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 GOVERNMENT.
Number: 101 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 20, 2015

DECREE

V. The RENOVATION, REBUILDING THE APARTMENT BUILDING.

The Base Law Base. I'm The government on December 25, 2001;

House Law Base on November 25, 2014;

The Building Law Building on 18 May. Ah! 6 years 20 1 4;

Urban Planning Law. 1 June 7, 2009;

Land Law Base i 29 11 in 2013;

At the suggestion of the Minister of Construction,

Ch I'm The government issued a decree on renovation, building d. Well, We're going to the apartment.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree provides details on the renovation, reconstruction of the severely damaged apartment building, which is at risk of collapse, does not guarantee the safety of the prescribed occupiers at Article 110 of the Housing Law and the housing layout for the resettled; the regulation. a number of mechanisms, planning policies, land, finance, credit, construction technology to invest in renovation, rebuild of condomiers.

2. The demolition, the release of the face to the apartment house when the State revoked the land for use on defense, security, national interest, public interest not subject to the regulation of this decree.

What? 2. Subject applies

1. organizations, households, domestic individuals, Vietnamese settlers overseas, organized, foreign individuals are involved in the renovation activities, rebuilding the apartment building.

2. The state governing body involved in the renovation operation, rebuilding the apartment building.

3. Organization, other individuals are involved in the renovation, rebuilding of the apartment building.

Three. Fake i like words

In this decree, the words below are understood as follows:

1. An independent apartment is a block (block) apartment building (one or some units) built on a planned land area.

2. The apartment complex is home to 02 blocks (block) the apartment building has become built on a planned land area.

3. The heavily damaged apartment house, which is at risk of collapse, no longer ensuring the safety of the user (later known as the heavily damaged apartment house) as the expandable apartment house, the apartment house has been subsiduated, cracked, tipped, and unusual phenomena. Others follow the risk of assessing the risk of condomiserism and the conclusion of the quality control of the authority that has the authority to be removed, dismantled in certain times to ensure the safety of the user.

4. The dangerous apartment house is the expandable apartment house, the apartment house has been relegated, subsiduated, cracked, cracked, and other unusual phenomena according to the standard of assessing the risk of the apartment structure and the conclusion of the agency ' s quality control. There's an executive authority that needs to be moved, an emergency demolition.

5. The renovated investment project, reconstruction of the apartment house as part of a partial demolition project or the entire former apartment building and the status quo (if any) to renovate, upgrade the exterior, structure structure, extension of the area, adjust the structure of the house ' s apartment. That same or building new apartment buildings and buildings, infrastructure planning is approved by the authorities.

6. The owner of the apartment house is the owner of the apartment house apartment, which owns another area in the apartment house.

7. The owner of the apartment apartment is the person who has been granted or qualified to be granted a Certificate in possession of housing, the right to use land in and other property attached to the land for that apartment in accordance with the law of the land and the law of housing.

8. The other area owner in the apartment house is the person who has been granted or qualified to be granted a Certificate of housing ownership, the right to use land in and other property attached to the land for that area of that area according to the law of the land. And the law of housing.

Where the apartment house is flat and the other part of the state is owned, the owner of the owner is the organization, agency or unit according to the law of management, the use of the state owned housing.

9. The employer is the owner or organization, the household, the individual who is using the legal house legal through the form of rent, on loan, in thanks, to be used by the authority to use or use by the decision of the competent state agency.

What? 4. The principle of implementation of renovation, reconstruction of the apartment

1. The renovation, reconstruction of the apartment building must be implemented in accordance with the project, does not make a single-house reconstruction of each house (except for the independent cohabitation case), guaranteed in accordance with the request at Section 3 Article 112 of the Housing Law.

2. Each area with a condomiated housing, rebuilding can deploy one or more projects in accordance with the urban planning provided by the competent authorities and the standard, the standard of construction has been enacted.

3. The case of apartment owners with a need for resettlement in the place where an old apartment apartment is from the 2-window or more of the home area is located in accordance with the regulation at Point B 1 Article 116 of the Housing Law, the owner is preferred. buy more apartments at the same location at the business price due to the owner of the project and the owner of the apartment house.

4. The organizations, individuals engaged in the implementation of the renovation project, rebuild the apartment house and the owners of the apartment complex must be demolished to renovate, rebuild the condomed apartment building at Article 110 of the Housing Law that is entitled to the mechanisms, the policy follows. specified in Chapter III of this decree.

What? 5. Food forms i Renovation of the investment project, rebuilding the apartment building.

The forms of the implementation of the renovated investment project, rebuilding the condomiate under provisions at Article 113 of the Housing Law, including:

1. The owners of the apartment house are subject to the demolition to renovate, rebuild under the regulation at Article 110 of the Home Law in the selection of the business, the cooperative established, operating under the rule of law and having real estate business functions. (the latter is generally the real estate business enterprise) engaged in capital investment, or capital, which has made the demolition to renovate, rebuild the apartment.

