What is the procedure for investing in building a hospital in accordance with Vietnamese law?
“Dear lawyer, our business is currently planning to invest in the medical field, specifically to build a hospital. However, we do not know the procedure to invest in building a hospital, need to build a hospital. How to carry out the process in accordance with the law. So can you help me with the procedure for investing in building a hospital? Please help.” Thank you for trusting us and sending us your questions. To answer this question, today, LSX Lawfirm will give you an article about “What is the procedure for investing in building a hospital in accordance with Vietnamese law?“, as follows:
Legal grounds
- Decree 15/2021/ND-CP
What is the investment?
Investment in the broad sense is the sacrifice of resources in the present to carry out certain activities in order to get the investor certain results in the future that are greater than the resources spent to achieve the goals. that result. Resources can be money, natural resources, labor, and intelligence. The results can be an increase in financial assets, physical assets, intellectual property, and resources.
Investment in the narrow sense only includes activities that use resources in the present to bring back for the economy and society future results that are greater than the resources used to achieve those results. . What is an investment?
From here comes the concept of investment as follows: Investment is the use of financial resources, material resources, labor resources and intellectual resources for production and business for a relatively long time in order to earn income. on profits and socio-economic benefits.
How to invest in building a hospital?
Pursuant to Article 4 of Decree 15/2021/ND-CP detailing a number of contents on construction investment project management, the specific order and procedures for construction investment are as follows:
(1) The order of construction investment implementation according to the provisions of Clause 1, Article 50 of the Law on Construction 2014, is specified as follows:
- The project preparation phase includes the following works: construction survey; elaboration, appraisal, pre-feasibility study report, decision or approval of investment policy (if any); elaborating, appraising, and approving detailed construction planning for the preparation of construction investment feasibility study reports; preparing and appraise the feasibility study report for approval/construction investment decision and perform other necessary works related to project preparation.
- The project implementation phase includes the following works: preparation of construction sites, demining (if any); Construction survey; elaboration, appraisal, and approval of construction designs and estimates; granting construction permits (for works as prescribed, a construction permit is required); selecting contractors and signing construction contracts; Construction works; supervision of construction; advance, payment of completed volume; operation, test run; acceptance test for completion of construction works; handing over the works and putting them into use and other necessary works;
In addition
– The construction completion stage includes the following tasks: settlement of construction contracts, settlement of completed projects, confirmation of work completion, construction warranty, handing over of related documents, and construction works. other necessity.
(2) The order of implementation of investment projects on construction of urgent works shall comply with the provisions of Article 58 of this Decree. The order of implementation of an investment project in the form of a public-private partnership with a construction component (hereinafter referred to as a PPP project) shall comply with the law on investment in the form of a public-private partnership. For the remaining projects, depending on the specific conditions and technical requirements of the project, the investment decider shall decide the sequence of sequential or concurrent implementation of the specified work items. at Points b and c, Clause 1 of this Article, consistent with the contents of the project approval decision.
(3) According to the nature of the project and specific conditions, compensation, support and resettlement shall be carried out at the project preparation or project implementation stage, ensuring compliance with the order and procedures. according to the provisions of the law on land.
Is it possible to invest in building a hospital on the land plot being rented as a factory?
Pursuant to Clause 2, Article 10 of the 2013 Land Law stipulates as follows:
“Article 10. Land classification
- The non-agricultural land group includes the following types of land:
d) Land for construction of non-business works, including land for construction of offices of non-business organizations; land for construction of cultural, social, medical, educational and training facilities, physical training and sports, science and technology, diplomacy and other non-business works;
dd) Non-agricultural production and business land, including land in industrial parks, industrial clusters, and export processing zones; commercial and service land; land for non-agricultural production establishments; land used for mineral activities; land for production of building materials and pottery”
Accordingly, land for the construction of non-business works (medical facilities) is different from non-agricultural land used for factory purposes.
And
Clause 1, Article 11 of Circular 02/2015/TT-BTNMT (amended by Clause 2, Article 5 of Circular 09/2021/TT-BTNMT) stipulates:
“Article 11. Registration for change of land use purpose
- Cases of change of land use purpose that do not require permission from a competent state agency but must register the change, including:
a) Transfer of land for growing annual crops to another agricultural land, including land used for building greenhouses and other types of houses for cultivation purposes; land for construction of barns for raising cattle, poultry, and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
b) Change of land for planting other annual crops or aquaculture land for perennial crops;
c) Converting land for growing perennial crops to land for aquaculture or annual crops;
d) Converting residential land to non-agricultural land which is not residential land;
dd) Converting commercial or service land into non-agricultural production and business land that is not commercial or service land; converting non-agricultural production and business land which is not commercial land, service land, or non-agricultural production establishment land to land for construction of non-business works.”
According to the above regulations, when changing the purpose from commercial or service land to land for construction of non-business works, the permission of the competent state agency is not required, but the change must be registered.
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Related questions
Pursuant to Clause 1, Article 6 of Circular 10/2021/TT-BXD stipulating the order of construction assessment, including the assessment agency, investor, owner or manager or user of the work, The assessment agency shall organize the construction assessment and the assessment agency shall notify the assessment conclusion
When the unit invests in the construction of hospitals and schools, the unit needs to register the change of land purpose. Procedures for registration of changes shall comply with Clauses 2 and 3, Article 11 of Circular 02/2015/TT-BTNMT.
According to Clause 2, Article 5 of Circular 10/2021/TT-BXD, the contents of the construction inspection outline are prescribed as follows:
– Purpose, requirements, objects, and contents of the inspection;
– List of applicable technical regulations and standards;
– Information on the capacity of the chairperson and the individual conducting the inspection, the specialized construction laboratory performing the verification (if any);
– Procedures and methods of testing;
– The progress of the inspection;
– Estimation of inspection costs;
– Other necessary contents.
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