Circular No. 03/2023/TT-BXD amends and supplements Article 3 of Circular No. 09/2021/TT-BXD dated August 16, 2021, issued by the Minister of Construction guiding the implementation of certain provisions of Decree No. 100/2015/NĐ-CP dated October 20, 2015, of the Government on social housing development and management and Decree No. 49/2021/NĐ-CP dated April 1, 2021, of the Government amending and supplementing certain provisions of Decree No. 100/2015/NĐ-CP dated October 20, 2015, on social housing development and management.

CIRCULAR

AMENDING AND COMPLEMENTING ARTICLE 3 OF CIRCULAR NO. 09/2021/TT-BXD DATED AUGUST 16, 2021 ISSUED BY THE MINISTER OF CONSTRUCTION GUIDING IMPLEMENTATION OF CERTAIN CONTENTS OF DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING AND DECREE NO. 49/2021/NĐ-CP DATED APRIL 1, 2021 OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING

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BASED ON THE BIDDING LAW ENACTED ON NOVEMBER 26, 2013;

BASED ON THE HOUSING LAW ENACTED ON NOVEMBER 25, 2014;

BASED ON THE INVESTMENT LAW ENACTED ON JUNE 17, 2020;

BASED ON THE URBAN PLANNING LAW ENACTED ON JUNE 17, 2009;

BASED ON THE CONSTRUCTION LAW ENACTED ON JUNE 18, 2014 AND THE AMENDMENT TO CERTAIN PROVISIONS OF THE CONSTRUCTION LAW ENACTED ON JUNE 17, 2020;

BASED ON DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING AND DECREE NO. 49/2021/NĐ-CP DATED APRIL 1, 2021 OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING;

BASED ON DECREE NO. 25/2020/NĐ-CP DATED FEBRUARY 28, 2020 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE BIDDING LAW REGARDING SELECTION OF INVESTORS;

BASED ON DECREE NO. 31/2021/NĐ-CP DATED MARCH 26, 2021 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION AND GUIDANCE FOR IMPLEMENTATION OF THE INVESTMENT LAW;

BASED ON DECREE NO. 52/2022/NĐ-CP DATED AUGUST 8, 2022 OF THE GOVERNMENT PROVIDING FUNCTIONALITY, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION;

AT THE RECOMMENDATION OF THE DIRECTOR OF THE DEPARTMENT OF HOUSING MANAGEMENT AND REAL ESTATE MARKET,

THE MINISTER OF CONSTRUCTION ISSUES THIS CIRCULAR AMENDING AND COMPLEMENTING ARTICLE 3 OF CIRCULAR NO. 09/2021/TT-BXD DATED AUGUST 16, 2021 GUIDING IMPLEMENTATION OF CERTAIN CONTENTS OF DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING AND DECREE NO. 49/2021/NĐ-CP DATED APRIL 1, 2021 OF THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 100/2015/NĐ-CP DATED OCTOBER 20, 2015 ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING.             

Article 1. Amending and supplementing Point d of Clause 1 of Article 3.

“d. Having detailed construction planning that has been approved by the competent authority in accordance with the provisions of law.”

In cases where there is no approved detailed construction plan, it must be within an area that has been approved for district planning if such planning is required, or within an area that has been approved for overall planning if such district planning is not required. At the same time, the land intended for implementation of housing projects must be approved by the competent authority for a detailed construction plan based on national technical standards for construction planning, infrastructure conditions, and social infrastructure to specify land use planning indicators and related requirements concerning connections with social infrastructure and technical infrastructure.”

         Article 2. Responsibility for Implementation

          Ministries, ministerial-level agencies, central agencies under the Government, other central agencies, People's Committees at all levels, and organizations and individuals related to this Circular shall be responsible for its implementation. In case of difficulties or obstacles during implementation, these entities are advised to report to the Ministry of Construction for guidance.

          Article 3. Implementation Provisions

1. This Circular takes effect from     month     year 2023.

          2. During the implementation period, in cases where legal regulatory documents cited in this Circular are amended, supplemented or replaced, they shall be implemented according to those amended, supplemented or replaced legal regulatory documents./.