Circular 10/2009/tt-Bxd: A Guide To Project Management In Housing Construction, Industrial Worker Housing And Low Income Housing

Original Language Title: Thông tư 10/2009/TT-BXD: Hướng dẫn quản lý dự án đầu tư xây dựng nhà ở sinh viên, nhà ở công nhân khu công nghiệp và nhà ở thu nhập thấp

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Circular investment project management in housing construction, industrial worker housing and low-income housing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 17/2008/ND-CP on 04/02/2008 of the Government functions, duties and powers of the Ministry of construction;
Pursuant to Decree 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;  Decree 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;
Pursuant to Decree 90/2006/ND-CP dated 6/9/2006 by Government detailing and guiding the implementation of the Housing Law;
Pursuant to Decree 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works;
Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction;
Pursuant to decision 65/2009/QD-TTg, 66/2009/QD-TTg, 67/2009/QD-TTg dated 24/4/2009 of the Prime Minister issued a number of mechanisms, the development of housing for students at universities, colleges, vocational and vocational, for workers in the industrial area rent , for low income people in urban areas;
The build guide details on project management in construction of housing students, industrial worker housing and low income housing as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. The scope of application of this circular guide on project management for construction: a) The project to build housing for students, student (student housing) for universities, colleges, secondary professional, vocational college, intermediate occupations regardless of their public or outside the public service (hereinafter referred to as the training base) according to decision 65/ 2009/QĐ-TTg dated 24/4/2009 of the Prime Minister issued a number of mechanisms, the development of housing for students at universities, colleges, vocational and professional level.
b) The investment project to build housing for workers employed at the industrial zone of focus (including industrial), export processing zones, economic zones (hereinafter referred to as industrial workers housing) under decision 66/2009/QD-TTg dated 24/4/2009 of the Prime Minister issued a number of mechanisms , the development of housing for workers in the industrial zone.
c) investment projects to build houses for the low income audiences in urban areas (hereinafter referred to as low-income housing) under decision 67/2009/QD-TTg dated 24/4/2009 of the Prime Minister issued a number of mechanisms, the development of housing for low income people in urban areas.
2. Subjects of application this circular apply to organizations, individual housing construction investment and action to build housing projects in the scope outlined in paragraph 1 of this article.
Article 2. Identify the owner of the project 1. For student housing project: a) projects using the State budget:-base characteristics of the project and the specific local situation, the provincial people's Committee delivered to the following agency invested the student housing project using State budget funds + Department of construction or agency has the function of investment management for construction project in focus (including student housing project for school on the campus of the institution).
+ Training facilities for on-campus housing projects of the training facility.
-The owner of student housing project training in the armed forces by the governing body of this training facility.
b) other capital project uses: The owner invested the student housing project is the owner of that project.
2. for workers ' housing project: industrial zone a) owner of infrastructure construction dwellings (Investor's level I): the business project owner industrial infrastructure may be:-management of local industrial or trading enterprises-industrial infrastructure b) investor in housing projects (the investor level II) Project Home: investors in industrial workers can be:-management of local industrial zone;
-Business industrial infrastructure;
-Enterprises in the industrial park;
-Enterprise business function housing. 3. Housing project for low-income people: Who owns the capital housing projects for low income person is the owner of this project.
Article 3. Competence evaluation and project investment decisions 1. For student housing project: a) projects using the State budget:-provincial people's Committee decided to invest in housing projects, focus student housing projects within the training facility using State budget contains the list of projects has been The General construction process of approval by the Prime Minister. The Department of planning and investment is the focal organizations assess these projects.
-The governing body of the institution in the armed forces assigned to the unit or the professional body affiliated to the focal unit is held due diligence before deciding to invest in housing projects of students of the training facility.
b) project using the other sources of capital: investment business valuation organization and approved the project.
2. Housing project for workers and low income housing: investment held business appraisal and approval of projects.
Article 4. The sequence of project implementation of the student housing project, housing, low income housing are made according to the following sequence: 1. preparation phase: a) Who determine investment decisions and delivered owner housing projects as defined in article 2 of this circular.
b) Investor established the provincial PEOPLE'S COMMITTEE proposal sheet approved investment undertakings (except for student housing projects use State budget). The sample sheet of proposed and approved investment undertakings according to the model in annex 1 of this circular.
c) Investor held up construction projects for submission to the investment decision of approval.
d) Who decided to organize investment appraisal, approval of the project.
