THE MINISTRY OF CONSTRUCTION
Circular No. 11/2013/TT-BXD dated July 31, 2013 of the Ministry of Construction promulgating the reporting regime on construction and business in real estate investment projects
Pursuant to the Law No. 56/2005/QH11 dated November 29, 2005 of the National Assembly on Housing;
Pursuant to the Law No. 63/2006/QH11 dated July 12, 2006 of the National Assembly on real estate;
Pursuant to the Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Decree No. 153/2007/ND-CP dated October 15, 2007 of the Government providing detailed regulations and guidelines for implementation of the Law on real estate business;
Pursuant to the Decree No. 71/2010/ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law;
Pursuant to the Decree No. 11/2013/ND-CP dated January 14, 2013 of the Government on management of urban development investment;
At the proposal of the Director of Department of House and Real Estate Market Management,
The Minister of Construction issues the Circular promulgating the reporting regime on construction and business in real estate investment projects,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular guides implementation of reports on the construction and business in real estate investment projects.
2. Types of real estate projects must report as prescribed in this Circular include: Housing development projects; construction investment projects of new urban centers; projects on technical infrastructure of industrial zones; shopping mall projects, offices for rent, hotels; projects on ecological and convalescence tourist zones.
Article 2. Subjects of application
1. Subjects that have responsibility for making reports as prescribed of this Circular include:
a) Construction Departments of provinces and central-affiliated cities;
b) Investors of the real estate projects as prescribed in Clause 2 Article 1 belonging to all economic sectors.
2. Relevant organizations and individuals shall supply information, data for focal agencies to sum up and report.
Chapter 2.
REPORTING REGIME PROVISIONS
Article 3. Local state management agency’s reports in real estates
1. Units for reports: Construction Departments of provinces and central-affiliated cities
2. Report’s contents:
On the report basic of real estate project’s investors, relevant agency’ data, the Construction Departments of provinces and central-affiliated cities shall sum up and make the following reports:
a) General report on basic information of real estate projects in localities (the Appendix 1);
b) General report on carrying out of investment in construction of real estate projects in localities (Appendix 2);
c) General report on land clearance of real estate projects in localities (Appendix 3);
d) General report on real estate business at real estate projects in localities (Appendix 4);
e) Report on real estate transactions and budget revenues from land and from real estate transaction (Appendix 5);
In the general reports mentioned above, they are required to clearly state the cases which investors have offences in the course of carrying out real estate projects in order to handle under competence and propose the provincial People’s Committees for measures of handling in conformity with provisions of law on investment, construction, land, housing and real estate business.
3. Time limit for sending report to the Ministry of Construction:
a) Quarterly (before the end day of end month of quarter);
b) Annually (before December 31).
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn).
Article 4. Investor’s reports on real estate projects
1. Units for reports: Investors of real estate projects, Management Boards of industrial parks, industrial clusters; Management Boards of urban development zones which are established by State.
2. Report’s contents:
a) General report on basic information of real estate projects in localities:
Reporting basic content of project under the written approval for investment, certificate of investment or decision on investment permission of competent state agencies. When projects have adjustments or supplementations, the investors of real estate projects shall make reports supplementing the adjusted contents.
(Appendix 6).
b) Report on carrying out investment in construction of projects.
Report on land clearance, investment in construction of technical infrastructure works; investment in construction of works.
(Appendix 7).
c) Report on business status at project:
- Status of mobilizing capital (Appendix 8);
- Status of performing financial obligations (Appendix 9);
- Status of selling the houses, leasing house, transferring land use rights, leasing land... (Appendix 10).
For projects which have been finished course of investment in construction, investors shall continue reporting on business status at projects until whole real estate allowed business in project have been sold and leased.
d) Report on ending investment in construction of projects: Report on major content of projects after having finished the investment in construction (Appendix 11).
3. Time limit for sending report to the provincial Construction Departments and the Ministry of Construction:
a) Time limit for sending general report on basic information of real estate projects is prescribed as follows:
- 7 days after having decision on approval for investment or permission of investment, decision on approval of projects of competent agencies, certificates of investment (for foreign investment projects);
- 7 days after having decision on adjustment to projects (if any), an additional report must be sent.
b) Time limit for sending reports on carrying out investment in construction and reports on project business is prescribed as follows:
- Quarterly report (before the 25th day of end month of quarter);
- Annual reports (before December 25).
c) Time limit for sending report on ending investment in construction is prescribed as follows:
- 15 days after finishing investment in construction of works according to investment stages or finishing sub-projects (investment stages or finishing sub-projects are inscribed in decision on approval for investment, decision on approval for projects, decision on permission of investment or certificates of investment…);
- 15 days after finishing investment in construction of entire works of projects.
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
- The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn);
- The provincial Construction Departments where have projects.
Article 5. Inspection for the implementation and violation handling on real estate projects
1. Inspecting for the implementation of the reporting regime:
a) The Construction Departments of localities shall examine report’s contents of investors of real estate projects in localities;
b) The Department of Housing and real estate market Management shall examine reports of the provincial Construction Departments and coordinate with the Construction Departments of localities to examine status of carrying out the real estate projects in order to serve the state management work.
2. Violation handling:
Investors of real estate projects who fail to report or report improperly with the time limit, report with the incorrect or insufficient content as prescribed in this Circular will be handled as follows:
a) Violation for the first time: The local Construction Departments shall send document for reminding to investor;
b) Violation for the second time: To publicize information of violations on website of the Ministry of Construction, websites of the provincial People’s Committees, websites of the local Construction Departments where implement the real estate projects and notify to investors (if any). Concurrently, sanction administrative violation prescribed by law.
Chapter 3.
IMPLEMENTATION ORGANIZATION
Article 6. Transitional provisions
1. For projects which are being implemented: Within 30 days after this Circular takes effect, the investors of projects must send reports as prescribed in Article 4 of this Circular.
2. For projects which have been finished and accepted for receipt and putting into use from January 01, 2013 to the effective date of this Circular: The investors of projects must report as prescribed in point d Clause 2 and point c Clause 3 Article 4 of this Circular.
Article 7. Implementation organization
1. Responsibilities of the Department of House and Real Estate Market Management – the Ministry of Construction:
a) To sum up data of reports as prescribed in this Circular and report to the Minister of Construction about status of carrying out investment in construction and business at the real estate projects nationwide;
b) To assume the prime responsibility for, and coordinate with the relevant units under Ministries, sectors and localities to examine status of carrying out the real estate projects.
2. Responsibilities of People’s Committees of provinces, central-affiliated cities and the provincial Construction Departments:
a) People’s Committees of provinces and central-affiliated cities shall promulgate Regulation on coordination, specific tasks and liabilities of departments, sectors, specialized agencies under their management (Department of Planning and Investment, Financial Department, Taxation Department, Department of Natural Resources and Environment, the Management Board of industrial zones, the Management Board of urban development area) and the district-level People’s Committees in supplying data for the Construction Departments for summing up and report;
b) The Construction Departments are focal agencies in summing up reports, and take responsibilities for guiding and urging investors of real estate projects in their geographical areas to implement strictly the report as prescribed in this Circular.
Article 8. Implementation provisions
1. This Circular takes effect on October 01, 2013.
2. Subjects prescribed in this Circular shall implement the report from Quarter 4/2013.
3. In the course of implementation, any arising problems should be reported to the Ministry of Construction for consideration and settlement.
For the Minister of Construction
Deputy Minister
Nguyen Tran Nam
* All appendices are not translated herein.
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