Decree No. 11/2013/NĐ-CP on Urban Development Investment Management

 

DECREE

On urban development investment management

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003; Law No. 38/2009/QH12 of 2009 on amending and supplementing certain articles of laws related to basic construction investment dated June 19, 2009;

Pursuant to the Law on Real Estate Business dated June 29, 2006;

Pursuant to the Urban Planning Law dated June 17, 2009;

At the proposal of the Minister of Construction;

The Government promulgates the Decree on urban development investment management,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decree regulates activities related to urban development investment including: Urban planning; formation and announcement of plans for implementation of urban development areas; implementation of urban development investment projects, operation, exploitation, and transfer of such projects.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Decree applies to organizations and individuals, both domestic and foreign, participating in activities related to urban development investment.

Article 2. Interpretation of Terms

In this Decree, some terms are understood as follows:

1. Urban development area is an area designated for urban development investment during a specific period. An urban development area may include: New urban development area, expanded urban development area, urban renovation area, urban conservation area, urban redevelopment area, and specialized function area.

An urban development area may consist of one or more urban functional zones. It may be within the administrative boundaries of one or more provinces or cities. An urban development area may include one or more urban development investment projects.

2. New urban development area is an area planned to form a new city in the future according to approved urban planning, with new synchronous urban infrastructure investment.

3. Expanded urban development area is an urban development area that includes both existing urban areas and new urban areas connected by synchronous urban infrastructure.

4. Urban renovation area is an urban development area invested in to improve the quality of existing urban areas without fundamentally changing the urban structure.

5. Urban conservation area is an urban development area aimed at preserving and enhancing cultural and historical values of the city.

6. Urban redevelopment area is an urban development area newly constructed on the site of demolished old structures according to approved urban planning.

7. Specialized function area is an urban development area aimed at forming specialized urban functions such as economic zones, tourism and resort areas, university campuses...

8. Urban development investment project is an investment project to construct a building or a complex of buildings in an urban development area decided and announced by competent authorities.

Urban development investment projects include urban construction investment projects and urban construction investment projects within the city.

9. Urban construction investment project is an investment project to construct buildings (which may include: housing, technical infrastructure, public works...) on a land plot allocated within an urban development area according to approved planning.

Urban construction investment projects include the following types:

a) New urban construction investment project is an investment project to construct a new urban area on land converted from other types of land to urban construction land.

b) Urban redevelopment investment project is a project to construct new architectural and technical infrastructure on the site of demolished existing structures according to approved urban planning.

c) Urban renovation and beautification investment project is a project to renovate and upgrade the exterior or structure of buildings in existing urban areas without changing more than 10% of land usage indicators of the area.

d) Urban conservation and enhancement investment project is a project aimed at preserving and enhancing cultural, historical, and architectural values of structures and landscapes in urban cultural heritage areas.

đ) Mixed-use urban construction investment project is an investment project to construct an urban area that may include new construction, renovation and beautification, redevelopment, and conservation and enhancement.

10. Urban construction investment project within the city is an investment project to construct new buildings; or to expand, renovate and beautify architectural and technical infrastructure.

11. Investor is an organization or individual owning capital or a person entrusted with managing and using capital to implement urban development investment projects.

12. Primary investor is an investor assigned by the State to implement urban development investment projects, primary investors may be:

a) State management agencies with relevant functions;

b) Urban development area management boards; investment and construction management boards assigned by competent state agencies;

c) Enterprises of all economic sectors, cooperatives;

d) Political and social occupational organizations meeting legal requirements.

13. Secondary investor is a second-level investor or subsequent-level investors participating in urban development investment projects through leasing, transferring, or receiving transfer of land use rights with existing infrastructure within urban development investment projects to construct buildings.

14. Urban services are public services provided in cities such as: Management, operation, maintenance of technical infrastructure systems; sanitation and environmental protection; park and greenery management; urban lighting, water supply, drainage; apartment building management; funeral services, waste treatment; public transportation; security and order maintenance in urban development areas; healthcare, education, commerce, entertainment, sports, and other public services.

Article 3. Principles for Urban Development Investment

1. Ensure compliance with the overall socio-economic development planning of the locality and the country, adhere to construction planning, urban planning, implementation plans for urban development areas, laws on investment construction, and related laws.

2. Ensure synchronous development of technical infrastructure, social infrastructure, architectural landscapes within the city, linked with national defense and security.

3. Ensure the efficient and effective exploitation and utilization of resources; protect the environment and respond to climate change and natural disasters with the goal of sustainable development.

4. Create a good living environment for urban residents; ensure community interests harmonize with those of the State and investors.

5. Preserve and promote the national cultural identity; conserve and enhance existing cultural and historical relics.

Article 4. Land for Urban Development Investment

1. The Provincial People's Committee assigns the Department of Construction to be the lead agency in developing the provincial urban development program and for each individual city to submit to the Provincial People's Committee for approval.

2. The Provincial People's Committee, based on urban planning, urban development programs, implementation plans for urban development areas, land use plans that have been approved by competent authorities, shall be responsible for directing the organization to create land funds for urban development projects in announced urban development areas.

3. The Provincial People's Committee and the District People's Committee, according to their respective levels, shall be responsible for implementing or guiding the project sponsors to implement compensation, support, and resettlement when reclaiming land in accordance with the provisions of the law on land.

4. Allocation of land and leasing of land for urban development investment shall be carried out based on the results of selecting investors through methods such as designation, bidding, allocation of land for social housing construction, or auction as stipulated by law.

5. Recovery of all or part of the allocated or leased land for urban development projects that are not implemented or delayed shall be carried out in accordance with the provisions of the law on land.

6. Land designated for social housing and resettlement housing must be determined immediately when establishing and approving the detailed planning scheme.

