Chương 3 Nghị định số 11/2013/NĐ-CP: Dự án đầu tư phát triển đô thị

Chapter 3.

URBAN DEVELOPMENT INVESTMENT PROJECT

SECTION 1. URBAN AREA CONSTRUCTION INVESTMENT PROJECT

Article 14. Detailed planning of project

1. The formulation, appraisal and approval of the detailed planning of urban area construction investment project shall comply with regulations of the law on urban planning.

2. The adjustment of the detailed planning of the project must comply with the regulations of the law on urban planning and must not exceed the satisfaction ability of the urban infrastructure system determined in the scheme of urban planning approved without adversely affecting the urban landscape or reducing the quality of life of residents in the area.

3. The preparation and adjustment of the detailed planning of urban development projects must identify technical infrastructure construction space of common use to layout lines, technical tanks, trenches and tunnels.

Article 15. Management of construction investment implementation

The formulation, appraisal, approval and management of implementation of the urban center construction investment project shall comply with the regulations of the law on construction, this Decree and relevant laws.

Article 16. Conditions as being project investor.

1. For investor as state agency:

a) Having functions in accordance with the implementation of the project;

b) Having rational proposal of project in accordance with the planning and urban development area deployment plan.

2. For investor as enterprise:

a) Having registered business under the provisions of the Enterprise Law in accordance with the implementation of projects and eligible under the provisions of the Law on real estate business (if the project has business products);

b) Having investment capital in its own not less than 15% of the total investment of the project of land use scale less than 20 hectares, not less than 20% of the total investment of the project of land use scale from 20 hectares or more for urban area investment construction projects;

c) Having investment capital in its own not less than 20% of the total investment of project for the remaining projects.

Investment capital owned by investors specified at Points b and c said above must be the real capital of the investor as of the year preceding the year the investor hectaress implemented the urban development investment projects and presented in the financial statements of the investor and must be certified by an independent auditor. Where enterprises and cooperatives are newly established, there must be a written confirmation of the competent authority as prescribed by law.

d) Having rational proposal of project in accordance with the planning and urban development area implementation plan.

e) Having management staff and qualified and experienced human resources and committing to ensure the implementation of the content and progress of projects approved.

3. For investor as political, socio-political, professional-social organization;

a) Having function in accordance with the implementation of project;

b) Having rational proposal of project in accordance with the planning and urban development area implementation plan.

c) Only implementing project within the scope of land use assigned by the competent state agencies for management and use in service of activities under functions and tasks assigned.

Article 17. Obligations of level 1 investor.

1. Making detailed planning (if the project area does not hectaresve the approved detailed planning), urban design and urban center construction investment project for the submission to the competent authority for approval and complying with the detailed planning which hectaress been approved.

2. Implementing the construction investment of works in accordance with the detailed planning and progress of the project which hectaress been approved.

3. Investing in construction of technical infrastructure works and social infrastructure to ensure the synchronization with the infrastructure system of the surrounding area and in conformity with the progress of project implementation approved.

4. Ensuring temporary connection between the technical infrastructure in the project area with the technical infrastructure systems outside the scope of the project in the event the technical infrastructure system outside the scope of the project hectaress not been invested in accordance with the planning approved.

5. Implementing the requirements of the provincial-level People's Committee on the contribution for the area infrastructure development and delivery of land area with the infrastructure to create fund to build social housing under the provisions of the law on housing.

6. Organizing activities to provide housing management services, technical infrastructure system and other urban services within the scope of the project pending the hectaresndover.

7. Managing the operation and ensuring the quality of the works which are not transferred or haven’t been transferred to local authorities.

8. Monitoring the implementation of the construction investment of the secondary investors (if any) in accordance with the detailed planning and progress of the project which hectaress been approved.

9. Guiding procedures and coordinating with the secondary investors (if any) to perform the procedures for the transfer of land with the technical infrastructure or other products of the project in accordance with the regulations of the law.

10. Other obligations as prescribed by law.

Article 18. Obligations of secondary investor

Secondary iInvestor shall hectaresve the obligations stipulated in Clauses 1 through 8, Article 17 of this Decree.

2. Secondary investors shall be subject to the management of the level 1 investor in the construction process, ensuring the compliance with the detailed planning which hectaress been approved, carrying out the construction investment in accordance with contract signed between the two parties, the regulations of the law on construction and related laws.

3. Other obligations as prescribed by law.

Article 19. Change of investor

1. Change of investor is the investor transfers the entire urban development investment project to another investor.

2. The change of investor must not alter the objectives of the project and must ensure the interests of customers and other parties concerned, comply with the regulations of the law on the management of budget-funded projects (if any), law on investment and real estate business and other relevant laws.

