There are many investors participating in a housing construction project, how to choose an investor?
Based on Point c Clause 2 Article 22 Housing Law, modified and supplemented by Point b Clause 1 Article 75 Investment Law, commercial housing construction investment projects and project investor selection are as follows:
Commercial housing construction investment project and project investor selection
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2. The selection of investors for commercial housing construction projects is carried out through the following forms:
a) Auction of land use rights according to the provisions of land law;
b) Bidding for projects using land;
c) Approve investors according to the provisions of the Investment Law. In case there are many approved investors, the investor determination shall be in accordance with the provisions of the Construction Law.
At the same time, based on The 7th rule Construction Law modified and supplemented by Clause 4 Article 1 Amended Construction Law as follows:
Investor
1. The investor is determined before establishing a construction investment project or when approving the project or in other cases according to relevant laws.
2. Based on the capital source used for construction investment projects, the determination of the investor is prescribed as follows:
a) For projects using public investment capital, the determination of the investor is carried out according to the provisions of Clause 3 of this Article and the law on public investment;
b) For projects using state capital in accordance with relevant laws (hereinafter referred to as projects using state capital other than public investment), the investor is the agency or organization authorized by the decision-maker. investment decision, management and use of capital for construction investment;
c) For investment projects in the public-private partnership mode (hereinafter referred to as PPP projects), the investor is a PPP project enterprise established in accordance with the law on investment in the public-private partnership mode. public-private partnership;
d) For projects using legal investment capital of organizations and individuals other than the cases specified in Points a, b and c of this Clause (hereinafter referred to as projects using other capital) that are legally The law on investment stipulates that investors must be selected to implement the project. The investor is an investor approved by a competent state agency. In case there are many investors participating, the investors can establish an organization or authorize an investor to be the investor. In case relevant laws stipulate the selection and recognition of investors, the selection and recognition of investors must meet the conditions and comply with the provisions of relevant laws;
d) For projects other than those specified in Points a, b, c and d of this Clause, the investor is an organization or individual that invests capital in construction.
Accordingly, in case there are many investors participating, the investors can establish an organization or authorize an investor to be the investor.
In case relevant laws stipulate the selection and recognition of investors, the selection and recognition of investors must meet the conditions and comply with the provisions of relevant laws.