The Decree 101/2015/nd-Cp: About Renovating, Rebuilding Of Condominium

Original Language Title: Nghị định 101/2015/NĐ-CP: Về cải tạo, xây dựng lại nhà chung cư

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The DECREE ABOUT RENOVATING, REBUILDING the CONDOMINIUM Government Organization Law base on December 25, 2001;
Pursuant to the law on housing 25, 2014;
Pursuant to the law on building 18, 2014;
Pursuant to the law on urban planning, June 17, 2009;
Pursuant to the law of the land on November 29, 2013;
According to the recommendation of the Minister of construction, the Government issued the Decree on the restoration, reconstruction of the condominium.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the details of the revamp, rebuild badly damaged homes, are at risk of collapse, does not guarantee the safety of the user according to the provisions of article 110 of the law on housing and the arrangement of housing for the people to be resettled; Regulation a number of mechanisms, policies on planning, land, finance, credit, building technology to invest in renovating, rebuilding the House.
2. The demolition, clearance for the condominium when the State revoked the land to use for defense purposes, security, national interests, public interests are not in scope of this Decree.
Article 2. Application object 1. Organizations, households, individuals, Vietnam people settled abroad, organizations, foreign individuals are related to activities to renovate, rebuild homes.
2. the management authority of the State in relation to the activities to renovate, rebuild homes.
3. organizations and individuals related to the operation to renovate, rebuild homes.
Đỉều 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the independent apartment is a block (block) condominium (there is a single integer or a number) is built on a plot of land under planning.
2. Residences is available from 2 blocks (block) condominium over which is built on a plot of land under planning.
3. Apartment was badly damaged, in danger of collapse, is no longer guaranteed safe for use (hereinafter referred to as the House badly damaged apartment) condominium is out dated term used, condominium has sunk, cracking, tilting and other extraordinary phenomena as the standard reviews dangerous levels condominium structure and conclusions quality control of the competent authority issuing that need relocating, demolishing in the given time to ensure safety for users.
4. Condominium condominium is most dangerous youth term use, condo has been downgraded, subsidence, cracks, tilting and other extraordinary phenomena as the standard reviews dangerous levels condominium structure and conclusions quality control of the competent authority issuing that need to relocate , emergency demolition.
5. Project to renovate, rebuild the condominium project is dismantling a portion or the entire apartment buildings old and current status (if any) to renovate and upgrade the exterior, structure, expand the area, adjust the structure of the apartment area condominium or new construction condominium and architectural works infrastructure, according to the master plan by the competent authority for approval.
6. the owner of the condominium owners apartment condominium, other area owners in the condominium.
7. the owner of the condominium apartment is the person who has been granted or is eligible to be issued a certificate of ownership of housing, land use and other assets associated with land for flats which under the provisions of the law of the land and housing legislation. 8. Other area owners in the condominium is the person who has been granted or is eligible to be issued a certificate of ownership of housing, land use and other properties tied to the ground for the area which under the provisions of the law of the land and housing legislation. in case of apartments, apartments and the other area owned the State of the owner's representative organization, agency or unit under the provisions of the law on management, use of State-owned housing.
9. The user is the owner of condominium or organizations, households, individuals are using legal condominium through the form of rent, borrow, in thanks, been authorized management used or used according to the decision of the authorized State agencies.
Article 4. The principle made to renovate, rebuild condo 1. Renovation, reconstruction of the apartment must be implemented according to the project, do not perform a single rebuild each House (except in the case of independent apartment), ensuring consistent with the requirement in paragraph 3 Article 112 of the law on housing. 2. Each condominium areas need renovating, rebuilding could deploy one or more projects in accordance with urban planning by the competent agency approval and standards, building standards were issued.
3. in case of condominium owners in need of resettlement on the spot where a former apartment from 2 Hukou over, in addition to the new housing area part are arranged according to the provisions of point b paragraph 1 Article 116 of the law on housing, the owner is preferred to buy more apartment in the same location as the price of doing business due to investor and the owner of the condominium agreement.
4. Organizations and individuals involved in the project to renovate, rebuild homes and condominium owners in an dismantlement to renovate, rebuild condominiums provisions of article 110 of the law of the House enjoy the mechanisms, the policy as defined in chapter III of this Decree.
