Joint Circular No. 20/2013/TTLT-BXD-BNV guiding certain contents of Government Decree No. 11/2013/NĐ-CP dated January 14, 2013 on management of investment for urban development.

JOINT CIRCULAR

Guidelines for certain contents of Decree No. 11/2013/NĐ-CP dated January 14, 2013, of the Government on urban development investment management

The Minister of Construction and the Minister of Home Affairs issue this Joint Circular to provide guidelines for certain contents of Decree No. 11/2013/NĐ-CP dated January 14, 2013, of the Government on urban development investment management.

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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. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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

This Circular provides guidance on: urban development areas, Urban Development Area Management Boards, and urban development construction investment projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to management agencies, specialized agencies on construction, organizations, and individuals participating in activities related to urban development investment.

Article 2. Applicability

URBAN DEVELOPMENT AREAS

Chapter II

Article 3. On responsibilities for preparing and reviewing proposals for urban development areas

Clause 1. Responsibilities for preparing proposals for urban development areas within the administrative boundaries of one province or centrally governed city:

Point a. The People's Committee of the province assigns the Department of Construction to organize the preparation of the proposal for the urban development area;

Point b. In cases where the People's Committee of the province has established an Urban Development Area Management Board to manage all urban development areas or some urban development areas and will assign it to manage an additional urban development area to be established, the People's Committee of the province assigns this Board to organize the preparation of the proposal for the urban development area.

Clause 2. Responsibilities for preparing proposals for urban development areas within the administrative boundaries of two provinces or centrally governed cities or more:

Point a. The Ministry of Construction is the leading agency, coordinating with the People's Committees of the provinces or centrally governed cities concerned to organize the preparation of the proposal for the urban development area to be submitted to the Prime Minister for approval according to Article 9 of Decree No. 11/2013/NĐ-CP dated January 14, 2013 (hereinafter referred to as Decree No. 11/2013/NĐ-CP);

Point b. The People's Committees of the provinces or centrally governed cities concerned assign the Department of Construction to lead and coordinate in providing information, preparing plans for implementation of the urban development area within their jurisdiction, and reporting to the Ministry of Construction for consolidation and inclusion in the implementation plan in the proposal for the urban development area to be submitted for approval according to regulations.

Article 4. Time limits for preparing and reviewing proposals for urban development areas

Clause 1. The time limit for preparing the proposal for the urban development area shall not exceed twelve months from the date of assignment to prepare the proposal.

Clause 2. The time limit for reviewing the proposal for the urban development area shall not exceed thirty working days from the date of receipt of a valid proposal for review as stipulated in Article 5 of this Joint Circular.

b) In cases where the urban development area falls under the approval authority of the provincial People's Committee: The Department of Construction shall be the leading agency coordinating with relevant agencies to review and submit for approval by the provincial People's Committee.

Article 4. Time for preparation and review of proposals for urban development areas

1. The time for preparing the proposal for the urban development area shall not exceed twelve months from the date of assigning the organization to prepare the dossier.

2. The time for reviewing the proposal for the urban development area shall not exceed thirty working days from the date of receipt of the valid dossier for review as prescribed in Article 5 of this Joint Circular.

Article 5. Documents for Review of Urban Development Area

1. The documents for review of urban development area include:

a) The proposal documents for urban development area as stipulated in Article 10 of Decree No. 11/2013/NĐ-CP;

b) Legal documents, including: copies of decisions approving general planning for socio-economic development, land use planning, urban development programs, regional construction planning, master plans, detailed planning, and other relevant legal documents concerning the establishment of the urban development area (if applicable).

2. The number of documents for review of urban development area: ten sets.

3. The content of the Petition shall be carried out according to the model prescribed in Appendices 1 and 3 of this Joint Circular; the content of the Decision on Approval shall be carried out according to the model prescribed in the Appendix accompanying Decree No. 11/2013/NĐ-CP.

