Chương II Thông tư liên tịch 20/2013/TTLT-BXD-BNV: Khu vực phát triển đô thị

Chapter II

URBAN DEVELOPMENT AREA

Article 3. Responsibilities of formulation, appraisal of dossier of proposal of urban development area

1. Responsibilities of formulation of dossier of proposal of urban development area for urban development areas belonging to administrative geographical areas of 01 province or central-affiliated city:

a) The provincial People’s Committees shall assign the Service of Construction to act as agency in charge of organization to formulate dossier of proposal for urban development area;

b) In case where a provincial People’s Committee has established the management board of urban development area for general management of urban development areas or management of some urban development areas and will assign for additional management of tentative urban development areas established, provincial People’s Committee may assign this board to organize formulation of dossier of proposal for urban development areas.

2. Responsibilities of formulation of dossier of proposal of urban development area for urban development areas belonging to administrative geographical areas of 02 or more provinces or central-affiliated cities:

a) the Ministry of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned People’s Committees of provinces and central-affiliated cities in formulating dossier of proposal of urban development area and submitting it to the Prime Minister for decision on approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP dated January 14, 2013 (hereinafter abbreviated to Decree No. 11/2013/ND-CP);

b) The concerned People’s Committees of provinces and central-affiliated cities shall assign Services of construction in assuming the prime responsibility for, and coordinating with each other in providing information, formulating plans to perform part of urban development area under their management and report them to the Ministry of Construction for summing up and including in plan to perform in dossier of proposal of urban development area in order to submit for approval as prescribed.

3. Responsibilities of appraisal of dossier of proposal of urban development area:

a) If urban development area under the competence for approval of the Prime Minister: The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned Ministries and sectors in appraising and submitting it to the Prime Minister approval as prescribed in Article 9 of Decree No. 11/2013/ND-CP;

b) If urban development area under the competence for approval of the provincial People’s Committees: The Services of Construction shall be agencies assuming the prime responsibility for, and coordinating with concerned agencies in appraising and submitting it to the provincial People’s Committees for approval.

Article 4. Duration of formulation, appraisal of dossier of proposal of urban development area

1. Duration of formulation of dossier of proposal of urban development area does not exceed 12 months from the day of assigning formulation of dossier.

2. Duration of appraisal of dossier of proposal of urban development area does not exceed 30 working days after receiving a valid dossier submitted for appraisal specified in Article 5 of this Joint Circular.

Article 5. Dossier of submission for appraisal of urban development area

1. Dossier of submission for appraisal of urban development area includes:

a) Dossier of proposal of urban development area as defined in Article 10 of Decree No. 11/2013/ND-CP;

b) Legal papers include:

Copies of decisions on approving the master plan on economic-social development, land use planning, urban development program, regional, provincial construction planning, general planning, subdivision planning and other legal documents involving guidelines on establishment of urban development area (if any).

2. Quantity of dossier of submission for appraisal of urban development area: 10 sets.

3. Report content is made according to form defined in Annexes 1, 3 of this Joint Circular, content of decision on approving is made according to form defined in Annex promulgated together with Decree No. 11/2013/ND-CP.

Article 6. Drawings of dossier of proposal of urban development area

Drawings in dossier of proposal of urban development area as defined at point b Clause 2 Article 10 of Decree No. 11/2013/ND-CP include the following drawings:

1. Position drawing of urban development area:

a) Position drawing of urban development area is presented on the basis of space development orientation diagram of urban general planning scheme (or general planning scheme of specialized functional zones) already been approved by competent authorities at the rate of the approved planning map. In case of this drawing, it will exceed 01 paper sheet A0 upon it is printed in proper rate: may zoom out this diagram to ensure drawing does not exceed 01 paper sheet A0 upon printing;

b) Position drawing of urban development area need to be shown full contents: Tentative allocation of urban development areas (area scale, enclosed with symbol of presented colors, performance duration of each zone); position of urban development area as proposed; economic-technical norms involving the proposed urban development area determined in schemes on subdivision planning or general planning (on case urban area is not required to make subdivision planning or zones with specialized function).