2. The state made the investment of renovation, rebuilding the apartment house on the circumstances:

a) The apartment building has to be demolished to renovate, rebuild as stipulated in Clause 1 and Clause 2 Article 110 of the Housing Law which expires at paragraph 5 and paragraph 6 Article 7 of this decree, but the owners do not choose the business. And the real estate business to build demolition, the state that forced the dismantling of the building to make it direct to the investment, to rebuild the same house, and to build it with the provisions of the three-Article 36 of the House of Housing Act;

b) The state does the form of construction contract-transfer (BT) with the investor assuming the reconstruction of the old apartment building on the former land area or elsewhere to serve a need for resettlement to the holders of the colonial apartment building that must be demolished. To build, to rebuild.

The implementation of the housing construction project in the form of contract construction-transfer (BT) implementation follows the regulation of the relevant housing and legal legislation.

Chapter II

THE PROCEDURE, PROCEDURE, RIGHTS AND OBLIGATIONS OF THE INVESTMENT OWNER, THE OWNER WHEN CARRYING OUT THE RENOVATION INVESTMENT PROJECT, REBUILDS THE APARTMENT BUILDING.

M One.

THE SEQUENCE, THE PROCEDURE FOR THE RENOVATION OF THE RENOVATION PROJECT, REBUILT THE APARTMENT BUILDING.

What? 6. i Search, survey, and k. i Censer All right The apartment house.

1. The construction department has the responsibility of presiding, coordinating with local authorities of the organization of the investigation, surveing the state-based state of state status using the rule of law on construction, the apartment building with signs of severe damage. on the scope of the site and the organization that controls the quality of these condomiers.

The organization controls the quality of the housing work done by the rule of law on the management of the building's quality of construction.

The Construction of the Construction Guide details the assessment of the risk level of the structure and the process of regulating the quality of the apartment building.

2. For the fact that the apartment building is actually damaged, it needs to be demolished to renovate, rebuild, the Office for the Executive Building concludes the quality and report of the Provincial People's Committee, the Central City of the Central Committee (the following general). is the Provincial People ' s Committee) to inform the written owner that it is known about the test results. The text message results must be published publicly on the Electronic Information Portal of the Provincial People 's Committee, the Electronic Information Portal of the Construction Department and must be posted at least 01 times on the local language' s speech agency where there is a home. All right.

The quality control text must specify whether the apartment building is severely damaged or severely condomed under the guidelines of the Ministry of Construction Regulation 1 Article.

3. The case of an apartment complex has at least 01 blocks of houses that have to be demolished in accordance with the notification text of the Provincial People ' s Committee, and there are also the damaged and unbroken apartment blocks that the apartment has been planning to rebuild. All of these blocks are part of the demolition to renovate, rebuild the planned synchrony of the planning plan, rebuild the apartment building by the Provincial People's Committee.

What? 7. Build and announce their plans Yes. Renovation, rebuilding the apartment house.

1. After the organization of the housing quality control organization, the Construction Department is responsible for the renovation of the renovation plan, rebuilding the apartment building on the site of the approved provincial People ' s Committee, and public publication in a minimum period of 30 days on the site. The electronic portal of the Provincial People's Committee, Electronic Information Portal of the Construction Department and at the headquarters of the district, district, town, the provincial city of the provincial level (later known as the District People's Committee) and the People's Committee, the ward, the town. It was later referred to as the People's Committee of the District, and informed the settlement of the settlement of the settlement.

The case with feedback on renovation plans, rebuilding the apartment building on a maximum of 15 working days, since the date of the response to feedback that the plan has approved has no adjustments, additions, the Construction Department has a responsibility to consider, The answer to the man with a response.

In the event of an adjustment, the addition of the renovation plan, the reconstruction of the apartment building, the Construction Department is responsible for proposing a review of the Provincial People's Committee, approved by jurisdiction.

2. Plans to renovate, rebuild the local apartment building which can be established and approved separately or identified in the local housing development plan.

3. The renovation plan, reconstruction of the apartment house for apartment buildings must be demolished to renovate, rebuild the regulation at Article 110 of the Housing Law which includes the following principal content:

a) Catalogue of heavily damaged apartment houses, dangerous condomiers and condomiers located in the area to make renovate, rebuilding synchrony to the housing complex under construction planning by the state authority approved by the state authority;

b) The extent, boundary of the area of renovation, reconstruction of the apartment house;

c) The main indicator of the planning-architecture (building height; construction density; land use coefficient) for the area of renovation, reconstruction;

d) Planned capital layout plans, the capital mobiles model that carried out the renovation, rebuilding the apartment house;

Time, progress made of renovation work, rebuilding the apartment building;

e) The responsibility of implementing the plans of the organizations, the individual involved.