2. investment execution stage: a) owner made for land or rent land for the project.
b) make the compensation, clearance (if applicable):-for student housing projects and housing projects of industrial workers was formed, the provincial PEOPLE'S COMMITTEE held compensation, clearance.
-Housing projects for industrial workers are in the stage of formation, the investor level I organize compensation, clearance.
-For low-income housing projects, the investor level I new urban projects, organize compensation, clearance.
c) Investor and contractor selection organization contracting survey construction, building design.
d) contractors surveyed building, the owner held trials reported survey results builds.
DD) contractors construction drawing design-estimating the investor due diligence, approval.
e) Investor and contractor selection Organization signed the construction contract.
g) the contractor performs construction works.
3. Finish the project put into operation using: a) investors to organizations collecting, transferring projects to harness use.
b) Investor held up investment capital the investment decision process for approval.
c) approach build investor and student housing rental price (for projects not using capital budget), price for rent industrial workers in the provincial PEOPLE'S COMMITTEE for approval. Student housing rental price in the investment projects by the State budget due to the provincial PEOPLE'S COMMITTEE.
For low-income housing projects, building owner option and browse the sale, lease, hire purchase after the provincial PEOPLE'S COMMITTEE has been appraised.
d) contractor warranty; management unit, operate the perform maintenance works.
Chapter II ESTABLISHMENT, appraisal, APPROVAL of CONSTRUCTION PROJECTS in article 5. Set up project build in 1. Pursuant to established project: the owner held up investment projects to build houses. If the investor does not have to qualify the ability to hire qualified counselling capacity to establish housing construction projects according to the instructions in this article.
a) sorting, grouping the project: student housing project, housing for workers in industrial parks and housing projects for low income people are classified and grouped according to the provisions of Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction.
b) for accommodation students: student housing project was created based on the following factors: – for projects using the State budget capital: based on the portfolio have planned student housing development has been The General construction process of approval by the Prime Minister.
-Construction planning and housing development plan of local students, ministries, training facility ....-accepted investment undertakings of provincial projects (excluding student housing projects use State budget).
c) for industrial worker housing: housing project workers in industrial zones to be created based on:-the development of the industrial zone, urban construction planning, program development, local housing.
-Construction planning and infrastructure development plan.
-Accepted investment undertakings of provincial PEOPLE'S COMMITTEE.
d) for low income housing: low income housing project was created based on:-the planning of urban construction, housing development program of the local.
-The actual needs and conditions, characteristics of the local.
-Accepted investment undertakings of provincial PEOPLE'S COMMITTEE.
DD) in addition to the grounds referred to in points a, b, c and d referred to in this paragraph, when the student housing projects, industrial worker housing, low income housing also is based on the standard rules, standards, the provisions of this circular and the other applicable rules are concerned.
2. Content of the project: a) presentation Part: part of the project is stated to be the following: mainly content-based projects: stating the grounds on the basis of the guidance in paragraph 1 of this article.
-Construction location: specify the location, location of the building project.

-Land use needs: base construction investment needs, the construction standards, building standards and guidelines of this circular to determine land use needs for the project.
-Description of the scale, the area of construction, the projects in the project.
-Perform solution: + clearance approach (if the project area not yet ground clearance).
+ Option to support infrastructure construction (if any): include supporting the work of technical and social infrastructure.
+ Architectural approach: stated the suit construction planning, architecture and landscape where the construction works.
+ Option to manage, operate, exploit the project: specify the form of sale, hire, hire-purchase.
+ The progress of project implementation: clearly the investment phase, time, the progress of implementation of each stage.
+ Project management forms: application form of owner project management directly or hired management consulting projects.
+ Total investment: defined according to the current rules on the management of construction cost (currently Decree 99/2007/ND-CP dated 13/6/2007 on the management of the investment costs of building works) and the other relevant regulations on the design, using standard building materials , guidance on capital productivity; ...-capital source implementation: clearly state budget, local central; preferential loans; the capital of investors, ...-The support and other incentives.
b) basic design: Part-part presentation: part of the basic design are outlined was the following principal contents: + abstract location; the location, the scale of the projects; the connecting infrastructure within the project area and with infrastructure beyond the scope of the project.