2. Boundary drawing of urban development area and division of investment stages

a) Boundary drawing of urban development area and division of investment stages are shown on the basis: Planning map of total land use ground of schemes on subdivision planning or planning map of land use and division of functional zones in scheme on general planning (for urban areas not required to make subdivision planning and urban development zones with specialized function) in accordance with proper rate of the approved planning map;

b) Boundary drawing of urban development area and division of investment stages need present full following contents: Boundary marks to define limitation, scope of urban development area (with enclosed coordinates); tentative positions and boundaries of projects in urban development area; division of investment stage is defined under plan on performance of urban development area (presented by color symbol); the summed table of list of projects and the tentative area scale of each project.

Article 7. Implementation plan of urban development area

1. Implementation plan of urban development area is a content of dossier of proposal of urban development area defined in point g Clause 2 Article 10 of Decree No. 11/2013/ND-CP. Agencies which are assigned by the provincial People’s Committees for organizing formulation of dossier of proposal of urban development area (specified at Clause 1 Article 3 of this Joint Circular) or assigned for assuming the prime responsibility for, and coordinating in formulation of dossier of proposal of urban development area (specified at point b Clause 2 Article 3 of this Joint Circular) shall assume the prime responsibility for, and coordinate with concerned provincial Departments and sectors in formulating implementation plan of urban development area in order to include content of dossier of proposal of urban development area in submission for approval as prescribed.

2. Implementation plan of urban development area is made and bases on: Duration of performing urban planning and urban development program already been approved; tentative needs of housing and urban services (in association with the tentative population growth) and ability of mobilizing resources for the work of construction investment.

3. Implementation plan of urban development area must specify division of investment stages under 5-year stages with list of projects performed in each stage.

4. Division of investment stage in implementation plan of urban development area (with list of projects which are being performed in each stage) must be concretized at zone boundary drawing and division of investment stages specified at Clause 2 Article 6 of this Joint Circular and must be presented in Decision on approving the urban development area.

Article 8. Competence of approval of urban development area

Competence of approval of urban development area shall comply with Article 9 of Decree No. 11/2013/ND-CP.

Article 9. Adjustment of urban development area

1. Urban development area must periodically be considered, reviewed, assessed on course of implementation of construction investment in order to timely adjust to be consistent with situation of socio-economic development and tentative need of urban development. Duration of periodical review will be 05 years from the date the urban development area is approved.

2. The Services of Construction shall preside over the periodical review of implementation of the approved urban development area. The review results must be report in writing to the provincial People’s Committees, agencies competent to approve the urban development area and the Ministry of Construction.

3. Based on reports on review result specified at Clause 2 this Article, need of socio-economic development and the appearance of elements impacting to course of urban development in localities, if consider it is necessary, the provincial People’s Committees shall assign the Services of Construction or the management board of urban development area (under provisions at Clause 1 Article 3 of this Joint Circular) to organize formulation of dossier of proposal to adjust the urban development area.

4. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the concerned provincial People’s Committees in conducting periodical review of implementation of urban development area in administrative geographical areas of 02 or more provinces or central-affiliated cities already been approved, and report to the Prime Minister for decision on adjustment as necessary.

5. The appraisal of dossier of proposal to adjust urban development area shall comply with Clause 3 Article 3 of this Joint Circular.

6. Agencies competent to decision on approval of urban development area as prescribed in Article 9 of Decree No. 11/2013/ND-CP shall decide on approval of proposal for adjustment of urban development area.

7. Dossier of proposal to adjust urban development area includes:

a) Report on adjustment of urban development area (clarifying the necessity and legal basis of adjustment);

b) Summary report on tentative adjusted urban development area as prescribed at Clause 2 Article 10 of Decree No. 11/2013/ND-CP and drawings defined in Article 6 of this Joint Circular (these documents must clarify contents not adjusted and contents adjusted);

c) Report on review result of implementation of urban development area and concerned legal documents.

Article 10. Announcement on urban development area after adjustment

After dossier of proposal to adjust urban development area has been approved by competent authorities, the announcement of urban development area after adjustment shall comply with Article 12 of Decree No. 11/2013/ND-CP.

Article 11. Transfer of land use right which has been invested in infrastructure construction for people (households and individuals) to self build dwelling houses:

1. Depending on need of urban development, ability of mobilizing resources, proposals of investors, the provincial People’s Committees shall provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people (households and individuals) to self build dwelling houses, after having unified opinion in writing of the Ministry of Construction under Clause 7 Article 4 of Decree No. 11/2013/ND-CP.

2. Zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses may include: a zone with many projects; a project or a part in project.

3. The consideration to provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses must ensure the following basic principles:

a) Complying with legislation on urban planning (subdivision planning, detailed planning) and regulations on managing architecture planning of zone already been approved by competent authorities satisfying requirements of economic development, social welfare and housing needs of localities;

b) Zones permitted to transfer land use right must be invested in essential infrastructure construction including: Service works and technical infrastructure constructions (roads, electricity cable routes, lighting system, information and telecommunication, water supply and drainage) under the approved detailed planning; ensuring connection with the general infrastructure system of zone before transferring land use right for people to self build dwelling houses; ensuring supply of essential services to people when they arrive for accommodation.

c) Land lots which are transferred land use right for people to self build houses, shall not lay in the following positions: geographical areas in urban districts of the special urban areas, or areas with high requirement on architecture and landscape, central areas and areas surrounding the works which are architecture prominent spots in urban areas; laying at the front face of routes at zone level or higher level, and routes being main landscape in urban area;

d) Households and individuals who are transferred land use right to self build houses must build houses in accordance with construction permit; abide by the detailed planning and urban design already been approved.

4. Process of consulting:

a) On the basis of consideration of urban development need, ability of mobilizing resources, and proposals of investors (if any), the provincial People's Committees shall assign Services of Construction to assume the prime responsibility for, and coordinate with concerned management agencies in proposing zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses (including: Zone with many projects, project or each area part on project on urban development investment) and preparing dossier (as prescribed at Clause 5 this Article) to the provincial People’s Committee for consideration and sending to consult the Ministry of Construction for unified opinion;

b) Within 30 working days, after receiving 01 valid set of dossier send by the provincial for consulting, the Ministry of Construction shall reply in writing;

c) After reaching unified opinion of the Ministry of Construction, the provincial People’s Committees shall issue a decision to provide for zones permitted to transfer land use right which has been invested in infrastructure construction for people to self build dwelling houses.

5. Dossier to send for consulting the Ministry of Construction includes: official dispatch to request for consulting made by the provincial People’s Committees (clearly presenting the necessity and legal grounds of transfer of land use right which has been invested in infrastructure construction for people to self build dwelling houses) and concerned dossiers and documents as follows:

a) For case of proposing zone (with many projects), the concerned dossiers and documents include:

Dossier of illustration and drawing zoomed out of scheme on general planning (for case not required to make subdivision planning) or related scheme on subdivision planning, management regulation under planning scheme, regulations on managing the architecture planning of zone already been approved by competent authorities (enclosed with written approvals); position and boundary diagram of tentative zone permitted to transfer land use right (presented on drawing of dossier of proposal of urban development area specified at Clause 2 Article 6 of this Joint Circular); decision on approving the urban development area made by competent authorities. (All dossiers and documents mentioned above are copies with a seal for confirmation of agencies asking for opinion).

b) For case of projects on urban development investment already accepted for investment as prescribed in Decree No. 11/2013/ND-CP, concerned dossiers and documents include:

Summary illustration of project; dossier of scheme on detailed planning of project (enclosed with urban design), management regulation under the approved planning scheme, regulations on managing the architecture planning of zone already been approved by competent authorities (enclosed with written approvals); concerned decisions on approving the urban development area. (All dossiers and documents mentioned above are copies with a seal for confirmation of investor).

c) For case of projects on new urban centers, projects on housing development already accepted for investment before the effective day of Decree No. 11/2013/ND-CP, concerned dossiers and documents include:

Summary illustration of project; dossier of scheme on detailed planning of project at rate 1/500 (enclosed with urban design), management regulation under the planning scheme (enclosed with written approvals); decisions on approving project, decisions on approving investment. (All dossiers and documents mentioned above are copies with a seal for confirmation of investor).

6. Proposal of tentative zones (including many projects), project or a part of project permitted to transfer land use right which have been invested in infrastructure construction for people to self build houses may be included in content of dossier of proposal of urban development area, or dossier of proposal of acceptance for investment in project for the Ministry of Construction in combining to give opinion during appraisal or give unified opinion.