4. On the basis of the renovation plan, the rebuilding of the apartment building was approved by the Provincial People ' s Committee and announced, the owners of the apartment owned by the demolition to rebuild the apartment building responsible for the choice of real estate business. participate in capital investment or capital to implement the project by regulation at Article 9 of this Decree.

5. The event the apartment complex is badly damaged and the apartment building has not been demolished but is in the area that must make renovate, building synchrony with the stipulated housing complex at Clause 1 and Clause 2 Article 110 of the Housing Law after the period. A maximum of 12 months, since the day the Provincial People's Committee announced public planning of renovation, reconstructing the apartment building, if the owners did not implement the choice of the real estate business business as the owner of the project to carry out demolition. Renovation, rebuilding, the Provincial People ' s Committee was responsible for the demolition of the demolition and the organization to implement the renovation, rebuild the apartment. The protocol is in paragraph 2 Article 113 of the Housing Law.

6. The case of dangerous condomiers after a maximum period of 3 months, since the day the provincial People 's Provincial Committee held emergency relocation to break down, if the owners did not make the choice of the real estate business business as the project' s owner. The Provincial People's Committee has the responsibility of organizing the implementation of the renovation, reconstruction of the apartment building in accordance with the provisions of Article 2 Article 113 of the Housing Law.

What? 8. Corrects planning, rebuilding apartment building

1. Planning for the renovation, reconstruction of the apartment building must secure the uniform on technical infrastructure, social infrastructure and cohedities with the adjacent area; ensure sufficient area and space (including underground structures) for public use.

2. The establishment, appraisal, approval and regulation of the planning area for the condomiers need to be demolished to renovate, reconstruct the implementation of the provisions of the law on urban planning and law on the planning of construction.

3. On the basis of the renovation plan, rebuilding the approved apartment house and published under the stipulation at Article 7 of this decree, the Provincial People ' s Committee is responsible for organizing a review of the area planning the apartment building needs demolition for renovation, construction and construction. following the following regulation:

a) The case of apartment building that needs to be demolished for renovation, reconstruction in the area that has a subsection planning area (a ratio of 1/2000 or 1/5000) is approved and does not need to be adjusted, added, the implementation of the implementation process is as follows:

-The case of an independent residential or apartment complex has a land area of less than 2 ha, then the project owner does not have to set up a detailed plan that is allowed to implement the renovation project, rebuild the apartment, as defined by the rule of law. And the building of the building, and the law of the building;

-The case of an apartment complex has a land size from 2 ha or more, the project owner must hold a detailed plan (a rate of 1/500) the authorities have the authority to approve in accordance with the provisions of the law on urban planning prior to the implementation of the project. It ' s now working on the renovation project, rebuilding the apartment building.

b) The case of apartment building needs to be demolished for renovation, reconstruction in the area of no subdistrict planning area (a ratio of 1/2000 or 1/5000) and detailed planning (rates of 1/500) approved or already assigned to partition planning, approved detailed planning, But it needs to be adjusted, supplematuated, the project investment holder, the procedure for implementing a planning procedure for the areas of the apartment building, needs to be renovated, reconstructing the regulation of the law of urban planning before the implementation of the project. Renovation of the investment, rebuilding the apartment building.

4. At least 30 days, since the detailed planning date of rebuilding the condomed apartment at Section 3 This Article is approved, the Department of Construction (or the Department of Planning-Architecture for Local Planning-Architecture-Architecture) has the responsibility to organize the public. for a minimum period of 30 days at the Headquarters and the Electronics Portal of the Building Department, the Department of Planning-Architecture, at the headquarters of the District People 's Committee and the District People' s Committee where the investment project is renovated, rebuilding the apartment building.

5. On the basis of general planning, the detailed planning of the area with the apartment building to be demolished for renovation, reconstruction has been approved by the authorities, the Provincial People ' s Committee decided to allow for the regulation to increase the number of land use, public height. We ' re going to work on the infrastructure, which is consistent with the planned architecture space that has been approved and the investment efficiency of the project.

The case of adjustment of land use, height of construction, when performing renovation, reconstruction of the housing sector in the metropolitan area in cities that under the General Planning has been granted jurisdiction of approval is the area that must limit public development. The floor, reducing the density of construction and density, must be reviewed by the Prime Minister.

6. Public content information about the planning of the renovation, rebuilding the apartment house:

a) The name of the apartment complex or the independent general;

b) The location of the project;

c) The situation, the status quo, the boundary, size of the land area, the population of the region;

d) The indicators related to the planning, architecture after renovation, reconstruction, including: Building height; construction density; land use coefficient; housing area and commercial service work; technical infrastructure, social infrastructure, green plants, and more. Other public works (if any); the requirements for the organization of architecture space; landscape, environment, direction requirements and the building of urban engineering infrastructure (including underground structures);

Time, duration, progress of reconstruction and investment planning (if any).

