Dossiers and procedures for approving the investment policy for the renovation and reconstruction of apartment building investment projects in Vietnam

Dossiers and procedures for approving the investment policy for the renovation and reconstruction of apartment building investment projects in Vietnam​ (Image from the Internet)

1. Dossiers and procedures for approving the investment policy for the renovation and reconstruction of apartment building investment projects in Vietnam

According to Article 69 of the Housing Law 2023, the dossiers and procedures for approving the investment policy for the renovation and reconstruction of apartment building investment projects in Vietnam are stipulated as follows:

- The dossier for request of approval of investment policy, concurrently approving the investor as the project owner for renovation and reconstruction of apartment buildings includes:

+ A written request for approval of the investment policy of the project;

+ An investment project proposal including the following main contents: investor, investment objectives, investment scale, investment capital, and capital mobilization plan, location, duration, implementation progress, proposed land use needs, preliminary assessment of environmental impact according to legal regulations on environmental protection (if any), information about the Certificate of the apartment building owners, proposed investment incentives, and minutes of opinion collection on investor selection;

+ A compensation and resettlement plan agreed by the apartment building owners and the investor;

+ A document of agreement on land use rights transfer of apartment building owners to the investor for cases stipulated in Clause 11, Article 60 of the Housing Law 2023;

+ Legal documents of the investor and documents proving the financial capacity of the investor;

+ Other related documents (if any).

- The dossier for request of approval of investment policy as proposed by the provincial housing management authority includes:

+ A proposal for the approval of the investment policy of the project;

+ An investment project proposal including the following main contents: investment objectives, investment scale, investment capital, location, duration, implementation progress; information on current land use status at the project location, estimated land use needs, preliminary environmental impact assessment according to legal regulations on environmental protection (if any); the form of selecting the investor for renovation and reconstruction of apartment buildings; mechanisms and incentive policies;

+ Other related documents (if any).

- In cases where the renovation and reconstruction project of apartment buildings falls under the authority to approve investment policy, concurrently approving the investor, and the investment policy approval of the Prime Minister according to the provisions of the Investment Law 2020, the dossier as stipulated in Clause 1, Clause 2, Article 69 of the Housing Law 2023, the sequence and procedures are implemented according to the provisions of the Investment Law 2020.

- The approval of investment policy, concurrently approving the investor by the provincial People's Committee is implemented according to the following sequence and procedures:

+ The investor chosen by the apartment building owners according to the provisions of Clause 2, Article 67 of the Housing Law 2023 submits the dossier stipulated in Clause 1, Article 69 of the Housing Law 2023 to the provincial housing management authority;

+ Within 03 working days from the date of receiving a complete dossier, the provincial housing management authority is responsible for sending for appraisal opinions from relevant state agencies regarding the project content;

+ Within 15 days from receiving the appraisal request, the agency requested for appraisal provides opinions on contents under its state management scope to the provincial housing management authority. Within 25 days from receiving a complete dossier stipulated in Clause 1, Article 69 of the Housing Law 2023, the provincial housing management authority prepares an appraisal report for the provincial People's Committee;

+ Within 07 working days from the date of receiving a complete dossier and appraisal report, the provincial People's Committee considers and decides to approve the compensation and resettlement plan and approve the investment policy concurrently approving the investor as the project owner for renovation and reconstruction of apartment buildings; in case of non-approval, the provincial People's Committee issues a document clearly stating the reasons.

- The approval of investment policy by the provincial People's Committee for projects stipulated in Clause 3, Article 67 of the Housing Law 2023 is implemented according to the following sequence and procedures:

+ The provincial housing management authority is responsible for preparing the dossier stipulated in Clause 2, Article 69 of the Housing Law 2023 and sending for appraisal opinions from relevant state agencies regarding the project content;

+ Within 15 days from receiving the appraisal request, the agency requested for appraisal provides opinions on contents under its state management scope to the provincial housing management authority. Within 25 days from receiving a complete dossier stipulated in Clause 2, Article 69 of the Housing Law 2023, the provincial housing management authority prepares an appraisal report for the provincial People's Committee;

+ Within 07 working days from the date of receiving a complete dossier and appraisal report, the provincial People's Committee considers and approves the investment policy; in case of non-approval, the provincial People's Committee issues a document clearly stating the reasons.

2. Requirements for the renovation and reconstruction plan of apartment buildings in Vietnam

The requirements for the renovation and reconstruction plan of apartment buildings in Vietnam according to Article 65 of the Housing Law 2023 are as follows:

- The provincial People's Committee may develop and approve a renovation and reconstruction plan of apartment buildings together with the provincial housing development plan or develop and approve it separately as a basis for implementing renovation and reconstruction projects of apartment buildings.

- The provincial housing management authority directly develops or hires a consulting unit according to the legal provisions on bidding to develop the renovation and reconstruction plan for apartment buildings and reports for approval by the provincial People's Committee.

- The approval of the renovation and reconstruction plan of apartment buildings is only implemented after a conclusion has been reached regarding the inspection and assessment of the apartment building quality by the provincial housing management authority according to the provisions of the Housing Law 2023.

- In cases where after the renovation and reconstruction plan of apartment buildings has been approved, an apartment building falls under the category requiring demolition, or the provincial housing development program has adjustments affecting the approved plan, the provincial People's Committee implements adjustments to the plan.

- The renovation and reconstruction plan of apartment buildings that has been approved, including adjustments, must be publicly posted on the electronic portal of the provincial People's Committee, the district People's Committee where the apartment building subject to renovation and reconstruction is located; sent to the commune People's Committee where the apartment building is located to inform the owners, users of the apartment building, and sent to the Ministry of Construction.

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