Thông tư liên tịch 20/2013/TTLT-BXD-BNV

JOINT CIRCULAR

GUIDING A NUMBER OF CONTENTS OF GOVERNMENT’S DECREE NO. 11/2013/ND-CP DATED JANUARY 14, 2013, ON MANAGEMENT OF URBAN DEVELOPMENT INVESTMENT

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 61/2012/ND-CP dated August 10, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Internal Affairs;

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

The Minister of Construction, and the Minister of Home Affairs promulgate the Joint Circular guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides on: urban development area, management board of urban development area and project on urban area construction investment.

Article 2. Subjects of application

This Circular applies to management agencies, construction-specialized agencies, organizations and individuals participating in activities involving the urban development investment.

Chapter II

URBAN DEVELOPMENT AREA

Article 3. Responsibilities of formulation, appraisal of dossier of proposal of urban development area

1. Responsibilities of formulation of dossier of proposal of urban development area for urban development areas belonging to administrative geographical areas of 01 province or central-affiliated city:

a) The provincial People’s Committees shall assign the Service of Construction to act as agency in charge of organization to formulate dossier of proposal for urban development area;

b) In case where a provincial People’s Committee has established the management board of urban development area for general management of urban development areas or management of some urban development areas and will assign for additional management of tentative urban development areas established, provincial People’s Committee may assign this board to organize formulation of dossier of proposal for urban development areas.

2. Responsibilities of formulation of dossier of proposal of urban development area for urban development areas belonging to administrative geographical areas of 02 or more provinces or central-affiliated cities:

a) the Ministry of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned People’s Committees of provinces and central-affiliated cities in formulating dossier of proposal of urban development area and submitting it to the Prime Minister for decision on approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP dated January 14, 2013 (hereinafter abbreviated to Decree No. 11/2013/ND-CP);

b) The concerned People’s Committees of provinces and central-affiliated cities shall assign Services of construction in assuming the prime responsibility for, and coordinating with each other in providing information, formulating plans to perform part of urban development area under their management and report them to the Ministry of Construction for summing up and including in plan to perform in dossier of proposal of urban development area in order to submit for approval as prescribed.

3. Responsibilities of appraisal of dossier of proposal of urban development area:

a) If urban development area under the competence for approval of the Prime Minister: The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned Ministries and sectors in appraising and submitting it to the Prime Minister approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP;

b) If urban development area under the competence for approval of the provincial People’s Committees: The Services of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned agencies in appraising and submitting it to the provincial People’s Committees for approval.

Article 4. Duration of formulation, appraisal of dossier of proposal of urban development area

1. Duration of formulation of dossier of proposal of urban development area does not exceed 12 months from the day of assigning formulation of dossier.

2. Duration of appraisal of dossier of proposal of urban development area does not exceed 30 working days after receiving a valid dossier submitted for appraisal specified in Article 5 of this Joint Circular.

Article 5. Dossier of submission for appraisal of urban development area

1. Dossier of submission for appraisal of urban development area includes:

a) Dossier of proposal of urban development area as defined in Article 10 of Decree No. 11/2013/ND-CP;

b) Legal papers include:

Copies of decisions on approving the master plan on economic-social development, land use planning, urban development program, regional, provincial construction planning, general planning, subdivision planning and other legal documents involving guidelines on establishment of urban development area (if any).

2. Quantity of dossier of submission for appraisal of urban development area: 10 sets.

3. Report content is made according to form defined in Annexes 1, 3 of this Joint Circular, content of decision on approving is made according to form defined in Annex promulgated together with Decree No. 11/2013/ND-CP.

Article 6. Drawings of dossier of proposal of urban development area

Drawings in dossier of proposal of urban development area as defined at point b Clause 2 Article 10 of Decree No. 11/2013/ND-CP include the following drawings:

1. Position drawing of urban development area:

a) Position drawing of urban development area is presented on the basis of space development orientation diagram of urban general planning scheme (or general planning scheme of specialized functional zones) already been approved by competent authorities at the rate of the approved planning map. In case of this drawing, it will exceed 01 paper sheet A0 upon it is printed in proper rate: may zoom out this diagram to ensure drawing does not exceed 01 paper sheet A0 upon printing;

b) Position drawing of urban development area need to be shown full contents: Tentative allocation of urban development areas (area scale, enclosed with symbol of presented colors, performance duration of each zone); position of urban development area as proposed; economic-technical norms involving the proposed urban development area determined in schemes on subdivision planning or general planning (on case urban area is not required to make subdivision planning or zones with specialized function).

2. Boundary drawing of urban development area and division of investment stages

a) Boundary drawing of urban development area and division of investment stages are shown on the basis: Planning map of total land use ground of schemes on subdivision planning or planning map of land use and division of functional zones in scheme on general planning (for urban areas not required to make subdivision planning and urban development zones with specialized function) in accordance with proper rate of the approved planning map;

b) Boundary drawing of urban development area and division of investment stages need present full following contents: Boundary marks to define limitation, scope of urban development area (with enclosed coordinates); tentative positions and boundaries of projects in urban development area; division of investment stage is defined under plan on performance of urban development area (presented by color symbol); the summed table of list of projects and the tentative area scale of each project.