Article 5. The forms of realization of investment projects to renovate, rebuild condominium forms made projects to renovate, rebuild the apartment according to the provisions of article 113 of the law on housing, including: 1. The owner of the condominium in an dismantlement to renovate , rebuilt according to the provisions of article 110 of the law on business options, housing cooperatives are established, operating under the provisions of the law and has the function of business property (hereinafter referred to as the real estate business) participation or capital contribution capital investment made the demolition to renovate condominium, rebuild it.
2. State investment to renovate, rebuild homes for the case: a) condominium in an dismantlement to renovate, rebuild as specified in item 1 and item 2 Article 110 of the law on the House in which most of the time limit prescribed in clause 5 and Clause 6 article 7 of this Decree but the owners do not choose to be real estate business enterprise to perform demolition, rebuild the State perform coercive dismantling to direct investment to renovate, rebuild homes that by the provisions in paragraph 3 to article 36 of the law of the House;
b) conducted contract forms to build-transfer (BT) with investors take on the reconstruction of the old apartment buildings on old land area or in other locations to serve the needs of resettlement for condominium owners in an dismantlement to renovate , rebuilt.
The deployment project to build houses in the form of a contract to build-transfer (BT) made under the provisions of the law and relevant laws.
Chapter II the SEQUENCES, procedures, RIGHTS and OBLIGATIONS of the owner, the OWNER in CARRYING OUT PROJECTS to RENOVATE, REBUILD the CONDOMINIUM category 1 sequence, PROCEDURE of INVESTMENT PROJECTS to RENOVATE, REBUILD CONDOMINIUM article 6. Organizing the investigation, survey and quality control for apartment 1. Construction Department is responsible, in coordination with the local authorities organizations, survey the situation status condominium off early expiry under the provisions of the law on construction, condominium has badly damaged signs on local scope and quality control organization works in the condominium.
The Organization of quality control for condominium construction made under the provisions of the law on the management of the quality of construction works.
Assigning The build guide details the assessment of dangerous levels of structural and process quality control for condominium.
2. With regard to the case of condominium in an actually damaged, need demolition to renovate, rebuild the building Department issued the concluding text quality control and report the people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) to report in writing to the owner of the apartment that knows about the the audit results. Message text control results must be announced publicly on the electronic portal of the provincial people's Committee, the electronic portal of the Department of construction and must be posted at least once in a newspaper of local agency where a condominium there.
Quality control documents must clearly state the conclusion in an apartment house damaged or dangerous condo under the guidance of the Ministry of construction regulations clause 1 eared this.
3. The case of residences have at least 12 blocks in an dismantlement under text notification of provincial people's committees, and has both the damaged apartment blocks but not yet in an dismantlement that residences that had planned to rebuild the entire State Agency has the authority to approve all the blocks of this House, are part of an dismantlement to renovate, rebuild synchronized according to the master plan in the plan to renovate, rebuild condominiums by the provincial people's Committee for approval.
Article 7. Building and announced plans to renovate, rebuild condo 1. After quality control organization, the Department is responsible for construction planning to renovate, rebuild condominiums on the scope of processes of local provincial people's Committee approval and publicized in the minimum time of 30 days on the electronic portal of the provincial people's Committee , The electronic portal of the Department of construction and the people's Committee at the County, district, town, province-level cities (hereafter referred to collectively as the district people's Committee) and the people's committees of communes, wards and towns (hereinafter referred to as the ward-level people's committees), and notice to the settlement where the project to rebuild homes.

Case comments on the plan to renovate, rebuild the condominium shall within a maximum of 15 working days from the date of receiving feedback that approved the plan without the additional adjustment, then the building Department is responsible for considering, answering people have comments.
In the event of an additional adjustment, planning to renovate, rebuild homes, the building Department has the responsibility to propose the provincial people's Committee review, approved by the authority.
2. plan to renovate, rebuild local condominium can be established and approved separately or are identified in the plan of local housing development.
3. plan to renovate, rebuild homes for the case of condominium dismantlement to renovate, rebuild the provisions of article 110 of the Housing Law includes the following principal contents: a) the category badly damaged apartment buildings, condominiums and condo located in the area must make improvement , rebuilt in sync with housing areas in an dismantled according to the construction plan by the competent State agencies;
b) range, the border area to renovate, rebuild homes;
c) targets mainly on planning-architecture (height works; building density; land use coefficient) for the area to renovate, rebuild;
d) expected capital source layout plans, financing models implemented to renovate, rebuild homes;
DD) time, the progress of implementation of the restoration, rebuild homes;
e) responsible for implementing the plans of the individual organizations concerned.
