Recommendation on contradictions in regulations of licensing planning and approval for projects investment policies

Wed, 13 Dec 2017 16:38:00  |  Print  |  Email   Share:

Name of recommendations: Recommendation on contradictions in regulations of licensing planning and approval for projects investment policies

Status: Responded

Recommended by units: The Vietnam Association of Contractors

Official letter: 1389/PTM - VP, dated: 2017-06-13

Recommended contents:

According to Article 171 of the Law on Housing, there must be detailed plan drawings approved by competent state agencies before being approved. Meanwhile, under Article 31 of Decree 44/2015 / NDCP, it is clearly stated that the licensing planning is only granted to investors who are capable of implementing the investment in construction of the project. In case of lack of capacity to carry out the project itself, it is necessary to combine with other enterprises to establish a new legal entity under Decision 86/2010 / QD-TTg that will be stuck again because the law on planning and the guiding decrees point out.:To grant only planning permission to landowners without issuing a new legal entity established under Decision 86. Thus, we have created a vicious cycle of unknown  that there is A then there is B or there is B then there is A? Finally, the disadvantage of the business is that the authorities  are not wrong to quote instructions on such laws.

Responded by units: The Ministry of Construction

Official letter: 1862/BXD - PC, dated: 2017-08-11

Responded contents:

(1)       on the inconsistency between regulations on licensing the planning in the Law on Construction, the Law on Urban Planning with the provisions on approval for investment policy in the Law on Housing

Article 4, Article 5 of Circular No. 19/2016 / TT-BXD dated 30 June 2016 of the Ministry of Construction guiding the implementation of some contents of the Law on  Housing and the Government's Decree No. 99/2015 / ND-CP of January 20, 2015 detailing and guiding the implementation of a number of articles of the Law on Housing, which has stipulated the contents related to planning and planning drawings in the request dossier of approval for investment policies that shall comply with the provisions of law on construction planning and urban planning.

However, to ensure consistency of the legal system, the Ministry of Construction has reviewed and recommended amendments to Article 171 of the Law on Housing 2014 in 2019.

Article 47 of the Law on Construction 2014, Article 71 of the Law on Urban Planning 2009 has stipulated that a planning permit shall be issued to a qualified investor as a basis for the elaboration of a detailed planning or to formulate investment projects on the construction of works in areas where there are no zone planning or approved detail plannings or urban planning or investment projects on the construction of concentrated works or separately in areas that have detail plannings have been approved, but it is necessary to adjust the boundaries or some indicators of land use.

Accordingly, the Law on Construction, the Law on Urban Planning and the guiding documents do not stipulate that "only grant the planning permit for land -owned units shall be granted to the newly-established legal entity under Decision No. 86/2010 / QD-TTg "as proposed by the Vietnam Association of Contractors. Where an enterprise has to relocate a joint venture with another investor to form a new legal entity as an investor in accordance with clause 3 of Article 5 of Decision No. 86/2010 / QD-TTg, The investor shall be a new legal entity (be capable of carrying out investment in the construction of the project)

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