Circular No. 11/2013/TT-BXD on the reporting regime regarding the implementation of investment construction and business activities of real estate projects

CIRCULAR

Regulations on reporting on the implementation of investment construction and business activities of real estate projects

 and real estate projects

____________________

Pursuant to the Law on Housing No. 56/2005/QH11 dated November 29, 2005;

Pursuant to the Law on Real Estate Business No. 63/2006/QH11 dated June 29, 2006;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 153/2007/NĐ-CP dated October 15, 2007 of the Government detailing and guiding the implementation of the Law on Real Estate Business;

Pursuant to Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing;

Pursuant to Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management;

Upon the proposal of the Director of the Department of Housing Management and Real Estate Market,

The Minister of Construction issues this Circular regulating the reporting system on the implementation of investment construction and business activities of real estate projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the implementation of reporting on the implementation of investment construction and business activities of real estate projects.

Article 2. Types of real estate projects required to report under this Circular include: housing development projects; new urban area development projects; mixed-use residential building projects; industrial infrastructure development projects; commercial center, office rental, hotel projects; ecological tourism and resort projects.

Article 2. Applicability

Article 3. Subjects responsible for preparing reports in accordance with this Circular include:

a) Provincial Construction Departments;

b) Investors of real estate projects as stipulated in Clause 2, Article 1 of this Circular, regardless of economic sectors.

Article 4. Organizations and individuals related have the responsibility to provide information and data to the competent authority for consolidation and reporting.

Chapter II

REGULATIONS ON REPORTING SYSTEMS

Article 3. Reports of state management agencies in the field of real estate at local levels

Article 1. Reporting unit: Provincial Construction Departments.

2. Content of the report:

Based on reports from investors of real estate projects and data from relevant agencies, Provincial Construction Departments shall be responsible for consolidating and preparing the following reports:

a) A consolidated report on basic information of real estate projects within their jurisdiction (Form attached in Appendix 1);

b) A consolidated report on the implementation of investment construction of real estate projects within their jurisdiction (Form attached in Appendix 2);

c) A consolidated report on land clearance for real estate projects within their jurisdiction (Form attached in Appendix 3);

d) A consolidated report on real estate business operations at real estate projects within their jurisdiction (Form attached in Appendix 4);

e) A report on real estate transactions and revenue from land and real estate transactions (Form attached in Appendix 5);

In the above consolidated reports, cases where investors violate regulations during project implementation must be clearly recorded for handling within their authority and recommendations made to the provincial People's Committee for appropriate measures in accordance with laws on investment, construction, land, housing, and real estate business.

Article 4. Time limit for submitting reports to the Ministry of Construction:

a) Quarterly (before the last day of the quarter-end month);

b) Annually (before December 31).

Article 5. Method of submitting reports: in writing and electronic file format.

5. Receiving Authority for Reports:

Department of Housing Management and Real Estate Market - Ministry of Construction, No. 37 Le Dai Hanh Street, Hanoi (email: [email protected]).

Article 4. Reports of real estate project investors

Article 1. Reporting units: Investors of real estate projects; Industrial Zone Management Boards; Urban Development Zones Management Boards established by the State.

2. Content of the report:

a) Consolidated report on basic information of real estate projects:

Report on the main contents of the project according to the investment approval document, investment certificate, or decision approving investment by the competent state agency. When there are adjustments or supplements to the project, real estate project investors are responsible for preparing supplementary reports on the adjusted contents.

(Form attached in Appendix 6).

b) Report on the implementation of investment construction of the project:

Report on land clearance situation; investment in construction of technical infrastructure works; construction work investment situation.

(Form attached in Appendix 7).

c) Report on business operations at the project:

- Capital mobilization situation (Form attached in Appendix 8);

- Financial obligation fulfillment situation (Form attached in Appendix 9);

- House sales, rental, land use rights transfer, land rental... situation (Form attached in Appendix 10).

For completed investment construction projects, investors continue to report on business operations until all real estate permitted for business in the project is sold or rented out.

d) Completion report on investment construction of the project: Report on the main contents of the project after completion of investment construction (Form attached in Appendix 11).