Article 5. Capital for Urban Development Investment

1. Capital for urban development areas includes: state budget capital, official development assistance (ODA) capital, and capital from other economic sectors.

2. The Provincial People's Committee may utilize existing investment funds (including: local development investment fund, land development fund, infrastructure development fund, housing development fund...) to create funding sources for urban development areas.

Article 6. Encouragement, Support, and Incentives for Urban Development Investment Projects

1. The State has policies to encourage, support, and provide incentives for urban development investment projects meeting one or more of the following criteria:

a) Investment in key technical infrastructure and social infrastructure serving public interest without the ability to recover costs and not included in the list of projects that sponsors are required to invest in;

b) Investment in social housing, resettlement housing, and renovation and reconstruction of residential areas and old apartment buildings as prescribed by law;

c) Investment in rental housing;

d) Investment in projects applying new technologies that are environmentally friendly.

2. The State has supportive policies including:

a) Timely announcement and free provision of information about planning and implementation plans for urban development areas;

b) Support for investment in projects enhancing public service capacity in the area.

3. Other incentives as prescribed by law.

Chapter II
URBAN DEVELOPMENT AREAS

Article 7. Requirements for the establishment, review, and approval of urban planning

1. The establishment, review, and approval of construction planning and urban planning shall be carried out in accordance with the provisions of the Construction Law, the Urban Planning Law, and related guiding documents.

2. For urban areas expected to expand their boundaries or urban development zones with projected populations equivalent to those of Class I cities or higher, the People's Committee of the province must submit tasks and master plans for review by the Ministry of Construction before submitting them to the Prime Minister for approval.

3. Within thirty days from the date of approval of the master plan, the People's Committee of the province shall direct the implementation of detailed area planning for approval according to regulations.

4. For detailed area plans with populations equivalent to Class IV cities or higher in special-class cities, Class I cities, and urban areas determined in approved master plans equivalent to Class I cities, the People's Committee of the province must seek the unified opinion of the Ministry of Construction prior to the competent authority approving the plan.

5. The maximum time limit for the Ministry of Construction to consider and provide opinions on detailed area plans as stipulated in Clause 4 of this Article is not to exceed fifteen working days from the date of receipt of the letter requesting comments and the dossier of the detailed area plan.

Article 8. Responsibility for preparing proposals for urban development areas

Based on the overall socio-economic development plan, regional construction planning, master urban planning, detailed area planning, and urban development programs, the People's Committee of the province is responsible for organizing the preparation of proposals for urban development areas to be submitted to the Prime Minister for decision or to decide on urban development areas within its jurisdiction as prescribed in Article 9 of this Decree.

Article 9. Authority to Decide on Urban Development Areas

1. The Prime Minister decides on urban development areas as follows after obtaining the review opinion of the Ministry of Construction on the contents specified in Clause 3 of this Article:

a) Urban development areas in cities with master plans under the Prime Minister’s approval authority;

b) Urban development areas within the administrative boundaries of two provinces or more;

c) Urban development areas aimed at forming new cities with populations equivalent to Class IV cities or higher according to approved planning;

d) Urban development areas of significant importance for national security and defense.

2. The People's Committee of the province decides on the remaining urban development areas.

3. Contents of the review of proposals for urban development areas:

a) Consistency with the overall socio-economic development plan, the orientation of the national urban system master plan, other planning and development strategies linked to national defense and security;

b) Consistency with approved master plans, detailed area plans, and urban development programs;

c) Feasibility of the implementation plan for urban development areas.

4. The number of proposal dossiers for urban development areas sent to the Ministry of Construction for review is ten sets.

5. The maximum time limit for reviewing proposal dossiers does not exceed thirty working days.

6. The content of the draft Decision approving urban development areas shall be implemented according to the model attached to this Decree.

Article 10. Content of the proposal for the urban development area

1. Memorandum.

2. Summary report on the proposed urban development area including:

a) Name of the urban development area;

b) Location and boundaries of the urban development area (with illustrative diagrams);

c) Description of the current status of the urban development area;

d) Explanation of the basis for forming the urban development area;

đ) Nature/main functions of the area;

e) Introduction to the main contents of the approved general urban planning;

g) Implementation plan for the urban development area;

h) Expected implementation period;

j) Preliminary budget estimate and expected sources of investment for urban development;

k) Proposal for management form or establishment of the Urban Development Area Management Board as stipulated in Article 13 of this Decree. Establishing a new board or using an existing Urban Development Area Management Board to manage each urban development area,

Article 11. Contents of the implementation plan for the urban development area

1. Determining the list of projects within the urban development area based on the detailed planning for cities of type IV and above, the general planning for cities of type V and areas with specialized functions.

2. Determining the order of investment construction, progress schedule for urban development investment projects, ensuring that key infrastructure technical framework projects and some essential social infrastructure projects of the area are implemented before other component projects.

3. Resettlement plan.

4. Capital plan, funding mobilization model.

5. Organization and implementation according to various funding mobilization models.

Article 12. Announcement of the urban development area and implementation plan

1. Within thirty days from the date of decision approving the urban development area, the provincial People's Committee shall be responsible for organizing the announcement of the urban development area and implementation plan; providing information and creating conditions for investors to participate in urban development projects.

2. The public announcement of the urban development area and implementation plan shall be conducted through mass media and other appropriate methods in accordance with specific local conditions.

3. The content of the announcement includes the main contents of the Decision approving the urban development area and the Implementation Plan for the urban development area so that investors can know, choose, and decide on investing in projects.