4. On the basis of the plan to renovate, rebuild condo has been the provincial people's Committee approval and publication, the owner of the condominium in an dismantlement to rebuild condominiums are responsible for selection of real estate business enterprises involved investment or capital contribution to the project in accordance with article 9 of the Decree This time.
5. where the apartment was badly damaged and the condo yet in an dismantled but is located in the area must make improvement, construction of residential district in sync with an dismantled prescribed in clause 1 and clause 2 Article 110 of the law on housing, then after a maximum period of 12 months from the date of the provincial people's Committee announced the plans to renovate, rebuild, if the owner does not make the selection of real estate business invested project implementing the demolition to renovate, rebuild, the provincial people's Committee responsible for dismantling and coercive organizations make the investment renovate, rebuild homes that follow the form prescribed in clause 2 of the Housing Act 113.6. Case, the risky condominiums after the time limit for a maximum of 3 months from the date of the provincial people's Committee held an emergency relocation to demolition, if the owner does not make the selection of business real estate investor of the project, the provincial people's Committee has the responsibility to implement the investment to renovate , rebuilt the House in the form prescribed in clause 2 of the Housing Act 113. Article 8. Planning to renovate, rebuild condo 1. Planning to renovate, rebuild condominiums must ensure synchronisation of technical infrastructure, social infrastructure and coherence with the surrounding areas; ensure sufficient space and area (including underground work) for use on the public purpose.
2. The creation, evaluation, approval and adjust the planning for condominium areas in need of demolition to renovate, rebuild made under the provisions of the law on urban planning and the law on construction planning.
3. On the basis of the plan to renovate, rebuild condominiums are approved and published as stipulated in article 7 of this Decree, the provincial people's Committee has the responsibility of your organization back to the planning area condominium needs dismantling to renovate, rebuild according to the following provisions : a) case of condominium needs dismantling to renovate, rebuild is located within the planned subdivision (ratio of 1:2000 or 1/5000) approved and does not need additional adjustment, then the deployment plan as follows:-case of apartment or condo to independently scale land smaller than 2 hectares, the project owner not planning details that are allowed to implement the investment project to renovate, rebuild condominiums under the provisions of the law on construction planning and building legislation;
-Case of apartment scale land from 2 hectares or more, the project owner must organize planning details (1/500) the competent authority for approval in accordance with the law on urban planning before implementing the project to renovate , rebuilt the House.
b) condominium case needs dismantling to renovate, rebuild public sector planning yet (ratio of 1:2000 or 1/5000) and detailed planning (ratio 1/500) were approved or planned sector, detailed planning was approved, but need to adjust additional, the owner of the project done for the planning permit for the area that needs improving, condo home rebuilding according to the provisions of the law on urban planning before implementing the project to renovate, rebuild homes.
4. At the latest 30 days from the date of the detailed planning to rebuild condo rules in paragraph 3 of this article is approved, the Department of building (or the Department planning-architecture for the local Department of planning-architecture) is responsible for the organisation announced during a minimum of 30 days at the Agency headquarters and the electronic portal of the Department of construction , Department of planning & architecture, the people's Committee at the district level people's committees and ward where there are investment projects to renovate, rebuild homes.
5. on the basis of the overall planning, detailed planning of the area has a condo in need of demolition to renovate, rebuild has been approved by the competent authority, the provincial people's Committee decision allowing adjustment of land use coefficient increases height works, ensuring the system connection infrastructure line of architectural space according to the approved plan and the efficiency of investment projects.
The case of adjusting land use coefficient increases height works when done to renovate, rebuild homes in the inner city in the municipality which, according to the General plan has been approved by the authority is limited to areas of high-rise development, reduce building density and the density of residence must be the prime consideration , approved.
6. content publicly available information about the detailed planning to renovate, rebuild condominiums: a) condominium or condo Name independent;
b) location of the project;
c) situation, status characteristics, boundaries, land area, population of the area;
d) criteria related to the planning, architecture after the restoration, reconstruction, including: height works; building density; coefficient of land use; an area of housing and commercial service works; technical infrastructure works, social infrastructure, green plants and other public works (if any); the requirements for the Organization of architectural space; the landscape, the environment, the requirements of the target connection and the urban infrastructure (including underground work);
DD) time, the progress of rebuilding and investment divergence plan (if available).
