38 2009 QH12 PDF
and supplemented under Article 3 of the Law No//QH12,. Article 1. To amend and supplement Clause 2, Article of the Law on. Enterprise as follows . Law no. 38//QH12, dated June 19, , of the National Assembly of Vietnam modified and supplemented several articles relating to basic investment and. Pursuant to June 19, Law No. 38//QH12 amending and supplementing a number of articles of the laws concerning capital construction investment;.
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The time limit for appraising and approving a housing development project is 45 days q1h2 a competent state agency receives the investor’s report enclosed with the project dossier.
The order and procedures for formulating, appraising and approving 1: When project adjustments result in changes in the project’s location, size or objective or an increase in the approved total investment, investors shall report them to investment deciders for decision.
Competence to appraise and approve housing development projects or approve investment in these projects. If incapable of doing so, they may enter into partnerships with capable designing consultancy organizations in order to negotiate and sign contracts with investors.
Organizations and individuals that own houses, use houses and participate in house-related transactions in Vietnam; 3. A housing development project dossier must contain: Types of housing development projects Housing development projects may be of either of the following two types: Dossiers of application for permits for construction of urban works or houses.
Provincial-level Construction Departments shall receive project dossiers and assume the prime responsibility for, and coordinate with concerned local agencies in, appraising housing development projects before submitting them to chairpersons of provincial-level People’s Committees for approval.
Provincial-level People’s Committees shall grant construction permits for construction works of special grade and grades I and II; religious works; works of historical-cultural relics; monuments and mural paintings within the administrative boundaries under their management: Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam; 2.
Housing development projects built with state budget funds shall be appraised and approved as follows: Commercial house means a house built by an organization or individual of any economic sector for sale or lease to meet the market demand and under the market mechanism; 2.
To join in project management, individuals must possess certificates of professional qualifications in the management of work construction investment projects. To add the following Clause 5 to Article This translation is for reference only Cong bao. Pursuant to June 19, Law No. Investment deciders shall evaluate projects before approving them. Investment deciders shall allocate sufficient capital within 3 years, for group-C projects, or 5 years, for group-B projects, depending on project implementation schedules.
The appraisal of basic designs of housing development projects specified in Clauses 1 and 2 of this Article must comply with the construction law. Project evaluation units shall send project dossiers to specialized construction work-managing agencies defined in Clause 6 of this Article for opinion on basic designs.
For a housing area development project, there must be following additional details: A housing development project dossier must contain explanations and basic designs made according to Article 6 of this Decree. Social house means a house built by the State or an organization or individual of any economic sector for sale or lease to or lease-purchase by a subject defined in Article 53 or 54 of the Housing Law and this Decree under the State-prescribed mechanism.
To supplement Point a, Clause 3, Article 2 as follows: Social house means a house built by the State or an organization or individual of any economic sector for sale or lease to or lease-purchase by a subject defined in Article 53 or 54 of the Housing Law and this Decree under the State-prescribed mechanism; 3.
Upon the expiration of the lease-purchase term, the house lessee-purchaser who has fully paid the rental will be granted a house ownership certificate by a competent state agency. Independence – Freedom – Happiness. Organizations and individuals not mentioned in Clauses 1, 2 and 3 of this Article but involved in housing-related activities. Housing development projects excluding projects of grade-II investors invested with non-state budget funds regardless of land areas occupied by projects shall be appraised and approved as follows:.
In addition to the works specified in Clause 1 of this Article, investors shall themselves decide on holding contests to select architectural designs of other works. Brief description of the project location; the technical infrastructure system of the project and its connection to the region’s common technical infrastructure system; environmental protection plan; fire prevention and fighting plan; architectural plans of works of the first-phase component project; – Basic design drawings: Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam.
Interpretation of terms In this Decree, the terms below are construed as follows: Housing development projects for the purpose of investing in building a system of technical and social infrastructure and building houses and other architectural works under approved master plans below collectively referred to as housing area development projects – grade-I projectsunder which technical infrastructure works are built by grade-I investors, while houses and other architectural works grade-II projects are built by grade-I or grade-II investors; 2.
38 2009 qh12 pdf
Housing state management agencies at all levels. Competence to evaluate work construction investment projects.
Before formulating housing development projects, investors shall work out and submit to competent People’s Committees in localities where these projects are to be implemented for approval 1: Based on specific local conditions, chairpersons of provincial-level People’s Committees may authorize chairpersons of People’s Committees of districts, towns or provincial cities below collectively referred to as district-level People’s Committees to appraise and approve housing development projects capitalized at under VND 30 billion.
Competence to grant construction permits.
An independent housing development project dossier must contain: The project’s general site q1h2, sectional drawings, site drawings and solutions to main force-bearing structures of works of the first-phase component project; drawings of the project’s technical infrastructure system connected to the region’s common technical infrastructure.
Requirements on housing development projects 1.
Legal Documents – Cổng thông tin điện tử Bộ Xây dựng
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree. Each condominium has areas under private ownership of households or individuals and the investor and areas under common ownership of its owners; 6. Authors of selected architectural designs will have their author rights protected and will, if being fully capable as prescribed, be prioritized to negotiate and sign contracts for formulating work construction qb12 projects and making construction designs.
In charge of project evaluation are specialized units under investment-deciding authorities. To amend 209 supplement a number of articles of the Government’s Decree No.
Holders of the title of manager or person in charge of construction plan design; manager or person in charge of construction design; construction survey manager; or construction supervisor must qh2 practicing certificates as required.
Pursuant to June 18, Law No.
Housing development projects built with state budget funds shall be appraised and approved as follows:. The designing of houses in housing development projects must conform to construction regulations and standards and designing standards of condominiums, detached houses and villas provided in the Housing Law and this Decree. Before investing in building houses including also houses in new urban centersinvestors shall request competent state agencies to approve their investment unless bidding is needed to select investors under Article 14 of this Decreeand organize the formulation.
Housing development projects for the purpose of qh1 in building only an independent housing work or a group of housing works, including also works for multiple use purposes as houses, offices, commercial and service centers below collectively referred to as houses for multiple 83 purposes on land areas where a technical infrastructure system is available grade-II projects in housing area development projects defined in Clause 1 of this Article or in new urban centers or independent housing development projects in renovated urban centers below collectively referred to as independent housing development projects.
Brief description of the project location; the technical infrastructure system of the project and its connection to the region’s common technical infrastructure system; environmental protection plan; fire prevention and fighting plan; architectural plans of works of the first-phase component project.