Decree No. 42/2009/ND-CP on the grading of urban centres

Issue nos Q8.09fMlIY 2009 (C6ng BaD nos 259-2£mfay 20, 2009) OFFICIAL GAZETTE Part I. LEGAL DOCUMENTS THE GOVERNMENT DecreeNo. 4212OO91ND-CPofMay 7,2009, on thegrading ofurban centers THE GOVERNMENT Pursuant to the December 25. 2001 Law on Organization of the Government; Pursuant to the November 26, 200] low on" Construction; At the proposalofthe Minister0/Construction, DECREES: Chapter] GENERALPROVISIONS Article 1. Scope of regulation and subjects of application 1. Scope of regulation: This Decree provides for the grading of urban centers; the fonnulation and evaluation of urban ccul.er-gzading schemes and the decision to recognize urbancentergrades. 2.ThisDecreeappliesto domestic andforeign organizations and individuals involved in the grading and development of urban centers within Vietnamese territory. Article 2. Purposes of the grading of urban centers The grading of urban centers aims to: 1. Organize, arrange and develop the national system of urban centers; 2. Fonnulate and approve urban construction plannings; 3.Raise thequality ofurbancenters anddevel~ urban centers in a sustainable manner. 4.Fonnulatepoliciesandmechanisms forurbs\ management and development. Article 3. Interpretation of terms In this Decree, the terms below are col'Sn.lXl as follows: 1. New urban center means an urban center which is planned to be formed in the fuwr1Ir7Jn::l will step by step be built up to urban cMter standards under law. 2. Urbanpopulatlon means popuIation I.I.id'rift the administrative boundaries of an ~a:nter, embracing the inner area and subueb$ 'the inner area, outskirts and township. 3. Synchronously built urban inft:aStruchlTe facilities meanstechnical and social infrastn.dLn facilities already built satisfying 70% d the requirements of their construction pian in axt1 period, meeting all standards and tech1ical regulations and complying with other releYl.l1t regulations. 4. Completely built urban infIil~rUC1Ure facilities means technical and social infriJstrLdlrt facilities already built satisfying the requi«menls of their construction plan in eachperiod. meeting all standards and technical regulations: and complying with other relevant regulations. 5. Specific urbancentermeans anurbancenter withnationally orinternationally recognized special values in cultural heritage (tangible or int:ang1ble). history, natureor tourism. Article 4. Grading of urban centers Urban centers are classified by six grades, ~ VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 08-09lMay 2009 (Gong Baonos 259-26O/May 20, 2009) namely special grade, gradeI, grade Il, gradeill, grade IV and grade V, and recogn;7~d under decisions of competent state agencies. 1.Special-grade urbancenters include centrally tWl lOities with urban districts, rural districts and satellite urban centers. 2. Urban centers of grades I and II include centrally TUn cities with urban districts and rural di&tri1:ft arul possibly attached urban centers; and provincial ~ties withwardsand communes. i. Or~-m urban centers include provincial cities err toLvns with wards and communes. 4. Grade-N urban centers include provincial towns withwards and communes. 5. Urban centers of grades N and V include distrlCt tQlHl'1ships withconsolidated street quarters and possi'Dry mral residential spots. Artick. S. Conditions for recognizing grades of expandm urban centers and new urban centers 1.The lJKpansion of theboundaries of an urban center mLlSt be based on the urban construction ~g approved by a competent state agency. Expanded areas ofan urban center mustbebuilt to .sad:sfy. basic criteria for the grade of the urban cenIIrr. Pedpk 1. Committees ofprovinces and centrally ron d!l:ie~ (below referred to as provincial-level People's eomminees) shallformulate schemes on the~n ofadministrative boundariesofurban centers undercurrentregulations andsubmit them to competent stateagencies for decision. Thegradeofanurban center shall berecognized atlr.r d'e issuance of a decision on theexpansion of its boundaries and whenthis urbancentersatisfies basiccriteriafor the grading of urban centers. 2. For an area in which a new urban center is planned to be formed, an urban construction planning approved by a competent stateagency is required, and this area has been built basically satisfying criteria for the grading of urbancenters. Provincial-level People's Committees shall formulate schemes on the formation of newurban centers in accordance withClause 1,Article 18 of this. Decree, Thegrade ofanurban centershallberecognized afterthe issuance ofa decision on the formation of a new urban center and when this urban center satisfies basic criteria for the grading of urban centers. 3. In special cases to meet requirements for national territory or sovereignty management or socio-economic development management, a competent statemanagement agency may decide on theadministrative management level foran area beforethisareais builtto satisfy basic criteria for the grading of urban centers. Article6.Basiccriteria forthegrading ofurban centers Basic criteria for the grading of urban centers shall be considered and assessed on the basis of the urban development situation in the year preceding the year of formulation of an urban center-grading scheme oratthetimeofformulating such a scheme, specifically: 1.Functions of an urban center An urban center is a general or specialized center of national, inter-provincial, provincial or district level, or a center of an intra-provincial region, which has the role of promoting socio economic development of the whole countryor a certain region. 