Joint Circular No. 30/2009/TTLT-BXD-BKH detailing certain points of Government Resolution No. 33/2008/NQ-CP dated December 31, 2008 on implementing pilot procedures for administrative matters in construction investment for new urban area projects, housing projects, and industrial zone technical infrastructure.

JOINT CIRCULAR

Detailed regulations on certain points of Resolution No. 33/2008/NQ-CP dated December 31, 2008 of the Government

concerning the implementation of pilot administrative procedures in construction investment for new urban area projects, housing area projects, and industrial zone technical infrastructure projects

new urban area, housing project, technical infrastructure project of industrial zone

 ____________________________

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Resolution No. 33/2008/NQ-CP dated December 31, 2008 of the Government concerning the implementation of pilot administrative procedures in construction investment for new urban area projects, housing area projects, and industrial zone technical infrastructure projects;

The Ministry of Construction and the Ministry of Planning and Investment hereby provide detailed regulations on certain points of Resolution No. 33/2008/NQ-CP dated December 31, 2008 of the Government concerning the implementation of pilot administrative procedures in construction investment for new urban area projects, housing area projects, and industrial zone technical infrastructure projects as follows:

PART I

PROCEDURES FOR THE PREPARATION, REVIEW, APPROVAL, AND AMENDMENT OF URBAN DEVELOPMENT PLANS AT A SCALE OF 1/2000

Article 1. On the assignment to investors to prepare urban development plans at a scale of 1/2000

1. For areas that do not yet have urban development plans at a scale of 1/2000 but have received written approval from state management agencies regarding the nature, location, and scope of the project, the People's Committee of the province may assign the investor to prepare the plan and submit it for approval according to the regulations.

2. Investors assigned to prepare urban development plans at a scale of 1/2000 must meet the financial capacity conditions specified in Article 5 of 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.

The cost of preparing the urban development plan will be included in the project costs.

3. The document of the state management agency in the field of urban planning assigning tasks, contents, and architectural-planning indicators to the investor shall include: the nature, location, and scope of the land for planning, requirements to ensure the synchronization of technical infrastructure and social infrastructure within the boundary and connection points outside the boundary, requirements for landscape architecture and environmental protection. In cases of new urban areas and housing areas, additional indicators on population size within the planning area are required. The time for providing tasks, contents, and architectural-planning indicators shall not exceed 30 working days from the date of the People's Committee of the province's decision to assign the investor to prepare the urban development plan at a scale of 1/2000.

The agency responsible for reviewing urban development plans at a scale of 1/2000 shall examine and respond to the completeness and legality of the planning dossier within five working days. If the dossier is incomplete or illegal, the reviewing agency must issue a written opinion guiding the investor to supplement and complete the dossier in accordance with the regulations. The supplementation and completion of the planning dossier can only be done once. The time taken by the investor to complete the planning dossier shall not be counted towards the review and approval period.

The main reviewing agency for urban development plans at a scale of 1/2000 shall organize the collection of opinions from relevant state management agencies on the content of the plan. The review and approval period shall not exceed 30 working days.

Article 2. On Soliciting Opinions from Relevant Agencies when Reviewing Detailed Construction Planning at a Scale of 1/500

After thoroughly reviewing the detailed construction planning dossier at a scale of 1/500 submitted by the investor, the leading agency responsible for the review shall organize the solicitation of opinions from relevant state management agencies regarding the content of the planning. The agency asked for its opinion shall be responsible for providing a written response within fifteen working days from the date of receipt of the request document. If the agency fails to respond within the aforementioned period, it will be deemed to have agreed.

Article 3. On Adjustments to Detailed Construction Planning

1. In cases where the detailed construction planning at a scale of 1/500 for a project established by the investor differs from the approved detailed construction planning at a scale of 1/2000 but is consistent with current standards on construction planning and ensures coordination with the technical infrastructure system, social infrastructure, landscape, and environment, the competent authority shall consider and approve such proposals for review and approval of the planning. The time limit for approving the planning shall not exceed fifteen working days.

2. The approval document or decision approving the detailed construction planning at a scale of 1/500 shall be considered as a partial amendment document of the previously approved detailed construction planning at a scale of 1/2000.

Chapter II

INVESTMENT PROCEDURES FOR NEW URBAN ZONE PROJECTS, HOUSING PROJECTS, AND INDUSTRIAL ZONE TECHNICAL INFRASTRUCTURE PROJECTS OF DOMESTIC INVESTORS

Article 4. Investment Registration Procedures for New Urban Zone Projects, Housing Projects, and Industrial Zone Technical Infrastructure Projects of Domestic Investors

Domestic investors with projects to construct new urban zones, housing areas, and industrial zone technical infrastructure, regardless of the actual investment capital, shall follow the investment registration procedures stipulated in Clause 2 and Clause 3 of Article 43 of Decree No. 108/2006/NĐ-CP dated September 22, 2006, guiding the implementation of certain provisions of the Investment Law, and according to the model prescribed in Appendix I-11 of Decision No. 1088/2006/QĐ-BKH dated October 19, 2006, issued by the Ministry of Planning and Investment on the issuance of models of documents for investment procedures in Vietnam.

In cases where domestic investors request an Investment Certificate, they shall prepare the investment registration dossier according to the model prescribed in Appendix I-1 of Decision No. 1088/2006/QĐ-BKH. The agency issuing the Investment Certificate shall examine and resolve the matter according to the provisions of Clause 4 of Article 43 of Decree No. 108/2006/NĐ-CP.

Article 5. Investment and Business Conditions for New Urban Zone Projects, Housing Projects, and Industrial Zone Technical Infrastructure Projects of Domestic Investors

Domestic investors specified in Article 4 of this Circular must meet investment and business conditions (if any) as prescribed by laws on real estate business, laws on housing, and related legal documents.

Article 6. Investment Procedures for Secondary Projects of Domestic Investors in New Urban Zone Projects and Housing Projects

Secondary investment projects of domestic investors in new urban zone projects and housing projects do not need to go through investment registration procedures and Investment Certificate issuance procedures, but must comply with investment and business conditions (if any) as prescribed by laws on real estate business, laws on housing, and related legal documents.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 8. Responsibility for Implementation

Relevant Ministries, Departments, People's Committees of Provinces and Cities directly under the Central Government shall, in accordance with their assigned functions and tasks, direct and organize the implementation of the provisions of this Circular.

During the implementation process, if there are any difficulties, please promptly report them to the Ministry of Construction and the Ministry of Planning and Investment for consideration and resolution.