Article 13. Urban Development Area Management Board

1. Position and functions of the Urban Development Area Management Board:

a) Depending on local conditions, the Chairman of the provincial People's Committee decides to establish the Urban Development Area Management Board in accordance with the provisions of Clause 2 of this Article. The Urban Development Area Management Board is a subordinate unit under the provincial People's Committee, having legal personality, its own seal, subject to the guidance and management of organizational structure and activities by the provincial People's Committee, and professional guidance and direction by the Construction Department and relevant specialized departments at the local level;

b) The Urban Development Area Management Board has the function of assisting the provincial People's Committee in implementing certain tasks of urban development investment management in the urban development area, including: Managing and supervising the urban development investment process according to planning and plans; ensuring synchronous connection and management of the infrastructure technical framework system, connecting technical infrastructure between projects during the construction phase; directly managing projects funded by state budget assigned by the provincial People's Committee; performing other tasks related to urban development area implementation assigned by the provincial People's Committee.

2. Cases of establishing and dissolving the Urban Development Area Management Board:

a) Urban development areas that must have an Urban Development Area Management Board include: Urban development areas in cities with general planning schemes approved by the Prime Minister; urban development areas specified in Clauses 2, 5, 6, and 7 of Article 2 of this Decree;

b) Except for urban development areas that must have an Urban Development Area Management Board as stipulated in Point a of Clause 2 of this Article, for the remaining urban development areas, the Chairman of the provincial People's Committee decides on establishing or not establishing an Urban Development Area Management Board based on the urban development needs at the local level;

c) Depending on urban development needs, the scale, importance of the urban development area, and the economic and social development conditions of the locality, a province may establish one or more Urban Development Area Management Boards; an Urban Development Area Management Board may also be assigned to manage one or more urban development areas;

d) For urban development areas spanning two provinces or more, the Ministry of Construction will coordinate with the People's Committees of the involved provinces to establish an Urban Development Area Coordination Board to direct and support the Urban Development Area Management Boards of the localities in synchronizing the urban development investment process;

đ) The Chairman of the provincial People's Committee decides to dissolve the Urban Development Area Management Board after it has completed the assigned tasks in accordance with the law, or those tasks have been transferred to another Urban Development Area Management Board.

3. Tasks and powers of the Urban Development Area Management Board:

a) Taking the lead and coordinating with relevant agencies to develop five-year and annual plans to implement the urban development area, submitting them to the provincial People's Committee for approval and organizing their implementation;

b) Organizing investment promotion activities in the urban development area; researching and proposing preferential policies and special mechanisms applicable to construction investment activities in the urban development area;

c) Preparing plans to select project sponsors for urban development investment projects, submitting them to the provincial People's Committee for decision; guiding and supporting sponsors during the investment preparation and implementation phases of urban development investment projects;

d) Organizing management or performing the role of sponsor for projects within the urban development area using state budget funds assigned by the provincial People's Committee;

d) Monitor and supervise the implementation of urban development investment projects to ensure compliance with planning, plans, and schedules as approved; compile, propose, and coordinate with relevant authorities to handle issues arising during the implementation process.

e) Lead and coordinate with functional agencies, service providers, investors to ensure synchronous connection and management of the technical infrastructure framework system from the investment construction phase until completion and handover to urban authorities.

g) Establish a database system, provide information on urban development areas; compile and report to the provincial People's Committee and the Ministry of Construction every six months, annually, or at any time about the implementation of investment projects and the implementation of urban development area plans under their management.

h) Perform other tasks and powers related to investment and construction management within the urban development area assigned by the provincial People's Committee or delegated according to the law.

4. The operating costs of the Urban Development Project Management Board shall be covered partly from the budget, partly from the management fees of assigned projects, and partly from service revenue as stipulated by law.

Chapter III
URBAN DEVELOPMENT INVESTMENT PROJECT

Section 1
URBAN CONSTRUCTION DEVELOPMENT PROJECT

Article 14. Detailed Planning of the Project

1. The preparation, review, and approval of detailed planning for urban construction development projects shall be carried out in accordance with laws on urban planning.

2. Any adjustment to the detailed planning of the project must comply with laws on urban planning and must ensure that it does not exceed the capacity of the urban infrastructure system determined in the approved urban planning scheme, nor adversely affect the urban landscape or reduce the quality of life for residents in the area.

3. The preparation and adjustment of detailed planning schemes for urban development projects must determine the space for common technical infrastructure facilities to arrange power lines, tanks, trenches, and technical conduits.

Article 15. Management of Implementation of Investment and Construction

The preparation, review, approval, and management of implementation of urban construction development projects shall be carried out in accordance with laws on construction, this Decree, and related laws.

Article 16. Conditions for Being a Project Investor

1. For state agency investors:

a) Possess functions suitable for implementing the project;

b) Propose a reasonable project that aligns with the planning and implementation plan for the urban development area.

2. For business entity investors:

a) Have business registration in accordance with the Enterprise Law suitable for implementing the project and meet the conditions stipulated by the Law on Real Estate Business (if the project involves commercial products);

b) Own capital not less than 15% of the total investment amount for projects using land under 20 hectares, and not less than 20% of the total investment amount for projects using land of 20 hectares or more for urban construction development projects;

c) Own capital not less than 20% of the total investment amount for other projects.

The capital owned by the investor as specified in Points b and c above must be actual capital of the investor as reflected in the investor’s financial statements for the year immediately preceding the year of urban development investment project implementation and must be confirmed by independent audit. In cases where newly established enterprises or cooperatives must have a confirmation letter from the competent authority as prescribed by law.

d) Propose a reasonable project that aligns with the planning and implementation plan for the urban development area;

đ) Have a management staff and workforce with adequate professional skills, experience, and commitment to implement the project in accordance with the approved content and schedule.

3. For political, political-social, and occupational organizations as investors:

a) Possess functions suitable for implementing the project;

b) Propose a reasonable project that aligns with the planning and implementation plan for the urban development area;

c) Only implement the project within the land use area allocated by the competent state authority for management and use to serve activities according to their assigned functions and tasks.

