invested in the project by the investor must not fall below 15% of investment in the project which uses fewer than 20 hectares of land, and must not fall below 20% of the total investment in the project which use more than 20 hectares of land; the capital of the investor must be sufficient for all projects that the investor is executing when the project dossier is submitted; the ability to mobilize capital and resources for executing the project on schedule;

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- The conformity of the project with law.

c) Duration of examination: 25 working days from the day on which the valid dossier is received, including 15 working days for Services and agencies to provide opinions.

3. Approving the result of investor appointment:

The People’s Committee of Hanoi shall consider and appoint the investor in writing. For the projects associated with conversion of land-use purposes, the People’s Committee of Hanoi shall consider approving the policies on conversing land-use purposes, and approve the appointment of investor in the project.

The contents of the written investor appointment are similar to the contents specified in Point b Clause 5 Article 18; the validity of the written investor appointment is specified in Point c Clause 4 Article 18 of this Decree.

Examination duration: 6 working days from the day on which the report made by the Service of Planning and Investment is received.

Article 20. Investment registration, verification, and issuance of the certificate of investment

1. The procedure for investment registration, verification, issuance, and adjustment of the certificate of investment shall comply with the Law on Investment, the Government's Decree No. 108/2006/ND-CP providing guidance on the implementation of the Law on Investment, regulations and instructions of the Government. The places where investment and certificate of investment in projects that use land are registered shall comply with current law and this Regulation.

2. The procedure for investment registration, verification, issuance, and adjustment of the certificates of investment in new urban areas, housing areas, infrastructure of industrial parks in Vietnam shall comply with the Government’s Resolution No. 33/2008/NQ-CP dated December 21, 2008, the Joint Circular No. 30/2009/TTLT-BXD-BKH dated August 27, 2009 of the Ministry of Construction and the Ministry of Planning and Investment, elaborating the Government’s Resolution No. 33/2008/NQ-CP. The verification and issuance of certificates of investment in projects to develop detached houses shall comply with the Law on Investment and the Government's Decree No. 108/2006/ND-CP.

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a) The Service of Planning and Investment shall receive applications for investment registration, carry out verification, and request the People’s Committee of Hanoi to issue and adjust certificate of investments in the projects outside industrial parks, export processing zones, and hi-tech zones.

b) Management boards of industrial parks and export processing zones in Hanoi shall receive applications for investment registration, carry out verification, issue and adjust certificates of investments in infrastructure development projects in industrial parks, export processing zones, and hi-tech zones, and other projects in industrial parks, export processing zones, and hi-tech zones.

Article 21. Approving the investment in housing development projects

1. The procedures for approving investment in housing development projects are specified in to the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, and the Circular No. 16/2010/TT-BXD dated September 01 of the Ministry of Construction.

2. Before making investment in building houses, the investor shall request the People’s Committee to approve the investment (except for the case in which the investor is selected via tendering).

3. The Service of Construction (for housing development projects involving at least 500 houses) or a Division in charge of housing management (for housing development projects involving fewer than 500 houses) shall receive applications for approving housing development projects.

Article 22. Setting up, evaluating and approving projects (permitting investment in new urban area projects)

1. Setting up the project:

The investor in the project shall set up the project in accordance with relevant laws on investment, construction, relevant laws, and regulations of the People’s Committee of Hanoi. Investors in new urban area projects shall formulate the Charter of project management in accordance with the Regulation on New urban areas promulgated together with the Government's Decree No. 02/2006/ND-CP dated January 05, 2006, instructions of the Ministry of Construction, and relevant regulations of the People’s Committee of Hanoi.

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a) Investors in projects (except for new urban area projects) shall carry out evaluation and decide to make investment in projects in accordance with relevant laws on investment, construction, relevant laws, and regulations of the People’s Committee of Hanoi. The investment in housing development projects must be approved by the People’s Committee of Hanoi (or the People’s Committees of districts).

b) For new urban area projects:

The Service of Construction shall carry out evaluation and request the People’s Committee of Hanoi to permit the investment in new urban area projects, approve the Charters for the management and execution of new urban area projects in accordance with the Regulation on New urban areas promulgated together with the Government's Decree No. 02/2006/ND-CP dated January 05, 2006, instructions of the Ministry of Construction, and relevant regulations of the People’s Committee of Hanoi.

A new urban area project shall be evaluated within 45 working days. Permission for investment in the new urban area project shall be considered within 20 working days from the day on which the assessment report made by the Service of Construction is received.

