MINISTRY OF CONSTRUCTION OF VIETNAM
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 15/VBHN-BXD
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Hanoi, October 12, 2023
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DECREE
MANAGEMENT OF INVESTMENT IN URBAN DEVELOPMENT
Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013 on management of investment in urban development, which
comes into force from March 01, 2013, is amended by:
(1) Government’s Decree
No. 100/2018/ND-CP dated July 16, 2018 on amendments to and annulment of some
regulations on necessary business conditions in fields under the management of
the Ministry of Construction, which comes into force from September 15, 2018;
(2) Government’s Decree
No. 31/2021/ND-CP dated March 26, 2021 on elaboration of some Articles of the
Law on Investment, which comes into force from March 26, 2021;
(3) Government’s Decree
No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees
in fields under state management of the Ministry of Construction, which comes
into force from June 20, 2023;
Pursuant to the Law on
Government Organization of Vietnam dated December 25, 2001;
Pursuant to the Law on
Construction dated November 26, 2003; 2009 Law No. 38/2009/QH12 on amendments
to a number of Articles of laws related to capital construction investment
dated June 19, 2009;
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Pursuant to the Law on
Urban Planning dated June 17, 2009;
At the request of the
Minister of Construction [1];
The Government
promulgates Decree on management of investment in urban development,
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope and regulated entities
1. Scope
This Decree provides for
activities related to investment in urban development, including: urban
planning; preparation and disclosure of plans to deploy areas of urban
development; investment in construction, operation and transfer of projects on
investment in urban development.
2. Regulated entities:
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Article
2. Interpretation of terms
For the purposes of this
Decree, the terms below are construed as follows:
1. “Urban development
area” means an area identified for investment in urban development in a
certain period. Urban development areas include areas for new urban
development, areas for urban expansion, areas for renovation, areas for
preservation, areas for urban reformation and areas for specialized functions.
An urban development area
may include one or more urban functional zones. An urban development area may
be within administrative boundaries of one or more provinces or cities.
An urban development area may be included in one or more urban
development investment projects.
2. “Area for new urban
development” means an area where a new urban area is expected to be formed
in the future under urban planning approved by the competent authority and
under investment in new construction in synchronization with urban
infrastructure.
3. “Area for urban
expansion” means an urban development area which consists of existing urban
area and new urban area with a synchronous connection with urban
infrastructure.
4. “Area for urban
renovation" means an urban development area which is invested in
construction to improve the quality of existing urban area without alteration
to the basic urban structure.
5. “Area for urban
preservation” means an urban development area with a view to preserving and
refurbishing urban historical and cultural values.
6. "Area for
urban reformation” means an urban development area which is newly built on
foundations of the old buildings demolished of the existing urban area.
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8.[2] “Urban
development investment project” includes urban area construction investment
project and project on investment in construction of works in the urban area.
9.[3] “Urban
area construction investment project” means a project specified in Clause
15a, Article 3 of the Law on Construction No. 50/2014/QH13 amended by Point dd,
Clause 1, Article 1 of Law No. 62/2020/QH14.
10. ”Project on
investment in construction of works” in an urban area is a new construction
investment project with a view to either expanding or renovating and
refurbishing of architectural buildings and technical infrastructure.
11. (Annulled) [4]
12.[5] “Level 1
investor” is a person who invests in the urban area construction investment
project as prescribed by the law on construction and the law on housing.
13. “Secondary
investor” is a level 2 investor or an investor of subsequent levels
involved in urban development investment project through the lease, transfer or
receipt of land use right with infrastructure under the project on investment
in construction of works.
14. “Urban services”
are public services provided in urban areas, including management, operation
and maintenance of the system of technical infrastructure; environmental
protection and hygiene; park and tree management; urban lighting, water supply
and drainage; management of apartment buildings; 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. Principles of urban development investment
1.[6] Ensuring conformity
with national planning, regional planning, provincial planning, technical and
specialized planning, complying with construction planning, urban planning, and
urban development construction planning implementation programs and plans.”.
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3. Exploiting and using
resources in an economical and efficient manner; carrying out environmental protection
and making response to climate change and natural disasters aimed at
sustainable development.
4. Creating a good living
environment for urban residents; protecting the interests of the community in
conformity with the interests of the State and investors.
5. Preserving and
promoting the national cultural identity, preserving and refurbishing cultural
and historical relics.
Article
3a. Urban development program [7]
1. Urban development
program is a collection of tasks, solutions, programs, schemes and projects
with a view to achieving urban development objectives in each period according
to the provincial planning, urban general planning formulated for the following
areas:
a) Provinces and
central-affiliated cities;
b) Cities and townships
of provinces or central-affiliated cities; district townships;
c) Areas where new urban
areas are expected to be established.
2. The urban development
program shall meet the following requirements:
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b) Being synchronous with
technical and specialized planning, orientations, strategies, programs and
plans of other sectors and fields related to urban development.