Article 17. Obligations of the primary investor

1. Establish detailed planning schemes (if the project area does not yet have an approved detailed planning scheme), urban design, and construction investment projects for urban areas to submit to the competent authority for approval and implement in accordance with the approved detailed planning scheme.

2. Implement investments in construction works in compliance with the approved detailed planning scheme and project schedule.

3. Invest in constructing systems of technical infrastructure and social infrastructure to ensure synchronization with the surrounding infrastructure system, in compliance with the approved project implementation schedule.

4. Ensure temporary connection between technical infrastructure within the project area and the external technical infrastructure system when the external technical infrastructure system has not been invested in accordance with the approved planning scheme.

5. Fulfill the requirements of the provincial People's Committee regarding contributions to build regional infrastructure and transfer land areas already equipped with infrastructure to create a fund for building social housing in accordance with the laws on housing.

6. Organize the provision of services for housing management, technical infrastructure systems, and other urban services within the scope of the project during the period before handover.

7. Manage and operate and ensure the quality of works that have not been transferred or have not yet been transferred to local authorities.

8. Supervise the implementation of investment and construction activities of secondary investors (if any) in compliance with the approved detailed planning scheme and project schedule.

9. Guide procedures and coordinate with secondary investors (if any) to carry out procedures for transferring land with technical infrastructure or other products of the project in accordance with the provisions of the law.

10. Other obligations as prescribed by law.

Article 18. Obligations of secondary investors

Secondary investors are responsible for fulfilling the obligations stipulated in Clauses 1 to 8 of Article 17 of this Decree.

2. Secondary investors must be subject to the management of the primary investor during the investment and construction process, ensuring compliance with the approved detailed planning scheme, implementing investment and construction in accordance with the provisions of the contract signed between both parties, the laws on construction, and related laws.

3. Other obligations as prescribed by law.

Article 19. Change of Investor

1. Changing the investor is the act of the investor transferring the entire urban development project to another investor.

2. The change of investor must ensure the principle of not changing the project objectives, ensuring the rights of customers and related parties, complying with the regulations of the laws on managing projects using state budget funds (if applicable), laws on investment, laws on real estate business, and related laws.

3. The change of the primary investor must be approved in writing by the competent state agency. The agency authorized to select or assign the investor to implement the project is the agency authorized to approve the change of investor. The investor is responsible for submitting the application report and relevant legal documents (five sets) regarding the change of investor to the competent state agency. The time for the state agency to consider and respond shall not exceed thirty days from the date of receipt of the dossier from the investor.

4. The new investor must ensure that they meet all conditions as prescribed in Article 16 of this Decree.

1. The selection of the investor shall be carried out through the form of land auction, project tendering, or direct designation according to the provisions of laws on land, housing, and related laws. The People's Committee of the province shall issue a decision on selecting the investor based on the results of the tendering or auction, or the decision to assign the investor in cases of direct designation.

2. For projects using state budget capital, the person authorized to decide on investment is the person authorized to decide on selecting the investor.

3. After being selected, the investor of the project shall be responsible for preparing the investment approval proposal dossier in accordance with Article 26 of this Decree, submitting it to the People's Committee of the province for the People's Committee of the province to consider and decide on investment approval, or submit it to the authorized authority to decide on investment approval for implementing the project in accordance with Articles 21, 22, 23, 24, and 25 of this Decree.

4. The investment approval decision of the authorized agency is the legal basis for the investor to submit the project to the authorized agency for review, approval, and implementation.

1. The Prime Minister decides on investment approval after receiving the review opinion of the Ministry of Construction in the following cases:

a) Projects with land use scale of 100 hectares or more;

b) Projects within the administrative boundaries of two provinces or more, or areas of significant importance to national security and defense.

2. The People's Committee of the province decides on investment approval for projects with land use scale from 20 hectares to less than 100 hectares after receiving a written agreement from the Ministry of Construction.

3. The People's Committee of the province decides on investment approval for the remaining projects.

1. The Prime Minister decides on investment approval after receiving the review opinion of the Ministry of Construction for projects with land use scale of 50 hectares or more and projects located in areas of significant importance to national security and defense.

2. The People's Committee of the province decides on investment approval after receiving a written agreement from the Ministry of Construction for projects with land use scale from 10 hectares to 50 hectares; projects in restricted development areas or historical downtowns (determined in general planning schemes) of special-class cities; projects within the protection zones of heritage sites recognized as national or special national heritage by the authorized authority.

3. The People's Committee of the province decides on investment approval for the remaining projects.

1. The People's Committee of the province decides on investment approval after receiving a written agreement from the Ministry of Construction in the following cases:

a) Projects in areas of significant importance to national security and defense, national-level or special national-level heritage sites recognized by the authorized authority in cities;

b) Projects in restricted development areas or historical downtowns (determined in general planning schemes) of special-class cities.

2. The People's Committee of the province decides on investment approval for the remaining projects.

The People's Committee of the province shall issue a decision to approve investment for such projects without regard to scale, in accordance with laws on construction, this Decree, and related laws.

1. Such projects shall be implemented according to regulations applicable to urban redevelopment projects if within the project boundary there is:

a) An area for redevelopment with a land use scale of 10 hectares or more;

b) An area for redevelopment located in: areas of significant importance for national defense and security; restricted development zones or historical downtowns (as determined in general planning schemes) of special-class cities, cities with recognized national-level or special national-level heritage sites.

2. Such projects shall be implemented according to regulations applicable to new urban development projects for the remaining projects.

3. Implement additional regulations applicable to conservation and restoration projects as stipulated in Article 40 of this Decree if within the project boundary there are cultural heritage sites identified by competent authorities.

