Quyet Dinh (Decision) 123/2001/QD-UB
This is the legal document approved by People’s Committee of Hanoi promulgate in English (translated from Vietnamese), regulating the development of New Urban Area, which was in active in 2001.
|PEOPLE’S COMMITTEE OF HANOI
|SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
|No .: 123/2001 / QD-UB||Hanoi, December 6, 2001|
“PROVISIONS OF THE BOARD OF MANAGEMENT PRACTICES NGUYªN INVESTMENT AND BUILDING NEW URBAN, RENOVATION, REPAIR RESIDENTIAL AREAS IN HANOI”
PEOPLE’S COMMITTEE OF HANOI CITY
Pursuant to the Law on Organization of the People’s Councils and People’s Committees;
Pursuant to the Land Law;
Pursuant to the Ordinance on Hanoi Capital;
Pursuant to Decree No. 88 / CP of August 17, 1994 of the Government on the management of urban land;
Pursuant to the Government’s Decree No. 52/1999 / ND-CP of July 8, 1999 and the Government’s Decree No. 12/2000 / ND-CP of May 5, 2000 promulgating the Regulation on Investment and Construction Management;
At the proposal of the director of the provincial / municipal Planning and Investment Service, the director of the Land Administration and Housing Service and the chief architect of the city.
Article 1.- To promulgate together with this Decision the Regulation on management of investment in and construction of new urban centers, renovation and repair of houses in Hanoi.
Article 2.- This Decision takes effect 15 days after its signing.
Article 3 : Chief of Office of People’s Council and People’s Committee, Directors of Departments, Departments of the city; Presidents of the People’s Committees of the districts, organizations and individuals concerned shall be responsible for the implementation of this Decision.
|FOR THE PEOPLE’S COMMITTEE OF HANOI CITY
CHAIRMAN CHAIRMANHoang Van Nghien
PRINCIPLES OF MANAGEMENT OF INVESTMENT AND CONSTRUCTION OF NEW URBAN, RENOVATION, REPAIR RESIDENTIAL AREAS IN HANOI
(Issued together with Decision No. 123/2001 / QD-UB on 6/12 / 2001 of Hanoi People’s Committee)
Article 1.- This Regulation prescribes the financial principles in the management of investment and construction, renovation of urban centers, embellishment and embellishment of streets in the city; To ensure the feasibility and publicity in the development planning and plan in order to mobilize all the financial, technological and urban management potentials of organizations and citizens to participate in the construction of the Capital.
Article 2 .- The State management bodies and administrations at all levels shall base themselves on the principles stated in this Regulation to determine the conditions and capability for implementation organization, mode of business and time of completion of projects; To guide, inspect and urge investors to organize the implementation of projects; At the same time, the responsibilities of the State to the investor in the project implementation as well as the responsibility of the investor to the State, the people subject to land recovery and those who have demand for housing and residential land .
Article 3 : When a project with more than one registered investment wants to participate, the Department of Planning and Investment shall guide and organize the bidding in order to select suitable investors.
Article 4 .- Investors organizing investment projects on construction of new urban centers, renovation or repair of houses assigned to act as investors must be units and organizations having the legal person status and capacity Organizing, mobilizing and gathering other investors to participate in the project implementation and having sound financial conditions; To take responsibility before law for the management, management and implementation of projects in accordance with the contents attached to the decision of the City People’s Committee when assigning the task of the investor.
INVESTMENT IN BUILDING NEW URBAN AREAS
Article 5 .- The new urban centers must be built on the basis of the detailed planning approved and synchronized urban infrastructure (roads, electricity, water supply and drainage, information, housing, schools and hospitals, hotels, entertainment centers, service shops, car parks, etc.) as well as establishments providing administrative and public safety activities …, ensuring organizations and individuals Eligible to create a stable life, live, work and communicate conveniently.
Article 6 :
- The City People’s Committee directs specific contents to study, plan and implement new urban areas.
Annually, basing itself on the socio-economic development plan and the general planning of the capital city, the city’s chief architect shall compile the requirements and propose the plan for detailed planning of new urban centers and newspapers. City People’s Committee to put into implementation plan.