Article 7. Implementation plan of urban development area

1. Implementation plan of urban development area is a content of dossier of proposal of urban development area defined in point g Clause 2 Article 10 of Decree No. 11/2013/ND-CP Agencies which are assigned by the provincial People’s Committees for organizing formulation of dossier of proposal of urban development area (specified at Clause 1 Article 3 of this Joint Circular) or assigned for assuming the prime responsibility for, and coordinating in formulation of dossier of proposal of urban development area (specified at point b Clause 2 Article 3 of this Joint Circular) shall assume the prime responsibility for, and coordinate with concerned provincial Departments and sectors in formulating implementation plan of urban development area in order to include content of dossier of proposal of urban development area in submission for approval as prescribed.

2. Implementation plan of urban development area is made and bases on: Duration of performing urban planning and urban development program already been approved; tentative needs of housing and urban services (in association with the tentative population growth) and ability of mobilizing resources for the work of construction investment.

3. Implementation plan of urban development area must specify division of investment stages under 5-year stages with list of projects performed in each stage.

4. Division of investment stage in implementation plan of urban development area (with list of projects which are being performed in each stage) must be concretized at zone boundary drawing and division of investment stages specified at Clause 2 Article 6 of this Joint Circular and must be presented in Decision on approving the urban development area.

Article 8. Competence of approval of urban development area

Competence of approval of urban development area shall comply with Article 9 of Decree No. 11/2013/ND-CP.

Article 9. Adjustment of urban development area

1. Urban development area must periodically be considered, reviewed, assessed on course of implementation of construction investment in order to timely adjust to be consistent with situation of socio-economic development and tentative need of urban development. Duration of periodical review will be 05 years from the date the urban development area is approved.

2. The Services of Construction shall preside over the periodical review of implementation of the approved urban development area. The review results must be report in writing to the provincial People’s Committees, agencies competent to approve the urban development area and the Ministry of Construction.

3. Based on reports on review result specified at Clause 2 this Article, need of socio-economic development and the appearance of elements impacting to course of urban development in localities, if consider it is necessary, the provincial People’s Committees shall assign the Services of Construction or the management board of urban development area (under provisions at Clause 1 Article 3 of this Joint Circular) to organize formulation of dossier of proposal to adjust the urban development area.

4. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the concerned provincial People’s Committees in conducting periodical review of implementation of urban development area in administrative geographical areas of 02 or more provinces or central-affiliated cities already been approved, and report to the Prime Minister for decision on adjustment as necessary.

5. The appraisal of dossier of proposal to adjust urban development area shall comply with Clause 3 Article 3 of this Joint Circular.

6. Agencies competent to decision on approval of urban development area as prescribed in Article 9 of Decree No. 11/2013/ND-CP shall decide on approval of proposal for adjustment of urban development area.

7. Dossier of proposal to adjust urban development area includes:

a) Report on adjustment of urban development area (clarifying the necessity and legal basis of adjustment);

b) Summary report on tentative adjusted urban development area as prescribed at Clause 2 Article 10 of Decree No. 11/2013/ND-CP and drawings defined in Article 6 of this Joint Circular (these documents must clarify contents not adjusted and contents adjusted);

c) Report on review result of implementation of urban development area and concerned legal documents.

Article 10. Announcement on urban development area after adjustment

After dossier of proposal to adjust urban development area has been approved by competent authorities, the announcement of urban development area after adjustment shall comply with Article 12 of Decree No. 11/2013/ND-CP.

Article 11. Transfer of land use right which has been invested in infrastructure construction for people (households and individuals) to self build dwelling houses:

1. Depending on need of urban development, ability of mobilizing resources, proposals of investors, the provincial People’s Committees shall provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people (households and individuals) to self build dwelling houses, after having unified opinion in writing of the Ministry of Construction under Clause 7 Article 4 of Decree No. 11/2013/ND-CP

2. Zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses may include: a zone with many projects; a project or a part in project.

3. The consideration to provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses must ensure the following basic principles:

a) Complying with legislation on urban planning (subdivision planning, detailed planning) and regulations on managing architecture planning of zone already been approved by competent authorities satisfying requirements of economic development, social welfare and housing needs of localities;

b) Zones permitted to transfer land use right must be invested in essential infrastructure construction including: Service works and technical infrastructure constructions (roads, electricity cable routes, lighting system, information and telecommunication, water supply and drainage) under the approved detailed planning; ensuring connection with the general infrastructure system of zone before transferring land use right for people to self build dwelling houses; ensuring supply of essential services to people when they arrive for accommodation.

c) Land lots which are transferred land use right for people to self build houses, shall not lay in the following positions: geographical areas in urban districts of the special urban areas, or areas with high requirement on architecture and landscape, central areas and areas surrounding the works which are architecture prominent spots in urban areas; laying at the front face of routes at zone level or higher level, and routes being main landscape in urban area;

d) Households and individuals who are transferred land use right to self build houses must build houses in accordance with construction permit; abide by the detailed planning and urban design already been approved.

