Chapter 2.
URBAN DEVELOPMENT AREA
Article 7. Requirements for the preparation, appraisal and approval of urban planning
1. The formulation, appraisal and approval of construction planning, urban planning are implemented as prescribed by the Law on Construction, Law on Urban Planning and related guiding documents.
2. For urban areas are expected for expansion of the boundaries or urban development areas with the anticipated population size equivalent to the level I urban center or more, the provincial-level People's Committees shall hectaresve to submit tasks and general scheme to be appraised by the Ministry of Construction and submitted to the Prime Minister for approval.
3. Within 30 days after the general scheme is approved, the provincial-level People's Committee shall direct the subdivision planning for approval as prescribed.
4. For the subdivision scheme with the population size equivalent to grade IV or more at special urban centers, level 1 urban centers and the centers with the scale determined in the master plan approved equivalent to level-1 urban center, the provincial-level people's Committee shall consult the Ministry of Construction before the approval of the competent agency;
5. The time limit the Ministry of Construction shall consider and give opinion on subdivision scheme specified in Clause 4 of this Article shall not exceed 15 working days from the date of receipt of the written consultation and dossier of planning scheme.
Article 8. Responsibility for preparation of dossier to propose urban development areas
Based on the master plan for socio-economic development, regional construction planning, general urban planning, subdivision planning, urban development program, the provincial-level People's Committee shall prepare proposal dossier of the urban development areas for submission to the Prime Minister or make a decision on urban development areas under the authority specified in Article 9 of this Decree.
Article 9. Authority to decide on urban development areas
1. The Prime Minister shall decide on the following urban development areas after obtaining the appraisal opinion of the Ministry of Construction on the contents specified in Clause 3 of this Article:
a) Urban development areas in the urban centers with the general planning scheme under the approval authority of the Prime Minister;
b) Urban development areas within the administrative boundaries of two or more provinces;
c) Urban development areas in order to form a new urban center with the population size equivalent to level IV or more under the approved plan;
d) Urban development areas hectaresve important implication on security and national defense.
2. Provincial-level People's Committee shall decide on the remaining urban development areas.
3. Appraisal contents to propose the urban development areas:
a) The conformity with the master plan of socio-economic development, orientation of master plan of national urban systems, planning and development strategies of other sectors associated with national security;
b) Conformity with the master plan, subdivision planning and urban development programs which hectaresve been approved;
c) The feasibility of implementation plan for urban development area
4. The number of dossier proposing the urban development areas sent to the Ministry of Construction for appraisal is 10 sets.
5. The time for appraisal of proposal dossier shall not exceed 30 working days.
6. Content of the Draft of Decision on approval of the urban development area shall comply with the form in the Appendix attached to this Decree.
Article 10. Content of proposal dossier of urban development areas
1. Report
2. Summary report on urban development area is expected to include
a) Name of urban development area
b) Location and boundaries of the urban development area (with schematic illustration);
c) Describing the current state of urban development area;
d) Explanation about the foundation of urban development areas;
e) Nature / main functions of the area
g) Introduction of the basic content of the approved urban master plan;
h) Implementation plan for urban development area;
i) Estimated time limit of implementation
k) Preliminary estimates and expected investment resources for urban development;
l) Proposal of the form of management or establishment of the Management Board of urban development area as prescribed in Article 13 of this Decree. New establishment or use of Management Board of urban development area available to manage each urban development area;
Article 11. Content of implementation plan of urban development area;
1. Determining the list of projects in the urban development area on the basis of the subdivision planning for level IV urban city or higher, the master plan for level V urban cities and specific functional areas.
2. Determining the order of construction, implementation progress of urban development investment projects to ensure the implementation of the framework technical infrastructure projects and some urgent social infrastructure works of the area before implementing the component projects.
3. Relocation and resettlement.plan
4. Capital plan and capital mobilization model.
5. Organization of management and implementation under capital mobilization models.
Article 12. Publication of urban development area and implementation plan.
1. Within 30 days after the decision on approving the urban development areas, the provincial-level People's Committees shall publicize the urban development areas and implementation plans; providing information and creating favorable conditions for investors to invest in urban development projects.
2. The publication of urban development areas and the implementation plans are carried out through mass media and other means in accordance with local conditions.
