I ' M SORRY.

In terms of urban development investment management

_____________

Government Law Base December 25, 2001;

Construction of Law Building on November 26, 2003; Law No. 38 /2009/QH12 in 2009 on the amendment, adding a number of the provisions of the laws relating to the basic construction investment of June 19, 2009;

The real estate Business Law Base June 29, 2006;

Office of Urban Planning Law June 17, 2009;

At the suggestion of the Minister of Construction;

The government issued a decree on investment management investment management,

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range:

The decree adjuvated activities related to the investment of urban development including: Urban planning; formation, which announced plans to deploy urban development areas; implement construction and operation investment, mining, transfer of projects, and development projects in urban areas. Urban development.

2. Subject applies:

This decree applies to organizations, domestic and foreign individuals taking part in activities related to the investment of urban development.

What? 2. Explain the word

In this decree, some words are understood as follows:

1. The urban development area is an area defined to invest urban development in a certain period. The urban development area includes the new urban development area, the expanded urban development area, the renovated area, the conservation area, the urban reconstruction area, the area of specialized function.

The urban development area may consist of one or more urban functions. The urban development area may be part of one or more provinces, cities. The urban development area may include one or more urban development investment projects.

2. The new urban development area is the expected area to form a new municipality in terms of urban planning that has been granted authority approval, being invested in new construction on urban infrastructure.

3. The expanded urban development area is the urban development area including the existing urban area and the new metropolitan area with a synchrony connection to urban infrastructure.

4. The urban renovation area is a built-built urban development area that aims to enhance existing urban quality but does not alter the basic urban structure.

5. The urban conservation area is an urban development area for conservation of cultural values, the history of the municipality.

6. The urban reconstruction area is the newly-built urban development area on the foundations of the former existing municipality.

7. The area with a specialized function is the urban development area in order to form specialized functions such as the economic zone, tourist area-resort, the university ...

8. The urban development investment project is an investment project that builds a building or a building complex in the urban development area that has been granted competent authority and announced.

The urban development investment project includes the urban area construction investment project and the investment project construction project in the municipality, the company said.

9. The investment construction project is the investment project for construction of buildings (including: Housing, technical infrastructure, public works etc.) on a land delivered in the area of urban development under the approved planning authority.

The investment project for the construction of the municipality includes the following categories:

a) The investment project of the new urban area is the new construction project for a new urban area on the land that was transformed from other lands to urban construction;

b) The urban reconstruction project is the new construction project of engineering and infrastructure structures on the basis of the existing buildings that have been demolished under the approved urban planning authority;

c) The urban area makeup renovation project is the renovation project, upgrading the exterior or texture of structures in the existing urban area but does not change too 10% of the region ' s land use only;

d) The conservation project, the respect of the municipality as projects aimed at preserving the creation of cultural, historical, architectural values of buildings, landscapes in the cultural heritage area of the municipality;

The first project to build a mixed urban area is that urban building investment projects can include new construction projects, renovation works, reconstruction and conservation, and worship.

10. The investment building project in the municipality is the new construction investment project; or as an expansion, renovation of the architectural work, infrastructure.

11. The investment owner is the organization, the individual who owns the capital or who is entrusted with the management, which uses capital to make the investment project investment investment.

12. Chairman 1 is the owner of the State of the State to implement the investment of urban development, the first-level holder may be:

a) The state governing body functions;

b) The board of urban development areas; the investment management departments built by the state authority have jurisdiction over;

c) Businesses are in every economic component, cooperative;

d) Occupational social political organizations are eligible under the rule of law.

13. The secondary investment holder is the second-level investment holder or the investment holder of the next level to invest in the investment development investment project through the leasing, delivery or delivery of land-based use of land that has the infrastructure of the urban development investment project to invest. Building construction.

14. Urban services are public services offered in the municipality such as: Management, exploitation, maintenance of the system of engineering infrastructure; sanitation and environmental protection; park management, green trees; urban lighting, water levels, drainage; management, water, and water management. Public transport, funeral services, waste disposal; public transport; order protection, urban development of urban development; health, education, trade, recreation, sport, sport and other public services.

What? 3. Principles of Urban Development Investment

1. Make sure to fit the overall economic and economic development overall planning of local and country, compliance with construction planning, urban planning, urban development planning, legislation on building investment and related legislation.

2. Secure the synchrony development of technical infrastructure, social infrastructure, urban landscape architecture, and defense security.

3. Secure the exploitation and use of savings, effective resources; protect the environment and respond to climate change, disaster disaster aims at sustainable development.

4. Create a good habitat for urban dwellers; ensure the benefits of the community harmonally with the interests of the State and the investor.

5. Keep and develop national cultural identity, preserve and respect cultural relics, existing history.

What? 4. Land for Capital Development Investment

1. The Provincial Committee of the Provincial People's Department of Construction is the first body to build the provincial urban development program and for each of the municipalities to submit the approval of the Provincial People's Committee.

2. The people ' s committee of urban planning, urban development program, the planned implementation of the urban development area, the planned land use plan, is responsible for directing the foundation to fund investment projects. Urban development in urban development has been announced.

3. The Provincial People's Committee and the District People's Committee on the devolve, which is responsible for organizing the implementation or direction of the owner to carry out the compensation, support and resettlement when the land collection follows the rule of the land law.

4. Land delivery, land rental to invest in urban development is made based on the results of the choice of the investment holder through the designation, bidding, land building, social housing, or auction of the law.

5. The recovery of all or each of the land has been delivered, leasing for non-deployment or slow urban development projects that are made in accordance with the laws of the land.

6. The land for social housing construction and resettlement housing must be determined immediately upon the establishment and approval of the subdistrict planning scheme, the detailed planning process.

7. The provincial committee of the provincial committee that specifically regulates the areas that were made to transfer the use of land was invested in people to build houses in accordance with the detailed planning of the approved project, after having a unified opinion by the Ministry's text. Construction.

What? 5. Investment Capital for Urban Development

1. Capital investment for urban development including: state budget capital, official development aid (ODA) and capital of other economic components.

