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Circular 20/2013/ttlt-Bxd-Bnv: A Guide To Some Of The Content Of The Decree No. 11/2013/nđ-Cp On 14 January 2013 By The Government On The Management Of Urban Development Investment

Original Language Title: Thông tư liên tịch 20/2013/TTLT-BXD-BNV: Hướng dẫn một số nội dung của Nghị định số 11/2013/NĐ-CP ngày 14 tháng 01 năm 2013 của Chính phủ về quản lý đầu tư phát triển đô thị

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INTERIOR BUILDER
Number: 20 /2013/TTLT-BXD-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 21, 2013

FEDERAL INFORMATION

Guide some content of the Digital Protocol 11 /2013/NĐ-CP 14th

January 2013 of the Government on Investment Management of Urban Development

______________________

Base of Protocol 62 /2013/NĐ-CP June 25, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Construction;

Base of Protocol 61 /2012/NĐ-CP August 10, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of the Interior;

Base of Protocol 11 /2013/NĐ-CP January 14, 2013 by the Government on Investment Management Investment Management;

Minister of Construction and Minister of the Interior Ministry of Internal Affairs instructs a number of the content of the Digital Protocol. 11 /2013/NĐ-CP 14 January 2013 by the Government on Investment Management Investment Management.

Chapter I

COMMON RULES

What? 1. The adjustment range

This information is directed towards: the urban development area, the municipal management of the urban development and the investment project construction project.

What? 2. Subject applies

This information applies to regulatory agencies, specialized agencies on construction, organizations, individuals who participate in activities related to the investment of urban development.

Chapter II

URBAN DEVELOPMENT AREA

What? 3. In terms of accountability, case appraisal proposes urban development area.

1. Accountability of the filing of the proposed urban development area for the urban development area of the administrative region of 1 province, the Central City of China:

a) The Provincial Committee of the Provincial People's Department of Construction is the organization that organizes the filing of the proposed urban development area;

b) The case of the Provincial People ' s Commission has established the Urban Development Area Management Board to manage the general areas of urban development or to manage some of the urban development areas and will deliver further management of the planned urban development area, the Commission said. The People's Department of the People's Department of the Province of the People's Department of the People's Department of the People's Committee of the People's Office

2. Accountability of the filing of the proposed urban development area for the urban development area of the two administrative districts of the two provinces, the central city of the Central City, onward:

a) The Ministry of Construction is the presiding body, in coordination with the People ' s Committee of the Provinces, the Central City-affiliated Central City that organizes the filing of the Government Capital Development Area proposed by the Government of the Government to approve under Article 9 of the Parliament. Number 11 /2013/NĐ-CP January 14, 2013 (following the designation Protocol) 11 /2013/NĐ-CP);

b) The provincial committee of the provinces, the Central city of the Central Committee with the Coordination of Coordinated Coordination Building coordination, plans to implement the portion of the urban development area within the management range and report the Ministry of Construction to sum up to the plan. There is a plan to implement the urban development area for approval by regulation.

3. Responsibility for the appraisal of the urban development area:

a) The case of the urban development area of the approved jurisdiction of the Prime Minister: The Ministry of Construction presided in coordination with the ministries, the industry concerned with the appraisal of the Prime Minister approved by regulation at Article 9 of the Digital Protocol. 11 /2013/NĐ-CP;

b) The case of the urban development area of the approved jurisdiction of the Provincial People's Committee: The Construction Department is the presiding body in coordination with the relevant authorities to present the approved Provincial People's Committee.

What? 4. Time of planning, the filing appraisal proposal for urban development

1. The period of filing of the urban development area does not exceed 12 months from the date of the filing of the filing.

2. The period of time appraisal of the urban development area does not exceed 30 days of work since the date of receiving a valid appraisal of the specified appraisal record is specified at Article 5 of this Federal Information.

What? 5. Urban development area appraisal site

1. The urban development area appraisal site includes:

a) The filing of the proposed urban development area at Article 10 of the Digital Protocol 11 /2013/NĐ-CP;

b) Legal texts, including: the taking of decisions that approve the overall economic development of economic-social development, land use planning, urban development programs, provincial planning planning, general planning, partition planning, and other texts. Other jurisdictions are related to the establishment of the establishment of the urban development area (if any).

