Resolution No. 33/2008/NQ-CP On the Implementation of Pilot Administrative Procedures in Investment Construction for New Urban Area Projects, Housing Projects, and Industrial Zone Technical Infrastructure

RESOLUTION

Regarding the implementation of pilot administrative procedures in investment and construction for new urban area projects, residential area projects, and technical infrastructure projects in industrial zones

In recent times, the Government has focused on directing the implementation of many measures to resolve issues related to administrative procedures in order to accelerate the progress of investment and construction projects, creating positive changes in investment and construction management. However, in reality, administrative procedures in investment and construction, especially for new urban area projects, residential area projects, and technical infrastructure projects in industrial zones, remain complex and time-consuming.

To continue implementing administrative reform, reduce procedures, shorten timeframes, and enhance the effectiveness of management and investment for the aforementioned three types of projects, the Government resolves:

Article 1. Implementing pilot administrative procedures in investment and construction for new urban area projects, residential area projects, and technical infrastructure projects in industrial zones

1. On the procedures for establishing, reviewing, approving, and adjusting detailed construction planning:

a. For areas that have not yet been approved with detailed construction planning at a scale of 1/2,000, local authorities shall promptly organize the establishment of planning as a basis for investment projects. In cases where there is an investment proposal but no approved detailed construction planning at a scale of 1/2,000, the provincial People's Committee may permit the investor to establish the planning and submit it for approval according to regulations. Local authorities shall be responsible for assigning tasks, contents, and architectural-planning indicators to the investor as a basis for establishing planning as well as reviewing and approving the planning; at the same time, they shall be responsible for coordinating and supporting the investor in implementing planning in accordance with the law. Investors assigned to establish planning shall be prioritized to become project investors.

The authority responsible for reviewing planning shall examine and respond regarding the completeness and validity of the dossier within five working days. If the dossier is incomplete or invalid, the reviewing authority shall be responsible for guiding in writing so that the investor can complete the dossier in accordance with regulations, and the supplementation of the dossier shall only be carried out once. The time for reviewing and approving detailed construction planning at a scale of 1/2,000 shall not exceed thirty working days.

Based on actual conditions, investors may propose to local authorities to approve the establishment of detailed construction planning at a scale of 1/500 suitable to the land area size, without necessarily having to establish both detailed construction planning at a scale of 1/2,000 and detailed construction planning at a scale of 1/500.

b. On obtaining opinions from relevant agencies when reviewing detailed construction planning at a scale of 1/500:

After completing the planning at a scale of 1/500, the investor submits the planning dossier to the competent state management agency at the local level, which shall be responsible for organizing the collection of opinions from relevant state management agencies to review and approve the planning. Within thirty working days from the date the investor submits the dossier in accordance with regulations to the competent local state management agency, the local authority must complete the review and approval of the planning and hand over the decision on approval to the investor. In cases where significant changes requiring alterations to the planning content are requested, the competent authority shall be responsible for coordinating with the investor to supplement and complete the dossier, but this shall not extend beyond thirty working days.

c. On adjusting construction planning:

For areas that already have detailed construction planning at a scale of 1/2,000, if the investor proposes new adjustments different from the approved detailed construction planning at a scale of 1/2,000 when establishing detailed construction planning at a scale of 1/500 for the project, the competent authority shall examine and review these proposals. If deemed appropriate, the authority shall issue a document of approval or a decision on approval of detailed construction planning at a scale of 1/500. Such documents of approval or decisions on approval shall be considered partial amendments and shall not require the entire detailed construction planning at a scale of 1/2,000 previously approved to be revised again. The time for approving the planning shall not exceed fifteen working days.

2. On the procedures for reviewing and approving Environmental Impact Assessment Reports:

To reduce procedures, time, and costs for investors, the Environmental Impact Assessment Report shall be integrated as part of the investment project; environmental impact assessment shall be conducted during the review of the detailed construction planning at a scale of 1/500 of the project and post-inspection. The project investor shall bear full responsibility for ensuring national environmental standards.

3. On the procedures for allocating land, leasing land, and collecting land use fees:

To reduce procedures and address unreasonable aspects in land allocation, leasing, and land use fee collection, localities shall issue Land Use Right Certificates to owners of houses and buildings attached to land, without necessarily issuing Land Use Right Certificates for the entire project to the first-level investor.

The first-level investor may pay land use fees according to the project implementation schedule, with the start of payment calculated from the date the investor is permitted to raise capital from customers according to the Law on Housing and the Law on Real Estate Business and related laws. In cases where the locality hands over land that has been cleared (clean land) to the investor, the investor must pay the land use fee within three months.

4. On the procedures for agreeing on building heights:

Investors do not need to go through separate procedures to obtain agreement on building heights for each structure. The Ministry of National Defense shall convert the requirements for agreeing on building heights in Document No. 3803/BQP dated July 28, 2006, into provisions of the "Decree on Management of Obstacle Heights in Airspace and Areas under Protection," in the direction that defense agencies provide comments when participating in the review of construction planning and do not handle separate agreements for each structure.

5. On the procedures for issuing Investment Registration Certificates for domestic investment projects:

For new urban area development projects, residential area projects, and domestic industrial zone projects, only investment registration shall be carried out, without issuing an Investment Certificate. For secondary investment projects within new urban areas and residential areas, neither investment registration nor issuance of an Investment Certificate shall be conducted.

6. Entrust the Ministries, ministerial-level agencies, and People's Committees at all levels to review the documents they have issued that contain measures to resolve difficulties in related administrative procedures; abolish provisions on procedures that are inconsistent with Government regulations and this Resolution; and at the same time, rectify civil servants directly handling these procedures so that they do not arbitrarily establish procedures contrary to the regulations.

Article 2. Implementation

This Resolution shall take effect fifteen days after its publication in the Official Gazette.

The Ministry of Construction shall monitor and evaluate the implementation of this Resolution, report to the Prime Minister, and propose supplementary and amended provisions of relevant laws.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Resolution./.