The Service of Construction shall receive and evaluate the new urban area projects that use at least 200 hectares of land, and request the People’s Committee of Hanoi to request the Prime Minister to consider approving the investment.

Article 23. Making investment in projects

1. Evaluating, approving the design and estimated budget for the project

The investor shall evaluate and approve the technical design, construction drawing, and estimated budget in accordance with the Government's Decree No. 12/2009/ND-CP dated February 12, 2009 and the Government's Decree No. 83/2009/ND-CP dated October 15, 2009.

2. Verifying and approving reports on environmental impact assessment, or making the commitment on environment protection;

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b) The Service of Natural Resources and Environment shall receive application for verification and approval for reports on environmental impact assessment within the competence of the People’s Committee of Hanoi. The People’s Committees of districts or the People’s Committees of communes are delegated to receive applications and issue certificates of commitment on environment protection.

3. Allocating land, leasing land; compensation, support, and relocation:

a) The procedures for withdrawing land, allocating land, and leasing land to execute construction projects shall comply with the Law on Land, the Government's Decrees providing guidance on the implementation of the Law on Land, the Decision No. 108/2009/QD-UBND dated September 29, 2009 of the People’s Committee of Hanoi on compensation, support, and relocation when the State withdraw land in Hanoi, the Decision No. 02/2010/QD-UBND dated January 18, 2010, the Decision No. 48/2011/QD-UBND dated December 26, 2011 of the People’s Committee of Hanoi on withdrawing land, allocating land, leasing land, and converting land-use purposes to execute rural housing development projects in rural residential areas in Hanoi, and relevant regulations of the State and Hanoi's government.

b) Apart from the new urban area projects in which the investment is permitted by the People’s Committee of Hanoi, and the housing development projects in which the investment is permitted by competent authorities, the projects exempt from obtaining the certificate of investment must follow the procedure for identifying the demand for land according to the Government's Decree No. 69/2009/ND-CP dated August 13, 2009, providing additional regulations on land-use planning, land withdrawal, compensation, support, and relocation. The Service of Natural Resources and Environment shall complete the procedure for identifying the demand for land in accordance with regulations of the State and Hanoi's government.

4. Issuing the license for construction:

a) The projects that involve construction must obtain licenses for construction according to Article 19 of the Government's Decree No. 12/2009/ND-CP dated February 02, 2009. The license for construction must be obtained before the construction is commenced;

b) The procedure for issuing the license for construction in Hanoi shall comply with the Decision No. 04/2010/QD-UBND dated January 20, 2010 of the People’s Committee of Hanoi on the issuance of licenses for construction and construction management under licenses for construction in Hanoi.

Article 24. Performing post-construction inspection, putting constructions into operation, and providing warranty and maintenance

Before being put into operation, the projects must undergo post-construction inspection and be handed over in accordance with law. For the projects that involve constructions, the quality management, post-construction inspection, and commencement of operation, warranty, and maintenance must comply with the Law on Construction, the Decrees on guidance of the Government and competent authorities.

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1. The post-investment management and operation of constructions must comply with relevant laws. When the investment and construction is finished, the investor shall:

a) Send a report to the People’s Committee of Hanoi or the People’s Committee or the district according to the written permission for investment given by competent authorities;

b) Complete the documents for archiving in accordance with the Law on Housing, guiding Decrees, and legislation on construction;

c) The investors in projects to build urban areas, housing areas, and apartment buildings must complete the technical infrastructures and social infrastructures before allowing people to live therein.

d) Hand over the technical and social infrastructures to the local governments or a competent authority in accordance with the approved project or the written permission for investment given by competent authorities;

dd) The investors in new urban area projects or real estate companies must provide apartment building services to satisfy the residents’ demand until such services are transferred to the organizations specialized in providing apartment building services.

e) Cooperate with the local government in resolving the issues on administrative management within the project area;

f) Organize the management of the constructions that are not handed over to the local government or competent authorities.

g) Organize the provision of services related to the management and use of constructions, technical infrastructures, and other relevant services within the project areas; manage the operation of the running constructions before they are handed over to public service providers or specialized managing organizations.

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2. The Service of Construction shall cooperate with the People’s Committees of districts to inspect the progress and handover of technical and social infrastructures in urban areas and housing areas according to Clause 1 of this Article. The People’s Committees of districts shall inspect the other projects.

Article 26. Transferring projects

1. Investors are entitled to transfer the projects they execute to other investors in accordance with regulations of the State and Hanoi's government.