Article 9. The choice of the investor investment project to renovate, rebuild condo 1. Order and procedure of selecting investors for real estate business enterprise participation or capital contribution capital investment made the demolition to renovate, rebuild in the form prescribed in paragraph 1 of article 5 of this Decree: a) after plans to renovate, rebuild condominiums are published according to the provisions in clause 1 , Item 2 and Item 3 article 7 of this Decree, the provincial people's Committee has the responsibility for directing the Department to build up business directory real estate business have enough conditions and capacity to do the project owner to introduce and inform the owner in an apartment house dismantlement , renovating, rebuilding and organized selection of investors;
b) business directory real estate by building the demo must be announced publicly at the headquarters level and ward people's Committee in the locality where the condominium in minimum time 15 working days prior to the Conference home to condominium owner choice project;
c) list by the construction of demo, the property business are allowed to directly subscribe to the condominium owners in an dismantlement to renovate, rebuild to introduced to condominium Review Conference, selection of participating investors make their investment projects to renovate , rebuild homes;
d) condominium board or district people's Committee for the condominium has not established the Board of Trustees is responsible for sending invitations to all condominium owners to host Conference condo review, decide the selection of the investor according to the following rules :-the selection of investors participated in investment projects to renovate, rebuild the condominium was through the principle of majority voting or by voting, was established as the minutes signed by the members chaired the meeting and the Secretary of the meeting the meeting house;
-The case of condominium in an dismantlement partly State-owned area, the owners ' representatives for the area which joined the meeting house;
-Condominium Conference may invite other experts to advise the owner of the condominium option investors. Funding to hire consultants because the parties to the agreement and condominium owners pay;
-Condominium Conference must ensure that at least 70% of the total number of owners of apartments and condominiums that attend;

-Condominium owners based on the profile proposed project registration and compensation, resettlement, supported by real estate business proposals to consider, the choice of the investor of the project. Registered enterprises to join the project is responsible for presenting the proposed profile to register to join the project under the guidance of the Ministry of building support, compensation, relocation provisions of article 116 of the law and article 14 paragraph 1 of this Decree, to obtain the opinion of the members.
DD) where only a business enrolling in the business that are choosing to report provincial people's committees to consider, approve if reach 51% from the rate over the total number of owners of apartments and condominiums that agree;
e) where there is more than 1 registered enterprises, the proposed business chooses to report the provincial people's Committee to consider, approve is the enterprise received the highest rate of consent of the owner of the condominium at the condominium;
g) where there is more than 10 businesses send enrolling Board the condominium (or representative of the owner with respect to the condominium has not established the Board of Trustees), in collaboration with consultants (if there) the organization selected to choose a maximum of 3 businesses to report the condominium Review Conference , select the project owner;
h) condominium facilities Council case has not chosen to be the investor at the meeting, the first condominium within a maximum of 30 days from the date of the Conference the first tenement house, by the administrator or the district people's Committee has the responsibility to organize the meeting house next to the choice of the investor and the local consistency compensation, resettlement assistance, as defined in Point d of this paragraph;
I) after the selection results, businesses invested in the project, the person chairing the meeting house reporting results suggest the choice of accompanying project owner compensation, resettlement, support of business property are selected send Property construction projects.
Within 20 working days of receiving the report, the building is responsible for evaluation of alternatives enclosed project owner compensation, resettlement assistance, the provincial people's Committee to consider, approve. Within 10 working days from the date of receipt of the appraisal Department of construction, the provincial people's Committee is responsible for reviewing, enacting investor approval of the project, at the same time accepting the compensation, resettlement assistance;
k) after having decided to approve the project owner and compensation plans, support, relocation of provincial people's committees of all condominium owners (including owners of rest not with the methods that the Conference was the apartment house and the provincial people's Committee approval) is responsible for the proper observance of the contents have the provincial people's Committee approval, the provincial people's Committee has the responsibility for coercive organizations relocate for the case of non-observance of the decision to approve the project and owner compensation, resettlement, assistance has been approved by regulatory authorities;
l) after 90 days of having text selection project owner that the owner does not implement the steps taken under the provisions of the law on construction and housing legislation with respect to project was delivered which causes the violation by the owner caused the provincial people's Committee decided to revoke the approval owner that project and Conference Director condominium to choose again client project.
