Decree No. 37/2010/ND-CP on the formulation, evaluation, approval and management of urban planning

4 OFFICIAL GAZETTE Issue nos 08·091April2010 (Gong Baanos 167-168IApri/2l, 2010) Part I. LEGAL DOCUMENTS THE GOVERNMENT Decree Nu. 37/Z010/ND·CP of April 7, 2010, on the formulation, evaluation, approval and management of urban planning THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Govemment; Pursuant to theJune 17, 2009Lawon Urban Planning; At the proposal of the Mini ster of Construction, DECREES: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree applies to the formulation, evaluation and approval of urban planning; the man agement of co nstructio n acco rding to planning; and capability conditions on organizations and individuals involved in urban planning. Article 2. Time limits for formula ting urban planning 1. Time limits for formulating general urban planning: a/ For centrally run cities, the time limit for elaborating general planning tasks is 3 months and the time limit for formulating plans is 15 months; bl For provincial cities, towns and new urban centers, the time limit for elaborating tasks is 2 months and the time limit for formulating plans is 12 months; c/ For townships, the time limit for elaborating tasks is one month and the time limit for making formulating is 9 months. 2. Time limits for formulating zo ning planning: one month for elaborating tasks and 9 months for formulating plans. 3. Time limits for formulating detailed planning: one month for elaborating tasks and 6 months for formulating plans. 4. The time limit for formulating a specialized technical infrastructure plan is 9 months. 5. The time limit for elaborating planning tasks shall be counted from the date of signing of a consultancy contract between the agency organi zing the planning or inv esto r and the planning consultancy organization. The time limit for formulating a plan shall be counted from the date of approval of the planning task. If the elaboration of planning tasks and formulation of a plan are carried out by two different legal entities, the time limit for formulating a plan shall be counted from the date of signing of the consultancy contract. Article 3. Topographic maps forfonnulating urban plans 1. Topographic maps for formulating urban plans shall be provided by the state management age ncy in ch arge of ma ps or ma de by a professional agency after conducting surveys and measurements to ensure quality and meet Issue nos08·09/April2010 (Gong Bao nos 167-168/Aprif 21,2010) OFFIC IAL GAZETTE 5 technical requirements according to regulations on measurement and mapping activities. 2. Information and data of topographical maps must meet urban planning requirements relevant to each type of urban plan. In case a topographic map is not suitable to the current state at the time of planning . additional measurements aud surveys shall be conducted. Article 4. Management of funding sources for the formulation and implementation of urban planning I. State budget funds for the formulation and implementation of urban planni ng sha ll be allocated from annual economic non-business funds of central and local budgets. 2. Funds for the formulation and implementation of urban planning covered by implementers of construction investment projects shall be included in the projects' total investments. 3. Responsibilities for preparing fund ing plans for the formulation and implementation of urban planning with state budget funds: aIThe Ministry of Construction shall prepare annual budget fund plans for the formulation and implementation of urban planning carried out by the Ministry itself and of other types of urban planning assigned by the Prime Minister; blThe People's Committees at all levels shall plepare amI balance auuual Iuud plans fur urban planning formulated by themselves, excluding types of urban planning mentioned at Point a, Clause 3 of this Article; cl The Ministry of Finance and the Ministry of I'lanmng and Investment shall balance annual state budget fund s for the formul ation and implementation of urban planning hy the Min is try of Cons truc tion; the People's Committees at all levels shall balance annual local budget funds for local urban planning work. 4. Condition for inclusion in annual fund plans: The list of urban planning projects or job items to impl ement urban planning must be approved by competent authorities and enclosed with outlines ann cost estimates of urban planning work or job items to implement urban planning. 5. Th e Min istry of Con st ruction shall announce spending levels and unit prices for the formula tio n and implemen tation of urban planning. 6. The Ministry of Finance shall coordinate with the Ministry of Construction in guiding the advance, payment and settlement of state budget funds for the formulation and implementation of urban planning to suit management requirements and characteristics of urban planning:work. Chapter [[ CONU!TION,s ON AND CAPABILITIES OF CONSULTANCY ORGANIZATIONS AND INDIVIDUALS INVOLVED IN FORMULATING URBAN PLANNING AND SELECTION OF URBAN PLANNING CONSULTANCY ORGANIZATIONS Section 1. CONDITTONS ONAND CAPABILITIES OF CONSULTANCY ORGANIZATIONS AND INDIVIDUALS INVOLVED IN FORMULATING URBAN PLANNING Article 5. General provisions on conditions on consultancy organizations and individuals involved in formulating urban planning 7 6 OFFICIAL GAZETTE Issue nos OB·09/April2010 (Gong Bao nos 167·168/ApriI21, 2010) 1. To be in volved in formulating urban pla nni ng . co nsul tnncy organization s and individuals must fully meet capability conditions stipulated in this Decree or those of construction planning designing consultancy organizations and individuals prescribed by current law. 2. Urban planning desIgning individuals must possess training diplomas and certificates relevant to jobs they perform. 3. Holders of the title of urban plan manager and ind epend ent urb an planning designing practitioners must possess relevant practicing certificates as required. 4. Capabilities of urban planning consultancy orga nizations shall be determined based on practicing capabilities of their individual members and on their experience, equipment and managerial capacity. Article.e. Conditions for and competence to grant architect's and urban planning engineer 's practicing certtricates to individuals 1. To be granted an architect's or urban planning engin eer's practicing certificate an indivi dual must have a university or higher degree in architecture, urban planning, urban technical infrastructure or urban economy; have at least 5years ' experience in planning designing and havepauicipated in designing at least 5 urban plans which have been already approved. :7 CompP:tf'.nr.p: to grant architect's anrl nrban planning engineer's practicing certificates: alProvincial-level Construction Departments shall grant architect's and urban planning engineer 's practicing certificates to individuals mentioned in Clause I of this Article; bl The Ministry of Construction shall issue regulations on architect's and urban planning engineer 's practicing certificates and their forms for uniform application nationwide. Article 7. Respon sibi lities of holders of archi tect 's and urb an plan nin g cug iueers practicing certificates 1. To ensure truthful and accurate dossiers of application for certificates. 2. To take responsibility before law for the quality of jobs they perform. 