3. The urban development
program shall include some or all contents. To be specific:
a) Urban development
targets in each period of 5 years and 10 years; concretized contents by each
year in the first 5 years of the program;
b) Programs and projects
on investment in construction and development of prioritized infrastructure and
urban landscape architecture which satisfy criteria and standards of urban
classification;
c) Programs and plans for
the development of areas that have been identified according to urban planning,
urban development areas (if any) for focus on investment in the formation of
technical and social infrastructure and urban landscape architecture according
to each period in synchronous manner;
d) Key programs and
projects for gradual implementation of sustainable urban development;
dd) Resources and use of
resources, solutions, list and priority order of urban development investment
projects using public investment capital and other capital sources, expected
results according to annual, 5-year and 10-year timeframes;
e) Responsibilities for
organization, inspection and supervision of the implementation of urban
development programs.
4. Urban development
programs of provinces and central-affiliated cities shall include the following
contents:
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b) Regarding urban
development programs of central-affiliated cities: contents specified at Point
a of this Clause and Point b, Clause 3 of this Article; Point c, Clause 3 of
this Article, for districts and areas where the expansion of districts or the
establishment of new districts is planned.
5. Urban development
programs of cities and townships of provinces or central-affiliated cities;
district townships shall include the following contents
a) Regarding urban
development programs of cities and townships of provinces or central-affiliated
cities: contents specified in Clause 3 of this Article;
b) Regarding urban
development programs of district townships: some or all contents specified in
Clause 3 of this Article. The contents specified at Points a, b and e, Clause 3
of this Article shall be also implemented.
6. Urban development
programs of areas where new urban areas are expected to be established shall
include the following contents
a) Regarding urban
development programs of areas where central-affiliated cities are expected to
be established: contents specified at Point b, Clause 3, Point a, Clause 4 of
this Article; Point b, Clause 3 of this Article, for areas where districts and
wards under districts are expected to be established according to the approved
urban planning;
b) Regarding urban
development programs of areas where new urban areas are expected to be
established other than areas specified in Point a of this Clause: some or all
contents specified in Clause 3 of this Article. The contents specified at
Points a, b and e, Clause 3 of this Article shall be also implemented.
7. It is required to
follow the following procedures for formulation, appraisal and approval for
urban development programs
a) Provincial People's
Committees shall assign their specialized agencies to organize the formulation,
collection of opinions and send them to agencies specified at Point c of this
Clause to appraise urban development programs for provinces and
central-affiliated cities, areas where central-affiliated cities are expected
to be established;
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c) Provincial People's
Committees shall assign Departments of Construction or Departments of Planning
and Architecture (for Hanoi and Ho Chi Minh City) to organize the appraisal of
urban development programs;
d) Agencies formulating
urban development programs shall submit them to provincial People's Committees
for approval. Provincial People's Committees shall report to provincial
People's Councils before approving urban development programs with regard to
those of provinces, central-affiliated cities, and areas where central-affiliated
cities are expected to be established and cities classified or expected to be
classified as urban areas of grades I and II;
dd) Provincial and
district People's Committees shall allocate funds for formulation and appraisal
of urban development programs from the state budget or other lawful capital
sources.
8. The urban development
program shall be reviewed, adjusted or made according to results of the review,
synthesis and evaluation of the implementation after each period of 5 years or
after competent authorities promulgate new objectives for urban development or
approve planning, strategies, programs and plans specified at Point a, Clause 2
of this Article.
9. The Minister of
Construction shall elaborate this Article.
Article
4. Land reserved for urban development
1. (Annulled) [8]
2. Provincial People's
Committee shall, according to urban planning and urban development programs,
plans for urban development area implementation, land use plan approved by the
competent authority, direct organizations to provide land for disclosed urban
development investment projects in the urban development area.
3. Provincial and
district-level People's Committees as decentralized shall organize the
implementation or direct the investor to carry out the compensation, assistance
and resettlement upon land recovery as prescribed by the land law.
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5. The recovery of the
whole or part of the land allocated or leased for urban development investment
projects which have not been implemented or have fallen behind schedule shall
comply with land laws.
6. Land for construction
of public housing and resettlement housing shall be identified as soon as the
subdivision planning scheme and detailed planning have been formulated and
approved.
7. [9] Provincial
People's Committee shall specify the areas permitted to execute the transfer of
land use right in form of dividing lots, selling vacant land for people to
build their own houses under detailed planning of the project which has been
approved, thereby meeting regulations of the law on land, housing, real estate
trading and the following regulations:
a) The project is
consistent with all levels of urban planning; the infrastructure construction
investment of the whole project is completed or the infrastructure construction
investment is completed according to the approved investment phasing; the
construction of housing shall follow the approved project's contents and
schedule;
b) Areas in the project
are not areas with strict requirements concerning landscape architecture,
frontages of regional- or higher-level roads and main landscape roads in
cities, downtown areas, and proximities of facilities that serve as prominent
architectural points of cities. Provincial People's Committee shall, according
to urban planning, each urban development program for each urban area, approved
regulations on architecture management and national technical regulations on
planning for construction, infrastructure and urban areas, specify the areas
permitted to execute the transfer of land use right in form of dividing lots,
selling vacant land for people to build their own houses.
Article
5. Investment capital for urban development
1. The investment capital
for urban development areas is derived from the state budget, official
development aid (ODA) and capital from other economic sectors.
2. Provincial People's
Committees are entitled to use existing investment funds (including: local
development investment fund, land development fund, infrastructure development
fund, housing development funds, etc.) to create investment funds for urban
development areas.
