Chương III Nghị quyết 1210/2016/UBTVQH13 : Tính điểm, thẩm quyền và thủ tục phân loại đô thị

Chapter III

URBAN CLASSIFICATION SCORING, AUTHORITY AND PROCEDURES

Article 10. Urban classification scoring

1. Urban classification shall be carried out according to the scoring method according to which maximum total score of all criteria shall be 100 points.

2. Urban classification score ranges of above-stated criteria shall comprise:

a) Criteria regarding position, functions, roles, structure and socio-economic growth level of a city have the maximum score of 20 points;

b) Criteria regarding population size, density and rate of non-agricultural workers of a city have the maximum score of 20 points. In particular, the population size criterion has the maximum score of 8 points; the population density criterion has the maximum score of 6 points; the criterion regarding the rate of non-agricultural workers has to maximum score of 6 points;

c) Criteria regarding level of urban infrastructure, architectural and landscaping development, including social, engineering, environmental hygiene, architectural, and landscaping infrastructure, have the maximum score of 60 points.

Determination of number, distribution and method of calculation of points, method of collection and measurement of data of specific criteria referred to in this subparagraph shall be subject to provisions laid down in the Appendix 1, 2 and 3 hereto attached.

3. A class of a city shall be recognized if criteria applied to that city meet the required minimum level and total score of these criteria reaches at least 75 points.

Article 11. Authority to grant an urban classification decision

1. The Prime Minister shall have authority to grant the decision on recognition of special-class, class-I and class-II cities.

2. The Ministry of Construction shall be accorded authority to grant the decision on recognition of class-III and class-IV cities.

3. Chair of the provincial People’s Committee shall be accorded authority to grant the decision on recognition of class-V cities.

Article 12. Formulation of urban classification proposal

1. Responsibility for formulating urban classification proposal:

a) The provincial-level People’s Committee shall conduct formulation of urban classification proposal for special-class cities and class-I cities which are centrally-controlled municipalities;

b) The district-level People’s Committee shall conduct formulation of urban classification proposal for class-I cities which are provincially-controlled cities, municipality-controlled cities, class-II, class-III, class-IV and class-V cities.

2. The urban classification proposal shall include proposal interpretation, appendices and video clips illustrating the current state of urban development:

a) The proposal interpretation section defines reasons and necessity for existence of the proposal, provides an overview of history and development of a city, an assessment of the current state of urban development, quality of urban infrastructure, a combination of urban classification criteria, an assessment of urban classification, a summary report on the urban development program and the urban quality improvement plan for the following stages, conclusions and recommendations;

b) Attached appendices comprise legal documents, the chart of data related to the proposal and reduced drawings (A3 size) showing the diagram of regional connections (01 copy), the map showing boundaries of urban administrative subdivisions (01 copy), the map showing existing construction land plots and under-construction projects (01 copy), the spatial development orientation chart (01 copy), the first-stage short-term planning map (02 drawings showing contents of the land use planning and engineering infrastructure planning). Data used for urban classification assessment shall be those that are collected from the year preceding the year of submission of the proposal while proposal data are provided or released by competent state agencies;

c) A video clip illustrating the current state of development of the city in question of which classification is requested has the length ranging from 20 minutes to 25 minutes.

3. If there is an intention to expand a township to establish a new urban administrative division but such expansion is still within the boundary of a district-level administrative division, the district-level People’s Committee shall take charge of preparing the urban classification proposal for the intended area for submission to a competent authority for its grant of recognition of conformity to respective urban classification criteria.

If there is an intention to expand a town, a provincially-controlled city or a municipality-controlled city to establish a new urban administrative division but such expansion is still within the boundary of a provincial-level administrative division, the provincial-level People’s Committee shall take charge of preparing the urban classification proposal for the intended area for submission to a competent authority for its grant of recognition of conformity to respective urban classification criteria.

4. Urban classification costs shall be covered by the state budget.

Article 13. Urban classification processes and procedures

1. Responsibility for assessment of urban classification proposal:

a) The Ministry of Construction takes charge of assessing urban classification proposal for special-class, class-I, class-II, class-III and class-IV cities;

b) The Department of Construction takes charge of assessing urban classification proposal for class-V cities.

2. Scope of assessment activities:

a) Assessing the proposal, processes and procedures for proposal preparation;

b) Assessing legal bases, consistency with the program for development of the national urban system, inter-provincial regions, provinces and development programs of specific cities;

c) Examining and checking proposal contents in comparison with the current state of development of cities;

d) Assessing urban classification criteria.

3. The package submitted for assessment of the proposal shall comprise the written request of the People’s Committee and the resolution of the mandated People’s Council; urban classification proposal text; other relevant legal documents.

4. The competent authority in charge of assessment shall be responsible for assessing urban classification proposal within duration of 15 days from receipt of all required documents attached to the proposal as prescribed herein.

5. The person having urban classification authority, referred to in Article 11 hereof, shall be responsible for considering granting the decision on recognition of city class within the duration of 15 days from the date of receipt of the written request, the urban classification proposal text and the assessment report.