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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Upon the expiration of the lease-purchase term, the house lessee-purchaser who has fully qh122 the rental will be granted a house ownership certificate by a competent state agency. 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.

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: Design your Master Page around this content placeholder.

Competence to appraise and approve housing development projects or approve investment in these projects. Contents of housing development project dossiers 1.

This Decree takes effect on December 1, Project evaluation units shall send project dossiers to line agencies, construction state management agencies and other concerned agencies for evaluation. Expenses for contests to select architectural designs of works shall be included in projects’ total investment.

Large public works subject to specific architectural requirements for which investment deciders shall decide on holding contests to select architectural designs include: Organizations and individuals that own houses, use houses and participate in house-related transactions in Vietnam; 3. Legal normative documents Consolidated documents.

Interpretation of terms In this Decree, the terms below are construed as follows: For a housing area development project, there must be following additional details: Pursuant to June 18, Law No. Lease-purchase of a social house means the advance payment of a certain sum of money by the lessee-purchaser of the house as agreed upon in the lease-purchase contract, who will pay the remaining payable amount as a rental on a monthly or periodical basis.

Housing development projects for the purpose of investing 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 use 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.

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Past the above time limits, if giving no opinion, concerned agencies will be regarded as having agreed with the project dossiers and shall take responsibility for the issues under their management.

38 2009 qh12 pdf

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: Competence to grant construction permits. To amend and supplement Clause 1, Article 10 as follows: 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 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 209 Article 14 of this Decreeand organize the formulation. After obtaining written investment approval of provincial-level People’s Committees, investors shall formulate and submit projects to investment deciders for appraisal and approval.

To amend and supplement Clause 1, Article 23 as follows: The Ministry of Planning and Investment shall guide capability conditions of organizations and individuals for evaluating work construction investment projects.

Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam; 2. 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 possess practicing certificates as required.

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. Investment deciders may hire consultants to verify several or all of the contents specified in Clauses 1.

To add the following Clause 5 to Article 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.

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. 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.

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Housing state management agencies at all levels.

Persons decentralized or authorized to make investment decision shall evaluate projects already decentralized or authorized for investment q1h2.

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.

Commercial house means a house built by an organization or individual of any economic sector for sale or ah12 to meet the market demand and under the market mechanism; 2.

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For independent housing development projects, the connection to common technical infrastructure systems of the region must be ensured. 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 not mentioned 20009 Clauses 1, 2 and 3 of this Article but involved in housing-related activities.

Project adjustments must be evaluated before decision. An independent housing development project dossier must contain: 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 investment projects and making construction designs.

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: 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.

For a housing development project to 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 of this Decree.