THE GOVERNMENT
 
 
No. 43/NQ-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, June 6, 2014
 

RESOLUTION
On a number of key tasks of reforming administrative procedures in the formation and implementation of land-using investment projects for improvement of the business environment [1]
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government’s Resolution No. 01/NQ-CP of January 7, 2013, on major solutions for directing and administering the implementation of the socio-economic development plan and state budget estimates of 2013;
Pursuant to the Government’s Resolution No. 01/NQ-CP of January 2, 2014, on major solutions for directing and administering the implementation of the socio-economic development plan and state budget estimates of 2014;
At the proposal of the Minister of Justice,
RESOLVES:
Article1. To reform administrative procedures in the formation and implementation of land-using investment projects with the aims to improve the legal system on investment and ensure the effective enforcement of the Land Law; create a transparent, fair, open and favorable business environment; reduce at least 40% of the implementation time associated with cutting to the utmost administrative procedure compliance costs for investors of all economic sectors; heighten Vietnam’s rankings in the Ease of Doing Business Index and the Global Competitiveness Index; promote investment attraction and make contribution to corruption prevention and control and socio-economic development.
Article2. Key tasks of reforming administrative procedures in the formation and implementation of land-using investment projects:
1. To simplify regulations on administrative procedures in the formation and implementation of land-using projects toward:
a/ Standardizing and specifically, simply and clearly defining constituents of the procedure of selecting land-using investors in 3 forms: auction of land use rights, bidding for selection of investors of land-using investment projects, and land allocation and lease not through auction and bidding.
- For auction of land use rights: To clearly and specifically provide constituents of the procedure of auction of land use rights for implementation of investment projects, which includes the selection of investors eligible for implementing investment projects.
- For bidding for selection of investors of land-using investment projects:
+ To specify conditions for bidding for selection of investors of land-using investment projects, including: the project is on the list of bidding for selection of investors approved and announced under planning by competent authorities; the project is located in an area with approved detailed planning of 1:500 scale; the project is located in an area with approved compensation and support cost estimates; and the project has its land use levy or land rental unit approved.
+ To clearly and specifically provide constituents of the procedure of selection of investors of land-using investment projects.
+ The result of settlement of this administrative procedure is the written approval of the result of investor selection, which must include the following contents: project name; name of investor/owner; form of investment; investment objectives; site of construction; project scale; land use area; land use boundary; planning and architectural norms such as land use coefficient, construction density, etc.; total investment of the project; land use levy/land rental unit; implementation time and schedule (divided into phases); funding sources; project management and operation plan; and investment incentives (if any).