Fuck! i Nine. The choice of investing in the renovation project, rebuilding the apartment building.

1. The procedure, the procedure of selecting the investment holder for the case of a real estate business business that participated in capital investment or that it contributes to the creation of the demolition, rebuilt in the form of regulation at Clause 1 Article 5 of this decree:

a) After the renovation of the renovation, the reconstruction of the public house was announced in accordance with Article 1, Clause 2 and Clause 3 Article 7 of this decree, the Provincial People's Committee is responsible for directing the Construction Department of the portfolio of real estate business enterprises. has qualified and capacity as a project investor to introduce and inform owners whose apartment houses are subject to demolition, renovation, construction, and investor selection;

b) The catalog of real estate business businesses issued by the Construction Department must be publicly announced at the headquarters of the District People ' s Commission and the neighborhood of residential housing for a minimum of 15 working days prior to the organization of the House Meeting. It ' s the same thing that we ' re going to do.

c) In addition to the category presented by the Department of Construction, other real estate business businesses are allowed directly to register with the property owners of the demolition to be demolished to renovate, rebuild to introduce to the Conference House Conference review, the choice. select the investor to take part in the renovation investment project, rebuild the apartment house;

d) The House Board of Directors or the District People ' s Committee for the unfounded condoman House was responsible for sending out the invitation to all the owners of the apartment to host the organization meeting the General Assembly, considering the selection of the house. invest in the following principle:

-The selection of investors involved in the renovation of the renovation project, the rebuilding of the apartment building adopted by the principle of majority in the form of voting or voting, was established as the signature text of the members presiding over the meeting and the secretary. General assembly meeting;

-The case of the apartment building is part of the state-owned area, which represents the owner of the property for that area.

-The apartment committee may invite experts to take advice on helping employers to choose investors. The funding rent was paid by the parties concerned and the owners of the house.

-The apartment conference must ensure that at least 70% of the total ownership of the apartment house is in attendance;

-Apartment holders based on the proposed filing for project participation and the compensation scheme, support, resettlement due to the real estate business business proposed to review, the choice of capital of the project. The registered business participation in the project is responsible for presenting the proposed record of participation in the project under the guidelines of the Ministry of Construction accompanying compensation, support, resettlement stipulated at Article 116 of the Housing Law and Clause 1 Article 14 of this decree. to get the members of the committee members.

In the case, only one business is registered, the business is selected to report the Committee to the Provincial People's Committee, if it is approved by 51% of the total ownership of the apartment.

e) The case with more than 01 enterprises participating in the registration is the proposed business option to report the Provincial People ' s Committee to consider, approved as the business that received the highest approval rating of the apartment holders at the Conference of the Synagogue. All right.

g) The case has more than 03 businesses sending registered participating records, the General House Board of Directors (or the organization representing the owners who have not yet established the Board of Directors) presiding, in coordination with the consultant organization (if any) the preliminary organization. recruit to select a maximum of 03 businesses to report a review of the General Assembly, the choice of capital of the project;

h) The case of an unselected condomuated apartment complex at the First General Assembly is for the first time, for a maximum period of 30 days, since the date of the first General Assembly, the Board, or the District People's Committee. The responsibility of hosting the next General Assembly to choose the investment holder and the unity of the compensation method, support, resettlement by regulation at the d point of this paragraph;

i) After the results of a business selection as a project investor, the presiding officer of the Joint Conference of the Joint House report results proposals for selecting a project investment holder accompanied by a compensation, support, resettlement of the real estate business business. option to send the Building Department where the project is.

For a 20-day period of work since the date received the report, the Construction Department has the responsibility for the appraisal of the option of the owner of the project that comes with compensation, support, and resettlement of the Provincial People's Committee to review, approv. In the 10-day period of work, since the date of receiving the appraisal text of the Construction Department, the Provincial People ' s Committee is responsible for review, issuing the bill to the owner of the project, while agreeing to approve the compensation, support, resettlement;

) After a decision to approve the project investor and the compensation, support, resettlement of the Provincial People ' s Committee, all of the owners of the apartment (including the remaining owners did not agree with the methodology that the General Assembly had been able to do). The People's Committee of the Provincial Committee approved the right to approve the content that was approved by the Provincial People's Committee, the Provincial People's Committee responsible for organizing the relocation of the relocation to the unsanctioned cases of the decision. a project investor and compensation methodology, support, resettlement has been approved under the regulatory authority;

l) After 90 days from the date of the text selection text of the project that the owner of the investment does not implement the steps under the rule of law on building and law on housing for the project was delivered by which the cause of the violation was caused by the chairman. The people of the provincial population decided to revoking the document to approve the project and direct the House Conference to choose the head of the project.