Article
6. Encouragement, support and incentive for projects on investment in urban
development
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a) Investing in
construction of framework technical infrastructure and social infrastructure to
serve the public interest without capital recovery and not in the list of the
buildings in which investors are required to invest;
b) Investing in
construction of social housing, relocation housing and renovation and
reconstruction of residential areas and old apartment buildings 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 shall
formulate supporting policies, including:
a) Promptly publishing
and providing free-of-charge information on the planning and deployment plan
for urban development areas.
b) Supporting investment
in projects on increase in the capacity of public services for urban
development areas.
3. Other incentive cases
as prescribed by laws.
Chapter
II
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Article
7. Requirements for preparation, appraisal and approval for urban planning
1. The preparation,
appraisal and approval for construction planning, and urban planning shall
comply with the Law on Construction, Law on Urban Planning, and related guiding
documents.
2. (Annulled) [10]
3. (Annulled) [11]
4. (Annulled) [12]
5. (Annulled) [13]
Article
8. Responsibility for preparation of applications for urban development areas
Provincial People's
Committees shall, according to national planning, regional planning, provincial
planning [14], regional construction planning, general urban planning,
subdivision planning, and urban development program, prepare applications for
urban development areas and then submit them to the Prime Minister of Vietnam
for decision or decide urban development areas within their jurisdiction as
specified in Article 9 of this Decree.
Article
9. Authority to decide urban development areas
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a) (Annulled) [15]
b) Urban development
areas within the administrative boundaries of two or more provinces;
c) (Annulled) [16]
d) Urban development
areas with important implications for security and national defense.
2. Provincial People's
Committees shall decide the remaining urban development areas.
3. Appraisal contents for
proposal of urban development areas:
a) Conformity with
national planning, regional planning, provincial planning [17],
orientation of planning for rural and urban systems [18], and plannings
and development strategies of other sectors in association with national
security;
b) Conformity with
general planning, subdivision planning, and urban development programs which
have been approved;
c) Feasibility of
implementation plans for urban development areas.
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5. The duration for
appraisal of these applications shall not exceed 30 working days.
6. Contents of the Draft
Decision on approval for urban development areas shall comply with the form
prescribed in the Appendix enclosed with this Decree.
Article
10. Contents of an application for urban development area
1. Report.
2. Summary report on the
expected urban development area:
a) Name of the urban
development area;
b) Location and
boundaries of the urban development area (with schematic illustration);
c) Description of the
current state of the urban development area;
d) Explanation about the
foundation of the urban development area;
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e) Introduction of basic
contents of the approved urban planning;
g) Implementation plan
for the urban development area;
h) Estimated duration for
implementation;
i) Preliminary estimates
and expected investment resources for urban development;
k) [19] Proposal for
the form of management according to regulations in Article 13 of this Decree.
Article
11. Contents of implementation plan for urban development area
1. Determination of the
list of projects in the urban development area on the basis of the subdivision planning
for level IV urban areas or higher and the general planning for level V urban
areas and specific functional areas.
2. Determination of the
order of investment in construction and implementation progress of urban
development investment projects, thereby ensuring that projects on framework
technical infrastructure works and some urgent social infrastructure works of
the area are implemented before component projects are carried out.
3. Relocation and
resettlement plans.
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5. Organization of
management and implementation under capital mobilization models.
Article
12. Disclosure of urban development areas and implementation plans
1. Within 30 days after
the decision on approval for the urban development areas, Provincial People's
Committees shall disclose urban development areas and implementation plans,
provide information, and enable investors to invest in urban development
projects.
2. The disclosure of
urban development areas and the implementation plans shall be performed through
mass media and other means according to specific local conditions.
3. Main contents of the
Decision on approval for urban development areas and implementation plans for
these areas shall be disclosed so that investors know, choose, and make
decision on investment in projects.
Article 13. Management
board of urban development area [20]
1. Provincial People's
Committees shall decide to maintain or reorganize or dissolve management boards
of urban development areas or assign public service providers under their
management to take charge of performance of tasks in management of urban
development areas specified in Clause 2 of this Article. Reorganization
and dissolution of management boards of urban development areas shall comply with
the law on public service providers.
2. Tasks of management
board of urban development areas:
a) Proposing specific
contents of the urban development area implementation plan in the approved
application for urban development areas and organizing the implementation;
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c) Proposing the identification
of investment projects according to capital sources for the implementation of
urban development areas, reporting to the People's Committee of the province;
providing guidance and assisting investors in the process of investment
preparation and implementation of urban development investment project;
d) Organizing management
or being assigned to act as an investor in projects using state budget capital
in urban development areas;
dd) Monitoring,
supervising and summarizing the implementation of investment projects in urban
development areas according to project contents that have been approved;
e) Periodically or
irregularly consolidating, reporting and proposing handling of problems about
synchronous connection of framework technical infrastructure, technical
infrastructure among projects, problems arising in investment implementation
process in urban development areas to competent authorities.
g) Building the database
system, providing information on urban development areas; synthesizing and reporting
at the request of competent agencies on the implementation of investment
projects and plans for deployment of urban development areas under their
management;
h) Performing other tasks
and powers according to regulations of the law.