4. Process of consulting:

a) On the basis of consideration of urban development need, ability of mobilizing resources, and proposals of investors (if any), the provincial People's Committees shall assign Services of Construction to assume the prime responsibility for, and coordinate with concerned management agencies in proposing zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses (including: Zone with many projects, project or each area part on project on urban development investment) and preparing dossier (as prescribed at Clause 5 this Article) to the provincial People’s Committee for consideration and sending to consult the Ministry of Construction for unified opinion;

b) Within 30 working days, after receiving 01 valid set of dossier send by the provincial for consulting, the Ministry of Construction shall reply in writing;

c) After reaching unified opinion of the Ministry of Construction, the provincial People’s Committees shall issue a decision to provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses.

5. Dossier to send for consulting the Ministry of Construction includes: official dispatch to request for consulting made by the provincial People’s Committees (clearly presenting the necessity and legal grounds of transfer of land use right which has been invested in infrastructure construction for people to self build dwelling houses) and concerned dossiers and documents as follows:

a) For case of proposing zone (with many projects), the concerned dossiers and documents include:

Dossier of illustration and drawing zoomed out of scheme on general planning (for case not required to make subdivision planning) or related scheme on subdivision planning, management regulation under planning scheme, regulations on managing the architecture planning of zone already been approved by competent authorities (enclosed with written approvals); position and boundary diagram of tentative zone permitted to transfer land use right (presented on drawing of dossier of proposal of urban development area specified at Clause 2 Article 6 of this Joint Circular); decision on approving the urban development area made by competent authorities. (All dossiers and documents mentioned above are copies with a seal for confirmation of agencies asking for opinion).

b) For case of projects on urban development investment already accepted for investment as prescribed in Decree No. 11/2013/ND-CP concerned dossiers and documents include:

Summary illustration of project; dossier of scheme on detailed planning of project (enclosed with urban design), management regulation under the approved planning scheme, regulations on managing the architecture planning of zone already been approved by competent authorities (enclosed with written approvals); concerned decisions on approving the urban development area. (All dossiers and documents mentioned above are copies with a seal for confirmation of investor).

c) For case of projects on new urban centers, projects on housing development already accepted for investment before the effective day of Decree No. 11/2013/ND-CP concerned dossiers and documents include:

Summary illustration of project; dossier of scheme on detailed planning of project at rate 1/500 (enclosed with urban design), management regulation under the planning scheme (enclosed with written approvals); decisions on approving project, decisions on approving investment. (All dossiers and documents mentioned above are copies with a seal for confirmation of investor).

6. Proposal of tentative zones (including many projects), project or a part of project permitted to transfer land use right which have been invested in infrastructure construction for people to self build houses may be included in content of dossier of proposal of urban development area, or dossier of proposal of acceptance for investment in project for the Ministry of Construction in combining to give opinion during appraisal or give unified opinion.

7. Responsibilities in supervision, check of transfer of land use right which has been invested in infrastructure construction for people to self build dwelling houses: Specialized agencies of state management on construction and natural resources and environment at localities, the management board of urban development area (if any) and investors of projects shall be responsible for supervision, check to ensure observance of people with the approved detailed planning, urban design of project and concerned law upon building houses.

Article 12. Position and function of the management board of urban development area

Position and function of the management board of urban development area shall comply with Clause 1 Article 13 of Decree No. 11/2013/ND-CP

Article 13. Tasks and powers of the management board of urban development area

1. To assume the prime responsibility for, and coordinate with concerned agencies in formulating 5-year, annual plans to implement the urban development area, including the proposal of lists, types of capital sources and roadmap to perform projects on urban development investment in the urban development area, submitting to the provincial People’s Committees for approval and organization of implementation.

2. To organize activities to promote investment in the urban development area; research and propose incentive policies, typical mechanisms applicable to activities of construction investment in urban development area.

3. To make dossier of proposal of urban development area in order to submit for appraisal as assigned by the provincial People’s Committees

4. To make plan to select investor of project on urban development investment, submit it to the provincial People’s Committees for decision; guide, support for investors during preparation of investment and performance of project on urban development investment.

5. To organize management or execute function of investor for projects in urban development area financed from state budget as assigned by the provincial People’s Committees.

6. To monitor, supervise implementation of projects on urban development investment to ensure in accordance with planning, plan, progress under contents of the approved projects; sum up, propose and coordinate with functional agencies to handle problems arising during investment.

7. To assume the prime responsibility for, and coordinate with functional agencies, service providers, investors, ensure the synchronous connection and management of frame technical infrastructure system, connection of technical infrastructure among projects in stage of construction investment until finishing the handing over to the urban government.

8. To formulate a database system, supply information of urban development area; sum up and report to the provincial People’s Committee, Services of Construction and the Ministry of Construction biannually, annually or irregularly about situation of implementation of investment projects and plans on implementation of urban development area which it is assigned to manage.

9. To perform other tasks and powers about management of construction investment, urban development within urban development area as assigned by the provincial People's Committees or authorized as prescribed by law.

