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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In case project adjustments do not conform 338 branch or construction plannings approved by competent state management agencies, opinions of these agencies must be collected. Competence to appraise and approve housing development projects or approve investment in these projects.

Legal Documents – Cổng thông tin điện tử Bộ Xây dựng

Scope of regulation This Decree details and guides a number of provisions of the Housing Law regarding house ownership, housing development, use management of houses, house-related transactions and state management of houses. To annul Article 4. The time limit for a provincial-level People’s Committee to approve investment is 30 days while the time limit for project appraisal and approval is 45 days after a competent state agency receives a complete dossier under regulations.

This Decree takes effect on December 1, Housing development projects must conform to local land use, urban construction and rural residential area master plans, urban designs and housing development programs in each period and satisfy housing development requirements specified in Articles 24, 25 and 26 of the Housing Law. 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: 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.

The time limit for appraising and approving a housing development project is 45 days after a competent state agency receives the investor’s report enclosed with the project dossier.

Project evaluation units shall send project dossiers to line agencies, construction state management agencies and other concerned agencies for evaluation. For other projects, investment deciders may decide to seek opinions on their basic designs when necessary. 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.

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38 2009 qh12 pdf

Requirements on housing development projects 1. A housing development project dossier must contain: This translation is for reference only Cong bao. 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 independent housing development projects, the connection to common technical infrastructure systems of the region must be ensured. To amend and supplement Clause 1, Article 23 as follows: Competence to appraise and approve housing development projects or approve investment in these projects 1. To amend and supplement Clause 1, Article 10 as follows: Contents of housing development project dossiers 1.

Competence to evaluate work construction investment projects. 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.

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. For a housing area development project, there must be following additional details: To amend and supplement Clause 3, Article 20 as follows: Investment deciders shall evaluate projects before approving them.

Before approving work construction investment projects within urban centers which are approved by competent state agencies, investment deciders shall seek opinions of these agencies on the projects” basic designs.

To join in project management, individuals must possess certificates of professional qualifications in the management of work construction investment projects. Condominium means a house with 2 or more stories, passageways, stairs and a system of infrastructure works for common use by many households and individuals. To supplement Point a, Clause 3, Article 2 as follows: Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.

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If incapable of doing so, they may enter into partnerships with capable designing consultancy organizations in order to negotiate and sign contracts with investors. Types of housing development projects Housing development projects may be of either of the following two types: Categorization and state management of work construction investment projects.

Adjustment of work construction investment projects. Each condominium has areas under private ownership of households or individuals and the investor qqh12 areas under common ownership of its owners. This Decree details and guides a number of provisions of the Housing Law regarding house ownership, housing development, use management of houses, house-related transactions and state management of houses. Before approving a housing development project, the chairperson of a provincial-level or district-level People’s Committee when authorized shall organize the appraisal of the project.

An independent housing development project dossier must contain: Holders of the title of manager qh21 person in charge of construction plan design; manager or person in charge of construction design; construction survey manager; or construction supervisor must possess practicing certificates as required.

Organizations and individuals that own houses, use houses qh1 participate in house-related transactions in Vietnam. For housing area development projects, technical and social infrastructure systems must 209 completely built. The Ministry of Finance shall promulgate a document guiding this provision. Housing state management agencies at all levels. Large public works subject to specific architectural requirements for which investment deciders shall decide on holding contests to select architectural designs include: Investment deciders may hire consultants to verify several or all of the contents specified in Clauses 1.

For a housing development project qg12 build less than houses including villas, detached houses and condominium apartmentsthe investor shall report to the district-level People’s Committees for a written investment approval, unless this project is subject to bidding for investor selection as specified in Article 14 qb12 this Decree.

After obtaining written investment approval of provincial-level People’s Committees, investors shall formulate and submit projects to investment deciders for appraisal and approval.