2. The Provincial People's Committee is used in existing investment funds (including: Local development investment fund, land development fund, infrastructure development fund, housing development fund etc.) to generate investment funding for urban development areas.

What? 6. Recommend, support and incentives for urban development investment projects in the United States.

1. The state has incentive policies, support, incentives for the urban development investment project that has one or more of the following criteria:

a) The investment of construction of framework engineering infrastructure, social infrastructure serving public interest is unlikely to recover capital and not under the portfolio of compulsory investment structures;

b) Investment building in society, housing resettlement and renovation, reconstruction of residential, old condomiation by law;

c) The investment of the rental housing;

d) The investment building has new technology, eco-friendly applications.

2. The state has support policies including:

a) In time and to provide a free supply of information about the planning, plans to deploy the urban development areas;

b) Support the investment of projects that enhance the utility service capacity for the region.

3. Other preferable cases follow the rule of law.

Chapter II

URBAN DEVELOPMENT AREA

What? 7. Request for the planning, appraisal, approval of municipal planning

1. Planning, appraisal, planning approval, urban planning is implemented by the regulation of the Building Law, Urban Planning Law, and related manual text.

2. For the planned municipality to expand the boundary or urban development areas with a forecast population size equivalent to the Type I municipality, the Provincial People ' s Committee must submit a joint planning and planning scheme for the Department of Construction of the Prime Minister. Government approved.

3. In the 30-day period since the joint planning scheme is approved, the Provincial People ' s Committee has directed the deployment of the partition planning process for regulatory approval.

4. For those assigned to the scale of the size of the population equivalent to the Type IV municipality or to the special type of municipality, the Type I municipality, the municipalities of scale defined in the general planning are equivalent to the type I municipality, the Committee. The people of the provincial government took the Governor's opinion before the agency had the authority to approve the sentence.

5. The period of the Construction Building review for the opinion on the subsection planning schemes is regulated at Clause 4 This maximum does not exceed 15 working days since the date of receiving the published work and the planning case file.

What? 8. Accountability Profile for urban development area

The overall planning base for socioeconomic development, regional construction planning, urban general planning, division planning, urban development program, the Provincial People's Committee is responsible for organizing the project to propose the development of the urban development zone. The Prime Minister decides or decides the areas of municipal development under jurisdiction stipulated at Article 9 of this decree.

What? 9. Authority to decide on urban development areas

1. The Prime Minister decides the areas to develop the municipality below after having the appraisal of the Ministry of Construction on the content stipulated at paragraph 3 This Article:

a) The area of urban development in municipalities with general planning schemes under the approval of the Prime Minister ' s approval;

b) The urban development area of the administrative boundaries of the two provinces returns;

c) The urban development area aims to form a new municipality that has a population-equivalent size of the IV type IV to be approved;

d) The urban development area has a significant sense of security-defence.

2. The Provincial People ' s Committee decides the remaining urban development areas.

3. The appraisal content proposes the urban development area:

a) In accordance with the overall planning of economic development-the society, the planning of the overall planning of the national urban system, the planning and other development strategies associated with defense security;

b) In accordance with the general planning, partition planning, the urban development program has been approved;

c) The feasibility of the plan to implement the urban development area.

4. The number of records that proposed the urban development area sent back to the Construction Department for the appraisal of 10 sets.

5. The maximum proposed filing time does not exceed 30 working days.

6. The draft content decides to approve the urban development area that is based on the Appendix with this Decree.

What? 10. The profile content proposes urban development area.

1. The show.

2. The summary report on the urban development area is expected to include:

a) Name of the urban development area;

b) Location, urban development area boundaries (with a diagram of illustration);

c) The description of the status of urban development;

d) The theory of the establishment of the urban development area;

The most common function of the region;

e) Introduction of the basic content of the approved municipal general plan;

g) Plan implementation of the urban development area;

h) The deadline is expected;

) Preliminary preliminary, expected investment resources for urban development;

) Proposal the management form or establishment of the Board of Urban Development Regional Development as specified at Article 13 This decree. The new establishment or use of the Urban Development Area Management Board is available to manage each of the urban development areas,

What? 11. Content Plan implementation of the urban development area

1. Identilocate a portfolio of projects in the urban development area on the basis of a partition planning for type IV municipalities, joint planning for V-type municipalities and specialized functional areas.

2. Identilocate the order of construction investment, progress on the deployment of urban development investment projects, ensuring the implementation of framework engineering infrastructure projects and some of the area ' s level social infrastructure before the deployment of successful projects into the development of infrastructure projects. The other part

3. Plan relocation, resettlement.

4. Capital plans, capital mobiles.

5. The organization manages and performs in accordance with the capital mobiles.

What? 12. Public urban development and implementation plan

1. In the 30-day period since the decision to approve the urban development area, the Provincial People ' s Committee is responsible for organizing the public development area and implementation of the implementation; providing information and facilitation to the investors to participate in the project. Urban development projects.

2. Public publication of the urban development area and implementation of the implementation are conducted through mass media and other methods in accordance with local specific conditions.

3. The content of the publication includes the main content of the decision to approve the Urban Development Zone and the Plan to implement the Urban Development Zone to the investors who know, choose and decide on the investment of projects.

What? 13. Urban Development Regional Management Board

1. Location, function of the Board of Urban Development Regional Management:

a) Depending on the conditions of the locality, the Chairman of the Provincial People 's Committee decided to form the Urban Development Regional Management Board under the provisions at Article 2 of this Article, the Board of Urban Development Regional Management is a career unit of the People' s Committee. The provincial level, which has its own seal, has its own seal, is subject to the direction, management of the organization and operation of the Provincial People's Committee, is subject to the direction, guidelines on the business expertise of the Department of Construction and the Department of Professional Management in the locality;

b) The board of urban development areas has the function of helping the Provincial People ' s Committee to implement a number of municipal development management tasks in the urban development area, including: Management, monitoring of the process of urban development under the planning and management of the city. plan; ensure the synchrony and management of the framework engineering infrastructure, connect the technical infrastructure between projects in the construction phase; direct management of state budget capital projects assigned by the Provincial People's Committee; in fact, Several other tasks on the deployment of the urban development area were delivered by the Provincial People's Committee.