2. The number of the number of areas that departs the urban development area: 10 sets.

3. The program content is made in accordance with the prescribed pattern at the Appendix 1, 3 of this Federal Information; the approval decision content is made in accordance with the specified pattern at the Appendix issued by the Digital Protocol. 11 /2013/NĐ-CP.

What? 6. The drawings of the profile suggest the urban development area.

The drawings in the profile suggest the urban development area stipulated at the B Point 2 Article 10 of the Digital Protocol. 11 /2013/NĐ-CP including the following drawings:

1. Map of the location of the urban development area:

a) The location of the location of the urban development area shown on the basis of the space development planning scheme of the general urban planning scheme (or specialized functional general planning scheme) was granted the authority to approve in the proportions of the map. The plan has been approved. In the case of this drawing when printing the correct rate exceeds 1 note A0: it is possible to shrink this diagram to ensure the rendering of when printing does not exceed 1 A0;

b) The map of the urban development area needs to show sufficient content: envisage distribution of municipal development (scale of area, accompanied by colour notation expressing the implementation of each area); the location of the proposed urban development area. published; economic indicators-technical indicators that are related to the proposed urban development area are identified in the regional planning or joint planning scheme (in the case of a municipality that does not need to be a specialized regional or regional planning).

2. Map of the urban development area and investment division.

a) The map of the urban development area and the investment segment is shown on the basis: the land-based planning map using the land of the partition planning scheme or the land-use planning map and the functional division of the common planning scheme (for example). The municipalities do not need to plan the partition and the urban development areas that have specialized functions according to the rate of approved planning maps;

b) The map of the urban development area and the segment of the investment needs to show enough of the following content: limits defined limits, scope of the urban development area (with the coordinates attached); location and boundary expected projects in the urban development area. The investment distribution is determined by the plan to implement the urban development area (represented by the color symbols); the table of aggregate project categories along with the expected area size of each project.

What? 7. Plan to execute the urban development area

1. The plan to implement the urban development area is a content of the proposed urban development area that is regulated at Point 2 Article 10 of the United States Census. 11 /2013/NĐ-CP . The agency is assigned by the Provincial Committee of the People's Provincial Committee to propose an urban development area (regulation at paragraph 1 Article 3 of this Federal Information) or coordinate coordination in the filing of the proposed urban development area (regulation at Point). The 2-Article 2 Article 2 of this joint venture will be chaired in conjunction with the Department, which is relevant to plan implementation of the urban development area to include the contents of the proposed urban development area for approval by regulation.

2. The plan to implement the urban development area was established according to: the implementation deadline of the urban planning and the approved urban development program; forecast demand for housing and urban services (attached to the expected population growth rate) and the development of the urban development market. the ability to mobilize resources for building investment.

3. The plan to implement an urban development area must be able to demonstrate the first implementation of a five-year period with the portfolio of projects made in each segment.

4. The investment segment in the planning implementation of the urban development area (with the portfolio of projects being made in each segment) must be specific at the regional boundary drawing and segment of the regulatory investment at paragraph 2 Article 6 of the Federal Communications Commission. And it has to be expressed in the decision to approve the urban development area.

What? 8. On the authority to approve the urban development area

The authority approve the area of the urban development implementation under regulation at Article 9 of the number of Protocol 11 /2013/NĐ-CP.

What? 9. Regulatory of urban development

1. The urban development area must be periodically reviewed, reviewed, evaluating the process of making a construction investment in time to make adjustments to the appropriate economic, social, and demand development situation in terms of urban development. The periodic review period is 5 years from the date of the approved urban development area.

2. Construction of the Periodic Review of the implementation of the local implementation of urban development areas. The search results must be reported by the provincial People's Committee, the authority of the authority to approve the urban development area and the Ministry of Construction.

3. The base reporting results of regulation sweep in paragraph 2 of this, the need for economic, social development, and the emergence of factors that impact the local urban development process, if necessary, the People 's Committee of the Provincial People' s Department of Construction or Board. The management of the urban development area (under the provisions at Clause 1 Article 3 of this Federal Information) organizes the proposed profile regulating the urban development area.

4. The Ministry of Construction Building in coordination with the Provincial Committee of the Provincial People with a review of the implementation of the implementation of the implementation of the municipal urban development areas of the two provinces of the two provinces, the Central City of Central City, have been approved, reported the Prime Minister. The government decides to adjust if necessary.

5. The appraisal of the proposed profile regulates the urban development area according to the regulations at paragraph 3 Article 3 of this Federated Notification.