The People’s Committee of Hanoi shall consider permitting the transfer of projects in Hanoi (unless the primary investor decides to transfer to secondary investors in new urban area projects, housing areas, industrial parks, hi-tech zones, industrial complexes, or trade villages in accordance with law and regulations of the People’s Committee of Hanoi.

2. The documentation and procedure for transferring the entire project are specified in the Government's Decree No. 108/2006/ND-CP providing guidance on the implementation of the Law on Investment, the Government's Decree No. 153/2007/ND-CP dated October 15, 2007 elaborating and providing guidance on the implementation of the Law on Real estate trading (applicable to the real estate projects), the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 (applicable to the projects under BOT, BTO, and BETWEEN contracts), and the guiding documents issued by the State and Hanoi's government.

3. Agencies in charge:

a) The Service of Construction shall obtain opinions from relevant agencies, carry out evaluation, and request the People’s Committee of Hanoi to permit the complete transfer of the new urban area projects and housing development projects;

b) Management boards of industrial parks and export processing zones shall receive and process the applications for transferring technical infrastructure projects in industrial parks, export-processing zones, hi-tech zones, and other projects in industrial parks, export processing zones, and hi-tech zones.

c) The Service of Planning and Investment shall obtain opinions from relevant agencies, carry out evaluation, and request the People’s Committee of Hanoi to permit the complete transfer of the other projects.

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REGULATION ON PROJECTS UNDER BOT, BTO, AND BT CONTRACTS

Article 27. Regulations on management of projects under BOT, BTO, and BT contracts

1. The management of projects under BOT, BTO, and BT contracts is specified in the Government's Decree No. 108/2009/ND-CP dated November 27, 2009; the Government's Decree No. 24/2011/ND-CP dated April 05, 2011 on investment under BOT, BTO, and BT contracts; the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment providing guidance on the implementation of the Government's Decree No. 108/2009/ND-CP; the Circular No. 166/2011/TT-BTC dated November 17, 2011 of the Ministry of Finance on the management and use of budget for project preparation and budget of competent authorities during the project management; some financial criteria of project contracts; conditions and methods of payment for investors in projects under BT contracts; settling payment for projects under BOT, BTO, and BT contracts; terms and conditions in project contracts, regulations and instructions for relevant Ministries and agencies.

2. The People’s Committee of Hanoi shall promulgate regulations on making, approving of projects under BOT, BTO, and BT contracts, announcing the list of projects put out to tender, authorizing the conclusion and execution of project contracts, establishing interdisciplinary working groups, making, verifying, and approving feasibility study reports; selecting investors; establishing and administering project management enterprises; negotiating for project contracts; issuing certificates of investment, making investment in projects, making payment for constructions and project contracts from Article 28 to Article 37 of this Regulation.

Article 28. Making, approving, and announcing the list of projects put out to tender

1. During the formulation of the annual socio-economic development plan, based on the socio-economic development plans in each period, Services, agencies, and the People’s Committees of districts shall make lists of BOT projects, BTO projects, and BT projects (hereinafter referred to as lists of projects) and submit them to the People’s Committee of Hanoi.

The projects suggested to the list must meet the conditions in Article 9 of the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 and Article 10 of the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment.

2. The Service of Planning and Investment shall aggregate suggested projects, cooperate with the Service of Planning and Architecture, the Service of Natural Resources and Environment, the Service of Finance, other competent Services, and the People’s Committees of districts in reviewing and considering the necessity of the investment in such projects, compiling a list of projects that meet the conditions, and submit it to the People’s Committee of Hanoi. The People’s Committee of Hanoi shall seek opinions from Ministries to approve the list of projects.

3. After the list of projects is approved, the Service of Planning and Investment shall post it in three consecutive issues of the Vietnam Public Procurement Review Journal, and on the web portals of the People’s Committee of Hanoi (www.hanoi.gov.vn) and the Service of Planning and Investment (www.hapi.gov.vn).

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5. When the investor suggests a project outside the posted list according to Article 11 of the Government's Decree No. 108/2009/ND-CP dated November 27, 2009, the Service of Planning and Investment shall cooperate with the Service of Planning and Architecture, the Service of Natural Resources and Environment, the Service of Finance, other relevant Services, and the People’s Committees of districts in considering and requesting the People’s Committee of Hanoi to approve and put the suggested project on the list, and make an announcement in accordance with Clause 3 and Clause 4 of this Article.

6. The list of projects shall be adjusted in accordance with the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 and the instructions in Article 10 of the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment. The Service of Planning and Investment shall compile the list and request the People’s Committee of Hanoi to decide the adjustment the list of projects and make announcement as prescribed.

