THE GOVERNMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom  - Happiness
No. 34/2007/NQ-CP
Hanoi, July 3, 2007
 
RESOLUTION
ON A NUMBER OF SOLUTIONS TO THE AMELIORATION AND RECONSTRUCTION OF DAMAGED OR DEGRADED CONDOMINIUMS
At present, there are ill urban centers nationwide many condominiums built prior to the 1990s, which are being so seriously damaged or degraded that they need to be ameliorated or reconstructed.
At its May 3 and 4, 2007session, the Government resolved the following issues:
I. OBJECTIVES AND REQUIREMENTS
1. To reach unanimity in undertaking to ameliorate or reconstruct damaged or degraded condominiums so as to create new housing quarters of better quality, contribute to improving and raising peoples living conditions, renovating urban architecture towards civilization and modernization.
2. The amelioration and reconstruction of old condominiums must be carried out on the principle of socialization, exploiting interests from projects for financial self-balance and adequate housing fund to serve the on-spot resettlement demand, restricting investment from state budget, harmonizing the interests of house users and investors. The State takes the common interests of population communities with social objectives as the guideline, ensuring better domiciles for resettling households in terms of flooring space, quality as well as living environment. The demolition for amelioration and reconstruction of old condominiums shall comply with the provisions of Section 4, Chapter IV of the Housing Law.
3. Local administrations should elaborate specific roadmaps and plans for amelioration and reconstruction of old condominiums in their respective localities on the principle of prioritizing seriously damaged condominiums first, where the living environment is not secured. To strive to complete the amelioration and reconstruction of old condominiums in urban centers throughout the country, which are damaged, degraded or of which the use duration has expired.
4. The amelioration and reconstruction of old condominiums should be carried out synchronously under master projects, with rational planning-architectural schemes, with comprehensive technical and social infrastructure systems for the entire areas to be ameliorated, which are suitable to modern construction norms and standards, in order-to satisfy the demands of present and future urban life; to avoid scattered, sectorial and small-scale amelioration and reconstruction; attach importance to the exploitation of ground floors for public services (parking lots, trade centers,..).
5. For old condominiums which are heavily damaged, have dangerously sunk or cracked, localities should draw up plans for urgent relocation of households living therein in order to carry out the demolition and reconstruction. For cases of compulsory demolition and reconstruction where investment by different economic sectors cannot be mobilized, provincial/municipal Peoples Committees should direct their functional bodies to formulate projects and specific plans for reconstruction with the state budget.
6. To promote the roles and responsibilities of local administrations and people in reconstruction of old condominiums. To well carry out the work of propagation and mobilization in combination with resolute and timely handling measures in accordance with law in order to ensure the execution of projects according to schedules for the common interests of communities, maintaining social stability and order.
II. SPECIFIC SOLUTIONS, MECHANISMS AND POLICIES
1. Solutions to the attraction of investors:
a/ Peoples Committees of provinces or centrally run cities where exist damaged or degraded condominiums (below collectively referred to as provincial-level Peoples Committees) shall direct their functional bodies to organize surveys, assessment and publicization of lists of old condominiums to be ameliorated or reconstructed in their respective localities to attract domestic and foreign investors. For projects not yet participated by investors, provincial-level Peoples Committees are allowed to select investors. If two or more investors register for participation in a project, they will be selected by mode of bidding. The selection of project investors complies with the principle of prioritizing investors having experience, financial capabilities and most rational temporary settlement and resettlement schemes;
b/ Provincial-level Peoples Committees shall direct the scrutiny of projects on amelioration or reconstruction of damaged, degraded condominiums, which have been assigned to investors but slowly executed according to the prescribed schedules, particularly attaching importance to reconsidering the investors experience, financial capabilities and abilities to arrange temporary settlement or resettlement. If investors fail to satisfy the requirements, they must be replaced with capable ones to undertake the investment. The replaced investors will be refunded reasonable expenses they have paid. Foreign investors having capabilities and experience are encouraged to invest in projects on amelioration or reconstruction of old damaged or degraded condominiums;
c/ Project investors are allowed to decide on the selection of consultancy units, construction contractors or to conduct designing, construction and installation by themselves (if having full capabilities prescribed by law on construction) with regard to project works or work items built with investors investment capital (for works or work items built with state budget investment capital, bidding must be organized);
d/ Provincial-level Peoples Committees are allowed to promulgate mechanisms and policies according to competence in order to encourage various economic sectors to invest in the amelioration or reconstruction of old condominiums in accordance with legal provisions on investment and the specific situation of each locality.
2. Planning-architectural solutions:
a/ Peoples Committees at all levels shall, according to their competence, organize the formulation (or adjustment) and approval of detailed construction plannings (1/2,000 scale) of areas where exist old damaged or degraded condominiums or those with their use duration having expired in their respective localities. In the course of formulating (or adjusting) detailed construction plannings, opinions of the concerned organizations and individuals must be gathered and the approved plannings must be widely publicized within the administrative boundaries under their management so that organizations and individuals in the detailed planning areas know, inspect and implement according to provisions of law on construction;
b/ In the course of formulating (or adjusting) and approving detailed construction plannings, provincial-level Peoples Committees are allowed to consider and adjust the planning norms (construction density, land use coefficient, population size, floor height) for areas covered by projects on amelioration or reconstruction of old condominiums with a view to ensuring financial balancing, socio- economic efficiency of each project and suitability to the specific conditions of each locality;
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