Detail

THE MINISTRY OF CONSTRUCTION
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SOCIALISTREPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 16/2010/TT-BXD

Hanoi, September 01, 2010

CIRCULAR

SPECIFYING AND GUIDING SOME CONTENTS OF THE GOVERNMENT'S DECREE NO. 71/2010/ND-CP DATED JUNE 23, 2010, DETAILING AND GUIDING THE HOUSING LAW

 

Pursuant to the Government's Decree No. 17/2008/ND-CP dated February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law;

The Ministry of Construction specifies and guides some contents of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law as follows:

Chapter I

GENERAL PROVISIONS

Article 1.

Scope of regulation

This Circular specifies and guides some contents of the Government's Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding the Housing Law (below referred to as Decree No. 71/2010/ND-CP) regarding house ownership, housing development, use management of houses, house-related transactions and state management of houses.

Houses governed by Decree No. 71/2010/ND-CP and this Circular include: houses (villas, detached houses and condominium apartments) which are built for sale, lease or lease-purchase to meet the market demand under the market mechanism (including houses in new urban centers and eco-tourism resorts and houses for multiple-use purposes); houses under state ownership; houses built for sale, lease or lease-purchase under the state-prescribed mechanism (social houses); resettlement houses; and detached houses of households and individuals in urban and rural areas.

Article 2.

Subjects of application

This Circular applies to the following entities that are engaged in house-related transactions in Vietnam:

1. Domestic organizations and individuals;

2. Foreign organizations and individuals and overseas Vietnamese;

3. Other organizations and individuals engaged in house-related transactions.

Chapter II

HOUSING DEVELOPMENT

Article 3.

Classification of housing development projects

Housing development projects specified in Article 4 of Decree No. 71/2010/ND-CP are of the following types:

1. Projects on housing area development which aim to synchronously build technical and social infrastructure systems, houses and other architectural works in project areas.

2. Independent housing development projects, including:

a/ Grade-II housing projects within housing area development projects defined in Clause 1 of this Article or projects on building new urban centers or eco tourism resorts;

b/ Independent housing projects to build only single house or groups of houses in existing residential quarters or urban centers with available technical infrastructure systems;

c/ Houses for multiple-use purposes (to be used as houses, offices, trade and service centers).

Article 4.

Sequence of and procedures for appointment of investors of commercial housing development projects

1. In case only one investor registers to act as investor of a housing development project in a land plot planned for commercial housing development:

a/ Within the time limit for disclosure of information on commercial housing development projects specified in Clause 2, Article 14 of Decree No. 71/2010/ND-CP, the investor shall send (directly or by post) a written registration for acting as investor of the housing development project to the provincial-level Construction Department of the locality in which the project will be implemented.

If, within the time limit specified in Clause 2, Article 14 of Decree No. 71/2010/ND-CP, only one investor registers to act as investor of the housing development project, the provincial-level Construction Department shall request in writing that investor to directly submit 2 sets of dossier proving its capabilities (comprising copies of papers specified in Article 12 of Decree No. 71/2010/ND-CP, documents proving the investor's experience, the investor's proposals and the project's estimated total investment);

b/ On the basis of the investor's dossier, the provincial-level Construction Department shall propose the People's Committee of the province or centrally run city (below referred to as provincial-level People's Committee) to form an expert team consisting of representatives from the provincial-level Departments of Construction; Natural Resources and Environment; Planning and Investment; Finance; and Architecture-Planning (for provinces and centrally run cities with Architecture-Planning Departments) to examine and evaluate the investor's dossier. In case the investor is qualified to be project investor, the provincial-level Construction Department shall send a report, enclosed with a minutes of the expert team's meeting, to the provincial-level People's Committee requesting the latter to appoint the investor of the housing development project. The investor appointment decision shall be made according to the form provided in Appendix 1 to this Circular (not printed herein).

In case the investor is unqualified, the provincial-level Construction Department shall notify in writing the investor of the reason and propose the provincial-level People's Committee to consider and appoint another investor to act as project investor.

c/ The investor that is appointed by the provincial-level People's Committee as project investor shall formulate and submit a 1:500-scale detailed plan (for areas for which only 1:2,000-scale plans are available) to a competent agency for appraisal and approval or propose a competent agency to accept the project's general site plan, architectural plan and technical infrastructure solutions (below referred to as the general site plan), for cases in which a 1:500-scale detailed plan is not required by the planning law.

After the 1:500-scale detailed plan is approved or the general site plan is accepted, the investor shall carry out procedures for investment approval and organize the formulation, appraisal and approval of the housing development project under Article 7 of Decree No. 71/2010/ND-CP, Articles 5 and 6 of this Circular and the construction law.

2. In case an investor who has acquired lawful land use rights under the land law and complying with housing development plans registers to act as project investor:

a/ The investor shall directly submit to the provincial-level Construction Department of the locality in which the project will be implemented 2 sets of dossier proving its capabilities (comprising copies of papers proving lawful land use rights according to the land law, copies of papers specified in Article 12 of Decree No. 71/2010/ND-CP, the investor's proposals and the project's estimated total investment);

b/ After receiving the investor's dossier, the provincial-level Construction Department shall carry out procedures specified at Point b, Clause 1 of this Article. In case the investor is unqualified for acting as project investor, the provincial-level Construction Department shall notify in writing the investor of the reason;

c/ The investor that is appointed by the provincial-level People's Committee as investor of the housing development project shall perform tasks specified at Point c, Clause 1 of this Article.

Article 5.

Sequence of and procedures for appraisal and approval of state-funded housing development projects

1. For a housing development project capitalized at VND 30 billion or more, exclusive of land use levy (except the cases specified in Clause 5 of this Article), the investor shall directly submit to the provincial-level Construction Department of the locality in which the project will be implemented 2 sets of dossier of request for appraisal and approval of the housing development project as specified in Clause 2 of this Article. For a housing development project capitalized at under VND 30 billion (exclusive of land use levy), if the provincial-level People's Committee chairperson has authorized a district-level People's Committee chairperson to approve the project, the investor shall directly submit the dossier to the district-level house management bureau in the locality in which the project will be implemented.

2. A dossier of request for appraisal and approval of a housing development project comprises:

a/ A report, made by the investor according to the form provided in Appendix No. 2 to this Circular to the chairperson of the provincial-level People's Committee (for projects to be approved by provincial-level People's Committees) or district-level People's Committee (for projects to be approved by district-level People's Committees) requesting appraisal and approval of the housing development project;

b/ The project dossier, made according to Article 6 of Decree No. 71/2010/ND-CP;

c/ A copy of the decision approving the 1:500-scale detailed plan and 1:500-scale drawings approved by a competent agency. In case the 1:500-scale detailed plan is not required, there must be a copy of the general site plan approved by a competent planning agency under the planning law;

d/ A copy of the document on the appointment of the project investor, issued by a competent agency.

(This translation is for reference only)

(Cong bao)

Number 16
Symbol 2010/TT-BXD
Issue date 1/10/2010
Effective date 7/11/2011
Expired Date null
Signer Nguyen Tran Nam
Descriptions CIRCULAR No. 16/2010/TT-BXD THE MINISTRY OF CONSTRUCTION SPECIFYING AND GUIDING SOME CONTENTS OF THE GOVERNMENT'S DECREE NO. 71/2010/ND-CP DATED JUNE 23, 2010, DETAILING AND GUIDING THE HOUSING LAW
Office Ministry of Construction
Type of Document Circular
Field Housing and Real Estate Market
File: No. 16-2010-TT-BXD.doc