Article 6. Drawings in the Proposal for Urban Development Area

The drawings in the proposal for urban development area as stipulated in Point b Clause 2 Article 10 of Decree No. 11/2013/NĐ-CP include the following drawings:

1. Location drawing of the urban development area:

a) The location drawing of the urban development area is based on the Spatial Orientation Diagram of the Master Plan (or Special Function Zone Master Plan) approved by the competent authority on the basis of the approved planning map scale. In case this drawing, when printed at the correct scale, exceeds one A0 sheet: it may be reduced to ensure that the drawing does not exceed one A0 sheet when printed;

b) The location drawing of the urban development area must include sufficient contents: proposed distribution of urban development areas (area size, accompanied by color codes indicating the implementation period of each area); proposed location of the urban development area; economic and technical indicators related to the proposed urban development area determined in the detailed planning or master plan (in cases where cities do not need to prepare detailed planning or special function zones).

2. Boundary drawing of the urban development area and phased investment

a) The boundary drawing of the urban development area and phased investment is based on: the overall land use planning map of the detailed planning project or the land use planning map and functional zoning of the master plan project (for cities that do not need to prepare detailed planning and urban development areas with special functions) according to the scale of the approved planning map;

b) The boundary drawing of the urban development area and phased investment must include the following contents: boundary markers defining the limits and scope of the urban development area (with coordinates attached); proposed location and boundaries of projects within the urban development area; phased investment determined according to the implementation plan of the urban development area (indicated by color codes); a summary table of project lists along with the expected area size of each project.

Article 7. Implementation Plan for Urban Development Area

1. The implementation plan for urban development area is part of the proposal for urban development area as stipulated in Point g Clause 2 Article 10 of Decree No. 11/2013/NĐ-CP. The agency assigned by the Provincial People's Committee to organize the preparation of the proposal for urban development area (as stipulated in Clause 1 Article 3 of this Joint Circular) or to coordinate in the preparation of the proposal for urban development area (as stipulated in Point b Clause 2 Article 3 of this Joint Circular) will coordinate with relevant departments to prepare the implementation plan for urban development area to be included in the proposal for urban development area to be submitted for approval as prescribed.

2. The implementation plan for urban development area is prepared based on: the implementation period of the urban planning and urban development program already approved; forecast of housing and urban service needs (linked to the projected population growth rate) and the ability to mobilize resources for investment and construction work.

3. The implementation plan for urban development area must clearly specify phased investment implementation according to five-year stages with a list of projects to be implemented in each phase.

4. The phased investment in the implementation plan for urban development area (with a list of projects being implemented in each phase) must be specifically detailed in the boundary drawing of the urban development area and phased investment as stipulated in Clause 2 Article 6 of this Joint Circular and must be reflected in the Decision on Approval of the Urban Development Area.

Article 8. On the authority to approve urban development areas

The authority to approve urban development areas shall be implemented in accordance with the provisions of Article 9 of Decree No. 11/2013/NĐ-CP.

Article 9. Adjustment of Urban Development Areas

1. Urban development areas must be periodically reviewed, examined, and evaluated regarding the implementation of investment and construction to promptly adjust them in line with economic and social development and forecasts for urban development needs. The periodic review period is five years from the date the urban development area was approved.

2. The Construction Department shall take the lead in periodically reviewing the implementation of urban development areas that have been approved at the local level. The results of the review must be reported in writing to the Provincial People's Committee, the authority with approval power over urban development areas, and the Ministry of Construction.

3. Based on the report of the review results stipulated in Clause 2 of this Article, economic and social development needs, and the emergence of factors affecting urban development processes locally, if deemed necessary, the Provincial People's Committee may assign the Construction Department or the Urban Development Area Management Board (as provided for in Clause 1 of Article 3 of this Joint Circular) to organize the preparation of files proposing adjustments to urban development areas.

4. The Ministry of Construction shall take the lead in coordinating with relevant Provincial People's Committees to periodically review the implementation of urban development areas within the administrative boundaries of two provinces or centrally governed cities and above that have been approved, and report to the Prime Minister to decide on adjustment if necessary.

5. The authority deciding to approve urban development areas in accordance with Article 9 of Decree No. 11/2013/NĐ-CP shall decide to approve proposals for adjusting urban development areas.

6. The file proposing adjustments to urban development areas includes:

a) A request for adjustment of urban development areas (clearly stating the necessity and legal basis for the adjustment);

b) A summary report on the urban development area proposed for adjustment in accordance with Clause 2 of Article 10 of Decree No. 11/2013/NĐ-CP and the drawings specified in Article 6 of this Joint Circular (these documents must clearly show the contents not subject to adjustment and the contents subject to adjustment);

c) A report on the results of reviewing the implementation of urban development areas and related legal documents.