2.Population ofanurbancenteris at least4,<XXJ. 3. The population density suits the. size, nature and characteristics of each urban centergrade and © VIETNAM LAW & LEGAL FORUM Issue nos 08-09lMay 2009 (Gong BaD nos 259-2601May 20, 2(09) OFFICIAL GAZETTE is calculated for the inner area Dr township's consolidated streetquarter. 4. The non-agricultural labor within the inner area or consolidated streetquarteraccounts for at least65% of total labor. 5. Urban infrastructure facilities, including social infrastructure facilities and technical infrastructure facilities: aJ For innerareas, these facilities arebuilt in a synchronous manner and completed to an extent prescribed for each urban centergrade; b/ For suburbs and outskirts, infrastructure networks are built in a synchronous manner, satisfying environmental protection andsustainable urban development requirements. 6. Urban architecture and landscape: Urban construction and development comply with approved regulations on urban architecture management. An urban center has model urban quarters, civilized urban streets and public areas for its inhabitants' spiritual life; and has typical architectural complexes or works suitable to its environment and natural landscape. Article 7. Principles of assessment for the grading of urban centers 1.For special-grade, grade-lor grade-II urban centers beingcentrally run cities: Urban districts shallbeconsidered and assessed basedon criteria applicable to urban centers of these grades. For urban centers in a city adjacent to its inner area, theirdevelopment shallbemanaged andtheir grading shall be assessed based on criteria applicable to innerareas. Otherurban centers ina cityshallbe considered and assessed basedon criteria applicable to urban centergrades determined underthe general urban planning and theiractual development. 2. For provincial urbancenters of grades.I, Il, TIland TV: Wards shall he considered and assessed basedoncriteria applicable tourban centers ofthese grades. 3. For district urban centers of grades IV and V: Consolidated streetquarters shallbeconsidered and assessed based on criteria applicable to oman centers of thesegrades. 4. Suburbs andoutskirts shall beassessed based on criteria specified at Points b, C1.MJ.ses 5 ··01 Articles 9 thru 14 of this Decree. Article 8. Urban development programs People's Committees at all levels nU, based on urban center-grading criteria prescribed indB Decree, formulate urban development programs and mobilize resources for investment in urban construction and development as a bl:ssi.s for the grading of urban centers. An urban d\Welopment program must aim to improve the £lJJalily of people's life and make urban architecture and landscape civilized, modern andsustainablewhile preserving the cultural quintessence and traits of each urban center. Chapterll CRITERIAFOR GRADINGOF URBAN CENTbRS Article 9. Special-grade urban ceIUels 1.A special-grade urbancenterfuncOOl1$ as the capital or a domestic and international economic, financial, administrative, scientific-technical, education-training, tourist andhealthcare centerft traffic andexchange hubwiththeroleofpromoting national socio-economic development. 2.Population of a special-grade urban cemer is at least5 million. :[:) Vlt fNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 08·091May 2009 (Gong 88.0 nos 2S9·2601May 20, 20(9) 3. The inter area population density is at least 15,Wl people/krrr'. 4. The non-agricultural labor accounts for at least90% of total labor. 5. Urban infrastructure facilities a/ In the inner area: Urban infrastructure facilities are synchronously built and basically completed up to urban environmental sanitation standar~;.100% of newly built production establishments apply clean technologies or are furnished with environmental pollution minimizing. equipment; hlIn the suburbs: Major infrastructure networks and technical infrastructure facilities are builtin a lmcirany synchronous fashion; the development of pollnting projects is restricted; infrastructure facilities in rural population spots aresynchronously built; ]3lId areas favorable for agricultural developmeet, urbangreeneries andeco-Iandscapes are protected. 6. Urban architecture and landscape: Urban construction and development comply with regulations.. on urban architecture management. New urban quarters satisfy model urban-center standards. with over 60% of urban thoroughfares up to stan dards of civilized urban streets, andhave publicareas for people's spiritual fife and typical architectural complexes or works of national and internatiooal magnitude. Artide 10. Grade-l urbancenters 1. Functions of a grade-I urbancenter A centrally run urban center functions as a cmmestic and international economic, cultural, scientific-technical, administrative, education training, tourist and service center and international trafficandexchange hubwiththeroleofpromoting socio-economic development ofaninter-provincial territory or the whole country. A provincially run urbancenter functions as a domestic economic, cultural, scientific-technical, administrative, education-training, tourist and service center and traffic and exchange hub with the roleofpromoting socio-economic development of one or morethanone inter-provincial territory. 