The proposal documents for investment approval of a project include:

1. A request for investment approval to implement the project.

2. A decision approving the result of investor selection or a decision appointing the project owner or a document confirming the right to use land for cases where the project owner is the land user implementing the project.

3. Project documents as specified in Article 32 (excluding: a scaled-down model of the implementation area as specified in Clause 3 of Article 32).

4. Legal documents attached: decisions approving the urban development zone and implementation plans for the urban development zone; detailed planning documents; documents proving the financial capacity and relevant experience of the project owner in investment and management suitable for implementing the project, and other related legal documents.

1. For projects under the investment approval authority of the provincial People's Committee that do not require the unified opinion of the Ministry of Construction, the provincial People's Committee shall organize the review and issue an investment approval decision within a maximum of 45 working days from the date of receiving ten complete sets of documents from the investor as stipulated in Article 26 of this Decree.

2. For projects under the investment approval authority of the provincial People's Committee that require the unified opinion of the Ministry of Construction: Within seven days from the date of receiving sixteen complete sets of documents as stipulated in Article 26 of this Decree, the provincial People's Committee shall send a document seeking opinions along with one set of documents to the Ministry of Construction. Within a maximum of fifteen working days from the date of receipt of the request for opinions, the Ministry of Construction shall provide a response document to the provincial People's Committee in accordance with the provisions of Article 28 of this Decree. If necessary, the Ministry of Construction shall seek the opinions of relevant ministries and agencies, and for projects in this case, the time limit for reviewing and responding in writing by the Ministry of Construction shall not exceed thirty working days from the date of receipt of the request for opinions. The time limit for the provincial People's Committee to issue a decision is fifteen working days from the date of receipt of the response document from the Ministry of Construction.

3. For projects under the decision-making authority of the Prime Minister, the provincial People's Committee shall submit ten sets of proposal documents for investment approval to the Ministry of Construction for review. The Ministry of Construction shall be responsible for accepting and checking the documents and sending them to relevant ministries and agencies for opinions within seven days from the date of receiving complete sets of documents as stipulated in Article 26 of this Decree. Within a maximum of fifteen working days from the date of receipt of the request for opinions, relevant ministries and agencies shall provide their responses. Within a maximum of twenty working days from the date of receipt of responses from relevant ministries and agencies, the Ministry of Construction shall prepare a review document to submit to the Prime Minister in accordance with the provisions of Article 29 of this Decree. The Prime Minister shall issue a decision assigning the project owner to implement the project within a maximum of thirty working days from the date of receipt of the review document from the Ministry of Construction.

1. Compliance with urban planning, urban development programs, urban development areas, and approved urban development implementation plans; compliance with relevant legal provisions.

2. Factors ensuring the feasibility and effectiveness of the project, including: necessity of investment; project implementation schedule; economic and social benefits of the project linked to national defense and security.

1. Factors ensuring the project's compliance with urban planning, urban development programs, urban development areas, and approved urban development implementation plans, compliance with population size limits in the project implementation area, and compliance with relevant legal provisions.

2. Factors ensuring the feasibility of the project, including: land use needs, resources (if applicable); factors affecting the project such as national defense, security, and environment.

3. Factors ensuring the effectiveness of the project, including: necessity of investment; project implementation schedule; economic and social benefits of the project.

The Investment Approval Decision includes the following main contents:

1. Project name and investor name;

2. Location, boundaries, total land area occupied by the project;

3. Project objectives;

4. Investment form;

5. Preliminary project content (work, products...);

6. Estimated total investment amount;

7. Sources of investment capital;

8. Expected time and schedule for implementation; phased investment (if applicable);

9. Land transfer methods, land lease, or transfer of land use rights (if applicable);

10. Land reserved for social housing construction, rental housing, or financial contribution (if applicable);

11. Infrastructure works transferred to the State;

12. Regulations for related parties in construction management, operation, business, and infrastructure transfer;

13. State support and preferential decisions for the project according to regulations;

14. Obligations of the investor towards the state and localities;

15. Administrative management units expected for the project; regulations on administrative coordination, administrative transfer, security, and public services between the investor and relevant local authorities during project implementation until completion.

Article 31. Basis for preparing projects

1. General planning, district planning, and detailed planning.

2. Implementation plan for urban development areas.

3. Decision approving the results of investor selection or decision appointing the investor, or legal document confirming land use rights for cases where the investor is the land user implementing the project.

4. Relevant legal documents.

Article 32. Project Documentation

1. Detailed project description with the following main contents:

a) The necessity and legal basis of the project;

b) Investment form and investor;

c) Scale, area, boundary, and current conditions of the land;

d) Land clearance plan, resettlement plan, and vocational training and job placement support for workers in the area requiring land clearance;

đ) Number and proportion of housing types, apartments, product sales plans; solutions and plans for organizing public utility and urban service provision;

e) Economic and technical investment justification, business recovery plans; total investment amount; economic and social investment effectiveness; clearly stating land transfer, land use right transfer, land lease, or using land funds to build infrastructure to determine sources of funding for investment and business stages;

g) Justification of the investor's financial, investment, and management capabilities suitable for implementing the project;

h) Implementation method:

- Project management form;

- Staged investment, implementation schedule, and organizational measures.

2. Basic design documentation of the project.

3. Urban design documentation and small-scale model of the project implementation area.

4. Component project documentation serving resettlement and land clearance (if applicable).

5. Coordination contents between the investor and local authorities regarding the following tasks:

a) Construction of technical infrastructure outside the fence and state-owned technical infrastructure passing through the project area;

b) Construction of administrative office buildings and social infrastructure (if applicable);

c) Non-compensatory infrastructure handover items (if applicable) and handover schedule;

d) Responsibility for providing public utilities and other urban services;

đ) Determination of obligations, responsibilities, and relationships between the project investor and related subjects in the above coordination contents;

e) Proposals for project support and incentives;

g) Proposals for administrative management, new administrative units, and administrative management transfer plans to local authorities (if applicable).