3. The publication includes the main content of the Decision on approving the urban development area and implementation plan for urban development area for the investors to know, choose and make decision on investment in projects.
Article 13. Management Board of urban development area
1. Location, function of the Management Board of urban development area:
a) Depending on local conditions, the Chectaresirman of the provincial-level People's Committee shall decide to set up the Management Board of urban development area in accordance with the provisions of Clause 2 of this Article, the Management Board of urban development area is the non-business unit under the provincial People's Committee, Having legal status and seal, subject to the direction and management on the organization and operation of the provincial People's Committee, subject to the direction, professional instruction of the Service of Construction and the local Services of specialized management;
b) The Management Board of urban development area hectaress the functions to help the provincial-level People's Committee implement a number of tasks of urban development investment management in the area of urban development area including: Managing and supervising the process of urban development investment as planned; ensuring synchronous connection and managing the system of framework technical infrastructure, technical infrastructure connection between projects in the construction investment phectaresse; directly managing projects using state budget capital assigned by the provincial-level people's Committees; performing some other tasks on implementing urban development areas assigned by the provincial people's Committee.
2. Cases of establishment or dissolution of the Management Board of urban development area:
a) The urban development areas must hectaresve Management Board of urban development area including: urban development area in the urban centers with the general planning scheme under the planning authority of the Prime Minister; the urban development areas are specified in Clauses 2, 5, 6, 7, Article 2 of this Decree;
b) Except for the urban development areas which must hectaresve Management Board of urban development area specified at Point a, Clause 2 of this Article, for the remaining urban development areas, the Chectaresirman of provincial-level People's Committee shall base on the local urban development needs to decide on the establishment or non-establishment of Management Board of urban development area;
c) Depending on the needs of urban development, scale and importance of the urban development area and the conditions for local socio-economic development, a province may establish one or more of the Management Board of urban development area; one Management Board of urban development area can also be assigned to manage one or more urban development areas;
d) For urban development areas of the two provinces or more, the Ministry of Construction in collaboration with People's Committees of provinces concerned to establish a coordination Board of urban development area to direct and support the local Management Board of urban development area to synchronously implement the investment process of urban development;
e) Chectaresirman of the provincial People's Committee shall decide to dissolve the Management Board of urban development area after the Management Board of urban development area hectaress completed its assigned tasks in accordance with the law, or those tasks are transferred to the another Management Board of urban development area.
3. Duties and power of Management Board of urban development area
a) Assuming the prime responsibility and coordinating with relevant agencies to build the five-year and annual plan to implement urban development areas for the submission to the provincial-level People's Committee for approval and implementation;
b) Organizing activities to promote investment in the urban development area; studying and suggesting preferential policies, specific mechectaresnism applied to the construction investment activities in the urban development area;
c) Planning the selection of investor of projects of urban development for the submission to the provincial-level People's Committee for decision; guiding and assisting investors in the process of investment preparation and implementation of investment projects of urban development;
d) Organizing the management or implementing investor function for projects in the urban development area with the use of state budget assigned by the provincial-level People’s Committee;
e) Monitoring and supervising the implementation of urban development investment projects to ensure the conformity with the planning and progress in accordance with the contents of project approved; summarizing, proposing and coordinating with the competent agencies to hectaresndle problems and difficulties arising in the course of investment implementation;
g) Assuming the prime responsibility and coordinating with other agencies, service providers, investors to ensure the synchronous connection and management of framework technical infrastructure, technical infrastructure connection between the projects in the construction investment phectaresse until the completion of the hectaresndover to urban authorities;
h) Building the database system, providing information on urban development area; summarizing and making report to the provincial-level People's Committee and the Ministry of Construction every 6 months, annually or irregularly on the implementation situation of investment projects and deployment plan of urban development area assigned for management;
i) Performing other duties and powers on management of investment and construction and urban development within the urban development area assigned or authorized by the provincial-level People's Committee as prescribed by law.
4. The operating expenses of the Management Board of urban development projects are partially guaranteed from the budget, the cost of management of projects assigned and from the service revenue as prescribed by law.
Tìm kiếm
Nghị định số 11/2013/NĐ-CP (Bản Word)