3. Provincial People's
Committees shall promulgate regulations on cooperation among units assigned to
manage urban development areas and affiliated specialized agencies.
4. Operational costs of
the Management Board of urban development projects are partially covered by the
state budget, the assigned funding for the management of projects, and service
revenues as prescribed by laws.
Chapter
III
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Section
1. URBAN AREA CONSTRUCTION INVESTMENT PROJECT
Article
14. Detailed planning for project
1. The preparation,
appraisal, and approval for the detailed planning for the urban area
construction investment project shall comply with urban planning laws.
2. Adjustments to the
detailed planning for project shall comply with urban planning laws and not
exceed the satisfactory capacity of the urban infrastructure system determined
in the scheme for urban planning approved without adversely affecting the urban
landscape or reducing the quality of life of local residents.
3. The preparation and
adjustment to the detailed planning for the urban development project shall
identify technical infrastructure construction space of common use to determine
the layout of lines, technical tanks, trenches, and tunnels.
Article
15. Management of construction investment implementation
The preparation,
appraisal, approval, and management of the implementation of urban area
construction investment project shall comply with construction laws, this
Decree, and relevant laws.
Article
16. (Annulled) [21]
Article
17. Obligations of a level 1 investor
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2. Implement the
investment in the construction of works according to the approved detailed
planning and progress of the approved project.
3. Invest in the
construction of technical infrastructure and social infrastructure works,
ensuring synchronization with the infrastructure system of the surrounding area
and conformity with the progress of the approved project.
4. Ensure a temporary connection
between the technical infrastructure in the project area with the technical
infrastructure system outside the scope of the project in case the latter has
not been invested according to the approved planning.
5. Fulfill requirements
of the provincial People's Committee for the contribution to the area
infrastructure development and allocation of land area with the infrastructure
to create social housing construction funds according to housing laws
6. Organize activities to
provide housing management services, technical infrastructure system, and other
urban services within the scope of the project pending the handover.
7. Manage the operation
and ensure the quality of the works which are not transferred or have not yet
been transferred to local authorities.
8. Supervise the
implementation of the construction investment of the secondary investors (if
any) in conformity with the approved detailed planning and progress of the
approved project.
9. Provide guidelines for
procedures and cooperate with the secondary investors (if any) in performing
the procedures for the transfer of land with the technical infrastructure or
other products of the project in compliance with laws.
10. Perform other
obligations as prescribed by law.
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Secondary investors shall
perform the obligations prescribed in Clauses 1 through 8, Article 17 of this
Decree.
2. Secondary investors
shall be subject to the management of level 1 investors in the construction
process, ensure compliance with the approved detailed planning, and carry out
the construction investment according to the contract signed between the two
parties, construction laws, and relevant laws.
3. Secondary investors
shall perform other obligations as prescribed by law.
Article
19. (Annulled) [22]
Article
20. (Annulled) [23]
Article
21. (Annulled) [24]
Article
22. (Annulled) [25]
Article
23. (Annulled) [26]
Article
24. (Annulled) [27]
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Article
26. (Annulled) [29]
Article
27. (Annulled) [30]
Article
28. (Annulled) [31]
Article
29. Collection of appraisal opinions on
request for approval for investment guidelines of projects on investment in
urban area construction [32]
1. The approval for
investment guidelines of projects on investment in urban area construction
shall comply with investment laws.
2. During the process of
appraisal of a project on investment in urban area construction for the purpose
of approval for investment guidelines, the Ministry of Planning and Investment
of Vietnam shall seek appraisal opinions of the Ministry of Construction of
Vietnam about contents specified in Clauses 3 and 4 of this Article with
respect to the project subject to approval for its investment guidelines by the
Prime Minister of Vietnam; the investment registration authority shall seek
appraisal opinions of the Department of Construction about contents specified
in Clauses 3 and 4 of this Article with respect to the project subject to
approval for its investment guidelines by the provincial People’s Committee.
3. Contents about which
appraisal opinions are obtained with regard to a project on investment in
construction of an urban area with residential housing:
a) Contents about which
appraisal opinions are obtained are the same as those for a housing construction
project in accordance with housing laws;
b) Assessment of
conformity of the investment project with the urban development objectives and
orientations specified in the urban development program (if any) approved by a
competent authority. If the urban development program has not yet been approved
by a competent authority, the assessment of conformity of the project with the
urban development objectives and orientations specified in the approved general
planning or provincial planning is required;
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4. Contents about which
appraisal opinions are obtained with regard to a project on investment in
construction of an urban area without residential housing:
a) Assessment of
conformity of the investment project with the detailed planning (if any) or
subdivision planning (if any). If the detailed planning or subdivision planning
has not yet been approved by a competent authority, the assessment of
conformity of the investment project with the general planning is required;
b) Contents specified in
Points b and c Clause 3 of this Article.
Article
30. (Annulled) [33]
Article
31. (Annulled) [34]
Article
32. (Annulled) [35]
Article
33. (Annulled) [36]
Article
34. Project progress
1. The organization of
implementation of the project shall ensure the progress of the project and the
general implementation of the whole urban development area.