- The chief architect is responsible for mobilizing professional bodies, professional organizations and specialists involved in the planning of urban areas.Businesses, investors are also proposed planning that they wish to study.
- The chief architect of the city, the Department of Planning and Investment shall organize the delivery of detailed planning approved to organizations having the legal status of being assigned to act as investors in accordance with the decision of the City People’s Committee.When receiving urban construction plannings, investors shall have to refund the funding for elaboration and evaluation of plannings into the State budget.
- After being assigned the task, the investor shall have to set up a model to organize the construction according to the approved planning;Let the State agencies, administrations at all levels and people inspect and supervise the implementation.
- City People’s Committee publicly announces approved urban planning, urban development plan, and conditions for implementing the project in the Economics – Urban Newspaper and the mass media. to call for investment.
- The planning of new urban areas according to the specific terrain must ensure a reasonable space, creating a street surface for the main traffic axes and the regional roads, and at the same time ensure the necessary ventilation between the houses. living in a residential area.The structure of land use must ensure:
– Approximately 60% for high rise building (mainly 9 storeys or more)
– Approximately 40% of villas, garden houses, no dividers for construction of pipeline.
- High-rise houses must meet architectural and construction standards and have a variety of acres for each apartment;1st floor for ventilation, mainly for public service purposes, serving residents of the area.
The high rise apartment building on the main street, the lower floor is arranged as a shop, commercial center, transaction office …
Article 8.- Principles for use of dwelling house and residential land funds after the construction of technical infrastructures
For infrastructure projects, construction of housing for sale, the investor must spend 20% of the land fund (or 30% of the house fund) to supplement the city housing fund.
The remaining area (80% of residential land, or 70% of floor area) is allowed to trade but must be sold 50% to agencies and organizations that need housing at prices. The remaining 50% will be sold at market price.
Article 9: Main contents of the decision approving the project
Apart from complying with the Regulation on investment and construction management, the project approval decision must clarify the following principal contents:
– The construction items shown in the planning.
– The requirements of the project.
– Conditions and policies to ensure the implementation of the project.
– Duration of project implementation.
– Solutions to create conditions for stabilizing the people’s life.
– Rights and obligations of investors and responsibilities of government.
– The regulations on the responsibilities and interests of the investor and the responsibilities of the State agency are included in the investment decision and in the process of organizing the implementation of the project.
– Provisions on handling when the investor breaches one of the above conditions.
– Responsibilities of investors for organization of operation and maintenance of urban areas shall comply with the regulations of the State and the City, ensuring safety, security and environmental sanitation.
Article 10: Regulations on buying and selling houses and land with infrastructure
The sale must be signed by civil contract, in accordance with the law, certified by the local authorities.
The city’s managing agencies shall grant or change the names of papers on the ownership of dwelling houses, the right to use residential land, the household registration, electricity and water purchase contracts … to be implemented on the spot , within 36 hours.
ON INVESTMENT IN CREATING COLLECTIVE HOUSES
Article 11: Main contents of the renovation and construction in collective dwelling houses
- The initial provisions on the improvement of collective dwelling houses shall be considered comprehensively in order to:
– To invest in the reconstruction of a civilized urban area and synchronous urban infrastructure directly connected with adjacent residential areas.
– Improvement of living space for each individual staff, the area of the apartment is many but not less than 35 m2 .
– Resettled people live in the area after reconstruction.
– There is a form for the people to contribute capital, or buy more space after construction.
– High-rise builders do not have an apartment on the first floor (ground), but leave empty space or organize services for residents in the area.
– The economic options, mechanisms and policies need to ensure both improving the housing for the people, while ensuring conditions for the implementation of the investor, the mechanism of supervision of the government, the conditions of the contract, resettlement.
- After the investment project is appraised, the City People’s Committee decides to approve the project, assigns the investor and functional agencies to renovate and rearrange the collective housing according to the plan. and specify the implementation schedule, the deadline for completion of the project.
- All organizations and enterprises that have the legal person status to build and trade in houses may participate in the investment in renovating part or whole of the project.