6. The authorities have decided to approve the area of urban development under regulation at Article 9 of the Digital Protocol. 11 /2013/NĐ-CP will decide to approve the proposal to regulate the urban development area.

7. The proposed profile regulating the urban development area includes:

a) The presentation of the regulation of the urban development area (stating the need and the legal basis of the regulation);

b) The summary report on the urban development area expected to adjust by regulation at paragraph 2 Article 10 of the Digital Protocol. 11 /2013/NĐ-CP and the specified drawings at Article 6 of this Federated Information (these documents must be evident in the non-adjuvable content and adjuvable content);

c) The report results in the implementation of the implementation of the urban development area and relevant legal documents.

What? 10. Annuation of the urban development area after adjustment

After the proposed filing adjusted the approved urban development area, the publication of the urban development area after the implementation of the regulations under the provisions at Article 12 of the Census of the Municipalities Was Issued. 11 /2013/NĐ-CP.

What? 11. On the implementation of the transfer of land use has been invested in building infrastructure for people (households, individuals) who build their own housing:

1. Depending on the need for urban development, the ability to mobilize resources, the proposal of the investment owner, the Provincial People ' s Committee that governs the right to use the land that has been invested in building infrastructure for people (households, individuals) builds themselves up. the housing, after having a unified opinion by the written order of the Construction Department at paragraph 7 Article 4 of the Digital Protocol 11 /2013/NĐ-CP.

2. The areas that were carried out for use of land that had invested infrastructure for people to build houses may include: an area of many projects; one project or part of the project.

3. The review of the regulation of transferred areas using land that has invested infrastructure for the people to build housing must ensure the following basic principles:

a) Compliance with the provisions of the law on urban planning (subdistrict planning, regulatory planning) and the regulation of the area's architectural planning process that has been granted authority to approve; meet the requirements for economic development, social security and the need for the development of the area. the local residence;

b) The region that is implemented transfer of land use must be invested in essential engineering infrastructure works, including: service works and engineering infrastructure works (traffic roads, power lines, lighting, telecommunication, telecommunication, etc.). It was approved; it ensured that it was connected to the general infrastructure of the region prior to the implementation of the land use of the land for the people to build houses, and to provide essential services to the people when they arrived.

c) The plots carried out to transfer the use of the land so that people to build houses are not in the following positions: located in the land of the inner districts of the Special Type municipalities, the area has a high requirement for landscape architecture, central area and conflict. around the buildings is an architectural highlight in the municipality; located at the facade of the area-level roads and the main landscape routes in the municipality;

d) The household, the individual transferred to the use of the land to build a housing building under the correct construction permit, comply with detailed planning and urban design approved.

4. Instant execution:

a) On the basis of consideration of the need for urban development, the ability to mobilize the resources and proposals of the investment holder (if any), the Provincial People ' s Provincial Committee of the Governing Construction of the Coordination of Coordination With Relevant Governing Bodies proposed the areas to be carried out. Land use has invested infrastructure for people to build houses (including: areas including many projects, projects, or partial areas in urban development investment projects) and prepare for records (regulations at paragraph 5 this) to the People's Committee. the provincial level of consideration and sending of the unified opinion of the Ministry of Construction;

b) In the maximum 30 days of work since the date of receiving a valid set of records issued by the Provincial People's Committee, the Ministry of Construction has a responsibility to have the text of the answer;

c) After the unification of the Ministry of Construction, the Provincial People ' s Committee issued a decision to rule on the areas implemented for the use of land-based use of land-building to the self-built population.

5. The filing of the Department of Construction is included: The Convention offers to the opinion of the Provincial People's Committee (which presents the need and the legal bases of the implementation of the land-based transfer of land-built infrastructure to the people to build their own homes). in) and the relevant document profiles as follows:

a) For the case of regional proposals (including multiple projects), relevant document records include:

The profile and drawing records of the general planning scheme (for the absence of a partition planning) or related partition planning scheme, Regulatory Regulation under the planning scheme, the area ' s Architectural Planning Management Statute has been published in the United States. issued by the approved authority (with the accompanying approval text); the location scheme, the area boundary expected to make the transfer of land use (shown on the drawing of the proposed urban development area specified at paragraph 2 Article 6 of the Information). This link); the decision to approve the municipal development area of the competent authority. (All of the above document records are the confirmation stamped by the recommended body for the opinion).