2. in case of direct State investment to renovate, rebuild the condominium in the form prescribed in clause 2 a Đỉểm article 5 of this Decree, the building Department has the responsibility to report the provincial people's Committee decided to select the investor of the project in accordance with the law on public investment housing legislation, and relevant legislation.
3. in case the State made the build-transfer (BT) with investors as defined in point b of Paragraph 2 of article 5 of this Decree, the Department of construction of the people's Committee report granting the owner selection decisions in the form of tender or the tender specified under the provisions of the law and the law on tenders.
Article 10. Creation, evaluation, approval and implementation of the investment project to renovate, rebuild condo 1. The preparation, appraisal, approval and management of investment projects to renovate, rebuild homes made under the provisions of the law on construction and relevant legislation.
2. the proposed profile, sequence, procedure on approval decisions undertakings for investment projects to renovate, rebuild homes made under the provisions of the law on investment, housing law and related laws.
3. The implementation of the project, including design, organization, execution, brought the work to the exploitation, use in the scope of the project to renovate, rebuild homes made under the provisions of the law on construction and relevant legislation.
Article 11. Perform demolition condominium 1. Business case the business property or capital contribution capital investment with condominium owners to invest the revamp, rebuild the condominium as defined in paragraph 1 of article 5 of this Decree, the project owner has the responsibility to organize demolition under the provisions of the following : a) the self project owner make the dismantling condominium if qualified under the provisions of the law on building or renting organization, individuals who have the capability of building to do demolition;
b) before dismantling, the investor must organize plans demolition condominium as defined in point c of this paragraph to send construction organization evaluation and approval. Within 30 days from the date of the house demolition projects as proposed by the investor, the organization responsible for evaluation and approval dismantling;
c) content of the dismantling plan:-the name of the project (or works) dismantlement;
-The location of the project;
-The number, mass, scale dismantling;
-Technical solutions, implementation to perform the dismantling;
-Solutions to ensure occupational safety, hygiene, the environment;
-The number and type of media vehicles, construction machines to perform dismantling;
-Time, progress dismantling;
-Other relevant content (if any).
2. in case the State made the investment to renovate, rebuild the condominium as defined in paragraph 2 of article 5 of this Decree, the investor's project by the provincial people's Committee responsible choices organized demolition condominium that sequence, the procedure prescribed in paragraph 1 of this article.
3. in case of condominium dangers that are coercive dismantling of emergency according to the decision of the provincial people's Committee, the Department is responsible for building the proposed relocation, temporary residents to layout and coercive approach to emergency demolition process of the provincial people's Committee for approval.
Section 2 RIGHTS and RESPONSIBILITIES of the OWNER, the OWNER of the CONDOMINIUM when IMPLEMENTING INVESTMENT PROJECT to RENOVATE, REBUILD CONDOMINIUM article 12. The rights and responsibilities of the investor investment project to renovate, rebuild condo 1. Rights of owner project to renovate, rebuild condominiums: a) agency requirements, relevant organizations perform the procedures as prescribed by the law in the process of creation, evaluation, approval and implementation of the investment project to renovate, rebuild homes;
b) leasing, hire purchase, sale of housing and public works services (if any) within the scope of the project; implementation of capital mobilization, rents, hire purchase, sale of housing and public works services (if any) prescribed by the law on housing and real estate business law for the work area service that allowed business owner and an area of housing remaining, after doing the layout of resettlement under option agreement with General home owners and the provincial people's Committee approval;
c) made management, operation of technical systems within the scope of the project by the decision advocates the project investment of competent State agencies;
d) requires that the competent State Agency certificates of land use rights, ownership of housing and other assets associated with land for housing to be built in the project to arrange resettlement for the premises owners and housing, construction works are allowed to transfer to the other owners in accordance with the law on housing and the law on the real estate business;
DD) provincial peoples Committee facilitates, supports and transient Housing Fund (if any) and enjoy the mechanisms, the policy prescribed in this Decree and relevant laws in the process of implementing the project;
e) made other rights under the provisions of the law on construction, land law and relevant laws.
2. The responsibility of the investment project to renovate, rebuild condominiums: a) made the responsibility of the owner of the project as defined in the terms of 1, 2, 3, 5, 6, 7, 8, 9 and 10 of the 26 housing Law Thing;
b) perform live layout, compensation, resettlement assistance for owners of condominium dismantled according to the provisions of the Housing Act, of this Decree and relevant laws;
c) make the financial obligations and other obligations under the provisions of this Decree and relevant laws.
