Chapter IV
GUIDING ON TRANSITIONAL HANDLING
Article 25. To review and classify projects on housing and new urban area development which have been approved and permitted investment
1. The provincial People’s Committees shall assign Construction Services to preside over organization or reviewing and assessing actual conditions of implementation and classification of projects on housing and new urban area development which have been approved, permitted investment before the effective date of Decree No. 11/2013/ND-CP; clarify status of real estate inventory in localities to report to the provincial People’s Committees.
2. Based on result of review and assessment of practical implementation and classification of projects on housing and new urban area development, data on real estate inventory, forecast on housing and urban service needs at the request of market, strategy and plan on housing development, ability of mobilizing resources for the work of construction investment, the provincial People’s Committees shall decide on suspension, termination or further implementation of projects stated in Clause 1 this Article.
3. Classification of projects to propose, consider deciding on suspension, termination or permission of implementation need base on the basic principles for each following group:
a) Group of projects permitted further implementation: Projects with project products satisfying needs on housing of market; in line with subdivision planning (or urban general planning – in case it is not required to make subdivision planning) and programs, plans on housing development already been approved; investor with capability able to ensure completion of project with proper progress and quality as approved;
b) Group of projects which need to be adjusted for the further implementation: Projects which have basically finished the work of ground clearance, projects which have invested but need to be adjusted to be consistent with urban planning and programs, plans on housing development already been approved, or need adjust product types and time of provision to be consistent with forecast on housing need of market;
c) Group of suspended projects: Projects which have basically finished the work of ground clearance but have house products of the same kind of products which cannot sell on market and cannot adjust; projects which have not yet performed the ground clearance or area of ground clearance obtaining low rate (less than 30); projects which investors have insufficient capability for project performance;
d) Group of terminated projects: Projects which fail to make ground clearance, projects with function inconsistent with the approved urban planning; projects which are performed with delayed progress must be handled by withdrawal as prescribed by law on land and real estate.
4. Based on decisions on termination, suspension, further implementation of projects, the provincial People’s Committees shall direct Services of Construction in guiding investors to perform solutions of transitional handling in line with each project under Articles 49, 50, 51 of Decree No. 11/2013/ND-CP.
Article 26. Transitional handling for projects on urban development investment which area permitted further implementation
1. For projects on housing development and projects on new urban areas performing adjustment of apartment structure and transferring commercial houses to social houses or service works under Government’s Resolution No. 02/NQ-CP dated January 07, 2013, on a number of solutions to remove difficulties for business production, market support in handling of bad debts: Adjustment of projects shall comply with Circular No. 02/2013/TT-BXD dated March 18, 2013 of the Ministry of Construction.
2. For projects on housing development which have been approved investment as prescribed in Government’s Decree No. 71/2010/ND-CP and projects on new urban areas which have been permitted investment as prescribed in Government’s Decree No. 02/2006/ND-CP before the effective day of Decree No. 11/2013/ND-CP, they are not required to do procedures for approving investment again as prescribed in Decree No. 11/2013/ND-CP. During implementation, if having need of adjustment of projects, the adjustment shall comply with Article 51 of Decree No. 11/2013/ND-CP and law on construction.
3. For projects on new urban areas which have been permitted investment as prescribed in Government’s Decree No. 02/2006/ND-CP before the effective day of Decree No. 11/2013/ND-CP, and have had charter of management for implementation of the approved projects, they still comply with contents specified in the approved charter.
4. For projects on new urban areas and projects on housing development which have been approved guideline of investment by competent authorities before the effective day of Decree No. 11/2013/ND-CP, but not yet been approved investment or decided on investment permission. From the effective day of Decree No. 11/2013/ND-CP, in order to ensure progress for the work of investment preparation while waiting the approval of competent authorities for concerned urban development areas, the provincial People’s Committees shall direct to update these project in list of projects of urban development area anticipated establishment, concurrently allow investor to further conduct dossier of proposal to apply for investment approval under Decree No. 11/2013/ND-CP.
Article 27. Program on urban development
1. For urban areas with program on urban development (specified at clause 1 Article 4 of Decree No. 11/2013/ND-CP) approved under regulation, the provincial People’s Committees shall, base on the master plan on social-economic development, construction planning of province, urban general planning already been approved, programs on housing development, forecast of development need in reality, ability of mobilizing investment capital, direct specialized agencies of construction state management in making diagram of allocating urban development areas at same deadline of implementation as the basis for making dossier of proposal of urban development area and submitting it to competent agencies for approval under regulations.
2. The formulation, appraisal and approval of program on urban development shall comply with the guiding Circular of the Ministry of Construction.
Article 28. Guide on costs for formulation, appraisal of dossier of proposal of urban development area and Appraisal charge of dossier of proposal for investment approval
1. Costs for formulation, appraisal of dossier of proposal of urban development area shall comply with the guiding Circular of the Ministry of Construction.
2. Appraisal charge of dossier of proposal for investment approval shall comply with the guiding Circular of the Ministry of Finance on guiding collection, remittance, management, and use of appraisal charge of construction investment projects.
Tìm kiếm
Thông tư liên tịch 20/2013/TTLT-BXD-BNV (Bản Word)
Thông tư liên tịch 20/2013/TTLT-BXD-BNV (Bản Pdf)