Circular 03/2023/TT-BXD amend Circular 09/2021/TT-BXD on social housing development and management

CIRCULAR

Amending and supplementing Article 3 of the Minister of Construction’s Circular No. 09/2021/TT-BXD dated August 16, 2021, guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management

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Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Urban Planning dated 17 June 2009;

Pursuant to the Construction Law dated June 18, 2014, and the Law Amending a Number of Articles of the Construction Law dated June 17, 2020;

Pursuant to the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020, detailing a number of articles of the Bidding Law regarding investor selection;

Pursuant to the Government's Decree No. 31/2021/ND-CP dated March 26, 2021, detailing and guiding the implementation of a number of articles of the Investment Law;

Pursuant to the Government’s Decree No. 52/2022/ND-CP dated August 8, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Housing and Real Estate Management Agency.

The Minister of Construction hereby promulgates Circular amending and supplementing Article 3 of the Minister of Construction’s Circular No. 09/2021/TT-BXD dated August 16, 2021, guiding the implementation of a number of provisions of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management and the Government's Decree No. 49/20 17/ND-CP dated April 01, 2021, amending and supplementing a number of articles of the Government's Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management.

Article 1. Amending and supplementing Point d Clause 1 Article 3

“d. Having detailed construction master plans approved by competence agencies in accordance with law provisions.

In case where detailed and approved construction master plans are unavailable, the projects must be implemented in areas of which the zoning master plans have been approved (if the zoning master plans are required), or the general master plans have been approved, for areas where the zoning master plans are not required. At the same time, the land area where the housing project is expected to be implemented must have the detailed master plan approved by the competent agency. Norms on the use of planned land area and relevant requirements on connection of technical and social infrastructure shall be stipulated on the basis of the national technical standards on construction master plans, technical and social infrastructure conditions of the area.”

Article 2. Implementation responsibility

Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at all levels, and relevant organizations and individuals shall implement this Circular. Any problems arising in the course of implementation should be reported to the Ministry of Construction for guidance.

Article 3. Effect

1. This Circular takes effect from June 15, 2023.

2. In the course of implementation, if legal documents referred to in this Circular are amended, supplemented or superseded, the amending, supplementing or superseding ones shall prevail./.