Resolution No.33/2008/NQ-CP dated December 31,2008 of the Goverment on pilot application of a number of administrative procedures for construction investment in projects on new urban centers, residential areas and technical infrastructure of industrial parks

RESOLUTION

ON PILOT APPLICATION OF A NUMBER OF ADMINISTRATIVE PROCEDURES FOR CONSTRUCTION INVESTMENT IN PROJECTS ON NEW URBAN CENTERS, RESIDENTIAL AREAS AND TECHNICAL INFRASTRUCTURE OF INDUSTRIAL PARKS

Recently, the Government has concentrated on directing the implementation of many measures to simplify cumbersome administrative procedures with a view to accelerating the implementation of construction investment projects and making positive improvements in construction investment management. However, in reality, administrative procedures for construction investment, especially those applicable to projects on new urban centers, residential areas and technical infrastructure of industrial parks remain complex and time-consuming.

In order to further reform administrative procedures, reduce formalities and time required for completing procedures and improve the effectiveness of management of and investment in the aforesaid three types of projects, the Government resolves:

Article 1. To apply on a pilot basis a number of administrative procedures for construction investment in projects on new urban centers, residential areas and technical infrastructure of industrial parks.

1. Regarding procedures for elaborating, evaluating, approving and adjusting detailed construction plans:

a/ For areas without approved l:2.000-scale detailed construction plans, local administrations shall expeditiously organize the elaboration of these plans to serve as a basis for the investment in the projects. If investment decisions have been issued but no 1:2.000-scale detailed construction plans are available, provincial-level People's Committees may authorize investors to elaborate and submit these plans for approval under regulations. Local administrations shall assign architectural and planning tasks, contents and norms to investors for use as a basis for the elaboration, evaluation and approval of plans, and at the same time collaborate with and assist these investors in elaborating these plans under law. Investors authorized to elaborate plans may be prioritized to act as investors of planned projects.

Plan-evaluating agencies shall examine and reply on the completeness and validity of dossiers within 5 working days. In case of incomplete or invalid dossiers, evaluating agencies shall provide written guidance for investors to complete their dossiers under regulations. The supplementation of dossiers may be made only once. The time limit for evaluation and approval of a l:2,0(X)-scale detailed construction plan is 30 working days.

Based on practical conditions, investors may propose local administrations to allow them to elaborate only 1:500-scale detailed construction plans suitable to sizes of planned land plots, but not both 1:500 and l:2.000-scale ones.

b/ Regarding the gathering of comments of concerned agencies upon evaluation of 1:500-scale detailed construction plans:

After finalizing 1:500-scale plans, investors shall submit plan dossiers to competent local state management agencies, which shall subsequently gather comments of concerned state management agencies for plan evaluation and approval. Within 30 working days after complete dossiers are submitted by investors to competent local state management agencies, local administrations shall complete the plan evaluation and approval and issue approval decisions to investors. If major contents of these plans are changed under new requirements, competent agencies shall collaborate with investors in supplementing and finalizing the dossiers within 30 working days.

c/ Regarding adjustment of construction plans:

For areas with 1:2.000-scale detailed construction plans, if investors propose in 1:500-scale detailed construction plans of projects new details different from the approved 1:2.000 ones, competent agencies shall consider and examine these proposals and. if considering these proposals well-grounded, issue written consents to or decisions approving these l:500-scale detailed construction plans. Written consents or approval decisions shall be regarded as documents on partial adjustment and investors are not required to carry out procedures for adjusting the whole of the approved l:2.000-scale detailed construction plans. The time limit for issuing written consents or approval decisions is 15 working days.

2. Regarding procedures for evaluating and approving environmental impact assessment reports

In order to reduce formalities, time and costs for investors, environmental impact assessment reports are allowed to be made as an integral part of investment projects. Environmental impact assessment will be conducted upon evaluation of l:500-scale detailed construction plans and post-investment inspection of projects. Project investors shall take full responsibility for attaining the State's environmental standards.

3. Regarding procedures for land allocation, land lease and land use levy collection:

In order to simplify procedures and redress irrationalities in land allocation, land lease and land use levy collection, local administrations may grant land use rights certificates directly to owners of houses and construction works attached to land instead of granting land use rights certificates for the whole projects to class-1 investors.

Class-1 investors may remit land use levies according to the project implementation schedule, starting from the date they are allowed to receive first installment payments from registered customers under the Housing Law. the Real Estate Business Law and relevant laws. If local administrations hand over clear grounds to investors, these investors shall remit land use levies within 3 months after receiving these grounds.

4. Regarding procedures for obtaining consent to the height of construction works:

Investors are no longer required to carry out procedures for obtaining consent to the height of each of their construction works. The Ministry of Defense is tasked to convert the requirement on consent to the height of construction works set forth in Document No. 3803/BQP of July 28.2006. into provisions of a decree on management of heights of air traffic obstacles and battlefields for airspace management and defense, allowing defense authorities to give their opinions when taking part in the evaluation of general construction plans and abolishing the requirement on obtaining consent to each construction work.

5. Regarding procedures for granting investment certificates for domestic investment projects:

Domestic investment projects on new urban centers, residential areas and industrial parks are subject only to investment registration and their investors are not required to obtain investment certificates. Investment sub-projects in new urban centers and residential areas are not subject to both investment registration and investment certification procedures.

6. Ministries, ministerial-level agencies and local administrations at all levels are assigned to review documents which they have issued and take measures to remove obstacles in relevant administrative procedures: abolish regulations on procedures which are contrary to the Government's regulations and this Resolution; and prohibit their cadres and civil servants who directly carry out procedures from imposing arbitrary formalities contrary to regulations.

Article 2. Organization of implementation

This Resolution takes effect 15 days after its publication in "CONG BAO."

The Construction Ministry shall oversee and assess the implementation of this Resolution, report it to the Prime Minister, and propose necessary amendments and supplements to relevant legal provisions.-