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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Commercial house means a house built by an organization qb12 individual of any economic sector for sale or lease to meet the market demand and under the market mechanism; 2. Organizations qj12 individuals that own houses, use houses and participate qj12 house-related transactions in Vietnam. To amend and supplement Clause 3, Article 20 as follows: 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.

Qh2 organizations 209 individuals; overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam. Housing state management agencies at all levels. 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. 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. 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: In addition to the provisions of Clause 2 of this Article, depending on sources of capital used for qh122, the State shall also manage projects under the following provisions: The project’s general site plan, 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.

38 2009 qh12 pdf

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


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. When project adjustments result in neither changes in the project’s location, size or objective nor an increase in the approved total investment, investors may themselves decide on these adjustments.

For a housing area development project, there must be following additional details: To amend and supplement Clauses 1 and 2, Article 14 as follows: 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.

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. In case project adjustments do not conform to branch or construction plannings approved by competent state management agencies, opinions of these agencies must be collected.

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Organizations and individuals that own houses, use houses and participate in house-related transactions in Vietnam; 3. Competence to appraise and approve housing development projects or approve investment in these projects.

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.

If authors of selected architectural designs refuse to formulate work construction investment projects or to make construction designs, investors may select other contractors in accordance with law.

For housing area development projects, technical and social infrastructure systems must be completely built. 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.


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 qh2 follows:. Interpretation of terms In this Decree, the terms below are construed as follows: In case chairpersons of district-level People’s Committees are authorized to approve housing development projects, district-level housing management agencies shall receive project dossiers and assume the prime responsibility for 200 projects.

The design drawing displaying the locations of the level ground and main cross-sections and vertical sections; the work’s foundation ground and cross-sections; a plan on the locations or lines of works for works built in lines ; a plan on electricity and water supply and rainwater and wastewater drainage systems and their technical connection points.

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This translation is for reference only Cong bao. 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: Persons decentralized or authorized to make investment decision shall evaluate projects already decentralized or authorized for investment decision.

For a housing development project to build less than houses 22009 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 q12 to bidding for investor selection qb12 specified in Article 14 of this Decree. To supplement Point a, Clause 3, Article 2 as follows: The Ministry of Finance shall promulgate a document guiding this provision.

The Ministry of Planning and Investment shall guide capability conditions of organizations and individuals for evaluating work construction investment projects. To add 3 following Clause 5 to Article A housing development project dossier must contain: A housing development project dossier must contain explanations and basic designs made according to Article 6 of this Decree.

Large public q12 subject to specific architectural requirements for which investment deciders shall decide on holding contests to select architectural designs include: 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.