3. The change of level 1 investor must be approved in writing by the competent state agency. The competent agency making decision on selection or assigning the investor to carry out the project is the agency having the authority to approve the Change of investor. The investor shall send a report and the related legal documents (05 sets) on the Change of investor to the competent state agency said above. The response time by competent state agency shall not exceed 30 days from the date of receipt of dossier from the investor.

4. The new investor must ensure to meet the conditions as prescribed in Article 16 of this Decree.

Article 20. Investment approval

1. The selection of investor is implemented ​​in the form of land use right auction, project bidding or application of form of direct appointment under the provisions of the law on land, housing and relavant laws. The provincial-level People's Committee shall make a decision on the selection of investor based on the results of bidding, auction or on assignment to investor in case of direct appointment.

2. As for the budget-funded projects, the person with the authority to make decision on investment is the person with authority to select the investor.

3. Once selected, the project investor shall prepare dossier to propose the investment approval under the provisions of Article 26 of this Decree, present it to the provincial-level People's Committee for consideration of investment approval or submission to the competent authority to decide on investment approval of the project in accordance with the provisions of Articles 21, 22, 23, 24 and 25 of this Decree.

4. The decision on investment approval by the competent authority is the legal foundation for the investor to present it to the competent agencies for assessment, approval and implementation of project.

Article 21. Authority to approve investment for project of new urban center construction investment

1. The Prime Minister shall decide on investment approval after obtaining the appraisal opinion of the Ministry of Construction for the following cases:

a) Project with the scale of land use from 100 hectares or more;

b) Project within the administrative boundaries of two or more provinces or area Having important implications on security and national defense.

2. Provincial-level People's Committee shall decide on investment approval for the projects with the land use scale from 20 hectares to less than 100 hectares after obtaining written consent of the Ministry of Construction.

3. Provincial-level People's Committee shall decide on investment approval of the remaining projects.

Article 22. Authority to approve investment for urban area reconstruction project.

1. The Prime Minister shall decide on investment approval after obtaining the appraisal opinion of the Ministry of Construction for the projects with the land use scale of 50 hectares or more and the projects located in the area with important implications security and national defence.

2. Provincial-level People's Committee shall decide on investment approval after obtaining the written consent of the Ministry of Construction for the projects with the scale of land use from 10 hectares to 50 hectares; projects in the area with restricted development or historical inner city (identified in the general planning schemes) of special grade urban center; projects under the scope of protection of the remains which are recognized as national, special national-level heritage.

3. Provincial-level People's Committee shall decide on investment approval for the remaining projects.

Article 23. Authority to approve investment for conservation and refurbishment project of urban area.

1. Provincial-level People's Committee shall decide on investment approval after obtaining the written consent of the Ministry of Construction for the following cases:

a) Projects in the area having important implications on security and national defence, national-level and special national-level remains areas recognized by the competent authorities in urban centers;

b) Project in the area with restricted development or historical inner city (identified in the general planning scheme) of special grade urban center.

2. Provincial-level People's Committee shall decide on investment approval for the remaining projects.

Article 24. Authority to approve investment for renovation and refurbishment project of urban area.

Provincial-level People's Committee shall decide on investment approval for the above projects regardless of size under regulation of the law on construction, this Decree and relevant laws.

Article 25. Authority to approve investment for mixed urban area construction investment projects

1. Following the regulations applicable to urban reconstruction project if the project boundary includes:

a) Area of reconstruction of project has scale of land use from 10 hectares or more.

b) Area of reconstruction of project is located in: area with important implication on security and national defence; area with restricted development or historical inner city (identified in general planning scheme) of special grade urban center, urban center with remains recognized as national-level or special national-level heritage by the competent authority.

2. Implementing under regulations as for new urban area construction investment project for the remaining projects.

3. Additionally implementing regulations as for conservation and refurbishement projects in Article 40 of this Decree if in the project boundary includes works identified as cultural heritage by competent authorities.

Article 26. Dossier to propose investment approval

Dossier includes:

1. Written proposal for investment approval of project implementation.

2. Decision on approving the result of the selection of investor or decision on investor appointment or documents certifying the use land right in case the investor is the owner of the land area of the project.

3. Project dossier is specified in Article 32 (excluding: miniature model of the project area as specified in Clause 3 of Article 32).

4. Attached legal documents: Decision on approval of urban development area and implementation plan for urban development area; dossier of detailed planning; dossier to prove investor’s financial capacity, appropriate investment experience and management for project implementation and other relevant legal documents.

