Chương II Nghị định 69/2021/NĐ-CP: Yêu cầu về kiểm định chất lượng nhà chung cư, kế hoạch, quy hoạch cải tạo, xây dựng lại nhà chung cư và việc lựa chọn chủ đầu tư dự án

Chapter II

REQUIREMENTS FOR QUALITY INSPECTION OF APARTMENT BUILDINGS, PLANS AND PLANNING FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS, AND SELECTION OF PROJECT DEVELOPERS

Section 1. QUALITY INSPECTION AND ASSESSMENT OF APARTMENT BUILDING

Article 7. Principles of quality inspection and assessment of apartment building

1. People’s Committees of provinces are responsible for directing housing authority of provinces to take charge and cooperate with local authorities and People’s Committees of districts where apartment buildings are built in organizing quality inspection and quality assessment of apartment buildings under Article 110 of Law on Housing according to construction laws and this Decree.

2. For apartment complexes, conduct overall quality inspection and quality assessment before including the complexes in apartment renovation and reconstruction plans.

3. Quality inspection and quality assessment of apartment buildings under this Article shall conform to regulations and law on construction and housing.

Article 8. Requirements and contents of quality inspection, quality assessment of apartment building

1. When conducting quality inspection and quality assessment of apartment buildings, assigned entities and organizations must rely on contents and requirements of quality inspection and quality assessment for current conditions of constructions according to construction laws and this Decree to inspect and assess quality of apartment buildings and identify apartment buildings without damage or apartment buildings with damage and required to be deconstructed according to Clause 2 or Clause 3 Article 5 hereof.  

2. On the basis of inspection results under Clause 1 of this Article, entities and organizations conducting quality inspection must submit reports on quality inspection results to housing authority of provinces. In case of apartment buildings under Clause 2, Clause 3 Article 5 hereof, housing authority of provinces must issue inspection conclusion and submit reports on inspection results to People’s Committees of provinces to serve as the basis for project implementation as per approved planning.

3. As soon as reports of housing authority of provinces are received, People’s Committees of provinces are responsible for informing apartment owners of apartments that must be renovated and/or reconstructed according to Article 5 hereof while posting list of these apartment buildings on website of the People’s Committees of provinces and housing authority of provinces.

Section 2. APARTMENT RENOVATION AND RECONSTRUCTION PLAN

Article 9. Requirements for apartment renovation and reconstruction plans

1. For local administrative divisions that have finished overall quality inspection and quality assessment of apartments according to Article 7 and Article 8 hereof, within 3 months from the effective date hereof, housing authority of provinces must produce apartment renovation and reconstruction plans for apartments specified under Article 5 hereof and request People’s Committees of provinces to approve.

In case apartments specified under Article 5 hereof are built after apartment renovation and reconstruction plans have been issued, People’s Committees of provinces are responsible for revising and adding these apartment buildings to the apartment renovation and reconstruction plans according to Clause 3 hereof to serve as the basis for project implementation.

2. For local administrative divisions that have not finished overall quality inspection and quality assessment of apartments according to Article 7 and Article 8 hereof, within 3 months from the effective date hereof, housing authority of provinces must produce apartment renovation and reconstruction plans for apartments that have been subject to quality inspection and quality assessment and specified under Clause 2, Clause 3 Article 5 hereof and request People’s Committees of provinces to approve.

3. For apartment buildings with unfinished quality inspection according to Clause 2 of this Article, on a 6-monthly basis, housing authority of provinces are responsible for reviewing, organizing quality inspection and quality assessment of apartment buildings and producing lists of apartment buildings that must be renovated and reconstructed under Clause 2, Clause 3 Article 5 hereof and in case of apartment buildings under Clause 3 Article 110 of Law on Housing, reporting to People’s Committees of provinces to approve and add to apartment renovation and reconstruction plans to serve as the basis for implementation. 

Article 10. Preparation and approval of apartment renovation and reconstruction plans

1. In case preparation and approval of apartment renovation and reconstruction plans take place at the same time as preparation and approval of housing development plans of local administrative divisions, People’s Committees of provinces may include apartment renovation and reconstruction plans in local housing development plans or prepare apartment renovation and reconstruction plans separately.  

2. In case several details of apartment renovation and reconstruction plans must be changed as a result of revision to housing development program, People’s Committees of provinces are responsible for organizing preparation and approval of revision to housing development plans, apartment renovation and reconstruction plans.  