b) For the case of the investment development investment projects approved by the provisions of the Digital Protocol (s). 11 /2013/ND-CP, Relevant document records include:

The theory summares the project; the project's detailed planning scheme (accompanied by urban design), Regulatory Regulation under approved planning schemes, the area's architectural planning management Regulation has been granted authorit-approved jurisdiction (there are written documents). The accompanying approx); decisions to approve the relevant urban development area. (All the documents that are mentioned above are a snapshot of the investment owner's confirmation).

c) For the case of new urban area projects, the housing development project has been approved for investment before the Fourth Protocol date. 11 /2013/NĐ-CP available in effect, related document records including:

The theory summares the project; the planning project details the 1/500 rate project (which is accompanied by the urban design), the Planning Management Regulation (which has the following approved documents); the decision to approve the project, the decision to approve the investment. (All the documents that are mentioned above are a snapshot of the investment owner's confirmation).

6. Proposal for the regions (including many projects), the project or part of the project envisaged to transfer the land use of land that has been invested in infrastructure construction for the self-built people housing can be replanted into the contents of the regional proposal record. urban development, or the proposed filing for the project investment approval for the Ministry of Construction to combine for the opinion in the appraisal process or for the unified opinion.

7. Supervising responsibility, examining the implementation of the land-based transfer of land-building investments for the self-built people housing: The State Management Agency for Construction, Environment Environment in the Local, the Regional Development Board of the Capital. (if any) and the Chairman of the project are responsible for oversight, the inspection ensures that the housing construction of the people adheres to the detailed planning, the urban design of the project has been approved and the provisions of the law are involved.

What? 12. Position, function of the Board of Urban Development Regional Management

Position, the function of the Metropolitan Development Regional Management Board is implemented as stipulated at paragraph 1 Article 13 of the Digital Protocol. 11 /2013/NĐ-CP.

What? 13. The mission and the powers of the Metropolitan Development Regional Management Board

1. Host, in coordination with the relevant agencies Building Five-Year Plan, annually to implement the urban development area, including the proposed portfolio, the type of capital and roadmap implementing urban development projects in the urban development area of the United States. The committee, the Provincial People's Committee, approved and organized.

2. Organization of activities promoting investment in the urban development area; research, offering of preferable policies, the applicable special mechanism for building investment in urban development areas.

3. Set up a profile of the urban development area for the appraisal if granted by the People ' s Commission.

4. Planning a master investment project investment project, the Provincial People's Committee decides; instructs, assists the investment owners in the process of preparing to invest and implement the urban development investment project.

5. The organization manages or performs an investment function on projects in the urban development area with the use of state budget funds delivered by the Provincial People's Committee.

6. Watch, oversee the implementation of the planned urban development investment projects, plans, progress in accordance with approved project content; aggregation, proposals and coordination with the authorities handling entanged problems, development, and development of the project. born in the process of making investments.

7. Host, in collaboration with functional agencies, service providers, investment owners, ensure synchrony connectivity and framing system engineering infrastructure management, connecting engineering infrastructure between projects in the construction phase of construction until the completion of the project to the end of the year. It ' s been handed over to the municipal government.

8. Build a database system, provide information on the urban development area; aggregate, report of the Provincial People ' s Committee, Building and Construction Department 6 months, every year or a sudden return on the situation to implement investment projects and real plans for the project. The area of urban development is administered.

9. Perform other duties, other powers on building investment management, urban development within the area of urban development provided by the Provincial People's Committee or authorized by law.

What? 14. The organizational structure and operation of the Metropolitan Development Regional Management Board

1. The organizational structure of the Board of Urban Development Regional Management:

a) The board of municipal development of the municipality consists of the Head of the Board and no more than 3 Deputy Head of the Board. The special case must have a unified opinion of the authority of the authority.

b) The board of urban development areas has specialized rooms, a business. Depending on the size and nature of the urban development area, management may be able to add management rooms in the area, but to ensure an efficient, effective, efficient.

2. Head, Deputy Head headed by the Chairman of the appointed Provincial People 's Committee, dismissal on the basis of a proposed basis by the Director of the Construction Department, the appraisal of the Internal Affairs Department by the devolve of the Provincial People' s Commission and the regulation of the law.

3. Head of the recruitment decision, appointment, dismissal of the officials of the Board of Urban Development Regional Development Committee on the hierarchy and on the basis of adhering to the provisions of the law on management, recruitment, use of the officer, the worker in the units. public career.

