Decree No. 84/2013/ND-CP of July 25, 2013, on development and management of resettlement housing

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Decree No. 84/2013/ND-CP of July 25, 2013, on development and management of resettlement housing
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Official number:84/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:25/07/2013Effect status:
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Fields:Land - Housing

SUMMARY

A PROFIT UP TO 15% OF COMMERCIAL HOUSES FOR RESETTLEMENT

This is the Government’s regulations at the Decree No. 84/2013/ND-CP promulgating regulations on resettlement house’s development and management.

According to the guidance of this Decree, resettlement house shall be developed in the forms of direct investments; investments under BT contracts and buying commercial house for resettlement.

For purchasing commercial houses for resettlement, the investor in the resettlement zone or resettlement house shall prepare the resettlement house, make a plan for buying commercial house for resettlement, specifying the location, quantity of house, the intended purchase prices, handover schedule, and submit it to the provincial People’s Committee for approval. For the building land under the management of the State or for which compensation is provided by the State, the prices shall include the cost of building, loan interest (if any), other legitimate expenses, and a profit up to 15% and for the building land for which compensation is provided by the investor, the purchase price shall include the cost of compensation and land clearance, the cost of building, loan interest (if any), other legitimate expenses, and a profit up to 10%. If the investor has to pay land levy to the State, the purchase price shall also include the land levy.

Also in this Decree, the Government promulgates that resettlement house development must comply with the construction planning approved by competent authorities, ensure the uniformity of technical infrastructure and social infrastructure, comply with legislation on house, legislation on land, legislation on investments, construction, and this Decree; resettlement house development must ensure equivalent of better life relocated households and individuals and resettlement house must comply with construction standards, ensure construction quality, safety, and be appropriate for local traditions and cultures.

This Decree takes effect on September 30, 2013.
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Effect status: Known

THE GOVERNMENT

Decree No. 84/2013/ND-CP of July 25, 2013, on development and management of resettlement housing

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Land Law;

Pursuant to the November 29, 2005 Housing Law;

Pursuant to the June 29, 2006 Law on Real Estate Business;

At the proposal of the Minister of Construction,

The Government promulgates the Decree on development and management of resettlement housing.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the development and management of use of resettlement housing for compensation and site clearance when land is recovered by the State for building works for national defense or security purposes or for national or public interests.

2. The development of resettlement housing for construction investment projects funded with loans provided by international organizations with which the Socialist Republic of Vietnam has reached separate agreements complies with those agreements.

3. This Decree does not govern resettlement housing for households and individuals that have to be relocated from landslide and disaster-prone areas.

Article 2. Subjects of application

This Decree applies to:

1. Households and individuals that have to move from their places of residence when the State recovers land for building works for national defense or security purposes or for national or public interests under approved master plans or plans.

2. Organizations and individuals involved in the development and management of use of resettlement housing.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Resettlement housing means a kind of housing built or purchased to serve the resettlement of the households and individuals specified in Clause 1, Article 2 of this Decree.

2. Project on resettlement housing zone means a housing project which builds synchronous technical and social (if any) infrastructure to serve resettlement.

3. Project on resettlement housing work means an investment project to build apartment buildings or separate houses to serve resettlement.

4. Resettled household or individual means a household or an individual specified in Clause 1, Article 2 of this Decree eligible for purchasing or renting resettlement housing under the land law and this Decree.

5. State-funded construction investment project in need of resettlement housing means a state-funded construction investment project used for national defense or security purposes or for national or public interests which needs resettlement housing for land compensation and site clearance.

6. State budget-originated construction investment project in need of resettlement housing means a build-transfer (BT), build-operate-transfer (BOT) or build-transfer-operate (BTO) project which needs resettlement housing for land compensation and site clearance.

7. Non-state-funded construction investment project in need of resettlement housing means a production, business or service project which is invested by an economic entity with non-state budget funds but its land recovery, compensation and site clearance are conducted by the State.

