Chapter 1.
GENERAL REGULATION
Article 1. Scope of adjustment and subject of application
1. Scope of adjustment:
This Decree regulates activities related to urban development investment including: urban planning; formulating and publishing plans to deploy the areas of urban development; performing investment in construction and operation and transfer of investment in urban development projects.
2. Subjects of application
This Decree applies to organizations and individuals in the country and abroad involving in activities related to the investment in urban development.
Article 2. Explanation of terms
In this Decree, the terms are construed as follows:
1. Urban development area is an area identified for urban development investment in a certain period. The urban development areas include: new urban development area, expanded urban development area, renovation area, conservation area, urban reconstruction area and specific functional area.
Urban development area may include one or more urban functional areas. The urban development area may be within the administrative boundaries of one or more provinces or cities. The urban growth area may include one or more urban development investment projects.
2. New urban development area is an area expected to be formed a new urban center in the future under urban planning approved by the competent authority, and invested in new construction synchronizing with the urban infrastructure.
3. Expanded urban development area is the urban development area including the existing urban area and new urban area with a synchronous connection with the urban infrastructure.
4. Urban improvement area is the urban development area which is invested in construction to improve the quality of existing urban center, but does not alter the basic urban structure.
5. Urban conservation area is the urban development area in order to preserve and refurbish urban historical and cultural values.
6. Urban reconstruction area is the urban development area which is newly built on the floor of the old buildings demolished of the existing urban center.
7. Specific functional area is an urban development area to form specific functional areas such as economic, tourist and resort areas, college campuses, etc.
8. Urban development investment project is the construction investment project of a building or a complex of buildings in an urban development area decided and published by the competent authority.
Urban development investment project including project of urban center construction and building construction investment project in urban centers.
9. Urban center construction investment project is a construction investment project of buildings (which may include: housing, infrastructure, public buildings, etc.) on an assigned land area in the urban development area under the planning approved by the competent authority.
Urban center construction investment project includes the following types:
a) New urban center construction investment project is a construction investment project of a new construction urban center on a land area converted from other land types to urban construction land;
b) Urban reconstruction project is a project which shall build new architectural buildings and infrastructure on the floor of current buildings demolished under the urban planning which hectaress been approved by the competent authority;
c) Urban renovation and refurbishment project is the upgrading and renovation of exterior side or building structure in the existing urban areas without any Change of more than 10% of the land use criteria of the area;
d) Urban preservation and refurbishment project is the preservation and refurbishment of cultural, historical and architectural values of the buildings and landscape in the area of urban cultural heritage;
e) Project construction is mixed urban construction projects in urban areas thectarest can include newly-constructed building, renovated and refurbished buildings.
10. Building construction investment project in urban center is the new construction investment project; either expanding or renovating and refurbishing of architectural buildings and infrastructure.
11. Investor is organization or individual with capital or person assigned to manage and use capital in order to invest in urban development projects.
12. Level 1 investor is the person assigned by the State to implement the urban development investment project. The level 1 investor may be:
a) Functional State management agencies;
b) Management Board of construction investment assigned by the competent state agencies
c) Enterprises of all economic sectors, cooperatives;
d) Political and socio-professional organizations qualified as prescribed by law.
13. Secondary investor is the level 2 investor or investor of subsequent levels involved in urban development investment project through the lease, assignment or transfer of land use right with infrastructure under the urban development investment project for investment in building construction.
14. Urban services are public services provided in urban areas such as: management, operation and maintenance of the system of technical infrastructure; hygiene and environmental protection; park and tree management; urban lighting, water supply and drainage; condominium management; funeral services, waste treatment; public transport; protection of order and security in the urban development area; health, education, commerce, entertainment, sports and other public services.
Article 3. Principle of urban development investment
1. Ensuring the consistent master plan of socio-economic development of localities and nation, complying with construction planning, urban planning, urban development deployment plans, law on construction investment and related laws.
2. Ensuring the uniform development of technical infrastructure, social infrastructure, urban landscape and architecture in association with national security.
3. Ensuring the exploitation and use of resources economically and efficiently; environmental protection and response to climate Change, natural disasters aimed at sustainable development.
4. Making a good living environment for urban residents; protecting the interests of the community in hectaresrmony with the interests of the State and the investors.
5. Preserving and promoting the national cultural identity, preserving and refurbishing cultural and historical remains.
Article 4. Land reserved for urban development
1. Provincial People's Committee shall assign Service of Construction as the focal agency to develop the urban development programs for the whole province and each urban center for submission to the provincial-level People's Committee for approval.
2. Provincial-level People's Committee based on urban planning and urban development programs, plans for urban development area implementation, land use plan approved by the competent authority, is responsible for directing organizations to provide land for urban development investment projects in the urban development area which hectaress been published.
3. Provincial and district-level People's Committee as decentralized shall organize the implementation or guide the investor to carry out the compensation, assistance and resettlement upon land recovery as prescribed by regulations of the law on land.
4. The allocation or lease of land for urban development investment is made based on the results of selection of investors via the forms of appointment, bidding, land allocation for construction of public housing or auction as prescribed by law.
5. The recovery of the whole or part of the land allocated or leased for urban development investment projects which hectaresve not been implemented or are due to slow progress is made under the provisions of the law on the land.
6. Land for construction of public housing and resettlement housing must be identified as soon as formulating and approving the subdivision planning scheme and detailed planning.
7. Provincial-level People's Committees shall specify the areas permitted to execute the transfer of land use right with the complete infrastructure investment for people to build their own houses under detailed planning of the project which hectaress been approved, after having the written consent of the Ministry of Construction.
Article 5. Investment capital for urban development
1. Investment capital for urban development areas include: the state budget, official development aid (ODA) and capital from other economic sectors.
2. Provincial-level People's Committees are entitled to use existing investment funds (including: local development investment fund, land development fund infrastructure development fund, housing development funds, etc.) to create investment funds for urban development areas.
Article 6. Encouragement, supporting and incentive for investment in urban development projects
1. The State hectaress policies to encourage, support and favor the urban development investment projects with one or more of the following criteria:
a) Investing in construction framework technical infrastructure, social infrastructure to serve the public interest without capital recovery and not in the list of the buildings in which the investors are required to invest;
b) Investing in public housing, relocation housing and renovating and rebuilding residential areas, old condominiums in accordance with the law;
c) Investing in housing construction for lease;
d) Investing in construction of buildings with application of new technologies which are environmentally friendly.
2. The State has supporting policies including:
a) Promptly publishing and providing free of charge information on the planning and deployment plan of urban development area.
b) Supporting the investment in projects to strengthen the capacity of public services to the area.
3. Other incentive cases as prescribed by law.
Tìm kiếm
Nghị định số 11/2013/NĐ-CP (Bản Word)