Article 14. Organizational structure and operation of the management board of urban development area

1. Organizational structure of the management board of urban development area:

a) The management board of urban development area includes head of board and not more than 03 deputy heads of board. In special case, it must consult competent agencies for unified opinion.

b) The management board of urban development area has professional departments. Depending on scale and nature of urban development area which is subject to its management, it may have a zone management division which must be realistic and effective.

2. Chairpersons of the provincial People’s Committees shall appoint, relieve of duty head of board, deputy heads of board on the basis of proposals of Directors of Construction Services, appraisal of Services of Home Affairs according to decentralization of the provincial People’s Committees and law.

3. Head of board shall decide on recruitment, appointment, relieving from duty of officers of the management board of urban development area under decentralization and on the basis of observance with law on management, recruitment and use of officers and employees in public non-business units.

4. Standard of position of head of management board of urban development area, in addition to general standards under law, need ensure: To graduate from university or higher in one of specialized branches: architecture, planning, urban area, construction, technical infrastructure, economy (branches involving construction and urban infrastructure); have experiences in the management work of construction investment, urban development for 5 years or more.

5. Operational funding of the management board of urban development area shall be financed partly from budget, management cost of the assigned projects, service revenues and other revenues as prescribed by law.

6. The management board of urban development area shall perform the mechanism on autonomy, self-responsibility in executing the tasks, organization of apparatus, management of officers and finance as prescribed by law.

7. The management board of urban development area operates under its operational regulations promulgated by chairpersons of provincial People’s Committees.

Article 15. Establishment, dissolution of the management board of urban development area

1. The urban development areas which must have a management board of urban development area include:

a) Urban development areas in urban areas which have scheme on general planning under competence of approval of the Prime Minister include: general planning of central-affiliated cities, general planning of province-affiliated cities being rank-I urban areas, general planning of new urban areas with forecast population scale equivalent to rank-III urban area or higher, new urban areas with planning scope involving administrative geographical areas of 2 or more provinces and central-affiliated cities, other general planning under competence of approval of the Prime Minister;

b) New urban development areas; urban preservation areas; urban reconstruction areas; areas with specialized function specified at Clauses 2,5,6,7 Article 2 of Decree No. 11/2013/ND-CP

2. For urban development areas specified in Clause 1 this Article, the management board of urban development area is established newly or established on the basis of organization and re-arrangement of the management board of construction investment projects, the management board of urban development; the management board of infrastructure development, the management board of new urban centers affiliated the provincial People’s Committees which exist in localities but it must ensure streamlined and effective organization of apparatus in localities.

3. For the remaining urban development areas, chairpersons of the provincial People’s Committee shall based on need of urban development in localities may decide on establishment of the management board of urban development area as prescribed at Clause 2 this Article.

4. The process of and procedures for establishment and dissolution of the management board of urban development area shall comply with Government’s Decree No. 55/2012/ND-CP dated June 28, 2012, on establishment, reorganization and dissolution of public non-business units.

5. Services of Construction are agencies suggesting the establishment, reorganization and dissolution of the management board of urban development area as prescribed at Clause 2 Article 13 of Decree No. 11/2013/ND-CP

Article 16. The coordinative mechanism between the management board of urban development area and Services of Construction, Specialized Services, agencies of state administrative management in localities

1. The management board of urban development area shall be directed, guided on professional operations of Construction Services and Departments of line management in localities; be responsible for periodically and irregularly reporting to the Construction Services about situation of implementation of urban development area, situation of investment projects which it is assigned for management; periodically and irregularly reporting to the Departments of line management regarding operational field of board under state management scope of Departments.

2. Construction Services and specialized Departments shall direct, guide professional operations and inspect, check activities of the management board of urban development area within state management fields of Departments as prescribed by law.

3. The management board of urban development area and the district-level People’s Committee in urban development area shall coordinate under mechanism between agencies affiliated the provincial People’s Committees and local state administrative agencies in fields: compensation, ground clearance and resettlement; perform projects on construction investment; manage, hand over urban infrastructural constructions; management of administration, security and order within urban development area.

4. Chairpersons of provincial People’s Committees shall promulgate a coordinative mechanism between the management board of urban development area and specialized Services, the district-level People’s Committees during the course of implementation of urban development area.

Article 17. Responsibilities of management of urban development area belonging to administrative geographical areas of 02 or more provinces and central-affiliated cities

1. After the Prime Minister issued decision on approving urban development area, People’s Committees in relevant provinces and central-affiliated cities shall decide on establishment of the management board of urban development area or assign the management board of urban development area already established previously to perform management of urban development area within administrative geographical areas which they are assigned for management.

2. The management board of urban development area of each relevant province, central-affiliated city shall coordinate with each other during management of construction investment ensuring the synchronous connection, progress, quality and effectiveness of the investment work in zones where it is assigned for management.

3. The management board of urban development area of urban development area locating in administrative geographical area of 02 or more provinces and central-affiliated cities shall periodically and irregularly report to the Coordinate Board of urban development area, provincial People’s Committees and Construction Services about situation of urban development investment within geographical areas which it is assigned for management and problems arising in construction investment or technical infrastructure connection in order to have solutions for handling and unfastening.

