1. Establishing a housing construction investment project:

Investment is the activity of using resources such as finance, human resources, intelligence, etc. in certain economic activities to earn profits. Housing construction investment project is a collection of proposals related to the use of capital to build new housing, technical infrastructure, social infrastructure to serve housing needs or to renovate. , repairing houses in a certain location. The development of housing construction investment projects for the purpose of renting, leasing, and selling by real estate businesses; renovate and rebuild apartment buildings and old housing areas; housing development to serve resettlement; State-owned housing development. Forms of housing construction investment projects:

– Investment projects to build new or renovate an independent housing project or a cluster of housing projects;

– Investment projects to build housing areas with synchronous technical and social infrastructure systems in rural areas;

– Urban area construction investment projects or mixed land use projects that reserve land area in the project for housing construction;

– Construction investment projects with mixed-use purposes for residence and business.

Before establishing a housing construction investment project in the four cases mentioned above, organizations and individuals must carry out procedures to request a decision or approval of the investment policy.

When preparing a housing construction investment project, you need to pay attention to the following requirements:

Housing construction investment projects can only be established and approved in areas that have approved detailed planning, complying with the contents of investment policy decisions of competent state agencies.

Areas in housing construction investment projects must be named in Vietnamese. In case the investor of a commercial housing construction project wants to name the project in a foreign language, the full name must be written. in Vietnamese first and then write in a foreign language. The project name and names of areas within the project must be decided by the competent authority if used during both the construction investment and management process and used after completion of construction investment.

2. Appraisal of housing construction investment projects:

2.1. Competent authority to appraise public housing construction investment projects:

– For housing construction investment projects using state budget capital, national bonds, bonds, official development assistance capital, preferential loans from donors, investment credit capital State development or construction investment in the form of a build-transfer contract on a land area determined to build housing for resettlement according to approved planning for lease or lease purchase. , sold to the person being re-evaluated, it will be prepared, appraised and approved in accordance with the provisions of law on public investment and law on construction.

Accordingly, the Ministry of Construction has opinions on appraisal of housing contents if the project is approved by the Prime Minister, and the Department of Construction has opinions on appraisal of housing contents if the project is approved by the People's Committee. Provincial level approval. In case the Minister of Construction approves a housing construction investment project under the authority prescribed by the Law on Public Investment, the Ministry of Construction shall organize an appraisal of the project before approval.

– For public housing construction investment projects, the preparation, appraisal and approval are carried out under the authority of the Ministry of National Defense, the Ministry of Public Security organizes and obtains consensus from the Ministry of Construction before reporting. The Prime Minister approved. After the Prime Minister gives approval, the Ministry of National Defense and the Ministry of Public Security approve the project;

– For projects in which investment is decided by the Ministry of National Defense and the Ministry of Public Security according to regulations, the Ministry of National Defense and the Ministry of Public Security shall organize, establish, appraise and obtain consensus from the Ministry of Construction before reporting to the Prime Minister. The Prime Minister approved. After the Prime Minister gives approval, the Ministry of National Defense and the Ministry of Public Security approve the project.

– For projects whose investment is decided by the Provincial People's Committee according to regulations, the Department of Construction organizes the preparation, appraisal and submission to the Provincial People's Committee for approval.

2.2. Agencies competent to appraise other construction investment projects:

– In case the housing construction investment project does not fall into the above categories, the preparation, appraisal and approval of the project are carried out in accordance with the provisions of construction law. Specifically:

+ For important national projects, the State Appraisal Council established by the Prime Minister is responsible for appraising the construction investment pre-feasibility study report and construction investment feasibility study report. .

+ For projects using state budget capital, specialized construction agencies according to hierarchy are responsible for organizing the appraisal.

+ For projects using state capital outside the budget, the authority to appraise construction investment projects is prescribed as follows:

++ The specialized construction agency according to decentralization presides over the appraisal of the basic design

++ The specialized agency under the investment decider presides over the appraisal of technology design

+ For projects using other capital, the authority to appraise construction investment projects is prescribed as follows:

++ Construction specialized agencies according to decentralization appraise the basic design of construction investment projects for special grade, grade I, public works, and works that have a major impact on the landscape. , environment and community safety.

++ Projects using other capital that do not fall into the cases specified in Point a of this Clause shall be evaluated by the person deciding on investment.

++ The project is implemented in the form of project contracts, public-private partnership contracts with state capital contribution, and the specialized construction agency, according to hierarchy, presides over appraisal of the basic design of the project. . Competent state agencies according to the provisions of law on investment appraise other contents in the Construction Investment Feasibility Study Report.

+ For construction investment projects that only need to prepare an economic - technical construction investment report, the authority to appraise the construction investment project is prescribed as follows:

++ In case of using state budget capital, the specialized construction agency is responsible for organizing the appraisal of the contents of the economic and technical report on construction investment.

++ In case of using state capital outside the budget, specialized construction agencies according to hierarchy are responsible for presiding over the appraisal of construction drawing designs and construction estimates. The specialized agency under the investment decider evaluates the technological design (if any) and other contents of the economic and technical report on construction investment.

++ In case of using other capital, the investment decider or investor shall organize the appraisal of construction drawing designs and construction estimates, except for special level, level I works and works with photos. greatly affects the landscape, environment and community safety and is responsible for the appraisal content.

+ Construction investment projects with requirements on fire and explosion prevention and control, environmental protection, national defense and security must be appraised by a competent state agency.

+ Construction specialized agencies and investment decision makers may invite organizations and individuals with expertise and experience to participate in project appraisal or request the investor to select qualified organizations and individuals. Construction activity capacity and construction practice capacity have been registered on the construction activity capacity website according to regulations to verify the project as a basis for project appraisal and approval. . Verification costs, project appraisal fees and basic design fees are included in the total investment of the project.

+ The appraisal agency is responsible for synthesizing project appraisal results and submitting them to the person with investment decision-making authority for review and decision.

+ Organizations and individuals participating in project appraisal and verification are responsible before the law for their appraisal and verification results. Organizations and individuals setting up projects are not allowed to participate in the appraisal and verification of the projects they set up.

3. Approval of housing construction investment projects:

Competent appraisal agencies will exercise their authority to approve housing construction investment projects.

Note:

The Provincial People's Committee is responsible for specifically determining the list of housing construction investment projects in the area including commercial housing construction projects, social housing, official housing, and residential housing projects. to serve resettlement and publicize it on the Electronic Information Portal of the Provincial People's Committee according to the following regulations:

– Number of projects, total number of houses and total housing floor area invested in construction annually in housing construction investment projects in the area.

– Basic contents of each housing construction investment project in the area including project name, construction investment location, project scale, detailed project planning, project implementation schedule project, investment objective, number of houses, total floor area of ​​housing construction, form of housing business and other related contents according to the provisions of law on real estate business.

– Publicizing project information must be done throughout the project implementation process.

Legal documents used in the article:

– Housing Law 2014;

– Decree 99/2015/ND-CP detailing and guiding the implementation of a number of Housing Law articles;

– Decree 30/2021/ND-CP amending and supplementing Decree 99/2015/ND-CP.