Thông tư liên tịch 30/2009/TTLT-BXD-BKH

JOINT CIRCULAR

DETAILING A NUMBER OF PROVISIONS OF THE GOVERNMENT'S RESOLUTION NO. 33/2008/ NQ-CP OF DECEMBER 31, 2008, ON THE PILOT APPLICATION OF A NUMBER OF ADMINISTRATIVE PROCEDURES FOR CONSTRUCTION INVESTMENT IN PROJECTS ON NEW URBAN CENTERS, RESIDENTIAL AREAS AND TECHNICAL INFRASTRUCTURE IN INDUSTRIAL PARKS

THE MINISTRY OF CONSTRUCTION - THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 116/2008/ND-CPof November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government's Resolution No. 33/2008/NQ-CP of December 31, 2008, on the pilot application of a number of administrative procedures for construction investment in projects on new urban centers, residential areas and technical infrastructure in industrial parks;
The Ministry of Construction and the Ministry of Planning and Investment jointly detail a number of provisions of the Government's Resolution No. 33/2008/NQ-CP of December 31, 2008, on the pilot application of a number of administrative procedures for construction investment in projects on new urban centers, residential areas and technical infrastructure in industrial parks, as follows:

Chapter I

PROCEDURES FOR ELABORATION, EVALUATION. APPROVAL AND ADJUSTMENT OF DETAILED CONSTRUCTION PLANS

Article 1. Assignment of the task of elaborating 1:2,000 scale detailed construction plans to investors

1. For areas without 1:2,000-scale detailed construction plans but state management agencies have issued documents approving investment projects, clearly indicating the characteristics, location and scope of the projects, provincial-level People's Committees may assign investors to elaborate and submit construction plans for approval under regulations.

2. Investors assigned to elaborate 1:2,000-scale detailed construction plans must satisfy financial conditions prescribed in Article 5 of the Government's Decree No. 153/2007/ND-CP of October 15, 2007, detailing and guiding the Law on Real Estate Business.

Funds for the elaboration of detailed construction plans are included in project costs.

3. Documents issued by state management agencies in charge of construction planning to assign architectural and planning tasks, contents and norms to investors contain the following details: characteristics, location and scope of the land plot under planning, requirements on assuring compatibility between technical and social infrastructure facilities inside the fence and connection points outside the fence and requirements on architectural landscape and environmental protection. For projects on new urban centers and residential areas, it is required to specify the norm of population in the area under planning. The time limit for assignment of architectural and planning tasks, contents and norms is 30 working days after the issuance of provincial-level People's Committees’ decisions on the assignment of the task of elaborating 1:2,000-scale construction plans to investors.

4. Agencies evaluating 1:2,000-scale detailed construction plans shall examine and issue a reply on the completeness and validity of planning dossiers within 5 working days. In case of incomplete or invalid dossiers, evaluating agencies shall provide written guidance for investors to complete their dossiers under regulations. Planning dossiers may be supplemented and finalized only once. The time for investors to complete planning dossiers is not included in the period for evaluation and appraisal of construction plans.

Agencies evaluating 1:2,000-scale detailed construction plans shall gather comments on planning contents from concerned state management agencies. The time limit for evaluation and approval of construction plans is 30 working days.

Article 2. Gathering of comments of concerned agencies upon evaluation of 1:500-scale detailed construction plans

After examining dossiers of 1:500-scale detailed construction plans of investors, evaluating agencies shall gather comments on planning contents from concerned state management agencies. Consulted agencies shall issue a written reply within 15 working days after the receipt of a written request for their opinions. Past this time limit, if consulted agencies issue no written reply, they shall be considered having agreed with the planning contents.

Article 3. Adjustment of detailed construction plannings

1. In case projects' 1:500-scale detailed construction plans elaborated by investors are different from approved 1:2.000 detailed construction plans but conformable with current regulations on construction planning and capable of assuring compatibility of the system of technical and social infrastructure facilities, landscape and environment, competent agencies shall consider and approve these proposals for evaluation and approval. The time limit for approving construction plans is 15 working days.

2. The documents or decisions approving l:500-scale detailed construction plans are regarded as documents on partial adjustment of the approved 1:2,000-scale detailed construction plans.

Chapter II

INVESTMENT PROCEDURES FOR DOMESTIC INVESTORS' PROJECTS ON NEW URBAN CENTERS, RESIDENTIAL AREAS AND TECHNICAL INFRASTRUCTURE IN INDUSTRIAL PARKS

Article 4. Investment registration procedures for domestic investors' projects on new urban centers, residential areas and technical infrastructure in industrial parks

Domestic investors having investment projects on the construction of new urban centers, residential areas and technical infrastructure in industrial parks, regardless of their investment capital, shall carry out investment registration procedures under Clauses 2 and 3, Article 43 of the Government's Decree No. 108/20067ND-CP of September 22, 2006, detailing and guiding a number of articles of the Investment Law. They shall use the form of registration provided in Appendix I-11 to the Planning and Investment Ministry's Decision No. 1088/2006/QD-BKH of October 19, 2006, promulgating forms of documents on the performance of investment procedures in Vietnam.

If domestic investors wish to be granted investment certificates, they shall compile investment registration dossiers according to the form provided in Appendix 1-1 to Decision No. 1088/2006/QD-BKH Agencies granting investment certificates shall consider and settle these cases under Clause 4, Article 43 of Decree No. 108/2006/ND-CP.

Article 5. Investment and business conditions on domestic investors' projects on new urban centers, residential areas and technical infrastructure in industrial parks

Domestic investors defined in Article 4 of this Joint Circular must satisfy investment and business conditions (if any) prescribed by the law on real estate business, the housing law and relevant legal documents.

Article 6. Investment procedures for domestic investors' secondary projects in urban centers and residential areas

Domestic investors having secondary projects in urban centers and residential areas are not required to carry out investment registration procedures and procedures for the grant of investment certificates but must satisfy investment or business conditions (if any) prescribed by the law on real estate business, the housing law and other relevant legal documents.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Effect

This Circular takes effect 45 days from the date of its signing.

Article 8. Implementation responsibilities

Concerned ministries and branches and provincial-level People's Committees shall, within the ambit of their functions and tasks, direct and organize the implementation of this Joint Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Construction and the Ministry of Planning and Investment for consideration and settlement.