2. The state case directly invituated, reconstructing the apartment building in accordance with the provisions of the provisions of a 2 Article 5 of this decree, the Construction Department is responsible for reporting the Provincial People's Committee to decide on the selection of the project. The law of public investment, the law of housing and the law is relevant.

3. The State case performs the form of construction contract-transfer (BT) with the investor in accordance with regulation at Point 2 Article 5 of this Decree, the Construction Department reports the Provincial People ' s Committee decides to choose the owner in the form of a match. Bids or just bid by the law of the housing law and the law of bidding.

What? 10. Set up, appraisal, approve and deploy implementation of the renovation investment project, rebuild the apartment building.

1. The establishment, appraisal, approval and management of the implementation of the renovation project, reconstruction of the apartment building on the provisions of the relevant legislation on construction and law.

2. Proposition, sequence, procedure of applying for a decision to make an investment decision on the investment reform project, rebuilding the apartment building on the provisions of the law on investment, law on housing, and related legislation.

3. The implementation of the project, which includes design work, competition organization, the process of taking the work into exploitation, used within the scope of the renovation project, reconstructing the apartment building on the regulation of the law on building and law. It's relevant.

What? 11. Make the demolition of the apartment

1. The case of business business real estate investment or capital contributions with the owners of the apartment building to invest in renovation, reconstructing the condomuits as stipulated at Clause 1 Article 5 of this decree, the head of the project is responsible for the demolition of demolition. following the following regulation:

a) Chairman of the self-implementation project for the demolition of the apartment building if there is sufficient capacity under the rule of law on construction or organization, the individual has the capacity to build to carry out the demolition;

b) Before the implementation of the demolition, the owner of the investment must organize the demolition of the apartment building under the stipulation at Point c of this paragraph to the Organization for Organizational Construction and Appropriation. In the 30-day period since the date of the recipient's adoption of the apartment, the Construction Department is responsible for organizing the demolition and approval of the demolition.

c) The main content of the demolition method:

-Project name (or work) must be demolished;

-Location execution site;

-Numbers, volume, process of demolition work;

-Technical solutions, construction work for demolition;

-The solution to the safety of labor, sanitation, environment;

-The amount of manpower and vehicle types, the public execs to carry out the demolition;

-Time, progress for demolition;

-Other content involved (if any).

2. The state case makes the investment of renovation, reconstruction of the state by regulation at paragraph 2 Article 5 of this decree, the project holder is responsible by the Provincial Committee of the People's Provincial Committee, whose organization is responsible for the demolition of the apartment. The rules are on this one.

3. The case of a dangerous apartment building that must be forced to take emergency demolition by the decision of the Provincial People 's Committee, the Construction Department is responsible for the proposed relocation of the relocation project, the immigration layout and the emergency process of emergency demolition of the People' s Committee. I'm sorry.

Item 2

QUY The N AND THE RESPONSIBILITY OF THE INVESTMENT OWNER, THE OWNER OF THE APARTMENT BUILDING UPON THE IMPLEMENTATION OF THE RENOVATION PROJECT, REBUILD THE HOUSE. Tumor NG

What? 12. The rights and responsibilities of the head Yeah. Renovation, construction project. i The apartment building

1. The rights of the investment owner project to renovate, rebuild the apartment house:

a) The organization is concerned with the implementation of the procedure in accordance with the provisions of the law in the course of the legislative process, appraisal, approval, and implementation of the renovation of the investment project, the reconstruction of the apartment building;

b) For rent, leasing, housing sales and service works (if any) within the project range; perform capital raising, rent, rental, home sales, and service works (if any) according to the Rule of Housing Law and the real estate Business Law. with the service area of the service that the owner of the investment is allowed to do business and the housing area remaining, after the implementation of the resettlement layout under the agreement with the owner of the apartment and approved by the Provincial People's Committee;

c) Being implemented management, operating the technical infrastructure in the scope of the project under the decision to advocated the project investment of the competent state agency;

d) Ask the state agency to have the authority to grant the Land Use Certificate of Land, the ownership of housing and other property attached to the land for housing built in the project to resettle in place for owners and housing, construction work, and housing. is allowed to transfer to other owners in accordance with the rule of law on housing and law in real estate business;

It is granted by the Provincial People's Committee to facilitate the residence, support of capital and residential housing funds (if any) and to be entitled to the mechanisms, policy pursuits at this decree and the relevant legislation in the process of implementing the project;

e) To be implemented other rights as prescribed by the law of construction, land law and related legislation.

