Chapter IV
IMPLEMENTATION
Article 27. Transition clauses
1. Local governments that have approved apartment renovation and reconstruction projects before effective date hereof are not required to prepare and approve the plans again according to this Decree except for cases of revising the plans to conform to housing development projects or practical demand of local governments; People’s Committees of provinces must publicize approved plans before effective date hereof for apartment owners and inhabitants according to Clause 2 Article 11 hereof.
2. In case investment guidelines of apartment renovation and reconstruction projects have been decided or approved by competent authority, decision and approval under this Decree are not required except for cases where revision to contents of decision and approval of investment guidelines is required.
In case application for approval of investment guidelines has been submitted but competent authority has not issued decisions approving investment guidelines, investment guidelines shall then be approved according to this Decree.
3. For apartment renovation and reconstruction projects having investment guidelines selected by competent authority, do not select again according to this Decree except for cases under Clause 5 Article 4 hereof and cases where project developers have not made compensation according to Clause 5 of this Article.
4. In case project developers have made compensation according to approved compensation solutions before the effective date hereof, project developers are not required to perform compensation again according to this Decree; in case where area of houses or land has not been included in compensation solutions, this area shall be compensated according to this Decree.
5. In case compensation solutions have been approved but have not been implemented by the effective date hereof, parties shall agree on compensation solutions according to this Decree again except for cases where parties remain agreeing on approved compensation solutions. In case project developers fail to balance financial effectiveness of projects according to approved planning after parties have agreed on compensation solutions again, may request competent authority to consider and adjust approved planning to balance financial effectiveness of projects.
If project developers and apartment owners fail to agree on compensation solutions according to Clause 6 Article 14 hereof within 12 months for apartment building renovation and reconstruction projects or 24 months for apartment complex renovation and reconstruction projects without taking into account period of revising planning according to this Clause (if any), People’s Committees of provinces must terminate project implementation and choose project developers again according to this Decree.
6. For apartment renovation and reconstruction projects approved for implementation in form of build – transfer (BT), conform to regulations and law on investment in form of public-private partnership.
Article 28. Responsibility for implementation
1. Responsibilities of Ministry of Construction:
a) assisting the Government, Prime Minister in guiding, directing, and encouraging local governments in implementing provisions on apartment renovation and reconstruction according to this Decree and Law on Housing;
b) providing specific guidelines on inspecting and assessing quality factors of apartment buildings according to construction laws and apartment buildings under Article 5 hereof;
c) taking charge or cooperating with relevant ministries in conducting inspection on compliance with this Decree; consolidating and submitting reports on renovation and reconstruction of apartment buildings nationwide to Prime Minister on a regular or irregular basis;
d) researching and proposing policies relating to deconstruction, renovation, and reconstruction of apartment buildings for issuance within their competence or requesting competent authority to consider and issue;
dd) performing assigned tasks according to Law on Housing and this Decree, and other tasks assigned by the Government, Prime Minister.
2. Relevant ministries within their tasks and functions are responsible for issuing or requesting competent authority to amending regulations relating to renovation and reconstruction of apartment buildings; taking charge or cooperating with Ministry of Construction in implementing this Decree.
3. People’s Committees of provinces and central-affiliated cities are responsible for:
a) organizing implementation, encouraging, and directing renovation and reconstruction of apartment buildings within local administrative divisions, complying with Law on Housing, this Decree, and relevant law provisions to guarantee human lives and assets for inhabitants of local apartment buildings and apartment complexes;
b) allocating funding from local government budgets to: inspect and assess quality of apartment; organize preparation; approve apartment renovation and reconstruction plans; appraise and approve planning of area where apartment buildings and apartment complexes required to be renovated, reconstructed are built; renovate and reconstruct apartment buildings and apartment complexes specified under Clause 1 Article 6 hereof, and perform tasks under responsibility of local governments;
c) identifying area of land receiving exemption from land levy, land rent, land repurposing fees within the scope of apartment renovation and reconstruction projects according to Clause 2 Article 25 hereof, preventing loss of state budget;
d) organizing enforced land appropriation and enforced relocation according to this Decree and land laws;
dd) issuing specific policies within their competence depending on local conditions to implement local apartment renovation and reconstruction projects;
e) submitting reports on results of local apartment renovation and reconstruction to Ministry of Construction on a regular or irregular basis for consolidation and report to the Government and Prime Minister;
g) performing other tasks according to Law on Housing, this Decree and relevant law provisions.
Article 29. Entry into force
1. This Decree comes into force from September 01, 2021.
2. This Decree replaces Decree No. 101/2015/ND-CP dated October 20, 2015 of the Government.
3. After the effective date hereof, requirements for overall premise drawing and architectural solutions under Clause 4 Article 14 of Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government and Clause 5 Article 10 of Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government shall conform to this Decree.
4. Details relating to relocation, enforcement, deconstruction, renovation, and reconstruction of apartment buildings under Decrees of the Government, Decisions of Prime Minister, legislative documents of ministries and People’s Committees of provinces issued before the effective date hereof.
5. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.
Tìm kiếm
Nghị định 69/2021/NĐ-CP về cải tạo, xây dựng lại nhà chung cư (Bản Word)
Nghị định 69/2021/NĐ-CP về cải tạo, xây dựng lại nhà chung cư (Bản Pdf)