Article 18. Coordinate board of urban development area

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the relevant provincial People’s Committees in establishing the Coordinate Board of urban development area as prescribed at point d Clause 2 Article 13 of Decree No. 11/2013/ND-CP The Minister of Construction shall decide on establishment of the Coordinate Board of urban development area including representatives of the Ministry of Construction, representatives of the provincial People’s Committees and some relevant Ministries and sectors. The urban development agency - the Ministry of Construction is standing agency assisting for the Coordinate board of urban development area. Members of Coordinate board and the assistant unit work under the part-time regime.

2. The coordinate board has function of directing and supporting the management board of urban development area of localities to perform synchronously progress of urban development area locating in administrative geographical area of 02 or more provinces and central-affiliated cities; coordinate with the relevant provincial People’s Committees in considering and handling problems arising during implementation of urban development area under its competence or report to the Prime Minister for consideration and decision.

Article 19. The responsibilities of management of urban development areas which do not establish a management board of urban development area

1. For urban development areas which do not establish a management board of urban development area, Construction Services shall manage, supervise, direct plans on implementing urban development area already approved by competent authorities and other tasks of the management board of urban development area specified in Article 14 of this Joint Circular.

2. For urban development areas being economic zones (as prescribed Article Clause 7 Article 2 of Decree No. 11/2013/ND-CP) establishment of the management boards shall comply with law on economic zones.

Chapter III

PROJECTS ON URBAN AREA CONSTRUCTION INVESTMENT

Article 20. Selection of investors of projects

The selection of investors shall comply with Article 20 of Decree No.11/2013/ND-CP After being selected, investor shall make dossier of proposal for approving investment to submit to the provincial People’s Committee for consideration to decide on approving investment or submit to competent authorities for approving investment.

Article 21. Competence of approving investment in project

Based on area scale, position, nature of project, competence of approving investment for each project type shall be specified in Articles 21, 22, 23, 24, 25 of Decree No. 11/2013/ND-CP

Article 22. Dossier of proposal for approving investment

1. Dossier of proposal for approving investment shall comply with Article 26 of Decree No.11/2013/ND-CP Documents, dossiers, enclosed legal papers specified at clauses 2, 3, 4 Article 26 of Decree No. 11/2013/ND-CP are copies with seal for confirmation of investor of project.

2. If investor wishes to apply for approving investment in project under divided investment stages of project, investor of project shall make a dossier of proposals under divided investment stages of project and submit it to competent agencies for consideration and approving for investment.

Consideration for approving projects under divided investment stages must ensure implementation of project in accordance with detailed planning of project and implementation plan of urban development area already been approved, ensure the synchronous connection between work items in project and urban infrastructure system in adjacent areas, ensure landscape architecture under the approved urban design.

3. Dossier of proposal for approving investment under each stage of project shall comply with Article 26 of Decree No.11/2013/ND-CP Content of Decision on approving investment under each divided investment stage of competent agencies must present full contents specified in Article 30 of Decree No.11/2013/ND-CP

Article 23. Appraisal of dossier of proposal for approving investment

1. Duration and process of appraisal of dossier of proposal and decision on approving investment are specified in Article 27 of Decree No.11/2013/ND-CP

2. For projects on urban construction investment under the investment approval competence of the provincial People’s Committees: Construction Services are agencies assuming the prime responsibility for, and coordinating with Departments, sectors (Planning and Architecture, Natural Resources and Environment, Planning and Investment, Finance, Transport, Home Affairs, Agriculture and Rural Development, Culture – Sport and Tourism, the management board of urban development area ...) and relevant administrative management agencies in appraising dossier of proposal for approving investment.

3. For projects on urban construction investment under the investment approval competence of the Prime Minister: The Ministry of Construction shall assume the prime responsibility for, and coordinate with the relevant Ministries, sectors and provincial People’s Committees in appraising dossier of proposal for approving investment as prescribed at Clause 1 Articles 21, 22 of Decree No. 11/2013/ND-CP

4. Content of Report on proposing for investment approval shall make according to forms in Annexes 1, 5; content of decision on approving investment shall make according to form in Annex 6 of this Joint Circular.

Article 24. Consulting the Ministry of Construction for unified opinion

1. The Ministry of Construction shall have written unified opinion for the provincial People’s Committees to decide on approving investment for projects specified at Clause 2 Articles 21 and 22; Clause 1 Article 23 of Decree No. 11/2013/ND-CP

2. Dossier to send for consulting the Ministry of Construction includes:

a) A written request for opinion of the Ministry of Construction made by the provincial People’s Committee

b) Dossier of project specified in article 32 of Decree No.11/2013/ND-CP (exclusive of: Dossier of fundamental design of project, component project dossier in serve of resettlement, ground clearance, urban design and model zoomed out of area where project is performed);

c) Enclosed legal papers (being copies with a seal for confirmation of investor): Decision on approving urban development area and plan on implementation of urban development area; dossier of detailed planning of project enclosed with decision on approving; dossier to prove capability of investor about finance, experiences in investment and management which are appropriate for project implementation.