2. The responsibility of the investment owner of the renovation project, rebuilding the apartment house:

a) The implementation of the responsibilities of the project holder in accordance with provisions 1, 2, 3, 5, 6, 7, 8, 9 and 10 Article 26 of the Housing Law;

b) The implementation of the settlement layout, compensation, resettlement support for the owner of the apartment house is demolished under the provisions of the Housing Law, of this decree and the relevant legislation;

c) Implemonation of financial obligations and other obligations under the regulation of this Protocol and the relevant legislation.

What? 13. Rights and responsibility of the owner of the apartment in relation to the renovation investment project, rebuilding the apartment building.

1. The rights of the owner of the apartment house:

a) Be joined to choose the real estate business business investment business or capital to invest in renovation, rebuild of the apartment house;

b) Be selected for the form of compensation, the layout resettlement in place or house layout forms to serve resettlement and regulatory content at Article 14 of this decree;

c) The authority granted the authority to grant the use of the land, the ownership of the housing and other property attached to the land as prescribed by the law to the housing has been resettling;

d) to be involved in the process of monitoring the implementation of the project under the rule of law;

It is entitled to suggest that the authorities have the authority to change the head of the project and be compensated for damages in the event that the investment holder does not perform the right content and progress of the project under the decision to invest the project investment by the state authority. approval. The change of the investment owner must be passed through the General Assembly and reports the Provincial People ' s Committee to review, approve.

2. The responsibility of the owner of the apartment house:

a) Accept relocation to carry out the release, demolition of housing and construction work within the scope of the project under the authority approved by the authority;

b) Create a condition for the owner of the project, the construction contractor implementing the project according to the content that has been approved by the authority;

c) Implementiation of obligations upon implementation of a Certificate of Certificate of Land Use, property rights, and other property associated with the land as defined by the law.

What? 14. Compensation, support, resettlement

1. The compensation method, support, resettlement to the case of a real estate business estate investment or capital donation with the owners of the apartment building to implement the renovation investment project, rebuild the apartment house:

a) The compensation method, support, resettlement must be specific to each of the owners of the apartment, including the following principal contents:

-The name and address of the owner;

-The old apartment area and the other area (if any), the owner's location; the old apartment case with a secondary building area outside the apartment according to the original design, the area of the subsection is allocated to the area of the old apartment. There ' s a resettlement layout;

-The number of escorts, the number of personnel in the apartment to be demolished and resettlement.

-The deployment of resettlement: The area, the new apartment location, which owns the resettlement layout (the owner is not paid); the area, the new apartment location for which the owner is purchased further (if any) in the case of an old apartment from 02 or more;

-Temporary deployment: Money support or housing fund layout (specified area, location of apartment layout for owners);

-Other agreement content with regard to resettlement layout, temporary due to the real estate business business and the owner of the apartment house (if any).

b) The taking of the opinion of the compensation, support, resettlement is made in conjunction with the process of selecting the investment holder at the Conference of the General Assembly specified in Clause 1 Article 9 of this decree;

c) The sequence, the procedure for the Provincial People's Committee approvages the compensation, support, resettlement is done simultaneously with the presentation of the Provincial People's Committee to approve the investment selection project of the investment project, rebuilding the common house. I mean, the rules are under Article 9 of this decree;

d) On the basis of the compensation, support, resettlement approved by the Provincial People ' s Commission, the property business of real estate and the owner of the apartment building on a contract when the layout of the resettlement, homing with each of the same apartment owners It's a prototype, the Department of Construction.

2. The compensation method, support, resettlement of the case of the State of Corrects of Corrects, reconstructing the apartment house:

a) Chairman of the project was selected by the Provincial Committee of the People's Committee on the responsibility of organising the compensation, support, resettlement of each of the owners of the apartment building to the appraisal Department before the approval of the Provincial People's Committee. The compensation content, support, resettlement, includes the following principal content:

-The name and address of the owner;

-The number of escorts, the number of personnel in the apartment to be demolished and resettlement.

-The old apartment area and the other area (if any), the owner's location; the old apartment case with a secondary building area outside the apartment according to the original design, the area of the subsection is allocated to the area of the old apartment. There ' s a resettlement layout;

-The area where the new apartment is located (the owner does not have to pay); the area, the location of the new apartment to which the owner is purchased further according to the provisions of the Provincial People's Committee (if any) in the case of an old apartment from 02 or above;

-The bases calculate resettlement layout, including: Old apartment prices, new apartment prices, the difference value between the new apartment and the old apartment;

-Temporary deployment: Money support or housing fund layout (specified area, location of apartment layout for owners);

-Other content involved (if any).

b) For a 10-day period of work, since the date of receiving compensation, support, resettlement of the investment owner, the Department of Construction is responsible for the organization's appraisal and report of the Provincial People's Committee approving compensation, support, resettlement. In the 7-day period of work since the date of receiving the appraisal text of the Construction Department, the Provincial People ' s Committee is responsible for review, approving the compensation, support, resettlement.

c) The case of a dangerous apartment complex needs to be demolished, the Provincial People ' s Committee of the Provincial People's Provincial Committee to implement the Coercive Emergency of the Emergency, pursues to the provisions of Article 3 of Article 11 of this decree. After the demolition, the Chairman of the project to rebuild the apartment was chosen by the Provincial People's Committee to be in charge of the reparation, support, resettlement of the Provincial People's Committee. The procedure, the procedure for implementing, appraisal and approving the compensation method, support, resettlement of execution by regulation at Point a and Point b of this clause.