Article 29. Delegating the conclusion and execution of project contracts

1. The People’s Committee of Hanoi shall conclude and execute BOT, BTO, and BT project contracts. The People’s Committee of Hanoi shall conclude contracts for projects in class A, and delegate its affiliated agencies to execute the contracts. The People’s Committee of Hanoi shall delegate the conclusion and execution of contracts for projects in class B and class C to the affiliated Services and agencies as follows:

a) The Service of Transport shall conclude and execute contracts for projects related to road, bridges, road tunnels, ferry terminals, railway tunnels, railway bridge, river ports, and urban traffic works;

b) The Service of Construction shall conclude and execute the contracts for projects related clean water supply system, drainage system, waste collection and treatment system, infrastructural constructions for healthcare, education, vocational training, cultures, sports, and offices of state agencies;

c) the People’s Committee of Hanoi shall consider delegating the conclusion and execution of contracts for projects of other infrastructural construction on a case-by-case basis.

2. The agency delegated to conclude or execute contracts are totally responsible for the execution of the concluded contracts, and must inspect and supervise the technical design of the constructions to ensure the consistency with feasibility study reports and agreements in the contracts.

Article 30. Establishing the interdisciplinary working group

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a) Services affiliated to the People’s Committee of Hanoi, including the Service of Planning and Investment, the Service of Justice, the Service of Finance, the Service of Natural Resources and Environment, the Service of Planning and Architecture, the Services in charge of specialized constructions, and the People’s Committees of the district where the project is situated;

b) Representatives from central agencies and experts in law, engineering, and finance may be invited if necessary.

2. The agency delegated to conclude and execute the project contract shall select a proficient Vietnamese or foreign advisory organization to assists in the tasks of the interdisciplinary working group according to Article 8 of the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment.

Article 31. Making, verifying, and approving the feasibility study report

1. Making the feasibility study report:

The Service of Planning and Investment shall request the People’s Committee of Hanoi to request the agency delegated to conclude the project contract, or the agency delegated to execute the project contract, according to Article 29 of this Regulation, to prepare the investment and make the feasibility study report as the basis for contract negotiation or making a tender, if the project is put out to tender or the project is suggested by the investor, which is approved by the People’s Committee of Hanoi.

Contents of the feasibility study report shall comply with the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 and the Government's Decree No. 24/2011/ND-CP dated April 05, 2011. The procedures for verifying and approving the report on environmental impact assessment or commitment on environment protection are specified in Article 10 of this Regulation.

2. Verifying and approving the feasibility study report:

a) The Service of Planning and Investment shall verify the report and request the People’s Committee of Hanoi to give approval.

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c) The documentation, procedures, and time limits for verifying and approving feasibility study reports shall comply with legislation on construction, Article 11 and Article 12 of this Regulation.

3. Allocating budget for investment preparation:

The Service of Planning and Investment shall request the People’s Committee of Hanoi to allocate budget for investment preparation in accordance with Article 6 of this Decision.

Article 32. Selecting investors

1. Investors shall be selected in accordance with the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 and the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment.

2. The Services of Planning and Investment shall report the cases in which investors are appointed, according to Clause 3 Article 14 of the Government's Decree No. 108/2009/ND-CP dated November 27, 2009 and Article 18 of the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment, to the People’s Committee of Hanoi, the People’s Committee of Hanoi shall request the Prime Minister to make decisions.

Article 33. Establishing and administering project management enterprises

1. Every investor shall establish a new project management enterprises in accordance with the procedure in Article 49 of the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment.

2. The rights, obligations of the project management enterprise, and the relationship between the investor and the project management enterprise must be specified in the project contract in accordance with Clause 2 Article 16 of the Government's Decree No. 108/2009/ND-CP dated November 27, 2009.

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Article 34. Negotiating project contracts

Based on the invitation to tender, the tenders, and the approved result of investor selection, the agency delegated to conclude the contract or the agency delegated to execute the contract shall make a plan for the negotiation, send it to the selected investor, and preside the contract negotiation.

The project contract shall be negotiated in accordance with legislation on projects under BOT, BTO, BT contracts, the feasibility study report, the invitation to tender, or the ….

