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Resolution 34/2007/nq-Cp: About Some Solutions To Make Improvements, Rebuilt The Old Apartment Was Damaged, Degraded

Original Language Title: Nghị quyết 34/2007/NQ-CP: Về một số giải pháp để thực hiện việc cải tạo, xây dựng lại các chung cư cũ bị hư hỏng, xuống cấp

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RESOLUTION of the GOVERNMENT Of a number of solutions to make improvements, rebuilt the damaged old apartment, down the current level in the municipality across the country there are many condominium was built from the 1990s are damaged or severe degradation needs to be renovated , rebuilt.
In the session on 3 and 4 May 2007, the Government gave Parliament the following: i. the OBJECTIVE, requirement 1. Unity advocates implementing renovation, rebuilding the old apartment was damaged, degraded to produce new housing areas have better quality, contributing to the improvement and enhancement of the living conditions of the people, improving the face towards urban architecture, modern civilization.
2. Renovation, rebuilding the old apartment must be made according to the principle of socialization, benefit from the project to sequence financial balance and meet the Housing Fund to serve resettlement needs in place, limiting the investment from the budget, ensuring the benefits of home users in , the interests of investors. The State took the overall benefits of a residential community with the mainstream social goals. Make sure to be resettled households are better than the old accommodation both in terms of area, as well as the quality of the living environment. The demolition of housing to make renovations, rebuilding old apartment must comply with the provisions in section 4 of chapter IV of the Housing Law.
3. the local Government should build the roadmap, specific plan of renovation, reconstruction of old residential areas according to the principles of the previous deployment priority for the apartment was badly damaged, the living environment is not guaranteed. Striving for the goal until 2015 to finish the restoration, rebuilding the old apartment was damaged, degraded or out dated term used in municipalities across the country.
4. The work to renovate, rebuild the old apartment needs to be done synchronously according to the overall project, have planned-logical architecture, has the technical infrastructure, social infrastructure in sync for the whole region need improvement, in line with standard, modern construction standards in order to meet the needs of current urban life and future Lai; avoid fragmented deployment status, small and local travellers; focus on tapping the basement to serve the needs of public services (parking, Trade Center ...).
5. With regard to the old apartment was badly damaged, cracked sink in dangerous levels, the local need to plan an emergency relocation households are living to do demolition, rebuild. These cases are required to implement the demolition, rebuild but not mobilizing the economic sectors involved, the investment committees of the provinces, the central cities need to steer the project authorities and specific plans to make the building of again by the State budget.
6. Promote the role, the responsibility of the local authorities and people in the reconstruction of the old apartment. Make good propaganda, combined with measures to handle the resolute, timely in accordance with the law to ensure the project according to the schedule for the common good of the community, ensure a stable social order.
II. SOLUTIONS And Mechanisms, SPECIFIC POLICY 1. Solutions are attracting investors: a) the province people's Committee, central cities have damaged apartment, down-level (hereinafter referred to as the provincial people's Committee) is responsible for directing the relevant authorities organized the survey, evaluate and publicly list the old apartment needs renovation , rebuilt to attract domestic and foreign investors registered to participate. For projects not yet have investors participate, the provincial people's Committee allowed the choice of the investor. If the project contains two or more investors from the register shall make the choice of the investor according to the method of bidding. The choice of the investor of the project conducted under the principle of preference for experienced investors, has the financial capacity and have arranged temporary homeless, most reasonable relocation;
b) provincial people's Committee is responsible for directing the review of projects to renovate, rebuild the damaged old apartment, degradation was delivered to the owner but not deploy or slow deployment according to the prescribed schedule, particularly the need to attach importance to review the capacity of the owner of the experience financial capability and the ability to arrange resettlement, transient. If the investor does not meet the requirements, they must replace immediately the new owner has sufficient capacity to undertake the investment. The former owner will be reimbursed reasonable expenses. Encourage foreign investors who have the capability and experience to participate in investment projects to renovate, rebuild the damaged old apartment, degradation;
c) allows the owner of the project was the decision to choose consultants, contractors or construction design, construction (if there is enough capacity in accordance with the law on construction) for the categories of works, works in the scope of the project to be built with investment capital of the investor (for projects -works to be built with investment budget must then perform bidding);
d) provincial peoples Committee allowed the promulgation of policies, mechanisms under the authority to encourage economic sectors to join investment in renovating, rebuilding of old apartment in accordance with the law on investment and specific situation of each locality.
2. Solution of the planning-architecture: a) the people's committees of all levels according to the responsible authority held up (or adjust) and approval of construction detailed planning (ratio 1/2,000) for the area has old apartment was damaged, degraded or out dated term used on the range. In the process of establishing (or adjust) the planning of construction details to get the opinion of the Organization, the individual concerned and after the approval is widely published, openly within its administrative boundaries to administration of organizations and individuals in the planning area to know , check out and follow the provisions of the law on construction;
b) in the process of establishing (or adjust), approval of construction detailed planning, the provincial people's Committee was allowed to review, adjust the target planning (including building density, coefficient of land use, population size, floor height) for the public improvement projects, rebuilding the old apartment to ensure financial balance ability economic effectiveness, social, of each project and in accordance with the specific conditions of each locality;
c) When renovate, rebuild the old apartment, the priority must spend a certain area to serve the needs of the public; focus on diversifying the design of the flat area to meet the needs of each type of object. The minimum area of apartments intended to compensate for households were resettled to ensure conformity with the standard minimum area of social housing under the Housing Act (an area of each apartment of 30 m2 lower floor). The minimum area of the apartment business to ensure consistent with the standard minimum area of commercial housing (an area of each apartment 45 m2 lower floor).
3. Solution of land: a) the provincial people's Committee review, allows the investor of the project is to transfer the purpose of using a portion of the land area in the project to serve the needs of business, services in order to ensure the effectiveness of the financial of each project on the basis of ensuring conformity with the detailed planning of building due to the competent bodies for approval;