3. In case apartment buildings under Clause 2, Clause 3 Article 5 hereof have been included in renovation and reconstruction plans but have not been included in local housing development programs, People's Committees of provinces may implement the apartment renovation and reconstruction projects via integrating these projects in local housing development programs then submit reports to People’s Councils of the same level.

Article 11. Contents of apartment renovation and reconstruction plan

1. Apartment renovation and reconstruction plans consist of:

a) List and location of apartment buildings and apartment complexes that need to be renovated and reconstructed, which identify time of deconstruction of apartment buildings specified under Clause 1, Point a Clause 2 Article 5 first and time of deconstruction of apartment buildings under Point b Clause 2, Clause 3 Article 5 and other constructions (if any) later; in case of renovating and reconstructing an apartment complex, estimate time of deconstruction and reconstruction of the first apartment building of the complex and estimate time of deconstruction and reconstruction of remaining apartment buildings of the complex;

b) Estimates of funding sources mobilized for renovation and reconstruction of local apartment buildings and apartment complexes; for apartment buildings specified under Clause 1 Article 6 hereof, estimates of funding sources for project implementation and report to People's Councils of the same levels for consideration;

c) Responsibilities of People’s Committees of all levels, Departments of Construction, and agencies related to implementation of apartment renovation and reconstruction plans;

d) Other relevant details (if any).

2. Once apartment renovation and reconstruction plans are approved (including revised plans), People’s Committees of provinces are responsible for posting the plans on their website, sending to People’s Committees of districts, People’s Committees of communes where apartment buildings that must be renovated and reconstructed are located in order to inform owners and inhabitants of apartment buildings, and sending to Ministry of Construction for supervision.

Section 3. REQUIREMENTS FOR PLANNING OF APARTMENT RENOVATION AND RECONSTRUCTION AREA

Article 12. Principles and requirements for planning of apartment renovation and reconstruction area

Preparation of zoning planning and detail planning of apartment renovation and reconstruction area must satisfy following principles and requirements:

1. Competent authority is responsible for preparing, appraising, and approving detail planning of area where apartment building and apartment complexes required to be renovated and reconstructed are built to serve as the basis for developing compensation, financing, relocation, and temporary residence assignment solutions (hereinafter referred to as “compensation solution”) according to Article 20, Article 21, Article 22, and Article 23 hereof.

2. When preparing, appraising, and approving zoning planning and detail planning of area where apartment buildings and apartment complexes that must be renovated and reconstructed are built, competent authority must identify use quota of land for construction planning, population scale, or identify land area eligible for repurposing to construction of other service, commercial, office, or social infrastructure constructions to guarantee socio-economic and environmental effectiveness in order to encourage investors to participate in project implementation as long as local, regional technical infrastructure and social infrastructure are qualified and connected.  

3. Organization for preparation, appraisal, and approval of planning of apartment renovation and reconstruction area can be implemented at the same time with quality inspections and quality assessment of apartment buildings, and preparation and approval of apartment renovation and reconstruction plans according to this Decree.

Article 13. Regulations on preparation, appraisal, and approval of planning of apartment renovation and reconstruction area

1. Preparation, appraisal, and approval of planning of apartment renovation and reconstruction area shall be implemented according to regulations and law on urban planning and construction. During preparation of planning, apart from consulting the general public and relevant individuals as per the law, competent authority may additionally consult investors who wish to participate in apartment renovation and reconstruction projects to guarantee feasibility.

2. After approving planning, competent agencies must publicize planning information as per the law on planning and post openly in residential areas where apartment renovation and reconstruction projects take place.  

3. In case land area where apartment renovation and reconstruction are conducted is smaller than 2 ha, competent authority are not required to prepare detail planning but prepare and approve premise drawing and structural solutions according to procedures for preparing, appraising, and approving detail planning.  Overall premise drawing and structural solutions approved by competent authority shall serve as the basis for implementing subsequent steps of the project according to construction laws and other relevant laws.

4. When preparing and approving planning of area where apartment buildings and apartment complexes that must be renovated and reconstructed, depending on specific local conditions, People’s Committees of provinces must develop planning solutions for the entire apartment complexes and apartment buildings or solutions for grouping apartment buildings in the same communes or districts to serve as the basis for determining implementation of one or many apartment renovation and reconstruction projects to ensure economic, social, environmental effectiveness, and urban renovation and improvement.

Grouping of apartment buildings under this Clause only applies in case business, service, commercial, and/or public constructions but not houses are built in location of apartment buildings eligible for grouping.  