Article 35. Evaluation serving the issuance of certificates of investment

1. The procedure for issuing the certificate of investment in the project is specified in the Government's Decree No. 108/2009/ND-CP dated November 27, 2009; the Government's Decree No. 24/2011/ND-CP dated April 05, 2011 on amendments to the Government's Decree No. 108/2009/ND-CP on investment under BOT, BTO, and BT contracts; the Circular No. 03/2011/TT-BKHDT dated January 27, 2011 of the Ministry of Planning and Investment providing guidance on the implementation of the Government's Decree No. 108/2009/ND-CP; regulations and instructions for relevant Ministries and agencies.

2. The Service of Planning and Investment shall receive applications, carry out evaluation, seek opinions from relevant agencies, and request the People’s Committee of Hanoi to consider issuing the certificate of investment.

For BT projects, the evaluation of other projects or payment conditions and the evaluation serving the issuance of the certificate of investment in the BT project shall be carried out simultaneously.

Article 36. Making investment

1. Evaluating, approving construction design and estimates

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2. The procedures for withdrawing land, allocating land, providing compensation and support for relocation to serve the execution of construction projects are specified in the Law on Land, the Government's Decrees providing guidance on the implementation of the Law on Land, the Decision No. 108/2009/QD-UBND dated September 29, 2009 of the People’s Committee of Hanoi on compensation, support, and relocation when the State withdraws land in Hanoi; the Decision No. 02/2010/QD-UBND dated January 18, 2010 and Decision No. 48/2011/QD-UBND dated December 26, 2011 of the People’s Committee of Hanoi on withdrawing land, allocating land, leasing land, converting land-use purposes to serve the execution of projects and build rural houses in rural residential areas in Hanoi, relevant regulations of the State and Hanoi’s government.

3. Organizing the selection of contractors:

a) The project management enterprise shall select the advisory contractor, purchasing contractor, building contractor, and other contractors to execute the project. For the projects, the state investment in which makes up at least 30% of the total investment (including equity capital and loaned capital), the selection of advisory contractors, purchasing contractors, and building contractors must comply with the legislation on tendering and relevant legislative documents. The investor (the project management enterprise) shall report this case to the Service of Planning and Investment, the Service of Planning and Investment shall request the People’s Committee of Hanoi to give a written permission before approving the tendering plan.

The result of contractor selection must be reported to the People’s Committee of Hanoi, the Service of Planning and Investment, and the unit that signs the contract within 15 working days from the day on which the contractor is selected.

b) The project management enterprise is totally responsible for the tendering, and shall report the tendering to the Service of Planning and Investment; then the Service of Planning and Investment shall send a report to the People’s Committee of Hanoi.

c) The information related to tendering shall be posted in accordance with the Law on Tendering, the Government's Decree No. 85/2009/ND-CP dated October 15, 2009 providing guidance on the implementation of the Law on Tendering and selection of building contractors in accordance with the Law on Construction and guiding documents.

4. Constructing:

The project management enterprise shall manage and supervise, or hire an independent advisory organization to manage and supervise the construction, perform post-construction inspection of the items and the whole construction according to the design, in accordance with legislation on construction and agreements in the project contract.

Article 37. Making payment for the construction and the project contract

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2. For the projects of BT constructions, the payment for the constructions and payment for other projects (in case the investor is assigned to execute other projects to recoup investment in BT constructions) be settled in accordance with the project contracts.

Chapter 5.

REGULATIONS ON EXPERIMENTAL PPP PROJECTS

Article 38. Regulations on PPP project management

1. The fields, conditions, procedures and principles for making experimental investment are specified in the Regulation on experimental investment under PPP contracts, promulgated together with the Decision No. 71/2010/QD-TTg dated November 09, 2010, instructions of relevant Ministries, relevant laws, and regulations of the People’s Committee of Hanoi.

2. The People’s Committee of Hanoi shall promulgate regulations on the agencies that conclude and execute the project contracts, suggest PPP projects, making and approving feasibility study reports, allocating the city’s budget to projects, and selecting projects from Article 39 to Article 43 of this Regulation.

Article 39. Agencies in charge of signing and executing project contracts

1. The People’s Committee of Hanoi shall sign and execute PPP contracts related to socio-economic management in accordance with the regulations of the Prime Minister. The agencies below shall be assigned to perform the tasks related to the projects, exercise the rights and fulfill the obligations of the People’s Committee of Hanoi to the PPP contracts:

a) The Service of Transport is in charge of the projects related to road, bridges, road tunnels, ferry terminals, railway, railway tunnels, river ports, and urban traffic works;

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c) The Service of Health is in charge of the projects related to healthcare infrastructure (hospitals);

d) The agencies assigned to perform the tasks related to projects to development other infrastructures and provide other public services, decided by the Prime Minister, shall be decided by the People’s Committee of Hanoi on a case-by-case basis.