4. The title of Head of the Board of Regional Management of Urban Development in addition to the general standards under the rule of law, needs to be assured: graduate graduates become one of the majors: architecture, planning, urban, construction, engineering infrastructure, and business. Economic, economic, urban infrastructure; experience in building investment management, urban development from five years or more.

5. The operating budget of the Metropolitan Development Regional Management Board is partially secured from the budget, partly from the cost of management of the projects delivered, in part from the source of the service and other sources according to the law.

6. The Board of Urban Development Regional Management is implemented on the basis of autonomy, self-responsibility for the implementation of the mission, the organization of the apparatus, the management of the officer and the financial under the rule of law.

7. Board of the Regional Development Sector operates under the Board of Operations Regulation issued by the Chairman of the Board of the Provincial People's Committee.

What? 15. On the establishment, dissolution of the Urban Development Regional Management Board

1. The urban development areas must have the Board of Urban Development Regional Management:

a) The area of urban development in cities with a general planning scheme under the approval of the Prime Minister's approval: the general planning of the city's central city, the municipal general planning of the capital city, the capital city. The new market size is the same as the type III urban, the new municipality has the scope of the planning area of the two provinces, the Central City, and the other common rules of the Prime Minister's approval. The General Government.

b) The new urban development area; urban conservation area; urban reconstruction area; the area with a specific function stipulated at 2.5.6.7 Article 2 of the United States Census. 11 /2013/NĐ-CP.

2. For urban development areas regulated at clause 1 this, the Board of Urban Development Regional Development Board is newly established or established on the basis of the rearrangement of the Construction Investment Project Management Board, Board of Urban Development Management, Board of Management and Management. The management of the infrastructure development, the newly created Metropolitan Area Management Board, is now available on the site, but has to be secured, effectively organizing the local apparatus.

3. For the remaining urban development areas, the chairman of the provincial People's Committee on the need for local urban development can decide to establish the Board of Urban Development Regional Development as stipulated at clause 2.

4. The procedure, procedure established, dissolution of the Urban Development Regional Management Board is done under the Digital Protocol. 55 /2012/NĐ-CP June 28, 2012 of the Government Regulation of the establishment, reorganization, dissolution of the public career unit.

5. The construction department is the proposed agency, reorganization and dissolution of the Board of Urban Development Regional Development in accordance with Article 2 Article 13 of the Digital Protocol. 11 /2013/NĐ-CP.

What? 16. The coordination mechanism between the Board of Urban Development and the Construction Department, the Department of Experts, the local state administrative management agencies, and the United States.

1. The Metropolitan Development Sector Management Board is subject to the direction, guidance on the business expertise of the Department of Construction and the Department of Professional Professionals in the locality; is responsible for periodic reporting, the report of the report with the Construction Department on the situation. Urban development, the implementation of the implementation of the investment project is entrusted with management; periodic reports, reported a report with the Department of Professional Management of the Department of Operations of the Department of the State Department of the Department.

2. The Department of Construction, the Department of Experts with the responsibility of directing, the guidance of expertise, business and inspection, examines the activities of the Regional Development Regional Management Board within the scope of the state management areas of the Department as defined by the law.

3. Board of Urban Development Regional Management and the District People's Committee, commune in the mechanism of coordinated urban development by the body of the body of the Provincial People's Committee with local state administration in the areas of the work: Compensation, free and resettlement, and resettlement; implementing investment projects; management, transportation of urban infrastructure; administrative management, order security within the area of urban development.

4. Chairman of the Provincial People 's Committee issued a joint mechanism of coordination between the Regional Administration of Urban Development with the Department of Experts and the District People' s Committee, communes in the process of implementing the urban development area.

What? 17. The responsibility of managing the urban development of the administrative capital of the two provinces, the Central City of China returns.

1. After a decision to approve the Prime Minister 's Urban Development Area, the People' s Committee in the provinces, the Central City-affiliated city of the Central Committee decided to establish the Urban Development Area Management Board or assigned to the Regional Management Board. Urban development was established earlier in order to carry out management in the urban development area within the assigned administrative boundaries.

2. The departments of urban development of each province, the Central City-affiliated Central City, are responsible for coordinating with each other in the investment management process that ensures synchrony connectivity, progress, quality and investment work efficiency in the United States. The area is controlled.