Chapter II

RESETTLEMENT HOUSING DEVELOPMENT

Article 4. Principles of resettlement housing development

1. Resettlement housing development must conform with approved construction planning; assure synchronous technical and social infrastructure systems; and comply with the laws on housing, land, investment and construction and this Decree.

2. Resettlement housing development must assure that resettled households and individuals have residence, living and production conditions better than or equivalent to their former places of residence.

3. Resettlement housing must conform with construction regulations and standards, assure construction quality and use safety and conform with local culture, customs and habits.

4. In urban areas, construction of separate resettlement projects should be limited while development of social housing projects or purchase of apartments in commercial housing projects and new urban centers for resettlement should be promoted.

Article 5. Planning of resettlement housing zone construction

1. In the course of elaborating, appraising and approving construction master plans, urban master plans, land use master plans and plans, master plans on development of economic zones, industrial parks, export-processing zones and hi-tech zones (below collectively referred to as industrial parks) and rural residential points, People’s Committees of competent levels shall set aside land to meet local resettlement needs. In case the above master plans have not set aside land for resettlement housing, provincial-level Natural Resources and Environment Departments shall, based on local resettlement housing development plans, assume the prime responsibility for, and coordinate with provincial-level Construction Departments or Planning and Architecture Departments in, examining, reviewing and proposing provincial-level People’s Committees to adjust and supplement land use master plans and plans and construction master plans in order to set aside sufficient land for resettlement housing suitable to local specific conditions.

2. For projects to develop new urban centers or housing complexes with resettlement need, to prioritize the arrangement of land for building resettlement housing inside those centers or complexes.

3. For industrial park infrastructure projects in need of resettlement housing, to set aside land for resettlement housing construction in areas planned for construction of housing for industrial park workers or other land areas in localities suitable to local specific conditions and living conditions of resettled households.

Article 6. Planning of resettlement housing development

1. Investors of the projects specified in Clauses 5, 6 and 7, Article 3 of this Decree shall survey the needs for resettlement housing compensation of households and individuals to be relocated (such as location and infrastructure of the resettlement housing zone, type of housing, area, number of houses, time for resettlement) and report them to district-level People’s Committees for summarization and registration of resettlement housing demands.

2. District-level People’s Committees shall report to provincial-level Construction Departments on their localities’ demands for resettlement housing invested from all funding sources, including central budget funds (including total number of houses, structure of house area, total capital and funding sources for resettlement housing). Provincial-level Construction Departments shall summarize and elaborate annual and five-year plans on resettlement housing development and submit them to provincial-level People’s Committees for approval. Plans on resettlement housing development may be incorporated into local housing development programs in accordance with the housing law or made separately based on local specific conditions.

3. Based on approved socio-economic development plans, land use master plans and plans, construction master plans and local housing development programs,  provincial-level People’s Committees shall consider, approve and publicly announce annual and five-year resettlement housing development plans and report them to the Ministry of Construction before October 31 of the year preceding the planning year.

4. For urban areas, the planning of resettlement housing development must be balanced with local social housing development planning.

Article 7. Standards of resettlement housing area

The standards of resettlement housing area conform with current construction regulations and standards and the following provisions:

1. For urban areas:

a/ Resettlement housing being apartment buildings and separate houses in projects must have areas conformable with approved planning;

b/ Resettlement housing being apartments must have areas prescribed by the housing law;

c/ When designing resettlement housing being apartment buildings, it is allowed to arrange part of the area for business and services suitable to practical conditions of each project (after fully meeting the demands for area for common use, area for community activities, including parking area within the project according to current construction regulations and standards);

d/ Resettlement housing being separate houses must meet basic requirements on technical infrastructure and minimum land area set by provincial-level People’s Committees.

2. For rural areas:

Resettlement housing and auxiliary works serving production activities attached to resettlement housing (if any) must ensure minimum land areas set by provincial-level People’s Committees.