Article 10. Announcement of Urban Development Areas After Adjustment

After the proposal file for adjusting urban development areas has been approved by the competent authority, the announcement of urban development areas after adjustment shall be carried out in accordance with the provisions of Article 12 of Decree No. 11/2013/NĐ-CP.

Article 11. On the Implementation of Land Use Rights Transfer for People (households, individuals) to Build Their Own Housing After Infrastructure Investment:

1. Depending on urban development needs, resource mobilization capacity, and the investor's proposal, the Provincial People's Committee shall specify areas where land use rights can be transferred to people (households, individuals) to build their own housing after infrastructure investment, following the written agreement of the Ministry of Construction as stipulated in Clause 7 of Article 4 of Decree No. 11/2013/NĐ-CP.

2. The areas implementing the transfer of land use rights for people to build their own housing may include: an area comprising multiple projects; a project or part of a project.

3. The consideration of specifying areas for transferring land use rights for people to build their own housing must ensure the following basic principles:

a) Compliance with legal regulations on urban planning (district zoning plans, detailed planning) and architectural management regulations of the area already approved by the competent authority; meeting requirements for economic development, social welfare, and housing needs of the locality;

b) The area implementing the transfer of land use rights must be equipped with essential technical infrastructure works, including service facilities and technical infrastructure works (roads, power supply lines, lighting, telecommunications, water supply and drainage) according to the approved detailed planning; ensuring connectivity with the common infrastructure system of the area before transferring land use rights for people to build their own housing; ensuring the provision of essential services for residents when they move in;

c) Lots of land for transferring land use rights for people to build their own housing must not be located in the following positions: within the central districts of special-class cities, areas with high architectural landscape requirements, central areas and around architectural landmarks in the city; along major roads at the district level and above and main scenic roads in the city;

d) Households and individuals receiving land use rights to build their own housing must construct houses in accordance with the construction permit, complying with the approved detailed planning and urban design.

4. Procedures for soliciting opinions:

a) Based on considering urban development needs, resource mobilization capacity, and the investor's proposal (if any), the Provincial People's Committee assigns the Construction Department to take the lead in coordinating with relevant management agencies to propose areas for transferring land use rights for people to build their own housing after infrastructure investment (including: an area comprising multiple projects, a project, or parts of the area for urban development investment) and prepare files (in accordance with Clause 5 of this Article) for the Provincial People's Committee to consider and send for the unified opinion of the Ministry of Construction;

b) Within a maximum of thirty working days from the date of receipt of a complete set of files sent for opinion by the Provincial People's Committee, the Ministry of Construction shall have the responsibility to issue a written response;

c) After obtaining the unified opinion of the Ministry of Construction, the Provincial People's Committee issues a decision to specify areas for transferring land use rights for people to build their own housing after infrastructure investment.

c) After reaching a consensus with the Ministry of Construction, the provincial People's Committee shall issue a decision to specify the areas where land use rights can be transferred to individuals for self-construction of housing after infrastructure has been developed.

5. The dossier submitted for comments from the Ministry of Construction includes: A letter requesting comments from the provincial People's Committee (detailing the necessity and legal grounds for implementing the transfer of land use rights for areas with infrastructure development to allow residents to build their own housing) and related documents as follows:

a) For cases proposing zones (including multiple projects), the related documents include:

Detailed documentation and scaled-down drawings of the general planning scheme (for cases where detailed zoning plans are not required) or relevant detailed zoning plans, Management regulations according to the planning scheme, Urban planning and architectural management regulations of the area approved by competent authorities (with accompanying approval documents); Location and boundary diagram of the proposed zone for transferring land use rights (displayed on the urban development zone proposal drawing as stipulated in Clause 2, Article 6 of this Joint Circular); Decision approving the urban development zone by the competent authority. (All of the above documents must be copies stamped with confirmation seals from the requesting agency).

b) For urban development investment projects approved under Decree No. 11/2013/NĐ-CP, the related documents include:

