)Urban land means the land in inner cities and inner towns. For district townships, the urban land area shall be determined within the construction land area limit, not covering the agricultural land area.
3. Founding of new urban centers
3.1. The founding of new urban centers shall apply to the following cases:
a/ A population quarter or newly-invested and -built urban center ensures the basic factors of urban center classification as prescribed in Article 2 of Decree No.72/2001/ND-CP.
b/ Urban centers are founded on the basis of splitting, merging or dissolving relevant urban centers and administrative units.
3.2. Order of founding new urban centers:
The order of founding a new urban center shall comply with the following steps:
a/ Step 1: Elaborating, considering and approving the general planning of the projected urban center
The People’s Committee of the province or centrally-run city that wishes to found a new urban center shall organize the elaboration of the general planning of the projected urban center and submit it to the competent State agency for consideration and approval according to law provisions.
b/ Step 2: Elaborating the urban center-classification scheme to be submitted to the competent State agency for agreement on urban center grading.
The People's Committee of the province or centrally-run that wishes to found a new urban center shall organize the elaboration of the urban center- classification scheme and submit it to the competent State agency for appraisal, thereby making a written agreement on the grading of the to be-founded urban center.
c/ Step 3: Compiling scheme dossier of application for the founding of a new urban center
The People's Committee of the province or centrally-run city that wishes to found a new urban center shall have to organize the compilation of a scheme dossier to be submitted to the Government (through the Government Commission for Organization and Personnel for appraisal) for consideration and decision, with the following contents:
- The report of the People's Committee of the province or centrally-run city asking the Government to permit the setting up of the urban center;
- The urban center-founding scheme with the following contents:
+ Reasons for and necessity of the founding of a new urban center;
+ Analysis of basic factors of the urban center classification;
+ Brief contents of the general planning on urban construction already approved by the competent State agency;
+ Plan on separation, merger, dissolution or adjustment of administrative boundaries and administrative units related to the founding of a new urban center, including the explanations and two maps of the same scale to be copied from "map 364/CT of 1/2,000 scale to 1/50,000 scale", which was drawn up under Directive No.364/CT of November 6, 1991 of the Chairman of the Council of Ministers (now the Prime Minister) on the settlement of land disputes related to administrative boundaries, or printed from "map 364/CT" in digital form, including: one map showing the current administrative boundaries of the commune-level administrative units (for district-level urban centers, the administrative boundaries of the commune-level administrative units must also be reflected); and another describing the to be-founded, -merged, -divided or re-delimited administrative boundaries according to the submitted scheme;
+ Proposals and organization of implementation;
+ Illustrative drawings, appendixes and tables enclosed therewith;
- The relevant documents for consideration and approval of the urban center -founding scheme include:
+ The provincial-level People's Committee's report to the Government;
+ Resolution(s) and excerpt(s) of the minutes of meeting(s) of the provincial-level People's Council;
+ The district-level People's Committee's report to the provincial-level People's Committee;
+ Resolution(s) and excerpts of the minutes of meeting(s) of the district-level People's Council;
+ The commune-level People's Committee's report to the district-level People's Committee.
+ Resolution(s) and excerpts of the minutes of meeting(s) of the commune-level People's Council;
+ Sum-up of people's opinions;
+ Appraisal opinions of the provincial-level architecture and planning management agency (chief architect for Hanoi and Ho Chi Minh City; provincial/municipal Construction Services for the provinces and remaining centrally-run cities) and the provincial/municipal Administration’s Organization Committees;
+ Appraisal opinions of the Construction Ministry regarding the general planning and urban center-classification criteria, for projected urban centers of grade IV or higher;
+ Opinions of other relevant ministries and centrally-run branches (if they are deemed necessary).
d/ Step 4: Deciding to recognize the newly-founded urban center’s grade
On the basis of the competent State agency’s decision on the setting up of the urban center, the People’s Committee of the province or centrally-run city (that wishes to found a new urban center) shall have to direct the completion of a dossier of application for urban center classification in order to decide according to its competence or submit to the competent State agency for decision the recognition of the urban center’s grade.
4. Division of inner cities, inner towns as well as suburbs and outskirts
Cities are divided into inner cities and suburbs. For the centrally-run cities, their inner areas shall be divided into urban districts which shall be further divided into wards; suburbs shall be divided into rural districts which shall be further divided into communes and district townships. Besides, centrally-run cities may also have towns. For the provincial cities, their inner areas shall be divided into wards while suburbs shall be divided into communes.
Provincial capitals shall be divided into inner towns and outskirts. Inner towns shall be further divided into wards while outskirts- into communes.