2. The established cases, the dissolution of the Board of Urban Development Regional Management:

a) The urban development areas must have the Board of Urban Development Regional Management: Urban Development Areas in municipalities with joint planning projects under the approval jurisdiction of the Prime Minister; the areas of urban development stipulated at the provisions of the Government. 2, 5, 6, 7 Article 2 of this decree;

b) Except for urban development areas that must have the Metropolitan Development Regional Management Board has stipulated at Point 2 This Article, for the remaining urban development areas, the chairman of the Provincial People ' s Commission is based on the local urban development needs to provide a settlement. decision to establish or do not establish the Board of Urban Development Regional Management;

c) Depending on the need for urban development, scale, the importance of the urban development area and the economic-economic development conditions-the local society, a province may establish one or more of the Board of Urban Development Regional Management; a Regional Board of Management. Urban development can also be entrusted with one or more of the urban development areas;

d) For the urban development area of the two provinces onwards, the Ministry of Construction coordinated with the People ' s Commission of Relevant Provinces to establish the Urban Development Regional Coordination Board to direct, support the Regional Urban Development Regional Development Board of the local entity. It ' s a synchrony of urban development.

The chairman of the Provincial People ' s Committee decided to dissolve the Regional Development Regional Management Board after the Board of Urban Development Sector Management had completed the mandate to be delivered under the rule of law, or those tasks were transferred to the Board of Management and the Board of Management. There ' s another urban development area.

3. Mission, the powers of the Board of Urban Development Regional Management:

a) The Chair, in collaboration with the relevant agencies that built the five-year plan, annually to implement the urban development area, the Provincial People's Committee approved and organized;

b) Organization of promotion activities in the urban development area; research, offering of preferable policies, the applicable special mechanism for building investment in urban development;

c) Planning a master investment project investment project investment project, the Provincial People's Committee decided; guidelines, support for the investment owners in the process of preparing investment and implementation of the urban development investment project;

d) The organization of management or implementation of the investment function on projects in the urban development area has the use of state budget funds assigned by the Provincial People's Committee;

Monitoring the implementation of the implementation of the planned urban development investment project, plans, progress in accordance with approved project content; aggregation, proposal, and coordination with the authorities handling entanged problems, births, and more. in the course of the investment;

e) Chair, coordination with functional agencies, service providers, investment owners, ensure synchrony connectivity and framework management systems management, which connect engineering infrastructure between projects in the construction phase of construction until completion of the project. It ' s been handed over to the municipal government.

g) Building the database system, provide information on the urban development area; in aggregation, report of the Provincial People ' s Committee and the 6-month Periodic Construction Ministry, annually or groundbreaking on the situation of implementing investment projects and implementation of the deployment plan. The area of urban development is administered;

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

4. The operating costs of the Board of Urban Development Project Management are guaranteed part from the budget, partly from the cost of management of the projects delivered and partly from the source of the service to the regulation of the law.

Chapter III

URBAN DEVELOPMENT INVESTMENT PROJECT

Item 1

URBAN BUILDING INVESTMENT PROJECT

What? 14. The detailed planning of the project

1. The establishment, appraisal, approval of the detailed planning of the investment project construction of the municipality implemented in accordance with the provisions of the law on urban planning.

2. The adjustment of detailed planning of the project must comply with the laws of the law on urban planning and must guarantee not to overdo the responsiability of the urban infrastructure system identified at the approved urban planning scheme, no matter what the project will be. It would adversely affect the urban landscape or reduce the quality of the population living in the area.

3. The establishment and regulation of detailed planning schemes of the urban development project must determine the construction space of the general engineering infrastructure for the layout of the line, tank, trench, technical tugnen.

What? 15. Manage Building Investment

The establishment, appraisal, approval and management of municipal construction investment projects are carried out under the provisions of the legislation on construction, this decree, and the relevant legislation.

What? 16. The condition is the project investor

1. For the investment owner is the state agency:

a) The function is consistent with the implementation of the project;

b) There is a proposal for reasonable project, planning and planning implementation of the urban development area.

2. For the investment owner is the business:

a) There is business registration under the provisions of the Enterprise Law in accordance with the implementation of the project and is eligible under the provisions of the real estate business law (if the project has a business product);

b) There is an investment inherent in its own ownership of no less than 15% of the total investment of the land-based project of less than 20 hectares, no less than 20% of the total investment of the project to scale land use from 20 hectares or more to the investment projects of the urban area;

c) Having an investment in its possession is no less than 20% of the total investment of the project on the remaining projects;

The equity of the investment owner stipulated at the points b and c stated above must be the real capital of the private owner as of the previous year adjacent to the five-owner investment project implementation of the urban development project expressed in the financial statements of the investment and investment owners. It has to be verified independently. The newly established business and cooperative case must have the confirmation text of the competent authority under the rule of law.

d) There is a reasonable project proposal, in accordance with the planning and planning implementation of the urban development area;

There is a team of management and manpower competers who are qualified, experienced and committed to ensuring that the project is correct and the progress has been approved.

3. For the investment holder is the political organization, social politics, career society; and

a) The function is consistent with the implementation of the project;

b) There is a reasonable project proposal, planning and planning implementation of the urban development area;

c) Only the project within the land use scope is used by the state agency to have the authority to hand over the use of use to serve functional activities, the mission is delivered.

What? 17. Level 1 investor

1. detailed planning (if the project does not have the approved details of the project), the urban design and investment project building the approved authorship municipality and executed in accordance with the approved detailed planning process.

2. Make the construction of construction work in accordance with the detailed planning and progress of the project that has been approved.

3. The investment in the system of engineering infrastructure works, the social infrastructure that ensures synchrony with the surrounding area infrastructure, is consistent with the progress of the approved project.

