CIRCULAR

ON AMENDMENTS TO ARTICLE 3 OF CIRCULAR NO. 09/2021/TT-BXD DATED AUGUST 16, 2021 OF THE MINISTER OF CONSTRUCTION ON GUIDELINES FOR DECREE’S NO. 100/2015/ND-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING AND DECREE’S NO. 49/2021/ND-CP DATED APRIL 1, 2021 OF THE GOVERNMENT ON AMENDMENTS TO DECREE’S NO. 100/2015/ND-CP DATED OCTOBER 20, 2015 OF THE GOVERNMENT ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Urban Planning dated June 17, 2009;

Pursuant to the Law on Construction dated June 18, 2014 and the Law on amendments to the Construction Law dated June 17, 2020;

Pursuant to Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on development and management of social housing and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government on amendments to Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on development and management of social housing;

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Pursuant to Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government on elaboration of and guidelines for the Law on Investment;

Pursuant to Decree No. 52/2022/ND-CP dated August 8, 2022 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Department of Housing and Real Estate Market Management.

The Minister of Construction promulgates a Circular on amendments to Article 3 of Circular No. 09/2021/TT-BXD dated August 16, 2021 on guidelines for Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on development and management of social housing and Decree No. 49/2021/ND-CP dated April 1, 2021 of the Government on amendments to Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on development and management of social housing.

Article 1. Amendment to Point d Clause 1 Article 3

“d. Have a detailed construction planning which is already approved by a competent authority in accordance with law.

In case there is no approved detailed construction planning, as for an area which requires the zoning planning, an approved zoning planning is required, as for an area which requires no zoning planning, an approved general planning is required. Furthermore, the land area where the housing project is expected to be built must have the detailed planning approved by the competent authority based on the National Technical Regulations on construction planning, technical and social infrastructure conditions of the region to stipulate the planning land use indicators and related requirements on the connection of social and technical infrastructure.”

Article 2. Implementation

Ministries, ministerial-level agencies, Governmental agencies, other central agencies, People's Committees and relevant organizations and individuals shall implement this Circular. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration./.

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1. This Circular comes into force from June 15, 2023.

2. If the legislative documents referred to in this Circular are approved for amendments or superseded by other legislative documents, the new documents will prevail./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Van Sinh

Thông tư 03/2023/TT-BXD sửa đổi Điều 3 Thông tư 09/2021/TT-BXD hướng dẫn thực hiện nội dung của Nghị định 100/2015/NĐ-CP về phát triển và quản lý nhà ở xã hội và Nghị định 49/2021/NĐ-CP sửa đổi Nghị định 100/2015/NĐ-CP về phát triển và quản lý nhà ở xã hội do Bộ trưởng Bộ Xây dựng ban hành