Thông tư 02/2013/TT-BXD

CIRCULAR

GUIDING THE ADJUSTMENT OF APARTMENT STRUCTURE OF COMMERCIAL HOUSING PROJECTS AND URBAN CENTER CONSTRUCTION INVESTMENT PROJECTS AND CONVERSION OF COMMERCIAL HOUSING INTO SOCIAL HOUSING OR SERVICE WORKS

- Pursuant to Decree No. 17/2008/ND-CP dated February 04, 2008 of the Government defining the functions, tasks and powers of the Ministry of Construction;

- Pursuant to 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. 12/2009/ND-CP dated February 12, 2009 of the Government on management of works construction investment projects;

At the proposal of the Director of Department of Housing and real Estate market management;

The Minister of Construction issues Circular guiding the adjustment of apartment structure of commercial housing projects and urban center construction investment projects and conversion of commercial housing into social housing or service works as follows:

Article 1. Cases permitted for adjustment of apartment structure, conversion of commercial housing into social housing or service works

1. Cases permitted for adjustment of apartment structure, conversion of commercial housing into social housing are the commercial housing projects and urban center construction investment projects that have been approved by the competent authorities but failed to perform the construction or already performed the construction but the apartment structure or the intended use of commercial housing is not consistent with the market needs.

2. Investors of commercial housing development projects and urban center construction investment projects are permitted for adjustment of scale of commercial apartment with large area to commercial apartment with small area or conversion of apartment buildings and low-rise commercial buildings into social housing or service works (hospitals, medical center, schools, hotels, commercial works…) must comply with the principles specified in Article 2 and 3 of this Circular and the Decision on approval for permitting the adjustment of apartment structure or conversion of the intended use of commercial housing of the Chairman of People’s Committees of centrally-affiliated provinces or cities (hereafter referred to as provincial-level People’s Committee).

3. The adjustment of apartment structure, conversion of intended use of commercial housing into the commercial house or service works are only made for the items of construction works and apartments (including high-rise and low-rise ones) that the investors have not signed capital contribution contracts and sale and purchase contracts with customers. In case of having signed capital contribution contracts and sale and purchase contracts with customers, before adjustment of apartment structure and intended use, there must be a written consent of all customers who have signed contracts.

4. The commercial housing development projects and urban center construction investment projects with the size of 500 apartments or more, before the provincial-level People’s Committee makes a decision on permitting the adjustment of apartment structure or conversion of intended use must be agreed upon by the Ministry of Construction.

Article 2. Principles of adjustment of commercial apartment structure  with large area to small area.

The adjustment of commercial housing apartment structure from large area to small area must ensure the following principles:

1. Safety and convenience assurance for the users;

2. Apartments with small area after conversion must have sufficient space and minimum usable area such as: Kitchen, toilets, shower, etc.;

3. Area of the apartment after the conversion is not lower than the minimum standard of commercial housing design in accordance with the law on housing;

4. In case the project whose apartment structure is adjusted without changing the total construction floor area in accordance with the plans approved by the competent authorities, it is not necessary to review and re-approve the target population and detailed planning of 1/500 or general ground plan of the project; not applying regulation on area and apartment structure at Point 6.2.4.9 and 6.2.4.10 of the high-rise housing design standards TCXDVN 323:2004.

5. In case of adjustment of apartment structure of the project whose total housing construction floor area has been changed compared with the plans approved by the competent authorities, the adjustment of detailed planning of 1/500 or general ground plan shall be implemented.

In the adjustment process, the provisions in terms of area and structure of the apartment at Point 6.2.4.9 and 6.2.4.10 of the design standard of high-rise buildings TCXDVN 323:2004 shall not be applied but make adjustments under Regulation on construction plan (issued by Decision No. 04/2008/QD-BXD dated April 03, 2008 of the Minister of Construction) for review and adjustment of the detailed planning of 1/500 or general ground plan of that project.

Article 3. Principles of conversion of commercial housing project into social housing or service works and adjustment of commercial housing apartment.

1. The conversion of commercial housing project into social housing is adjusted to increase the building density, coefficient of land use and enjoy the incentives under the current regulations, but must meet the standard of social housing design and sell, lease, purchase lease in accordance with the subjects as prescribed by the law on housing.

