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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
11/2013/ND-CP
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Ha Noi,
January 14, 2013
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DECREE
ON INVESTMENT MANAGEMENT OF URBAN DEVELOPMENT
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Law on Construction dated
November 26, 2003; Law No. 38/2009/QH12 of 2009 on amending and supplementing a
number of articles of the law relating to the investment in capital
construction dated June 19, 2009;
Pursuant to the Law on Real Estate Business
dated June 29, 2006;
Pursuant to the Law on urban planning dated
June 17, 2009;
At the proposal of the Minister of
Construction;
Government issued Decree on the investment
management of urban development;
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GENERAL REGULATION
Article 1. Scope of
adjustment and subject of application
1. Scope of adjustment:
This Decree regulates activities related to
urban development investment including: urban planning; formulating and
publishing plans to deploy the areas of urban development; performing
investment in construction and operation and transfer of investment in urban
development projects.
2. Subjects of application
This Decree applies to organizations and individuals
in the country and abroad involving in activities related to the investment in
urban development.
Article 2. Explanation of
terms
In this Decree, the terms are construed as
follows:
1. Urban development area is an area identified
for urban development investment in a certain period. The urban development
areas include: new urban development area, expanded urban development area,
renovation area, conservation area, urban reconstruction area and specific
functional area.
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2. New urban development area is an area
expected to be formed a new urban center in the future under urban planning
approved by the competent authority, and invested in new construction
synchronizing with the urban infrastructure.
3. Expanded urban development area is the urban
development area including the existing urban area and new urban area with a
synchronous connection with the urban infrastructure.
4. Urban improvement area is the urban
development area which is invested in construction to improve the quality of
existing urban center, but does not alter the basic urban structure.
5. Urban conservation area is the urban
development area in order to preserve and refurbish urban historical and
cultural values.
6. Urban reconstruction area is the urban
development area which is newly built on the floor of the old buildings
demolished of the existing urban center.
7. Specific functional area is an urban
development area to form specific functional areas such as economic, tourist
and resort areas, college campuses, etc.
8. Urban development investment project is the
construction investment project of a building or a complex of buildings in an
urban development area decided and published by the competent authority.
Urban development investment project including
project of urban center construction and building construction investment
project in urban centers.
9. Urban center construction investment project
is a construction investment project of buildings (which may include: housing,
infrastructure, public buildings, etc.) on an assigned land area in the urban
development area under the planning approved by the competent authority.
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a) New urban center construction investment
project is a construction investment project of a new construction urban center
on a land area converted from other land types to urban construction land;
b) Urban reconstruction project is a project
which shall build new architectural buildings and infrastructure on the floor of
current buildings demolished under the urban planning which hectaress been
approved by the competent authority;
c) Urban renovation and refurbishment project is
the upgrading and renovation of exterior side or building structure in
the existing urban areas without any Change of more than 10% of the land use
criteria of the area;
d) Urban preservation and refurbishment project
is the preservation and refurbishment of cultural, historical and architectural
values of the buildings and landscape in the area of urban cultural heritage;
e) Project construction is mixed urban
construction projects in urban areas thectarest can include newly-constructed
building, renovated and refurbished buildings.
10. Building construction investment project in
urban center is the new construction investment project; either expanding or
renovating and refurbishing of architectural buildings and infrastructure.
11. Investor is organization or individual with
capital or person assigned to manage and use capital in order to invest in
urban development projects.
12. Level 1 investor is the person assigned by
the State to implement the urban development investment project. The level 1
investor may be:
a) Functional State management agencies;
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c) Enterprises of all economic sectors,
cooperatives;
d) Political and socio-professional
organizations qualified as prescribed by law.
13. Secondary investor is the level 2 investor
or investor of subsequent levels involved in urban development investment
project through the lease, assignment or transfer of land use right with
infrastructure under the urban development investment project for investment in
building construction.
14. Urban services are public services provided
in urban areas such as: management, operation and maintenance of the system of
technical infrastructure; hygiene and environmental protection; park and tree
management; urban lighting, water supply and drainage; condominium management; funeral
services, waste treatment; public transport; protection of order and security
in the urban development area; health, education, commerce, entertainment,
sports and other public services.
Article 3. Principle of
urban development investment
1. Ensuring the consistent master plan of
socio-economic development of localities and nation, complying with
construction planning, urban planning, urban development deployment plans, law
on construction investment and related laws.
2. Ensuring the uniform development of technical
infrastructure, social infrastructure, urban landscape and architecture in
association with national security.
3. Ensuring the exploitation and use of
resources economically and efficiently; environmental protection and response
to climate Change, natural disasters aimed at sustainable development.
4. Making a good living environment for urban
residents; protecting the interests of the community in hectaresrmony with the
interests of the State and the investors.
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Article 4. Land reserved for
urban development
1. Provincial People's Committee shall assign
Service of Construction as the focal agency to develop the urban development
programs for the whole province and each urban center for submission to the
provincial-level People's Committee for approval.
2. Provincial-level People's Committee based on
urban planning and urban development programs, plans for urban development area
implementation, land use plan approved by the competent authority, is
responsible for directing organizations to provide land for urban development
investment projects in the urban development area which hectaress been
published.
3. Provincial and district-level People's
Committee as decentralized shall organize the implementation or guide the
investor to carry out the compensation, assistance and resettlement upon land
recovery as prescribed by regulations of the law on land.
4. The allocation or lease of land for urban
development investment is made based on the results of selection of investors
via the forms of appointment, bidding, land allocation for construction of
public housing or auction as prescribed by law.
5. The recovery of the whole or part of the land
allocated or leased for urban development investment projects which hectaresve
not been implemented or are due to slow progress is made under the provisions
of the law on the land.