Article 3. Time limit for submitting reports to the Provincial Construction Department and the Ministry of Construction:

a) Time limit for submitting consolidated reports on basic information of real estate projects is as follows:

- Within 7 days from the date of investment approval decision or permission to invest, project approval decision by the competent authority, or investment certificate (for foreign-invested projects);

- Within 7 days from the date of adjustment decision if there is any adjustment.

b) Time limit for submitting quarterly and annual reports on the implementation of investment construction and business operations of the project is as follows:

- Quarterly reports (before the 25th of the quarter-end month);

- Annual reports (before December 25).

c) Time limit for submitting completion reports on investment construction is as follows:

- Within 15 days from the date of completion of construction works according to the investment phase or completion of a project component (the investment phase or project component is recorded in the investment approval decision, project approval decision, permission to invest decision, or investment certificate...);

- Within 15 days from the date of completion of the entire construction works of the project.

Article 5. Method of submitting reports: in writing and electronic file format.

5. Receiving Authority for Reports:

- Department of Housing Management and Real Estate Market - Ministry of Construction, No. 37 Le Dai Hanh Street, Hanoi (email: [email protected]);

- Provincial Construction Department where the project is located.

Article 5. Inspection of Implementation and Handling of Violations Regarding Reporting on the Implementation of Real Estate Projects

1. Inspection of Reporting System:

a) The Construction Departments of localities shall be responsible for inspecting the contents of reports submitted by investors of real estate projects within their jurisdictions;

b) The Department of Housing and Real Estate Market shall inspect the reports submitted by the Construction Departments and cooperate with the Construction Departments of localities to inspect the implementation of real estate projects to serve state management work.

2. Handling Violations:

Investors of real estate projects who fail to report, report late, provide inaccurate or incomplete information as prescribed in this Circular shall be handled as follows:

a) First violation: The Construction Department of the locality shall send a reminder letter to the investor;

b) Second violation: Information about the violation shall be publicly disclosed on the Ministry of Construction's website, the People's Committee of the province (city)'s website, the Construction Department of the locality where the real estate project is located, and notified to the investor (if applicable). At the same time, they shall be subject to administrative penalties according to the provisions of the law.

Chapter III

IMPLEMENTATION

Article 6. Transitional provisions

1. For ongoing projects: Within thirty days from the date this Circular takes effect, the project investor must submit the reports as stipulated in Article 4 of this Circular.

2. For completed projects that have been accepted and put into use from January 1, 2013 to the effective date of this Circular: the project investor must implement reporting as prescribed in point d Clause 2 and point c Clause 3 of Article 4 of this Circular.

Article 7. Implementation Organization

1. Responsibilities of the Department of Housing and Real Estate Market - Ministry of Construction:

a) To compile data from reports as prescribed in this Circular and report to the Minister of Construction on the implementation of investment construction and business activities at real estate projects nationwide;

b) To take the lead and coordinate with relevant units under ministries, sectors, and localities to inspect the implementation of real estate projects.

2. Responsibilities of the People's Committees of provinces and centrally governed cities and Construction Departments:

a) The People's Committees of provinces and centrally governed cities shall be responsible for issuing Regulations on coordination mechanisms, specific tasks, and responsibilities of departments and specialized agencies under their jurisdiction (Department of Planning and Investment, Department of Finance, Taxation Service, Department of Natural Resources and Environment, Industrial Zone Management Board, Urban Development Management Board) and People's Committees at the district level in providing data to the Construction Department for compilation and reporting;

b) The Construction Department shall be the central agency for compiling reports and shall also be responsible for guiding and urging investors of real estate projects within their jurisdiction to strictly comply with the reporting requirements set forth in this Circular.

Article 8. Implementation clause

1. This Circular takes effect from October 1, 2013.

2. The entities specified in this Circular shall be responsible for implementing reporting starting from the fourth quarter of 2013.

3. During the implementation process, if there are difficulties or obstacles, please submit comments to the Ministry of Construction for consideration and resolution./.