Article 8. Forms of resettlement housing development

To develop resettlement housing in the following forms:

1. Direct investment.

2. Investment under build-transfer (BT) contract.

3. Purchase of commercial housing for resettlement.

Article 9. Funding sources for resettlement housing development

1. State budget funds for development investment, funds from construction bonds and government bonds.

2. Official development assistance (ODA) funds and concessional loans from donors.

3. Funds of state budget origin (converted from land use rights);

4. Land development funds, housing development funds.

5. Funds from enterprises and other lawfully raised funds.

Article 10. Investors of projects on resettlement housing zones or resettlement housing works

Selected investors of projects on resettlement housing zones or works must satisfy conditions on legal entity status and financial capacity in accordance with the laws on construction investment, housing and real estate business and the following provisions:

1. For state-invested projects on resettlement housing zones or works, investors to be selected include:

a/ Local specialized project management units;

b/ Land fund development organizations;

c/ State enterprises under the law on enterprises licensed for real estate business.

2. For projects on resettlement housing zones or works invested under BT contracts, the selection of investors complies with Article 12 of this Decree.

3. Investors of the projects specified in Clause 7, Article 3 of this Decree are investors building resettlement housing zones or works to meet their own projects’ resettlement needs.

4. Competence to select investors:

a/ For projects on resettlement housing zones or works for national important projects and works, investors of national important projects and works shall request provincial-level People’s Committees of the localities where the projects are implemented to propose the Prime Minister to select investors of projects on resettlement housing zones or works;

b/ For projects on resettlement housing zones or works invested built with  central and local budget funds, except those provided at Point a of this Clause, provincial-level People’s Committee chairpersons shall select project investors. Based on local specific conditions, provincial-level People’s Committees may authorize provincial-level Construction Departments to select investors for projects of groups B and C.

Article 11. Management of direct investment in construction of resettlement housing zones and works

1. Based on approved plans on resettlement housing development, investment capital for resettlement housing construction may be arranged under separate projects to build resettlement housing for one or many projects in need of resettlement housing.

2. The elaboration, appraisal and approval of projects and investment in construction of resettlement housing zones and works comply with the laws on housing and investment construction, relevant laws and the following provisions:

a/ Based on approved annual and five-year plans on resettlement housing development and investor selection results as prescribed in Article 10 of this Decree, investors of projects on resettlement housing zones or works shall elaborate investment projects;

b/ After reaching written agreement with the Ministry of Construction, provincial-level People’s Committees shall propose the Prime Minister to approve projects on resettlement housing zones or works for national important projects and works;

c/ Provincial-level Construction Departments shall assume the prime responsibility for, and coordinate with related agencies in, appraising projects on resettlement housing zones or works for the projects specified in Clauses 5 and 6, Article 3 of this Decree (except the case provided at Point b of this Clause), and submit them to provincial-level People’s Committees for approval;

d/ Provincial-level Construction Departments shall assume the prime responsibility for, and coordinate with related agencies in, considering and proposing provincial-level People’s Committees to approve investment in projects on resettlement housing zones or works for the projects specified in Clause 7, Article 3 of this Decree for investors to approve the projects in accordance with the laws on construction investment and housing.

3. Advance and retrieval of investment capital for construction of resettlement housing are as follows:

a/ Provincial-level Construction Departments shall summarize resettlement housing demands and based on approved plans on compensation, support and resettlement, plan the allocation of housing and allocation schedule for each resettlement housing project, including projects on resettlement housing for national important projects in their localities, and submit them to provincial-level People’s Committees for approval;

b/ Based on approved plans on allocation of resettlement housing, provincial-level People’s Committees may advance local budget funds for investors of projects on resettlement housing zones or works to implement their projects. Investors, including those of national important projects in need of resettlement housing in localities, having had approved plans on compensation, support and resettlement shall propose provincial-level People’s Committees to approve the advance of funds for construction of resettlement housing zones or works under this Decree;

c/ Investors of projects on resettlement housing zones or works shall retrieve investment capital through the sale and lease of houses to resettled households and individuals or deduction of the money for compensation, support and resettlement receivable by households and individuals upon relocation, for refund to the local budget in accordance with the land law and this Decree.

