Decree No. 35/2023/ND-CP amending regulations in the field of construction in Vietnam? What are the principles of implementing administrative procedures in construction regulations?
Has there been Decree No. 35/2023/ND-CP amending regulations in the field of construction in Vietnam?
On June 20, 2023, the Government issued Decree No. 35/2023/ND-CP amending and supplementing Decrees in the field of state management of the Ministry of Construction of Vietnam.
According to that, the Decree has amended and supplemented many important contents in the field of construction.
At the same time, the following Decrees are annulled in whole or in part:
- Annulling Decree No. 42/2009/ND-CP dated May 7, 2009 of the Government on urban classification.
- Annulling Clause 3, Article 8 of Decree No. 02/2022/ND-CP dated January 6, 2022 of the Government detailing the implementation of a number of articles of the Law on Real Estate Trading.
In addition, Decree No. 35/2023/ND-CP has many important contents, including:
(1) The small-scale land lot specified in the clause is detailed planning according to the shortened process
Applies to the following contents:
- For urban planning
+ For conditions for small-sized land lots: Article 1 of Decree No. 35/2023/ND-CP has amended and supplemented conditions for small-sized land lots in Clause 4, Article 14 of Decree No. 37/2010/ND-CP as follows:
+ The formulation of urban planning according to the shortened process under Clauses 4a, 4b, 4c and 4d is added after Clause 4, Article 14 of Decree No. 37/2010/ND-CP.
- For planning for construction of specific functional areas
+ Conditions for small-sized land plots comply with Article 5 of Decree No. 44/2015/ND-CP as amended and supplemented by Article 2 of Decree No. 35/2023/ND-CP
+ The elaboration of detailed construction planning according to the shortened process shall be carried out according to the provisions of 5a, 5b, 5c, 5d, 5d which are added after Clause 5, Article 10 of Decree No. 44/2015/ND-CP.
(2) Competent state agencies shall make, appraise and approve detailed planning according to a shortened process (referred to as the general ground planning process) in case the area is renovated, to rebuild apartment buildings and apartment complexes with a land area of less than 02 hectares.
(3) The adjustment period for the construction permit is within 20 days. A dossier of application for modification of a construction operation permit includes:
+ An application for modification of a construction operation permit.
+ Documents evidencing the contents of the proposed adjustment. Documents must be translated into Vietnamese and authenticated in accordance with Vietnamese law.
Decree No. 35/2023/ND-CP amending regulations in the field of construction in Vietnam? What are the principles of implementing administrative procedures in construction regulations?
Amending regulations on selling prices of old state-owned houses?
Pursuant to Clause 5, Article 5 of Decree No. 35/2023/ND-CP amending regulations on selling prices of state-owned old houses as follows:
- The house rent is determined based on the residual value of the house and the use value adjustment coefficient; The residual value of the house is determined according to the ratio of the remaining quality of the house multiplied by (x) the standard price of the newly built house promulgated by the People's Committee of the province, effective at the time of signing the sale and purchase contract and multiply (x) by the usable area of the house.
- For villas with many households that have a common area, this common use area is allocated according to the house use rate (m2) for each household. For grade IV houses that tenants have demolished and rebuilt before the effective date of this Decree, the residual value of this house is calculated as zero (zero).
- For grade I, grade II and grade III houses that the lessee has demolished or rebuilt before the effective date of this Decree, the residual value shall be determined according to the current state at the time of arrangement as stated in the decisions, documents on distribution, arrangement or in the housing lease contract or according to the time of using the house as determined according to the prescribed documents.
- In case the documents specified in this Clause indicate the housing grade but the remaining quality is not recorded, the remaining quality ratio shall be equal to 50% of the value of that house grade; if the housing grade is not specified, the remaining quality ratio shall be equal to 50% of the value of the grade III house as a basis for calculating the house selling price.
What are the principles of implementing administrative procedures in the field of construction in Vietnam?
Pursuant to Article 14 of Decree No. 35/2023/ND-CP as follows:
Principles of implementing administrative procedures in the field of construction
1. The receipt of dossiers and handling of administrative procedures in the field of construction shall be carried out as follows:
a) Organizations and individuals that make, submit dossiers and request for settlement of administrative procedures shall take responsibility before law for the legitimacy, accuracy and truthfulness of dossier contents and documents to the competent state agency;
b) The application-receiving agency is responsible for checking the validity of the application and is not required to submit additional documents other than those in the dossier as prescribed in current legal documents;
c) Agencies or persons competent to handle administrative procedures are only responsible for the contents of comments, appraisal, approval or other procedures related to the construction sector as prescribed by law; is not responsible for the contents that have been previously approved, appraised, approved or resolved by other competent agencies or persons.
2. Dossier may be sent in one of the following forms:
a) Direct sending;
b) Through the postal service;
c) Send files containing electronic copies of original file components through online public services. In case the file contains large file components that cannot be sent through online public services, it shall be sent directly or via postal service.
3. If the application form, declaration, and dossier components contain provisions on information already in the national population database or specialized database, this information is replaced by the personal identification number or the specialized code shown in the application form or declaration when the national population database or specialized database is operated.
Thus, administrative procedures in the construction sector are carried out according to the above-mentioned principles.
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