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Building a commercial complex in an urban project, what is the procedure?

Thu, 31 Jan 2019 16:16:30 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Nam Dinh Textile and Garment Development Joint Stock Company expects to invest in construction of works in land lots with commercial and service functions in urban area projects, must comply with the law on construction. Therefore, the construction complex must conduct construction design evaluation.

The Nam Dinh Textile and Garment Development Joint Stock Company was assigned by the Nam Dinh People's Committee to be the investor of the urban area project, which has completed clearance, paid land use fees, and granted land use right certificates as well as be deploying investment and exploiting in accordance with the approved 1/500 detailed plan.

In the project, there is a functional and commercial land plot of about 7,000m2 which has fulfilled the 50-year lease finance obligation, has been allocated land and has a land use right certificate.

In order to serve commercial needs for residents, the Company plans to invest in building a synchronous construction complex in accordance with the approved planning such as construction density, setback space, number of floors, and construction height, floor area, approach ... and no change in the land use function has been granted.

After the construction is completed, the Company will let organizations and individuals sign a lease contract to do business on demand, with the Company's own capital source without budget origin.

The investor understands that, the project in the urban area project has been approved the detailed planning, it is not required to apply for the construction permit, only the basic design dossier is agreed with the construction management agency, not the production and business projects with changing land use purposes or using state capital.

However, when submitting the basic design dossier, the Department of Construction requires the procedures to apply for the provincial People's Committee to approve the investment policy before considering the total ground and appraising the architectural plan.

Through the system of receiving and responding to businesses' recommendations, the company requests competent agencies to guide implementation procedures so that the project can be implemented soon.

Regarding this issue, The Ministry of Construction responded as follows:

According to the recommendations of the Company, the Company has been assigned by Nam Dinh People's Committee to be the investor of the urban area project, granting the land use right certificate and deploying the project in accordance with the detailed planning. 1/500 approved.

The fact that the Company expects to invest in construction of works in land lots with commercial and service functions, an area of ​​about 7,000m2 must comply with the provisions of construction law. In particular, the complex of works planned to be constructed must be appraised construction design according to the provisions of the Construction Law 2014, the Decree No. 59/2015 / ND-CP dated June 18, 2015 of the Government on management of construction investment projects, the Decree No. 47/2017 / ND-CP dated April 5, 2017 of the Government amending and supplementing a number of articles of the Decree No. 59/2015 / ND-CP and other related regulations.

Regarding the issuance of construction permits, the above-mentioned construction works decided by the company is not eligible for exemption from construction permits as prescribed in Clause 2, Article 89 of the Construction Law. Therefore, the investor should contact the Department of Construction of Nam Dinh Province to be guided in the procedures for granting construction permits as prescribed.

Regarding the contents of investment policies, in case of order, procedures and competence to assign investors of urban area projects, grant the company's land use right certificate is in accordance with the law provisions at the corresponding time. According to the current regulations, the investment policy is the original legal document of the competent authority to select investors and agree on the policy of implementing the project. In this period, no detailed construction planning of 1/500 scale has been approved and no project has been set up (only proposals).

However, the Company has been assigned to be the investor of the urban area project, granted the land use right certificate and the land area with the approved detailed construction plan of 1/500 scale. Therefore, based on the regulations of implementing the transition in Clause 2, Article 74 of the Law on Investment and on the view of removing difficulties for businesses, the company does not need to re-apply for investment policy.

According to Clause 4, Article 30 of the Urban Planning Law, on the basis of approved detailed construction planning of 1/500 scale, the Company must set up an urban area project to carry out construction investment. The formulation, appraisal and approval of urban area projects must comply with the provisions of the Government's Decree No. 11/2013 / ND-CP of January 14, 2013 on management of urban development investment and regulations of relevant laws.

In case of order, procedures and competence to assign investors of urban area projects; issuing the land use right certificate of the company is not consistent with the provisions of law at the corresponding time, the company must complete this procedure before carrying out the construction permit procedures.

The order, procedures, content and competence to decide investment policies, request the company to contact the Ministry of Planning and Investment for detailed answer.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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