+ Design; total surface: applied building density and land use factor = 1.5 times of construction standards (depending on the local construction sector to determine in accordance with specific conditions).
+ Area in the standard (including the extra area): * for student housing: minimum 4m2/students; maximum 8 students per room.
* For housing workers: minimum 5/person; Max 8 people/apartment.
* For low income housing: must not exceed 70 m2/apartment.
+ Use (using area: includes area in + other functional areas area/building floor area) for the type of houses from 0.7-0.8. 
+ Catalog standards, standard designed primarily: to apply domestic standards.
+ apply the standard of the average building material production in the country.
-Parts drawings: includes the following: mainly drawing-drawing of the layout of the project.
-Drawings of the architectural approach of the main works.
-Drawing the connecting infrastructure within and outside the scope of the project.
Article 6. Evaluation of investment projects in construction of housing 1. The investor of the project profile to authorized person deciding to appraise, approve. The records appraisal, approval include: a) the sheets of the project appraisal according to the model in annex 2 to this circular;
b) project to build houses;
c) text approved investment undertakings of provincial PEOPLE'S COMMITTEE.
2. the clue unit investment allocation decisions the evaluation of projects referred to in article 3 of this circular are responsible for project evaluation organization to submit the approved investment decisions.
3. in the project appraisal process, focal unit held a meeting to obtain the opinion of the Department of construction of the basic design (the case of the Department of building's owner is not consulted about the design basis) and the comments of other agencies related to the power supply; plumbing; Fire Department fire; ... clue unit must submit the project to the relevant bodies of at least 10 working days before the meeting. the opinion of the authority at the meeting is the official opinion of the project and established thereon.
Article 7. Content evaluation of investment projects in construction in the project appraisal of the unit leads include: 1. Reviewing the elements ensuring viability: a) the sources of capital and the possibility of financing the project.
b) clearance capabilities (if not already there).
c) power supply, water supply capacity, ...
2. Review the economic efficiency of the projects (excluding student housing using State budget).
3. Consideration of the basic design: a) the conformity of the project with construction planning, architecture, landscape project area;
b) logical connection of technical infrastructure;
c) applying the standard rules, design standards;
d) condition of capacity planning and project design.
The case apply design templates do not have to consider the terms of the basic design.
Article 8. Approval of construction projects in the focal unit project profile to authorized investment decisions for approval of investment projects to build houses. Profile project approval process include: a) the approval Sheet form in annex 3 to this circular;
b) records the evaluation projects and additional material of owner (if any) referred to in article 6 of this circular;
c) the minutes of the meeting of project evaluation referred to in paragraph 3 article 6 of this circular;
2. Decides to approve the investment project of construction of houses was established according to the model in annex 4 of this circular.
Article 9. Time, due diligence, investment project approval House construction 1. Time building investment project in which students use the State budget up to 20 working days.
2. The time evaluation, approval of the type of housing projects up to 20 working days from receipt of valid records.
Article 10. Setting, appraisal, approval of the technical-economic report housing 1. The housing construction have a total investment of under 15 billion (not including land use money) does not establish that construction investment projects need only establish the technical-economic report.
2. sequence, content creation, appraisal, approval authority reported technical-economic housing construction investment was made under the provisions of circular No. 03/2009/TT-BXD dated 26/3/2009 of the Ministry of construction and the provisions of this circular.
Chapter III IMPLEMENTATION of INVESTMENT PROJECTS in CONSTRUCTION in article 11. Construction design of housing 1. For the project to build the housing, student housing, low income housing designed the 2 step is the basic design and construction drawing design.
2. in case of student housing projects use State budget have applied the design template or the works require only economic reports-technically a step design is the design of construction drawings.
3. The owner held up, evaluation and approval of construction drawing design according to the provisions of Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction.