5. In case approved planning is proposed for revision, revise as per the law on urban planning and construction.

Section 4. SELECTION OF PROJECT DEVELOPERS FOR APARTMENT RENOVATION AND RECONSTRUCTION PROJECTS AND APARTMENT DECONSTRUCTION PROJECTS

Article 14. Selection of project developers for apartment renovation and reconstruction projects in case owners agree with real estate enterprises

1. Selection of project developers for projects under this Article applies to renovation and reconstruction of apartment buildings under Article 110 of Law on Housing, except for cases under Clause 1 Article 6 hereof.

2. Based on approved apartment renovation and reconstruction plans, planning of area where apartment buildings that must be renovated and reconstructed are built, land area, population scale of project area and requirements regarding compensation, time and project progress, People’s Committees of provinces are responsible for developing and issuing criteria for selecting project developers (in terms of financial capacity, equity, experience in project implementation, financial solutions for project implementation and other criteria applying to each project); publicizing these criteria and deadline for submitting application for acting project developers of each apartment renovation and reconstruction project on website of People’s Committees of provinces and People’s Committees of districts where projects take place.

3. On the basis of criteria and deadline for application announced according to Clause 2 of this Article and detail planning area where apartment buildings that must be renovated and reconstructed are built, real estate enterprises shall submit application (using Form under Annex I attached hereto) together with capacity dossiers satisfactory to criteria issued by People’s Committees of provinces and compensation solutions prepared according to Article 20, Article 21, Article 22, and Article 23 hereto to agencies assigned by People’s Committees of provinces to receive application (People’s Committees of districts where apartments that must be renovated and reconstructed are built or provincial housing authority).

4. Within 15 days from the date on which deadline for application under Clause 2 of this Article expires, agencies assigned to receive applications are responsible for taking charge and cooperating with local authorities in inspecting capacity dossiers based on publicized criteria and attached compensation solutions of applicants; if applications are adequate, assigned agencies shall produce list of applicants to select project developers.  

5. Within 90 days from the date on which deadline under Clause 4 of this Article expires, assigned agencies shall examine the applications (cooperate with provincial housing authority in case of People’s Committees of districts, or cooperate with People’s Committees of districts in case of provincial housing authority), and consult apartment owners regarding selection of project developers.  Apartment owners shall rely on criteria for selecting project developers that have been publicized according to Clause 2 of this Article, list of enterprises meeting the criteria together with capacity dossiers and compensation solutions proposed by the enterprises to select project developers.

6. When consulting apartment owners to select project developers for apartment renovation and reconstruction projects, each household in the apartments equals one vote and at least 70% of total flat owners of the apartments must participate in the consultation; an enterprise is selected when at least 75% of total participating owners agree; in case of multiple enterprises, an enterprise is selected when they receive the most votes but not equal to or lower than 51% of total votes of flat owners; selection of project developers must be made into records bearing signatures of representatives of People’s Committees of districts where projects take place, representatives of provincial housing authority, representatives of flat owners, and selected enterprises.  

In case a section of an apartment building or apartment complex is owned by the state, representative of owners who own the section shall participate in selecting project developers.

For section other than flats owned by organizations, individuals or by the Government in an apartment building, divide total usable area of this section by usable area of the largest flat or area of the apartment to determine number of votes of owners, each section area after division which is equivalent to area of the largest flat equals one vote; remaining section area after division which is greater than 1/2 of area of the largest flat equals one vote; remaining section area after division which is less than 1/2 of area of the largest flat does not count towards total vote count. 

7. When selecting project developers, participant apartment owners and real estate enterprises may agree to adjust compensation solutions prepared by real estate enterprises while adhering to planning approved by competent authority and regulations on compensation under Article 20, Article 21, Article 22, and Article 23 hereof.

8. Within 15 days from the date on which records on selection of project developers specified under Clause 6 of this Article are produced, assigned agencies must produce written reports, attach records on selection of project developers and compensation solutions of selected project developers, and submit to People’s Committees of provinces for approval; decisions on approving compensation solutions of People’s Committees of provinces must specify name of selected enterprises.

Once compensation solutions have been approved, People’s Committees of provinces must publicize compensation solutions and name of selected enterprises on website of People’s Committees of provinces, and send to People’s Committees of districts and People’s Committees of communes where apartment buildings are built.

9. Once compensation solutions have been approved, selected real estate enterprises are responsible for requesting approval of investment guidelines of the projects according to regulations of law on investment, housing, and this Decree. Under decisions on approving investment guidelines of the guidelines, competent authority must also approve enterprises selected as project developers for apartment renovation and reconstruction projects.