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3. The handling of
violations of the progress of the project shall comply with construction laws,
land laws, and relevant laws.
Article
35. Investment in development of social infrastructure
1. Investors shall synchronously
develop social infrastructure by a progress in line with housing works, thereby
ensuring that the quality of services meets the needs of people coming for
residence.
2. If the local
government directly invests in the development of social infrastructure works
in urban areas with funding from the state budget, the unit assigned by the
State to act as the investor in work construction shall invest in construction
of these works in line with the progress of the approved project and ensure the
consistency of the overall project as a secondary investor.
3. If the local
government cannot allocate the budget to develop these works according to the
initial plan of the project, the investor shall invest in the construction of
such works in appropriate forms (such as BT, BOO, etc.).
Article
36. (Annulled) [38]
Article
37. (Annulled) [39]
Article
38. Transfer of management in urban area [40]
1. Transfer of management
in an urban area means transfer of the following contents between an investor
and a transferee specified in Clause 4 of this Article
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b) Rights, obligations
and responsibilities for management of construction; management of construction
order within the scope of the project; provision of urban services.
2. After completion of
construction investment, areas in the project and the whole urban area
according to investment phasing shall be managed.
3. When urban area
construction investment projects or some works in such projects are put into
operation and use or transferred for management, it is required to comply with
regulations in Article 124 of the Construction Law No. 50/2014/QH13 amended by
Clause 46, Article 1 of Law No. 62/2020/QH14.
4. The People's Committee
of province is the transferee for urban areas in the province, except for the
case where the transferee is prescribed by specialized law or the transferee is
a unit that has management competence assigned in the written approval for
investment guideline. The provincial People's Committee is decentralized and
authorized to receive management transfer in accordance with the Law on Local
Government Organization.
5. Preliminary plan and
management transfer plan in urban area
a) The preliminary management
transfer plan in an urban area is a content of the investment project proposal
or the construction investment pre-feasibility study report. The preliminary
management transfer plan in an urban area includes a preliminary proposal for
urban infrastructure retained by the investor for business investment and urban
infrastructure transferred or recommended for transfer to the local government
by the investor; a proposal for management of the contents specified at Point
b, Clause 1 of this Article, and the attached requirements and conditions (if
any); a proposal for the transferee;
b) The management
transfer plan in an urban area is a content of the construction investment
feasibility study report. The management transfer plan in an urban area
includes a proposal for management of the contents specified in Clause 1 of
this Article, the attached requirements and conditions (if any); a proposal for
the transfer time, the transferee and opinions of the expected transferee (if
any); a proposal for contents of cooperation with the local government in
investment in construction of technical infrastructure outside the fence and
technical infrastructure under management by the State across the project area;
a proposal for a plan for cooperation in administrative management before,
during and after the transfer.
6. Management transfer in
urban area and asset management and use after transfer
a) The investor shall be
responsible for making transfer according to the transfer plan in the
construction investment feasibility study report, which has been appraised by a
construction authority in accordance with the law on construction; be
responsible for the quality of works, organizing the implementation of warranty
and maintenance according to regulations of law, managing and ensuring the
quality of operation for the works that have not been transferred; providing
urban services until the transfer is completed and for urban infrastructure
retained by the investor for business investment;
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c) The transferee shall
be responsible for receiving transfer according to regulations; making
agreement with the investor and reporting the transfer results to the People's
Committee of province or district for monitoring; providing urban services or
transferring them to the agency, organization, unit or enterprise for post-transfer
management;
d) The provincial
People's Committee shall be responsible for directing and inspecting the
exercise of rights and responsibilities of related parties when transferring
management of urban areas in the province.
7. The management and use
of works and work items in urban areas invested by the State shall comply with
regulations of law on management and use of public property.
Article
39. Capital mobilization and trade in products of a project
1. Investors may mobilize
capital as prescribed by laws to implement the project according to the content
and progress of the approved project.
2. Products of the
project include land with infrastructure, housing (villas, townhouses, and
apartments), infrastructure works, and other works.
3. The trade in the
project products shall comply with this Decree, real estate business laws,
housing laws, and relevant laws.
Section
2. URBAN WORK CONSTRUCTION INVESTMENT PROJECT
Article
40. Management and implementation of investment in construction for urban work
construction investment projects
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2. (Annulled) [41]
3. (Annulled) [42]
4. (Annulled) [43]
5. (Annulled) [44]
Chapter
IV
RESPONSIBILITIES
OF STATE MANAGEMENT AGENCIES
Article
41. Ministry of Construction
1. Uniformly manage the
urban development in nationwide.
2. Develop orientations,
strategies, and planning for development of national urban and rural systems [45],
programs, national key projects on urban development, objectives in the field
of urban development in the task of socio-economic development of Vietnam in
each period, and then submit them to the Prime Minister of Vietnam for approval
and implementation.
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4. Take charge and
cooperate with relevant ministries and central and local authorities in
controlling the urban development process in order to ensure compliance with
the planning for the development of the national urban and rural systems [46],
urban planning, and urban development plans approved by competent authorities.
5. (Annulled) [47]
6. (Annulled) [48]
7. Take charge and
cooperate with concerned ministries and central authorities in appraising
proposals for urban development areas under the decision competence of the
Prime Minister of Vietnam specified in Clause 1, Article 9 of this Decree.