4. Duration of construction drawing design for student housing projects use the State budget up to 30 working days.
5. Time of appraisal, approval of design drawing up to 10 working days from receipt of valid records.
Article 12. A building permit for the housing project in the scope of this circular, after approval of design drawing investors was the construction of works that do not have to apply for a building permit. Before the construction of at least seven days, the owner must notify the Building Authority in local knowledge.
Article 13. The choice of building contractors and construction 1. For student housing projects use State budget, investors are free to implement the project with enough capacity or condition specified project consultancy, design, supervision of construction, providing materials and equipment and the construction of eligible capacity to direct negotiations and signing of the contract.
If the application form specifies the bid values the maximum reduction consultant contract no more than 5%; equipment supply contracts, goods, construction is defined, must not exceed 2% decrease compared with the approved estimates.
2. for projects using the other investor funds the project itself if enough capacity or condition to decide the form to choose the contractor eligible project implementation capacity.
3. Encourage the application form specifies the contractors have qualified EPC implementation capacity. 
4. Signing of contract: the contract form made the work of the project owner decided to choose on the basis of the agreement with the contractor.
5. for capital projects funded apply form specify the bid then the duration of the procedures and negotiating the contract for a maximum of 20 working days.
Article 14. The construction management 1. In the construction process, the server can perform the management of construction quality, volume, speed, safety, hygiene and the environment in accordance with the building Act, Decree No. 12/2009/ND-CP, the Decree 209/2004/ND-CP, Decree 49/2008/ND-CP and the relevant guidance documents.
2. The project to build houses must be held independent consulting with the owner and building contractor qualified under the regulations of the auditing implementation, certificate of conformity of quality according to the current rules before putting the work into use.
Article 15. Manage the cost of housing construction investment 1. Establish and manage the cost of investing in the construction of the housing project is determined by the provisions of the Decree 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works and text instructions.
The case indicated the contractor perform EPC the student housing projects use State budget, when it negotiated a contract, the contract price may be temporarily determined on the basis of the value of investment levels. EPC contract price will be determined on the basis of official value estimation of the work in the project, but not exceeding the total investment was browsing.
2. The advance payment to be made under the provisions of the law and the terms agreed upon in the contract.
3. The capital investment made under the current rules.
Article 16. The form of project management 1. Form of investment decisions by MANAGING PROJECTS of decision when it approved the project based on the scale, the nature of the project and project management capability of the investor.

2. The model of MANAGING PROJECTS, functions and tasks of project management or consulting MANAGING PROJECTS made under the provisions of Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction and instructions of circular No. 03/2009/TT-BXD dated 26/3/2009 of the Ministry of construction.          
Chapter IV IMPLEMENTATION article 17. The Ministry of construction is responsible for: 1. General category student housing projects use State budget as reported by the provincial PEOPLE'S COMMITTEE and ministries, the Prime Minister's approval.
2. Hosted, in cooperation with other ministries, provincial PEOPLE'S COMMITTEE building and industry investment plans student housing construction, industrial worker housing and low income housing period 2009-2015 the Prime Minister for approval.
3. Guide the urge and examine the implementation of construction projects, student housing, industrial worker housing, low income housing, general implementation and propose mechanisms to remove the obstacles in the implementation process to report the Prime Minister.
Article 18. The provincial people's Committee has the responsibility to: 1. Formulate and approve the plan of implementation of the student housing project of training establishments regardless of authorities, industrial worker housing, low income housing on the local scope.
2. Directs the implementation of the investment programme to build housing on the geographical scope of this circular.
3. Periodically 3 month, 6 month, 1 year implementation report, the obstacles and propose timely comments about the Ministry of construction to address or to The General construction reported the prime consideration.
Article 19. The ministries concerned have the responsibility to: 1. Formulate and approve plans to implement student housing projects of the training base under the control of investment decision.
2. In collaboration with the provincial PEOPLE'S COMMITTEE directed the implementation of student housing projects in training institutions administered under the guidance of this circular and the other legal texts concerned.
3. Six months, 1 in the implementation report, the timely comments and proposals to the Ministry of construction to address or to The General construction reported the prime consideration.
Article 20. Terms of implementation 1. This circular has effect from 1/8/2009.
2. During the implementation process if there are obstacles, the proposal to send comments about the Ministry of construction to consider, resolve./.

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