4. Make sure that the temporary connection between the technical infrastructure in the project area with the technical infrastructure beyond the scope of the project in case the technical infrastructure outside the scope of the project is not yet invested in accordance with the approved planning.

5. Do the requirements of the Provincial People ' s Committee on the contribution of construction of the regional infrastructure and the delivery of the land area that has the infrastructure to create the social housing construction fund under the rule of the housing law.

6. The organization performs activities that provide housing management services, engineering infrastructure systems, other urban services within the scope of the project during undelivered time.

7. Administration of operations and quality assurance of non-transfer or not transferred to the local government.

8. Monitor the implementation of the construction investment of the secondary investment owners (if any) in accordance with the detailed planning and progress of the project that has been approved.

9. The procedure for procedures and coordination with the secondary investment holder (if any) to make land transfer procedures with the technical infrastructure or other products of the project in accordance with the provisions of the law.

10. Other obligations under the rule of law.

What? 18. The obligation of the secondary investment owner

A secondary investment holder is responsible for the implementation of the obligations between 1 and 8 Article 17 of this decree.

2. The secondary investment holder is subject to the management of the first-level investment holder in the process of construction, ensuring compliance with detailed planning has been approved, making the construction of the construction under the regulation of the signing contract between the two parties, the French regulations. The law of building and law is relevant.

3. Other obligations under the rule of law.

What? 19. Change owner

1. Change the investment holder is the owner of the total transfer of the investment development project to another investment owner.

2. The change of the investment holder must ensure the principle does not alter the project objectives, guarantee the rights of the customer and the relevant parties, comply with the provisions of the law on project management using budgetary capital (if any), the law on investment, France. the law of real estate and real estate business.

3. The change of first-level investment must be approved by the state authority in writing. The authority with the authority to decide whether or not to deliver an investment in the project is that the authority has the authority to approve the change of the investment. The owner is responsible for sending out the relevant legal documents and documents (05 ministries) in terms of changing the owner to the state agency with the authority to speak above. The time of reviewing the state agency ' s response has jurisdiction not more than 30 days from the date of receiving the profile from the investment owner.

4. The new investment owner must ensure that there are sufficient provisions under regulation at Article 16 of this decree.

What? 20. Appropriation

1. The selection of the investment holder is made through the form of land use auction, the project bidding or application of the form of direct designation under the laws of the law of land, housing and related legislation, the Provincial People ' s Commission out of office. decide whether to choose the owner of the base on the results of the bidding, auction, or decision-making of the investment in the case of direct designation.

2. Alone for projects that use a competent human budget capital budget that decides to invest as a competent person who decides to choose the investment holder.

3. After being selected, the project holder is responsible for the filing of a proposed investment approval profile under the regulation at Article 26 of this decree, the Provincial People 's Committee to the Provincial People' s Committee to consider the decision to approve the investment or the available grant. the jurisdiction to decide to approve the investment implementation of the project by regulation at Articles 21, 22, 23, 24 and 25 of this decree.

4. The decision to approve the investment of the competent body is the legal basis for the head of the agency ' s agency to have jurisdiction, approval, and implementation of the project.

What? 21. The authority approx investment over investment projects that build new urban areas.

1. The Prime Minister decides to approve the investment after having the Secretary of Construction ' s appraisal opinion on the following cases:

a) Project has a scale of using land from 100 hectares or more;

b) The administrative colony of the two provinces or regions has significant implications for security, defence.

2. The Provincial People ' s Committee decides to approve the investment for projects that scale land use from 20 hectares to less than 100 ha after a unified opinion by the Ministry of Construction.

3. The Provincial People ' s Committee decides to approve the investment of the remaining projects.

What? 22. Authority approx investment in municipal redevelopment projects

1. The Prime Minister decides to approve the investment after a decision by the Ministry of Construction on projects that have scale land use from 50 ha to the ground and projects of regional positions that have important implications for defense security.

2. The Provincial People ' s Committee decided to approve the investment after a consensus on the construction of the Ministry of Construction on projects that have scale land use from 10 hectares to 50 hectares; projects in the development zone of development or historic capital (identified as "otherwise"). in the general planning schemes) of the special type municipality; the projects within the protected area of the site are granted authority recognition as national heritage, special national level.

3. The Provincial People ' s Committee decides to approve the investment for the remaining projects.

What? 23. Authority for investment approval for conservation projects, respect for urban area and public sector

1. The Provincial People ' s Committee decides to approve the investment after the unanimous opinion of the Ministry of Construction for the following cases:

a) The regional project has significant implications on defense security, the national level of mobility, the national special granted granted jurisdiction in the municipalities;

b) The project in the area of historical development or capital (defined in the general planning schemes) of the special type municipality.

2. The Provincial People ' s Committee decides to approve the investment of the remaining projects.

What? 24. Authority for investment approval for urban area-based renovation projects

The Provincial People's Committee decided to approve the investment of these projects indiscriminated under the laws of construction, the Agreement, and the relevant legislation.

What? 25. Authority for investment approval for investment projects construction of mixed-city urban area.

1. In accordance with the same regulations as for the urban area reconstruction project if within the project boundaries there are:

a) The reconstruction area of the project has a scale of land use from 10 hectares or more;

b) The reconstruction area of the project is in: The region has an important significance on defense security; the limited area of development or the historical capital (defined in the general planning schemes) of the special type municipality, the municipality has a well-issued relic. The authority is recognized as national heritage, special national level.

2. Make the same regulations as for the investment project building new urban areas for the remaining projects.

3. Additional implementation of such regulations as for the conservation project, respect to Article 40 of this Decree if within the project boundary there is a competent jurisdiction defined as cultural heritage.

What? 26. Profile of investment approval

The proposed profile to be approved of the project investment includes:

1. The proposal sheet approved the investment implementation of the project.

2. The decision to approve the result of an investor option or a decision to specify the investment or the document to confirm the right to use the land for the investment holder is the owner of the project.

3. The project profile is specified at Article 32 (not included: The Regional Shrinking Model of the implementation of the project is specified at paragraph 3 Article 32).