3. For case of project adjustment under scope specified at clause 3 article 33 of Decree No. 11/2013/ND-CP which need consult the Ministry of Construction, dossier of project for adjustment for consulting includes:

a) A written request for opinion of the Ministry of Construction made by the investor;

b) Illustration on adjusted project enclosed with contents of coordination between investor and local authority specified at clauses 1 and 5 Article 32 of Decree No. 11/2013/ND-CP;

c) Enclosed legal papers (being copies with a seal for confirmation of investor) include: Papers related to grounds of adjustment, dossier of detailed planning of project (or adjustment of detailed planning – if any) enclosed with decision on approving; dossier to prove capability of investor about finance, experiences in investment and management which are appropriate for project implementation.

Chapter IV

GUIDING ON TRANSITIONAL HANDLING

Article 25. To review and classify projects on housing and new urban area development which have been approved and permitted investment

1. The provincial People’s Committees shall assign Construction Services to preside over organization or reviewing and assessing actual conditions of implementation and classification of projects on housing and new urban area development which have been approved, permitted investment before the effective date of Decree No. 11/2013/ND-CP; clarify status of real estate inventory in localities to report to the provincial People’s Committees.

2. Based on result of review and assessment of practical implementation and classification of projects on housing and new urban area development, data on real estate inventory, forecast on housing and urban service needs at the request of market, strategy and plan on housing development, ability of mobilizing resources for the work of construction investment, the provincial People’s Committees shall decide on suspension, termination or further implementation of projects stated in Clause 1 this Article.

3. Classification of projects to propose, consider deciding on suspension, termination or permission of implementation need base on the basic principles for each following group:

a) Group of projects permitted further implementation: Projects with project products satisfying needs on housing of market; in line with subdivision planning (or urban general planning – in case it is not required to make subdivision planning) and programs, plans on housing development already been approved; investor with capability able to ensure completion of project with proper progress and quality as approved;

b) Group of projects which need to be adjusted for the further implementation: Projects which have basically finished the work of ground clearance, projects which have invested but need to be adjusted to be consistent with urban planning and programs, plans on housing development already been approved, or need adjust product types and time of provision to be consistent with forecast on housing need of market;

c) Group of suspended projects: Projects which have basically finished the work of ground clearance but have house products of the same kind of products which cannot sell on market and cannot adjust; projects which have not yet performed the ground clearance or area of ground clearance obtaining low rate (less than 30); projects which investors have insufficient capability for project performance;

d) Group of terminated projects: Projects which fail to make ground clearance, projects with function inconsistent with the approved urban planning; projects which are performed with delayed progress must be handled by withdrawal as prescribed by law on land and real estate.

4. Based on decisions on termination, suspension, further implementation of projects, the provincial People’s Committees shall direct Services of Construction in guiding investors to perform solutions of transitional handling in line with each project under Articles 49, 50, 51 of Decree No. 11/2013/ND-CP

Article 26. Transitional handling for projects on urban development investment which area permitted further implementation

1. For projects on housing development and projects on new urban areas performing adjustment of apartment structure and transferring commercial houses to social houses or service works under Government’s Resolution No. 02/NQ-CP dated January 07, 2013, on a number of solutions to remove difficulties for business production, market support in handling of bad debts: Adjustment of projects shall comply with Circular No. 02/2013/TT-BXD dated March 18, 2013 of the Ministry of Construction.

2. For projects on housing development which have been approved investment as prescribed in Government’s Decree No. 71/2010/ND-CP and projects on new urban areas which have been permitted investment as prescribed in Government’s Decree No. 02/2006/ND-CP before the effective day of Decree No. 11/2013/ND-CP they are not required to do procedures for approving investment again as prescribed in Decree No. 11/2013/ND-CP During implementation, if having need of adjustment of projects, the adjustment shall comply with Article 51 of Decree No. 11/2013/ND-CP and law on construction.

3. For projects on new urban areas which have been permitted investment as prescribed in Government’s Decree No. 02/2006/ND-CP before the effective day of Decree No. 11/2013/ND-CP and have had charter of management for implementation of the approved projects, they still comply with contents specified in the approved charter.

4. For projects on new urban areas and projects on housing development which have been approved guideline of investment by competent authorities before the effective day of Decree No. 11/2013/ND-CP but not yet been approved investment or decided on investment permission. From the effective day of Decree No. 11/2013/ND-CP in order to ensure progress for the work of investment preparation while waiting the approval of competent authorities for concerned urban development areas, the provincial People’s Committees shall direct to update these project in list of projects of urban development area anticipated establishment, concurrently allow investor to further conduct dossier of proposal to apply for investment approval under Decree No. 11/2013/ND-CP

Article 27. Program on urban development

1. For urban areas with program on urban development (specified at clause 1 Article 4 of Decree No. 11/2013/ND-CP) approved under regulation, the provincial People’s Committees shall, base on the master plan on social-economic development, construction planning of province, urban general planning already been approved, programs on housing development, forecast of development need in reality, ability of mobilizing investment capital, direct specialized agencies of construction state management in making diagram of allocating urban development areas at same deadline of implementation as the basis for making dossier of proposal of urban development area and submitting it to competent agencies for approval under regulations.