2. The agencies assigned to conclude project contracts shall supervise and assess the fulfillment of obligations of investors and project management enterprises, the conformity with the planning, target, scale, technical standards, the construction quality, the progress of capital mobilization and project execution, the environment protection, and other issues agreed in the project contracts.

Article 40. Suggesting PPP projects

1. Based on the approved planning and infrastructural development investment programs, Services, agencies, and the People’s Committees of districts shall suggest PPP projects in accordance with Article 4 of the Regulation on experimental investment under PPP contracts, promulgated together with the Decision No. 71/2010/QD-TTg dated November 09, 2010, and send reports to the People’s Committee of Hanoi.

2. The Service of Planning and Investment shall aggregate and report the suggested projects to the People’s Committee of Hanoi. Then the People’s Committee of Hanoi shall send them to the Ministry of Planning and Investment for evaluation. After evaluating, the Ministry of Planning and Investment shall request the Prime Minister to consider putting them on the list.

3. Where an investor actively suggests a project, according to Article 13 of the Regulation on experimental investment under PPP contracts, promulgated together with the Decision No. 71/2010/QD-TTg dated November 09, 2010, the investor shall send the suggestion to the Service of Planning and Investment. The Service of Planning and Investment shall request the People’s Committee of Hanoi to send it to the Ministry of Planning and Investment for evaluating and requesting the Prime Minister to consider putting it on the list of projects.

Article 41. Making, verifying, and approving feasibility study reports

1. Making the feasibility study report:

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The agency assigned to conclude, execute the project contract, and prepare the investment shall make the feasibility study report or select a proficient and experienced advisory organization to make the feasibility study report, suggest the contribution of the state, the mechanism for investment assurance, and other issues beyond the competence of the People’s Committee of Hanoi, and request the Prime Minister to make a decision as the basis for approving the project.

The contents of the feasibility study report are specified in Article 16 of the Decision No. 71/2010/QD-TTg dated November 09, 2010, instructions of relevant Ministries, and instructions of relevant Ministries. The procedures for verifying and approving the report on environmental impact assessment or commitment on environment protection are specified in Article 10 of this Article.

2. the feasibility study report shall be verified and approved in accordance with current regulations on construction and investment, applicable to the projects funded by government budget.

a) The People’s Committee of Hanoi shall approve feasibility study reports of the projects in class A, class B, and class C according to the Government’s regulations.

b) The Service of Planning and Investment shall approve feasibility study reports of the projects in which the investment is decided by the People’s Committee of Hanoi.

c) The contents, documentation, procedures, time limits for verifying and approving feasibility study reports shall comply with legislation on construction, Article 11 and Article 12 of this Regulation.

Article 42. Approving the contribution of the state, mechanism for investment assurance, and other issues

1. The state contribution, the mechanism for investment assurance, and other issues are specified in Article 18 of the Prime Minister’s Decision No. 71/2010/QD-TTg dated November 09, 2010.

2. The city’s budget shall be used for preparing and making investment as follows:

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b) The contribution of the city’s budget shall comply with the plan for investing in projects funded by the city’s budget according to Article 6 of this Decision. Capital shall be allocated in accordance with the Decision to approve the feasibility study report made by competent authorities according to Article 41 of this Article.

Article 43. Investor selection

Based on the approved feasibility study report, the agency assigned by the People’s Committee of Hanoi to prepare the investment (according to Article 39 of this Regulation) shall make the invitation to tender and seek domestic or international tenders to select investors in the project according to Article 19 of the Regulation on experimental investment under PPP contracts, promulgated together with the Prime Minister’s Decision No. 71/2010/QD-TTg dated November 09, 2010, and instructions of relevant Ministries.

Chapter 6.

SUPERVISING AND ASSESSING INVESTMENT

Article 44. Supervising and assessing investment

1. Follow the Government's Decree No. 113/2009/ND-CP dated December 15, 2009 on supervising and assessing investment, and the Circular No. 13/2010/TT-BKH dated June 02, 2010 of the Ministry of Planning and Investment on investment supervision and assessment forms.

2. Directors of Services, Presidents of the People’s Committees of districts, Presidents of the People’s Committees of communes, and investors in the projects are responsible to the People’s Committee of Hanoi for the supervision and assessment of the investments under their management, for the damage caused by the failure to carry out supervision assessment of investment, or the failure to report.