Summary project documentation; Detailed planning scheme drawings of the project (accompanied by urban design), Management regulations according to the approved planning scheme, Urban planning and architectural management regulations of the area approved by competent authorities (with accompanying approval documents); decisions approving urban development zones related to the project. (All of the above documents must be copies stamped with confirmation seals from the investor).

c) For new urban area projects or housing development projects approved for investment before the effective date of Decree No. 11/2013/NĐ-CP, the related documents include:

Summary project documentation; Detailed planning scheme drawings of the project at a scale of 1/500 (accompanied by urban design), Management regulations according to the planning scheme (with accompanying approval documents); project approval decisions, investment approval decisions. (All of the above documents must be copies stamped with confirmation seals from the investor).

6. Proposals regarding zones (including multiple projects), projects, or parts of projects expected to implement the transfer of land use rights for areas with infrastructure development to allow residents to build their own housing may be integrated into the content of the urban development zone proposal dossier or the investment project approval proposal dossier for the Ministry of Construction to provide comments during the review process or to reach a consensus.

7. Responsibilities for supervising and inspecting the implementation of transferring land use rights for areas with infrastructure development to allow residents to build their own housing: Local state management agencies responsible for construction and natural resources environment, Urban Development Zone Management Board (if any), and the Project Investor have the responsibility to supervise and inspect to ensure that residents' housing construction complies with the approved detailed planning and urban design of the project and relevant legal provisions.

Article 12. Position and functions of the Management Board for Urban Development Zone

The position and functions of the Management Board for Urban Development Zone shall be implemented in accordance with Clause 1 of Article 13 of Decree No. 11/2013/NĐ-CP.

Article 13. Tasks and powers of the Management Board for Urban Development Zone

1. To take the lead and coordinate with relevant agencies to develop five-year plans and annual plans for urban development zones, including proposing project lists, types of capital sources, and implementation schedules for urban development investment projects within the urban development zone, submitting them to the provincial People's Committee for approval and organizing their implementation.

2. To organize investment promotion activities within the urban development zone; to study and propose preferential policies and special mechanisms applicable to construction investment activities within the urban development zone.

3. To prepare files for proposing urban development zones for review if assigned by the provincial People's Committee.

4. To develop plans for selecting investors for urban development investment projects, submit them to the provincial People's Committee for decision; to guide and support investors during the investment preparation and implementation process.

5. To manage or perform the role of investor for projects within the urban development zone using state budget funds as assigned by the provincial People's Committee.

6. To monitor the implementation of urban development investment projects to ensure compliance with planning, schedules, and approved project contents; to compile, propose, and coordinate with competent agencies to handle issues arising during the investment process.

7. To take the lead and coordinate with functional agencies, service providers, and investors to ensure synchronized connection and management of technical infrastructure systems, connecting technical infrastructure between projects from the construction phase until completion and handover to urban authorities.

8. To establish a database system, provide information on urban development zones; to compile and report to the provincial People's Committee, Construction Department, and Ministry of Construction every six months, annually, or at any time about the implementation of assigned urban development projects and plans.

9. To perform other tasks and powers related to investment and construction management, urban development within the urban development zone as assigned or delegated by the provincial People's Committee in accordance with the law.

Article 14. Organizational structure and operation of the Management Board for Urban Development Zone

1. Organizational structure of the Management Board for Urban Development Zone:

a) The Management Board for Urban Development Zone consists of a Director and not more than three Deputy Directors. In special cases, there must be a consensus from the competent authority.

b) The Management Board for Urban Development Zone has specialized and professional departments. Depending on the scale and nature of the urban development zone to be managed, additional area management departments may be added but must ensure practicality and effectiveness.

2. The Director and Deputy Directors are appointed and relieved of duty by the Chairman of the provincial People's Committee based on the proposal of the Construction Department Director, reviewed by the Civil Service Department according to the province's classification and in accordance with the law.

3. The Director decides on the recruitment, appointment, and removal of staff members of the Management Board for Urban Development Zone according to the classification and in accordance with the laws governing the management, recruitment, and use of civil servants and employees in public institutions.

4. The qualifications for the position of Director of the Management Board for Urban Development Zone, in addition to general requirements stipulated by law, must also include: graduation from a bachelor's degree or higher in one of the following majors: architecture, planning, urban studies, construction, technical infrastructure, economics (fields related to construction and urban infrastructure); having at least five years of experience in managing investment and construction, urban development.