Article 27. Time limit for appraisal of dossier to propose and decide on investment approval

1. For projects under the authority to decide on investment approval of the provincial-level People's Committee without consulting the Ministry of Construction, the provincial-level People's Committee shall appraise and decide on investment approval, the time limit is 45 working days maximally from the date of receipt of valid 10 dossiers from investor as specified in Article 26 of this Decree.

2. For projects under the authority to decide on investment approval of the provincial-level People's Committee with the consultation from the Ministry of Construction: Within 07 days from the date of full receipt of 16 sets of valid dossier as specified in Article 26 of this Decree, the provincial-level People's Committee shall send written consultation together with 01 dossier to the Ministry of Construction. Within 15 working days from the date of receipt of official dispatch for consultation, the Ministry of Construction shall reply in writing to the provincial-level People's Committee under the contents specified in Article 28 of this Decree. In case of necessity, the Ministry of Construction shall consult the Ministries, sectors concerned. For projects in this case, the time limit for reply in writing from the Ministry of Construction shall not exceed 30 working days from the date of receipt of official dispatch for consultation. The time limit for decision of provincial-level People's Committee is 15 working days from the date of receipt of written reply from the Ministry of Construction.

3. For projects under the decision authority of the Prime Minister, the provincial-level People's Committee shall send 10 sets of dossier to propose investment approval to the Ministry of Construction for appraisal. The Ministry of Construction shall receive, check the dossier and send it for consultation to the Ministries and sectors concerned within 07 days from the date of full receipt of valid dossier as specified in Article 26 of this Decree. Within 15 working days from the date of receipt of official dispatch for consultation, the Ministries and sectors responsible shall give response. Within 20 working days of receipt of response dispatches from the Ministries and sectors concerned, the Ministry of Construction shall submit written appraisal to the Prime Minister as specified in Article 29 of this Decree. The Prime Minister shall decide to assign the investor to carry out the project within 30 working days from the date of receipt of written appraisal from the Ministry of Construction.

Article 28. Content of consultation on proposal of investment approval for project implementation.

1. The compliance with urban planning, urban development programs, urban development area and implementation plan for urban development area have been approved by the competent authority; the compliance with the regulations of the relevant laws.

2. The factors ensure the feasibility and effectiveness of the project, including: the need for investment; project progress; social and economic efficiency of the projects associated with security and national defence.

Article 29. Appraisal content of proposal for investment approval for project implementation

1. Factors ensuring the compliance of the project with the urban planning, program for urban development, investment development area and implementation plan for urban development area have been approved by the competent authority, the consistency with limits on the size of the population of the project area, the compliance with the regulations of relevant laws.

2. Factors ensuring the feasibility of project include: Demand for land use, natural resources (if any); factors affecting projects such as national defense, security and environment.

3. Factors ensuring the effectiveness of the project include: the need for investment; project progress; socio-economic efficiency of the project.

Article 30. Content of Decision on investment approval

Decision on investment approval has the main contents as follows:

1. Name of project and investor;

2. Location, boundaries, land area of the entire project;

3. Objectives of the project;

4. Investment form;

5. Preliminary content of the project (work, products, etc.);

6. Estimated total investment;

7. Investment capital;

8. Time and progress for expected implementation; investment phases (if any);

9. Method of allocation or lease of land, transfer of land use right (if any);

10. Land for construction of social housing, rental housing or financial contributions (if any);

11. Infrastructural works are transferred to the State;

12. Provisions for the parties involved in construction management, operations, sales and transfer of works;

13. Decisions on support, incentives of the State for the project as prescribed;

14. Obligations of investors to the State and locality;

15. Estimated administrative unit for the project, regulations on coordination of administrative management, administrative transfer, security and public services between investor and local agencies involved in the implementation process until the completion of the project.

Article 31. Foundation to set up project

1. General planning, subdivision planning and detailed planning;

2. Implementation plan for urban development area.

3. Decision on approval for the result of the selection of investor or decision on investor appointment, or documents certifying the land use right in case the investor is the owner the land lot of the project.

4. Other relevant legal documents

Article 32. Dossier of project

1. Explanation about project with the main contents as follows:

a) Necessity and legal foundation of the project;

b) Form of investment and investor;

c) Size, area, surface boundary and the current conditions of the land lot;

d) Plan for site clearance and resettlement and vocational training support, job search for workers in the site clearance area;

e) The number and percentage of different types of houses, apartments, plans for product consumption; solutions and plans for the implementation of public services and other urban services;

g) Explanation about economic and technical investment, the business plans for capital recovery; total investment; effectiveness of social and economic investment; Specifying the allocation and transfer of land use right, land lease or use of land fund to generate capital to build infrastructure to determine the source of capital for stages of investment and business;

g) Explanation about capacity and experience of investor about finance, investment and appropriate management for project implementation;

h) Method of implementation

- Form of project management;

- Investment phase, progress and method of implementation.