4. Legal texts accompanying: Decided to approve the urban development area and plans to deploy the urban development area; detailed planning profiles; profiles demonstrate the investment owner ' s competence on finance, investment experience, and proper management to provide the development of the project. implement the project and other relevant legal documents.

What? 27. The deadline for the filing of the proposed record and the decision to approve the investment

1. For projects under the jurisdiction of the Provincial People 's Committee decided to approve the investment not to take the uniform opinion of the Ministry of Construction, the Provincial People' s Provincial Committee of the Provincial Committee of Appraisal and decision to approve a maximum investment of 45 days of work since The date of taking up to 10 valid sets of documents from the specified holder at Article 26 of this decree.

2. For the authorized project the decision to approve the investment of the Provincial People ' s Committee must take the uniform opinion of the Ministry of Construction: In the seven-day deadline since the date of receiving enough 16 valid records under regulation at Article 26 of this decree, the Committee. The people of the provincial population are responsible for sending documents that are accompanied by 1 set of files to the Ministry of Construction. For a maximum period of 15 days of work since the date of receiving an opinion, the Ministry of Construction has a written response to the Commission of the Provincial People in accordance with the provisions stipulated at Article 28 of this decree. In the case of necessity, the Ministry of Construction is responsible for the opinions of the ministries, which are relevant, for projects in this case the deadline for review of the Ministry of Construction ' s written response is not exceeding 30 working days since the date of receiving the work. Excuse me. The decision-making deadline of the Provincial People's Committee is 15 days of work since the date of receiving the Ministry of Construction's reply.

3. For projects under the decision authority of the Prime Minister, the Provincial People ' s Committee sent 10 sets of proposals to approve the investment in the Ministry of Construction for appraisal. The Ministry of Construction is responsible for receiving, checking the case and submitting the opinions of relevant ministries within the seven-day period since the date of receiving sufficient valid records under the provisions of Article 26 of this decree. For a maximum period of 15 working days since the date of receiving an opinion, the Ministry of Industry has the responsibility to respond. For a maximum period of 20 days of work since the date of receiving an answer from the relevant ministries, the Ministry of Construction has the text of the office of the Prime Minister following the provisions stipulated at Article 29 of this decree. The Prime Minister has the decision to deliver the investment holder to execute the project in a maximum period of 30 days of work since the date of receiving the appraisal text of the Ministry of Construction.

What? 28. Content for the opinion of the investment approval proposal implementation of the project

1. In accordance with urban planning, urban development programs, urban development areas and plans for urban development areas have been granted jurisdiction; compliance with the provisions of the law is relevant.

2. The factors guarantee the feasibility and effectiveness of the project, including: The Master needs investment; the progress of implementation of the project; the economic efficiency-the society of the project tied to defense security.

What? 29. The appraisal of the appraisal proposal for investment execution of the project

1. The factors guarantee the suitcases of the project with urban development program urban planning, the investment development area, and the planned urban development area that has been granted authority approval, in accordance with the limits on the size of the population of the region. The implementation of the project, the compliance of the provisions of the relevant law.

2. The factors that ensure the feasibility of the project, include: Demand for use of land, resources (if available); factors affecting the project such as defense, security, environment.

3. The factors that ensure the effectiveness of the project, including: Investment Necessity; progress implementation of the project; economic-economic efficiency of the project.

What? 30. Content Decision

The decision to approve the investment has the following key content:

1. The project name and investment owner;

2. Location, boundary, area of the entire project;

3. The goal of the project;

4. Form of investment;

5. Preliminary Content Project (work, product ...);

6. Total Investment Concept;

7. Investment Capital;

8. Time and progress is expected; the investment diverts (if available);

9. Land delivery method, land lease, land transfer rights transfer (if any);

10. The land is devoted to building social housing, housing for rent or financial contributions (if any);

11. Infrastructure works are transferred to the State;

12. Regulations for stakeholders involved in construction management, operation, business, and transfer of works;

13. The decision to support, the state ' s incentives for the project by regulation;

14. The owner ' s obligation to the state, local;

15. Expected administrative management unit to the project, Regulations on the Coordination of Administrative Management, Administrative Transfers, Security and Utility Services between an investor with relevant local authorities in the process of execution until the completion of the project. Murder.

What? 31. Base for Project

1. General Planning, Subsection Planning and Regulatory Planning.

2. The plan to implement the urban development area.

3. The decision to approve the result of an investor option or a decision to specify the investment holder, or the text that confirms the right to use the land for the investment holder case is the owner of the project.

4. Legal texts are relevant.

What? 32. Project Profile

1. Convince the project with the following primary content:

a) the necessity and the legal basis of the project;

b) Investment and investment form;

c) The scale, area, the boundary boundary and the status conditions of the land;

d) The method of release of the facet, the resettlement method and the support of vocational training, seeks employment for workers in the area to release the facet;

The number and proportion of housing, apartments, product consumption methods; solutions and organizational methods carry out other public services and services;

e) Investment engineering economics, capital recovery business methods; total investment; economic and social investment efficiency; it is clear that land delivery, transfer of land use, land lease or use of land funds build a body infrastructure. capital for investment and business stages;

g) The competability and experience of the investment holder in finance, investment and management in accordance with the implementation of the project;

h) The method of execution:

-Project management form;

-Analysis of investment, implementation progress, and organizational measure.

2. The basis of the project ' s base design.

3. Urban design records and small-scale modeling of the project.

4. A project profile component for resettlement service, free release (if available).

5. The coordinated content between the owner of the investment and the local government on the following works:

a) Investment building engineering infrastructure outside the fence and technical infrastructure of the State passed through the project area;

b) The investment building of the headquarters and social infrastructure (if any);

c) The work categories for the infrastructure transfer are not reimbursable (if available) and the transfer progress;

d) The responsibility of providing other urban services and utility services;

Define the obligation, responsibility, and relationship between the project investor with the relevant hosts in the above coordination content;

e) The proposals for support and incentives for the project;

g) Proposal for administrative management, new administrative unit and administrative transfer of administrative management to the local government (if available).