5. The operating expenses of the Management Board for Urban Development Zone are guaranteed partly from the state budget, partly from the management costs of assigned projects, and partly from service revenue and other income sources as prescribed by law.

6. The Management Board for Urban Development Zone operates under a self-management mechanism, bearing responsibility for its tasks, organizational structure, personnel management, and finance in accordance with the law.

7. The Management Board for Urban Development Zone operates in accordance with the operational regulations issued by the Chairman of the provincial People's Committee.

Article 15. On the establishment and dissolution of the Urban Development Zone Management Board

1. Urban development zones must have an Urban Development Zone Management Board comprising:

a) Urban development zones in cities with general planning schemes under the approval authority of the Prime Minister, including: general plans for centrally-administered municipalities, general plans for provincial cities classified as type I, general plans for new urban areas with forecasted population equivalent to type III cities or higher, new urban areas with planning scope involving administrative boundaries of two or more centrally-administered municipalities, and other general plans under the approval authority of the Prime Minister;

b) New urban development zones; urban conservation zones; urban redevelopment zones; and special function zones as stipulated in Clauses 2, 5, 6, and 7 of Article 2 of Decree No. 11/2013/NĐ-CP.

2. For urban development zones specified in Clause 1 of this Article, the Urban Development Zone Management Board may be newly established or reorganized from existing Project Investment Construction Management Boards, Urban Development Management Boards, Infrastructure Development Management Boards, and New Urban Area Management Boards directly under the People's Committee of the province on the local territory, but must ensure streamlined and efficient organizational structures.

3. For remaining urban development zones, the Chairman of the People's Committee of the province may decide to establish an Urban Development Zone Management Board based on local urban development needs, following the provisions of Clause 2 of this Article.

4. The procedures for establishing and dissolving the Urban Development Zone Management Board shall be carried out in accordance with Decree No. 55/2012/NĐ-CP dated June 28, 2012, of the Government on the establishment, restructuring, and dissolution of public service units.

5. The Department of Construction is the agency responsible for proposing the establishment, restructuring, and dissolution of the Urban Development Zone Management Board in accordance with Clause 2 of Article 13 of Decree No. 11/2013/NĐ-CP.

Article 16. Coordination Mechanism between the Urban Development Zone Management Board and the Department of Construction, specialized departments, and administrative state management agencies at the local level

1. The Urban Development Zone Management Board is subject to the professional guidance of the Department of Construction and specialized departments at the local level; it is responsible for regularly and ad hoc reporting to the Department of Construction on the implementation status of the urban development zone and the progress of assigned investment projects; and regularly and ad hoc reporting to specialized departments on activities within their respective areas of state management.

2. The Department of Construction and specialized departments are responsible for directing, guiding, inspecting, and supervising the activities of the Urban Development Zone Management Board within their respective areas of state management according to the law.

3. The Urban Development Zone Management Board and the People's Committees of districts and communes within the urban development zone shall coordinate according to the mechanism between provincial-level subordinate agencies and local administrative state management agencies in fields such as land compensation, clearance, and resettlement; implementation of construction investment projects; management and handover of urban infrastructure works; administrative management and public security within the urban development zone.

4. The Chairman of the People's Committee of the province shall issue a coordination mechanism between the Urban Development Zone Management Board and specialized departments and the People's Committees of districts and communes during the implementation of the urban development zone.

Article 17. Responsibilities for managing urban development areas within the administrative boundaries of two or more centrally governed cities or provinces

1. After the Prime Minister's decision to approve the Urban Development Area, the People's Committees of the centrally governed cities or provinces concerned shall decide to establish the Urban Development Area Management Board or entrust the previously established Urban Development Area Management Board to manage the urban development area within the administrative boundaries assigned to them.

2. The Urban Development Area Management Boards of each centrally governed city or province concerned shall be responsible for coordinating with each other during the investment and construction management process to ensure connectivity, progress, quality, and effectiveness of investment work in the assigned management areas.