District townships shall not have their outlying areas.
5. Functions and sizes of suburbs and outskirts
5.1. The determination and delimitation of suburbs and outskirts of cities and towns must be based on the functions, and basic factors for the creation, of those suburbs and outskirts as prescribed in Clause 1, Article 7 of Decree No.72/2001/ND-CP and must be decided by competent State agencies.
Depending on the urban center’s nature, size and grade as well as the current characteristics and natural conditions of its adjacent areas, suburbs and outskirts of a city or town is not necessary to have all functions as prescribed.
5.2. On the basis of the already determined boundaries of suburbs and outskirts, the People’s Committees of the provinces and centrally-run cities shall have to organize the compilation, consideration and approval of suburban and outskirts construction plannings, aiming to determine the land areas reserved for urban expansion and development, the arrangement of specialized centers, convalescent establishments, tourist resorts, greenery belts and forest parks for environmental protection and ecological balance.
The suburban and outskirts construction plannings must accord with the overall plannings for socio-economic development of the provinces and centrally-run cities, the general plannings on construction of related urban centers and rural areas, ensuring the compliance with the State’s norms, criteria, rules and regulations on elaboration, construction and approval of construction plannings.
II. CLASSIFICATION OF URBAN CENTERS
1. Order and contents of urban center classification
When there appears a demand for urban center grading, upgrading or regarding, the People’s Committees of the provinces and centrally-run cities shall organize the study and compilation of urban center-classification scheme dossiers and submit them to the competent State agencies for consideration and approval:
1.1. For special-grade, grade-I and grade-II urban centers, the urban center classification shall be conducted as follows:
a/ For urban centers being centrally-run cities, the municipal People's Committees shall assign the municipal architecture-planning management agencies to assume the prime responsibility in elaborating the urban center- classification dossiers and schemes and submitting them to the People's Committees of the centrally-run cities.
The People's Committees of the centrally-run cities shall consider and submit to the municipal People’s Councils for approval the urban center-classification schemes by resolutions before they are submitted to the Government or the Prime Minister according to the provisions in Clauses 1 and 2, Article 15 of Decree No.72/2001/ND-CP.
The Ministry of Construction shall organize the appraisal of urban center- classification schemes before submitting them to the Government or the Prime Minister for consideration and decision of the recognition of urban centers' grades.
b/ In cases where urban centers are the provincial cities, the provincial People's Committees shall assign the municipal People's Committees to compile dossiers submitting the urban center-classification schemes to the People's Councils of the same level for approval before they are submitted to the provincial People's Committees.
The provincial-level architecture-planning management agencies shall organize the appraisal of urban center-classification schemes and provide guidance to the municipal People's Committees before submitting them to the provincial People's Committees.
The provincial People's Committees shall consider and submit the schemes to the provincial People's Councils for approval by resolutions before they are submitted to the Prime Minister.
The Ministry of Construction shall organize the appraisal of the schemes before submitting them to the Prime Minister for consideration and decision of the recognition of urban centers' grades.
1.2. For grade-III and grade -IV urban centers, the urban center classification shall be conducted as follows:
The People's Committees of the provinces or centrally-run cities that apply for the grading of urban centers shall assign the town or district People's Committees to elaborate the urban center-classification schemes and submit them to the People's Councils of the same level for approval before they are submitted to the People's Committees of the provinces or centrally-run cities.
The provincial-level architecture-planning management agencies shall organize the appraisal of urban center-classification schemes before submitting them to the People's Committees of the provinces or centrally-run cities.
The People's Committees of the provinces or centrally-run cities shall consider and submit to the People's Councils of the same level for approval the urban center-classification schemes by resolutions before they are submitted to the Ministry of Construction.
The Ministry of Construction shall organize the scheme appraisal before deciding on the recognition of urban centers' grades.
1.3. For grade-V urban centers, the urban center classification shall be conducted as follows:
The People's Committees of the provinces or centrally-run cities shall assign the People's Committees of the districts where urban centers are to be graded to compile and submit dossiers on urban center-classification schemes to the district People's Councils for approval by resolutions before they are submitted to the People's Committees of the provinces or centrally-run cities.
The provincial-level architecture-planning management agencies shall organize the appraisal of urban center-classification schemes and submit them to the People's Committees of the provinces or centrally-run cities for consideration of and decision on the recognition of urban centers' grades.
1.4. For newly-founded urban centers, the recognition of their grades shall be conducted after they are founded by decisions of the competent State agencies according to the order and contents defined in Items 3.1 and 3.2, Clause 3, Part II of this Circular.