8. (Annulled) [49]
9. (Annulled) [50]
10. Organize the
development and management of the database system and provide information on
urban development in nationwide.
11. Provide guidance on,
inspect, settle complaints and denunciations, and handle violations in urban
development within its jurisdiction.
12. Perform other tasks
of management of urban development investment assigned or authorized by the
Government of Vietnam or the Prime Minister of Vietnam.
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1. Take charge and
cooperate with the Ministry of Construction of Vietnam and the Ministry of
Finance of Vietnam in developing plans for the allocation of construction
investment capital for projects on investment in urban development covered by
the central budget; mobilize ODA capital for programs and projects to support
the urban development, renovation, and upgradation.
2. Take charge and
cooperate with relevant ministries and central government authorities in
provide guidance for local governments on investment incentives for urban
development investment projects.
Article
43. Ministry of Finance
Take charge and cooperate
with relevant ministries and central authorities in developing and providing
guidance on the implementation of incentives related to policies on finance and
tax for urban development investment projects.
Article
44. Ministry of Natural Resources and Environment
1. Conduct inspection of,
urge and instruct local authorities to review, adjust and amend land use plans
and plannings, and prepare land funds for the development of urban development
investment projects.
2. Provide specific
guidelines on the use of land for urban development, minimum resettlement
slots, and implementation of land incentives for urban development investment
projects.
Article
45. Relevant ministries and central authorities
1. Prepare and manage sectorial
plannings by functions and tasks assigned by the Government of Vietnam as a
basis for urban development.
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Article
46. Provincial People's Committees
1. [51] Uniformly
manage urban development in the area; build apparatus capable of meeting state
management requirements consistent with actual urban development; allocate
funds from the state budget for formulation, appraisal and approval for,
according to their competence, strategies, planning, regulations, programs and
plans for urban development management, organization of the implementation of
urban development programs and investment in key technical and social
infrastructure projects.
2. [52] Direct the
review and assessment and identify urban development areas, plan the
implementation of urban development areas, organize management of urban
development area; call for investment in urban development investment projects
in their provinces.
3. [53] Conduct
the site clearance in accordance with the law; direct and organize the
implementation and periodic inspection of the transfer of land use right with
the complete infrastructure investment for people to build their own houses
under the detailed planning of the approved project.
4. Establish housing
relocation and temporary housing funds for the site clearance of the
state-funded projects as well as projects using other funding sources.
5. [54] Attract
and organize investment in the construction of new urban areas according to
planning; periodically review, evaluate and invest in completion of standards
and criteria for urban classification; invest in the construction of urban
infrastructure which meets technical standards; renovate, reconstruct and
reform urban areas; control construction investment according to the approved
urban development program; organize the construction of technical
infrastructure outside the scope of the project to ensure synchronous
connection with the urban framework technical infrastructure system.
6. [55] Direct the
implementation of management of construction order in the project according to
the law on construction, receive transfer and organize administrative
management when receiving the management transfer in urban areas; control the
provision of urban services for urban area construction investment projects
that have not been transferred.
7. Develop and manage
local urban development information systems, report on the assessment of the situation
of local urban development, and submit biannual reports on the results to the
Ministry of Construction of Vietnam for summary and submission to the Prime
Minister of Vietnam.
8. Take charge and
cooperate with the Ministry of Natural Resources and Environment of Vietnam and
the Ministry of Construction of Vietnam in reviewing, adjusting, or
supplementing planning and land use plans for the allocation of urban
development land funds.
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10. Inspect and handle
violations within their jurisdiction.
Chapter
V
TRANSITIONAL
PROCESSING [56]
Article
47. General principles
The transitional
processing of regulations on the management of urban development investment
shall be implemented from the effective date of this Decree and in compliance
with the following principles:
1. Re-establishing order
in urban development: Investing in construction in compliance with the
orientation of the approved national urban development, general planning, and
subdivision planning and ensuring the synchronous connection of the projects in
each urban development area;
2. Ensuring the
implementation of urban development investment projects according to the
approved plan for implementation of the urban development area, rectifying the
spontaneous and redundant development that causes waste of land and social
resources;
3. Restricting impacts
that affect the progress and effectiveness of the project, and the legitimate rights
and interests of the relevant parties.
Article
48. Transitional processing of regulations on urban planning and identification
of urban development area
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2. If the urban areas
already have general planning, subdivision planning, and urban development
programs approved but the urban development area has not yet been identified
from the effective date of this Decree, the provincial People's Committee shall
direct the identification of the urban development area; issue approval within
their jurisdiction or submit reports to the competent authorities for decisions
according to Article 9 and establish management boards of urban development
areas according to Article 13 of this Decree.
Article
49. Transitional processing for projects that have been assigned on the basis
of compliance with general planning and subdivision planning approved by
competent authorities
1. Provincial People's
Committees shall direct the review and addition of projects to the list of
urban development area projects and ensure that these projects comply with the
implementation plan for urban development area and regulations of this Decree.
2. Regarding projects on
investment in construction of urban areas with housing, provincial People's
Committees shall direct the review and adjustment to ensure that these projects
comply with the rate of land area for social housing under housing laws and
relevant laws.