3. To pay fees for the grant of certificates under the law on charges and fees. Article 8. Classification of urban plan managers and urban planning specialty ' directors 1. Class-I urban plan manager: aIPossessing an architect's or urban planning engineer 's practicing certificate relevant to jobs he/she performs; bl Having managed one general urban plan for an urban center of grade I Or higher grade, or 2 genera l urban plans for urban centers of grade II, or 3 general urban plans for urban centers of grade III. 2. Class-II urban plan manager: aIPossessing an architect's or urban planning engineer's practicing certificate relevant to jobs heJshe performs : bl Having managed one general urban plan for an urban center of grade II or higher grade, or 2 general urban plans for urban centers of grade III, or 3 gene ral urban plans for urban centers of grade IV, or 4 general urban plans for urban centers of grade V, 3. Class-I urban planning specialty director: aIPossessing an architect's or urban planning engineer's practicing certificate relevant to jobs E%%iLx. < ~L b k. ..M.il!Ji.ii:il1:j1jD,\'lJMIgiliUi1.!1;.m!,;.2( dil]. • . £ L.. 2 . !III I L 2 Issue nos 08·09/April2010 (Gong Bao nos 167-1681ApriI21, 2010) OFFICIAL GAZETTE 7 he/she performs; bl Having worked as a specialized designing director for one general urban plan for an urban center of grade I or higher grade, or 2 general urban plans for urban centers of grade II, or 3 general urban plans for urban centers of grade m 4. Class-Il urbanplanning specialty director: atPossessing anarchitect'sor urbanplanning engineer's practicing certificate relevant to jobs helshe performs; bl Having worked as a specialized designing director for one general urbanplan for an urban center of grade II or higher grade, or 2 general urban plans for urban centers of grade III, or 3 general urban plans for urban centers of grade IV, or 4 generalurbanplans for urbancenters of grade V. 5. Clas s-I urban plau uiauagers and urban planning specialty directors may work as manageror designing director for allurbanplans. 6. Class-Il urban plan managers and urban planning speciality director s may work as manager or designing director for general plans for urban centers of grade II or lower grade, zoning plans and detailed urban plans. Article 9. Capability conditions of urban planning consultancy organizations 1. An urban planning consultancy organiza tion must haveprofessionallycapable individual members as defined in Clause 1, Article 6, to ensureperformance ofalljobs of planning space, technical infrastructure and urban economy and environment; and have physical foundations and managerial capability to ensurequality of plans. 2.Anurban planning consultancy organization thathassufficient class-I planmanagers andclass I directors of all urban planning specialties may formulate all kinds of urban plans. 3. An urban planning consultancy organization thathasno planmanagers andurban planning specialty directors classified under Article 8 of this Decree may formulate only zoning and detailed plans. Article 10. Conditions onforeigneonsultancy organizations and individuals to formulate urban planning 1. When participating in formulating urban plannin g in Vietnam, foreign consultancy organization s and individuals must possess operation licenses as requiredby Vietnamese law. 2. For foreign consultancy organizations and individuals involved in formulating urban plans within the approving competence of the Prime Minister, their capabilities must be recognized by the Ministryof Construction to berelevant to jobs they will perform. 3. For foreign consultancy organizations and individuals involved in formulating urbanplans within the approving competence of People's Committees at all levels. their capabilities must be recognized byprovincial-level urban planning management agenciesto be relevantto jobs they will perform. Article 11.Responsibilities of urban planning consultancy organizations I. Tu recognize classesuf pianmanagers and urban planning specialty directors in their organizations under Clauses I and 2. Article 8 of this Decree. 2.Tosupply sufficient and truthfulcapability records ot individuals involved in formulating urban planning to organizations or agencies organizing urban planning. 8 OFFICIAL GAZETTE Issue nos 08·091Apri12010 (Gong BaD nos 167-1681Aprif 21,2010) 3. To employ indi vidual s who have capabilitiesnecessaryfor andrelevant toassigned jobs in formulating plans. 4. To assure urban planning quality and schedule. Section 2. SELECTION OF URBAN PLANNING CONSULTANCY ORGANIZATIONS Article 12. Selection of urban planning consultanoy organizations 1. Urban planning consultancy organizations maybe selected through contractor appointment. Agencies organizing the formulation of urban planning shall organize the appointment of urban planning eonsultancy organizations inaccordance with the law on contractor appointment. 2. Selection of consultants through examination for general planning of major urban centers of unique significance; and for zoning and detailed planning of zones of important significance to urban centers is encouraged. 3.Whenselecting urbanplanningconsultants, agencies responsible for organizing planning work or Investors shall base themselves on this Decree's provisions on capabllityconditions and take responsibilitybefore law fordamage caused by their selection of unqualified consultancy organizations. Article 13. Forms of examination I. The selection of urban plan ning consultancy organizations shall be conducted through examination of planning ideas. 2. Urban planning consultancy organizations taking part in an examination must satisfy capability conditions prescribed in Article 9 of this Decree. 3. Organization of examination: The agency organizing urban planning shall: aJ Organize the elaboration and approval of tasks and regulationsandestimation of fundsfor the examination; bl Invite at least 5 urbanplanning consultancy organizations to take part in the examination; cl Form an examination council to evaluate and rank consultancy organizations. 4. Composition and responsibilities of an examination council: aJ Composition: An examination council shall he composed of representatives of relevant state management agencies and socio-professional organizations and the architecture and planning council and experienced planningandarchitecture specialists. bl Responsibilities: To analyze planning ideas to determine whether they meet requirements of examination tasks; scientificity and practicality of plans; and evaluateand rank the consultancy organizations. To summarize and reporton evaluationand ranking results to the agency organizing urban planning. 5.The agency organizing urbanplanning shall decide to select a consultancy organization on the basis of examination results. Chapter III FORMULATION, EVALUATION AND APPROVAl. OF URBAN Pl.A NNING Section 1. CONTENTS OF AN URBAN PLAN Article 14. Principles of formulating urban planning ep j IssuenosOS.Q91April2010 (GOngBao nos167-1681Apri/21. 2010) OFFICIAL GAZETTE 9 I. General planning shall be formulated for centrally run cities. provincial cities, towns, townships and new urban centers in line with orientations of the master plan on the national urban system, 2, Zoning planning shall be formulated for zo nes within c it ies and town s in order to concretize general planning. serving as a basis fordetermining construction investment projects and formulating detailed planning. 3. Detailed planning shall be formulated for LUII"S wilhin cities, luwns and townshlps When making construction investment in order to concretize generalplanning andzoningplanning. serving as a basis for elaborating construction investment projects and licensing construction, 4. 1'01' a construction work built by a single investor on an area smaller than 5 hectares (or <mailer than ? hecrnres for investment projects to build apartments). a construction investment project may be elaborated without a detailed planning. VeneraI plan draw ings. work architectural plans and technical infrastructure solutionsin the conceptdesign must comply with the zo ning planning. ensure techni cal infras truct ure co nnectivity and suit the architectural space of surrounding zones. Article 15. Contents of a general plan of a centrally run city 1. Analysis and evaluat ion of natural conditions and the present socio-econo mic situation; populationand labor; land use;existing technical and social infrastructure facilities and environment of the whole city and each urban area. 2. Identificati on of development characteristics. objectives and driving force. 3. Identification of the population size. Jaboi, area of urban construction land. land and social ann te,('hn i ~al infrastructurecriteria for the whole city and each urban area to meet development requirements of different periods of 10years and 20-25 years and the development trend over the next 50 years. 4.Expected land use of the whole city to meet development requirements of each period. 