1. In cases where the project investor proposes to change or supplement one of the following contents: objectives, scale, land use function, product structure, they must submit a report along with five sets of project adjustment files to the competent authority for investment approval to be considered and approved.

2. The competent authority for approving the project will have the authority to review and issue a document responding to the proposals to change or supplement the project contents specified in Clause 1 of this Article. The maximum time limit for reviewing and issuing a document is thirty working days from the date of receipt of the project file.

3. For projects within the scope of soliciting opinions or appraising by the Ministry of Construction, before submitting to the competent authority for consideration and approval, the project investor must send three sets of project files to the Ministry of Construction to solicit opinions. The time limit for the Ministry of Construction to review and respond does not exceed fifteen working days from the date of receipt of the project file from the project investor. In cases where the Ministry of Construction needs to seek opinions from related ministries and sectors, the total time for reviewing and responding shall not exceed thirty working days from the date of receipt of the project file from the project investor.

4. The adjustment, appraisal, and approval of projects after adjustment shall be carried out in accordance with the provisions of laws on construction and related laws.

Article 34. Project Implementation Schedule

1. The organization and implementation of projects must ensure the project schedule and the overall development schedule of the urban area.

2. In cases where the project investor proposes to adjust the project implementation schedule leading to delays in putting the project into operation and use, the project investor must submit a written explanation and obtain written approval from the provincial People's Committee. The time limit for the provincial People's Committee to review and respond does not exceed thirty working days from the date of receipt of the proposal and explanation from the project investor.

3. Handling violations of project schedules shall be carried out in accordance with the provisions of laws on construction, land, and related laws.

Article 35. Investment in Social Infrastructure Systems

1. The project investor must construct social infrastructure works synchronously, according to a schedule consistent with housing works, ensuring service quality to meet the needs of residents.

2. In cases where local authorities directly invest in social infrastructure works in urban areas using state budget funds, the entity assigned by the State to act as the project investor must implement the construction of these works according to the approved project schedule and ensure consistency in the overall project as a secondary investor.

3. In cases where local authorities cannot allocate state budget funds to construct these works according to the initial project plan, the project investor is responsible for implementing the investment and construction of these works through appropriate forms (such as BT, BOO...).

Article 36. Completion and Transfer for Operation

1. Procedures for completing works:

a) The acceptance of completed works is carried out in accordance with the provisions of laws on construction project quality management;

b) The archiving of work files is carried out in accordance with the provisions of laws on archives, construction, and related laws.

2. The project investor must complete procedures to be recognized as having the right to use land and ownership rights over the completed works put into operation and use, in accordance with the provisions of the law.

3. Transfer and operation of technical infrastructure and social infrastructure works:

a) For completed technical infrastructure and social infrastructure works, the project investor may operate them or transfer them to the receiving party for management and operation according to the initial project objectives.

The project investor is responsible for the quality of the works and must provide warranty for transferred works in accordance with the law. For used works, before transferring, a quality assessment and necessary maintenance work must be completed.

b) For technical infrastructure and social infrastructure works that are not transferred or not yet transferred, the project investor has the responsibility to manage and ensure operational quality.

c) The receiving party has the responsibility to manage and operate the works according to their intended functions, and to maintain the works in accordance with the provisions of laws on construction.

For works where the receiving party has been identified in the project content, the receiving party has the right and obligation to participate in managing the quality and accepting the works throughout the construction process until completion and handover for use.

d) The transfer procedures are carried out in accordance with the provisions of the law, accompanied by completion files and investment settlement documents for the works.

4. For works requiring administrative management transfer to local authorities, the project investor must prepare and implement the administrative management transfer to local authorities in accordance with Article 38 of this Decree. While it is not possible to transfer the entire project, the project investor must cooperate with the local administrative management unit to handle administrative procedures for residents moving in.

Article 37. Urban Services

1. The project investor shall be responsible for organizing the exploitation and provision of urban services to ensure the needs of residents living in accordance with the project's objectives until the transfer to the authorities or professional service management organizations.

2. Local authorities shall be responsible for preparing necessary conditions and directing the implementation of the transfer of management and operation of urban services to professional service management organizations.

Article 38. Administrative Management Transfer

1. Based on the investment, construction, and business progress of the project, the investor shall coordinate with local authorities to develop plans for administrative management transfer within the project implementation area, submit them to competent authorities for approval so that relevant parties can implement them, including:

a) The coordination of administrative management between the investor and the administrative management unit during the pre-transfer phase shall be determined in the Investment Approval Decision;

b) Transfer of administrative management upon completion of construction works and their commissioning and use as prescribed;

c) Transfer of administrative management when the entire project is completed.

2. The Department of Home Affairs shall lead together with the People's Committee at the district level to direct the administrative management transfer according to the investor's proposal and the approved plan. The procedures and formalities for administrative management transfer shall be carried out in accordance with laws on the organization and operation of local authorities.

3. The transfer period shall not exceed three months from the date the investor concludes the project and fulfills other obligations as stipulated by law.

4. The administrative management unit must announce its place of work and organizational structure suitable for the scale of transferred management to ensure the rights of residents.

Article 39. Mobilization of Capital and Business of Project Products

1. The investor may mobilize capital in accordance with the law to implement the project in accordance with the approved content and schedule.

2. Project products include: infrastructure land, housing (detached houses, attached houses, apartment units), infrastructure works, and other works.

3. The business of project products must comply with the provisions of this Decree, laws on real estate business, laws on housing, and related laws.