Article 15. Selection of project developers for apartment renovation and reconstruction projects via bidding

1. Bidding for selection of project developers for apartment renovation and reconstruction projects under this Article shall be implemented in case of failure to select project developers according to Article 14 and in case of Clause 1 Article 5 hereof. In case of failure to select project developers according to Article 14 hereof for cases under Clause 3 Article 110 of Law on Housing, do not continue to select project developers according to this Article.

2. On the basis of list of projects in approved apartment renovation and reconstruction plans or in case of immediate deconstruction according to Clause 1 Article 5 hereof, provincial housing authority of provinces are responsible for producing list of apartment renovation and reconstruction projects for bidding for selection of project developers and reporting to People’s Committees of provinces for approval and post on website of People’s Committees of provinces.

3. Prior to organizing bidding, competent authority must adopt procedures for approving investment guidelines of the projects according to regulations and law on investment, housing and this Decree. People’s Committees of provinces shall assign provincial housing authority to act as bid solicitors and assume responsibilities for organizing bidding for selection of project developers according to this Article.

4. Details relating to bidding dossiers, methods and standards of assessing dossiers, determining bidding score, and criteria for selecting project developers are regulated as follows:

a) Methods and standards of bid evaluation, preparation of bidding documents and other details relating to bidding for selection of project developers shall conform to regulations and law on bidding, where assessment regarding investment effectiveness for land area specified under Clause 2 Article 25 hereof is not required, except for cases under Clause 5 of this Article;

b) Bidding scores are determined with total scores of 100 for criteria for project implementation, including the following criteria: financial capacity, implementation experience, project progress, time of transferring houses and constructions, technical infrastructure investment, social infrastructure investment, relocation and temporary residence solutions, financial solutions for project implementation, business and commercial solutions of the projects.   Bid solicitors shall determine specific score range of each criteria under this Clause to apply on a case-by-case basis;

c) Notice forms relating to bidding shall be applied similar to forms required by bidding laws.

5. In case project scope is expanded beyond land area of current apartment building or apartment complex, when determining conditions and criteria for soliciting bid for the projects, provincial housing authority must specify use quota of approved land planning for expanded area to serve as the basis for determining floor price for submission to state budget in a manner similar to construction project for commercial houses.

6. Bidding procedures for selecting project developers for apartment renovation and reconstruction projects shall be similar to bidding procedures for selecting investors according to bidding laws; expenditure on organizing bidding is determined under total investment of the projects; expenditure on bid security shall conform to bidding laws.

7. Investors awarded with bidding contracts according to decisions approving results of bidder selection specified under this Article shall be project developers for apartment renovation and reconstruction projects. Project developer are responsible for preparing compensation solutions according to bidding results and send to provincial housing authority in order to take charge and cooperate with local authorities in appraising and reporting to People’s Committees of provinces; once compensation solutions have been approved, project developers are responsible for adopting subsequent procedures for project investment and construction according to this Decree and relevant law provisions.

Article 16. Selection of project developers when the Government implements apartment renovation and construction projects

1. The Government invests using funding sources under Clause 3 Article 36 of Law on Housing (and amendment thereto under Point a Clause 6 Article 99 of Law on Investment in form of public-private partnership 2020) to renovate and reconstruct apartment buildings specified under Clause 1 Article 6 hereof.

2. Selection of project developers under this Article shall conform to Point a Clause 1 Article 114 of Law on Housing. In case the Government decides to select project developers via bidding, conform to Article 15 hereof.

3. Preparation, appraisal, and approval of compensation solutions for apartment renovation and reconstruction projects under this Article shall conform to land laws.

Compensation solutions shall be prepared according to Article 20, Article 21, Article 22, Article 23 hereof and must be publicized on website of People’s Committees of provinces after being approval, sent to People’s Committees of districts, communes where apartment buildings are built.

Article 17. Implementation of land clearance and apartment building deconstruction

1. Implementation of land clearance for apartment renovation and reconstruction projects is regulated as follows:

a) For projects under Article 14 hereof, project developers shall cooperate with People’s Committees of districts where projects take place to organize compensation and land clearance for project implementation;

b) For projects under Article 15 or Article 16 hereof, implement land clearance according to land laws.

2. Deconstruction of apartment buildings is regulated as follows:

a) Prior to deconstruction, project developers must prepare and approve deconstruction solutions according to construction laws;

b) Project developers shall perform deconstruction if fully capable according to construction laws or hire competent organizations to perform deconstruction according to approved solutions;

c) In case of immediate deconstruction due to incidents, natural disasters or fire, entities assigned to perform deconstruction are responsible for performing deconstruction according to construction laws.