Chương 3 Nghị định 92/2005/NĐ-CP Hướng dẫn Pháp lệnh Thủ đô Hà Nội: Quản lý và xây dựng, phát triển đô thị của thủ đô

Chapter 3.

MANAGEMENT AND CONSTRUCTION AND URBAN DEVELOPMENT OF THE CAPITAL

ITEM 1: MANAGEMENT OF PLANNING AND URBAN CONSTRUCTION

Article 15. Management of architecture, construction planning

People's Council, People's Committee of Hanoi city is responsible for:

1. Deciding on making and approval of detailed planning of new urban areas, administrative - economic, administrative - political areas, commercial centers, finance, foreign affairs, culture, sports, the populated rural areas; based on the Capital area planning of construction of Hanoi’s architecture in the direction of modern, conservation and preservation of typical architecture of Hanoi, ensuring the synchrony in accordance with historic, political, cultural, population nature and development conditions of the Capital which has been approved by the Prime Minister.

2. Promulgating Regulations on management of architecture and construction planning in each region in accordance with specific characteristics of the Capital.

3. Developing systems to provide public information on architectural planning to ensure convenience for all organizations and citizens upon wishing to learn.

Article 16. Measures to implement management and housing construction

1. People's Council, People's Committee of Hanoi city is responsible for:

a) Deciding on the construction investment areas aiming to trade houses; the areas where the business or property, residential uses are conditional;

b) Deciding on measures to encourage organizations and individuals to invest, construct, and develop housing;

c) Deciding on incentive regime in the sale, housing rental for policy subjects, officials, public servants and low-income people in the area;

d) Implementing measures to create, organize, manage market of property business;

đ) Promulgating regulations on management of housing quality standards, technical regulations, housing construction unit prices in accordance with the conditions of the Capital; after obtaining the written consent of the Minister of Construction;

e) Stipulating the minimum surface area in each region of the inner city and urban areas to be allowed to build high-rise, permanent housing;

f) Synthesizing and classifying to treat under the law regulations before implementing the issuance of certificate of housing ownership right for the cases of buying and selling houses with legal origin or recognized by law of the people who are without permanent residence in Hanoi.

2. The agencies and organizations managed by the central government in the area of ​​Hanoi city is responsible for coordinating with the People's Committee of Hanoi city in resolving accommodation for officials and public employees upon recruitment, receiving them for working in the Capital.

ITEM 2: MANAGEMENT OF LAND, RESIDENTS, ENVIRONMENT

Article 17. Land management

1. People's Committee of Hanoi city is responsible for:

a) Deciding on the number of land fund development organizations, offices of land use right registration in the area; promulgating the Regulation on organization and operation of these organizations;

b) Deciding on the necessary measures to accelerate the progress of issuing land use right certificates in accordance with actuality and the local management situation, completing the issuance of certificates of land use rights and housing ownership rights for the organizations and individuals in the area of the City;

c) Based on the land price bracket stipulated by the Government, deciding on and announcing prices of types of land in the area in accordance with the objectives of urban development planning and the actual situation of the real estate market in the Capital;

d) Implementing the compilation of records of cadastre - real estate; building information systems of land management;

đ) Deciding on land recovery at the former location of the enterprises in the cases required to relocate under planning of the municipal People's Committee;

e) Presiding over, coordinate with the Ministry of Finance to count estate assets owned by the state managed by administrative agencies, the enterprises of central and local levels in the area for handling or submitting to the competent authority to deal with cases of using the wrong purposes, excess to promote efficiency of state property;

f) Promulgating documents on compensation, resettlement and housing construction for resettlement in accordance with the law regulations and with real estate markets in the area of City.

2. The ministries and central branches are responsible for performing and directing the establishments under their management in the area of Hanoi to strictly implement the provisions of the municipal People's Committee related to land.

Article 18. Management of residents in the area

People's Council, People's Committee of Hanoi city is responsible for:

1. Managing the migration into the Capital according to the planning approved by the Prime Minister; regulating residents consistent with size, density and structure of the master plan in accordance with the requirements of building and development of Capital.