5. Urban space development orientations, covering: aJ Identification of a development model and spatial structure for the whole city: Development orientations of the urban systern in the city: size, Iunctions and scope of the central area; locations. sizes. characteristics. functions. scope and development principles of other urban areas; Orientations of other functiunal areas throughout the city (industrial. agricultural. forestry. tourist. ecological, conservational and others ): charac teristics. area. scope and development principles; Developmentorientationsof rural residential areas: locations of centers of commune clusters and commune centers ; concentra ted rural residential points and development models: Development orientationsofspatialaxes and urban de velopment corridors of the cit y: characteristics and development principles. bl Spatial development orientations for the central area. covering: Urba n development and expansion directio ns; Identification of boundaries and areas of functional areas ; areas to be converted in func tion; existi ng areas restricted from development; areas to be refurbished. renovated. conserved and embellished, new development 10 OFFICIAL GAZETTE IssuenosOB.091April 2010 (Gong BaDnos 167-1681ApriI21, 2010) areas, no-construction areas; and reserve areas for development; Identificationof populationdensityandland use criteria for urban planning anddevelopment principles for functional areas; Identificationof thesystemofadministrative centers, trade andservice centers. public. physical trainingandsports centers; parksand open-space areasin thecity: and municipal-level specialized centers; Identification of areas planned for the construction of underground works: Identification of architectural and scenic areas, cent ra l zo nes and gateways of the city, main spatial axes. major squares, tree areas. water surface areas and prominent spots in the cityand proposed principles and requirements for spatial and architectural organization in these zones. 6. Deve lopme nt orien tatlons for urban technical infrastructure; aJ Deve lopment orientations for technical infrastructure in the whole city, covering: General evaluation and selectionof landfor urban development: evaluation of topography and geological calamities. identification of no consuuctiun areas and areas restric ted fro m construction, identification of water basins and main drainage basin zones; water drainage directions and locations and sizes of water drainage works; identificationofstandard ground floor 'levels for the city and eac h of its zo nes; Identification of the external transport network. includ ing roads, railways. waterways and airways; locations and sizes of airports. seaports. river ports and railway stations: road routes. urban railway (overhead. on the ground andunderground); identificationof locationsand sizes of external coach terminals: ., Identification of waterand power reserves. demands and supply sources; total volumes of wastewater and garbage; locations, sizes and capacities of key works and transmission and distribution routes uf water ainl power supply. lighting, communication and water drainage networks; locations and sizes of solid waste treatment sites. cemeteries and other works for urban areasandother functional areasof thecity. bl lJevelopment orientations tor technical infrastructure in central areas. including: Determi nation of water drainage basi ns , identificationof rainwater drainage networks and standard ground floor levels in each area; Identification of major urban transport networks, urban railway routes and stations (overhead. on the ground and underground): organization of the mass transit system and the sys tem of car terminals and parking lots (overhead, on thegroundandunder the ground); identification of red-line boundaries of urban trunk roads and the system of technical trenches and tunnels; Identifi cation of locations and sizes of key works and major distribution networks of water supply, power supply, lighting, communication and water drainage systems, 7. Strategic environmental assessment a/ Evaluation of current conditions: Natural urban enviro nment, hydro meteo rological. eco logica l and geo logica l cond itio ns. land erosion . natura l reso urce exploitation and utilization and climate change; Quality of water sources. air. solid waste, wastewater and noise; Populutiou, social. cultural and heritage issues. hi Analysis and forecast of positive and •• Issuenos 08.09/Apri12010 (Gong Beonos 167·16B/April 21,2010) OFFICIAL GAZETTE 11 negative impacts on socio-economic develop ment and urban environment: proposed system of environmental protection criteria for putting forward optimal solutions to spatial and technical Infrastructure development. c/ Prop osed co mpre hens ive solutions to preventing. reducing and remedying impacts on and risks to the population; natural ecosystem; water sources , air and noise in the course of implementation of urban planning. d! Formulation of environmental monitoring programs and plans regarding environmental observation, management and techniques. 8. Proposed priority development investment programs and implementation resources. 9. A I :25,000- or 1:50,000-scale spatial and technical infrastructure development orientation map of the whole urban area for each period ; a 1:10,000- or 1:25,000-scale spatial and technical infrastructure development orientation map of the central area for each period. Article 16. Contents of a general plan of a provincial city or town 1. Analysis and evaluati on of natural conditions and the present socio-economic situation; population and labor; land use; current situation of the construction of technical and social infrastructure facilities and environment in the city or town. 2. Identification of development charac teristics, objectives and driving force, population size, labor, area of urban construction land, land and social andtechnical infrastructure criteria for the city or town to meet development requirements of different periods of 10 years and 20-25 years. 3. Projected land use of the city or town to meet development requirements of each period. 4. Urban space development orientations. including: a!Urban development model and directions; b/ Identification of scopes or sizes of functional areas in the city or town; existing areas res tr ic te d fro m development ; areas to be refurbi shed , renovated , conse rved and embellished; areas to be converted in function; new development areas. no-construction areas; and reserve areas for development: and areas planned for the construction of underground works for urban centers of grade III or higher; cl Identification of population density and land use cr ite ria for urb an planning and development orientations and principles for each functional area; d/ The system of administrative centers, trade and service centers, public, physical training and sports ceutersparks and tree awl open -space areas; and specialized urban centers; el Development orientations for r ural residential areas; f/ Identification of architectural and scenic areas, main spatial axes, public squares, gateways and prominent spots in the city or town; and proposed spatial and architectural organization in these zones. 5 . Development orientations for urban technical infrastructure, covering; a! General evaluation and selection of land for urban development: evaluation of topography and geological catastrophes, identification of no cuustructlou areas and areas [e:-;lricteu flUW construction, identification of water basins, flow division and main drainage directions; locations and sizes of water drainage works; identification of standard ground floor levels for the city or town and each of its zones; 12 OFFICIAL GAZETTE Issuenos OB·09/April2010 (Gong Baanos 167-1681ApriI21, 2010j bl Identification of the external tran sport network. urban road s. locations and sizes of such key transport works as airports. seaports, river ports and railway stations; external coach terminals; organization of the mass transit system and system of car stations and parking lots; identification of red-line boundaries of trunk urban roads and the system of technical trenches and tunnels; cl Identification of water and power demands and supply sources; total volumes of wastewater and garbage; locations, sizes and capacities of key works and transmission and distribution networks of water and power supply. lighting. communication and water drainage and wastewater treatment facilities; locati ons and sizes of solid waste treatment sites, cemeteries and other works. 6. Strategic environmental assessment: as stipulated in Clause 7, Article 15 of this Decree. 7. Proposed priority development investment works and implernentatton resources. 