Chương 5 Nghị định số 11/2013/NĐ-CP: Xử lý chuyển tiếp

Chapter 5.

TRANSITIONAL PROCESSING

Article 47. General principle

The transitional processing of regulations on management of urban development investment is implemented made ​​from the effective date of this Decree and in accordance with the following principles:

1. Re-establishing order in the urban development: Investment in construction in accordance with the orientation of national urban development, general planning, subdivision planning approved and ensuring the synchronous connection of the projects in each urban development area;

2. Ensuring the implementation of urban development investment projects in according with the plan for implementation of urban development area approved, overcoming the spontaneous and redundant development causing waste of land and social resources;

3. Limiting the impacts to affect the progress and effectiveness of the project, the legitimate rights and interests of the parties concerned.

Article 48. Transitional processing of regulations on urban planning and identification of urban development area

1. Where the urban cities have approved urban master plan but no subdivision planning, detailed planning and urban design, urban development program from the effective date of this Decree, the provincial-level People’s Committee must direct the subdivision planning, detailed planning, urban design, regulation on architectural planning management and urban development program for approval in accordance with the law on urban planning and as a basis for determining the urban development area and making implementation plans as specified in Article 8 of this Decree.

2. Where the urban centers already have general planning, subdivision planning and urban development programs approved but not yet identifying the urban development area from the effective date of this Decree, the provincial-level People's Committees shall direct the determination of urban development area; approving under the authority or submitting to the competent authorities for decision in accordance with the provisions of Article 9 and setting up management Board of urban development area in accordance with the provisions of Article 13 of this Decree.

Article 49. Transitional processing for projects assigned on the basis of compliance with general planning and subdivision planning approved by the competent authority

1. Provincial-level People's Committee shall direct the review and addition of project to the list of projects of urban development area, ensure the projects comply with the implementation plan for urban development area and the provisions in this Decree.

2. For investment projects to build housing urban area: the provincial-level People's Committees shall direct the review and adjustment to ensure the projects comply with the rate of land area for social housing under the regulations on housing and the relevant laws.

Article 50. Transitional processing for projects assigned prior to general planning, subdivision planning approved by the competent authority.

Provincial-level People's Committee shall direct the review, classification and implementation of the transition processing for each case as follows:

1. Projects in accordance with the general planning and subdivision planning approved: Follow the provisions of Article 49 of this Decree.

2. Projects not in accordance with the general planning and subdivision planning approved:

a) Where the project without implementation of construction investment or with a portion of technical infrastructure: the provincial-level People's Committees shall direct review and adjustment of the project to fit with the general planning, subdivision planning and manage the implementation of project investment under the provisions of this Decree and relevant laws;

b) Where the project has completed the construction of technical infrastructure: the provincial-level People's Committees shall direct the review and inspection of the connection of infrastructure; adjust the project to suit the general planning, subdivision planning and ensure the connection to the common infrastructure of the area; adjust the project schedule according to the implementation plan for urban development area;

c) Where the project has completed the construction of technical infrastructure and is implementing the works construction investment: the provincial-level People's Committees shall direct the review and adjustment of the portions of area with unrealized implementation of construction investment to fit with the general planning, subdivision planning; housing structural adjustment of the projects according to market demand; adjust the progress of the project according to the implementation plan for urban development area;

d) Where the project has been completed with the crude building: the provincial-level People's Committee shall direct the review and require the investors to focus on improving the social infrastructure and other works to put the project into operation and use.

3. For projects in the urban centers with general planning under the approval authority of the Prime Minister, when adjusting the projects specified at Points a, b and c, Clause 2 of this Article, before submitting the project to the competent authority for approval, the investor must submit 03 sets of adjusted project dossier to the Ministry of Construction to have the consent in writing of the following contents: the compatibility with urban planning, urban development area and implementation plan for urban development area approved by the competent authority; the compliance with the relevant regulations of relevant laws. The time limit to review and reply in writing shall not exceed 30 working days from the date of receipt of the written consultation, adjusted project dossier and relevant legal documents.

4. In case of projects of urban housing construction investment, the provisions in Clause 2, Article 49 of this Decree shall be implemented at the same time.

Article 51. Transitional processing for projects under the provisions of Clause 1 and 2 of Article 21, 22; Clause 1, Article 23; Clause 2, Article 40

For projects subject to the scope mentioned above whose investment has been approved prior to the effective date of this Decree, in case the project is adjusted with the contents specified in Clause 1, Article 33, prior to approval of adjust project, the investor shall submit 03 sets of dossier of adjusted project to the Ministry of Construction to have the consent in writing of the following contents: the compatibility with urban planning, urban development area and implementation plan for urban development area approved by the competent authority; compliance with the regulations of relevant law. The time limit for consideration and reply from the Ministry of Construction shall not exceed 15 working days from the date of receiving the written consultation, adjusted project dossier and relevant legal documents.