2. The formulation, appraisal and approval of program on urban development shall comply with the guiding Circular of the Ministry of Construction.

Article 28. Guide on costs for formulation, appraisal of dossier of proposal of urban development area and Appraisal charge of dossier of proposal for investment approval

1. Costs for formulation, appraisal of dossier of proposal of urban development area shall comply with the guiding Circular of the Ministry of Construction.

2. Appraisal charge of dossier of proposal for investment approval shall comply with the guiding Circular of the Ministry of Finance on guiding collection, remittance, management, and use of appraisal charge of construction investment projects.

Chapter V

IMPLEMENTATION PRVISIONS

Article 29. Responsibilities of implementation

1. The provincial People’s Committees shall direct, guide, inspect implementation of this Joint Circular; newly establish or organize, rearrange the existing the management board to establish the management board of urban development area and report in writing to the Ministry of Construction and Ministry of Internal Affairs.

2. In the course of implementation, any arising problems should be reported to the Ministry of Construction for assuming the prime responsibility for, and coordinating with Ministry of Internal Affairs in consideration and settlement.

Article 30. Effect

1. This Circular takes effect on January 05, 2014.

2. This Circular replaces Circular No. 04/2006/TT-BXD dated August 18, 2006 of the Ministry of Construction, guiding the implementation of the new urban center regulation promulgated together with the Government's Decree No. 02/2006/ND-CP of January 05, 2006.

ANNEX I

(Promulgated together with Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

REPORT

On approval of urban development area (name of area)……

Respectfully to: The approving agency

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No……… dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to Decision No…. dated….. of (competent authority) on approving the land use planning ….;

Pursuant to Decision No…. dated….. of (competent authority) on approving the urban (construction) planning ….;

Other relevant legal grounds……………….

(The submitting agency)……. reports to (The approving agency)…….. and request for approving proposal of the urban development area (name of area)........ at (address of the proposed urban development area) …….. with the following principal contents:

1. Name of urban development area:

2. Location, boundaries and area of urban development area:

3. Description of present condition of urban development area:

4. Basis of forming the urban development area:

5. Main nature and function of the area:

6. Introduction on basic content of the approved general planning:

7. Plan on implementation of urban development area:

8. Tentative deadline of implementation:

9. Preliminary costs estimate, tentative investment resources for urban development:

10. Proposal about the management board of urban development area as prescribed Article 13 of the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment.

11. Summary report on tentative urban development area.

 (The submitting agency)…….. reports and requests (the approving agency)…….for consideration and approval of proposal of urban development area mentioned above.

ANNEX II

(Promulgated together with Joint Circular No.  20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

REPORT

On approving the urban development area (name of area)……… in administrative geography area (of many provinces/centrally-affiliated cities)……….

Respectfully to: The Prime Minister

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction; 

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No……… dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Other relevant legal grounds……………….

Pursuant to the notification of conclusion of meeting on appraisal of dossier of proposal of urban development area (name of area) …….. dated……..at………….;

The Ministry of Construction respectfully submits to the Prime Minister for approving the urban development area (name of area)……… in administrative geography area of provinces/centrally-affiliated cities………. with the principal content:

1. Name of urban development area:

2. Location, boundaries and area of urban development area:

3. Description of present condition of urban development area:

4. Basis of forming the urban development area:

5. Main nature and function of the area:

6. Introduction on basic content of the approved general planning:

7. Plan on implementation of urban development area:

8. Tentative deadline of implementation:

9. Preliminary costs estimate, tentative investment resources for urban development:

10. Proposal of Coordinate board of urban development area.

11. Dossier of proposal of urban development area…….: and documents enclosed with this official dispatch.

12. Petitions of the Ministry of Construction:

The Ministry of Construction respectfully submits contents of urban development area as above to the Prime Minister for consideration and decision.

ANNEX III

(Promulgated together with the Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

REPORT

On approval of urban development area (name of area)……

Respectfully to: The approving agency

Pursuant to Decision No…. dated….. defining function, tasks, powers and organizational structure of (the apprising agency);

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No……… dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Other relevant legal grounds……………….

Pursuant to the notification of conclusion of meeting on appraisal …….. dated…….at……..

 (The appraising agency)….. respectfully submit to (the approving agency)…. for approving urban development area with the following principal contents:

1. Name of urban development area:

2. Location and boundaries of urban development area:

3. Description of present condition of urban development area:

4. Basis of forming the urban development area:

5. Main nature and function of the area:

6. Introduction on basic content of the approved general planning:

7. Plan on implementation of urban development area:

8. Tentative deadline of implementation:

9. Preliminary costs estimate, tentative investment resources for urban development:

10. Proposal of Coordinate board of urban development area:

11. Dossier of proposal of urban development area……….. and illustration drawings enclosed to this official dispatch.

12. Petitions of (the appraising agency):

(The appraising agency)….. respectfully submits contents of urban development area as above to (the approving agency)…. for consideration and decision.

ANNEX IV

(Promulgated together with Joint Circular No.  20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

REPORT

On proposal for approving investment in project (project name) ……..

