Joint Circular No. 20/2013/TTLT-BXD-BNV the Ministry of Construction and the Ministry of Home Affairs on guiding several contents of the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment

 THE MINISTRY OF CONSTRUCTION – THE MINISTRY OF HOME AFFAIRS 

Joint Circular No. 20/2013/TTLT-BXD-BNV dated November 21, 2013 of the Ministry of Construction and the Ministry of Home Affairs on guiding several contents of the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment

Pursuant to the Government’s Decree No. 62/2013/ND-CP dated June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 61/2012/ND-CP dated August 10, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment;

The Minister of Construction, and the Minister of Home Affairs promulgate the Joint Circular guiding a number of contents of Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management of urban development investment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides on: Urban development area, management board of urban development area and project on urban area construction investment.

Article 2. Subjects of application

This Circular applies to management agencies, construction-specialized agencies, organizations and individuals participating in activities involving the urban development investment.

Chapter II

URBAN DEVELOPMENT AREA

Article 3. Responsibilities for formulation and appraisal of proposal dossier of urban development area

1. Responsibilities for formulation of proposal dossier of urban development area for urban development areas belonging to administrative geographical areas of one province or Central-affiliated city:

a) The provincial People’s Committees shall assign the Service of Construction to act as agency in charge of organization to formulate dossier of proposal for urban development area;

b) In case where a provincial People’s Committee has established the management board of urban development area for general management of urban development areas or management of some urban development areas and will assign for additional management of tentative urban development areas established, provincial People’s Committee may assign this board to organize formulation of dossier of proposal for urban development areas.

2. Responsibilities for formulation of dossier of proposal of urban development area for urban development areas belonging to administrative geographical areas of two or more provinces or Central-affiliated cities:

a) The Ministry of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned People’s Committees of provinces and Central-affiliated cities in formulating dossier of proposal of urban development area and submitting it to the Prime Minister for decision on approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP dated January 14, 2013 (hereinafter abbreviated to Decree No. 11/2013/ND-CP);

b) The concerned People’s Committees of provinces and Central-affiliated cities shall assign Services of construction in assuming the prime responsibility for, and coordinating with each other in providing information, formulating plans to perform part of urban development area under their management and report them to the Ministry of Construction for summing up and including in plan to perform in dossier of proposal of urban development area in order to submit for approval as prescribed.

3. Responsibilities of appraisal of dossier of proposal of urban development area:

a) If urban development area under the competence for approval of the Prime Minister: The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned Ministries and sectors in appraising and submitting it to the Prime Minister approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP;

b) If urban development area under the competence for approval of the provincial People’s Committees: The Services of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned agencies in appraising and submitting it to the provincial People’s Committees for approval.

Article 4. Duration of formulation and appraisal for proposal dossier of urban development area

1. Duration of formulation for proposal dossier of urban development area does not exceed 12 months from the day of assigning formulation of dossier.

2. Duration of appraisal for proposal dossier of urban development area does not exceed 30 working days after receiving a valid dossier submitted for appraisal specified in Article 5 of this Joint Circular.

Article 5. Dossier of submission for appraisal of urban development area

1. Dossier of submission for appraisal of urban development area includes:

a) Dossier of proposal of urban development area as defined in Article 10 of Decree No. 11/2013/ND-CP;

b) Legal papers include:

Copies of decisions on approving the master plan on economic-social development, land use planning, urban development program, regional, provincial construction planning, general planning, subdivision planning and other legal documents involving guidelines on establishment of urban development area (if any).

2. Quantity of dossier of submission for appraisal of urban development area: 10 sets.

3. Report content is made according to form defined in Annexes 1, 3 of this Joint Circular, content of decision on approving is made according to form defined in Annex promulgated together with Decree No. 11/2013/ND-CP.

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