6. Land for construction of public housing and
resettlement housing must be identified as soon as formulating and approving
the subdivision planning scheme and detailed planning.
7. Provincial-level People's Committees shall
specify the areas permitted to execute the transfer of land use right with the
complete infrastructure investment for people to build their own houses under
detailed planning of the project which hectaress been approved, after having
the written consent of the Ministry of Construction.
Article 5. Investment
capital for urban development
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2. Provincial-level People's Committees are entitled
to use existing investment funds (including: local development investment fund,
land development fund infrastructure development fund, housing development
funds, etc.) to create investment funds for urban development areas.
Article 6. Encouragement,
supporting and incentive for investment in urban development projects
1. The State hectaress policies to encourage,
support and favor the urban development investment projects with one or more of
the following criteria:
a) Investing in construction framework technical
infrastructure, social infrastructure to serve the public interest without
capital recovery and not in the list of the buildings in which the investors
are required to invest;
b) Investing in public housing, relocation
housing and renovating and rebuilding residential areas, old condominiums in
accordance with the law;
c) Investing in housing construction for lease;
d) Investing in construction of buildings with
application of new technologies which are environmentally friendly.
2. The State has supporting policies including:
a) Promptly publishing and providing free of
charge information on the planning and deployment plan of urban development
area.
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3. Other incentive cases as prescribed by law.
Chapter 2.
URBAN DEVELOPMENT AREA
Article 7. Requirements for
the preparation, appraisal and approval of urban planning
1. The formulation, appraisal and approval of
construction planning, urban planning are implemented as prescribed by the Law
on Construction, Law on Urban Planning and related guiding documents.
2. For urban areas are expected for expansion of
the boundaries or urban development areas with the anticipated population size
equivalent to the level I urban center or more, the provincial-level People's
Committees shall hectaresve to submit tasks and general scheme to be appraised
by the Ministry of Construction and submitted to the Prime Minister for
approval.
3. Within 30 days after the general scheme is
approved, the provincial-level People's Committee shall direct the subdivision
planning for approval as prescribed.
4. For the subdivision scheme with the
population size equivalent to grade IV or more at special urban centers, level
1 urban centers and the centers with the scale determined in the master plan
approved equivalent to level-1 urban center, the provincial-level people's
Committee shall consult the Ministry of Construction before the approval of the
competent agency;
5. The time limit the Ministry of Construction
shall consider and give opinion on subdivision scheme specified in Clause 4 of
this Article shall not exceed 15 working days from the date of receipt of the
written consultation and dossier of planning scheme.
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Based on the master plan for socio-economic
development, regional construction planning, general urban planning,
subdivision planning, urban development program, the provincial-level People's
Committee shall prepare proposal dossier of the urban development areas for
submission to the Prime Minister or make a decision on urban development areas
under the authority specified in Article 9 of this Decree.
Article 9. Authority to
decide on urban development areas
1. The Prime Minister shall decide on the
following urban development areas after obtaining the appraisal opinion of the
Ministry of Construction on the contents specified in Clause 3 of this Article:
a) Urban development areas in the urban centers
with the general planning scheme under the approval authority of the Prime
Minister;
b) Urban development areas within the
administrative boundaries of two or more provinces;
c) Urban development areas in order to form a
new urban center with the population size equivalent to level IV or more under
the approved plan;
d) Urban development areas hectaresve important
implication on security and national defense.
2. Provincial-level People's Committee shall
decide on the remaining urban development areas.
3. Appraisal contents to propose the urban
development areas:
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b) Conformity with the master plan, subdivision
planning and urban development programs which hectaresve been approved;
c) The feasibility of implementation plan for
urban development area
4. The number of dossier proposing the urban
development areas sent to the Ministry of Construction for appraisal is 10
sets.
5. The time for appraisal of proposal dossier
shall not exceed 30 working days.
6. Content of the Draft of Decision on approval
of the urban development area shall comply with the form in the Appendix
attached to this Decree.
Article 10. Content of
proposal dossier of urban development areas
1. Report
2. Summary report on urban development area is
expected to include
a) Name of urban development area
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c) Describing the current state of urban
development area;
d) Explanation about the foundation of urban
development areas;
e) Nature / main functions of the area
g) Introduction of the basic content of the
approved urban master plan;
h) Implementation plan for urban development
area;
i) Estimated time limit of implementation
k) Preliminary estimates and expected investment
resources for urban development;
l) Proposal of the form of management or
establishment of the Management Board of urban development area as prescribed
in Article 13 of this Decree. New establishment or use of Management Board of
urban development area available to manage each urban development area;
Article 11. Content of
implementation plan of urban development area;
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2. Determining the order of construction,
implementation progress of urban development investment projects to ensure the
implementation of the framework technical infrastructure projects and some
urgent social infrastructure works of the area before implementing the
component projects.
3. Relocation and resettlement.plan
4. Capital plan and capital mobilization model.
5. Organization of management and implementation
under capital mobilization models.
Article 12. Publication of
urban development area and implementation plan.
1. Within 30 days after the decision on
approving the urban development areas, the provincial-level People's Committees
shall publicize the urban development areas and implementation plans; providing
information and creating favorable conditions for investors to invest in urban
development projects.
2. The publication of urban development areas
and the implementation plans are carried out through mass media and other means
in accordance with local conditions.
3. The publication includes the main content of
the Decision on approving the urban development area and implementation plan
for urban development area for the investors to know, choose and make decision on
investment in projects.