2. Dossier of basic design of the project.

3. Dossier of urban design and miniature model of project area.

4. Dossier of component project in service of resettlement and site clearance (if any).

5. Coordinating contents between investor and local authority as follows:

a) Investment in building infrastructure projects outside the fence and technical infrastructure of the State through the project area;

b) Investment in building administrative offices and social infrastructure (if any);

c) Infrastructural items transferred without compensation (if any) and the progress of the transfer;

d) Responsibility for providing public services and other urban services;

e) Determination of the obligations, responsibilities and relationships between the investor of the project with relevant subjects in the above coordination contents;

g) Proposals for support and incentives for the project;

g) Proposal for administrative management, new administrative units and plan to for transfer of administrative management to the local authorities (if any).

Article 33. Adjustment of project

1. Where investors have request for change and addition of one of the following contents: objectives, scale, land-use functions, product structure, there must be a report together with 05 sets of dossier of project adjustment for submission to the competent agency for investment approval.

2. The competent agency for investment approval of the project shall have the authority to consider and give written reply to the change and addition of contents of the project specified in Clause 1 of this Article. The time limit for consideration and reply in writing is within 30 working days from the date of receipt of dossier of project.

3. For projects subject to consultation or appraisal by the Ministry of Construction, before submission to the competent authority for consideration and approval, the investor must submit 03 sets of dossier to the Ministry of Construction for consultation. The time limit for consideration and reply of the Ministry of Construction shall not exceed 15 working days from the date of receipt of documents and dossier of the project from the investor. In case the Ministry of Construction must consult the relevant Ministries and sectors, the total review time to answer shall not to exceed 30 working days from the date of receipt of documents and dossier of the project from the investor.

4. The adjustment, appraisal and approval of the project after adjustments are made under regulations of the law on construction and relevant laws.

Article 34. Progress of project implementation.

1. The organization of the project implementation shall ensure the progress of the project and progress of the general implementation of the whole urban development area.

2. Where the investor has proposal to adjust the project progress leading to slowly put it into operation, use, the investor must have a written explanation and be approved in writing by the provincial-level People's Committee. The time limit for consideration and reply of the provincial-level People's Committee shall not exceed 30 working days from the date of receipt of the written proposal and explanation of the investor.

3. The handling of the case of violation of the progress of the project shall comply with the regulations of the law on construction, land and related laws.

Article 35. Investment in building social infrastructure

1. Investors must build comprehensive social infrastructure, with the schedule in line with the housing building, ensuring quality of service to meet the needs of the people to live.

2. Where the local government directly invests in the construction of social infrastructure in urban centers with funds from the State budget, the unit assigned by the State to be the investor of works construction must implement the construction of these works in line with progress of the approved project and ensure the consistency of the overall project as secondary investor.

3. Where the local government can not allocate budget to build this project in accordance with the original plan of the project, the investor shall implement the construction construction investment of these works in appropriate form (such as BT, BOO ...).

Article 36. Completing, transferring and putting works into operation and use

1. Procedures for works completion:

a) The acceptance of completed works shall comply with the regulations of the law on quality management of construction works;

b) The filing of the work is done in accordance with the law for storage, law on construction law and other relevant laws.

2. Investors must complete the procedures for recognition of land use right and ownership of the works in accordance with the law for works completed to put it into operation and use.

3. Transferring and operating technical infrastructure and social infrastructure

a) For works of technical infrastructure and social infrastructure completed, the investor shall be entitled to operate or transfer it to the receiving party to manage and operate in accordance with the original objectives of the project.

The investor shall take responsiblity for the quality of works and must guarantee the transferred works in accordance with the law. For works used, before the transfer, conduct assessment of the quality, value and complete the necessary maintenance work.

b) For works of technical infrastructure and social infrastructure not transferred or not yet transferred, the investor is responsible for management and ensure quality of operation.

c) The receiving party of transfer is responsible for managing and operating works in accordance with the function and maintaining works under the regulations of the law on construction.

For works of which the receiving party of transfer has been identified in the content of project, that party has the right and obligation to manage the quality and accept the works during the construction until it is completed, transferred and put into operation.

d) The procedures for works transfer shall comply with regulations of law together with as-built dossier and estimate of works construction investment.