2. Population of a grade-I urbancenter a/ A centrally run urban center has a total population of at least 1 million; bl A provincially run urban center has a total population of at least500,000. 3. Average population density in the innerarea aJAt least 12,000 people/km', forcentrally run urban centers; bl At least 10,000 people/km'', forprovincially run urbancenters. 4. The non-agricultural labor in the inner area accounts for at least85%of total labor. 5. Urbaninfrastructure facilities aJIn the innerarea: Manyurban infrastructure facilities arc synchronously built and basically completed up to environmental sanitation standards; 100% of newly built production establishments apply clean technologies or are furnished with environmental pollution minimizing equipment; bf In the suburbs: Many urban infrastructure facilities are synchronously built and basically completed; the development of polluting projects is restricted; infrastructure facilities in rural residential spots aresynchronousIybuilt; landareas favorable for agricultural development, urban greeneries and eco-Iandscapes are protected. G. Urban architecture and landscape: Urban construction and development comply with regulations on urban architecture management. © VIETNAM LAW & LEGAL FORUM Issue nos 08-09/May 2009 (Cong Baanos 259-2601May 20,2009) OFFICIAL GAZETTE 51 New urban quarters satisfy model urban-center standards with over 50% of urban thoroughfares up to standards of civilized urbanstreets, andhave public areas for people's spiritual life and typical architectural complexes or works of national magnitude. Article 11. Grade-Il urban centers 1. Functions A grade-Il urban center functions as a provincial or inter-provincial economic, cultural, scientific technical, administrative, education-training, tourist and service center and traffic and exchange hub with the role of promoting socio-economic development of a province or an inter-provincial territory. A grade-Il urban centerbeing a centrally run city functions as a domestic and international economic, cultural, scientific-technical, administrative, education-training, tourist and service centerand traffic and exchange hub with theroleofpromoting socio-economic development of an inter-provincial territory or several domains of national importance. 2. Population of a grade-Il urban center is at least 300,000. Population of a centrally run grade-D urban center is over 800,000. 3. Population density intheinnerareaisat least 8,000 people/krrr', for a provincially run urban center, oratleast10,000 people/knr', fora centrally run urban center. 4. The non-agricultural labor in the innerarea accounts for at least80% of total labor. 5. Urban infrastructure facilities aJ In the inner area: Urban infrastructure facilities are synchronously built to be basically completed; 100% of newly built production establishments apply clean technologies or are furnished with environmental pollution minimizing equipment; bl In the suburbs: Some urban infrastructure facilities are basically synchronously built; infrastructure networks in rural residential spots are basically built; the development of polluting projects is restricted; land areas favorable for agricultural development, urban greeoenesaadeeo landscapes are protected. 6. Urban architecture and landscape: UttIan construction .and development complywitb regulations on urban architecture management. New urban quarters satisfy model urbsn-cersee standards with over 40% of urban rhorougbtares up to standards of civilized urban streets, and have public areasfor people's spiritual life and typical architectural complexes or works of national magnitude. Article 12. Grade-ill urban centers 1. Functions A grade-III urban center functions as a provincial or inter-provincial economic, cuhural, scientific-technical, administrative, education training, tourist and service centerand tI"lffic and exchange hub with the role of promoWlg mer economic development of a provincial region. a province or several domains of inter-provincial importance. 2. Population of a grade-ill urbancenter is at least 150,000. 3.Population density mtheinnerareaisat least 6,000 people/knr'. 4. The non-agricnlmral labor in the inner area accounts for at least75% of total labor. 5. Urban infrastructure facilities aJ In the inner area: Urban infrastructure :f) VIETNAM LAW & LEGAL fORUM 58 OFFICIAL GAZETTE Issue nos 08-09JMay 2009 (Cong Bao nos 259-26alMay 20, 2(09) facilities are synchronously built and basically completed one after another: 100% of newlybuilt production establishments apply clean technologies or are furnished with environmental pollution minimizing equipment; bIIn the suburbs: Urban infrastructure facilities are synchronously built one after another: the developIlYllt of polluting projects is restricted; infrastmeture networks in rural residential spots are basically built; land areas favorable for a@ricuku.rnl development, urban greeneries andeco landscapes are protected. 