Number: 02 /2013/TT-BXD
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, March 8, 2013
IT ' S SMART
Guidance on regulating the structure of the commercial housing projects,
project to build urban areas and to switch home in commercial housing.
to be a social housing or service building
Base of Protocol 17 /2008/NĐ-CP 04/02/2008 of the Government stipulated function, duties, powers of the Ministry of Construction;
Base of Protocol 71 /2010/NĐ-CP June 23, 2010 by the Government of Regulation and Guide to the Law of Housing;
Base of Protocol 12 /2009/NĐ-CP 12/02/2009 of the Government on investment project management investment project;
At the suggestion of the Director of the Department of Public Administration and the real estate market;
The Minister for Construction of the Department of Public Affairs instructs the regulation of the structure of the commercial housing projects, the investment project that builds urban areas, and the commercial housing conversion to social housing or service works as follows:
1. The cases where the apartment structure is regulated, the purpose of transferring the purpose of use from commercial housing to social housing is commercial housing projects, the urban building investment project that has been approved by the authority, but has not yet been deployed. construction or has been implemented successfully but the apartment structure or purpose of commercial housing use is not consistent with the needs of the market.
2. The investment of commercial housing development projects, the planned urban construction investment project that regulates the size of a commercial apartment which has a large area to a small area of trade or the conversion of apartment blocks and homes in low-level commercial housing. to be a social housing or service building (hospital, medical center, school, hotel, commercial work ...) must ensure consistent with the principle of regulation at Article 2 and Article 3 of this Information and the approval of the approval for the regulation of the structure. the apartment or the transfer of the purpose of using the commercial housing of the Chairperson of the People ' s Committee of the Provinces, the Central City of Central (later known collectively as The Provincial People's Committee.
3. The adjustment of the apartment structure, the purpose of converting the purpose of using commercial housing to social housing or service works is only done to the construction and apartment building categories (including high-rise and low-level) that the investment holder has yet to sign. It ' s a capital, a contract to buy with customers. In the case of a contract, the purchase contract with the customer, prior to the implementation of the apartment structure, which regulates the purpose of using it must be agreed by the written consent of all the customers who have signed the contract.
4. Commercial housing development projects, urban construction investment projects scale from 500 apartments or more, before the Provincial People ' s Committee decided to allow for the regulation of the apartment structure or to convert the purpose of using a unified opinion. of the Ministry of Construction.
The modification of the commercial housing structure from a large area to a small area of commerce has to ensure the following principles:
1. Secure, convenient for the user;
2. Small area apartment after conversion must have enough space, minimum use area such as: Kitchen, toilet work, bathroom ...; and more.
3. There is an apartment area after the conversion is no lower than the minimum standard of commercial housing design under the rule of law on housing;
4. The project case that only regulates the apartment structure without changing the total area of the housing building under the approved planning authority does not have to review, approx the indicator of population and a detailed plan of 1/500 or the planning process. The total faces of the project; do not apply the size of the area, the apartment structure at point 22.214.171.124 and 126.96.36.199 of the TCXDVN high-level housing design standard 323:2004.
5. The project case when adjusting the apartment structure to which the floor building floor is changed compared to the approved planning process, make adjustments to the 1/500 detailed planning or the project's total side plan.
During the adjustment, do not apply the regulation of the area and apartment structure at point 188.8.131.52 and 184.108.40.206 of the TCXDVN High School Design Standards 323:2004 which performs adjustments under the Building Planning Regulation (see). issued by Decision No. 04 /2008/QD-BXD April 3, 2008 of the Minister of Construction. to consider, adjust the 1/500 detailed planning or the total size of that project.
1. The conversion of commercial housing to social housing is adapted to increase construction density, land use coefficient, and benefits under existing regulations, but must ensure the correct standard of social housing design and sale, lease, lease, lease, And according to the ordinance of the law of the house of the house,
2. The conversion of commercial housing to the service to the service process must be guaranteed by standard, minimum scale, and execution of management, exploitation, use of the work after the construction of the construction in accordance with the regulatory authority issued by the authority.