8. Spatial and technical infrastructure devel opment orientations for the city or town for different period s, demon strated on 1;10,000- or 1:25.000-scale maps. Article 17. Contents of a general plan of a township or class-V urban center not yet recognized as township 1. Analysis and evalua t io n of natu ral conditions and the present socio-economic situation; population and labor; land use; current situation of the constructi on of tech nical and social infrastructure facilitie s and environment in the township or urban center. 2. Identification of development objectives and driving force; population characteristics and size. labor, area of urban construction land; and social and techni cal infrastructure criteria for different periods of development. 3. Projected land use of the township or urban center in each planning period. 4. Urban space development orientations. including: aJ Urban development directions; hi Identification of scopes or sizes functional areas in the township or urban center; areas to be refurbished. renovated and conserved; new development areas , no-construction areas; and reserve areas for development; cl Identification of population density and land use criteria [or urban planning ant! development orientations for each functional area; dl Identification of the administrative center. trade and service centers, public centers; parks and open-space areas in the township or urban center; cl Orientations for spatial organization, architecture and landscape for functi onal areas in the township or urban center, and main spatial axes. 5. Development orientations for urban technical infrasuucture, covering: a/ General evaluation and selection of land for urban development: identification of standard ground floor levels for the whole township or urban center and each of its zones; b/ Identification of the external transport network. urban roads. locations and sizes of key tr an sport wo rks; identification of red -line boundaries of trunk urban roads and the system of technical tunnels; cl Identification of water and power demands and supply sources; total volumes of wastewater and garbage; locations, sizes and capacity of key ri r . 13OFFICIAL GAZETTEIssue nos OB·091Apri12010 (Gong Bao I10S167·168,1April 21. 2010) .:... ---:....- - ---- ---- - - works and transmission and distribution networks of water and power supply, lighting . communication and water drainage; locations and sizes of solid waste treatment facilities, cemeteries and other works. 6. Strategic environmental assessment As stipulated in Clause 7. Article 15 uf this Decree. 7. Proposed priority investment projects and imp lementation resources. 8. Urban spatial and technical infrastructure development orientations for different periods, demonstrated on I :5.000- or I : IO,OOO-sca le maps. Article 18. Contents of a general plan of a new urban center Contents of a general plan of a new urban center comply with the provisions of Clauses I thru 8, Article 16 of this Decree. which should include a clear analysis of grou nds for the formation and development of the new urban cen ter; research on the spa tial deve lopment model and structure; architectural and landscape orientations conformable wi th the c haracteristics and functio ns of the ne w urban cente r; ide ntification of differenl per iods of development, implementation plans and projects that will create a momentum for the formation of th e new urh an ce nter, and nn urban development management model. Article 19. Contents of 0 zoning plan I. Analysi s and evaluation of nat ural conditions, the actual construction land status. population, society, architecture and landscapeand technical infrastructure; the general planning's provisions concerning the planned zone. 2. Identification of criteria for use of planned urban land andsocial and technical infrastructure facilities for the whole planned zone. 3. Plan on the total land ground to be used: aJ Identification of functional areas in the planned zone; bl Identification of criteria foruse of planned urban land regarding construction density. land use coe fficie nts and max im um number of building stories for each street block; setbacks of construction works from roads, locations and sizes of underground works (if any). 4 . Identi fication of pr in ciples and requirements on spatial organization, architecture and landscape for each functional area, trunk road, open space. prominent spot, central area and conservation area (if any). 5. Plan on the system of urba n techni cal infrastructure facilities: The system of urban technical infrastructure facilities shall be installed up to the network of roads within the zone. A plan must have the following contents: aJ Identification of standard ground floor levels for each street block: bl Identification of transport networks, cross sections, red-line and construction boundaries; identification and concretization of the genera l planning regarding locations and areas of car stations and parking lots (overhead, on the grounds and unde rground); metro routes and stations; and technical trenches and tunnels; cI Identification of water demands and supply sources; locations and sizes of water plants and pump stations ; water pipe line ne tw ork and detailed technical parameters; dl Identification of power use demands and supply sources; locations and sizes of power distribution stations; medium-voltage power line gIicJ and UI ban lighting system: 14 OFFICIAL GAZETTE Issuenos 08.09fApril 2010 (Gong Baanos167·168!April21, 2010) el Id entification of informati o n and communication demands and network; f/ Id en ti fication of tota l vo lu mes of wastewater and garbage: water drainage network; and location and sizes of wastewater and waste treatment facilities. 6. Projected priority investment projec ts. 7. Strategic environmental assessment: at Evaluation of the present environmental status regarding topographic and national cond itions; so lid waste, wastewater and noise (if any); and social and cultural issues and natural landscape; bl Analysi s and forec ast of positive and negative impac ts on the environment; proposed system of environmental protection criteria for putting forward optimal space and technical infrastructnre planning solutions for the planned zone; cl Proposed measures to reduce and remedy impacts on population and natural landscape, arr and noise when the urban plan is implemented; dJ Making of environmental monitoring plans regarding environme ntal techn iques, management and observation. 8. Plan on total land ground to be used and a system of technical infrastructure facili ties, demonstrated uu L2,000 - UJ L5,000· ,cale map'. Article 20. Contents of a detailed plan l. Ana lysis and evalua tio n of na tural conditions, the actual construction land status, population. society, architecture and landscape and techn ical infra str uc ture ; th e gene ral planning's and zoning plan's provisions concerning the planned zone. 2. Identification of criteria for use of planned urban land and social and technical infrastructure for the whole planned zone. J. Plan on the total land ground to be used: identification of functions and use criteria for plann ed urban limn regarding construction density, land use coefficients and maximum numb er of bui lding stories ; se tbacks of construction works and each land lot from road; locations and sizes of underground works (if any) 4. Identification of standard heights, floor and ceiling levels of the first storey; architectural form, fence and main colors and materials of construction works and other architectural objects for each land lot; organizations of public trees, yards and gardens, street trees and water surface in the planned zone. 5. Plan on the sys tem of nrb an techni cal infrastructure facilities: The system of urban technical infrastructure facilities shall be built up the network of roads within the zone. A plan must have the following contents: al Identification of standard ground floor levels for each land lot; bl Iden tifi cation of transpor t networks (including foot paths, if any), cross-sections, red line and construction boundaries; identification and concretization of the general planning and zoning planning regarding locations and areas of car stations and parking lots (overhead, on the grounds and underground); cl Identification of water demands and supply sources; locations and sizes of water plants and pump stations; water supply pipeline network and detailed technical parameters; dl Identification of power use demands and supply sources; locations and sizes of power distribution stations; medium-voltage and low Issuenos08·09/April2010 (Gong Bao nos 167-168IApri/21, 2010) OFFICIAL GAZETTE 15 voltage powergrids and urban lighting system; cl Identifi cation of in formati on and communication demands and network; fl Identification of wastewater and garbage; water drainage network; and locations and sizes of dirty water and waste treatment facilities. 