Article
50. Transitional processing for projects that have been assigned prior to
general planning, subdivision planning approved by competent authorities
Provincial People's
Committees shall direct review, classification, and implementation of the
transitional processing for each of the following cases:
1. Regarding projects in
conformity with the approved general planning and subdivision planning, Article
49 of this Decree shall be applied.
2. Regarding projects
that do not conform to the approved general planning and subdivision planning:
a) If the project has yet
to implement construction investment or has developed technical infrastructure
partially, the provincial People's Committee shall direct the review and
adjustment to the project for conformity with the general planning and subdivision
planning and manage the implementation of project investment according to this
Decree and relevant laws;
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c) If the project has
completed the construction of technical infrastructure and is implementing the
work construction investment, the provincial People's Committee shall direct
the review and adjustment to the portions of the area with unrealized
implementation of construction investment to conform with the general planning,
subdivision planning; adjust the housing structure of the project according to
market demand; adjust the progress of the project according to the
implementation plan for urban development area;
d) If the project has
completed the crude construction, the provincial People's Committee shall
direct the review and request the investor to focus on improvement of the
social infrastructure and other works to put the project into operation and
use.
3. (Annulled) [57]
4. In case of projects on
urban housing construction investment, Clause 2, Article 49 of this Decree
shall be applied simultaneously.
Article
51. (Annulled) [58]
Chapter
VI
IMPLEMENTATION
PROVISIONS
Article
52. Implementation
Ministers, heads of
ministerial agencies, heads of governmental agencies, Chairperson of People’s
Committees of provinces and central- affiliated cities, heads of political
organizations, socio-political organizations and socio-vocational political
organizations, and relevant organizations and individuals shall implement this
Decree.
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1. This Decree comes into
force as of March 1, 2013.
2. This Decree replaces
Decree No. 02/2006/ND-CP dated January 5, 2006 of the Government of Vietnam.
3. Regarding regulations
of the Government on investment in urban development promulgated before the
effective date of this Decree, if they are different from the regulations of
this Decree, this Decree shall apply./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Tuong Van
[1] – The Government's Decree No. 100/2018/ND-CP dated July 16, 2018
on amendments to and annulment of some regulations on necessary business
conditions in fields under the management of the Ministry of Construction,
which comes into force from September 15, 2018, (hereinafter referred to as
“Decree No. 100/2018/ND-CP) is promulgated pursuant to:
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The Law on amendments
to Article 6 and Appendix 4 on the list of conditional business lines
stipulated in the Law on Investment dated November 22, 2016;
The Law on Construction
dated June 18, 2014;
The Law on Housing
dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
At the request of the
Minister of Construction;
- The Government's Decree
No. 31/2021/ND-CP dated March 26, 2021 on elaboration of some Articles of the
Law on Investment, which comes into force from the date on which it is signed,
(hereinafter referred to as “31/2021/ND-CP") is promulgated pursuant to:
The Law on Government
Organization dated June 19, 2015; Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
The Law on Investment
dated June 17, 2020;
The Law on Enterprises
dated June 17, 2020;
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- The Government’s Decree
No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees
in the field of state management of the Ministry of Construction, which comes
into force from the date on which it is signed, (hereinafter referred to as “35/2023/ND-CP”),
is promulgated pursuant to:
The Law on Government
Organization dated June 19, 2015; the Law on amendments to some Articles of Law
on Government Organization and Law on Local Government Organization dated
November 22, 2019;
The Law on Promulgation
of Legislative Documents dated June 22, 2015; the Law on amendments to the Law
on Promulgation of Legislative Documents dated June 18, 2020;
The Law on Urban
Planning dated June 17, 2009;
The Law on Judicial
Expertise dated June 20, 2012; the Law on amendments to the Law on Judicial
Expertise dated June 10, 2020;
The Construction Law
dated June 18, 2014; the Law on amendments to some Articles of the Construction
Law dated June 28, 2020;
The Law on Housing
dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
The Law on
Architecture dated June 13, 2019;
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The Law on Product and
Goods Quality dated November, 21 2007;
The Law on Investment
dated June 17, 2020;
The Law on Public –
Private Partnership Investment dated June 18, 2020;
The Law on amendments
to some Articles concerning planning of 37 Laws dated November 20, 2018;
The Law on amendments
to certain Articles of the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special
Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;
At the request of the
Minister of Construction;
[2] This Clause is amended by Point a Clause 1 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[3] This Clause is amended by Point b Clause 1 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[4] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
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[6] This Clause is amended by Clause 2 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[7] This Article is added by Clause 3 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[8] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[9] This Clause is amended by Clause 4 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[10] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[11] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[12] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[13] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[14] The phrase “quy hoạch tổng thể phát triển kinh tế - xã hội”
(the general planning for socio-economic development) shall be replaced by the
phrase “quy hoạch cấp quốc gia, quy hoạch vùng, quy hoạch tỉnh” (national
planning, regional planning, provincial planning) according to Point a Clause
10 Article 4 of Decree No. 35/2023/ND-CP, which comes into force from June 20,
2023.