2. Deciding on measures to strengthen population management to ensure quality and reasonable population size in the districts, new urban areas, and areas with high population density.

3. Promulgating provisions and organizing to closely manage the work force in the area, especially freelance labors, seasonal labors, and encouraging organizations and individuals to set up the centers guiding and introducing jobs.

4. Coordinating with the government of the provinces to implement the measures to limit the spontaneous migration, seasonal labor, the beggars, and the people of mental-ill in the Capital.

5. Promulgating and implementing the regime of supporting and encouraging people to voluntarily move from inner cities to the suburbs and for residents from Hanoi to other provinces.

6. Submitting to the competent state agencies to promulgate regulations for labor recruitment incentives in place to train in accordance with the requirements of professional skill, services, creating favorable conditions for highly qualified people, and qualified experts to live and work in Hanoi.

Article 19. Strengthening of management and environmental protection

1. Ministry of Natural Resources and Environment presides over and coordinates with the People's Committee of Hanoi city and concerned People's Committee of provinces to build and implement environmental protection plan for the basins of Red river, Nhue river, Day river; and agrees with the People's Committee of Hanoi city the planning, investment plan, environmental observation network development and methods  of exploiting environmental information from environmental observation stations invested, built by the Ministry in the area of Hanoi city.

2. The ministries and branches are responsible for planning and implementing the relocation of production facilities, industrial zones, and hospitals causing environmental pollution managed by the ministries, branches from the inner city by 2010.

People's Committee of Hanoi city takes full responsibility for the management and protection of the Capital environment according to the Environmental Protection Law and the provisions in clause 1 of Article 15 of the Ordinance on Capital:

a) Deciding on the necessary measures as prescribed by law for environmental protection of Capital after passed by the City People’s Council;

b) Promulgating regulations to encourage organizations and individuals in the implementation of socialization of activities for environmental protection;

c) Establishing environmental protection fund with initial granted capital from the state budget and additional funds from other sources including fees for environmental protection;

d) Ensuring the land fund to carry out the relocation of production facilities, industrial zones, hospitals causing environmental pollution out of the urban area, densely populated areas.

ITEM 3: DEVELOPMENT OF INFRASTRUCTURE SYSTEMS OF URBAN TECHNOLOGY

Article 20. Planning and plan of development of technical infrastructure systems

1. Ministry of Industry, Ministry of Post and Telecommunications, Ministry of Defence, Ministry of Public Security are responsible for coordinating with the People's Committee of Hanoi city to set up the plan to develop information system, modern, synchronous power supply; the Ministries, branches managing and using power works, communications must coordinate with the People's Committee of Hanoi city to implement laying underground system of cable lines and wires in the area of Hanoi by 2010.

2. Ministry of Agriculture and Rural Development is responsible for coordinating with the People's Committee of Hanoi city in the replanning of the dike system of the city and removing some old dike lines which are no longer performance; exploiting effectively land funds of both sides of the Red River in accordance with the law regulations.

3. People's Council, People's Committee of Hanoi city is responsible for:

a) Coordinating with the Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Construction to plan investment in construction and unified management of urban transport system; underground works systems including technical tunnel, water supply, drainage; and waste treatment and environmental sanitation of Capital;

b) Constructing the roads of both sides in syne with the road construction to ensure streets to be civilized with modern architecture, landscape;

c) Developing the project of overall planning, manageming, using land fund of the area outside the Red River dike including fan-palm scheme of Red River, flood exist corridor planning, planning residential areas along the river banks of the City area and reporting to the Government for consideration to submit to the National Assembly for decision.

Article 21. Management of systems of urban technical infrastructure

1. People's Committee of Hanoi City submits to the People's Council of the City for deciding the rates of charges collection under the provisions of law relating to the use of the urban technical infrastructure under the authority of management of the City.

2. People's Committee of Hanoi city presides over and coordinates with the Ministry of Transport, Ministry of Post and Telecommunications, Ministry of Agriculture and Rural Development, Ministry of Industry and other concerned ministries and branches are responsible for issuing the Regulation to coordinate investment in the exploitation and use of urban technical infrastructure in the area of Capital invested in construction by the Ministries.