Article 13. The rights and responsibilities of owners of condominium-related projects to renovate, rebuild condo 1. The rights of owners of condominium: a) Are taking the choice of business capital investment property or capital contribution to investment to renovate, rebuild homes;
b) chosen form of compensation, resettlement arrangement spot or the housing layout form to serve resettlement and the content of the provisions of article 15 of this Decree;
c) Be competent authority certificate of land use rights, ownership of housing and other assets attached to land under the provisions of the law for housing was arranged resettlement;

d) Be involved monitoring the process of implementation of the project in accordance with the law;
DD) Was right to suggest that the Agency has the authority to change the owner of the project and to compensation for damage in the event the owner does not make the right content and progress of the project by the decision advocates the investment project by the competent State agencies for approval. The change owner must be through condominium and Conference report the provincial people's Committee to consider, approve.
2. The responsibility of the owner of the condominium: a) Executive relocating to relief, housing demolition and construction works in the scope of the project under the scheme was approved by the competent authority;
b) create conditions to the investor of the project, the contractor building the project implementation according to the content has been approved by the competent authority;
c) perform your obligations when performing the certification procedure of land use rights, ownership of housing and other assets attached to land under the provisions of the law.
Article 14. Support, compensation, resettlement of 1. Compensation, resettlement, assistance for business property or capital contribution capital investment along the condominium owners to implement investment projects to renovate, rebuild condominiums: a) support, compensation, resettlement must identify specific to each condominium owner , includes the following principal contents:-name and address of the owner;
-The old apartment area and other area (if applicable), location of the apartment of the owner; the case of the old apartments have extra work area outside the apartment according to the original design, the extra area part which calculated allocation (included) into an area of the old apartment when doing the layout of resettlement;
-The household, number Of demographics in the apartment dismantlement in an arranged resettlement;
-The arrangement of resettlement: area, location of the new apartment owners are arranged resettlement (owners do not have to pay); area, the location of the new apartment owners are buying more (if any) in the case of old apartments have from 2 household;
-The layout is transient: support with money or temporary housing funds spread layout (stating the area, location of the apartment layout transient for the owner);
-The content of the agreement relating to resettlement arrangement, transient due to the business of real estate and condominium owner agreement (if any).
b) your opinions, support compensation, resettlement was made in conjunction with selection process owner in condominium Conference provided for in paragraph 1 of article 9 of this Decree;
c) sequence, procedure of the provincial people's Committee approved compensation plans, support, resettlement was done concurrently with the provincial people's Committee approved options Investor investment project to renovate, rebuild the condominium as defined in paragraph 1 of article 9 of this Decree;
d) on the basis of compensation, assistance, resettlement was the provincial people's Committee approval, business real estate and condominium owners make contract when arranging relocation, temporary residence with each condominium owner form due to The Build Guide.
2. Compensation, resettlement assistance for cases of State investment to renovate, rebuild condominiums: a) the owner of the project was the provincial people's Committee responsible choice held up compensation, resettlement assistance for each condominium owner sent the Department build the appraisal before the provincial people's Committee approval. Content support, compensation, relocation, mainly content include the following:-the name and address of the owner;
-The household, number Of demographics in the apartment dismantlement in an arranged resettlement;
-The old apartment area and other area (if applicable), location of the apartment of the owner; the case of the old apartments have extra work area outside the apartment according to the original design, the extra area part which calculated allocation (included) into an area of the old apartment when doing the layout of resettlement;
-Area, the location of the new apartment owners are arranged (owners do not have to pay); area, the location of the new apartment owners are buying more under price regulation of the provincial people's Committee (if any) in the case of old apartments have from 2 household;
-The layout calculation base relocation, including: price apartments, new apartments, the value difference between the new and old apartments, apartment;
-The layout is transient: support with money or temporary housing funds spread layout (stating the area, location of the apartment layout transient for the owner);
-Other relevant content (if any).
b) within a period of 10 working days from the date of receiving compensation, support, resettlement of the owner, responsible for organizing the evaluation and reporting of provincial people's Committee approval, compensation, resettlement assistance. Within 7 working days from the date of receipt of the appraisal Department of construction, the provincial people's Committee has the responsibility to review and approve compensation, resettlement assistance;
c) condominium case danger need emergency demolition, the provincial people's Committee to steer the Organization perform coercive emergency demolition condominium that prescribed in paragraph 3 article 11 of this Decree. After the demolition, the investor of the project of rebuilding condominiums are the provincial people's Committee responsible option set support, compensation, resettlement of the provincial people's Committee for approval. The procedures performed in the preparation, appraisal and approval support, compensation, relocation implementation as defined in point a and point b of this paragraph.
