Circular No. 11/2013/TT-BXD of July 31, 2013, prescribing the reporting regime on implementation of investment in construction and business in real estate projects

CIRCULAR

PRESCRIBING THE REPORTING REGIME ON IMPLEMENTATION OF INVESTMENT IN CONSTRUCTION AND BUSINESS IN REAL ESTATE PROJECTS

Pursuant to the Housing Law No. 56/2005/QH11 dated November 29, 2005;
Pursuant to the Law on real estate business No. 63/2006/QH11 dated June 29, 2006;
Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No. 153/2007/ND-CP dated October 15, 2007, detailing and guiding implementation of a number of Articles of the Law on real estate business; 
Pursuant to the Government’s Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding implementation of the Housing Law;
Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management over investment in urban development;
At the proposal of the Director of Department of House and Real Estate Market Management,
The Minister of Construction promulgates the Circular prescribing the report regime on implementation of investment in construction and business in real estate projects.
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
1. This Circular guides implementation of reports on carrying out investment in construction and business in real estate projects.
2. Types of real estate projects must report as prescribed in this Circular include:  Projects on housing development; projects on investment in construction of new urban centers; projects on technical infrastructure of industrial zones; projects on shopping mall, offices for rent, hotels; projects on ecological and convalescence tourist zones.
Article 2. Subjects of application
1. Subjects that have responsibility for making reports as prescribed of this Circular include:
a) Construction Departments of provinces and central-affiliated cities;
b) Investors of the real estate projects as prescribed in Clause 2 Article 1 belonging to all economic sectors.
2. Relevant organizations and individuals shall supply information, data for focal agencies to sum up and report.
Chapter 2.

PROVISIONS ON THE REPORTING REGIME

Article 3. Report of local state management agencies in real estate field
1. Units making reports: Construction Departments of provinces and central-affiliated cities
2. Content of reports:
On the basis of reports of investors of real estate projects, data of relevant agencies, the Construction Departments of provinces and central-affiliated cities shall sum up and make the following reports:
a) General report on basic information of real estate projects in localities (the form at Annex 1);
b) General report on carrying out of investment in construction of real estate projects in localities (the form at Annex 2);
c) General report on land clearance of real estate projects in localities (the form at Annex 3);
d) General report on real estate business at real estate projects in localities (the form at Annex 4);
e) Report on real estate transactions and budget revenues from land and from real estate transaction (the form at Annex 5);
In the general reports mentioned above, they are required to clearly state the cases which investors have offences in the course of carrying out real estate projects in order to handle under competence and propose the provincial People’s Committees for measures of handling in conformity with provisions of law on investment, construction, land, housing and real estate business.
3. Time limit for sending report to the Ministry of Construction:
a) Quarterly (before the end day of end month of quarter);
b) Annually (before December 31).
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn).
Article 4. Reports of investor of real estate projects
1. Units making reports: Investors of real estate projects, Management Boards of industrial parks, industrial clusters; Management Boards of urban development zones which are established by State.
2. Content of reports:
a) General report on basic information of real estate projects in localities:
Reporting basic content of project under the written approval for investment, certificate of investment or decision on investment permission of competent state agencies. When projects have adjustments or supplementations, the investors of real estate projects shall make reports supplementing the adjusted contents.
(Form at Annex 6).
b) Report on carrying out investment in construction of projects.
Report on land clearance, investment in construction of technical infrastructure works; investment in construction of works.
(Form at Annex 7).
c) Report on business status at project:
– Status of mobilizing capital (Form at Annex 8);
– Status of performing financial obligations (Form at Annex 9);
– Status of selling the houses, leasing house, transferring land use rights, leasing land… (Form at Annex 10).
For projects which have been finished course of investment in construction, investors shall continue reporting on business status at projects until whole real estate allowed business in project have been sold and leased.
d) Report on ending investment in construction of projects: Report on major content of projects after having finished the investment in construction (the form at Annex 11).
3. Time limit for sending report to the provincial Construction Departments and the Ministry of Construction:
a) Time limit for sending general report on basic information of real estate projects is prescribed as follows:
– 7 days after having decision on approval for investment or permission of investment, decision on approval of projects of competent agencies, certificates of investment (for foreign investment projects);
– 7 days after having decision on adjustment to projects (if any), an additional report must be sent.
b) Time limit for sending reports on carrying out investment in construction and reports on project business is prescribed as follows:
– Quarterly report (before the 25^th day of end month of quarter);
– Annual reports (before December 25).
c) Time limit for sending report on ending investment in construction is prescribed as follows:
– 15 days after finishing investment in construction of works according to investment stages or finishing sub-projects (investment stages or finishing sub-projects are inscribed in decision on approval for investment, decision on approval for projects, decision on permission of investment or certificates of investment…);
– 15 days after finishing investment in construction of entire works of projects.
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
– The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn);
– The provincial Construction Departments where have projects.
Article 5. Examination of implementation and handling of violations regarding reporting status of carrying out implementation of real estate projects
1. Examining implementation of the reporting regime:
a) The Construction Departments of localities shall examine content of reports of investors of real estate projects in localities;
b) The Department of Housing and real estate market Management shall examine reports of the provincial Construction Departments and coordinate with the Construction Departments of localities to examine status of carrying out the real estate projects in order to serve the state management work.
2. Handling of violations:
Investors of real estate projects who fail to report or report improperly with the time limit, report with the incorrect or insufficient content as prescribed in this Circular will be handled as follows:
a) Violation for the first time: The local Construction Departments shall send document for reminding to investor;
b) Violation for the second time: To publicize information of violations on website of the Ministry of Construction, websites of the provincial People’s Committees, websites of the local Construction Departments where implement the real estate projects and notify to investors (if any).   Concurrently, sanction administrative violation prescribed by law.
Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 6. Transitional provisions
1. For projects which are being implemented: Within 30 days after this Circular takes effect, the investors of projects must send reports as prescribed in Article 4 of this Circular.
2. For projects which have been finished and accepted for receipt and putting into use from January 01, 2013 to the effective date of this Circular:  The investors of projects must report as prescribed in point d Clause 2 and point c Clause 3 Article 4 of this Circular.
Article 7. Organization of implementation
1. Responsibilities of the Department of House and Real Estate Market Management – the Ministry of Construction:
a) To sum up data of reports as prescribed in this Circular and report to the Minister of Construction about status of carrying out investment in construction and business at the real estate projects nationwide;
b) To assume the prime responsibility for, and coordinate with the relevant units under Ministries, sectors and localities to examine status of carrying out the real estate projects.
2. Responsibilities of People’s Committees of provinces, central-affiliated cities and the provincial Construction Departments:
a) People’s Committees of provinces and central-affiliated cities shall promulgate Regulation on coordination, specific tasks and liabilities of departments, sectors, specialized agencies under their management (Department of Planning and Investment, Financial Department, Taxation Department, Department of Natural Resources and Environment, the Management Board of industrial zones, the Management Board of urban development area) and the district-level People’s Committees in supplying data for the Construction Departments for summing up and report;
b) The Construction Departments are focal agencies in summing up reports, and take responsibilities for guiding and urging investors of real estate projects in their geographical areas to implement strictly the report as prescribed in this Circular.
Article 8. Provisions of implementation
1. This Circular takes effect on October 01, 2013.
2. Subjects prescribed in this Circular shall implement the report from Quarter 4/2013.
3. In the course of implementation, any arising problems should be reported to the Ministry of Construction for consideration and settlement.
 

 
PLAN
LIST OF ANNEXES
(Promulgated together with the Circular No. 11/2013/TT-BXD dated July 31, 2013 of the Minister of Construction)