Article 13. Management
Board of urban development area
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a) Depending on local conditions, the
Chectaresirman of the provincial-level People's Committee shall decide to set
up the Management Board of urban development area in accordance with the
provisions of Clause 2 of this Article, the Management Board of urban
development area is the non-business unit under the provincial People's
Committee, Having legal status and seal, subject to the direction and
management on the organization and operation of the provincial People's
Committee, subject to the direction, professional instruction of the Service of
Construction and the local Services of specialized management;
b) The Management Board of urban development
area hectaress the functions to help the provincial-level People's Committee
implement a number of tasks of urban development investment management in the
area of urban development area including: Managing and supervising the process
of urban development investment as planned; ensuring synchronous connection and
managing the system of framework technical infrastructure, technical
infrastructure connection between projects in the construction investment phectaresse;
directly managing projects using state budget capital assigned by the
provincial-level people's Committees; performing some other tasks on
implementing urban development areas assigned by the provincial people's
Committee.
2. Cases of establishment or dissolution of the
Management Board of urban development area:
a) The urban development areas must hectaresve
Management Board of urban development area including: urban development area in
the urban centers with the general planning scheme under the planning authority
of the Prime Minister; the urban development areas are specified in Clauses 2,
5, 6, 7, Article 2 of this Decree;
b) Except for the urban development areas which
must hectaresve Management Board of urban development area specified at Point
a, Clause 2 of this Article, for the remaining urban development areas, the
Chectaresirman of provincial-level People's Committee shall base on the local
urban development needs to decide on the establishment or non-establishment of
Management Board of urban development area;
c) Depending on the needs of urban development,
scale and importance of the urban development area and the conditions for local
socio-economic development, a province may establish one or more of the
Management Board of urban development area; one Management Board of urban
development area can also be assigned to manage one or more urban development
areas;
d) For urban development areas of the two
provinces or more, the Ministry of Construction in collaboration with People's
Committees of provinces concerned to establish a coordination Board of urban
development area to direct and support the local Management Board of urban
development area to synchronously implement the investment process of urban
development;
e) Chectaresirman of the provincial People's
Committee shall decide to dissolve the Management Board of urban development
area after the Management Board of urban development area hectaress completed
its assigned tasks in accordance with the law, or those tasks are transferred to
the another Management Board of urban development area.
3. Duties and power of Management Board of urban
development area
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b) Organizing activities to promote investment
in the urban development area; studying and suggesting preferential policies,
specific mechectaresnism applied to the construction investment activities in
the urban development area;
c) Planning the selection of investor of
projects of urban development for the submission to the provincial-level
People's Committee for decision; guiding and assisting investors in the process
of investment preparation and implementation of investment projects of urban
development;
d) Organizing the management or implementing
investor function for projects in the urban development area with the use of
state budget assigned by the provincial-level People’s Committee;
e) Monitoring and supervising the implementation
of urban development investment projects to ensure the conformity with the
planning and progress in accordance with the contents of project approved;
summarizing, proposing and coordinating with the competent agencies to
hectaresndle problems and difficulties arising in the course of investment
implementation;
g) Assuming the prime responsibility and
coordinating with other agencies, service providers, investors to ensure the
synchronous connection and management of framework technical infrastructure,
technical infrastructure connection between the projects in the construction
investment phectaresse until the completion of the hectaresndover to urban
authorities;
h) Building the database system, providing
information on urban development area; summarizing and making report to the
provincial-level People's Committee and the Ministry of Construction every 6
months, annually or irregularly on the implementation situation of investment
projects and deployment plan of urban development area assigned for management;
i) Performing other duties and powers on
management of investment and construction and urban development within the
urban development area assigned or authorized by the provincial-level People's
Committee as prescribed by law.
4. The operating expenses of the Management
Board of urban development projects are partially guaranteed from the budget,
the cost of management of projects assigned and from the service revenue as
prescribed by law.
Chapter 3.
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SECTION 1. URBAN AREA
CONSTRUCTION INVESTMENT PROJECT
Article 14. Detailed
planning of project
1. The formulation, appraisal and approval of
the detailed planning of urban area construction investment project shall
comply with regulations of the law on urban planning.
2. The adjustment of the detailed planning of
the project must comply with the regulations of the law on urban planning and
must not exceed the satisfaction ability of the urban infrastructure system
determined in the scheme of urban planning approved without adversely affecting
the urban landscape or reducing the quality of life of residents in the area.
3. The preparation and adjustment of the
detailed planning of urban development projects must identify technical
infrastructure construction space of common use to layout lines, technical
tanks, trenches and tunnels.
Article 15. Management of
construction investment implementation
The formulation, appraisal, approval and
management of implementation of the urban center construction investment
project shall comply with the regulations of the law on construction, this
Decree and relevant laws.
Article 16. Conditions as
being project investor.
1. For investor as state agency:
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b) Having rational proposal of project in
accordance with the planning and urban development area deployment plan.
2. For investor as enterprise:
a) Having registered business under the
provisions of the Enterprise Law in accordance with the implementation of
projects and eligible under the provisions of the Law on real estate business
(if the project has business products);
b) Having investment capital in its own not less
than 15% of the total investment of the project of land use scale less than 20
hectares, not less than 20% of the total investment of the project of land use
scale from 20 hectares or more for urban area investment construction projects;
c) Having investment capital in its own not less
than 20% of the total investment of project for the remaining projects.
Investment capital owned by investors specified
at Points b and c said above must be the real capital of the investor as of the
year preceding the year the investor hectaress implemented the urban
development investment projects and presented in the financial statements of
the investor and must be certified by an independent auditor. Where enterprises
and cooperatives are newly established, there must be a written confirmation of
the competent authority as prescribed by law.
d) Having rational proposal of project in
accordance with the planning and urban development area implementation plan.
e) Having management staff and qualified and
experienced human resources and committing to ensure the implementation of the
content and progress of projects approved.