Respectfully to: Provincial/municipal People’s Committee ………

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No……… dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to Decision No……… dated ………. Of (competent agency) on approving urban development area ……… (name of urban development area);

Other relevant legal grounds……………….

 (Project name)…………submit dossier of proposal for approving investment in implementation of the project (project name) to the provincial/municipal People’s Committee and request the provincial/municipal People’s Committee for consideration and decision on approving investment in project (project name) ………………..  (or submit to competent authorities for consideration and approval of investment in project (project name) ……..) with the following provincial contents:

1. Project name:

2. Investor name:

3. Location, boundaries and land area of entire project:

4. Objectives of project:

5. Investment form:

6. Preliminary content of project (affair, product…):

7. Costs estimate of total investment level:

8. Investment capital sources:

9. The tentative performance duration and schedule; investment divergence (if any):

10. Methods of land delivery, land lease, transfer of land use right (if any):

11. Land for construction of social houses, houses for lease or financial contribution (if any):

12. Infrastructural constructions which are transferred to State:

13. Proposals involving supports and preferential treatment of state applicable to project under regulations:

14. Proposals of investor regarding obligation to contribute to State and localities:

15. Tentative administrative management unit of project. Proposal of regulations on coordination in administrative management, administrative transfer, security and public service between investor and relevant local agencies during the course of implementation until finishing project.

(The investor)…………respectfully submit contents of proposal for approving investment in project (project name) …….. as above to the provincial/municipal People’s Committee ………..for consideration and decision on approving investment in project (project name) ………………..  (or submit to competent authorities for consideration and decision).

ANNEX V

(Promulgated together with Joint Circular No.  20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

REPORT

On proposal for approving investment in project (project name) ……..

Respectfully to: The agency for approving investment

Pursuant to the Decree/Decision No. ………dated ………., defining the functions, tasks, powers and organizational structure of ………..(the appraising agency);

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No………/TTLT-BXD-BNV dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to Decision No…. dated….. of (competent authority) on approving urban development area ….(name of urban development area);

Other relevant legal grounds……………….;

Pursuant to the Report No……… dated……… of the investor (or provincial/municipal People’s Committee *) and dossier of proposal for approving investment of the investor;

 (The appraising agency)….. respectfully submit to (the agency for approving investment)…. for consideration and approval of investment in project (project name)……… with the following principal contents:

1. Project name:

2. Investor name:

3. Location, boundaries and land area of entire project:

4. Objectives of project:

5. Investment form:

6. Preliminary content of project (affair, product…):

7. Costs estimate of total investment level:

8. Investment capital sources:

9. The tentative performance duration and schedule; investment divergence (if any):

10. Methods of land delivery, land lease, transfer of land use right (if any):

11. Land for construction of social houses, houses for lease or financial contribution (if any):

12. Infrastructural constructions which are transferred to State:

13. Proposals involving supports and preferential treatment of state applicable to project under regulations:

14. Tentative administrative management unit of project. Regulations on coordination in administrative management, administrative transfer, security and public service between investor and relevant local agencies during the course of implementation until finishing project.

15. Petitions of (the appraising agency):

(The appraising agency)….. respectfully submit contents on request for approving investment in project to (the agency for approving investment)…. for consideration and decision.

Note:

(*) In case where the submitting agency is the provincial People’s Committee.

ANNEX VI

(Promulgated together with Joint Circular No.  20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment)

DECISION

On approving investment in project (project name) ……..

(NAME OF AGENCY FOR APPROVING INVESTMENT)

Pursuant to the Law/Decree No. ………dated ………., defining the functions, tasks, powers and organizational structure of ………..(the agency for approving investment);

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to the Joint Circular No………/TTLT-BXD-BNV dated ……….. of the Minister of Construction, and the Minister of Home Affairs, guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

Pursuant to Decision No……… dated ………. of competent agency on approving urban development area and plan on implementation of urban development area;

Other relevant legal grounds……………….;

Pursuant to documents on appraising dossier of proposal for approving investment in project dated …….of (the appraising agency)………;

At the proposal of investor (or the provincial/municipal People’s Committee *) at report No. … dated….. on requesting for approving investment in project,

DECIDES:

Article 1. To approve investment in project with the following principal content:

1. Project name:

2. Investor name:

3. Location, boundaries and land area of entire project:

4. Objectives of project:

5. Investment form:

6. Preliminary content of project (affair, product…):

7. Costs estimate of total investment level:

8. Investment capital sources:

9. The tentative performance duration and schedule; investment divergence (if any):

10. Methods of land delivery, land lease, transfer of land use right (if any):

11. Land for construction of social houses, houses for lease or financial contribution (if any):

12. Infrastructural constructions which are transferred to State:

13. Supports and preferential treatment of state applicable to project under regulations:

14. Investor’s obligation to contribute to State and localities:

15. Tentative administrative management unit of project. Regulations on coordination in administrative management, administrative transfer, security and public service between investor and relevant local agencies during the course of implementation until finishing project.

Article 2. Organization of implementation

Article 3. Responsibilities of relevant agencies in execution of decision.

Note:

(*) In case where the submitting agency is the provincial People’s Committee.