3. The case of apartment owners with no need for resettlement in place is the deployment of the resettlement implementation under the regulation at Article 36 of the Housing Law. If the owner of the house is compensated by money that has the need to buy, rent, rent a home in society, it is resolved by law on the development and management of social housing.

4. For social infrastructure works within the scope of the project (if any) the compensation, the support of the implementation by the rule of the land law.

5. Self-building, housing construction, land-building construction, uncompensated, uncompensated but only supported by law on land. Eligible for purchasing, renting, renting in social housing are settled by the regulation of the housing law.

6. The cost of catering for residential housing layout is accounted for by the cost of implementing the renovation project, rebuilding the apartment building.

Chapter III

SOME OF THE MECHANISMS, THE POLICY APPLIES TO THE INVESTMENT PROJECT REBUILD THE APARTMENT BUILDING.

What? 15. Mechans, land policy

The real estate business is the owner of the investment project renovation project, rebuilding the apartment housing the mechanisms, the following policy:

1. State of the State of the Land, which allows the purpose of transferring the land to land on the grounds of the renovation of the renovation project, reconstructing the condomiation by the rule of the law of the land.

2. The procedure, the procedure for the recovery of land, land, allows for the purpose of transferring the land of the apartment complex to be demolished to renovate, reconstructing the implementation of the law of the land.

3. Being repurposed to use a portion of the land area within the scope of the project to serve business needs, services on the basis of a guarantee consistent with the planning and decision-making of investment by the state authority approved by the state agency.

4. exempt from the use of land, land rent and target transfer purposes (if any) for the entire portion of the land area is delivered within the scope of the project (including an area of land that is allowed to be used by the purpose of this Article 3).

What? 16. Mechana; policy on capital raising investment

1. The real estate business business is the owner of the renovation investment project, rebuilding the condomuated housing of capital sources:

a) which is owned by the owner of the investment;

b) Capital capital through the form of capital, investment cooperation, business cooperation, joint venture, association of organizations, households, individuals;

c) Money buys, rent, rent in the future form for the remainder of the housing area (after resettlement layout) and area of business (if available) in the scope of the project;

d) A loan from the credit organization, the financial institution that is operating in Vietnam;

The borrower from the local housing development fund and other capital resources (if any) to implement the project.

2. The case of a new apartment housing owner which is required to submit additional cash disparities is a credit, financial institution that is operating in Vietnam; capital loans from the local housing development fund and other local capital. (if any) follow the regulation of the law on the credit and the law on the financing to pay the arbiter to submit.

3. The project investor is allowed to do business under the regulation of the housing law on the remaining housing areas (after implementing a resettlement layout) and business area, services within the project range (if any) according to the approved planning method and the project. It ' s decided to have an investment in the investment by the state agency.

Fuck! i Seventeen. Mechanisms, other preferable policies

1. The project owner is allowed to adjust the land use coefficient, increase the length of the work by regulation at paragraph 5 Article 8 of this Decree.

2. Provided for a free supply of sample designs, the typical design of housing as well as technical scientific advances on construction, construction to ensure a reduction in the cost of construction; being applied for self-implementation if there is sufficient capacity under the rules of the building. the law.

3. Be designated as a bid for the procurement package to implement immediately following the law of bidding legislation.

4. The owner of a new housing compensation is not required to pay a fee in advance of the book when issuing a Certificate in the Rights of the Land, property rights, and other property associated with the land in accordance with the rules of the law.

5. The owner of the employer is renting a state-owned apartment building (which has not been converted to private ownership) that the same residence has to be demolished to renovate, rebuild, and implement the following mechanism, the policy is as follows:

a) A new apartment building (after renovation, reconstruction) is equivalent to the site of the demolished apartment site;

b) Being considered, the settlement of buying new apartments in accordance with the rule of law on the management of the household use of the state property;

c) Being considered, the solution to buy, rent, rent social housing on the site of the site by the rule of law on housing (if there is demand).

6. The real estate business case was decided by the Provincial People ' s Committee as the head of the renovation investment project, reconstructing the regulation house in Clause 2 Article 9 of this decree, that the business was entitled to a 10% profit. The total investment of the project.