Article 45. Responsibility to supervise and assess investments in the projects in Hanoi

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a) Supervise and assess the investments made by the city according to Point b Clause 6 Article 15 of the Government's Decree No. 113/2009/ND-CP dated December 15, 2009. in particular:

Provide guidance, monitor, and send reports to the People’s Committee of Hanoi on the supervision and assessment of the investments under the management of the People’s Committee of Hanoi (including investments made by districts and communes);

Make plans and cooperate with Services and districts in inspecting and assessing the projects in which the investment is decided by the People’s Committee of Hanoi;

Send reports to the People’s Committee of Hanoi on the overall supervision and assessment of investment and projects under the management of the city.

Report the difficulties related to the investments and projects under the management of the city to the People’s Committee of Hanoi. the People’s Committee of Hanoi shall send request the Prime Minister and relevant Ministries to consider and settle in order to meet the schedule and ensure investment efficiency;

b) Monitor, supervise, and assess the projects in which the investment is decided by the People’s Committee of Hanoi, and invested by the affiliated units and project management boards;

c) Monitor, supervise, and assess the projects of which the certificates of investment are issued by the People’s Committee of Hanoi;

d) Cooperate with Services, agencies, and the People’s Committees of districts in requesting the People’s Committee of Hanoi to resolve the issues on compensation, support, relocation, and land use at the request of the Ministries and investors;

dd) Performing other tasks related to investment supervision and assessment at the request of the People’s Committee of Hanoi.

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Supervise and assess the investments according to the socio-economic decentralization in the Decision No. 11/2011/QD-UBND dated March 02, 2011 of the People’s Committee of Hanoi, in particular:

a) Monitor, inspect and assess the investments in the fields under their management;

b) Monitor, inspect, and assess the projects invested by Services, agencies and their affiliated units;

c) Cooperate with the Services of Planning and Investment in inspecting and assessing the projects in which the investment is decided by the People’s Committee of Hanoi;

d) Cooperate with Services, agencies, and the People’s Committees of districts in requesting the People’s Committee of Hanoi to resolve the issues on compensation, support, relocation, and land use at the request of the Ministries and investors;

dd) Request the People’s Committee of Hanoi to submit the recommendations about the investment issues and projects under their management to the Prime Minister and Ministries in order to responsively resolve the difficulties, meet the schedule, and ensure the investment efficiency;

e) Report the overall supervision and assessment of investment and projects under their management, the supervision and assessment of investment and projects invested by Services and their affiliated units.

g) The Service of Construction shall monitor, supervise, and assess the new urban area projects and housing development projects in which the investment is permitted by the People’s Committee of Hanoi;

h) The Service of Natural Resources and Environment shall supervise the adherence to the land-use planning and environmental planning of the projects in Hanoi.

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a) Monitor, inspect, and assess the projects of which the certificates of investment are issued by the management boards of the industrial zones and export-processing zones in Hanoi;

b) Cooperate with the Service of Planning and Investment in assessing the projects funded by other capital sources;

c) Request the People’s Committee of Hanoi to submit the recommendations about the investment issues and projects under their management to the Prime Minister and Ministries in order to responsively resolve the difficulties, meet the schedule, and ensure the investment efficiency;

d) Report the overall supervision and assessment of investment and projects under their management, the supervision and assessment of investment and projects invested by Services and their affiliated units.

4. The People’s Committees of districts shall:

Supervise and assess the investments under the management of the People’s Committees of districts, in particular:

a) Monitor, inspect and assess the investments in the fields under their management;

b) Monitor, supervise, and assess the projects invested by the People’s Committees of districts and their affiliated units (including the protects in which the investment is decided by the People’s Committees of districts);

c) Monitor, supervise, and assess the housing development projects in which the investment is permitted by the People’s Committees of districts;

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dd) Cooperate with Services and agencies requesting the People’s Committee of Hanoi to resolve the issues on compensation, support, relocation, and land use at the request of the Ministries and investors;

Cooperate with the Service of Natural Resources and Environment in supervising the adherence to the land-use planning and environmental planning of the projects in the district;

e) Report the overall supervision and assessment of investment and projects under their management, the supervision and assessment of investment and projects invested by the People’s Committees of districts and their affiliated units.

5. Investors shall:

Supervise and monitor projects in accordance with Clause 5 Article 15 of the Government's Decree No. 113/2009/ND-CP dated December 15, 2009, and make reports as prescribed. Investors shall request project management boards or responsible departments to supervise and assess the investments in the projects under their management.