Section 2
INVESTMENT AND CONSTRUCTION PROJECTS IN URBAN AREAS

Article 40. Management and Implementation of Investment and Construction Projects in Urban Areas

1. Investment and construction projects in urban areas shall be implemented in accordance with laws on construction, this Decree, and related laws.

2. For special cities: for projects investing in construction works in restricted development zones or historical downtowns (determined in the general planning scheme), before the competent authority approves the project, the provincial People's Committee must obtain written agreement from the Ministry of Construction regarding the contents specified in Clause 3 of this Article.

3. Contents for the Ministry of Construction's Opinion

a) Compliance with urban planning, urban development zones, and implementation plans for urban development zones approved by competent authorities; compliance with related legal provisions;

b) Factors ensuring the feasibility and effectiveness of the project, including: necessity of investment; project objectives and implementation schedules; economic and social benefits of the project.

4. For projects specified in Clause 2 of this Article, within seven days from receiving the investor's letter and fifteen project files (as prescribed by laws on project investment construction management), the provincial People's Committee has the responsibility to send a document seeking opinions (including one set of project files) to the Ministry of Construction. Within a maximum of fifteen working days from receiving the request for opinion letter, the Ministry of Construction shall issue a reply document to the provincial People's Committee according to the contents specified in Clause 3 of this Article. The provincial People's Committee shall have the responsibility to issue an approval document for the investor to implement the project within a maximum of fifteen days from receiving the Ministry of Construction's unified document.

5. For projects preserving and restoring cultural heritage works

a) The implementation of the project absolutely must not change or damage the original cultural, architectural, historical, etc., values of the work;

b) The establishment, review, approval, and implementation of preservation and restoration projects in urban development areas shall be carried out in accordance with laws on cultural heritage, laws on construction, this Decree, and related laws;

c) For projects preserving and restoring works classified as national relics and special national relics, within seven days from receiving the investor's report and ten sets of project files, the provincial People's Committee must obtain written agreement from the Ministry of Construction before the competent authority approves the project. Within a maximum of fifteen working days from receiving the request for opinion letter, the Ministry of Construction shall have the responsibility to provide written comments on the contents specified in Clause 3 of this Article;

d) For projects preserving and restoring works classified as provincial-level relics, the investor must seek opinions from the Departments of Planning and Architecture, Construction, Culture, Sports, and Tourism to present to the competent authority for consideration before approving the project. Within a maximum of fifteen working days from receiving the request for opinion letter and project files, these departments shall have the responsibility to provide written comments.

Chapter IV
RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 41. Ministry of Construction

1. Uniformly manage urban development throughout the country.

2. Develop orientations, strategies, overall plans for the national urban system development, key national programs and projects on urban development, indicators in the field of urban development within the national socio-economic development tasks for each stage, submit to the Prime Minister for approval and organize implementation.

3. Draft, submit to competent authorities for issuance or issue according to its authority mechanisms, policies, regulatory legal documents on managing investment in urban development, policies and solutions for managing the urbanization process, models for urban development management and guide, inspect the organization and implementation thereof.

4. Take the lead, coordinate with relevant ministries, sectors, and localities to monitor urban development processes to ensure compliance with the overall orientation plan for the national urban system, urban planning, and urban development plans approved by competent authorities.

5. Take the lead, coordinate with relevant ministries and sectors to organize the review of master plans within the Prime Minister's approval authority as stipulated in Clause 2, Article 7 of this Decree.

6. Provide a written consensus for provincial People's Committees to approve the detailed master plans as stipulated in Clause 4, Article 7 of this Decree.

7. Take the lead, coordinate with relevant ministries and sectors to organize the review of proposals for urban development areas within the Prime Minister's approval authority as stipulated in Clause 1, Article 9 of this Decree.

10. Organize the establishment and management of a database system, providing information on urban development nationwide.

11. Guide, inspect, investigate, resolve complaints and handle violations in the field of urban development according to its authority.

12. Perform other tasks related to urban development investment management assigned or delegated by the Government or the Prime Minister.

Article 42. Ministry of Planning and Investment

1. Take the lead, coordinate with the Ministry of Construction and the Ministry of Finance to prepare plans for allocating capital for construction of urban development projects funded by central government budget; mobilize ODA funds for programs and projects supporting urban development and upgrading.

2. Take the lead, coordinate with relevant ministries and sectors to guide localities in implementing investment incentives for urban development projects.

Article 43. Ministry of Finance

Take the lead, coordinate with relevant ministries and sectors to draft and guide the implementation of incentives related to financial and tax policies for urban development projects.

Article 44. Ministry of Natural Resources and Environment

1. Inspect, urge, and guide localities in reviewing, adjusting, and supplementing land use planning and preparing land funds for construction of urban development investment projects.

2. Provide specific guidance on the use of land funds for urban development, minimum resettlement quotas, and implementation of land incentives for urban development investment projects.

Article 45. Relevant Ministries and Sectors

1. Establish and manage sectoral plans according to their functions and tasks assigned by the Government as a basis for urban development.

2. Carry out state management functions within their authority over urban development investment projects.

Article 46. Provincial People's Committees

1. Uniformly manage urban development within their jurisdiction; establish an organizational structure with sufficient capacity to meet the requirements of state management in line with actual urban development conditions.

2. Direct the review, evaluation, and determination of urban development areas; develop plans to implement urban development areas; establish Urban Development Area Management Boards; ensure reasonable and effective transitions in the short term and sustainable urban development in the future; call for investment in urban development projects at the local level.

3. Organize the clearance of land according to the provisions of the law; and implement the establishment of organizations managing and developing urban land funds.

4. Establish resettlement housing and temporary housing funds serving the clearance of land for budget-funded projects as well as other source-funded projects.

