What are procedures for decision on investment and decision on developers for official housing investment and construction projects in Vietnam from August 1, 2024?
What are procedures for decision on investment and decision on developers for official housing investment and construction projects in Vietnam from August 1, 2024?
Based on Clause 2 Article 27 of Decree 95/2024/ND-CP stipulating the procedures for decision on investment and decision on developers for official housing investment and construction projects in Vietnam:
(1) Projects where the Prime Minister of the Government of Vietnam decides on the investment guidelines:
For projects where the Prime Minister of the Government of Vietnam decides on the investment guidelines, the Ministry of Construction assigns a housing management agency under its management to prepare the dossier as stipulated in Clause 1 Article 27 of Decree 95/2024/ND-CP, organize the appraisal of the feasibility study report of the project according to construction law, and complete the dossier to submit to the Prime Minister of the Government of Vietnam for consideration, investment decision, and decision on developers.
The time for the Prime Minister of the Government of Vietnam to consider, decide on the investment, and decide on the project investor is a maximum of 15 days from the date the Prime Minister of the Government of Vietnam receives sufficient valid dossiers;
(2) Projects where the Minister of Defense or the Minister of Public Security decides on the investment guidelines:
For projects where the Minister of Defense or the Minister of Public Security decides on the investment guidelines, the specialized agency under the Ministry of Defense or the Ministry of Public Security is assigned to prepare the dossier as stipulated in Clause 1 Article 27 of Decree 95/2024/ND-CP, organize the appraisal of the feasibility study report of the project according to construction law, and complete the dossier to report to the Minister of Defense or the Minister of Public Security for consideration, investment decision, and decision on developers.
The time for the Minister of Defense or the Minister of Public Security to consider, decide on the investment, and decide on the project investor is a maximum of 15 days from the date of receiving sufficient valid dossiers;
(3) Projects under the authority of the Provincial People's Council or assigned to the Provincial People's Committee to decide on the investment guidelines:
For projects under the authority of the Provincial People's Council or assigned to the Provincial People's Committee to decide on the investment guidelines, the provincial housing management agency prepares the proposal and dossier as stipulated in Clause 1 Article 27 of Decree 95/2024/ND-CP and organizes the appraisal of the feasibility study report of the project according to construction law and reports to the Chairman of the Provincial People's Committee for consideration and investment decision of the project.
The time for the Chairman of the Provincial People's Committee to consider, decide on the investment, and decide on the project investor is a maximum of 15 days from the date of receiving sufficient valid dossiers.
Note: After the investment decision and decision on developers for the official housing construction project, the project investor is responsible for implementing the official housing construction project according to construction law, public investment law, housing law, and other related laws.
What are procedures for decision on investment and decision on developers for official housing investment and construction projects in Vietnam from August 1, 2024?(Internet image)
What are the principles for determining the rent for official housing in Vietnam?
According to Article 46 of the Law on Housing 2023 stipulating the principles for determining the rent for official housing, the following principles must be adhered to:
- Calculate correctly and fully the necessary costs for management, operation, maintenance, and rental management during the use of official housing.
- Do not include land levy for building official housing and do not include the depreciation cost of investment capital for the construction of official housing or the cost of purchasing commercial housing for use as official housing.
- The rent for official housing is decided by the competent authority as stipulated in Article 14 of the Law on Housing 2023 and is reviewed and adjusted accordingly to each period.
- In cases where commercial housing is rented to be used as official housing, the rent for official housing must be lower than the rent for commercial housing.
What is included in application for the investment decision and decision on developers for official housing investment and construction projects in Vietnam?
Pursuant to Clause 1 Article 27 of Decree 95/2024/ND-CP, the application for the investment decision and decision on developers for official housing investment and construction projects in Vietnam includes:
(1) A application for the investment decision and decision on developers including the necessity for project investment; the objectives and main contents of the project feasibility study report; recommendations on the content of the investment decision, project decision on developers;
(2) The investment guidelines decision for the project by the competent authority;
(3) The project feasibility study report;
(4) Other relevant documents (if any);
Note: Decree 95/2024/ND-CP takes effect in Vietnam from August 1, 2024.
LawNet