3. in case of condominium owners do not have the resettlement needs in place, then the arrangement of resettlement carried out according to the provisions of article 36 of the law on housing. If the condominium owners received compensation by money that needs to purchase, lease, hire purchase of social housing shall be settled according to the provisions of the law on the development and management of social housing Assembly.
4. for the social infrastructure works within the scope of the project (if any) then the compensation, assistance made under the provisions of the law of the land.
5. in The case of built-in, self build houses, construction works on the land of unauthorized encroachment is not compensation that is prescribed by the law of the land. The case is eligible to purchase, lease, hire purchase of social housing shall be settled according to the provisions of the law on housing. 6. Costs for temporary housing arrangement is on the accounting costs of investment projects to renovate, rebuild homes.
Chapter III a NUMBER of MECHANISMS, the POLICY APPLIES to PROJECTS of CONDOMINIUM RECONSTRUCTION article 15. The mechanism of land policy, the business owner is real estate investment project to renovate, rebuild homes are entitled to the following policy mechanisms: 1. Is State land, allowing the transfer of the land use for the purpose of the land within the project to renovate condominium rebuilding, under the provisions of the law of the land.
2. The order and procedure for implementation of the recovery of the land, allowing the transfer of the land use purpose the apartment belongs an dismantlement to renovate, rebuild made under the provisions of the law of the land.
3. transfer purpose use a portion of the land within the scope of the project to serve the needs of business, the service on the basis of ensuring conformity with the plan and investment policy decisions by the competent State agencies for approval.
4. get free use of land, land lease and land use purposes transfer money (if any) for the entire land is allocated within the scope of the project (including the portion of land is allowed to switch the purpose of use stated in paragraph 3 of this article).
Article 16. Mechanisms, policies on capital mobilization 1. Real estate business is investor renovation investment project, the rebuilding of condominiums were the sources of capital: a) of capital owned by the investor;
b) capital through capital contribution forms, investment cooperation, business cooperation, joint ventures, affiliate organizations, households, individuals;
c) money purchase, lease purchase, rent in formation in the future for the rest of the housing area (after the resettlement arrangement) and business work area (if any) within the scope of the project;
d) loans from credit institutions, financial institutions are active in Vietnam;
VND) loans from the Housing Development Fund and other local sources of capital (if any) to implement the project.
2. where the owner of the condominium is a new apartment layouts that are filed more difference, then get the loan area credit institutions, financial institutions are active in Vietnam; loans from the Housing Development Fund and other local sources of capital (if any) under the provisions of the law of credit and the financial legislation to pay the difference to be paid.
3. The owner of the project business is permitted under the provisions of the law on housing for the remaining housing area (after the implementation of resettlement arrangement) and the business services area within the scope of the project (if any) according to approved plan and investment policy decisions by competent State bodies.
Article 17. The mechanisms and other incentive policies 1. The investor of the project is allowed to regulate land use coefficient, increasing the height of the work prescribed in Clause 5 article 8 of this Decree.
2. Provided free design templates, the typical design of houses as well as the science and technology progress of implementation, to ensure the construction construction cost reduction; applied forms of self made if enough capacity in accordance with the law.
3. the appointed contractor for tenders need to deploy immediately in accordance with the law on tenders.
4. in case the owner be compensated new housing does not have to pay before the contacts when the certification of land use rights, ownership of housing and other assets attached to land under the provisions of the law of stamp fees.

5. Where the use of the apartment are rented apartments owned by the State (not yet converted to private ownership) that that condo in an dismantlement to renovate, rebuild, then follow the policy mechanisms such as the following: a) Are further arranged to rent a new apartment (after the restoration , rebuilt) have the equivalent area in the place condominium dismantled;
b) be reviewed, resolved to buy new flats under the provisions of the law on the management of using state-owned housing;
c) be reviewed, resolved the purchase, hire, hire-purchase of social housing on the local scope in accordance with the law on housing (on request).