b) Investor project is free to use the land, the land lease for the entire land was delivered (or rent) to project implementation (including part of the area is allowed to transfer the land use purpose within the scope of the project under the scheme was approved by the competent authorities).
4. financial solutions: a) depending on the specific conditions of each locality, the provincial people's Committee consideration, decided to allow the owner of the project was a national loan capital (maximum does not exceed 70% of the value of equipment and construction projects) from the Investment Fund development or housing development fund of local (if any); the decision to support capital investment to build the technical infrastructure works outside the scope of the project and a number of infrastructure works in the scope of the project;
b) investor of the project was the tax, corporate income tax is 10% in 15 years, since the start of operations, are tax free in 10 years, since the taxable income and the tax reduction of 50% in 10 years; for an area of housing relocation service in place must not value added tax;
c) organizations, households, individuals are resettled in place not to file charges before the contacts when the certificate of house property right;
d) for those cases there is no resettlement needs in place, if the owners that sell old apartment in its ownership for investors to move to other accommodation shall be exempt from the taxes related to the purchase and sale of apartments as well as personal income tax (if any);
DD) project owner business allowed under the provisions of the law with regard to the area of the apartment is left in an area of the business, the service works within the scope of the project (if any) after the completion of resettlement.
5. The solution on compensation, temporary residential layout and resettlement: a) the project owner must establish compensation, temporary residential layout, resettlement for those who are in possession, use illegal housing in the old apartment the competent authority consideration, approval before implementing the dismantling old apartment;
b) compensation, temporary residential layout, resettlement was done through a form of payment by cash or by housing within the project (after the restoration, reconstruction) or by housing in other locations;
c) where the owner of the apartment there is no resettlement needs in place after the project completion, then sold his apartment for the owner according to the price agreed upon before the demolition of the old tenement;
d) who are old condo rental in State owned (bought by Decree No. 60/CP dated 11 July 1994 from the Government), if there is demand for new apartments is settled in apartment purchase price by the provincial people's Committee rules; If demand continuing to rent, the rent new apartments by price to rent social housing by the provincial people's Committee issued;
DD) The self built-in case, building on land encroachment in the area the project was not about land compensation (unless a certificate has been granted ownership of the housing and land use in accordance with the law), only the first purchase of apartments in the project scope by price (on request) and is supported by the equivalent 10% of new construction works to implement the demolition, moving;
e) works the existing social infrastructure (kindergartens, schools, medical stations, ...) in the old apartment, if the dismantlement, the project owner has the responsibility to compensate the owner with money or new works with an area equivalent to the former area had recovered before demolition;
g) allow project owner applied a number of mechanisms for the following:-additional support area or to compensate more by money to organizations, households, individuals in the resettlement area (including the case had owned or rented housing) to achieve rapid liberation side by , speeding up the project on the basis of ensuring efficient investment;
-The cases are low floor to move up the top floor was reviewed, more support (or compensated by money) depending on the specific conditions of each project;
-In addition to the compensation, including section has an area of increased support (if any), the redundant of resettlement apartments (if any) to be paid by price trading;
-Resettlement case are crowded household, needs separate households, the person needs to apply early to the project owner to the owner of the project and is responsible for resolving priority for sale or for rent more apartments in the same project that the business rates;
-Households having a floor area (ground floor) in the old apartment to move up to higher floors after project completion shall be priority 1 rental unit, business works within the scope of the project (if any) with the time limit and under the rental agreement.
6. the following investment projects management: a) the project owner has the responsibility to manage and operate the condo after reconstruction, according to the regulations of use condominium by Ministry of construction issued;
b) technical infrastructure works investment by budget (if any) are transferred to the specialized management unit of locality;
c) social infrastructure works not business purpose (if any) are delivered to the specialized agency or mined, operate according to the principle of socialization;
d) depending on the specific conditions of each project, allowing the investor to be arranged, the extraction part condominium area (after the restoration, rebuild) to serve the needs of business, services in order to offset the cost of management use, reduce the expenses that people have to contribute when put into operation condo , operation.
III. IMPLEMENTATION 1. The responsibility of the Ministry of a) the Ministry of construction:-urgently research, issued planning construction standards, which require specific provisions regarding indicators the work to renovate, rebuild the old apartment to apply uniformly throughout the country;
-Guidelines on the method of evaluation of quality standards in an old apartment house dismantlement to renovate, rebuild;
-Tracking, urge, general inspection and reporting the Prime periodically on the implementation of this resolution. If there are obstacles to timely steer opinion of the Prime Minister.
b): planning and investment, resources and the environment, financial institutions, issued by the authority or the authority issued revised, additional mechanisms, the policy involves renovating, rebuilding the damaged old apartment, down to the level matching guarantee according to the provisions of this resolution to apply uniformly throughout the country.
2. the people's committees of provinces and cities under central, where the old apartment in an have to renovate, rebuild is responsible pursuant to the provisions of this resolution to enact mechanisms, specific policies on rebuilding old apartment in line with local conditions; construction of the route, the program and plan to renovate, rebuild the damaged old apartment, degradation on local geographical scope until 2010 and the following years; timely reflect the difficulties and problems, the results of reports periodically send the Ministry of construction to General reported the Prime Minister.
As for the apartment was badly damaged or serious degradation, need to take measures to move the right households currently living to make dismantling, rebuilding to ensure safety of life and property of the people.
3. Effective enforcement of

This resolution have effect after 15 days from the date The report.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this resolution.