3. For investor as political, socio-political,
professional-social organization;
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b) Having rational proposal of project in
accordance with the planning and urban development area implementation plan.
c) Only implementing project within the scope of
land use assigned by the competent state agencies for management and use in
service of activities under functions and tasks assigned.
Article 17. Obligations of
level 1 investor.
1. Making detailed planning (if the project area
does not hectaresve the approved detailed planning), urban design and urban
center construction investment project for the submission to the competent
authority for approval and complying with the detailed planning which hectaress
been approved.
2. Implementing the construction investment of
works in accordance with the detailed planning and progress of the project
which hectaress been approved.
3. Investing in construction of technical
infrastructure works and social infrastructure to ensure the synchronization
with the infrastructure system of the surrounding area and in conformity with
the progress of project implementation approved.
4. Ensuring temporary connection between the
technical infrastructure in the project area with the technical infrastructure
systems outside the scope of the project in the event the technical
infrastructure system outside the scope of the project hectaress not been
invested in accordance with the planning approved.
5. Implementing the requirements of the
provincial-level People's Committee on the contribution for the area
infrastructure development and delivery of land area with the infrastructure to
create fund to build social housing under the provisions of the law on housing.
6. Organizing activities to provide housing
management services, technical infrastructure system and other urban services
within the scope of the project pending the hectaresndover.
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8. Monitoring the implementation of the
construction investment of the secondary investors (if any) in accordance with
the detailed planning and progress of the project which hectaress been
approved.
9. Guiding procedures and coordinating with the
secondary investors (if any) to perform the procedures for the transfer of land
with the technical infrastructure or other products of the project in
accordance with the regulations of the law.
10. Other obligations as prescribed by law.
Article 18. Obligations of
secondary investor
Secondary iInvestor shall hectaresve the obligations
stipulated in Clauses 1 through 8, Article 17 of this Decree.
2. Secondary investors shall be subject to the
management of the level 1 investor in the construction process, ensuring the
compliance with the detailed planning which hectaress been approved, carrying
out the construction investment in accordance with contract signed between the
two parties, the regulations of the law on construction and related laws.
3. Other obligations as prescribed by law.
Article 19. Change of
investor
1. Change of investor is the investor transfers
the entire urban development investment project to another investor.
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3. The change of level 1 investor must be
approved in writing by the competent state agency. The competent agency making
decision on selection or assigning the investor to carry out the project is the
agency having the authority to approve the Change of investor. The investor
shall send a report and the related legal documents (05 sets) on the Change of investor
to the competent state agency said above. The response time by competent state
agency shall not exceed 30 days from the date of receipt of dossier from the
investor.
4. The new investor must ensure to meet the
conditions as prescribed in Article 16 of this Decree.
Article 20. Investment
approval
1. The selection of investor is implemented in
the form of land use right auction, project bidding or application of form of
direct appointment under the provisions of the law on land, housing and relavant
laws. The provincial-level People's Committee shall make a decision on the
selection of investor based on the results of bidding, auction or on assignment
to investor in case of direct appointment.
2. As for the budget-funded projects, the person
with the authority to make decision on investment is the person with authority
to select the investor.
3. Once selected, the project investor shall
prepare dossier to propose the investment approval under the provisions of
Article 26 of this Decree, present it to the provincial-level People's
Committee for consideration of investment approval or submission to the
competent authority to decide on investment approval of the project in
accordance with the provisions of Articles 21, 22, 23, 24 and 25 of this Decree.
4. The decision on investment approval by the
competent authority is the legal foundation for the investor to present it to
the competent agencies for assessment, approval and implementation of project.
Article 21. Authority to
approve investment for project of new urban center construction investment
1. The Prime Minister shall decide on investment
approval after obtaining the appraisal opinion of the Ministry of Construction
for the following cases:
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b) Project within the administrative boundaries
of two or more provinces or area Having important implications on security and
national defense.
2. Provincial-level People's Committee shall
decide on investment approval for the projects with the land use scale from 20
hectares to less than 100 hectares after obtaining written consent of the
Ministry of Construction.
3. Provincial-level People's Committee shall
decide on investment approval of the remaining projects.
Article 22. Authority to
approve investment for urban area reconstruction project.
1. The Prime Minister shall decide on investment
approval after obtaining the appraisal opinion of the Ministry of Construction
for the projects with the land use scale of 50 hectares or more and the projects
located in the area with important implications security and national defence.
2. Provincial-level People's Committee shall
decide on investment approval after obtaining the written consent of the
Ministry of Construction for the projects with the scale of land use from 10
hectares to 50 hectares; projects in the area with restricted development or
historical inner city (identified in the general planning schemes) of special
grade urban center; projects under the scope of protection of the remains which
are recognized as national, special national-level heritage.
3. Provincial-level People's Committee shall
decide on investment approval for the remaining projects.
Article 23. Authority to
approve investment for conservation and refurbishment project of urban area.
1. Provincial-level People's Committee shall
decide on investment approval after obtaining the written consent of the
Ministry of Construction for the following cases:
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b) Project in the area with restricted
development or historical inner city (identified in the general planning
scheme) of special grade urban center.
2. Provincial-level People's Committee shall
decide on investment approval for the remaining projects.
Article 24. Authority to
approve investment for renovation and refurbishment project of urban area.
Provincial-level People's Committee shall decide
on investment approval for the above projects regardless of size under
regulation of the law on construction, this Decree and relevant laws.
Article 25. Authority to
approve investment for mixed urban area construction investment projects
1. Following the regulations applicable to urban
reconstruction project if the project boundary includes:
a) Area of reconstruction of project has scale
of land use from 10 hectares or more.
b) Area of reconstruction of project is located
in: area with important implication on security and national defence; area with
restricted development or historical inner city (identified in general planning
scheme) of special grade urban center, urban center with remains recognized as national-level
or special national-level heritage by the competent authority.
