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Circular 11/2013/tt-Bxd Regulatory Regime: Report On The Situation Of Implementing Construction And Sales Of Real Estate Projects

Original Language Title: Thông tư 11/2013/TT-BXD: Quy định chế độ báo cáo về tình hình triển khai đầu tư xây dựng và kinh doanh các dự án bất động sản

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CIRCULAR regulations report on the situation of implementing construction and sales of real estate projects _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base Housing Law No. 56/2005/QH11 on November 29, 2005;
Pursuant to the law of real estate business 63/2006/QH11 on June 29, 2006;
Pursuant to Decree No. 62/2013/ND-CP dated 25 June 2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 153/2007/ND-CP dated 15 October 2007 of the Government detailing and guiding the implementation of the law on real estate business;
Pursuant to Decree No. 71/2010/ND-CP dated 23 June 2010 of the Government detailing and guiding the implementation of the Housing Law;
Pursuant to Decree No. 11/2013/NĐ-CP on 14 January 2013 by the Government on the management of urban development investment;
Proposal of the Director of Department of management and the real estate market, construction Minister issued circular regulations report on the situation of implementing construction and sales of real estate projects.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular guides the implementation report on the investment situation of construction and sales of real estate projects.
2. The types of real estate projects are reported as prescribed in this circular includes: housing development projects; investment project to build new city; apartment building project in the mixture; technical infrastructure projects in industrial zones; the Trade Center project, Office for rent, hotels; eco-tourism projects, vacation packages.
Article 2. Application object 1. The objects are responsible for reporting under the provisions of this circular are: a) the Department of construction of the central cities,;
b) Investor real estate projects as specified in clause 2 1 of all economic sectors.
2. The organization, individuals are responsible for providing the information, figures for clues to the synthesis report.
Chapter II PROVISIONS on REPORTING article 3. The report of the State administration in the field of local property 1. Reporting unit: Department of building of the province, the central cities.
2. the content of the report: on the basis of the report of the owner of the real estate project, figures of the relevant agency, the Department of construction of the central cities, is responsible for General and created the following reports: a) General report basic information of real estate projects (form in annex 1);
b) report on the State of implementation of investment projects for construction of local property (form in annex 2);
c) report on the State of the clearance of the project on the property (the form in annex 3);
d) report on the State of real estate business in real estate projects in the area (the form in annex 4);
DD) report on the situation of the real estate transactions and budget revenues from the land and from real estate transaction (form in annex 5);
In the above-mentioned report should specify the cases the owner had the wrong date in the process of implementing the project property to handle under the authority and the people's Committee issued recommendations the handle measures consistent with the provisions of the law on investment, building , land, houses and real estate business.
3. The time limit for submitting the report of the Ministry of construction: a) Quarterly (before the last day of the last month of the quarter);
b) annually (before 31 December).
4. The form send the report: writing and using electronic data files.
5. Where the receiving report: Department of management and the real estate market House-The building, no. 37 Le Dai Hanh, Hanoi (email: cucquanlynha@gov.vn).
Article 4. Report of the investor's real estate projects 1. Reporting unit: the owner of real estate projects; Management of industrial clusters; The management of urban development areas by the State establishment.
2. the content of the report: a) General report basic information of real estate projects: report the basic content of the project according to investment approval, certificate or decision to allow investment of the competent State bodies. When the project has additional adjustments, then the owner of the real estate project is responsible for reporting the additional adjustments.
(The form in Appendix 6).
b) report on the situation of implementing the project: report on the situation of the clearance; the situation of investment in building the technical infrastructure works; the situation in construction investment.
(The form in annex 7).
c) reports on the State of business in the project:-the situation of raising capital (form in annex 8);
-Implementation of financial obligations (form in annex 9);
-The situation of home sales, rentals, transfer of land use rights, land rental ... (The form in Appendix 10).
For the completed project construction investment process, the investor continues to report the business situation in the project until the sale, the entire rental property business is allowed in the project.
d) end report construction project: a report on the main content of the project after completed construction (form in annex 11).
3. The time limit for submitting the report on the Department of building and construction Sets: a) the time limit for sending the report basic information of real estate projects are defined as follows:-after 7 days since the investment approval decision or allow investment, project approval decision of competent bodies investment certificates (for foreign investment projects);
-After 7 days to submit the additional report when it has decided to adjust the project (if any).
b) the time limit for submitting the report on the situation to deploy the business situation reports and projects are defined as follows:-quarterly report (before the 25th of last month of the quarter);
-Annual report (12/25).
c) the time limit for submitting the report the end of construction is specified as follows:-after 15 days from the completion of the construction works according to the stage of completion of the project or investment (investment stage or project components are included in the approved investment decisions the decision to approve the project, decided to allow investment or investment certificate ...);
-After 15 days from the completion of the whole construction works of the project.
4. The form send the report: writing and using electronic data files.
5. Where to get the report:-Department of management and the real estate market House-The building, no. 37 Le Dai Hanh, Hanoi (email: cucquanlynha@gov.vn);
-Local construction projects.
Article 5. Check out the performance and handling of violations to report the situation to deploy the project property 1. Check the implementation report: mode a) local construction Departments are responsible for checking on the contents of the report the owner of real estate projects;
b) Department of management and the real estate market home inspection report of the Department of construction and coordination with local construction Departments inspect the situation to deploy the project property to serve state management.
2. Handle violation: investors real estate projects not reporting or not reporting on time, the content is inaccurate, incomplete as prescribed in this circular dealt as follows: a) the first violation: local construction Departments to send text reminders to the investor;
b second offense): public information about violations up website (Website) of the Ministry of construction, the Website of the people's Committee (City), the Website of the Department of local building projects and real estate notice to owner (if any). At the same time, the sanctioned administrative offense under the provisions of the law.
Chapter III IMPLEMENTATION

Article 6. Transitional provisions 1. For the project being implemented: within 30 days from the date of this circular effect, the project owner must submit the report according to the provisions of article 4 of this circular.
2. for the projects have finished, have trials put to use from 1 January 2013 to the point of this circular effect: the project owner must make the report prescribed in point d and point c of paragraph 3 clause 2 article 4 of this circular.
Article 7. Implementation 1. The responsibility of the Department of management and the real estate market-Ministry of construction: a) General report data according to the provisions of this circular and reports the Minister of construction about the situation and invest in the construction business in the real estate project on nationwide;
b) presiding, in cooperation with the relevant units in the ministries, local testing situation to deploy the project property.
2. The responsibility of the people's Committee of the central cities, and build: a) the province people's Committee, central cities are responsible for issuing the regulation on coordinating regulation, mandates, specific responsibilities of the departments, the professional body under the authority of management (Department of planning and investment , Department of finance, taxation, Department of natural resources and the environment, industrial management, the management of urban development area) and the people's committees at district level in providing figures for construction to General reports;
b) construction is the focal point of synthesis reports, and has the responsibility to guide and urge investors to real estate projects on the area taken seriously the reports as prescribed in this circular.
Article 8. Terms of implementation 1. This circular effect since October 1, 2013.
2. The objects prescribed in this circular are responsible for implementation of the report started from the fourth quarter of 2013.
3. in the implementation process, if there are difficulties and obstacles, the proposal to send comments about the Ministry of construction to consider, resolve./.