3. The Urban Development Area Management Boards of urban development areas located within the administrative boundaries of two or more centrally governed cities or provinces shall be responsible for regularly reporting and making ad hoc reports to the Urban Development Area Coordination Board, provincial People's Committees, and Construction Departments on the situation of urban development investment within their assigned management areas and issues arising during the implementation of investment and construction or infrastructure technical connection to find solutions to address and resolve them.

Article 18. Urban Development Area Coordination Board

1. The Ministry of Construction shall take the lead and coordinate with the People's Committees of relevant centrally governed cities and provinces to establish the Urban Development Area Coordination Board in accordance with Point d Clause 2 Article 13 of Decree No. 11/2013/NĐ-CP. The Urban Development Area Coordination Board shall be established by the Minister of Construction, comprising representatives from the Ministry of Construction, People's Committees of centrally governed cities and provinces, and some related ministries and sectors. The Department of Urban Development under the Ministry of Construction shall serve as the permanent agency assisting the Urban Development Area Coordination Board. Members of the Coordination Board and supporting units shall all work on a part-time basis.

2. The Coordination Board shall have the function of directing and supporting the Urban Development Area Management Boards of localities in synchronizing the implementation of urban development areas within the administrative boundaries of two or more centrally governed cities or provinces; coordinating with the provincial People's Committees concerned to examine and handle issues arising during the implementation of urban development areas within their jurisdiction or report to the Prime Minister for examination and decision.

Article 19. Responsibilities for managing urban development areas without establishing an Urban Development Area Management Board

1. For urban development areas without an Urban Development Area Management Board, the Construction Departments shall be responsible for managing, supervising, and directing the implementation of plans for urban development areas approved by competent authorities and other tasks of the Urban Development Area Management Board as stipulated in Article 14 of this Circular.

2. For urban development areas that are economic zones (as provided for in Clause 7 Article 2 of Decree No. 11/2013/NĐ-CP), the establishment of Management Boards shall be carried out in accordance with laws on economic zones.

Chapter III

INVESTMENT AND CONSTRUCTION PROJECTS FOR URBAN AREAS

Article 20. Selection of Project Investors

The selection of project investors shall be carried out in accordance with Article 20 of Decree No. 11/2013/NĐ-CP. After being selected, the investor shall be responsible for preparing the investment approval proposal dossier to submit to the Provincial People's Committee for consideration and decision on investment approval or to the competent authority for investment approval.

Article 21. Authority to Approve Investment Projects

Depending on the scale, location, and nature of the project, the authority to approve investment for each type of project is stipulated in Articles 21, 22, 23, 24, and 25 of Decree No. 11/2013/NĐ-CP.

Article 22. On the Investment Approval Proposal Dossier

1. The investment approval proposal dossier shall be implemented in accordance with Article 26 of Decree No. 11/2013/NĐ-CP. The documents in the dossier and accompanying legal documents specified in Clauses 2, 3, and 4 of Article 26 of Decree No. 11/2013/NĐ-CP must be copies stamped with the confirmation seal of the project investor.

2. In cases where the project investor requests investment approval for the project according to phases of the project investment, the project investor shall prepare the investment approval proposal dossier according to the phases of the project investment to submit to the competent authority for consideration and approval of investment.

Considering and approving projects according to investment phases must ensure that the implementation of the project complies with the detailed planning of the project and the development plan of the urban area already approved, ensuring the synchronous connection between the components of the project and the surrounding urban infrastructure system, ensuring the architectural landscape in accordance with the approved urban design.

3. The investment approval proposal dossier for each phase of the project must be implemented in accordance with the provisions of Article 26 of Decree No. 11/2013/NĐ-CP. The contents of the investment approval decision for each phase of the project investment by the competent authority must fully reflect the contents prescribed in Article 30 of Decree No. 11/2013/NĐ-CP.

Article 23. Examination of the Investment Approval Proposal Dossier

1. The time limit and procedure for examining the investment approval proposal dossier and deciding on investment approval are stipulated in Article 27 of Decree No. 11/2013/NĐ-CP.

2. For urban development investment projects within the authority to approve investment of the Provincial People's Committee: The Department of Construction is the leading agency, coordinating with relevant departments (Urban Planning and Architecture, Natural Resources and Environment, Planning and Investment, Finance, Transport, Home Affairs, Agriculture and Rural Development, Culture, Sports and Tourism, Urban Development Management Board...) and related administrative management agencies to examine the investment approval proposal dossier.