Article 46. Reports on investment supervision and assessment

Follow Article 17 of the Government's Decree No. 113/2009/ND-CP dated December 15, 2009 on supervising and assessing investment, and the Circular No. 13/2010/TT-BKH dated June 02, 2010 of the Ministry of Planning and Investment on investment supervision and assessment forms, and the regulations below:

1. Reporting:

a) Every 6 months and every year, Services and the People’s Committees of districts shall send reports to the People’s Committee of Hanoi on the overall supervision and assessment of investment. The Services of Planning and Investment shall send the reports to the People’s Committee of Hanoi and the Ministry of Planning and Investment.

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c) Investors in the projects funded by other sources shall send biannual and annual reports to the agencies in charge of supervising and assessing investment (the agencies that issue the certificates of investment).

2. Time limit for sending periodic reports:

b) Investors shall send monthly reports to the persons that decided the investment before the 5^th of the next month, and quarterly reports on supervision and assessment of investment in the projects of national importance and projects in class A to the governing body and the Ministry of Planning and Investment before the 10^th of the first month of the next quarter.

b) Services and the People’s Committees of districts shall send reports to the People’s Committee of Hanoi on the overall supervision and assessment of investment before July 05 (for biannual reports) or before January 05 of the next year (for annual reports).

c) The Service of Planning and Investment shall send the Ministry of Planning and Investment reports on the overall supervision and assessment of investment before July 20 (for biannual reports) or before January 20 of the next year (for annual reports), and send unscheduled reports at the request of superior agencies.

Article 47. Responsibilities and penalties for violations committed by supervising and assessing agencies

1. Responsibilities of supervising and assessing agencies:

The agencies and units assigned to supervise, assess investment and assists senior officers of the People’s Committees in supervising and assessing investment are obliged to:

a) Make plans for monitoring, inspecting, and assessing investment approved by competent authorities;

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c) Collect relevant reports and information to monitor, inspect, and assess investments;

d) Examine, analyze, and assess information and reports; make and submit reports on supervision and assessment to competent authorities.

2. Penalizing violations of the regulations on supervising and assessing investment

a) Supervising and assessing agencies shall request reports the investors in the projects, the state investment in which makes up at least 30% of the total investment, who fail to send reports on schedule, and request the imposition of administrative penalties (issue a warning if 2 consecutive reports or 3 reports are not sent, reassign the persons involved to do other tasks if 3 consecutive reports are not sent or 6 reports are not sent).

The projects that have fail to send 02 consecutive reports or 03 reports in the previous year shall not be provided with capital in the next year.

b) Competent authorities must not adjust the projects/certificates of investment of the projects that are not periodically supervised or assessed.

3. Penalizing violations of the regulations on investment management during investment supervision and assessment:

a) Supervising and assessing agencies shall promptly report the violations of the regulations on investment management to competent authorities;

b) The supervising and assessing agencies that deliberately screen the violations shall be jointly responsible for the violations and damage caused by such violations.

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The organizations and investors in projects shall comply with the Prime Minister’s Decision No. 80/2005/QD-TTg dated April 18, 2005 on the promulgation of the Regulation on public supervision, the Joint Circular No. 04/2006/TTLT-KH&DT-UBMTTQVN-TC dated December 04, 2006 of the Ministry of Planning and Investment, Vietnamese Fatherland Front Committee, and the Ministry of Finance providing guidance on the Prime Minister’s Decision No. 80/2005/QD-TTg.

Chapter 7.

IMPLEMENTATION

Article 49. Transition

From the effective date of this Decision:

1. The written approvals for the plans for preparing investment in the projects funded by government budget is valid for 12 months for projects in class B and class C, 18 months for projects in class A. Next procedures shall comply with this Regulation.

2. For the projects funded by other sources than government budget:

The projects that are permitted by the People’s Committee of Hanoi to be set up and execute, the suggested projects that are accepted but have not been issued with the certificates of investment, the housing development projects in which the investment has not been approved (for the projects exempt from obtaining the certificates of investment), and the new urban area projects in which the investment has not been permitted may be executed for 12 months from the effective date of this Regulation. The People’s Committee of Hanoi shall consider other cases. Next procedures shall be carried out in accordance with this Regulation.

Article 50. Implementation

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2. During the implementation of this Regulation, if superior authorities promulgate documents at odds with this Regulation, the documents promulgated by superior authorities shall apply. State administrative agencies affiliated to the People’s Committee of Hanoi and investors shall report the difficulties to the Service of Planning and Investment. The Services of Planning and Investment shall summarize then and request the People’s Committee of Hanoi to consider.