What? 33. The project adjustment

1. The investment master case has proposed changes, the addition of one of the following: Goal, scale, land use function, product structure, and a 5-year-old panel of regulatory projects submitted by the regulatory authority to be considered. Okay.

2. The agency with the authority to approve the project investment will have the authority to review and issue an answer on the proposed changes, compleming the content of the regulatory project at 1 Article. The review deadline and maximum text is 30 working days since the date received the project file.

3. For projects within the scope of the opinion or appraisal of the Ministry of Construction before the authorities have the authority to review the approval, the owner must submit 3 project files on the Ministry of Construction for comment. The review and response time of the Ministry of Construction does not exceed 15 working days since the date of receiving the text and the project's project records. In the case the Ministry of Construction must take the opinion of the relevant ministries, the total review period does not exceed 30 days of work since the date of the recipient's text and project records.

4. The adjustment, appraisal, approval of the project after the adjustment is made in accordance with the provisions of the relevant construction and law legislation.

What? 34. Progress execute the project

1. The implementation of the implementation of the project must ensure the progress of the project and the overall implementation progress of the entire urban development area.

2. The master investment case with a proposal to adjust the progress of the project that led to the delay of taking the project into exploitation, the use of which the owner of the investment must have a text document and must be approved by the Provincial People's Committee in writing. The review and response deadline for the Provincial People's Committee does not exceed 30 days of work since the date of receiving the proposed text and the investment of the investor.

3. The handling of cases of violation of the progress of the projects is carried out in accordance with the laws of construction, land and law relevant.

What? 35. Social infrastructure construction investment

1. The investment owner has to build a synchrony of social infrastructure, according to the progress that is consistent with housing structures, ensuring that the quality of service meets the needs of the people who come in.

2. The direct case of the local government directly builds social infrastructure in urban areas with capital from state budgets, and the unit was built by the State of the State to implement the construction of the investment building. This process follows the progress of the project which has been approved and secured the unity of the project overall as the secondary investment holder.

3. The local government case cannot deploy the budget capital to build these works according to the original plan of the project, the owner of the investment responsible for implementing the investment of building these works in accordance with the right form (such as BT). BOO ...).

What? 36. Complete, transfer of the process to the extraction of use

1. The procedure to complete the work:

a) The completion of the completion of the work is done in accordance with the regulation of the law on the management of the construction work quality;

b) The storage of the profile of the work is done in accordance with the provisions of the law on storage, law on construction and related laws.

2. The investment owner must complete the procedure to be recognized for the right to use land and the right to own the work under the rule of law on the completed work put into exploitation, use.

3. Transfer, exploit the engineering infrastructure and social infrastructure:

a) For technical infrastructure and social infrastructure completed, the owner of the investment is mined or transferred to the side of the management, operating under the original objectives of the project.

The employer is responsible for the quality of the work and must be warranty on the transfer process by law. For the used work, before the transfer must proceed to evaluate the quality, value, and completion of the required maintenance work.

b) For technical infrastructures and social infrastructure that are not transferred or not transferred, the owner is responsible for managing and ensuring the quality of the operation.

c) The recipient of the transfer is responsible for the management of the work in accordance with the right capacity, which is responsible for the maintenance of the work under the laws of the construction of the building.

For the work on which the transfer recipient has been identified in the project content, the recipient of the transfer has the right and obligation to participate in the quality management and process experience during the construction process until the completion of the delivery table. use.

d) The procedure for the transfer of the work is done in accordance with the rule of the law, which is accompanied by the completion record and the investment decision-building decision.

4. For the work that requires the transfer of administrative management to the local government, the owner must plan and implement the transfer of administrative management to the local government under regulation at Article 38 of this decree. While it is not possible to make the full transfer of the project, the owner must coordinate with the local administrative management unit to address the administrative procedures for the residents to move in.

What? 37. Urban Services

1. The head of the project is responsible for organizing the provision of municipal services, ensuring that the needs of the population arrive at the right objectives of the project until the transfer to the government or the institutions, the professional service management business.

2. Local government is responsible for preparing the necessary conditions and directing the implementation of the management of the management of the municipal services to the organizations, the professional service management business.

What? 38. Transfer of Administrative Management

1. Based on the investment, construction and business of the project, the investment owner in coordination with the local government set up a transfer of administrative management in the project implementation area, the authorship authoritated to the parties involved, including:

a) The coordination of administrative management between the owner of the investment with the administrative management unit in the untransferred period is determined in the Decision to approve the investment;

b) Transfer management when completed construction of the work and put into the extraction, use by regulation;

c) Transfer administrative management upon completion of the entire project.

2. The Department of the Interior chaired with the District People's Committee directing the transfer of administrative management at the recommendation of the investment holder and the approved method. The procedure, the procedure of transferring administrative management is carried out in accordance with the laws of the organization and activities of the local government.

3. The transfer deadline is not too slow for three months since the owner ends the project as well as completing other responsibilities under the rule of law.

4. The administrative management unit must announce the headquarters and organization of the apparatus in accordance with the size of the managed management to carry out administrative management guarantee the rights of the population to stay.

What? 39. Capital mobiles and product business of the project

1. The investment owner is inherently under the rule of law to implement the project in accordance with the right content, the project progress has been approved.

2. Products of the project include: land with infrastructure, housing (villas, adjoining houses, apartment apartments), infrastructure and other structures.

3. The business of products of the project must comply with the provisions of this decree, the law of real estate business, the law of housing and the relevant legislation.

Item 2

CONSTRUCTION PROJECT INVESTMENT PROJECT IN MUNICIPALITY

What? 40. Management and implementation of construction investment on building investment projects in the municipality of the United States.

1. The investment building project in the municipality is carried out in accordance with the provisions of the legislation on construction, this decree and the relevant legislation.

2. For special municipalities: investment projects building structures in the area of historical development or historic capital (identified in general planning schemes), before the granting of the authority to approve the project, the Provincial People ' s Committee must take the initiative to take the initiative. The United States Department of Construction is unified by the Ministry of Construction of the Ministry of Civil Affairs.

