Commercial housing projects are included in the portfolio of investment projects using land in Vietnam

Commercial housing projects are included in the portfolio of investment projects using land in Vietnam (Illustrative photo)

Article 6 of Circular 06/2020/TT-BKHDT stipulates that investment projects with land use for building commercial housing, commercial and service works, multi-functional projects, or mixed-use projects for business purposes and fully meeting the conditions stipulated in Article 11 of Decree 25/2020/ND-CP (except for projects stipulated in Article 26 of the Law on Bidding or Clause 3, Article 10 of this Decree) are included in the portfolio of investment projects using land in Vietnam. To be specific:

- Commercial housing projects are defined in Clause 4, Article 3 of the Law on Housing No. 65/2014/QH13 dated November 25, 2014;

- Commercial and service works are defined in Point e, Section 1.2, Appendix I (Types of construction works) attached to Decree 46/2015/ND-CP dated May 12, 2015 of the Government of Vietnam on managing the quality and maintenance of construction works;

- Multi-functional projects are commercial and service works as defined in Point b of this Clause, identified as stipulated in Clause 1, Article 1 of Circular 07/2019/TT-BXD dated November 7, 2019 of the Minister of Construction, amending, supplementing, and replacing several provisions of Circular 03/2016/TT-BXD dated March 10, 2016 of the Minister of Construction, on the classification of construction works and guidance on the application in the management of construction investment activities.

Regarding the preliminary assessment of the investor's capacity and experience as stipulated in Article 13 of Decree 25/2020/ND-CP, the specifics are as follows:

- The preliminary assessment of the investor's capacity and experience is based on the preliminary requirements for capacity and experience, the project implementation registration dossier of the investor, and the documents clarifying the project implementation registration dossier (if any).

- Based on the assessment results, the Department of Planning and Investment submits to the Chairman of the provincial People's Committee for decision on the organization of implementation as stipulated in Clause 3, Article 13 of Decree 25/2020/ND-CP.

In case only one investor meets the preliminary requirements for capacity and experience, based on the project implementation progress, investment attraction objectives, and other specific conditions of the project, the Chairman of the provincial People's Committee shall consider and decide on one of the following options:

- Option 1: Notify and guide the investor to submit the dossier for an investment policy decision as stipulated by the law on investment and other related laws as per Point b, Clause 3, Article 13 of Decree 25/2020/ND-CP, if the organization process has ensured publicity, transparency, competitiveness, and the project requires expedited progress;

- Option 2: Extend the registration time for the project implementation. The extension period shall be decided by the Chairman of the provincial People's Committee, ensuring sufficient time for other potential investors to access information and submit the project implementation registration dossier to enhance competitiveness. The investor that has met the requirements is not required to resubmit the project implementation registration dossier.

- After the extension, if there are additional investors meeting the preliminary requirements for capacity and experience, the implementation shall follow the provisions of Point a, Clause 3, Article 13 of Decree 25/2020/ND-CP. In case there are no additional investors meeting the preliminary requirements for capacity and experience, the implementation shall follow the provisions of Point b, Clause 3, Article 13 of Decree 25/2020/ND-CP.

Details can be found in Circular 06/2020/TT-BKHDT, which comes into effect in Vietnam in Vietnam from November 1, 2020.

Le Vy

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