Chapter IV

EXECUTION CLAUSE

What? 18. transition regulation

1. The case has filed an offer to approve an investment or decision-making, investment of the investment project, to rebuild the condomiate before the date of the decree, but the authority has no written authority, the decision. Investing in the investment is making an agreement or a decision to make an investment in accordance with the regulatory authority of the law of the housing and the decree.

2. Case of the renovation of the investment project, the reconstruction of the approved apartment building before the date of this Decree is enforced, it is not approved by the decree of this decree.

3. The case to this Decree date comes into effect that the investment holder has been working on the approval of the renovation project, rebuilding, but the unapproved authority of the project does the approval of the project by law on housing and housing. This decree; the case of authorship authorities approved the compensation, support, resettlement prior to the date of the decree taking effect, and continued execution by the approved method.

4. The project case has made the choice of the investment holder, but by the date of this Decree effect without being given by the authority to approve the investment holder, the choice of the owner of the investment and approval of the compensation, support, resettlement. This is the decree of this decree.

5. The project case was approved, but the 12-month deadline since the date was approved by which the owner of the investment did not implement or have deployed, but was delayed more than 24 months from the approved progress that the subjective cause was determined due to. In the beginning of the investment, the Committee of the People's Committee of the Provincial Committee decided to revoking the project to hand over the other investment holder to implement the implementation of this decree.

6. For renovation projects, rebuilding the apartment building is implementing the implementation of which mechanisms, the investment holder policy enjoyed being lower than the regulatory incentives at this Decree, the project investment holder is entitled to the mechanisms, the regulatory incentive policy. At this decree.

Fuck! i Nineteen. Pediatrics Don't Let's go

1. The Ministry of Construction is responsible:

a) The board under the authority to rule guidelines detailed assessment of the extent of the extent of the structure and the process of regulating the quality of the apartment by regulation at paragraph 1 Article 6 of this decree; specifies the details of the proposed filing of the project to participate in the project. according to the provisions of Article 9 of Article 9 of this Decree; the regulation of content details and the form of contract resettlement pursues to the provisions of Article 1 Article 14 of this decree;

b) presided over, in coordination with the ministries, the relevant sector monitors, the governor, the examination and the aggregation of the Prime Minister by the time of the period in terms of the implementation of the implementation, reconstruction of the condomiers;

c) The revised study, the addition of mechanisms, policies relating to demolition, renovation, reconstructs of the apartment building to enact jurisdiction or agency to consider, enacted.

2. The ministries, which are involved in the scope of function, the task of being delivered is responsible for new or revised executive responsibility, compleming the prescribed jurisdiction associated with the demolition work of the apartment building to renovate, rebuild the apartment house for the public. in accordance with the provisions of this decree.

3. The People ' s Committee of the provinces, the Central City of the Central City, is responsible:

a) The funding and the direction of the authorities to organize the investigation, survey, regulate the quality of the apartment on the site, including the independent condomant and the expandable apartment complex, severe damage, danger on the site of the site. to plan the renovation, rebuild and mission assigned at Clause 1, paragraph 2 Article 99 of the Housing Law;

b) Direcing the organization of organizational functions, appraisal of the authority to approve or regulate the urban planning, construction planning to implement the implementation of the renovation project, rebuild the apartment house;

c) The organization, approval and publication of the renovation plan, rebuild the apartment building on the scope of the site under the provisions of this decree and report on the Ministry of Construction to follow, synthesize;

d) The organization, appraisal, planning and planning approval of new land funds to implement a resettlement housing development project for households, individuals on the right to relocate at the condomiers of the demolition to renovate, rebuild the apartment house;

Enacted by the authority of regulations, specific policy mechanisms are consistent with local conditions to make the demolition of the apartment building for renovation, rebuilding on the site of the site;

e) The organization that carried out the relocation of the apartment to the owners of the apartment building did not approve of the choice of capital investment and compensation, support, resettlement was approved by the Provincial People ' s Commission and carried out the tasks assigned to the government. according to the authority stipulated at this decree and the law is relevant.

Fuck! i Twenty. Oh. i Execs.

1. This decree has been in effect since 10 December 2015.

2. Number Resolution 34 /2007/NQ-CP July 3, 2007 The Government of the Government on a number of solutions to the implementation of the renovation, reconstruction of damaged former condomes, to the full level of enforcement from the date of this Decree is effective.

3. The content involved in the demolition work, renovation, rebranding of the apartment building is regulated in the Government Decree, the Decision of the Prime Minister, the documents of the rule of law made by the ministries, the industry, and the provincial People ' s Committee. Before this Decree is valid, in contrast to the provisions of the provisions of this decree, it is in accordance with the provisions of this decree.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung