Decree No. 84/2013/ND-CP on the development and management of resettlement housing

DECREE

Regulations on the development and management of resettlement housing

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

Based on the Land Law dated November 26, 2003;

Pursuant to the Law on Housing dated November 29, 2005;

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

At the proposal of the Minister of Construction;

The Government issues this Decree to regulate the development and management of resettlement housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the development and management of resettlement housing for compensation and land clearance purposes when the State recovers land for construction projects serving national defense, security, national interests, and public interests.

2. The development of resettlement housing for projects funded by loans from international organizations with which the Socialist Republic of Vietnam has separate agreements shall be carried out according to those agreements.

3. Resettlement housing for the needs of households and individuals who must relocate from areas at risk of landslides or frequently affected by natural disasters is not within the scope of this Decree.

Article 2. Applicability

This Decree applies to the following entities:

1. Households and individuals required to move their residences when the State recovers land for construction projects serving national defense, security, national interests, and public interests as approved by competent authorities.

2. Organizations and individuals involved in the development and management of resettlement housing.

3. State agencies related to housing.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. "Resettlement housing" refers to housing constructed or purchased to meet the resettlement needs of households and individuals specified in Clause 1, Article 2 of this Decree.

2. "Resettlement housing project" is a housing project that integrates infrastructure construction and social facilities (if applicable) to meet resettlement needs.

3. "Resettlement housing construction project" is a project to construct apartment buildings or individual houses to meet resettlement needs.

4. "Household and individual for resettlement" refers to households and individuals specified in Clause 1, Article 2 of this Decree who purchase or lease resettlement housing in accordance with laws on land and this Decree.

5. "Construction investment project using state budget funds requiring resettlement housing" refers to construction projects using state budget funds for national defense, security, national interests, and public interests that require resettlement housing for compensation and land clearance purposes upon land recovery.

6. "Construction investment project using funds from the state budget requiring resettlement housing" includes Build-Transfer (BT) projects, Build-Operate-Transfer (BOT) projects, and Build-Transfer-Operate (BTO) projects that require resettlement housing for compensation and land clearance purposes upon land recovery.

7. "Construction investment project not using state budget funds requiring resettlement housing" refers to production, business, and service projects invested in by economic sectors using non-state budget funds but subject to land recovery, compensation, and land clearance by the State.

Chapter II

DEVELOPMENT OF RESIDENTIAL RELOCATION HOUSING

Article 4. Principles for Developing Resettlement Housing

1. Development of resettlement housing must comply with construction planning approved by competent authorities; it must ensure synchronization with technical infrastructure systems and social infrastructure systems; it must comply with laws on housing, land, investment, construction, and this Decree.

2. Development of resettlement housing must ensure that households and individuals relocated have better living and production conditions or conditions equivalent to their previous residences.

3. Resettlement housing must meet construction standards and quality requirements, ensuring safety during use, and be appropriate to local culture, customs, and traditions.

4. In urban areas, investment in individual resettlement projects should be limited, and efforts should be concentrated on developing social housing projects or purchasing apartments in commercial housing developments and new urban areas to provide resettlement accommodation.

Article 5. Planning for Construction of Resettlement Housing Areas

1. During the process of drafting, reviewing, and approving construction planning, urban planning, land use plans, economic zone development planning, industrial park planning, export processing zone planning, high-tech park planning (hereinafter referred to as industrial parks), rural residential area planning, People's Committees at all levels must allocate land to meet the needs for resettlement within their jurisdictions. If these plans do not allocate land for resettlement housing, the Department of Natural Resources and Environment shall, based on the resettlement housing development plan in the locality, take the lead in coordinating with the Department of Construction and the Department of Planning and Architecture to review and report to the People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees) to adjust and supplement the planning and land use plans to allocate sufficient land for resettlement housing, in accordance with specific local circumstances.

2. For new urban area development projects and new housing projects requiring resettlement, priority should be given to allocating land for the construction of resettlement housing within the new urban area or within the project itself.

3. For infrastructure projects in industrial parks requiring resettlement housing, land should be allocated for the construction of resettlement housing within the planned worker housing area serving the industrial park or in other suitable locations within the jurisdiction, in accordance with specific local circumstances and the living conditions of relocated households.

Article 6. Planning for Development of Resettlement Housing

1. Investors of projects mentioned in Clauses 5, 6, and 7 of Article 3 of this Decree shall conduct surveys and investigations regarding the compensation needs for resettlement housing of households and individuals required to relocate (including location, infrastructure of the resettlement housing area, type of housing, area, number of houses, and time for resettlement) and report to the district-level People's Committee to compile the demand for resettlement housing.

2. The district-level People's Committee shall report to the Department of Construction on the demand for resettlement housing funded from all sources including central government budget funds within its jurisdiction (including the total number of resettlement houses, the structure of housing area, total capital, and funding sources for resettlement housing). The Department of Construction will aggregate and develop annual and five-year plans for resettlement housing development, which will be submitted to the provincial People's Committee for approval. The resettlement housing development plan may be combined with the local housing development program under housing laws or developed separately according to specific local conditions.

3. The provincial People's Committee shall base its decision to approve annual and five-year plans for resettlement housing development on the economic and social development plan, planning, land use plans, construction planning, and housing development programs already approved in the locality. It shall publicly announce the resettlement housing development plan and report to the Ministry of Construction before October 31 of the year preceding the planning year.

4. In urban areas, the planning for resettlement housing development must be balanced with the plan for social housing development in the locality.

Article 7. Standards for the area of resettlement housing

The standards for the area of resettlement housing according to current construction regulations and standards and the following provisions:

1. For urban areas:

a) Resettlement housing in apartment buildings and individual houses within projects must meet area standards consistent with the planning approved by the competent authority;

b) Resettlement housing in apartment buildings must comply with the area standards prescribed by laws on housing;

c) When designing resettlement housing in apartment buildings, a portion of the area may be allocated for organizing business and services suitable to the actual conditions of each project (after meeting the required common living space, community activity space, including parking spaces within the project according to current construction regulations and standards);

d) Individual resettlement housing must satisfy basic technical infrastructure requirements and minimum land area standards as stipulated by the provincial People's Committee.

2. For rural areas

Resettlement housing and auxiliary facilities serving production associated with resettlement housing (if any) must meet the minimum land area standards as stipulated by the provincial People's Committee.

Article 8. Forms of developing resettlement housing

Resettlement housing shall be developed through the following forms:

1. Direct investment and construction;

2. Investment under the Build-Transfer (BT) contract form (hereinafter referred to as the BT Contract);

3. Purchase of commercial housing for resettlement purposes.

Article 9. Sources of capital for developing resettlement housing

1. Capital from state budget investment, construction bonds, government bonds;

2. Official Development Assistance (ODA) funds and preferential loans from sponsors;

3. Capital originating from the state budget (converted from land use rights);

4. Land development fund, Housing development fund;

5. Corporate capital and other legally raised capital.

Article 10. Investors of resettlement housing projects and resettlement housing works

Investors of resettlement housing projects and resettlement housing works selected must have the necessary legal entity status and financial capacity as prescribed by laws on investment and construction, housing, and real estate business and are specified as follows:

1. For resettlement housing projects and works constructed using state budget funds, the investors include:

a) Local specialized project management boards;

b) Land development organizations;

c) State-owned enterprises with functions in real estate business as prescribed by laws on enterprises.

2. For resettlement housing projects and works constructed under the BT contract form, the selection of investors shall be carried out in accordance with Article 12 of this Decree.

3. The investor mentioned in Clause 7, Article 3 of this Decree is the investor constructing resettlement housing projects and works to serve the needs of resettlement at projects where they are the main investors.

4. Authority to decide on selecting investors

a) For resettlement housing projects and works serving national key projects, the investor of the national key project shall propose to the provincial People's Committee where the project is located to submit to the Prime Minister for deciding on selecting the investor of the resettlement housing project and work.

b) For resettlement housing projects and works constructed using central and local state budget funds on the territory, except in the case provided for in point a of this clause, the Chairman of the provincial People's Committee shall decide on selecting the investor of the project. Based on specific conditions of the locality, the provincial People's Committee may delegate the Department of Construction to select investors for projects in Group B and Group C.

Article 11. Management of investment in construction of resettlement housing areas and resettlement housing projects through direct construction investment

1. Based on the approved plan for developing resettlement housing, the investment capital for constructing resettlement housing may be allocated according to separate projects to implement the construction of resettlement housing serving one or multiple projects with resettlement housing needs.

2. The establishment, examination, approval of projects, and investment in construction of resettlement housing areas and resettlement housing projects shall be carried out in accordance with the laws on housing, laws on investment construction, relevant laws, and the following provisions:

a) Based on the annual and five-year plans for developing resettlement housing that have been approved by competent authorities and the results of selecting the Investor in accordance with Article 10 of this Decree, the Investor of the resettlement housing area project and resettlement housing project shall proceed with establishing the investment project.

b) For resettlement housing area projects and resettlement housing projects serving national key projects, the People's Committee of the province shall submit to the Prime Minister for approval after obtaining a written agreement from the Ministry of Construction.

c) For resettlement housing area projects and resettlement housing projects serving projects specified in Clauses 5 and 6 of Article 3 of this Decree (except for cases stipulated in point b of this Clause), the Department of Construction shall take the lead and coordinate with related agencies to organize the examination and submit to the People's Committee of the province for approval.

d) For resettlement housing area projects and resettlement housing projects serving projects specified in Clause 7 of Article 3 of this Decree, the Department of Construction shall take the lead and coordinate with related agencies to review and submit to the People's Committee of the province for approval of investment for the Investor to approve the project in accordance with the laws on investment construction and laws on housing.

3. The advance funding and recovery of investment capital for constructing resettlement housing shall be implemented as follows:

a) The Department of Construction shall compile the demand for resettlement housing based on the compensation, support, and resettlement plan that has been approved by competent authorities, establish a distribution plan and progress schedule for providing housing to each resettlement housing project, including resettlement housing projects serving national key projects within the region, and submit it to the People's Committee of the province for approval.

b) Based on the approved distribution plan for resettlement housing, the People's Committee of the province may advance funds from the local budget to the Investor of the resettlement housing area project and resettlement housing project to implement the project. In cases where the Investor of the project, including national key projects within the region, has a need for resettlement housing and has a compensation, support, and resettlement plan that has been approved by competent authorities, the Investor shall report to the People's Committee of the province for unified approval to allow the Investor of the project to advance funds to invest in constructing the resettlement housing area and resettlement housing project in accordance with this Decree.

c) The Investor of the resettlement housing area project and resettlement housing project shall be responsible for recovering the investment capital through selling or leasing housing to relocated households or deducting from the compensation, support, and resettlement funds that households receive when moving to new locations and repaying the local budget in accordance with the laws on land and this Decree.

4. For individual resettlement housing, the management of investment in construction shall be carried out as follows:

a) In rural areas, the People's Committee of the province shall direct the implementation of housing construction for resettlement purposes or specify specific areas where land use rights can be transferred after infrastructure development for residents to build houses according to the approved urban planning.

b) In urban areas, the People's Committee of the province shall specify specific areas where land use rights can be transferred after infrastructure development for residents to build houses according to the urban planning and laws on urban development management.

Article 12. Management of investment in construction of resettlement housing areas and resettlement housing projects under Build-Transfer (BT) contracts

The management of investment in construction of resettlement housing areas and resettlement housing projects under BT contracts must comply with the provisions of the Law on Housing, the Law on Investment Construction, and the following provisions:

1. State agency authorized to conclude and implement BT contracts

a) For resettlement housing areas and resettlement housing projects invested and constructed using central and local government budget funds within the administrative region, the People's Committee of the province is the state agency authorized to conclude and implement BT contracts.

b) The state agency authorized to conclude BT contracts as stipulated in point a of this clause shall be one party to the BT contract and shall perform rights, obligations, and responsibilities agreed upon with the investor of the resettlement housing area or resettlement housing project in the BT contract.

2. Establishment of BT project list for developing resettlement housing

Based on the plan for developing resettlement housing, the land fund allocated for developing resettlement housing, and the land fund allocated for exchange with investors participating in implementing the resettlement housing BT contract on the territory (hereinafter referred to as BT investors), the Department of Construction shall establish a list of BT projects to submit to the People's Committee of the province for approval and public announcement to allow investors to register their participation, while reporting to the Ministry of Construction.

3. BT Investors

BT investors include organizations and individuals as prescribed by the Investment Law and must meet the following conditions:

a) Having real estate business functions as prescribed by law;

b) Possessing sufficient financial capacity to implement the project in accordance with the Law on Housing and the Law on Real Estate Business.

4. Selection of BT investors

a) For resettlement housing area and resettlement housing projects serving national key projects, the People's Committee of the province where the resettlement housing area and resettlement housing project are located shall submit to the Prime Minister for decision on selecting BT investors after obtaining written agreement from the Ministry of Construction.

b) For resettlement housing areas and resettlement housing projects invested and constructed using central and local government budget funds within the territory, except for cases stipulated in point a of this clause, the Chairman of the People's Committee of the province shall decide on selecting BT investors.

Responsibilities and benefits of BT investors

a) After signing the BT contract, the BT investor shall be responsible for self-funding compensation, land clearance, and implementation of the resettlement housing area or resettlement housing project according to the approved project content by the competent authority and the terms stipulated in the BT contract. The investor shall organize acceptance and handover of the land area with infrastructure development or the resettlement housing fund to the competent state management agency that has signed the BT contract.

b) The BT investor shall be entitled to reimbursement through state budget funds, land use rights when implementing the project, and other legitimate sources of capital or assets corresponding to the amount of investment in the land area for infrastructure development or the resettlement housing fund transferred to the competent state management agency as stipulated in Point a of this Clause.

Article 13. Purchase of commercial housing for resettlement

1. Based on the approved allocation plan for resettlement housing, the developer of the resettlement housing area or project, or the construction works specified in Clause 1, Article 10 of this Decree may purchase commercial housing in new urban development projects or housing areas to arrange for resettlement as follows:

a) The developer of the resettlement housing area or project assigned the responsibility to prepare the resettlement housing fund, develop a plan to purchase commercial housing for resettlement housing, specifying the location, quantity of housing, estimated purchase price, handover schedule, and submit it to the provincial People's Committee for approval.

b) The purchase price of commercial housing for resettlement housing shall be proposed by organizations with houses or land for sale or transfer according to the following principles:

- In cases where the land for building housing is directly managed by the State or has been compensated by the State, the purchase price includes construction costs, interest (if applicable), other lawful costs, and a maximum fixed profit rate of 15%.

- In cases where the land for building housing is compensated by the developer, the purchase price includes compensation costs, land clearance costs, construction costs, interest (if applicable), other lawful costs, and a maximum fixed profit rate of 10%; if the developer must pay land use fees to the State, the purchase price also includes the land use fee.

c) The Department of Construction shall take the lead and coordinate with relevant agencies to review the plan to purchase commercial housing for resettlement housing and the purchase prices specified in points a and b of this clause, and submit them to the provincial People's Committee for approval.

2. In cases where the developer of the project needs resettlement housing as stipulated in Clauses 5 and 6, Article 3 of this Decree directly purchases commercial housing for resettlement, they shall follow the procedures and principles prescribed in Clause 1 of this Article.

3. The Ministry of Construction shall provide specific guidance on the procedures and formalities for purchasing commercial housing for resettlement.

Article 14. Management of construction quality for resettlement housing construction projects

1. The following organizations and individuals are responsible for organizing the management of construction quality for resettlement housing construction projects during the implementation of the project in accordance with the provisions of this Decree, taking into account the nature, scale of the project; sources of capital, forms of construction investment; project management forms, and construction contract forms:

a) The developer for direct construction investment in resettlement housing;

b) The competent state agency that signs and implements the Build-Transfer (BT) Contract for resettlement housing constructed under the BT contract form;

c) The developer constructing commercial housing for resettlement.

2. The investor decision-maker is responsible for organizing the review and approval of the investment project for the construction of resettlement housing areas or projects, inspecting the implementation of the project in accordance with the laws on project investment construction management.

3. Organizations and individuals participating in the construction of resettlement housing must have the appropriate qualifications for the construction work they undertake, must have a quality control system, and are responsible for the quality of the construction work they perform before the organizations and individuals specified in Clause 1 of this Article and before the law.

4. Survey, design, construction, and acceptance handover work must comply with the regulations of the law on construction quality management.

5. A project can only be accepted for use when it meets the requirements of the design, technical standards, and technical specifications applicable to resettlement housing projects, and other requirements of the organizations and individuals specified in Clause 1 of this Article.

6. For cases where households or individuals build their own resettlement housing as stipulated in Clause 4, Article 11 of this Decree, the developer of the resettlement housing area project is responsible for guiding planning, design, construction standards, and specifications to enable people to organize their own construction and supervision to ensure quality and progress of housing construction.

7. State management agencies at all levels in charge of construction shall guide and inspect the quality management work of organizations and individuals participating in the construction of resettlement housing projects; inspect the quality of resettlement housing construction projects; propose and handle violations related to the quality of resettlement housing construction projects in accordance with the law.

Chapter III

SALE, LEASE AND MANAGEMENT OF USE OF REHABILITATION HOUSING

Article 15. Object, selling price, and method of selling resettlement housing

1. Object eligible to purchase and selling price of resettlement housing

a) Households and individuals specified in Clause 1, Article 2 of this Decree who have a need to purchase resettlement housing shall be entitled to purchase such housing.

b) The selling price of resettlement housing shall be implemented according to the compensation, support, and resettlement plan for each project, as prescribed by laws on compensation, land clearance, and the following provisions:

- The selling price of condominium units must include maintenance costs for common areas at 2% of the selling price of the condominium unit, as stipulated by laws on housing.

- In cases where households and individuals are granted permission by competent authorities to construct infrastructure works on allocated land for housing purposes, these households and individuals must pay land use fees as prescribed.

2. Method of selling resettlement housing

The sale of resettlement housing shall be conducted through contracts in accordance with the contents and templates of commercial housing sales contracts prescribed by the Ministry of Construction.

3. Provincial People's Committees shall be responsible for publicly announcing the list of resettlement housing projects and their selling prices, rental prices, and social housing prices within their jurisdiction so that relocated households can choose and register to purchase or rent housing.

4. The sale of resettlement housing to households and individuals as prescribed in this Decree does not require going through real estate trading floors.

5. In cases where households and individuals specified in Clause 1, Article 2 of this Decree do not have a need to purchase or rent resettlement housing but wish to purchase, rent, or lease-purchase social housing, they shall be given priority and facilitated to the greatest extent possible to purchase, rent, or lease-purchase social housing within their jurisdiction.

Article 16. Procedure for selling and transferring resettlement housing

1. Based on the decision approving the compensation, support, and resettlement plan (which includes the list of relocated households and individuals and the location of resettlement housing), the People's Committee of the commune shall publicly post the aforementioned compensation plan at its office and community activity locations where land has been reclaimed.

2. Based on the resettlement housing allocation plan approved by competent authorities as stipulated in Point a, Clause 3, Article 11 of this Decree, and upon receipt of the list of relocated households and individuals from the district-level People's Committee, the developer of resettlement housing shall notify these households and individuals to sign contracts for purchasing or selling housing and transferring residential land use rights, and report to the Department of Construction in accordance with laws on housing, land, and this Decree.

3. The developer of resettlement housing shall be responsible for delivering housing to relocated households and individuals in accordance with the agreements in the housing sales contract.

Article 17. Object eligible to rent, rental price, and method of renting resettlement housing

1. Households and individuals specified in Clause 1, Article 2 of this Decree who have a need to rent resettlement housing shall be eligible to rent such housing.

2. Rental price of resettlement housing:

a) In cases where resettlement housing is funded by the state budget, the provincial housing management agency shall base its determination of the rental price of resettlement housing on guidelines provided by the Ministry of Construction, and submit it for approval and issuance by the provincial People's Committee.

b) In cases where resettlement housing is not funded by the state budget, the developer of resettlement housing shall determine and issue or adjust the rental price based on the method of determining the rental price of resettlement housing provided by the Ministry of Construction.

c) The Ministry of Construction shall provide detailed guidance on the method of determining the rental price of resettlement housing.

3. Method of renting resettlement housing

The leasing of resettlement housing must be formalized in a contract in accordance with the contents and templates prescribed by the Ministry of Construction.

Article 18. Procedures for renting and handing over resettlement housing

1. Based on the decision approving the compensation, support, and resettlement plan, and the resettlement housing allocation plan approved by the competent authority as stipulated in Clause 1 and Clause 2, Article 16 of this Decree, the Investor of resettlement housing shall notify the subjects specified in Clause 1, Article 17 of this Decree about signing the rental contract for resettlement housing.

2. The Investor of resettlement housing or the enterprise authorized by the Investor to manage and operate the resettlement housing shall sign the rental contract for housing with the households and individuals undergoing resettlement. The rental contract must be signed for a minimum term of three years. Along with the rental contract, there must be a Management Regulation for rented housing issued by the Investor in accordance with the guidelines of the Ministry of Construction.

3. The tenant must pay rent for the resettlement housing to the lessor according to the agreed price recorded in the rental contract. Payment of rent for the resettlement housing shall be made monthly or according to the agreement between both parties but not more than once a year.

4. Three months before the expiration of the rental contract, if the tenant does not violate any agreements in the rental contract, they have the right to sign a new rental contract or extend the existing rental contract.

5. The lessor may only sign a rental contract after completing the investment construction and handing over the housing for use, and receiving certification from the competent authority regarding safety and fire prevention conditions in accordance with the laws on construction quality management. The lessor is responsible for handing over the housing to the tenant in accordance with the agreements in the rental contract. The handover of housing must be documented in a record signed by both parties.

Article 19. Management and use of resettlement housing

1. The management and use of resettlement housing must comply with the provisions of the laws on the management and use of apartment buildings, housing laws, this Decree, and related laws.

2. The management and use of resettlement housing that is an apartment building shall be carried out according to the following principles:

a) In the case where the Investor constructs an apartment building, they shall bear legal responsibility for managing and operating that apartment building (through their subordinate department or by contracting a company with the function of managing and operating apartment buildings to carry it out). In the case of purchasing commercial housing to arrange for resettled households and individuals, the company currently managing and operating that housing shall manage and operate the resettlement housing.

b) Regarding business exploitation and services within the apartment building:

- In the case of purchasing some apartments or floors in a commercial apartment building for resettlement purposes, it is encouraged for the Investor of that apartment building to prioritize resettled households and individuals to exploit the business and service area through auction if the bid price of the resettled households and individuals is equal to the bid price of other residents in that commercial apartment building.

- In the case where resettlement housing is directly constructed, the Investor of that housing shall allocate up to a maximum of two-thirds of the business and service area for resettled households and individuals to lease (if needed) through public auction in a transparent manner to create employment opportunities for resettled households and individuals.

3. The management of resettlement housing in rural areas shall be carried out according to the principle of ensuring environmental sanitation, fire prevention and firefighting; implementing community cultural and civilized living regulations; managing maintenance and repair of infrastructure facilities, gradually improving and enhancing living conditions for resettled households and individuals in rural areas.

