On April 28, 2023, the Minister of Construction has just issued Circular 03/2023/TT-BXD ("Circular 03") amending Article 3 of Circular 09/2021/TT-BXD guiding the implementation of social housing development and management.
Pursuant to Article 3 of Circular 09/2021/TT-BXD, one of the principles when selecting investors of social housing investment projects is that the land to be used for the social housing construction has an approved detailed construction plan. However, the fulfillment of this condition in practice often faces many difficulties because the process of preparation, appraisal and approval is normally long; regardless the case where it is required to adjust the general planning to have grounds to approve the detailed plan. This prolongs the implementation of legal procedures.
In order to speed up the settlement of administrative procedures, in accordance with the incentives for social housing projects, Circular 03 has adjusted the principle of investor selection of social housing investment projects towards allowing cases where there is no approved detailed construction plan at the time of implementing bidding procedure. Specifically, in these cases, the land to be used is only required to be in an area having an approved subdivision plan in case a subdivision plan is required, or having an approved general plan in case a subdivision plan is not required.
However, the land to be used for the housing project must still have an detailed plan approved by the competent agency based on the National Technical Regulation on construction planning, and technical and social infrastructure conditions of the area to stipulate the land use quota and relevant requirements on connection of social infrastructure and technical infrastructure.
Circular 03 shall take effect from June 15, 2023.
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