2. Implementing under regulations as for new
urban area construction investment project for the remaining projects.
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Article 26. Dossier to
propose investment approval
Dossier includes:
1. Written proposal for investment approval of
project implementation.
2. Decision on approving the result of the
selection of investor or decision on investor appointment or documents
certifying the use land right in case the investor is the owner of the land
area of the project.
3. Project dossier is specified in Article 32
(excluding: miniature model of the project area as specified in Clause 3 of
Article 32).
4. Attached legal documents: Decision on
approval of urban development area and implementation plan for urban
development area; dossier of detailed planning; dossier to prove investor’s
financial capacity, appropriate investment experience and management for
project implementation and other relevant legal documents.
Article 27. Time limit for
appraisal of dossier to propose and decide on investment approval
1. For projects under the authority to decide on
investment approval of the provincial-level People's Committee without
consulting the Ministry of Construction, the provincial-level People's
Committee shall appraise and decide on investment approval, the time limit is
45 working days maximally from the date of receipt of valid 10 dossiers from
investor as specified in Article 26 of this Decree.
2. For projects under the authority to decide on
investment approval of the provincial-level People's Committee with the
consultation from the Ministry of Construction: Within 07 days from the date of
full receipt of 16 sets of valid dossier as specified in Article 26 of this
Decree, the provincial-level People's Committee shall send written consultation
together with 01 dossier to the Ministry of Construction. Within 15 working
days from the date of receipt of official dispatch for consultation, the
Ministry of Construction shall reply in writing to the provincial-level
People's Committee under the contents specified in Article 28 of this Decree.
In case of necessity, the Ministry of Construction shall consult the
Ministries, sectors concerned. For projects in this case, the time limit for
reply in writing from the Ministry of Construction shall not exceed 30 working
days from the date of receipt of official dispatch for consultation. The time
limit for decision of provincial-level People's Committee is 15 working days
from the date of receipt of written reply from the Ministry of Construction.
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Article 28. Content of
consultation on proposal of investment approval for project implementation.
1. The compliance with urban planning, urban
development programs, urban development area and implementation plan for urban
development area have been approved by the competent authority; the compliance
with the regulations of the relevant laws.
2. The factors ensure the feasibility and
effectiveness of the project, including: the need for investment; project
progress; social and economic efficiency of the projects associated with
security and national defence.
Article 29. Appraisal
content of proposal for investment approval for project implementation
1. Factors ensuring the compliance of the
project with the urban planning, program for urban development, investment
development area and implementation plan for urban development area have been
approved by the competent authority, the consistency with limits on the size of
the population of the project area, the compliance with the regulations of
relevant laws.
2. Factors ensuring the feasibility of project
include: Demand for land use, natural resources (if any); factors affecting
projects such as national defense, security and environment.
3. Factors ensuring the effectiveness of the
project include: the need for investment; project progress; socio-economic
efficiency of the project.
Article 30. Content of
Decision on investment approval
Decision on investment approval has the main
contents as follows:
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2. Location, boundaries, land area of the entire
project;
3. Objectives of the project;
4. Investment form;
5. Preliminary content of the project (work,
products, etc.);
6. Estimated total investment;
7. Investment capital;
8. Time and progress for expected implementation;
investment phases (if any);
9. Method of allocation or lease of land,
transfer of land use right (if any);
10. Land for construction of social housing,
rental housing or financial contributions (if any);
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12. Provisions for the parties involved in
construction management, operations, sales and transfer of works;
13. Decisions on support, incentives of the
State for the project as prescribed;
14. Obligations of investors to the State and locality;
15. Estimated administrative unit for the
project, regulations on coordination of administrative management,
administrative transfer, security and public services between investor and
local agencies involved in the implementation process until the completion of
the project.
Article 31. Foundation to
set up project
1. General planning, subdivision planning and
detailed planning;
2. Implementation plan for urban development
area.
3. Decision on approval for the result of the
selection of investor or decision on investor appointment, or documents
certifying the land use right in case the investor is the owner the land lot of
the project.
4. Other relevant legal documents
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1. Explanation about project with the main
contents as follows:
a) Necessity and legal foundation of the
project;
b) Form of investment and investor;
c) Size, area, surface boundary and the current
conditions of the land lot;
d) Plan for site clearance and resettlement and
vocational training support, job search for workers in the site clearance area;
e) The number and percentage of different types
of houses, apartments, plans for product consumption; solutions and plans for
the implementation of public services and other urban services;
g) Explanation about economic and technical
investment, the business plans for capital recovery; total investment;
effectiveness of social and economic investment; Specifying the allocation and
transfer of land use right, land lease or use of land fund to generate capital
to build infrastructure to determine the source of capital for stages of
investment and business;
g) Explanation about capacity and experience of
investor about finance, investment and appropriate management for project
implementation;
h) Method of implementation
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- Investment phase, progress and method of
implementation.
2. Dossier of basic design of the project.
3. Dossier of urban design and miniature model
of project area.
4. Dossier of component project in service of resettlement
and site clearance (if any).
5. Coordinating contents between investor and
local authority as follows:
a) Investment in building infrastructure
projects outside the fence and technical infrastructure of the State through
the project area;
b) Investment in building administrative offices
and social infrastructure (if any);
c) Infrastructural items transferred without
compensation (if any) and the progress of the transfer;
d) Responsibility for providing public services
and other urban services;
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g) Proposals for support and incentives for the
project;
g) Proposal for administrative management, new
administrative units and plan to for transfer of administrative management to
the local authorities (if any).
Article 33. Adjustment of
project
1. Where investors have request for change and
addition of one of the following contents: objectives, scale, land-use
functions, product structure, there must be a report together with 05 sets of
dossier of project adjustment for submission to the competent agency for
investment approval.