Chapter IV

IMPLEMENTATION

Article 20. Responsibilities of the Ministry of Construction

1. Is the agency assisting the Government in uniformly managing state administration of resettlement housing nationwide;

2. Studying and proposing to the competent authority to issue or issuing within its competence guidance on the provisions of this Decree;

3. Guiding the preparation of planning for construction and development plans for resettlement housing, standards for resettlement housing area; guiding the implementation of policies on resettlement housing (management of investment construction, management of sale and rental of housing; management of use of resettlement housing);

4. Summarizing annual and five-year development plans for resettlement housing of relevant ministries, localities, and reporting to the Prime Minister.

5. Inspecting, auditing, and urging the implementation of development and management of resettlement housing in accordance with this Decree.

6. Regularly and upon urgent request, reporting to the Government and the Prime Minister on the implementation of this Decree nationwide.

Article 21. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Planning and Investment:

a) To take the lead, review, and issue investment certificates for projects under the BT model for resettlement housing construction projects and resettlement housing works;

b) To take the lead and coordinate with relevant sectors to guide the implementation of investment incentives for resettlement housing.

2. Ministry of Finance:

a) To guide the implementation of regulations on project preparation costs and the use of state agency operating funds during project management; financial expenditures, payment conditions and methods for investors implementing BT contracts for resettlement housing construction areas and resettlement housing works;

b) To take the lead and coordinate with relevant sectors to guide the implementation of incentives related to financial policies, taxes, and other incentives for resettlement housing.

Directing and guiding functional agencies to coordinate with the Environmental Crime Prevention Police Force

To inspect, urge, and guide localities in reviewing, adjusting, and supplementing planning and land use plans to prepare land funds for resettlement housing construction.

4. Relevant ministries and sectors:

a) Relevant ministries and sectors shall register annual and five-year needs for resettlement housing with provincial People's Committees directly under the Central Government, and report to the Ministry of Construction;

b) To coordinate with provincial People's Committees directly under the Central Government in reviewing, adjusting, and supplementing urban planning and land use planning to allocate land funds for resettlement housing using central government budget funds within their jurisdiction.

Article 22. Responsibilities of Provincial and Municipal People's Committees Directly Under the Central Government

1. To direct investigations, surveys, and the compilation of needs for resettlement housing; to direct the establishment and approval of annual and five-year development plans for resettlement housing within their jurisdiction, and report to the Ministry of Construction.

2. To take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction, and specialized ministries in reviewing, adjusting, or supplementing land use planning to allocate land funds for resettlement housing using central government budget funds.

3. To decide or delegate the selection of Project Owners, decide on the selection of BT Investors, and the signing of BT contracts; to direct the establishment, review, and approval of resettlement housing area and resettlement housing works projects using state budget funds within their jurisdiction.

4. To specify procedures and formalities for buying, selling, and renting resettlement housing; to direct the organization of management and inspection of buying, selling, and renting of resettlement housing.

5. To specify mechanisms to encourage economic components to participate in developing resettlement housing; to specify regulations on the management and use of resettlement housing within their jurisdiction.

6. To direct the organization of inspections, audits, and handling of violations related to the development of resettlement housing, buying and selling, and management and use of resettlement housing within their jurisdiction.

7. To organize periodic reviews and evaluations of implementation results, and report to the Ministry of Construction.

Article 23. Implementation Provisions

1. Transitional Provisions:

In cases where resettlement housing projects have been established and submitted for approval or investment approval before this Decree takes effect but have not yet been approved, or have been approved or investment approved but the Project Owner requests changes to the project content, the establishment, review, approval of the project, investment approval, and subsequent steps must be carried out according to the provisions of this Decree, ensuring the synchronization and effectiveness of the project and the legitimate rights of all parties involved.

2. This Decree takes effect from September 30, 2013.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for enforcing this Decree./.