3. Content for the opinion of the Ministry of Construction

a) In accordance with the urban planning, the urban development area and the implementation of the implementation of the urban development area that has been granted authority of approval; compliance with the provisions of the relevant law;

b) The factors that ensure the feasibility and effectiveness of the project, including: Investment necessity; objectives, progress implementation progress; economic-economic efficiency of the project.

4. For projects prescribed at Section 2 This Article, in the seven-day period since the date of the publication of the investment holder and 15 project filings (prescribed under the law on the management of the construction project investment project), the Provincial People ' s Committee is responsible for the project. I ' m sending a letter of opinion (with a 1 project set of projects), to the Ministry of Construction. For a maximum period of 15 working days since the date of receiving an opinion, the Ministry of Construction has responded to the Office of the Provincial People's Committee in accordance with the provisions of Article 3. The Provincial People's Committee has the responsibility to have the written approval to the owner of the project on the project for a maximum period of 15 days from the date of receiving the uniform text of the Ministry of Construction.

5. For the conservation projects that respect the cultural heritage site.

a) The implementation of the absolute project is not to be made to change or to harm the cultural, architectural, historical, ... original project of the building;

b) The establishment, appraisal, approval and implementation of the conservation conservation project in the urban development area is carried out in accordance with the laws of cultural heritage, law on construction, this decree and the relevant legislation;

c) For conservation projects that show respect to national monuments and national monuments in particular, in the seven-day period since the date of receiving the sheet and 10 of the project 's project records, the Provincial People' s Committee must take the unified opinion. with the text of the Ministry of Construction before the agency has the authority to approve the project. For a maximum period of 15 working days since the date of receiving an opinion, the Ministry of Construction has a responsibility to respond to the content specified at Section 3 This Article;

d) For conservation conservation projects that are ranked as provincial monuments, the owner of the investment must take the initiative of the Department: Architecture Planning, Construction, Sports Culture and Tourism to provide a review of the project prior to the approval of the project. For a maximum period of 15 working days since the date of receiving an opinion of the opinion and project records, the Department of the Department has the responsibility to have a written answer.

Chapter IV

THE RESPONSIBILITY OF THE STATE GOVERNING BODY

What? 41. Ministry of Construction

1. Unity of urban development on a nationwide scale.

2. Building the orientation, strategy, the overall planning of developing the national urban system, the programs, the national focus project on urban development, the indicators of urban development in the mission of economic development-the society of the country. In every phase, the Prime Minister approx and organizes.

3. Build, grant authorisation issued or enacted under the jurisdiction of mechanisms, policies, laws that govern the management of urban development investment management, policies, and urbanization management solutions, urban development management models, and more. And guide, check the organization.

4. Host, in coordination with the ministries, the relevant sector, the localities that control the urban development process ensure compliance in accordance with the overall planning direction development of the national urban system, urban planning and urban development plans that have been developed. Granted authority approval.

5. Host, in coordination with the ministries, the relevant organization of the organization of the planning schemes under the approval of the Prime Minister's approval in paragraph 2 Article 7 of this decree.

6. Has the unified opinion by writing to the Provincial People ' s Committee to approve the devolve planning schemes stipulated at the Article 4 Article 7 of this decree.

7. Host, in coordination with the ministries, the relevant organization the appraisal of the proposed urban development areas of the Prime Minister's decision stipulated at Clause 1 Article 9 of this decree.

8. Host, in coordination with the ministries, the organization-related industry appraisal of the investment approval for investment development projects under the investment approval of the Prime Minister in accordance with the provisions of Clause 1 Article 21, Clause 1 Article 22 Decree. There is a unified, written consensus to the Provincial People's Committee to decide to approve the investment of the planned urban development projects at Clause 2 Articles 21, Clause 2 Articles 22, and Article 1 Article 23 of this Agreement.

9. Has the unified opinion by writing to the Provincial People's Committee to approve the investment of building projects in the regulatory municipality at Article 2 Article 40 of this Agreement.

10. The organization to build and manage the database system, which provides information on urban development across the country.

11. Guidability, inspection, inspection, resolution of the complaint denouncing and processing violations in the field of municipal development under jurisdiction.

12. Do other tasks on urban development investment management are assigned by the Government, the Prime Minister of Government or authorized.

What? 42. Ministry of Planning and Investment

1. Host, in collaboration with the Ministry of Construction, the Ministry of Finance Planning an investment allocation of investment financing of the investment development investment projects built by the Central budget capital; raising of the ODA capital for development project programs that support development and development. Renovation, urban upgrade.

2. Host, in collaboration with the Ministry of Relevant Ministries which guide the localities implementing investment incentives for urban development investment projects.

What? 43. Ministry of Finance

The presiding officer, in collaboration with the ministries involved in construction and guidance on the implementation of the incentives involved in financial policy, tax on urban development investment projects.

What? 44. Ministry of Natural Resources and Environment

1. Check out, see, and guide local guidelines for the sweep, regulation, planning addition, land use plan, and land fund preparation for the construction of urban development investment projects.

2. Specific guidelines for the use of urban development land funds, minimum resettlement and guided implementation of land-based incentives for urban development investment projects.

What? 45. The ministries, sector related

1. Set up and manage industry planning and government duties to serve as the basis for urban development.

2. Practice state management functions under jurisdiction over urban development investment projects.

What? 46. Provincial People's Committee

1. Unity of urban development on the site; construction of the machine with sufficient capacity to meet the requirements of the State management in accordance with the actual urban development practice.

2. Directed the evaluation of evaluation and determination of urban development areas, planning implementation of urban development areas, established the Board of Urban Development Regional Management, which ensures effective rational transition in the short term and development of the urban development sector. sustainable urban development; calls for investment in local urban development projects.

3. The organization does the release of the face by law; and the implementation of the management organization, the implementation of the urban land fund development.

4. A housing and temporary housing fund serves as the launch of budget capital projects as well as projects using other sources of capital.

5. The organization of engineering infrastructure outside the project boundaries ensures synchrony links to the urban framework engineering infrastructure.