3. The Metropolitan Development Area Management Board of the urban development area located on the administrative boundaries of the 02 provinces, the Central City-based Central City that became responsible for periodic reporting responsibility, the report of the groundbreaking report on the Urban Development Regional Coordination Board, the Commission. Provincial workers and the Department of Construction on the investment of urban development in the area of the city are entrusted with management and problems, which arise in the investment deployment or construction of engineering infrastructure for handling, disrepair.

What? 18. The Board of Coordination of Urban Development

1. The building of chairs, in coordination with the People ' s Committee of the Provinces, the city is involved in establishing the Urban Development Regional Coordination Board as stipulated at Point 2 Article 13 of the Digital Protocol. 11 /2013/NĐ-CP The Committee for the Coordination of the Urban Development Zone was established by the Minister of Construction, which included representatives of the Ministry of Construction, representatives of the People's Committee of the provinces, cities, and several ministries. The Bureau of Urban Development, the Ministry of Construction is the permanent body that helps the Department for the Coordination of Urban Development. Members of the Coordination Board and the Board of Units are working on a dual-task force.

2. The Coordination Board has the direction of direction, which supports the Local Urban Development Regional Development Board of the local implementation of the process of implementing the process of urban development in the administrative boundaries of the two provinces, the Central City of Central City, and its coordination. The Provincial People's Committee is concerned with consideration, handling of problems, which arise during the implementation of the urban development area under the jurisdiction or report of the Prime Minister to consider, decide.

What? 19. The responsibility of managing the urban development areas does not establish the Metropolitan Development Regional Management Board.

1. For urban development areas that do not establish the Board of Urban Development Regional Management, the Construction Department responsible for management, oversight, directing the deployment of plans for the implementation of the urban development area has been granted the authorship of approval and approval. The other duties of the Board of Regional Management of Urban Development are defined in Article 14 of this Article 14.

2. For urban development areas are the economic zones (by regulation at paragraph 7 Article 2 of the Digital Protocol). 11 /2013/NĐ-CP), the creation of the Board of Management is implemented in accordance with the laws of the economic zone.

Chapter III

URBAN AREA BUILDING INVESTMENT PROJECTS

What? 20. Select project investment master

The selection of the investment holder is executed by regulation at Article 20 of the Digital Protocol 11 /2013/NĐ-CP After being selected, the owner of the capital is responsible for filing a proposal for the investment approval of the Provincial People's Committee to review the decision to approve the investment or the authorship of the authority to approve the investment.

What? 21. Authority approx project investment

Based on the size of the area, the location, the properties of the project, the authority to approve the investment for each type of project is regulated at Articles 21, 22, 23, 24, 25 of the No. 11 /2013/NĐ-CP.

What? 22. In terms of a proposal for investment approval

1. The profile of the investment approval proposal is made by regulation at Article 26 of the Digital Protocol. 11 /2013/NĐ-CP . Profile documents, the accompanying legal texts are prescribed at Clause 2, 3, 4 Article 26 of the Digital Protocol. 11 /2013/NĐ-CP are the confirmed screenshots of the project ' s owner.

2. The event of a project owner has the need to apply for a project investment in accordance with the stages of the investment phase of the project, Chairman of the proposed filing project on the basis of the investment period of the competent agency project to consider the investment approval.

The review of the project approval under the investment segment must ensure the implementation of the project's details of the project's details and plans to implement the approved urban development area, ensuring synchrony connection between the work categories in the project. with the neighboring urban infrastructure system, ensuring the landscape architecture is approved by the established urban design.

3. The profile proposes an investment approval according to each phase of the Project must be implemented under the regulations at Article 26 of the Digital Protocol. 11 /2013/NĐ-CP The content of the decision to approve the investment in each phase of the investment division of the authority has the authority to show full of content that has been specified at Article 30 of the Digital Protocol. 11 /2013/NĐ-CP.

What? 23. The Case appraappraisp proposes an investment approval

1. The deadline, the order appraisal of the proposed Profile and the decision to approve the investment specified at Article 27 of the Digital Protocol 11 /2013/NĐ-CP.

2. For investment projects that build a municipal district under the investment approval jurisdiction of the Provincial People ' s Committee: The Construction Department is the presiding body, in coordination with the Department, the Board (Planning, Natural Resources and Environment, Planning and Investment, Finance, Finance and Development). Transportation, Internal Affairs, Agriculture and Rural Development, Culture-Sports and Tourism, Board of Urban Development Regional Management ...) and administrative management agencies are involved in appraisal of the proposed filing of investment approval.