3. For urban development investment projects within the authority to approve investment of the Prime Minister: The Ministry of Construction is the leading agency, coordinating with relevant ministries and provincial people's committees to examine the investment approval proposal dossier in accordance with Clause 1 of Articles 21 and 22 of Decree No. 11/2013/NĐ-CP.

4. The content of the report requesting investment approval shall be implemented according to the forms at Appendices 4 and 5; the content of the investment approval decision shall be implemented according to the form at Appendix 6 of this Joint Circular.

Article 24. On Seeking the Consensus Opinion of the Ministry of Construction

1. The Ministry of Construction shall provide a consensus opinion in writing for the provincial People's Committee to decide on investment approval for projects specified in Clause 2, Article 21 and 22; Clause 1, Article 23 of Decree No. 11/2013/NĐ-CP.

2. The dossier submitted to seek the consensus opinion of the Ministry of Construction includes:

a) A request letter from the provincial People's Committee requesting the Ministry of Construction to provide an opinion;

b) The project dossier as stipulated in Article 32 of Decree No. 11/2013/NĐ-CP (excluding: the basic design dossier of the project, the resettlement and land clearance project component dossier, urban design and model of the implementation area of the project);

c) Legal documents attached (photocopies with the stamp of confirmation from the investor): decision approving the urban development area and implementation plan of the urban development area; detailed planning dossier of the project accompanied by the approval decision; dossier proving the investor’s financial capacity, experience in investment and management suitable for implementing the project.

3. For cases where adjustments to projects within the scope prescribed in Clause 3, Article 33 of Decree No. 11/2013/NĐ-CP require the opinion of the Ministry of Construction, the adjusted project dossier submitted for opinion includes:

a) A request letter from the investor requesting the Ministry of Construction to provide an opinion;

b) An explanation of the adjusted project including contents related to coordination between the investor and local authorities as stipulated in Clause 1 and 5, Article 32 of Decree No. 11/2013/NĐ-CP;

c) Legal documents attached (photocopies with the stamp of confirmation from the investor) including: documents related to the basis for adjustment, detailed planning dossier of the project (or adjusted detailed planning dossier – if applicable) accompanied by the approval decision; dossier proving the investor’s financial capacity, experience in investment and management suitable for implementing the project.

Chapter IV

GUIDELINES FOR HANDLING TRANSITION

Article 25. Review and Categorize Housing Development Projects and New Urban Areas that Have Been Approved for Investment

1. The provincial People's Committee assigns the Department of Construction to organize a review and assessment of the current status of implementation and categorization of housing development projects and new urban areas that have been approved for investment before the effective date of Decree No. 11/2013/NĐ-CP; clarify the situation of real estate inventory in the locality to report to the provincial People's Committee.

2. Based on the results of the review, assessment of the current status of implementation, categorization of housing development projects and new urban areas, data on real estate inventory, forecasts of housing and urban service demand according to market requirements, housing development strategy and plan, and the ability to mobilize resources for construction investment work, the provincial People's Committee decides whether to stop, temporarily suspend, or continue the implementation of the projects mentioned in Clause 1 of this Article.

3. The classification of projects to propose and consider decisions to stop, temporarily suspend, or allow continued implementation must be based on fundamental principles for each group as follows:

a) Group of projects to continue implementation: projects whose products meet market housing needs; comply with district planning (or overall urban planning - in cases where district planning does not need to be established) and the approved housing development program and plan; investors have the capacity to ensure completion of the project according to the approved schedule and quality;

b) Group of projects requiring adjustment for continued implementation: projects that have basically completed land clearance work, projects that have started investment but require adjustment to comply with urban planning and the approved housing development program and plan, or require adjustment of product type and supply time to align with market housing demand forecasts;

c) Group of projects to temporarily suspend: projects that have basically completed land clearance work but have housing products similar to those currently overstocked in the market and cannot be adjusted; projects that have not yet completed land clearance work or the cleared land area ratio is low (less than 30%); projects where the investor lacks the capacity to implement the project;

d) Group of projects to stop: projects unable to clear land, projects with functions not in line with approved urban planning; projects that must be handled according to the law on land and real estate due to delayed progress.