Before submitting to the competent State agencies for decision the founding of new urban centers, the State agencies competent to decide on the recognition of urban centers' grades shall have to examine and evaluate the urban center- classification criteria and give their official written opinions on the grades of the projected urban centers.
2. Methods of urban center evaluation and grading
2.1. Grounds for urban center evaluation and grading
The evaluation and grading of urban centers must be based on the urban center-classification criteria prescribed in Decree No.72/2001/ND-CP; the current state of urban development; the overall planning on socio-economic development of the provinces, centrally-run cities and districts; the general planning on urban center construction and relevant legal documents.
2.2. Methods of urban center evaluation and grading
a/ The comparative method
On the basis of the existing criteria belonging to basic factors of urban centers, to compare them with the minimum criteria prescribed for each urban center category mentioned in Articles 8, 9, 10, 11, 12, 13 and 14 of Decree No.72/2001/ND-CP and conduct the urban center evaluation and grading according to the principle that the component factors of the graded urban centers must ensure the prescribed minimum criteria.
In evaluation, if some of the factor criteria for urban center classification are below 70% of the prescribed criteria, it is necessary to consider the development prospect of the concerned urban center in the first-phase (five-year) construction planning contents as well as the highly feasible measures that may help overcome the urban center’s problems and shortcomings in order to decide on its grade.
b/ The point-calculation method
- The evaluation and grading of urban centers may be conducted by the point-calculation method. Depending on the size and importance of urban centers, the classification criteria shall be determined in percentage corresponding to certain points for evaluation and grading thereof:
+ Criterion 1: The urban centers’ functions represent 25%, including 2 norm groups being the position norms (administrative management level, nature and sphere of influence) and socio-economic norms, equivalent to 25 points.
+ Criterion 2: The non-agricultural labor force represents 20%, equivalent to 20 points.
+ Criterion 3: The social and technical infrastructure represents 30%, equivalent to 30 points.
+ Criterion 4: The urban population size represents 15%, equivalent to 15 points.
+ Criterion 5: The population density represents 10%, equivalent to 10 points.
- The detailed factors and norms of the above-mentioned criterion groups shall also be converted into point scales. The total and highest points, thereby, shall be 100. In cases where an urban center reaches only the prescribed minimum criteria, its total points shall be 70. So, when an urban center is being evaluated and graded, if its factors achieve 70 points or more, it may be considered for recognition as a projected urban center.
- To facilitate the evaluation and grading of urban centers, the scheme-evaluating and -appraising agencies may use the separate evaluation method according to each factor on the basis of tables 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 and 3.8 of the Appendix issued together with this Circular (not printed herein) before making the general evaluation of the urban center-classification factors.
3. Dossier submitting the urban center-classification scheme for approval
The dossier submitting for approval an urban center-classification scheme shall include:
3.1. The explanatory part
a/ The report of the People's Committee of the province or centrally-run city regarding the urban center classification.
b/ The urban center-classification scheme with the following principal contents:
- Reasons for and necessity of urban center grading;
- The outline of the urban center's historical process;
- Evaluation of the urban development status quo and the grounds for urban center classification;
- Brief of the urban general planning, including details on the contents of the first-phase (5-year) construction planning and measures to overcome problems and shortcomings;
- Sum-up of urban center-classification criteria
- Proposals and organization of implementation.
3.2. The miniatured drawings, including:
- The diagram on the urban center's position in the system of urban centers of the concerned province or centrally-run city.
- The map on the construction status quo and administrative boundaries of the urban center.
- The map on the urban space development orientations to 2020.
- The first- phase (5-year) construction planning map.
- The illustrative appendixes and tables.
3.3. Documents related to the process of urban classification scheme- consideration and approval:
- The report of the municipal or town People's Committee; or of the district People's Committee, for the urban center being a district township.
- The resolution of the People's Council of the same level and the resolution of the provincial-level People's Council approving the urban center- classification scheme.
- The opinions of the scheme-appraising body.
- The opinions of the relevant ministries and branches (if they are deemed necessary).
3.4. One video tape or disc on the development situation of the to be-graded urban center (about 30 minutes long).
III. URBAN MANAGEMENT LEVELS
1. Criteria for determination of urban management levels
1.1. The centrally-run cities must meet the criteria of special-grade or grade-I urban centers. The determination of the urban management level must comply with the State’s undertakings and overall socio-economic planning as well as overall planning orientations for development of urban centers throughout the country.
1.2. The provincial cities must meet the criteria of grade-II or grade-III urban centers. The determination of urban management level must comply with the State’s undertakings and overall socio-economic planning, the overall planning orientations for development of urban centers throughout the country and the overall planning on the system of urban centers in the provincial territory.