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[16] This Point is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[17] The phrase “quy hoạch tổng thể phát triển kinh tế - xã hội”
(the general planning for socio-economic development) shall be replaced by the
phrase “quy hoạch cấp quốc gia, quy hoạch vùng, quy hoạch tỉnh” (national
planning, regional planning, provincial planning) according to Point a Clause
11 Article 4 of Decree No. 35/2023/ND-CP, which comes into force from June 20,
2023.
[18] The phrase “quy hoạch tổng thể hệ thống đô thị quốc gia”
(the general planning for national urban system) shall be replaced by the
phrase “quy hoạch hệ thống đô thị và nông thôn” (planning for rural and urban
systems) according to Point b Clause 11 Article 4 of Decree No. 35/2023/ND-CP,
which comes into force from June 20, 2023.
[19] This Point is amended by Clause 5 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[20] This Article is amended by Clause 6 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[21] This Article is annulled according to Clause 4 Article 3 of
Decree No. 100/2018/ND-CP, which comes into force from September 15, 2018.
[22] This Article is annulled according to Clause 10 Article 4
of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[23] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[24] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
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[26] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[27] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[28] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[29] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[30] This Article is annulled according to Clause 2 Article 111 of
Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[31] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[32] This Article is amended according to Clause 1 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[33] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[34] This Article is annulled according to Clause 10 Article 4
of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023
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[36] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[37] This Clause is amended by Clause 7 Article 4 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[38] This Article is annulled according to Clause 10 Article 4
of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[39] This Article is annulled according to Clause 10 Article 4
of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[40] This Article is amended according to Clause 8 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[41] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[42] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[43] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[44] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
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[46] The phrase “quy hoạch tổng thể hệ thống đô thị quốc gia”
(the general planning for national urban system) shall be replaced by the
phrase “quy hoạch hệ thống đô thị và nông thôn” (planning for rural and urban
systems) according to Point b Clause 11 Article 4 of Decree No. 35/2023/ND-CP,
which comes into force from June 20, 2023.
[47] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[48] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[49] This Clause is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021
[50] This Clause is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[51] This Clause is amended in Point a Clause 9 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[52] This Clause is amended by Point b Clause 9 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[53] This Clause is amended in Point c Clause 9 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[54] This Clause is amended in Point d Clause 9 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
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[56] Clause 2 Article 16 of Decree No. 35/2023/ND-CP, which
comes into force from June 20, 2023, on transitional clauses applicable to
amendments to Decree No. 11/2013/ND-CP stipulates that:
a) The urban development
program that has been approved according to regulations of the law before the
effective date of this Decree will continue to be implemented until the
People's Committee of the province approves such program or approves the
adjusted urban development program as prescribed in this Decree. With regard to
the higher-level plannings, strategies, programs and plans that have not been
approved, the People's Committee of province may assign an agency to organize
the formulation, appraisal and approval according to the urban development
program or the adjusted urban development program under its management but must
ensure that the approved urban development program meets the requirements
specified in Clause 2, Article 3a of Decree No. 11/2013/ND-CP amended by Clause
3, Article 1 of this Decree;
b) With regard to
management boards of urban development areas that have been established,
maintained or reorganized, the People's Committee of province shall direct
review of the assigned tasks to organize the management of urban development
areas that have been approved in accordance with regulations of this Decree;
d) With regard to a
project without management transfer plan in an urban area that has been
approved, the investor shall make management transfer plan according to
regulations of this Decree, collect opinions from the expected transfee and
send it to the People's Committee of the province for monitoring and
management.
[57] This Clause is annulled according to Clause 10 Article 4 of
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[58] This Article is annulled according to Clause 2 Article 111
of Decree No. 31/2021/ND-CP, which comes into force from March 26, 2021.
[59]. The effective date of Decree No. 100/2018/ND-CP dated July
16, 2018:
This Decree comes into
force from September 15, 2018.
- The effective date
of Decree No. 31/2021/ND-CP dated March 26, 2021:
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2. The following Decrees and
regulations will cease to be effective from the effective date of the Law on
Investment:
a) Government’s Decree
No. 118/2015/ND-CP dated November 12, 2015 on elaboration of some Articles of
the Law on Investment;
b) Decree No.
37/2020/ND-CP dated March 30, 2020 on amendments to list of industries
benefitting from investment incentives attached to Decree No. 118/2015/ND-CP
dated November 12, 2015 of Government on elaboration of the Law on Investment.
c) Government’s Decree
No. 83/2015/ND-CP dated September 25, 2015 on outward investment;
d) Government's Decree
No. 104/2007/ND-CP dated June 14, 2007 on provision of debt collection
services;
dd) Government's Decree
No. 69/2016/ND-CP dated July 01, 2016 on requirements for provision of debt
trade services;
e) Government's Decree
No. 79/2016/ND-CP dated July 01, 2016 on conditions for training business in
specialist knowledge, professional competence in management and operation of
apartment buildings, knowledge of real estate brokerage practice, real estate
transaction management.
g) Article 2 of
Government’s Decree No. 100/2018/ND-CP dated July 16, 2018 on amendments to and
annulment of some regulations on necessary business conditions in fields under
the management of the Ministry of Construction.
- Implementation of
Decree No. 35/2023/ND-CP dated June 20, 2023:
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