3. The projects that paid the use of the land were paid by the State for the amount of money submitted or deducted into the financial obligations that the project investor had to submit to the State on the basis of a recalculation of the project's land use after adjusting.
1. The file adjuvers the apartment area structure, which converts the purpose of using commercial housing, including:
a) The application for adjustment, conversion (according to the number one appendix to this message) ()
b) The copies have been approved by the authority of approval, issued, including: the text recognizes the investment holder; the investment approval text; the investment certificate; the decision to approve the project; records, detailed planning drawings of 1/500 or the total size of a degree. of the project; the profile of the project ' s base design;
c) The method of applying for an apartment structure or conversion of commercial housing to social housing, service works (accompanied by a convincing drawing).
2. The Central Building of the Provinces, the Central City of the Central City is the first unit to receive, the application of the convertimeter, the regulation of the investment owners to organize the appraisal prior to the decision of the Provincial People's Committee, the decision.
3. In the process of appraisal of the application for adjustment, conversion of the project, the Building Building organizes meeting to take the opinion of relevant agencies, including: Department of Architecture-Planning (if available); Department of Natural Resources and Environment; Department of Finance; Department of Planning and Investment; People ' s Commission The district, the district of the project (later known as the District People's Committee). The lead unit must send the profile to the relevant authorities before the meeting is held. The opinion of the representative of the agencies at the appraisal meeting was the official opinion on the project and was established as a border.
4. After the organization of the appraisal meeting, the Construction Department is responsible for sending the appraisal of the appraisal meeting, which transfers the project accompanying the draft Decision to allow adjustment or conversion. (the prescribed form at appendix 02 of this message) ). Where the project is not approved, the conversion is on the other side of the appraisal meeting, which must be submitted with a draft text bill stating that the reason is not approved for the Provincial People's Committee to review, decide. For a maximum period of 7 working days, since the date of receipt of the meeting and the draft decision to allow for regulation, conversion of the project (or the non-approved text draft allows for adjustment, project conversion) due to the Building Building, the Human Commission. The provincial population is in charge of the executive order.
The project must have a unified opinion of the Ministry of Construction under the provisions of Article 4 of Article 4 of this Information, the Construction Department is responsible for drafting the text to present the Provincial People's Committee to review and sign the proposal for the Ministry of Construction to participate in the opinion. For a maximum period of 15 working days, since the date of receiving an opinion text, the Ministry of Construction has a responsibility to respond in writing.
5. The timing of the appraisal, the decision to allow the adjustment, convert the use of the project to a maximum of no more than 30 days of work, since the date received valid records.
For projects that must have the unified opinion of the Ministry of Construction under regulation at paragraph 4 Article 1 of this Information, at a maximum minimum of 10 days, since the date of receiving the unified text of the Ministry of Construction, the Provincial People ' s Committee is responsible for signing the decision. - allows tuning, converting the use of the project or having the text that answers the owner of the project about not accepting adjustments, converting the purpose of that project.
1. The Provincial People ' s Provincial Committee is responsible for organizing the direction of the relevant authorities that organizes the transfer of commercial housing projects, investment projects that build urban areas to social housing or service work; regulate the structure of the apartment complex of the project. Commercial housing, investment project construction projects on the site.
2. The construction department has the responsibility of presiding, in coordination with the local authorities that implement the appraisal of commercial housing projects, the investment project that builds the urban area moved to social housing or service works and commercial housing projects. The investment-building investment project that the owner of the investment has the need to regulate the apartment structure to program the Provincial People's Committee, the decision.
3. The Department of Home Management and the Estate Market is responsible for presiding, in coordination with the Department of Construction authorities performing guidance, solving difficult problems, entangled in the implementation process; the staff to help the Department of Construction. The Department of Tracking Construction, the governor and examining the implementation of the apartment structure adjustment, conversion of a commercial housing project to a social housing project or service work to contribute to hard work for business production, market support, entertainment, and business. It ' s a bad debt that ' s bad for this investment.
1. This message came into effect from April 22, 2013 until the end of December 31, 2014.
2. During the implementation process, if it is difficult, it is proposed to submit comments to the Ministry of Construction to coordinate the same settlement or the agency with the authority to review, the ./.
Nguyen Tran Nam