2. The competent agency for investment approval
of the project shall have the authority to consider and give written reply to
the change and addition of contents of the project specified in Clause 1 of
this Article. The time limit for consideration and reply in writing is within
30 working days from the date of receipt of dossier of project.
3. For projects subject to consultation or
appraisal by the Ministry of Construction, before submission to the competent
authority for consideration and approval, the investor must submit 03 sets of
dossier to the Ministry of Construction for consultation. The time limit for
consideration and reply of the Ministry of Construction shall not exceed 15
working days from the date of receipt of documents and dossier of the project
from the investor. In case the Ministry of Construction must consult the
relevant Ministries and sectors, the total review time to answer shall not to
exceed 30 working days from the date of receipt of documents and dossier of the
project from the investor.
4. The adjustment, appraisal and approval of the
project after adjustments are made under regulations of the law on construction
and relevant laws.
Article 34. Progress of
project implementation.
1. The organization of the project
implementation shall ensure the progress of the project and progress of the
general implementation of the whole urban development area.
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3. The handling of the case of violation of the
progress of the project shall comply with the regulations of the law on
construction, land and related laws.
Article 35. Investment in
building social infrastructure
1. Investors must build comprehensive social
infrastructure, with the schedule in line with the housing building, ensuring
quality of service to meet the needs of the people to live.
2. Where the local government directly invests
in the construction of social infrastructure in urban centers with funds from
the State budget, the unit assigned by the State to be the investor of works
construction must implement the construction of these works in line with
progress of the approved project and ensure the consistency of the overall
project as secondary investor.
3. Where the local government can not allocate
budget to build this project in accordance with the original plan of the
project, the investor shall implement the construction construction investment
of these works in appropriate form (such as BT, BOO ...).
Article 36. Completing,
transferring and putting works into operation and use
1. Procedures for works completion:
a) The acceptance of completed works shall
comply with the regulations of the law on quality management of construction
works;
b) The filing of the work is done in accordance
with the law for storage, law on construction law and other relevant laws.
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3. Transferring and operating technical
infrastructure and social infrastructure
a) For works of technical infrastructure and
social infrastructure completed, the investor shall be entitled to operate or transfer
it to the receiving party to manage and operate in accordance with the original
objectives of the project.
The investor shall take responsiblity for the
quality of works and must guarantee the transferred works in accordance with
the law. For works used, before the transfer, conduct assessment of the
quality, value and complete the necessary maintenance work.
b) For works of technical infrastructure and
social infrastructure not transferred or not yet transferred, the investor is
responsible for management and ensure quality of operation.
c) The receiving party of transfer is
responsible for managing and operating works in accordance with the function
and maintaining works under the regulations of the law on construction.
For works of which the receiving party of
transfer has been identified in the content of project, that party has the
right and obligation to manage the quality and accept the works during the
construction until it is completed, transferred and put into operation.
d) The procedures for works transfer shall
comply with regulations of law together with as-built dossier and estimate of
works construction investment.
4. For works which need the transfer of
administrative management to the local authorities, the investor must plan and
implement the transfer of administrative management to the local authorities
under the provisions of Article 38 of this Decree. While it is not possible to
make the transfer of the entire project, the investor must coordinate with the
local administrative management units to deal with the administrative
procedures for households moving in.
Article 37. Urban services
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2. Local authorities are responsible for
preparing the necessary conditions and direct the transfer of the management
and operation of urban services to organizations, business managing
professional services.
Article 38. Transfer of
administrative management
1. Based on the progress of the investment,
construction and business of the project, the investor shall coordinate with
the local government to make plan to transfer administrative management in the
project area, submitting it to the competent authorities for approval so that
the parties concerned can implement it, including:
a) The coordination of administrative management
between the investor with administrative management unit in the period of no
transfer identified in the Decision on investment approval.
b) Transfer of management upon completion of
works construction and operation and use as prescribed.
c) Transfer of administrative management upon
completion of the entire project.
2. The Service of Home Affairs and the
district-level People's Committee shall direct the transfer of administrative
management at the request of the investor and the approved plan. The order and
procedures for transfer of administrative management shall comply with the
regulations of the law on the organization and operation of local government.
3. Transfer deadline is no later than 3 months
after the end of the project by the investor as well as completion of other
responsibilities as prescribed by law.
4. Administrative management units must notify
the head office and organize the structure consistent with the transferred
management scale to implement administrative management to ensure the rights of
moving-in residents.
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1. Investors may mobilize capital as prescribed
by law in order to implement the project in accordance with the content and
progress of the project approved.
2. Products of the project include: land with
infrastructure, housing (villas, attached houses, apartments), infrastructural
works and other works.
3. The business of the project products must
comply with the provisions of this Decree, the law on real estate business, law
on housing and the relevant laws.
SECTION 2. URBAN WORKS
CONSTRUCTION INVESTMENT PROJECT
Article 40. Management and
implementation of construction investment for urban works construction
investment projects
1. The urban works construction investment
projects are implemented as prescribed by law on construction.
2. For special urban centers: the works
construction investment projects in areas with restricted development or
historical inner city (identified in the general planning scheme), before the
approval of project from the competent authority, the provincial-level People's
Committee shall take the written consent of the Ministry of Construction on the
contents specified in Clause 3 of this Article.
