Circular No. 11/2013/TT-BXD of July 31, 2013, prescribing the regime of reporting on implementation of investment in construction and commercial operation of real estate projects

THE MINISTRY OF CONSTRUCTION

Circular No. 11/2013/TT-BXD of July 31, 2013, prescribing the regime of reporting on implementation of investment in construction and commercial operation of real estate projects

Pursuant to November 29, 2005 Law No. 56/2005/QH11 on Housing;

Pursuant to June 29, 2006 Law No. 63/2006/QH11 on Real Estate Business;

Pursuant to the Government’s Decree No. 62/2013/ND-CP of June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 153/2007/ND-CP of October 15, 2007, detailing and guiding the Law on Real Estate Business;

Pursuant to the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the Law on Housing;

Pursuant to the Government’s Decree No. 11/2013/ND-CP of January 14, 2013, on management of urban development investment;

At the proposal of the director of the Agency of Housing and Real Estate Market Management,

The Minister of Construction promulgates the Circular to prescribe the regime of reporting on implementation of investment in construction and commercial operation of real estate projects.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular guides the reporting on investment in construction and commercial operation of real estate projects.

2. Real estate projects subject to reporting under this Circular include housing development projects; new urban center construction projects; apartment complex projects; projects on technical infrastructure of industrial parks; projects on shopping malls, offices for lease, hotels; and projects on eco-tourism sites and resorts.

Article 2. Subjects of application

1. Responsible for making reports under this Circular are:

a/ Construction Departments of provinces and centrally run cities;

b/ Investors of real estate projects specified in Clause 2 of Article 1 from all economic sectors.

2. Related organizations and individuals shall provide information and data to focal agencies for summarization and reporting.

Chapter II

REPORTING REGIME

Article 3. Reports of local state management agencies in charge of real estate

1. Units making reports: Construction Departments of provinces and centrally run cities.

2. Reports contents:

Based on reports of real estate project investors and data of relevant agencies, Construction Departments of provinces and centrally run cities shall sum up and make the following reports:

a/ General report on basic information on local real estate projects, made according to the form in Appendix 1;

b/ General report on implementation of local real estate projects, made according to the form in Appendix 2;

c/ General report on ground clearance of local real estate projects, made according to the form in Appendix 3;

d/ General report on commercial operation of real estate projects, made according to the form in Appendix 4;

dd/ Report on real estate transactions and state budget revenues from land and real estate transactions, made according to the form in Appendix 5;

General reports mentioned above must clearly sate the cases in which investors commit violations in the implementation of real estate projects for handling according to report makers’ competence or proposing to provincial-level People’s Committees handling measures in compliance with the laws on investment, construction, land, housing and real estate business.

3. Deadline for sending reports to the Ministry of Construction:

a/ Quarterly reports (before the last day of the last month of the quarter);

b/ Annual report (before December 31).

4. Forms of reports: In paper or electronic files.

5. Place of receiving reports: The Agency of Housing and Real Estate Market Management - the Ministry of Construction, 37 Le Dai Hanh street, Hanoi (email: [email protected]).

Article 4. Reports of real estate project investors

1. Units making reports: Investors of real estate projects, management boards of industrial parks and clusters, and state-established management boards of urban development zones.

2. Reporting contents:

a/ General report on basic information on real estate projects:

Reports on basic information on project are made according to written investment approvals, investment certificates, or investment permissions of competent state agencies. When the project is adjusted or supplemented, the investor shall report on adjusted contents.

(The form in Appendix 6).

b/ Report on implementation of projects:

Reports on ground clearance, investment in construction of technical infrastructure works, and investment in construction of works.

(The form in Appendix 7).

c/ Report on commercial operation of projects:

- Capital mobilization (the form in Appendix 8);

- Performance of financial obligations (the form in Appendix 9);

- Sale or lease of houses, land lease, transfer of land use rights, etc. (the form in Appendix 10).