2. The conversion of commercial housing apartment into service works must comply with the minimum standard and regulation and implement the management, operation and use of the works after construction investment in accordance with regulations issued by the competent authorities.

3. The projects with land use fee paid shall be refunded by the State or deducted from the financial obligations for which the investor of project must make payment to the State on the basis of re-calculation of land use fee of the project after adjustment.

Article 4. Order, procedures and dossier to request the conversion and adjustment of project

1. Dossier to request the adjustment of apartment structure and area and conversion of intended use of commercial housing includes:

a) Application for adjustment and conversion (under the form of Annex No. 1 attached to this Circular).

b) Copies approved and issued by the competent authority including: Document of Written recognition of investor; written approval of investment; investment certificate; decision on project approval; dossier, detailed plan drawing at a scale of 1/500 or general ground plan of the project; basic design dossier of the project;

c) The plan for adjustment of apartment structure or conversion of commercial housing into the social housing and service works (together with the explained drawings).

2. Service of Construction of centrally-affiliated provinces and cities is the focal unit to receive and handle dossier to request the conversion and adjustment of investors to organize the appraisal before submission to the provincial-level People’s Committee for review and decision.

3. During the appraisal of dossier for adjustment and conversion of project, the Service of Construction shall organize meeting to gather opinions of the agencies concerned including: Service of Architecture and Planning (if any), Service of Natural Resources and Environment, Service of Planning and Investment, People’s Committee of district where the projects are located (hereafter referred to as district People’s Committee). The focal unit shall send dossier to the agencies concerned before meeting. The opinions of the representatives of the agencies at the appraisal meeting are the official opinions about the project and are made in writing.

4. After the appraisal meeting, the Service of Construction shall send the minutes of the appraisal meeting on the adjustment and conversion of the project together with the draft decision on permission of adjustment or conversion (under the form specified in Annex 02 of this Circular). In case the project is not approved for adjustment and conversion, in addition to the minutes of appraisal meeting, the draft written reply clearly stating the reason for disapproval so that the provincial-level People’s Committee can review and make a decision. Within 07 working days after the receipt of the minutes and the draft decision on permission for adjustment and conversion of project (or draft written disapproval for adjustment and conversion of project) submitted by the Service of Construction, the provincial-level People’s Committee shall sign for issuance under its competence.

In case the project must be agreed upon by the Ministry of Construction as specified in Clause 4, Article 1 of this Circular, the Service of Construction shall prepare document for submission to the provincial-level People’s Committee for reviewing, signing and sending it to the Ministry of Construction for opinion contribution. Within 15 working days after receiving the written opinion, the Ministry of Construction shall reply in writing.

5. The time for appraisal and decision on permission for adjustment and conversion of the project is not more than 30 working days after the receipt of valid dossier.

For the projects which must be agreed upon by the Ministry of Construction specified in Clause 4, Article 1 of this Circular, within 10 days after receiving written agreement of the Ministry of Construction, the provincial-level People's Committee shall sign the decision to allow adjustment and conversion of the intended use of the project or reply in writing to the investor with respect to disapproval for adjustment and conversion of the intended use of the project.

Article 5. Responsibilities for implementation organization

1. The provincial-level People's Committee shall direct the agencies concerned to convert the commercial housing projects and urban center construction investment projects into the social housing or service works; adjust apartment structure of the commercial housing projects and urban center construction investment projects on the local scale.

2. The Service of Construction shall assume the prime responsibility and coordinate with the local competent agencies to carry out the appraisal of commercial housing projects and urban center construction investment projects converted into the social housing or service works and the commercial housing projects and urban center construction investment projects whose investors have a need to adjust the apartment structure for submission to provincial-level People's Committee for review and decision.

3. Department of Housing and real Estate market management shall assume the prime responsibility and coordinate with the agencies under the Ministry of Construction to guide and answer the difficult problems and obstacles in the process of implementation; advise the Minister of Construction to monitor, urge and inspect the implementation of adjustment of apartment structure and conversion of commercial housing project into the social housing projects or service works to resolve difficulties for business and production, marketing support, bad debt settlement under the provisions of this Circular.

Article 6. Implementation provision

1. This Circular takes effect from April 22, 2013 to the end of December 31, 2014.

2. Any difficulties arising during the implementation should be promptly reported to the Ministry of Construction for settlement or sybmitted to the competent authorities for review and decision.