4. The construction investment management of resettlement housing being separate houses complies with the following provisions:

a/ In rural areas, provincial-level People’s Committees shall direct the construction of houses for resettlement or specify areas with infrastructure permitted for transfer of use land rights for people to build houses on their own under approved construction planning;

b/ In urban areas, provincial-level People’s Committees shall specify areas with infrastructure permitted for transfer of land use rights for people to build houses on their own under planning and the law on urban development investment management.

Article 12. Construction investment management of resettlement housing zones and works built under BT contracts

The construction investment management of resettlement housing zones and works built under BT contracts must comply with the laws on housing and construction investment and the following provisions:

1. State agencies competent to sign and perform BT contracts

a/ For resettlement housing zones or works invested with central and local budget funds, the provincial-level People’s Committee is the state agency competent to sign and perform BT contracts;

b/ The competent state agency specified at Point a of this Clause signing BT contracts is a party to the BT contracts and shall perform the rights, obligations and responsibilities as agreed with investors building resettlement housing zones or works under the BT contracts.

2. Listing of BT projects on resettlement housing development

Based on resettlement housing development plans, land areas for resettlement housing development and land areas for swapping to investors performing BT contracts on resettlement housing in localities (below referred to as BT investors), provincial-level Construction Departments shall make a list of BT projects, submit it to provincial-level People’s Committees for approval, publicly announce it for investors to make registration and concurrently report it to the Ministry of Construction.

3. BT investors

BT investors include organizations and individuals prescribed by the Investment Law that fully meet the following conditions:

a/ Being licensed for real estate business as prescribed by law;

b/ Being financially capable to implement projects under the laws on housing and real estate business.

4. The selection of BT investors complies with the law on investment under BT contracts and the following specific provisions:

a/ After reaching written agreement with the Ministry of Construction, provincial-level People’s Committees of localities where projects on resettlement housing zones or works are implemented shall propose the Prime Minister to select BT investors of projects on resettlement housing zones or works for national important projects or works;

b/ Provincial-level People’s Committee chairpersons shall select BT investors of resettlement housing zones or works in localities invested with central and local budget funds, except those provided at Point a of this Clause.

5. Responsibilities and rights of BT investors

a/ After signing BT contracts, BT investors shall use their own funds to make compensation and site clearance and implement projects on resettlement housing zones or works under approved projects and BT contracts. Investors shall conduct pre-acceptance inspection and hand over land areas with infrastructure or resettlement housing to competent state management agencies having signed BT contracts;

b/ BT investors may get refund in budget capital or land use rights when implementing projects and other lawful funding sources or assets corresponding to the capital amount invested in the areas of land for infrastructure or resettlement housing construction which BT investors have transferred to the competent state management agencies specified at Point a of this Clause.

Article 13. Purchase of commercial housing for resettlement

1. Based on the approved plan on allocation of resettlement housing, the investor of a resettlement housing zone or work selected by a competent authority provided in Clause 1, Article 10 of this Decree may purchase for resettlement purpose commercial housing under projects on new urban centers or housing areas according to the following provisions:

a/ The investor of the resettlement housing zone or work is assigned to prepare the land area for resettlement housing and plan the purchase of commercial housing for resettlement, specifying the locations and number of houses, expected purchase price and handover schedule, for submission to the provincial-level People’s Committee for approval;

b/ Purchase prices of commercial housing for resettlement are proposed by organizations having houses and land on sale according to the following principles:

- In case land for housing construction is directly managed or compensated by the State, the purchase price of housing includes housing construction investment expenses, loan interests (if any), other lawful expenses and a profit of 15% at most;

- In case the investor makes compensation for land for housing construction, the purchase price of housing includes compensation and site clearance costs, housing construction investment expenses, loan interests (if any), other lawful expenses and a profit of 10% at most. In case the investor has to pay land use levy to the State, the purchase price of housing includes also the land use levy.

c/ Provincial-level Construction Departments shall assume the prime responsibility for, and coordinate with related agencies in, appraising plans to purchase commercial housing for resettlement and purchase prices prescribed at Points a and b of this Clause for submission to provincial-level People’s Committees for approval.

2. For investors having demand for resettlement housing provided in Clauses 5 and 6, Article 3 of this Decree that directly purchase commercial housing for resettlement, the order and principles provided in Clause 1 of this Article apply.

3. The Ministry of Construction shall specify the order and procedures for purchase of commercial housing for resettlement.

Article 14. Construction quality management of resettlement housing works

1. The following organizations and individuals shall organize the construction quality management of resettlement housing works in the project implementation process in accordance with this Decree suitable to the characteristics and sizes of the works; funding sources for and form of investment in work construction; and forms of project management and construction contracts:

a/ Investors, for resettlement housing built in the form of direct investment;

b/ State agencies competent to sign and perform BT contracts, for resettlement housing built under BT contracts;

c/ Investors building commercial housing for resettlement.

2. Persons making investment decisions shall organize the appraisal and approval of investment projects to build resettlement housing zones or works and inspect the project implementation in accordance with the law on management of construction investment projects.

3. Organizations and individuals engaged in resettlement housing construction activities must fully satisfy prescribed conditions, have capacity relevant to construction jobs and quality control systems, and take responsibility before law and the organizations and individuals specified in Clause 1 of this Article for the quality of their construction jobs.

4. The survey, designing, construction and pre-acceptance inspection of works must comply with the law on construction work quality management.

5. Works may receive pre-acceptance inspection for use only when meeting design requirements, technical regulations and standards applicable to resettlement housing works and other requirements of the organizations and individuals specified in Clause 1 of this Article.

6. For households and individuals building resettlement housing under Clause 4, Article 11 of this Decree, investors of resettlement housing zones shall guide the planning, design and construction regulations and standards for people to organize construction and supervision to assure housing construction quality and schedule.

7. Construction state management agencies of all levels shall guide and inspect the quality management by organizations and individuals engaged in construction of resettlement housing works; inspect the quality of resettlement housing works; and propose and handle violations of the quality of resettlement housing works in accordance with law.

Chapter III

SALE, LEASE AND USE MANAGEMENT OF RESETTLEMENT HOUSING

Article 15. Buyers, prices and mode of sale of resettlement housing

1. Eligible buyers and sale prices of resettlement housing

a/ The households and individuals specified in Clause 1, Article 2 of this Decree having the demand may purchase resettlement housing;

b/ The sale price of resettlement housing complies with the plan on compensation, support and resettlement of each project, the law on compensation and site clearance and the following provisions:

- The sale price of apartments must include the funds for maintenance of the facilities under common ownership which equal 2% of the sale price of apartments in accordance with the housing law;

- Households and individuals that are allocated land with technical infrastructure works to build houses shall pay land use levy under regulations.

2. Mode of sale of resettlement housing

Resettlement housing must be sold under commercial housing sale contracts the form of which is provided by the Ministry of Construction.

3. Provincial-level People’s Committees shall publicly announce lists of local resettlement housing projects and sale prices and rent rates of resettlement housing and social housing for resettled households to select and register their purchase or rent.

4. The sale of resettlement housing to households and individuals under this Decree is not required to go through real estate trading floors.

5. The households and individuals specified in Clause 1, Article 2 of this Decree that need to purchase, rent or rent-purchase social houses rather than resettlement housing will receive priority and best conditions to purchase, rent or rent-purchase social houses in localities.