6. Strategic environmental assessment: aJ Evaluation of the present environmental status It.':gUHlillg lUJ!OgLUJ?hiL: conditions: social and cultural issues and natural landscape; hi Ana lysi s an d forecast nf positive a nd negative impacts on the environment; proposed system of environmental protection criteria for identi fying optimal space and technical infrastructure planning solutions for the planned zone; cl Proposed measures to reduce and remedy impactsOn the urban environmentwhen theplan is implemented; dIMaking of environmental monitoringplans on envlronmental techniques, management and observation. 7 . A I:SOO-scale map of the total land ground to be used and the system of technica l infrastructure facilities. Section 2. CONTENTS OF A SPECIALIZED TECHNICAL INFRASTRUCTURE PLAN Article 21. Principles on the formulation of a specialized technical infrastructure plan 1. A specialized technical infrastructure plan shall be form ulated for every centrally run city in order to concretize technical infrastructure planning orientations initsgeneral plan, ensuring sufficient grounds for making investment projects to bui ldan urban technical infrastructure system. 2. A specialized technical infrastructure plan shall cover e.ve:.ry technica l infmr;;,tfllr.t\1re:. nbjf".('.t in the whole city. 3. The details of a specialized technical infras tructure plan must conform with the approved general plan of the centrally run city. Article 22. Contents of a specialized urban transport plan 1. Evaluation of the actual situation of construction anddevelopment of urbantransport infrastructure faci lities (external transport and urban transport); and mass transit. 2. Forecast of transport demands and identification of economic and technical criteria and land funds reserved for transport 3. Identification of the external transport system of the urban center (roads, railways, waterways and airways) , covering specific routes, locations and sizes of key works; airport, seaport, river port , traffic junctions, and parking lots for external transport. 4. Planning of the urban transportsystem, including clas sification and organiza tion of the urban road network, specific identification of urban railway routes (on the ground, overhead and underground), locations and sizes of works; railway stations, parking lots within the urban center, major transport junctions; identification of red-line andconstruction boundaries..of major streets. 5. Planning of mass transit. 6. Identification of investment programs and projects; preliminary total investment amounts, sources and implementation plans. 7. Strateg ic environme ntal assessment. 8. A I;10,000- I; I;25,000-scale transport system status and planning map. f' 16 OFFICIAL GAZETTE Issue nos 08·09/April201 0 (Cong Bao nos 167·1681Apri/2l, 2010) .......~ ..•. .. Article 23. Contents of an urban foundatiou height and surface water drainage plan 1. Evaluation of the current typographic conditions. workgeological andhydro-geological conditions and areas with environmental calamities (subsidence, erosion... ). 2. General evaluation of urban construction landfor each urbanzone, including identification of zones favorable and unfavorable for. and restricted and banned from construction. 3. General evaluation of the urban water drainage and flood situation: frequency, areas, water depth, current conditions of the water drainage -system, locations and sizes of water drainage pump stations. 4. Identification of hasir, criteria a nd parameters; waterdrainagebasins; surfacewater drainage and receiving sources; locations and SIzes ot major drainage works; and measures against disasters. 5. Identifica tion of maximum ground floor levels fOT each specific construction zone and major streets. 6. Preliminary identification of volumes of digging and building work in all zones. 7. Identification of priority investment programs and projects, preliminary total investment amount and projected implementa, tion resources. 8. Strategic environmental assessment. 9. A 1:10 ,000- 1:1:2S,OOO- scale urban foundation height and surface water drainage status and planning map. Article 24. Contents of an urban power supply plan 1.Evaluation of the current power supply and consumption; currenr situation of power sources and grids (transmission and distribution routes). locations and sizes of transformer stations, 2. Identification of power supply norms and power demand (including power for urban lighting). 3. Ide ntificatio n of tran smission and distribution grids (110 kY, 35 kV and 22 kV); locations and sizes of transformer stations. 4. Identification of priority investment programs and project s, prelimin ary total investment amount s and projected implementation resources. 5. Strategic environmental assessment. 6. Al:lO,OOO-I :I :2S,000-scalepower supply status and planning map. Article 25.Contentsof an urban lighting plan 1. Evaluation of the existing urban lighting system, including power supply sources, power grid, lighting sources, power consumption, the sima tior, nf orga nizatio n and forms nf ligh ting at traffic works, public space, lighting of the exterior of works, advertisement lighting, and lighting of festive places. 2. Identification ofli ghting criteria for lighted objects, forecast of power demands of lighting. 3. Proposed lighting solutions for traffic works, public spaces, lighting of the exterior of works, advertisement lighting, lighting of festive places, etc., and power source and grid. lighting SUUH:e awl e4uijJUlt:IlL .sulutiUlJ.'). 4. Identification of priority investment pr-ngt ams and proj ect s, preliminary total investment amounts and projected resources for implementation. 5. Strategic environmental assessment. 6. A 1:10,000- 1:1:2S,OOO-scale urban lighting system status and planning map. 4 ; j .1d 2 Ls.L Issue nos OB·091Apri! 2010 (Gong Bao nos 167-168/Aprif 21,2010) OFFICIAL GAZETTE 17 Article 26. Contents of an urban water supply phn l . Eva luat ion of the current water supply system: water sources. capacity. effectiveness. quality of clean water, water pressure, connection ra te , waste and loss rat es, and the current operation of water ~upply facilities and pipelines. 2. Specific assessment of reserves and quality of surface water and groundwater sources and the capability of exploitation for water supply. 3. Identification of water supply criteria for different use purposes and supply demands. 4. Selection of specif ic water sources , identification of water demands; zoning of water supply area s and identification of land use demands of water supply facilities. 5. Identifica tion of water supp ly pipeline networks (grades I and II). locations and capacities of water supply facilities. 6. Identification of priority investment programs and projects, prelimina ry tota l investment amounts and projected resources for implementation. 7. Proposed regulations on the protection of water sources and water supply systems. 8. Strategic environmental assessment. 9. A 1:10,000- 1:25,000-scale water supply status and planning map. Article 27. Contents of an urban wastewater drainage plan I. Evaluation of the current water drainage and water drainage network, treatment stations, drainage capacity of the system; water pollution and water environment developments. 2 . Id entification of ba si c cr iteria and parametersof daily-lifeand industrial wastewater drainage systems; total wastewater volumes; wastewarer-recei v ing sources and their capacities. 3. Selection of wastewater collection and treatment systems. 4. Identification of the directions, locations and sizes of grade-I and -11 water drainage networks; discharging points , water level s, maximum discharge flow. requirements on the quality of wastewater at discharging points. 5. Identification of locations and sizes of wastewater treatment plants. 6. Identification of priority investment programs and projects; preliminary total investment amounts and projected capital sources and implementation plans. 7. Strategic environmental assessment. 