5. Organize the construction of technical infrastructure outside the project boundaries to ensure coordinated linkage with the urban technical infrastructure system.

6. Direct the acceptance and transfer, and organize administrative management structures when receiving and transferring urban development investment projects.

7. Develop and manage the urban development information system at the local level; implement reports evaluating the situation of urban development at the local level, reporting results every six months to the Ministry of Construction for compilation and reporting to the Prime Minister.

8. Take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction to review, adjust, or supplement land use planning to allocate urban development land funds.

9. Specify detailed mechanisms to encourage and provide incentives to call for economic sectors to participate in urban development investment.

10. Conduct inspections, handle violations within their authority.

Chapter V
TRANSITION MEASURES

Article 47. General Principles

The transition measures for urban development investment management regulations shall be implemented from the date this Decree takes effect and in accordance with the following principles:

1. Re-establish order in urban development work: Invest and construct in accordance with national urban development orientations, approved general and district-level planning, and ensure the coordinated connection of projects within each urban development area.

2. Ensure the implementation of urban development investment projects according to approved urban development area implementation plans, address spontaneous, excessive development causing wastage of land resources and social resources.

3. Limit impacts that affect the progress and effectiveness of projects, rights and legitimate interests of related parties.

Article 48. Transfer Processing of Urban Planning Regulations and Determination of Urban Development Areas

1. In cases where urban areas already have approved general urban planning but lack detailed zoning plans, detailed urban planning designs, urban development programs from the date this Decree takes effect, the provincial People's Committee must direct the establishment of detailed zoning plans, detailed urban planning designs, architectural planning management regulations, and urban development programs for approval in accordance with laws on urban planning, serving as a basis for determining urban development areas and implementing plans as stipulated in Article 8 of this Decree.

2. In cases where urban areas already have approved general urban planning, detailed zoning plans, and urban development programs but lack determination of urban development areas, from the date this Decree takes effect, the provincial People's Committee must direct the determination of urban development areas; approve according to its authority or submit to competent authorities for decision-making as stipulated in Article 9 of this Decree, and establish the Urban Development Area Management Board as stipulated in Article 13 of this Decree.

Article 49. Transfer Processing for Projects Assigned Based on Compliance with Approved General Urban Planning and Detailed Zoning Plans

1. The provincial People's Committee directs the review and supplementation of projects into the list of projects in urban development areas, ensuring that projects are implemented in accordance with urban development area implementation plans and provisions of this Decree.

2. For investment construction projects of urban areas with housing: The provincial People's Committee directs the review and adjustment to ensure that projects comply with the prescribed ratio of land area for social housing under laws on housing and related laws.

Article 50. Transfer Processing for Projects Assigned Before Approval of General Urban Planning and Detailed Zoning Plans

The provincial People's Committee directs the review, classification, and transfer processing for each case as follows:

1. Projects consistent with approved general urban planning and detailed zoning plans: Implement in accordance with the provisions of Article 49 of this Decree.

2. Projects inconsistent with approved general urban planning and detailed zoning plans:

a) In cases where the project has not yet commenced investment construction or has only partially completed infrastructure: The provincial People's Committee directs the review and adjustment of the project to be consistent with general urban planning and detailed zoning plans, and manages the implementation of the project in accordance with this Decree and relevant laws;

b) In cases where the project has completed infrastructure construction: The provincial People's Committee directs the review and inspection of infrastructure connection; adjusts the project to be consistent with general urban planning and detailed zoning plans, and ensures connection with the regional infrastructure system; adjusts the project schedule according to the urban development area implementation plan;

c) In cases where the project has completed infrastructure construction and is currently undertaking construction: The provincial People's Committee directs the review and adjustment of undeveloped areas to be consistent with general urban planning and detailed zoning plans; adjusts the housing structure of the project according to market demand; adjusts the project schedule according to the urban development area implementation plan;

d) In cases where the project has completed rough construction: The provincial People's Committee directs the review and requires the investor to focus on completing social infrastructure and other facilities to put the project into operation and use.

3. For projects in urban areas with general urban planning within the approval authority of the Prime Minister, when adjusting projects as specified in Points a, b, and c Clause 2 of this Article, before submitting to competent authorities for approval, the investor must submit three sets of adjusted project files to the Ministry of Construction for written agreement on the following contents: Consistency with urban planning, urban development areas, and approved urban development area implementation plans; compliance with relevant laws. The time limit for examination and issuance of a written response shall not exceed thirty working days from the date of receipt of the request for comments, adjusted project files, and related legal documents.

4. For investment construction projects of urban areas with housing, they must simultaneously implement the provisions of Clause 2 of Article 49 of this Decree.

For projects within the aforementioned scope that have been approved for investment before this Decree takes effect, in cases where the project must adjust the contents stipulated in Clause 1 of Article 33, the investor must submit three sets of adjustment project files to the Ministry of Construction for written comments on the following matters prior to approval of the adjusted project: compliance with urban planning, urban development areas, and implementation plans for urban development areas already approved by competent authorities; adherence to relevant legal provisions. The maximum time limit for the Ministry of Construction to review and respond is not to exceed fifteen working days from the date of receipt of the request for comments, the adjusted project files, and related legal documents.

Chapter VI
IMPLEMENTING PROVISIONS

Article 52. Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central city, Heads of political organizations, political-social organizations, political-social-professional organizations, and other related organizations and individuals are responsible for implementing this Decree.

Article 53. Effective Date

1. This Decree takes effect from March 1, 2013.

2. This Decree replaces Decree No. 02/2006/NĐ-CP dated January 5, 2006 of the Government.

3. In cases where the Government's regulations on urban development activities issued before the effective date of this Decree differ from the provisions of this Decree, they shall be implemented according to the provisions of this Decree./.