6. The director receives the transfer and organization of the administrative manager when he receives the transfer, delivering the investment development projects.

7. Building and manage the local urban development information system, implementing a local urban development assessment report, a six-month period of reporting results on the Ministry of Construction for aggregation of the Prime Minister's report.

8. Host, in collaboration with the Ministry of Natural Resources and Environment, Department of Construction, adjustment or planning addition, land use plan for the layout of the urban development land fund.

9. Specific regulation of incentives, incentives to call for economic components to participate in urban development investment.

10. Inspector, check, execute the breach under jurisdiction.

Chapter V.

RELAY PROCESSING

What? 47. Common Principles

The process of transferring the regulations on urban development investment management is made since the date of this decree taking effect and following the following principles:

1. re-establish order in urban development work: Construction investment in accordance with national urban development guidelines, general planning, subdistrict planning has been approved and ensures that the co-synacal connection of projects in each area of development is approved. urban capital;

2. Make sure the implementation of urban development investment projects in accordance with the plan to implement the approved urban development area, rectify the state of spontaneous development, excess, waste of land resources, the resources of society;

3. Limit the effects that affect the progress, effectiveness of the project, the right and the legitimate interests of the parties involved.

What? 48. Procer to relay the regulations on urban planning and define the urban development area.

1. The case of municipalities has been approved by the shared urban planning but there has been no regional planning, regulatory planning and urban design, the urban development program since the date of this Decree in effect, the Provincial People ' s Committee must direct the organization. The planning of a detailed planning division, urban design, architectural planning management, and urban development programs for approval by law on urban planning and the basis for determining urban development and construction. The plan is to be implemented in accordance with Article 8 of this decree.

2. The case of municipalities has a common planning, division planning and approved urban development program but has not yet defined the urban development area, since the date of this decree is in effect, the Provincial People 's Committee must direct the region' s identification of the area. urban development; approval under the jurisdiction or authorship of the deciding decision by regulation at Article 9 and the establishment of the Board of Urban Development Regional Development as stipulated at Article 13 of this decree.

What? 49. The transition processing for projects has been delivered on the basis of joint planning compliance and the devolve-approved partition planning authority.

1. The Provincial Committee of the People's Provincial Committee is sweeping the project, adding the project to the portfolio of projects of the urban development area, ensuring that the project is done in accordance with the plan to implement the urban development area and the provisions of this Decree.

2. For investment projects that build urban areas with housing: the Provincial People's Committee of the Provincial People's Provincial Committee, which governs the project to make the right of the right of the land area to the social housing, as defined by the law of the housing and the relevant law.

What? 50. Procellate processing on projects that have been delivered before the general planning, the allocated partition planning is approved by the authority.

The Provincial People's Committee directed the search, classification, and implementation of the transitional treatment for each case as follows:

1. The projects are consistent with the joint planning and the approved partition planning: Implemenation of regulations at Article 49 of this decree.

2. The projects are not consistent with the general planning and the approved partition planning:

a) The project case has not yet implemented a construction investment or has built a technical infrastructure part of the project: the Provincial People ' s Provincial Committee directed the search, which regulates the project to conform to the general planning, the partition planning and management implementation of the project. according to the provisions of this decree and the relevant legislation;

b) The project case has completed the construction of the technical infrastructure system: the Provincial People's Committee of the Provincial Committee directed, examining the infrastructure connection; regulating the project to conform to joint planning, partition planning, and securing connections to the system. the general level of the region; adjustment of project progress under the plan to implement the urban development area;

c) The project case has completed the construction of the engineering infrastructure and is implementing the investment construction investment: the Provincial People ' s Committee to direct the search, which regulates the areas that have yet to implement the work-building investment to fit the rule. General planning, division planning; regulate the housing structure of the project by market demand; regulate the progress of project implementation under the plan to implement the urban development area;

d) The project case had completed the process of building raw construction: People's Committee of the Provincial People's Provincial Committee of the Provincial Committee, requiring the owner to focus on finishing the social infrastructure and other structures to bring the project into use.

3. For projects in the municipalities with general planning approval of the Prime Minister ' s approval, when regulating the projects stipulated at the points a, b, c A 2 This, before the authority to approve the project, the owner of the investment must submit $03. The Ministry of Construction projects adjust to the Ministry of Construction to have a unified opinion in writing about the following content: The compliance with urban planning, urban development areas and the plan to implement the urban development area that has been granted authority approval; compliance. The rules of the law are relevant. The review deadline and the maximum reply text do not exceed 30 days of work since the date of receiving an opinion, a regulatory project record, and relevant legal documents.

4. For the investment project cases the construction of the housing district has to simultaneously implement the provisions at Section 2 Article 49 of this Decree.

What? 51. Procsent processing to projects of the prescribed range at Clause 1 and 2 Articles 21, 22; Clause 1 Article 23; Clause 2 Article 40

For projects of the above stated scope that has been approved for investment before this Decree date is valid, in case the project must adjust the specified content at Clause 1 Article 33, then before approval of the adjustment project, the owner of the investment must be sent. 03 sets of regulatory projects adapted to the Ministry of Construction to have a unified opinion in writing about the following content: The compliance with urban planning, the urban development area and the plan to implement the urban development area that has been granted authorit-granted jurisdiction; compliance. The rules of the law are relevant. The review and response deadline for the Ministry of Construction has not exceeded 15 working days since the date of receiving an opinion, a regulatory project record, and relevant legal documents.

Chapter VI

EXECUTION CLAUSE

What? 52.

Ministers, peer-agency Prime Minister, Head of Government of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of Central, the Head of Political, Political-Social, Social and Social Political organizations-the profession and the institutions. The individual is responsible for the implementation of this decree.

What? 53.

1. This decree has been in effect since March 1, 2013.

2. This decree replaces the Digital Protocol 02 /2006/NĐ-CP 05 January 2006 of the Government.

3. Government regulations on urban development investment activities issued before the time of the Protocol are in effect if it is different from the regulations at this decree that follow the regulations at this Decree ./.