8. A 1:10,000- 1:25,000-scale wastew ater drainage system status and planning map. Article 28. Contents of a solid waste treatment plan I. Evaluation of current discharging Sources, co mpos it ion and cha racteristics, and identification of total volumes of ordinary and hazardous solid wastes. 2. Evaluation of possibilities of sorting at source and recyc ling and reusing solid wastes. 3. Identification of waste criteria and forecast of waste sources and forecast of tota l waste volumes. 4. Identification of locationsand sizes of solid waste co llection points , transit stat ions , and treatment complexes and facilities. 5. Pr oposed appropriate treatmen t technologies. 6. For mulation of priority investment Aa:L 18 OFFICIAL GAZETTE Issue nos 08·09/April2010 (Gong Baonos167·1681April21, 2010) progra ms and projects: preliminary tot al investmentamountsandprojectedcapitalsources and implementation plans. 7. Strategic environmental assessment. 8. A 1:10,000- l:25 .000-scale solid waste treatment status and planning map. Article 29. Contents of a cemetery plan 1. Evalu ation of the curren t s tate of cemeteries, including their distribution, areas, operation and use (new, operating, to-be-closed, relocated and -renovated), and environmental impacts. 2. Forecast of burial demands of the whole urban area, land use requirements and selected forms of burial. 3. Identification of locations and sizes of cemeteries (of grades 1, 2 and 3). 4. Strategic environmental assessment. 5.Formulation ofpriority investment projects, prc l imi rrary total investment amounts and projected capital sources and implementation plans. 6. A I': ro,000-l:25,000-scalecemetery status and planning map. Article 30. Contents of an information and communication plan 1.Evaluation of the current information and communication system; arrangement ofoverhead ami underground wires. 2. Identification of informa tion and communicat ion demands 3. Identification of circuit-switc hing networks, telecommunications service networks, peripheral networks and transmission systems. 4. Formulationof priority investment projects, preli minary total investment amounts and projected capital sources and implementation plans. 5. Strategic environmental assessment. 6. A I: I0,000- I:2'i.000-scnle information and communication status and planning map. Section 3. ORDER AND PRO CEDURES FOR EVALUATING AND APPROVING URBAN PLANNiNG Article 31. Order and procedures for evaluating and approving urban planning tasks and plans 1. Submitting and approving agencies afTheMinistry of Construction shall evaluate and submit to the Prime Minister for approval urban planning tasksand plans falling within its formulating responsibility and thoseassigned by the Prime Minister; blProvincial-level People's Committees shall submit to the Ministry of Constructio n for evaluation and submission to the Prime Minister for approval urban planning tasks and plans falling within the approving competence of the Prime Minister, excluding urban planning referred to at Point a of this Clause: cl Agencies organizing the formulation of urban planning mentioned in Clauses 3, 4, 5 and 6, Article 19 of the Law on Urban Plann ing shall submit to provincial-level planningmanagement agencies for evaluation and submiss ion to prov inc ial- leve l Peop le's Comm ittees for approval urban planning tasks and plans falling within the approving competence of provincial level People's Committees; dl Provincial-l evel urba n planning management agencies shall evaluateand submit to provincial-level People's Committees for approval urban planning tasks and plans falling Issue nos 08.09/Apri12010 (G6ng Bao nos 167·1681ApriI21, 2010) OFFICIAL GAZETTE 19 within the formulating competence ofprovinciai level People's Committee.' and urban plans formulated by investors of construction investment projects; e/ District-level urban planning management agencies shall evaluate and submit to district level People's Committees for approval urban planning tasks and plans falling within the formulatingcompetenceof district-level People's Committees and urban plans formulated by investors of construction investment projects; f/ Investors of construction investment projects shall submit to provincial-level urban planning management agencies for evaluation urban plans falling within the approving competence of provincial-level People ' s Committees; or to district-level urban planning management agencies for evaluation urbanplans falling within the approving competence of district-level People's Committees. 2. Agencies evaluating urban planning shall base themselves on opinions of related agencies, evaluation councils and contents of planning tasks and plans to send documents to submitting agencies forcompleting urban planning tasksand plans. After receiving complete urban planning task and plan dossiers, evaluating agencies shall report on evaluation contents to agencies with approving competence for consideration and decision. 3. For general plans of urbancenters of grade IV or higher, provincial-level People' s Committees shallobtainwritten agreement of the Ministry-of Construction before approvingthem. 4. For urban plans falling within their approving competence, district-level People's Committees shall obtain written agreement of provincial-level planning management agencies before approving them. Article 32, Time limits for evaluating and approving urban planning tasks and plans 1. Time limits for evaluating and approving general urban planning; aJ For centrallyrun cities, the time limits for evaluating and approving tasks are 25 days and 15 days respectively ; the time limits for evaluatingand approving plans are 30 days and 2'1 nays respectively, from the nate of receipt of complete and valid dossiers; bl For provincial cities, towns andnew urban centers, the time limits for evaluating and approving tasks are 20 days and 15 days respectively; the time limits for evaluating and approving plans are 25 days and IS days respectively, fromthedateof receiptofcomplete and validdossiers; cl For township s, the time limits for evaluating and approving tasks are 20 days and 15 days respectively; the time limits for evaluating and approving plans are 25 days and 15 days respectively, from the date of receipt of complete and validdossiers. 2. Time ltmtts for evaluating and approving zoning and detailed plannings: the time limits for evaluating and approving tasks are 20 days and 15 days respectively; the time limits for evaluating and approving plans are 25 days and 15 days respectively, from the date of receipt of complete and validdossiers. 3. Time limits for evaluating and approving specialized technical infrastructure planning: The time limits for evaluating and approving plans are 20 days and 15 days respectively, from the date of receipt of complete and valid dossiers. Article 33. Dossiers submittedfor evaluation and approval of urban planning tasks and plans 1. A dossier submitted for evaluation and , &£ 20 OFFICIAL GAZETTE Issuenos08·09/April 2010 (Gong Baanos 167-168IApril21, 2010) approval of an urban planning task comprises a wri tten request for evaluatio n and approva l; explanation about contents of the task; draft decision to approve the task; miniature color drawings; and relevant legal documents. 