4. Based on the decision regarding stopping, temporarily suspending, or continuing the implementation of projects, the provincial People's Committee directs the Department of Construction to guide investors to implement appropriate transition handling measures for each project in accordance with Articles 49, 50, and 51 of Decree No. 11/2013/NĐ-CP.

Article 26. Transitional Measures for Urban Development Investment Projects Permitted to Continue Implementation

1. For housing development projects and new urban area projects implementing adjustments to apartment structures and conversion of commercial housing to social housing or service facilities according to Resolution 02/NQ-CP dated January 7, 2013 of the Government on certain solutions to address difficulties in production and business operations, support markets, and resolve bad debts: the project adjustment shall be carried out in accordance with the provisions of Circular No. 02/2013/TT-BXD dated March 18, 2013 of the Ministry of Construction.

2. For housing development projects that have been approved for investment in accordance with Decree No. 71/2010/NĐ-CP of the Government and new urban area projects that have been permitted to invest in accordance with Decree No. 02/2006/NĐ-CP of the Government before Decree No. 11/2013/NĐ-CP takes effect, they will not need to re-perform the procedures for approval of investment under Decree No. 11/2013/NĐ-CP. During implementation, if there is a need to adjust the project, the adjustment will be carried out in accordance with the provisions of Article 51 of Decree No. 11/2013/NĐ-CP and construction laws.

3. For new urban area projects that have been permitted to invest in accordance with Decree No. 02/2006/NĐ-CP of the Government before Decree No. 11/2013/NĐ-CP takes effect and have had their project management regulations approved, they will continue to implement the contents stipulated in the approved regulations.

4. For new urban area projects and housing development projects that have been approved by competent authorities for investment proposals prior to the effective date of Decree No. 11/2013/NĐ-CP but have not yet received investment approval or permission to invest: from the date Decree No. 11/2013/NĐ-CP takes effect, to ensure progress in investment preparation work while awaiting approval of relevant urban development areas by competent authorities, the provincial People's Committee will direct the updating of these projects into the list of projects for planned urban development areas, and allow investors to continue submitting investment proposal documents to seek investment approval in accordance with the provisions of Decree No. 11/2013/NĐ-CP.

Article 27. On the Urban Development Program

1. For cities without an approved Urban Development Program (as stipulated in Clause 1, Article 4 of Decree No. 11/2013/NĐ-CP), the provincial People's Committee will base on the overall socio-economic planning, provincial regional planning, approved city master plans, housing development programs, actual development needs forecasts, and investment capital mobilization capacity to direct specialized agencies managing state construction affairs to prepare a layout diagram of urban development areas along with implementation deadlines as the basis for preparing a proposal dossier for urban development areas to submit to the competent authority for approval in accordance with regulations.

2. The establishment, review, and approval of the Urban Development Program will be carried out in accordance with the circular guiding the Ministry of Construction.

Article 28. Guidance on Costs for Preparing and Reviewing Proposals for Urban Development Areas and Fees for Reviewing Investment Approval Proposal Dossiers

1. Costs for preparing and reviewing proposals for urban development areas will be implemented in accordance with the circular guiding the Ministry of Construction.

2. Fees for reviewing investment approval proposal dossiers will be implemented in accordance with the circular guiding the Ministry of Finance on the collection, payment, and management of fees for reviewing investment construction projects.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Responsibility for Implementation

1. Provincial People's Committees directly under the central government are responsible for directing, guiding, and inspecting the implementation of the provisions of this joint circular; establishing new or restructuring existing management boards to form Urban Development Area Management Boards and reporting in writing to the Ministry of Construction and the Ministry of Home Affairs.

2. In the course of implementation, if there are any difficulties, related agencies, organizations, and individuals are requested to reflect them to the Ministry of Construction for it to take the lead and coordinate with the Ministry of Home Affairs to examine and resolve them.

Article 30. Effective Date

1. This circular takes effect from January 5, 2014.

2. This circular replaces Circular No. 04/2006/TT-BXD dated August 18, 2006 of the Ministry of Construction guiding the implementation of the new urban area regulations issued pursuant to Decree No. 02/2006/NĐ-CP dated January 5, 2006 of the Government./.