6. Urban architecture and landscape: Urban construction and development comply with regulaliolls on urban architecture management. New urban quarters satisfy model urban-eenter sta ndm'ds with over 40% of urban thoroughfares up to aandards of civilized urbanstreets, andhave public areas for people's spiritual life and typical architectural complexes or works of regional or national magnitude, Article 13. Grade-IV urban centers L Functions A grade-IV urban center functions as an economic, cultural, administrative, scientific teebnieai, education-training, tourist and service center and traffic and exchange hub in an intra provincial region or a province with the role of promotirrt socio-economic development of an intra-provincial region or several domains of provincial importance. 2. Population of a grade-N urban centeris at least 50,000. 3. Population density in the inner area is at least 4,000 people/km-, 4. The non-agricultural labor in the inner area accounts for at least70% of total labor. 5. Urbaninfrastructure facilities aJ In the inner area: Urban infrastructure facilities havebeen orarebeingsynchronously and completely built; newly built production establishments apply clean technologies or are furnished with environmental pollution minimizing equipment: b/ln thesuburbs: Urban infrastructure facilities arebeingsynchronously built; landareasfavorable tor agricultural development, urban greeneries and eco-landscapes are protected. 6. Urban architecture and landscape: Urban construction and development better and better comply with regulations on urban architecture management. Article 14. Grade-V urbancenters 1. Functions A grade-V urban centerfunctions as a general or specialized economic, administrative, cultural, education-training, tourist and service centerwith theroleofpromoting socio-economic development of a district or communal cluster. 2. Population of a grade-V urban center is at least4,000. 3.Average population density is at least2,000 people/km" 4. The non-agricultural labor in a consolidated street quarter accounts for at least 65% oftotal labor. 5. Urban infrastructure facilities have been or are being synchronously built one after another; newly builtproduction establishments applyclean technologies or are furnished with environmental pollution-minimizing equipment. 6. Urban architecture and landscape: Urban construction and development better and better comply with regulations on urban architecture © VIETNAM LAW & LEGAL FORUM Issue nos 08-09/May 2009 (Gong BaD nos 259-26QIMay 20, 2(09) OFFICIAL GAZETTE management Article 15. Region-based grading criteria applicable to a number of urban centers Fur urban centers in highland, deep-lying, remote, border and island areas, criteria of their population andpopulation density maybe lessened butnotlowerthan 50%of prescribed criteria, while othercriteria mustequalat least 70%ofprescribed criteria applicable to urban centers of same grades. Article 16. Grading criteria applicable to specific urbancenters For urban centers identified as specific, the criteria of population and population density may be lessened butnot lower than 60% of prescribed criteria, while other criteria must equal those prescribed for urban centers of same grades and suit specific characteristics of eachurban center. Chapter III FORMULATION ANDEVALUATION OF ORBAN [F.NTER~GRAnINGSCHEMES AND URBAN DEVELOPMENT PROGRAMS AND COMPETENCE TO DECIDEm RECOGNIZE URBAN CENTER GRADES Artide 17. Order offonnuIaling and evaluating urban center-grading schemes and deciding to recognize urban centergrades 1.Forspecial-grade urban centers, grade-I urban centers, centrally run grade-Il urban centers and "specific urban ccnrers: Provincial-level People's Committees shall formulate urban center-grading schemes and submit them to provincial-level People'sCouncils for approval before submission to the Prime Minister. TIlt: Minisny of Construction shall evaluate urban center-grading schemes andsubmit them to thePrime Minister forconsideration anddecision. 2. For provincially run urbancenters ofgrada; I and II: People's Committees of provincial cities shall collaborate with provincial-level Const:ruaioB Services in formulating urban center-gradfT& schemes and submitting them to provincial-level People's Committees for further submissionto provincial-level People's Councils far approval before submission to the PrimeMinistrr, The Ministry of Construction shall evaluat& urban center-grading schemes before sul>rl'lMtng them to the Prime Mini!'>ter for ('on~det!ltitrt and decision. 3. For urban centers of grades III and 1V~ People's Committees of provincial cities or 1DWns· shall collaborate withprovincial-level ConstN:tit:m Services in formulating urban center-grsding schemes and submitting them to proviecial-level People's Committees for further submission to provincial-level People's Councils tor approve! before submission to theMinistry of Const:n.icrion. TheMinistryofConstruction shall CIJllsiMAnd evaluate urban center-grading schemes and decide to recognize urban centers of grades ill andIV. Article 18. Formulation and evaiuatiort d schemes on,anddecision to recognize rewtUban centers I. Recognition of grades of newurban Cf!'