2, A dossier submi tted for evaluation and approval of an urban plan comprises a written request for evaluation and approval of the plan; explanation about contents of the plan, including miniature color drawings; draft regulation on management according to the urban plan; draft decision to approve theplan;calculationannexes; color drawings of prescribed scale; and relevant legal documents. Article 34, Contents of approval of urban planning rasks and plans 1.Agencies with approving competence shall approve in writing urban planning tasks and plans, covering the following contents: aI For general planning: Derails of a decision approving a general planning task include the scope and boundaries covered by the. general planning : characreristics of the urban center; projected basic criteria of population, land and technical infrastructure; major requ irements of research into urban development direct ions, st ruc ture of spatial organization, key works and major solutions to organizing the system of technical infrastructure facilities; and a list of plan documents; Derails of a decision approving a general plan include the scope and boundaries covered by the genera l planning: cha racteristics and functions of the urban center; population sizes and urban land areas in different periods of development; major econo-technical criteria and urban development directions; orientations for organizing urban space, projected administrative boundaries of the inner city and outs kirts, structure of land use based on functions: locations and areas of main functional areas : supply sources, locations, size and capacitie s of key works and the main network of urban technical infrastructure (including underground works, if any): regulations on urban space, architecture and landscape; defense and security-related matters and environmental protection measures; priority investment programs and implementation resources; and matters related to the organization of implementation, bl For zoning planning: Details of a decision approving a zoning planning task include the boundary, area and characteristics of the zone covered by the zoning planning: some projected basic cr iteria of population, land use and social and technical infrastructure; requirements and principles on spatial organi za ti on and archi tec ture and connection of technical infrastructure facilities ; and a list of plan documents; Details of a decision approving a zoning plan include the boundary, area and characte ristics of the zone covered by the zoning planning; basic cri teria of population, land and social and technical infrastructure; structure of land USC; criteria for use of planned urban land, solutions to organizing urban space , architec ture and design for each street block; supply sources and so lutio ns to organi zin g the techn ical infrastructure network to each street, so lutions to organizing resettlement (ifany);environmental protection measures; work items prioritized for investment and resources for implementation; and matt ers rel ated to the organ ization of implementation. cl For detailed planning: Details of a decision approving a detailed j £ .---- . - - - . ... Issue nos08.09fApril2010 (Gong Bao nos 167-168IApril21, 2010) OFFICIAL GAZETTE 21 planning task include the boundary and area of the zone covered by the detailed planning; projected basic criteria of population, land and social and technical infrastructure; requirements and principles on spatial organization, arc hi tec ture and land scape, conn ecti on of technical infrastructure and other research requirements; a list of works to be built in the planned zone; and a list of plan documents; Details of a decisionapprovinga detailed plan include the boundary, area and characteristics of the zone covered by the detailed planning. basic criteria of population, land and social and technical infrastructure; structure of land use; criteria for use of planned urban land, solutions to organizing urban space, architectureand design for each land lot; supplysources andsolutions to organizing the technical infrastructure network to each land lot, solutions to organizing resettlement (if any); environmental protection measures; work items prioritized for investment and resources for implementation;matters related to theorganization of implementation, and a list of works to be built in the planned zone. dl For specialized technical infrastructure plannin g: Details of a decision approving a specialized technical infrastructure plan include the boundary, econo-technical criteria, supply sources, locations, sizes and capacities of key technical works , solutions to organizing the technical infrastructure network, investment programs and projects, fnnding sources and implementation plan 2. Drawin gs and regulations on management according to urban plan enclosed with a decision approving an urban plan shall be stamped for certification by the urban planning-evaluating agency. Chapter IV PLANNING LICENSES Article 35. General provisions on planning licenses 1. Planning licenses shall be granted to investors meeting all capability conditions for investing in construction projects. 2. Planning license is a legal basts for an investor to formulate urban planning and a construction investment project and carry out construction. 3. Planning license represents regulations of a competent agency to be complied with by investors in the course of forrnulanng urban planning and construction investment project s and implementing the projects. 4. The validity term of a planning Iicense for a project to construct concentrated works is 24 months at most from the date of its grant to the date of approval of the detailed planning. The validity term of a planning license for a project to construct an individual W01'k is 12 months at most from the date of its grant to the date of approval of the investment project. Article 36. Cas es subject to pl anning licensing 1. Investment projects to construct works concentrated in zones within an urban center which have lIU Wiling and detailed planning yet. 2. Investment projects to construct works concentrated in zones within an urban center which have had zoning planning but lack sufficient grounds for formulating detailed planning. 3. Investment projects to construct individual works in zones within anurban centerwhichhave I'III! i. II!. ! . , 22 OFFICIAL GAZETTE Issue nos OB.Q91Apri12010 (Gong BaD nos 167-168/April21,2010) no detailed planning or urban architecture yet, except houses. 4.Investmentprojects to construct individual works or works concentrated in zones with approve d detailed planning but requiring adjustment of the boundary of or some criteria for use of planned urban laud with I C' I""l:l [ 0 a land lot. Article 37. Order of planning licensing I. On the basis of planning information, an investor shall compile a uu» icl uf application for a planning license for constructi ng concentrated works as stipulated inArticle 36 of this Decree, and send it to an agency competent to grant planning licenses. 2. On the basis oturbandevetopment control and management requirements, regulations on management according to urban planning and regulations onthe management of urbanplanning and architecture, and proposals of investors, planning managementagencies at all levels shall considerdossiers,consultconcerned agencies on contentsof planning licenses and report them to agencies competent to grant planning licenses. The time limit for evaluating dossiers and consultation must not exceed 30 days from the time of receipt of complete and validdossiers. 3. Competent agencies shall consider and grant planning licenses within 15 days after receiving dossiers of evaluation for the grant of planning licenses from planning management agencies at all levels. 4 . FUI co ust ruc t ion inve stment projects mentioned in Clauses 3 and 4, Article 36 of this Decree, in the course of evaluating dossiers of application for planning licenses, planning managementagencies at all levels shallorganize co llec tions of opinions of representatives of concerned population communities on licensing contents. These representatives shall sum marize opi nions of population communities in accordance with the law on the exercise of democracy at the grassroots level. Ar ticle 38. Dossiers of application for planning licenses A dossierof application for a planning license comprises: I. An application for a planning license; '1.. A plan of the location of the site for which a planning a license is applied; 3. Projected scope and boundary of the land lot and criteria for use of plannedurban land; 4. Projected investment contents, size of the project and total investment amou nt; 5. Report on the legal entity and financial capacity for implementing the project. Article 39. Contents of a planning license I. The contents of a planning license for a concentrated construction investment project mentioned in Clauses 1 and 2, Article :;6 01Ibis Decree include: aI Inves tor; bl Scope, boundary, landarea and population size of the planned urban area; cl Land use criteria for houses; services and trade; social infrastructure works; trees and transport works; criteria for planned urban land for the whole planned zone; requirements on spatial organization, architecture . landscape and environment; requirements on criteria and key works of urban technical infrastructureas a basis for the investor to prepare detailed planning tasks and detailed plans; dl Validity term of the license. ';n t [Amy t Issuenos08·091April2010 (Gong Baonos 167-168/Apn7 21,2010) OFFICIAL GAZETTE 23 2. The contents of a planning license for an individual work construction investment project mentioned in Clauses 3 and 4. Article 36 of this Decree include: a! Investor; bl Scope, boundary. landarea and population size of the plaulIl'::,u urban zone ; cI Criteria for use of planned urban land regarding the ma ximum number of building stories. land use coefficients and construction density for the land lot; requirements on work architecture and environment; requirements on criteria of urban technicalinfrastructure and other requirementsas a basisfor the investorIn prep"re the work construction investment project; dl Validity term of the license. Article 40. Competence to grant planning licenses 1.People's Committees ofcentrally runcities shall grant planning licenses to the following cases: al Construction investment projects mentioned illClaus" 1, Article 36 of tnls Decree which cover more than50 hectares citywide and construction investment projects of significant political. socio-economic. cultural or historical importance to their cities; bl Const ruction investment project s mentioned in Clauses 3 and 4, Article 36 of this Decree in inner urban districts. 