Article 16. Order of sale and handover of resettlement housing

1. Based on the decision approving the plan on compensation, support and resettlement (including the list of resettled households and individuals, locations of resettlement housing), the commune-level People’s Committee shall post up such plan at its office and the public gathering place of the area where land is recovered.

2. Based on the approved plan on allocation of resettlement housing under Point a, Clause 3, Article 11 of this Decree and the list of resettled households and individuals sent by the district-level People’s Committee, the investor of resettlement housing shall notify resettled households and individuals to sign contracts on house purchase and sale and transfer of land use rights, and report such to the provincial-level Construction Department in accordance with the laws on housing and land and this Decree.

3. The resettlement housing investor shall hand over houses to resettled households and individuals strictly according to housing sale contracts.

Article 17. Eligible lessees, rates and mode of rent of resettlement housing

1. The households and individuals specified in Clause 1, Article 2 of this Decree that need to rent resettlement housing may do so.

2. Rent rates of resettlement housing:

a/ For state-invested resettlement housing, the provincial-level housing management agency shall, based on the Ministry of Construction’s guidance on methods of determining rent rates for resettlement housing, set rent rates and submit them to the provincial-level People’s Committee for promulgation;

b/ For non-state invested resettlement housing, the investor of resettlement housing shall, based on the Ministry of Construction’s guidance on methods of determining rent rates for resettlement housing, decide to issue or adjust housing rent rates;

c/ The Ministry of Construction shall specify the methods of determining rent rates for resettlement housing.

3. Mode of lease of resettlement housing

The lease of resettlement housing must be made under contracts the form of which is provided by the Ministry of Construction.

Article 18. Order of lease and handover of resettlement housing

1. Based on the decision approving the plan on compensation, support and resettlement and the approved plan on allocation of resettlement housing provided in Clauses 1 and 2, Article 16 of this Decree, the investor of resettlement housing shall notify the subjects specified in Clause 1, Article 17 of this Decree of the conclusion of contracts on lease of resettlement housing.

2. The investor of resettlement housing or the enterprise authorized by the investor to manage and operate resettlement housing shall sign house lease contracts with resettled households and individuals. These contracts must have a term of at least 3 years and be enclosed with the Regulation on management of houses on lease issued by the investor under the Ministry of Construction’s guidance.

3. Lessees shall pay rents to lessors at the rates stated in house lease contracts. Rents shall be paid monthly or as agreed by the two parties but at least once a year.

4. Before a three-month lease contract expires, a lessee that does not breach the contract may sign a new lease contract or extend the old one.

5. The lessor may only sign a house lease contract after completing construction investment, handing over houses for use and being certified by a competent agency to satisfy conditions on assurance of safety, prevention and control of fire and explosion under the law on construction work quality management. The lessor shall hand over the house to the lessee under the house lease contract. The house handover must be made in a record signed by the two parties.

Article 19. Management of use of resettlement housing

1. The management of use of resettlement housing must comply with the law on management of use of apartment buildings, the housing law, this Decree and relevant laws.

2. The management of use of resettlement housing being apartment buildings adheres to the following principles:

a/ An investor that builds an apartment building shall take responsibility before law for the management and operation of that building (through its attached unit or hiring an enterprise licensed to manage and operate apartment buildings under a contract). In case of purchasing commercial housing for resettled households and individuals, the enterprise currently operating those houses shall manage and operate resettlement housing;

b/ Business and services in apartment buildings:

- In case a number of apartments or floors in a commercial apartment building are used for resettlement, the investor of that building is encouraged to prioritize resettled households and individuals in exploiting the area for business and services through auction if their bids equal the bids of other households in that building;

- In case resettlement houses are built in the form of direct investment, the investor of those houses may set aside no more than two-thirds of the area for business and services for lease to resettled households and individuals (if they have the demand) through auction on the principles of publicity and transparency in order to generate employment for resettled households and individuals.