3. For investment projects in the jurisdiction of the government-approved municipality of the Prime Minister: The Construction Department is the presiding body, in coordination with the Ministry of Industry and the Provincial People ' s Committee that is concerned with the filing of the proposed filing of the investment approval. regulation at paragraph 1 of Articles 21, 22 of the Digital Protocol 11 /2013/NĐ-CP.

4. Content of the Proposed Investment is made in the form of the Fourth, 5th Appendix; the decision content approx is made in accordance with the template at Appendix 6 of this Federal Information.

What? 24. On taking the unified opinion of the Ministry of Construction

1. The Ministry of Construction has the unified opinion in writing so that the Provincial People ' s Committee decides to approve the investment on the projects prescribed at Articles 2 Articles 21 and 22; Clause 1 Article 23 of the Digital Protocol. 11 /2013/NĐ-CP.

2. The filing for the unification of the Ministry of Construction includes:

a) The Ministry proposed the Construction Department for the opinion of the Provincial People ' s Commission;

b) The specified project profile at Article 32 of the Digital Protocol 11 /2013/NĐ-CP (not including: the project ' s base design profile, the project record component project component resettlement restoration, urban design, and project area model implementation of the project implementation project); and the project.

c) The accompanying legal text (is the affidavit stamped the validation of the investment owner): the decision to approve the urban development area and plans to deploy the urban development area; the project's detailed planning record is accompanied by a decision to approve; the profile. proved the competence of the master's investment in finance, investment experience and proper management to implement the project.

3. For the case of a regulatory adjustment of the specified range at paragraph 3 Article 33 of the Digital Protocol 11 /2013/NĐ-CP need to take the initiative of the Ministry of Construction, the adjuvant project profile to the comment included:

a) The text suggested the Ministry of Construction for the opinion of the investment master;

b) The regulation project theory is accompanied by coordination of coordination between the investment holder and the local government stipulated at the 1 and 5 Articles 32 of the Digital Protocol. 11 /2013/NĐ-CP;

c) The accompanying legal text (which is a photograph that seals the validation of the investment holder) includes: documents related to the tuning base, the project's detailed planning record (or the detailed planning adjustment-if any) are accompanied by a decision to approve; the profile. The primary proof of financial investment, investment and management experience is appropriate to implement the project.

Chapter IV

TRANSITION PROCESSING GUIDELINES

What? 25. The control of the classification of housing development projects, the new municipality has been approved, allowing for investment.

1. The Provincial People 's Department of the Provincial People' s Department of Residential Construction presiding over the implementation of the implementation and classification of housing development projects, the new municipality has been approved, allowing for investment before Decree Day. 11 /2013/NE- CP is in effect; it is clear that the situation exists on the site to report the Provincial People's Committee.

2. Based on the search results, assess the deployment and classification of housing development projects, new urban areas, figures on real estate inventory, forecast for housing and urban services required by market requirements, strategies, and development plans. building housing, the ability to mobilize resources for construction investment, the Provincial People ' s Committee decided to stop, pause, or to continue to deploy the project.

3. The classification of the project to propose, consider the decision to stop, pause or be allowed to deploy the need based on the basic principles for each group as follows:

a) The project group is continued to deploy: projects with project products that meet the market ' s needs in terms of market housing; appropriate regulatory planning (or urban general planning-in the absence of a partition planning) and the program, development plans, and more. the housing has been approved; the investment holder has the capacity to ensure the completion of the correct project, the quality has been approved;

b) The team of projects to be adjusted to continue deployment: projects that have essentially completed the release of the free release, the project has made investments but needs to be adjusted to suit urban planning and program, housing development plans have been implemented. approved, or need to adjust the type of product and time provided to fit the forecast of the market needs of the market;

c) The team of pause projects: projects that have essentially completed the release of the free-release work but have home products in the same category as the product that currently exists inventory on the market and cannot be adjusted; projects that have not yet carried out the free release or otherwise. The area released by the league has a low percentage (less than 30%); the projects that the owner of the investment do not have the capacity to implement;

d) The team of projects must stop: unreleased projects are on the face, the project has a non-approved urban planning project; the project to slow progress must be processed according to the law of land and property law.