\ters: Provincial-level People's Committees dlaU formulate schemes forrecognition ofgr~sd new urban centers when these urban centers havebeen buill basically up to grading criteria and submit these schemes toprovincial-level People's COID:ils for approval. The Ministry of Construction shall evaluate schemes for recognition of grades of new urban centers amiissuea written approval as a bastsfor the formulation of schemes on the formation of © VIETNAM LAW & LEGAL FORUM eo OFFICIAL GAZETTE Issue nos 08-09/May 2009 (Gong Bao nos 259·2601May 20, 2009) new urban centers before submitting them to the Prime Minister for consideration and decision on their grades. 2. Recognition of grade-V urban centers: District-level People's Committees shall evaluate urban center-grading schemes. Provincial-level Construction Services shall evaluate urban center-grading schemes for provincial-level People's Committees to submit them to provincial-level People's Councils for approval before consideration and decision. Artidc 19.Formulation and approval of urban development programs 1. Provincial-level People's Committees shall fQllXW1ate urbandevelopment programs andsubmit them to provincial-level People's Councils for approval before decision. 2. People's Committees ofprovincial cities and towns shall formulate urban development programs and submit them to provincial-level People's CollUflittees for consideration and decision after these prqg.rams are approved by provincial-level People's Councils. 3 District-level People's Committees shall formulate urban development programs and populationspotstobeupgraded intograde-Vurban centersu~ theirmanagement and submitthese programs to provincial-level People'sCommittees for consideration and decision after they are approved by provincial-level People's Councils. 4. Development and construction investment projects in urbancenters mustcomply with urban development programs decided by competent authorities. Article 20.Fundsforurban centergrading and urban development programs 1. Funds for urban center grading and urban development programs maybetaken fromthestate budget's economic non-business funds allocated to localities under annual plans. 2. Funds for urban center grading and urban development programs cover: ::J1 Survey, and collection of documents for the formulation of urban center-grading schemes and urban development programs; bl Formulation, evaluation and approval of urban center-grading schemes and urban development programs: cl Announcement of decisions recognizing urban centergrades. 3.People'sCommittees at all levels shallwork out funding plans for urban center grading and urban development programs within their administrative boundaries and submit these plans to provincial-level People's Committees for consideration and decision under current regulations.. 4.TheMinistry ufPlanningandInvestment and the Ministry of Finance shall balance annual budgets from local economic non-business funds for urban center grading and urban development programs under current regulations. ChapterlV ORGANIZATION OF IMPLEMENTATION Article 21. Transition handling 1. For urban centers for which decisions recognizing their center grades have been issued before theeffective dateofthisDecree, theircurrent grades may be retained without having to carry out re-recognition procedures. 2. Based on grading criteria specified in this © VIETNAM LAW & LEGAL FORUM Issue nos08..Q9/May 2009 (Cong BaD no:; 259-26OIMay 20, 2009) OFFICIAL GAZETTE 61 Decree, People's Committees at all levels shall review the urban development situation, assess problems, formulate urban development programs, and further invest in building urban centers to satisfy these criteria. Article 22. Responsibility ofstate management of urban center grading 1. The Ministry of Construction is responsible before the Government for, and exercises the unified state management of, the grading of urban centers nationwide. 2. People's Committees at all levels shall perform the state management of the grading of urban centers within their administrative boundaries. Actkle 23. Examination ofmoon CCUl.el gnwiug and urban development programs 1. The Ministry of Construction shall annually examine the grading of urbancenters nationwide. 2. The Ministry of Construction shall collaborate with the Ministry of Planning and InvestmentandtheMinistry ofFinance inannually examining the implementation of urban development programs nationwide. Article 24. Reporting on urban center grading and urban development programs Provincial-level People's Committees shall: L Report to the Ministry of Construction on . thegrading of urban centers in their localities ona yearly basis andat the endofeveryfive-year socio economic development plan. 2. Report to the Ministry of Construction, the Ministry of Planning and Investment and the Ministry ofFinance on the implementationofurban development programs in theirlocalities onayearly basis and at the end of every five-year socio economic development plan. Article 25. Effect ThisDecree replaces theGovernment's IJecrf.e No. 7212001/ND-CP of October 5, 2001, on the grading of urban centers and urban manage.men( levels. ThisDecree takes effect on July 2~ 2fXJ.1" Article 26. Implementation respo1"tQoilit1 1. The Ministry of ConstructionlhaJ] collaborate withconcerned ministries ambranches. in guiding, monitoring and examlnilt8 the implementation of this Decree. 2.Ministers, heads ofrninisterial-levei agencies, heads. of government-attached agencies and presidents ofprovincial-level People's Committees shall implement thisDecree. On behalfoftheGovernment Prime Minister NGUYEN TANDUNG © VIETNAM LAW & LEGAL FORUM