3. Resettlement housing in rural areas must be managed according to the principles of assurance of environmental sanitation and fire prevention and control; observance of rules on cultured and civilized lifestyle of communities; management, repair and maintenance of infrastructure works, and gradual improvement of living conditions of resettled households and individuals in rural areas.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 20. Responsibilities of the Ministry of Construction

1. To assist the Government in performing the uniform state management of resettlement housing nationwide.

2. To study and propose competent authorities to promulgate or promulgate according to its competence the guidance on provisions of this Decree.

3. To guide the elaboration of construction master plans, plans on resettlement housing development and standards of resettlement housing area; to guide the implementation of policies on resettlement housing (construction investment management, management of sale and lease of houses; management of use of resettlement housing).

4. To summarize annual and five-year plans on resettlement housing development of specialized ministries and localities for reporting to the Prime Minister.

5. To examine, inspect and urge the development and management of resettlement housing under this Decree.

6. To annually and irregularly report to the Government and the Prime Minister on the implementation of this Decree nationwide.

Article 21. Responsibilities of related ministries and sectors

1. The Ministry of Planning and Investment:

a/ To assume the prime responsibility for, verify and grant investment certificates to BT investment projects on construction of resettlement housing zones or works;

b/ To assume the prime responsibility for, and coordinate with related sectors in, guiding investment incentives for resettlement housing.

2. The Ministry of Finance:

a/ To guide regulations on project preparation expenses and use of operational expenses by competent state agencies in the course of project management; financial expenditures, conditions and mode of payment for investors performing BT contracts to build resettlement housing zones or works;

b/ To assume the prime responsibility for, and coordinate with related sectors in, guiding incentives related to policies on finance and taxes and other incentives for resettlement housing.

3. The Ministry of Natural Resources and Environment:

To examine, urge and guide localities in reviewing, adjusting and supplementing land use master plans and plans and preparing land for construction of resettlement housing.

4. Related ministries and sectors:

a/ Annually and every five years, to register their needs for resettlement housing with provincial-level People’s Committees and concurrently report such to the Ministry of Construction;

b/ To coordinate with provincial-level People’s Committees in reviewing, adjusting and supplementing construction master plans and land use master plans and plans for arrangement of land for local resettlement housing funded with the central budget.

Article 22. Responsibilities of provincial-level People’s Committees

1. To direct the survey of and summarize the needs for resettlement housing; to direct the elaboration of, and approve, annual and five-year local plans on resettlement housing development and report them to the Ministry of Construction.

2. To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction and specialized ministries in, reviewing, adjusting or supplementing land use master plans and plans for arrangement of land for resettlement housing funded with the central budget.

3. To decide on or decentralize the selection of investors, to decide on the selection of BT investors and the conclusion of BT contracts; to direct the elaboration, appraisal and approval of local projects on resettlement housing zones and works using state budget funds.

4. To specify the order and procedures for the purchase, sale and lease of resettlement housing; to direct the management and inspection of the purchase, sale and lease of resettlement housing.

5. To specify mechanisms to encourage all economic sectors to develop resettlement housing; to provide the management of use of local resettlement housing.

6. To direct the examination, inspection and handling of violations related to resettlement housing development and purchase, sale, lease and management of use of local resettlement housing.

7. To annually review and assess implementation results for reporting to the Ministry of Construction.

Article 23. Implementation provisions

1. Transitional handling:

For resettlement housing projects which were elaborated and submitted for approval or for investment approval before the effective date of this Decree but have not been approved or not obtained investment approval, or have been approved or obtained investment approval but their investors propose change of project contents, the elaboration, appraisal and approval of projects, approval of investment and implementation of the following steps must comply with this Decree, ensuring synchronicity and effectiveness of projects and lawful interests of involved parties.

2. This Decree takes effect on September 30, 2013.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

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