3. Consultation contents of the Ministry of
Construction
a) The compliance with urban planning, urban
development area and implementation plan for urban development area has been
approved by the competent authority; the compliance with the regulations of
relevant laws;
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4. For projects specified in Clause 2 of this
Article, within 7 days from the date of receipt of official dispatch from the
investors and 15 sets of dossier of the project (specified by law on the
management of works construction investment projects), the provincial-level
People's Committee shall send written consultation (accompanied by 01 set of
dossier of the project), to the Ministry of Construction. Within a maximum of
15 working days from the date of receipt of the official dispatch for
consultation, the Ministry of Construction has written reply to the
provincial-level People's Committees in accordance with the contents specified
in Clause 3 of this Article. The provincial-level People's Committees shall
have the written approval so that the investor can carry out the project within
a maximum of 15 days from the date of receipt of the written consent of the
Ministry of Construction.
5. For conservation and refurbishment project of
cultural heritage works
a) The project implementation does not
absolutely change or damage the value of cultural, architectural and
historical…values of original works;
b) The preparation, appraisal, approval and
development of implementing conservation and refurbishment projects in the
urban development area shall comply with the regulations of the law on cultural
heritage, law on construction, this Decree and relevant laws;
c) For conservation and refurbishment projects
for works ranked as national remains and special national remains, within 7
days from the date of receipt of the report submission and 10 sets of dossier
of investor, the provincial-level People's Committee shall seek the written
consent of the Ministry of Construction before the agency with authority to
approve the project. Within a maximum of 15 working days from the date of
receiving the official dispatch for consultation, the Ministry of Construction
is responsible for response of the contents specified in Clause 3 of this
Article;
d) For conservation and refurbishment projects
ranked as provincial-level remains, the investors should consult the Services:
Planning and Architecture, Construction, Culture, Sports and Tourism for the
submission to the competent authorities before approval of the project. Within
a maximum of 15 working days from the date of receiving the official dispatch
for consultation and the project dossier, the Services said above shall reply
in writing.
Chapter 4.
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCY
Article 41. Ministry of
Construction
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2. Building orientation, strategies, master
plans for development of national urban systems, programs, national key
projects of urban development, objectives in the field of urban development in
the task of socio-economic development of the country in each period for the
submission to the Prime Minister for approval and implementation.
3. Developing and submitting to the competent
authorities for promulgation or promulgating under the authority the mechanism,
policies, legal documents on management of urban development investment,
policies, management solution of urbanization process, urban development
management models and guidance and inspection of the implementation.
4. Assuming the prime responsibility and
coordinating with relevant ministries and sectors and localities to control the
urban development process to ensure the compliance with the master plan for
development of national urban system, urban planning and urban development
plans approved by the competent authority.
5. Assuming the prime responsibility and
coordinating with relevant ministries and sectors to appraise the planning
schemes under the approval authority of the Prime Minister specified in Clause
2, Article 7 of this Decree.
6. Having the consent in writing for the
approval of subdivision planning schemes from the provincial-level People's
Committee as specified in Clause 4, Article 7 of this Decree.
7. Assuming the prime responsibility and
coordinating with relevant ministries and sectors to appraise the proposal for
urban development areas under the decision authority of the Prime Minister
specified in Clause 1, Article 9 of this Decree.
8. Assuming the prime responsibility and
coordinating with relevant ministries and sectors to appraise the proposal for
urban development investment projects under the approval authority of the Prime
Minister in accordance with Clause 1 Article 21, Clause 1, Article 22 of this
Decree; have consent in writing for the investment approval of urban
development projects from the provincial-level People's Committee as specified
in Clause 2, Article 21, Clause 2, Article 22 and Clause 1, Article 23 of this
Decree.
9. Having the consent in writing for the
investment approval of urban works construction investment projects from the
provincial-level People's Committee as specified in Clause 2, Article 40 of
this Decree.
10. Organizing the building and management of
database system, providing information on urban development nationwide.
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12. Performing other tasks on the management of
urban development investment assigned or authorized by the Government or the
Prime Minister.
Article 42. Ministry of
Planning and Investment
1. Assuming the prime responsibility and
coordinating with the Ministry of Construction, the Ministry of Finance to plan
the allocation of capital for construction of investment projects of urban
development invested by the central budget; ODA mobilization for programs and
projects to support the urban development, renovation of upgrading.
2. Assuming the prime responsibility and
coordinating with the ministries and sectors concerned in guiding the
localities to implement the investment incentives for the urban development
investment projects.
Article 43. Ministry of
Finance
Assuming the prime responsibility and
coordinating with the ministries and sectors concerned in building and guiding
the implementation of incentives relating to the policies of finance and tax
for the urban development investment projects.
Article 44. Ministry of
Natural Resources and Environment
1. Inspecting, urging and guiding localities on
the review, adjustment, addition of planning, land use plan and preparing land
for building urban development investment projects.
2. Specifically guiding the use of land for
urban development, minimum resettlement portion and guiding the implementation
of land incentives for urban development investment projects.
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1. Preparing and managing sector planning by
functions and tasks assigned by the Government as a basis for urban
development.
2. Implementing the State management function
under the authority for urban development investment projects.
Article 46.
Provincial-level People’s Committee
1. Uniformly managing urban development in the
area; building apparatus capable to meet state management requirements
consistent with actual urban development.
2. Directing the review and assessment and
identifying urban development areas, planning the implementation of urban
development area, establishing management Board of urban development area;
ensuring a reasonable and effective transition in the short term period and
sustainable urban development in the future; calling for investment for urban
development investment projects at localities.
3. Conducting the site clearance in accordance
with the law; and establishing management organization and developing urban
land fund.
4. Setting up housing relocation and temporary
housing fund for the clearance of the budget-funded projects as well as
projects using other funding sources.
5. Building technical infrastructure outside the
project boundary to ensure synchronous link with the urban framework technical
infrastructure.
6. Directing the receipt of transfer and
organizing the administrative apparatus upon receiving the transfer of urban
development projects.