7. Responsibilities in supervision, check of transfer of land use right which has been invested in infrastructure construction for people to self build dwelling houses: Specialized agencies of state management on construction and natural resources and environment at localities, the management board of urban development area (if any) and investors of projects shall be responsible for supervision, check to ensure observance of people with the approved detailed planning, urban design of project and concerned law upon building houses.

Article 12. Position and function of the management board of urban development area

Position and function of the management board of urban development area shall comply with Clause 1 Article 13 of Decree No. 11/2013/ND-CP.

Article 13. Tasks and powers of the management board of urban development area

1. To assume the prime responsibility for, and coordinate with concerned agencies in formulating 5-year, annual plans to implement the urban development area, including the proposal of lists, types of capital sources and roadmap to perform projects on urban development investment in the urban development area, submitting to the provincial People’s Committees for approval and organization of implementation.

2. To organize activities to promote investment in the urban development area; research and propose incentive policies, typical mechanisms applicable to activities of construction investment in urban development area.

3. To make dossier of proposal of urban development area in order to submit for appraisal as assigned by the provincial People’s Committees

4. To make plan to select investor of project on urban development investment, submit it to the provincial People’s Committees for decision; guide, support for investors during preparation of investment and performance of project on urban development investment.

5. To organize management or execute function of investor for projects in urban development area financed from state budget as assigned by the provincial People’s Committees.

6. To monitor, supervise implementation of projects on urban development investment to ensure in accordance with planning, plan, progress under contents of the approved projects; sum up, propose and coordinate with functional agencies to handle problems arising during investment.

7. To assume the prime responsibility for, and coordinate with functional agencies, service providers, investors, ensure the synchronous connection and management of frame technical infrastructure system, connection of technical infrastructure among projects in stage of construction investment until finishing the handing over to the urban government.

8. To formulate a database system, supply information of urban development area; sum up and report to the provincial People’s Committee, Services of Construction and the Ministry of Construction biannually, annually or irregularly about situation of implementation of investment projects and plans on implementation of urban development area which it is assigned to manage.

9. To perform other tasks and powers about management of construction investment, urban development within urban development area as assigned by the provincial People's Committees or authorized as prescribed by law.

Article 14. Organizational structure and operation of the management board of urban development area

1. Organizational structure of the management board of urban development area:

a) The management board of urban development area includes head of board and not more than 03 deputy heads of board. In special case, it must consult competent agencies for unified opinion.

b) The management board of urban development area has professional departments. Depending on scale and nature of urban development area which is subject to its management, it may have a zone management division which must be realistic and effective.

2. Chairpersons of the provincial People’s Committees shall appoint, relieve of duty head of board, deputy heads of board on the basis of proposals of Directors of Construction Services, appraisal of Services of Home Affairs according to decentralization of the provincial People’s Committees and law.

3. Head of board shall decide on recruitment, appointment, relieving from duty of officers of the management board of urban development area under decentralization and on the basis of observance with law on management, recruitment and use of officers and employees in public non-business units.

4. Standard of position of head of management board of urban development area, in addition to general standards under law, need ensure: To graduate from university or higher in one of specialized branches: architecture, planning, urban area, construction, technical infrastructure, economy (branches involving construction and urban infrastructure); have experiences in the management work of construction investment, urban development for 5 years or more.

5. Operational funding of the management board of urban development area shall be financed partly from budget, management cost of the assigned projects, service revenues and other revenues as prescribed by law.

6. The management board of urban development area shall perform the mechanism on autonomy, self-responsibility in executing the tasks, organization of apparatus, management of officers and finance as prescribed by law.

7. The management board of urban development area operates under its operational regulations promulgated by chairpersons of provincial People’s Committees.

Article 15. Establishment, dissolution of the management board of urban development area

1. The urban development areas which must have a management board of urban development area include:

a) Urban development areas in urban areas which have scheme on general planning under competence of approval of the Prime Minister include: general planning of central-affiliated cities, general planning of province-affiliated cities being rank-I urban areas, general planning of new urban areas with forecast population scale equivalent to rank-III urban area or higher, new urban areas with planning scope involving administrative geographical areas of 2 or more provinces and central-affiliated cities, other general planning under competence of approval of the Prime Minister;

b) New urban development areas; urban preservation areas; urban reconstruction areas; areas with specialized function specified at Clauses 2,5,6,7 Article 2 of Decree No. 11/2013/ND-CP.