4. For works which need the transfer of administrative management to the local authorities, the investor must plan and implement the transfer of administrative management to the local authorities under the provisions of Article 38 of this Decree. While it is not possible to make the transfer of the entire project, the investor must coordinate with the local administrative management units to deal with the administrative procedures for households moving in.

Article 37. Urban services

1. Investor of project shall organize the operation and supply of urban services, ensure to serve the needs of moving-in residents in accordance with the objectives of the project until it is transferred to the government or other organizations and enterprises managing professional services.

2. Local authorities are responsible for preparing the necessary conditions and direct the transfer of the management and operation of urban services to organizations, business managing professional services.

Article 38. Transfer of administrative management

1. Based on the progress of the investment, construction and business of the project, the investor shall coordinate with the local government to make plan to transfer administrative management in the project area, submitting it to the competent authorities for approval so that the parties concerned can implement it, including:

a) The coordination of administrative management between the investor with administrative management unit in the period of no transfer identified in the Decision on investment approval.

b) Transfer of management upon completion of works construction and operation and use as prescribed.

c) Transfer of administrative management upon completion of the entire project.

2. The Service of Home Affairs and the district-level People's Committee shall direct the transfer of administrative management at the request of the investor and the approved plan. The order and procedures for transfer of administrative management shall comply with the regulations of the law on the organization and operation of local government.

3. Transfer deadline is no later than 3 months after the end of the project by the investor as well as completion of other responsibilities as prescribed by law.

4. Administrative management units must notify the head office and organize the structure consistent with the transferred management scale to implement administrative management to ensure the rights of moving-in residents.

Article 39. Capital mobilization and product business of project

1. Investors may mobilize capital as prescribed by law in order to implement the project in accordance with the content and progress of the project approved.

2. Products of the project include: land with infrastructure, housing (villas, attached houses, apartments), infrastructural works and other works.

3. The business of the project products must comply with the provisions of this Decree, the law on real estate business, law on housing and the relevant laws.

SECTION 2. URBAN WORKS CONSTRUCTION INVESTMENT PROJECT

Article 40. Management and implementation of construction investment for urban works construction investment projects

1. The urban works construction investment projects are implemented as prescribed by law on construction.

2. For special urban centers: the works construction investment projects in areas with restricted development or historical inner city (identified in the general planning scheme), before the approval of project from the competent authority, the provincial-level People's Committee shall take the written consent of the Ministry of Construction on the contents specified in Clause 3 of this Article.

3. Consultation contents of the Ministry of Construction

a) The compliance with urban planning, urban development area and implementation plan for urban development area has been approved by the competent authority; the compliance with the regulations of relevant laws;

b) Factors ensuring the feasibility and effectiveness of the project include: the need to invest; objectives and progress of the project; socio-economic efficiency of the project.

4. For projects specified in Clause 2 of this Article, within 7 days from the date of receipt of official dispatch from the investors and 15 sets of dossier of the project (specified by law on the management of works construction investment projects), the provincial-level People's Committee shall send written consultation (accompanied by 01 set of dossier of the project), to the Ministry of Construction. Within a maximum of 15 working days from the date of receipt of the official dispatch for consultation, the Ministry of Construction has written reply to the provincial-level People's Committees in accordance with the contents specified in Clause 3 of this Article. The provincial-level People's Committees shall have the written approval so that the investor can carry out the project within a maximum of 15 days from the date of receipt of the written consent of the Ministry of Construction.

5. For conservation and refurbishment project of cultural heritage works

a) The project implementation does not absolutely change or damage the value of cultural, architectural and historical…values of original works;

b) The preparation, appraisal, approval and development of implementing conservation and refurbishment projects in the urban development area shall comply with the regulations of the law on cultural heritage, law on construction, this Decree and relevant laws;

c) For conservation and refurbishment projects for works ranked as national remains and special national remains, within 7 days from the date of receipt of the report submission and 10 sets of dossier of investor, the provincial-level People's Committee shall seek the written consent of the Ministry of Construction before the agency with authority to approve the project. Within a maximum of 15 working days from the date of receiving the official dispatch for consultation, the Ministry of Construction is responsible for response of the contents specified in Clause 3 of this Article;

d) For conservation and refurbishment projects ranked as provincial-level remains, the investors should consult the Services: Planning and Architecture, Construction, Culture, Sports and Tourism for the submission to the competent authorities before approval of the project. Within a maximum of 15 working days from the date of receiving the official dispatch for consultation and the project dossier, the Services said above shall reply in writing.