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8. Assuming the prime responsibility and
coordinating with the Ministry of Natural Resources and Environment, Ministry
of Construction to review, adjust or supplement the planning and land use plans
to allocate land for urban development.
9. Specifying mechanism of encouragement and
incentives to call for economic sectors to invest in urban development.
10. Inspecting, examining and handling
violations under the authority.
Chapter 5.
TRANSITIONAL PROCESSING
Article 47. General
principle
The transitional processing of regulations on
management of urban development investment is implemented made from the
effective date of this Decree and in accordance with the following principles:
1. Re-establishing order in the urban
development: Investment in construction in accordance with the orientation of
national urban development, general planning, subdivision planning approved and
ensuring the synchronous connection of the projects in each urban development
area;
2. Ensuring the implementation of urban
development investment projects in according with the plan for implementation
of urban development area approved, overcoming the spontaneous and redundant
development causing waste of land and social resources;
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Article 48. Transitional
processing of regulations on urban planning and identification of urban
development area
1. Where the urban cities have approved urban
master plan but no subdivision planning, detailed planning and urban design,
urban development program from the effective date of this Decree, the
provincial-level People’s Committee must direct the subdivision planning,
detailed planning, urban design, regulation on architectural planning
management and urban development program for approval in accordance with the
law on urban planning and as a basis for determining the urban development area
and making implementation plans as specified in Article 8 of this Decree.
2. Where the urban centers already have general
planning, subdivision planning and urban development programs approved but not
yet identifying the urban development area from the effective date of this
Decree, the provincial-level People's Committees shall direct the determination
of urban development area; approving under the authority or submitting to the
competent authorities for decision in accordance with the provisions of Article
9 and setting up management Board of urban development area in accordance with
the provisions of Article 13 of this Decree.
Article 49. Transitional
processing for projects assigned on the basis of compliance with general
planning and subdivision planning approved by the competent authority
1. Provincial-level People's Committee shall
direct the review and addition of project to the list of projects of urban
development area, ensure the projects comply with the implementation plan for
urban development area and the provisions in this Decree.
2. For investment projects to build housing
urban area: the provincial-level People's Committees shall direct the review
and adjustment to ensure the projects comply with the rate of land area for
social housing under the regulations on housing and the relevant laws.
Article 50. Transitional
processing for projects assigned prior to general planning, subdivision
planning approved by the competent authority.
Provincial-level People's Committee shall direct
the review, classification and implementation of the transition processing for
each case as follows:
1. Projects in accordance with the general
planning and subdivision planning approved: Follow the provisions of Article 49
of this Decree.
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a) Where the project without implementation of
construction investment or with a portion of technical infrastructure: the
provincial-level People's Committees shall direct review and adjustment of the
project to fit with the general planning, subdivision planning and manage the
implementation of project investment under the provisions of this Decree and relevant
laws;
b) Where the project has completed the
construction of technical infrastructure: the provincial-level People's
Committees shall direct the review and inspection of the connection of
infrastructure; adjust the project to suit the general planning, subdivision
planning and ensure the connection to the common infrastructure of the area;
adjust the project schedule according to the implementation plan for urban
development area;
c) Where the project has completed the
construction of technical infrastructure and is implementing the works
construction investment: the provincial-level People's Committees shall direct
the review and adjustment of the portions of area with unrealized
implementation of construction investment to fit with the general planning,
subdivision planning; housing structural adjustment of the projects according
to market demand; adjust the progress of the project according to the
implementation plan for urban development area;
d) Where the project has been completed with the
crude building: the provincial-level People's Committee shall direct the review
and require the investors to focus on improving the social infrastructure and
other works to put the project into operation and use.
3. For projects in the urban centers with
general planning under the approval authority of the Prime Minister, when
adjusting the projects specified at Points a, b and c, Clause 2 of this
Article, before submitting the project to the competent authority for approval,
the investor must submit 03 sets of adjusted project dossier to the Ministry of
Construction to have the consent in writing of the following contents: the
compatibility with urban planning, urban development area and implementation
plan for urban development area approved by the competent authority; the
compliance with the relevant regulations of relevant laws. The time limit to
review and reply in writing shall not exceed 30 working days from the date of
receipt of the written consultation, adjusted project dossier and relevant
legal documents.
4. In case of projects of urban housing
construction investment, the provisions in Clause 2, Article 49 of this Decree
shall be implemented at the same time.
Article 51. Transitional
processing for projects under the provisions of Clause 1 and 2 of Article 21,
22; Clause 1, Article 23; Clause 2, Article 40
For projects subject to the scope mentioned
above whose investment has been approved prior to the effective date of this
Decree, in case the project is adjusted with the contents specified in Clause
1, Article 33, prior to approval of adjust project, the investor shall submit
03 sets of dossier of adjusted project to the Ministry of Construction to have
the consent in writing of the following contents: the compatibility with urban
planning, urban development area and implementation plan for urban development
area approved by the competent authority; compliance with the regulations of
relevant law. The time limit for consideration and reply from the Ministry of
Construction shall not exceed 15 working days from the date of receiving the
written consultation, adjusted project dossier and relevant legal documents.
Chapter 6.
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Article 52. Implementation
organization
The Ministers, heads of ministerial-level
agencies, the heads of the agencies under the Government, Chairman of the
People's Committees of centrally-affiliated provinces and cities, heads of
political, socio-political organizations, social-political-professional
organizations and other relevant organizations and individuals shall implement
this Decree.
Article 53. Effect
1. This Decree takes effect from March 1, 2013.
2. This Decree replaces Decree No. 02/2006/ND-CP
dated January 05, 2006 of the Government.
3. The provisions of the Government on the
investment activities of urban development have been issued prior to the
effective date of this Decree, if they are different from the provisions of
this Decree, the provisions of this Decree shall apply./.
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