2. For urban development areas specified in Clause 1 this Article, the management board of urban development area is established newly or established on the basis of organization and re-arrangement of the management board of construction investment projects, the management board of urban development; the management board of infrastructure development, the management board of new urban centers affiliated the provincial People’s Committees which exist in localities but it must ensure streamlined and effective organization of apparatus in localities.

3. For the remaining urban development areas, chairpersons of the provincial People’s Committee shall based on need of urban development in localities may decide on establishment of the management board of urban development area as prescribed at Clause 2 this Article.

4. The process of and procedures for establishment and dissolution of the management board of urban development area shall comply with Government’s Decree No. 55/2012/ND-CP dated June 28, 2012, on establishment, reorganization and dissolution of public non-business units.

5. Services of Construction are agencies suggesting the establishment, reorganization and dissolution of the management board of urban development area as prescribed at Clause 2 Article 13 of Decree No. 11/2013/ND-CP.

Article 16. The coordinative mechanism between the management board of urban development area and Services of Construction, Specialized Services, agencies of state administrative management in localities

1. The management board of urban development area shall be directed, guided on professional operations of Construction Services and Departments of line management in localities; be responsible for periodically and irregularly reporting to the Construction Services about situation of implementation of urban development area, situation of investment projects which it is assigned for management; periodically and irregularly reporting to the Departments of line management regarding operational field of board under state management scope of Departments.

2. Construction Services and specialized Departments shall direct, guide professional operations and inspect, check activities of the management board of urban development area within state management fields of Departments as prescribed by law.

3. The management board of urban development area and the district-level People’s Committee in urban development area shall coordinate under mechanism between agencies affiliated the provincial People’s Committees and local state administrative agencies in fields: compensation, ground clearance and resettlement; perform projects on construction investment; manage, hand over urban infrastructural constructions; management of administration, security and order within urban development area.

4. Chairpersons of provincial People’s Committees shall promulgate a coordinative mechanism between the management board of urban development area and specialized Services, the district-level People’s Committees during the course of implementation of urban development area.

Article 17. Responsibilities of management of urban development area belonging to administrative geographical areas of 02 or more provinces and central-affiliated cities

1. After the Prime Minister issued decision on approving urban development area, People’s Committees in relevant provinces and central-affiliated cities shall decide on establishment of the management board of urban development area or assign the management board of urban development area already established previously to perform management of urban development area within administrative geographical areas which they are assigned for management.

2. The management board of urban development area of each relevant province, central-affiliated city shall coordinate with each other during management of construction investment ensuring the synchronous connection, progress, quality and effectiveness of the investment work in zones where it is assigned for management.

3. The management board of urban development area of urban development area locating in administrative geographical area of 02 or more provinces and central-affiliated cities shall periodically and irregularly report to the Coordinate Board of urban development area, provincial People’s Committees and Construction Services about situation of urban development investment within geographical areas which it is assigned for management and problems arising in construction investment or technical infrastructure connection in order to have solutions for handling and unfastening.

Article 18. Coordinate board of urban development area

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the relevant provincial People’s Committees in establishing the Coordinate Board of urban development area as prescribed at point d Clause 2 Article 13 of Decree No. 11/2013/ND-CP. The Minister of Construction shall decide on establishment of the Coordinate Board of urban development area including representatives of the Ministry of Construction, representatives of the provincial People’s Committees and some relevant Ministries and sectors. The urban development agency - the Ministry of Construction is standing agency assisting for the Coordinate board of urban development area. Members of Coordinate board and the assistant unit work under the part-time regime.

2. The coordinate board has function of directing and supporting the management board of urban development area of localities to perform synchronously progress of urban development area locating in administrative geographical area of 02 or more provinces and central-affiliated cities; coordinate with the relevant provincial People’s Committees in considering and handling problems arising during implementation of urban development area under its competence or report to the Prime Minister for consideration and decision.

Article 19. The responsibilities of management of urban development areas which do not establish a management board of urban development area

1. For urban development areas which do not establish a management board of urban development area, Construction Services shall manage, supervise, direct plans on implementing urban development area already approved by competent authorities and other tasks of the management board of urban development area specified in Article 14 of this Joint Circular.

2. For urban development areas being economic zones (as prescribed Article Clause 7 Article 2 of Decree No. 11/2013/ND-CP), establishment of the management boards shall comply with law on economic zones.