4. The decision base on the stop, pause, continues to deploy the projects, the Provincial People ' s Committee directed the Head-to-Head Building to implement the appropriate transition handling solutions to each project under the regulations at Articles 49, 50, 51, 51. of the Digital Protocol 11 /2013/NĐ-CP.

What? 26. The transition processing for urban development investment projects is allowed to continue deployment of the project.

1. For housing development projects and new urban district projects that implement the regulation of the apartment structure and conversion of commercial housing to social housing or service work under Resolution 02 /NQ-CP on 7 January 2013 of the Government on some of the business of the city. a difficult dismantling solution for business production, market support for bad debt settlement: the adjustment of the project is done in accordance with the provisions of the Digital Information 02 /2013/TT-BXD March 18, 2013 by the Ministry of Construction.

2. For the housing development projects that have been approved under the regulation at the Numerical Decree. 71 /2010/NĐ-CP of the Government and new urban district projects that have been allowed to invest under regulation at the Digital Protocol. 02 /2006/NĐ-CP The government before Decree. 11 /2013/NĐ-CP In effect, it is not going to have to redo the procedures for investment in terms of regulation at the United States. 11 /2013/NĐ-CP . In the course of execution if the need to adjust the project, the adjustment will be done under the regulations at Article 51 of the Digital Protocol. 11 /2013/NĐ-CP And the law of building.

3. For the new urban district projects that have been allowed to invest under regulation at the Digital Protocol. 02 /2006/NĐ-CP The government before Decree. 11 /2013/NĐ-CP There is an enforced effect, and it has been approved that the approval of the approved project will continue to implement the rules specified in the approved Charter.

4. For the new urban district projects and housing development projects have been granted the authority to approve the investment of investment from before the Fourth Protocol date. 11 /2013/NĐ-CP effective but has not yet approved investment or decision to allow investment: since the date of the digital decree. 11 /2013/NĐ-CP In effect, to ensure progress for the investment in preparation work while waiting for the authority to approve the relevant urban development areas, the Provincial People ' s Committee directed the update of these projects to the project portfolio of the metropolitan development areas. The planned establishment, at the same time, allows the investment holder to continue to make proposed records to apply for investment in accordance with the regulations at the Digital Protocol. 11 /2013/NĐ-CP.

What? 27. On the Urban Development Program

1. For municipalities that do not have the Urban Development Programme (prescribed at Clause 1 Article 4 of the Digital Protocol) 11 /2013/NĐ-CP ) Approved by regulation, the People's Committee of the Provincial Committee on the overall planning of economic development-the society, the planning of the province, the general urban planning has been approved, the housing development program, the demand for real development, The ability to mobilize investment funds to direct the state management agency on building mapping of urban development areas, and the current implementation of a base for filing a proposal for the development of the urban development site. According to the rules.

2. The establishment, appraisal, and approval of the Urban Development Program is carried out according to the Department of Construction guidelines.

What? 28. Guide to the cost of setting, the Case appraisal proposes the urban development area and the Case appraisal fee proposes the investment approval.

1. The set of charges, the filing appraisal of the proposed urban development area is done according to the Department of Construction ' s Guide.

2. The Case appraisal fee proposes an investment approved by the Finance Ministry's Guide to the Procurement Guidelines and Management of the use of a construction project appraisal investment project.

Chapter V.

EXECUTION CLAUSE

What? 29.

1. The People ' s Committee of the Provinces, the Central City of the Central City, is responsible for directing, guiding, examining the implementation of the regulations at this Federal Information; the new establishment or the rearrangement of existing Board of Management to form the Regional Management Board. the urban development and the written report of the Ministry of Construction, the Ministry of the Interior.

2. During the execution process, if there is an entangrium, the recommended agencies, organizations, individuals with regard to the Ministry of Construction to host, coordinate with the Ministry of Internal Affairs review, resolve.

What? 30.

1. This message was in effect from 5 January 2014.

2. This information replaces the Digital 04 /2006/TT-BXD August 18, 2006 of the Ministry of Construction Guide implementing the new Urban Area statute enacted under the Digital Protocol. 02 /2006/NĐ-CP 05 January 2006 of Government ./.

KT. MINISTER OF CONSTRUCTION
Captain.

KT. Minister of Internal Affairs
Captain.

(signed)

(signed)

Nguyen Thanh Quan

Chen Anh Tuan