For projects which have been finished construction, investors shall continue reporting on commercial operation of projects until all real estate items eligible for trading in the project are sold or leased.

d/ Report on completion of project construction investment: Report on major content of projects after construction is completed (the form in Appendix 11).

3. Time limit for sending reports to the Construction Departments and the Ministry of Construction:

a/ Time limit for sending the general report on basic information on a real estate project is as follows:

- Within 7 days after obtaining a decision on investment approval or permission, project approval decision of competent agency, or investment certificate (for foreign investment projects).

- Within 7 days after obtaining a decision on project adjustment (if any), an additional report must be sent.

b/ Deadline for sending the report on implementation of construction investment and report on commercial operation of the project is as follows:

- Quarterly report (before the 25^th of the last month of the quarter);

- Annual report (before December 25).

c/ Time limit for sending the report on completion of construction is as follows:

- Within 15 day after completion of construction of the work according to investment stage or completion of a sub-project (investment stage or sub-project is specified in the decision on investment approval, decision on project approval, investment permission, or investment certificate…);

- Within 15 days after completion of investment in construction of entire work of projects.

4. Forms of reports: In paper or electronic files.

5. Place of receiving reports:

- The Agency of Housing and Real Estate Market Management - the Ministry of Construction, 37 Le Dai Hanh (email: [email protected]);

- Construction Department of localities which have projects.

Article 5. Examination of the implementation and handling of violations in reporting on implementation of real estate projects

1. Examination of observance of the reporting regime:

a/ Provincial-level Construction Departments shall examine contents of reports of local real estate project investors;

b/ The Agency of Housing and Real Estate Market Management shall examine reports of provincial-level Construction Departments, and coordinate with them in examining the implementation of real estate projects to serve the state management.

2. Handling of violations:

Real estate project investors who fail to report or report not within the time limit, report with incorrect or insufficient contents as prescribed in this Circular shall be handled as follows:

a/ For first-time violations: Provincial-level Construction Departments shall warn investors in writing;

b/ For second-time violations: To publicize information on violations on the website of the Ministry of Construction, websites of provincial-level People’s Committees, websites of Construction Departments of localities where real estate projects are implemented, and notify such to investors (if any). Concurrently, violators shall be handled for administrative violations in accordance with law.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Transitional provisions

1. For projects under construction: Within 30 days from the effective date of this Circular, project investors shall send reports as prescribed in Article 4 of this Circular.

2. For completed projects which are commissioned during the period from January 1, 2013, to the effective date of this Circular: Their investors shall send reports as prescribed at Point d, Clause 2 and Point c, Clause 3, Article 4 of this Circular.

Article 7. Organization of implementation

1. Responsibilities of the Agency of Housing and Real Estate Market Management - the Ministry of Construction:

a/ To summarize data of reports as prescribed in this Circular and report to the Minister of Construction on investment in construction and commercial operation of the real estate projects nationwide;

b/ To assume the prime responsibility for, and coordinate with the relevant units under ministries, sectors and localities in, examining the implementation of real estate projects.

2. Responsibilities of provincial-level People’s Committees and Construction Departments:

a/ Provincial-level People’s Committees shall promulgate regulations on coordination between, and specific tasks and responsibilities of departments, sectors, professional agencies under their management (Planning and Investment Departments, Finance Departments, Tax Departments, Natural Resources and Environment Departments, management boards of industrial parks, management boards of urban development areas) and district-level People’s Committees in providing data to Construction Departments for summarization and reporting;

b/ Construction Departments shall act as the focal agency for summarizing reports and guide and urge real estate project investors in their localities to carry out reporting as prescribed in this Circular.

Article 8. Implementation provisions

1. This Circular takes effect on October 1, 2013.

2. Subjects prescribed in this Circular shall carry out reporting from the fourth quarter of 2013.

3. Any problem arising in the course of implementation should be reported to the Ministry of Construction for consideration and settlement.-

For the Minister of Construction
Deputy Minister
NGUYEN TRAN NAM

* All the forms mentioned in this Circular are not translated.