ON INVESTMENT AND CONSTRUCTION OF NEW ROUTES AND TRANSFORMERS
- When plannning the road, renovating the old street, it is necessary to plan the street side and the road construction planning on each side of the road to ensure that the urban infrastructure in the area with adjoining quarters, To rearrange the population density appropriate to the technical and social infrastructures, renovate the landscapes and beautify the city.
The planning and construction management architectural offices and the presidents of the People’s Committees of the districts shall have to guide, organize the inspection and handling according to the provisions of law so as to ensure the proper implementation of the approved planning. .
- The City’s People’s Committee creates conditions for the land users to be legally discharged to construct roads and streets to be resettled directly into the apartments after the construction is complete, which is equal to the amount of compensation damage (or to be paid home).
- Basing themselves on the approved and publicized plannings, the investors shall formulate projects according to the form selection suitable to their capabilities and take the initiative in organizing the project implementation according to schedule. Conditions under the specific decision of the City People’s Committee.
Article 13 .- For streets which have been stably formed, but fail to ensure the urban order and beauty, violate the regulations on environmental protection and safety in urban management, the People’s Committee City plans to renovate, renovate.
The chief architect of the city and the chairmen of the people’s committees of the districts agree on detailed planning and boundaries of the works; mandatory repair items, street fitting requirements, and architectural and planning requirements. If the works are public-utility works, the provincial / municipal Planning and Investment Services shall work out annual repair plans and at the same time publicize the lists and plans for implementation of these projects so as to call for investors; If the item is under private ownership, the Chairman of the People’s Committee of the district will directly manage, guide and organize the implementation of the people.
Article 14 : The City People’s Committee encourages investors to build joint projects from adjacent works through the contribution of capital and contribute land to build new works in accordance with the planning, Then split the ownership by agreement when making capital contribution, bringing benefits to both investors and people.
The Department of Land Administration and Land shall be responsible for the procedures for the immediate issuance of documents to ensure the legality of such assets.
Article 15 : Tasks of embellishing and renovating streets
From 2002 to 2010, the regulations are as follows:
In 2002, each district selected at least one street for embellishment and renovation: from 2003 onwards, at least 3 streets or more will be renovated or renovated.
The City Chief suggested the individual indicators for each street. The Department of Planning and Investment announces and invites investors to formulate a project to include in the plan any renovation.
The Chairman of the People’s Committee of the district directly directs the work of organizing street improvements and improvements.
ORGANIZATION OF IMPLEMENTATION
Article 16: Responsibilities of branches and levels
- Department of Planning and Investment
– To work out plans for development of new urban centers and houses, urban technical systems and planning for new urban centers.
– Draft the regulation on the criteria for selection of project investors and sanctions for investors when they are assigned to implement the projects. Management of project bidding, publicity of investment procedures, investment projects on building and renovating houses.
- Chief Architect
– To direct the implementation, implementation and planning of new urban centers, renovate and build collective houses and streets.
– Complete the regulation on management of architectural planning in the city.
- Department of Construction
– Quality management of construction works, management of construction paper.
– Complete regulations on management of investment and construction of new urban areas.
- Department of Land Administration
– Guiding the organization of implementation of land use planning and planning.
– Draft regulations on management, operation and use of apartment housing.
– To complete regulations on management of investment in housing development (according to the Government’s Decree No. 71/2001 / ND-CP), focusing on regulations on house sale, installment payment.
– Make plans, projects on renovating and repairing houses (including dangerous houses).
– For the renovation and repair of old dormitories: the Land Administration, Housing and Land Services shall have to study and evaluate the current situation of dwelling houses, population and infrastructure works in the area; To propose general mechanisms and policies and characteristics of each zone, propose renovation plans; detailed planning and investment calling model.
- Department of Communications and Public Works
To assume the prime responsibility for, and coordinate with the Planning and Investment Service in, planning and organizing one step ahead of setting up key infrastructure projects in service of urban development. and residential areas.
- District People’s Committees
– Select streets for embellishment and renovation according to planning and architecture.
– Coordinate with the Land Administration, Housing and Land Service in making annual plans on repairing, building new collective houses and urban areas.
– Direct the organization of ground clearance work according to regulations.
Article 17 : In the process of implementing organization of the project construction, renovation and repair of houses, Department of Planning and Investment shall sum up the problems, reports the MPC considered to complement and amendments.