1.3. The provincial towns or towns under the centrally-run cities must meet the criteria of grade-III or grade-IV urban centers. The determination of urban management level must comply with the State's undertakings, overall planning orientations for development of urban centers throughout the country and overall planning for urban development of the provinces or centrally-run cities.
1.4. The district townships must meet the criteria of grade-IV or grade-V urban centers. The determination of urban management level must comply with the State’s undertakings, the overall planning orientations for development of urban centers throughout the country, the overall planning for urban development of the provinces or centrally-run cities and the district construction planning.
2. Order and contents of determination of urban management levels
When there appears a demand for determination, raising or re-determination of urban management levels, the People's Committees of the provinces or centrally-run cities shall organize the compilation of dossiers of submitting the urban management level-determination scheme to the competent State agencies for consideration and approval.
2.1. For the upgrading of a provincial city to a centrally-run city, the order and contents of management level determination shall be conducted as follows:
a/ The provincial People's Committee shall assign the provincial Administration's Organization Section to assume the prime responsibility and coordinate with the municipal People's Committee in compiling a dossier to submit the urban management level-determination scheme.
b/ The provincial People's Committee shall submit to the People’s Council of the same level for approval the urban management level-determination scheme by resolution before submitting it to the Government;
c/ The Government Commission for Organization and Personnel shall organize the appraisal of the scheme before submitting it to the Government for further submission to the National Assembly for consideration and decision.
2.2. For the upgrading of an urban center into a provincial city or provincial town or a town under a centrally-run city and the upgrading of a residential quarter into a district township, the determination of its management level shall be conducted as follows:
a/ The People's Committee of the province or centrally-run city shall assign the People's Committee of the provincial town or the district People's Committee, for district townships and residential quarters, to compile a dossier of submitting the urban management level-determination scheme to the People's Council of the same level for approval before submitting it to the People's Committee of the province or centrally-run city;
b/ The People's Committee of the province or centrally-run city shall submit to the People's Council of the same level for approval the scheme before it is submitted to the Government.
c/ The Government Commission for Organization and Personnel shall organize the appraisal of the scheme and submit it to the Government for consideration and decision.
3. Dossier of submitting the urban management level-determination scheme
The dossier of submitting an urban management-level determination scheme shall include:
3.1. The explanatory part
a/ The report of the People's Committee of the province or centrally-run city, proposing the raising of the urban management level.
b/ The rationale for determination of the urban management level, with the following principal contents:
- The reasons and necessity of determination of the urban management level;
- The historical process and current state of the urban management level;
- The basis for determination of the urban management level with all grounds for consideration and decision of the urban management level according to the provisions of Clause 1, Article 16 of Decree No.72/2001/ND-CP.
3.2. The miniatured drawings, including:
- The diagram on the position of the urban center in the system of urban centers of the province or centrally-run city;
- The map on the current administrative boundaries of the urban center;
- The map on the delineation of administrative boundaries of the urban center;
- Appendixes and tables for illustration.
3.3. Documents related to the process of consideration and approval of the urban management level-determination scheme:
- The decision on recognition of the urban center’s grade issued by the competent State agency. For a new urban center, there must be a written agreement on urban center-classification criteria issued by the competent State agency;
- The report of the People's Committee of the city or provincial town; for district township, there must be a report of the district People's Committee;
- The resolutions of the People's Councils of relevant levels, approving the urban management level-determination scheme;
- The appraisal opinions of the provincial/municipal Administration's Organization Committee;
- The opinions of the relevant ministries and branches (if they are deemed necessary).
IV. ORGANIZATION OF IMPLEMENTATION
1. The presidents of the People's Committees of the provinces and centrally-run cities shall direct the classification of urban centers and determination of urban management levels in the localities under their respective management.
2. The chief architects of Hanoi and Ho Chi Minh City, the directors of the provincial/municipal Construction Services, the heads of the provincial/municipal Administration's Organization Committees shall assist the People's Committees of the provinces and centrally-run cities to organize the implementation and guide the People's Committees of cities, provincial towns and districts to implement the provisions of the Government's Decree No.72/2001/ND-CP and the guidance in this Circular.
3. This Circular takes effect 15 days after its signing. In the course of organizing the implementation, if problems and/or obstacles arise, the People's Committees of the provinces and centrally-run cities and concerned branches are requested to send their opinions thereon to the Ministry of Construction and the Government Commission for Organization and Personnel for study and settlement.
Minister-Director of
the Government Commission for
Organization and Personnel
DO QUANG TRUNG