2. People's Committees of provinces shall grant planning licenses to the following cases: al Construction investment project s mentioned in Clause I.Article 36 of this Decree which cover more than50 hectares provincewide and co nstructio n investment project s of significant political. socio-economic. cultural or historical importance to their provinces; bl Co nstructio n investmen t project s mentioned in Clauses 3 and 4. Article 36 of this Decree in provincial urban centers. 3. People's Committees of provincial cities. towns and districts shall grant planning licenses to cases other than those specified in Clauses 1 and 2 of this Article within the administrative territories under their respective management. Article 41, Fee for the grant of a planning license 1. A fee for the grant of a planning license shall be determined to be a percentage of the projected total in vestment amount of a construction investment project. 2.The Ministryof Finance shall specify rates of the fee for the grant of a planning license. Chapter V MANAGEMENT OF URBAN CONSTRUCTION ACCORDING TO PLANNING Section 1. MANAGEMENT OF DEVELOPMENT OF NEW URBAN CENTERS Article 42. Management of development of new urban centers 1. The Prime Minister shall decide to set up deve lopment management boards for inter provincial new urban centers. 2. Provincial-level People's Committees shall decide tosetupdevelopment managementboards for new urban centers within provinces. 3.TheMinistryof HomeAffai rs shall assume the prime responsibility for, and coordinate with the Ministry of Construction andprovincial-level 24 OFFIC IAL GAZETTE Issue nos 08·09/Apri1 2010 (Cong BaD nos 167·168/ftpriJ 21,2010) People's Committees in, defining the functions and tasks of new urban center development management boards. Article 43. Responsibilities of a new urban center development management board On the basis of theapproved generalplanning of a newurban center.a new urban development management board shall: l. Organize the formulation of zoning and detailed plannings andsubmitthem to competent authorities for approval 2. Formulating a plan on comprehensive development of the new urban center regarding its technical and social infrastructure and trade, industrial and service works. 3. Organize the implementationof investment plans on projectsina coordinated manner to meet requirements in each period of development of the new urban center. 4. Coordinate with concerned ministries, branches and localities and investors inmanaging land use. construction investment. space. architecture and landscape according to urban planning; and inspect and super vise the implementation of urban planning. Section 2. MANAGEMENT OF URBAN RENOVATION Article 44. Principles on urban renovation l. In case ot rebuilding a whole zone in an urbancenter, landthereinmust be reasonablyand thrifty used with synchronous technical infrastructure facilities. meeting requirements on socia l infrastructure, public services and environment in the zone and its adjacent zones. 2. Incase of renovatingandupgrading a zone for improving and increasing living cond itions of people in the zone. reasonable connection of technical and social infrastructure and harmony of the spaceand architecture in the zone and its adjacent zones must be ensured. 3. In case 01 upgrading and improving technical infrastructure conditions. safety must be ensured and urban activities andenvironment must not be adversely affected. 4. In case of embellishing work architecture, the quality of space and landscape in the zone and urban area must be increased. Article 45. Responsibility for managing urban renovation People's Committees of centrally run cities, provincial cities, towns and townships shall: I. Conduct investigations and evaluation of the actual conditions of technical and social infrastructure, houses and public works in order to identify to-be-renovated zones in urban centers. 2. Organize couection Of opinions of population communities and concerned agencies on the contents and plans of urban renovation. 3. Make a list of urban renovation projects and include them in soc io-eco nomic developmentprograms and plans of urbancenters for five-years and annual periods as a basis for allocating funds and conducting construction investment according to planning. 4. Make public annual renovation programs and plans for related organizations and individuals to implement and supervise their imp lementation, Article 46. Contents of urban renovation plans An urban renovation plan has the following principal contents: Issue nos OB·09/April2010 (Cong Baonos 167-168/Apti/21, 2010) OFFICIAL GAZETTE 25 1. Scope or boundary of the area and the urban renovation projec t; 2. Plan on the formulation of detailed planning or urban design: 3. Settlement and relocation plans: 4 . Projected funding sources and renovation schedule; . 5. Organization of implementation Article 47. Priority cases to be included in renovation plans 1. Zones with works in a state of damage or dilapidation likely to affect the safety o f population commun ities. 2. Zone s with poor living conditi ons and environment affecting community health and social order. 3. Central areas, maj or spa tia l axes and gateways to urb an cent ers in need of embellishment , 4. Technical and social infrastructure works Iailiug lU meet development requirements of urban zones or centers. Chapter VI ORGANIZATION OF IMPLEMENTATION Article 48. Organization of implementation 1. Ministers, heads of mini sterial- leve l ag encies, heads of go ve rnme nt-a ttache d agencies, chairpersons of People's Committees of provinces and centrally run cities, heads of political organizati ons . soci o-po lit ic al organi zation s and socio-politico-profcssional organizations, and concern ed organizations and individuals shall implement this Decree. 2. The Minist ry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Construction in, providing guidance on the advance, payment and settlement of funds for the formulation and implementation of urban planning; the rates and management and use of the fee for the grant of planning licenses. 3. The Ministry of Home Affairs sball assume the prime responsibility for. and coordinate with the Min istry of Construction in, e laboratin g specific regulations on functions and duties of new urban center deve lopment management boards. ~. Urban construction plannings already evaluated, submitted and approved before the effective date of this Decree are not required to be re-submitted for approval. The organization of implementation, management of development and adjustment of these plannings comply with this Decree. 5 . T he Min istry of Co ns truc tio n sh all announce cr iteria and pric e un it s for the formulation and implem entati on of urban p lann in g ; guide the forms of prac t ic in g certificates of arch itec ts and urban plann ing engineers, and other related contents and the transitional implementation. Ar ticle 49. Rffecr This Decree takes effect on May 35, 2010 , and rep lace s the prnvivinns on planning the construction of urban centers and zones within urban centers of the Government' s Decree No. 08t200j tNlJ-CP 01 January 24, 2005 , on construction planning. Oil behalfofthe Government Prime Minister NGUYEN TAN DUNG