6. The case of the real estate business is provincial people's Committee decided to make the investor investment project to renovate, rebuild the condominium regulations in paragraph 2 article 9 of this Decree, the businesses that enjoy the profit level of 10% of the total investment of the project.
Chapter IV the TERMS OF IMPLEMENTATION of Article 18. Transitional provisions 1. The case has recommended filing approved investment policy or decisions undertakings for investment projects to renovate, rebuild homes before the Decree has effect, but competent authorities have not yet issued a written investment policy decisions, then the approval or implementation decisions undertakings invest according to the jurisdiction rules of the law and this Decree.
2. where the investment project to renovate, rebuild condominiums have been approved before the date this Decree is in effect is not approved under the provisions of this Decree.
3. Cases to date this Decree has the effect that the owner did the procedure for approval of investment projects to renovate, rebuild, but competent authorities have not yet approved the project, the implementation of the project approval under the provisions of the laws and decrees; case the competent authority has approved compensation, resettlement assistance, before the Decree has effect shall continue to comply with the approved plan.
4. where the project has made the choice of the investor, but come on this Decree has the effect that the competent authority has not yet been approved, the owner the choice of the investor and approved compensation, resettlement assistance made under the provisions of this Decree.
5. where the project has been approved, but the time limit of 12 months from the date of approval that investors are not implemented or implemented, but was too slow compared to the tempo/24 was approved that the subjective cause is determined by the owner caused the provincial people's Committee decision revoking the project for delivery to the server other investments take on the implementation of the provisions of this Decree.
6. With respect to the projects to renovate, rebuild condominiums are implemented that the mechanism of preferential policies, investors are entitled to more lower level of incentives provided for in this Decree, the project owner to enjoy the preferential policy, mechanism specified in this Decree.
Article 19. Responsibility 1. The Ministry of construction is responsible for: a) issued under regulation authority guide details the assessment of dangerous levels of structural and process quality control for condominium as defined in paragraph 1 of article 6 of this Decree; detailing the proposed profile to register to join the project as specified in point d clause 1 article 9 of this Decree; detailing the content and forms of resettlement arrangement as defined in point d article 14 paragraph 1 of this Decree;
b) presiding, in coordination with the ministries concerned monitor, supervise and report aggregate test Prime periodically on the implementation of renovation, reconstruction of the condominium;
c) revised study, additional mechanisms, policies relating to demolition, renovation, reconstruction of the condominium to issued by the authority or the competent authority consideration, promulgation.
2. The relevant ministries in the scope function, tasks are responsible for enacting new or modified, supplemented the provisions assigned jurisdiction relevant to the work of demolishing homes to renovate, rebuild homes for compliance with the provisions of this Decree.
3. the people's committees of provinces and cities under central responsibility: a) arranged funding and directs the Agency to organize the investigation, survey, condominium quality on local scope, including condominium and apartment off early-term of use , damaged, dangerous on the scope to plan restoration, rebuilding and tasks assigned in paragraph 1, paragraph 2 Article 99 of the law on housing;
b) directs authorities held up the evaluation process, the Agency has the authority to approve or regulate urban construction planning, to implementation of the project to renovate, rebuild homes;
c) held up approval, and announced plans to renovate, rebuild homes on the range the area under the provisions of this Decree and the report of the Ministry of construction to track, aggregate;
d) Organization, evaluation, planning and layout of the new land fund to implement the project for the development of resettlement housing for households, in an individual to relocate in the condominium in an dismantlement to renovate, rebuild homes;
DD) issued under the authority of the rules, the specific policy mechanisms consistent with local conditions to perform the dismantling condominium to renovate, rebuild on the range;
e) organizations make the coercive relocation for the case of condominium owners do not approve the selection owner and compensation, assistance, resettlement was the provincial people's Committee approval and implement the tasks assigned under the authority provided in this Decree and relevant laws.
Article 20. Effect 1. The Decree has effect from the date of 10 December, 2015.
2. Resolution No. 34/2007/NQ-CP on July 3, 2007 by the Government on a number of solutions to make improvements, rebuilt the damaged old apartment, down to the level most effective since the date of the Decree has effect.
3. The content is related to the work of demolition, renovation, reconstruction of condominiums are regulated in the Government Decree, the Prime Minister's decision, the legal texts by the ministries and the provincial people's Committee issued before the date of the Decree has effect that are contrary to provisions in the scope of this Decree then follow the provisions of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.

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