The Circular No. 09/2021/TT-BKHĐT guiding on the selection of investors to implement investment projects in the form of public-private partnerships and investment projects utilizing land

On November 16th, 2021, the Ministry of Planning and Investment has promulgated the Circular No. 09/2021/TT-BKHDT guiding on the selection of investors to implement investment projects in the form of public-private partnerships and investment projects utilizing land (hereinafter referred to as “Circular No. 09/2021”) detailing and guiding the implementation of certain provisions of the Decree No. 35/2021/ND-CP and the Decree No. 25/2020/ND-CP, as well as replacing the former Circular No. 06/2020/TT-BKHDT. The highlight of this Circular is that it adds urban areas, headquarters buildings and work offices construction projects into the guidance on identifying investment projects utilizing land.

Accordingly, the identification of investment projects utilizing the land as prescribed by Article 11.1 of the Decree No. 25/2020/ND-CP (amended by Article 108.4 of the Decree No. 31/2021/ND-CP) will be conducted as follows:

(i) Urban areas shall be identified in accordance with Clause 1, Section VII about Construction investment projects with mixed service function in Appendix IX attached to the Decree No. 15/2021/ND-CP, including:

  • Investment projects to construct housing-included urban areas that are projects invested to construct synchronous technical and social infrastructure systems, formed from one or more residential units according to the approved zoning plans or projects with the land use scale of 20 hectares or more in case the zoning plans don’t identify specific residential units;
  • Investment projects to construct non-housing urban areas that are projects invested to construct synchronous technical and social infrastructure systems with other construction works having the land use scale of 20 hectares or more. 

(ii) Commercial housings shall be identified in accordance with Article 3.4 of the Law on Housing No. 65/2014/QH13. Correspondingly, Commercial housing is any house invested to construct for sale, lease, lease purchase according to market mechanisms. 

(iii) Headquarters buildings and work offices including buildings used as offices combined with accommodations shall be identified in accordance with Point h, Clause 2, Section I of Appendix I attached to the Decree No. 06/2021/ND-CP, including:

  • Buildings used as headquarters, work offices of State agencies and political, socio – political organizations; 
  • Buildings used as headquarters, work offices of socio – occupational organizations, service providers, enterprises and other organizations, individuals; 
  • The building used as offices combined with accommodations.

(iv) Commercial constructions including shopping malls, supermarkets, markets, stores; restaurants, food and beverage shops and other commercial constructions as prescribed in Point e, Clause 2, Section I of Appendix I attached to the Decree No. 06/2021/ND-CP; 

(v) Service constructions including hotels, guest houses, motels; resorts; rental villas, rental apartments and other accommodation service facilities as prescribed in Point g, Clause 2, Section I of Appendix I attached to the Decree No. 06/2021/ND-CP, in particular: 

  • Hotels, guest houses, motels; resorts; rental villas, rental apartments and other accommodation service facilities; 
  • Standalone billboards; post offices, post bureaus, other post and telecommunications service providers. 

The Circular No. 09/2021/TT-BKHDT replacing the Circular No. 06/2020/TT-BKHDT will start to take effect from January 1st, 2022.

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