Decree No. 62/2011/ND-CP on the establishment of provincial cities, towns, urban districts, wards and townships

Article 1. Scope of regulation This Decree provides for conditions and criteria for and process of compilation and or appraisal dossiers ofestablishment o!£r0yinciaJ cities, towns, urban districts, wards and'tewnships.

Article 2. Interpretation of terms ' In this Decree, synchronous construction duration is construed as a period of time necessary for investment in construction or embellishment of an urban center, coUlltiJ!g from the time it is recognized to reach a relevant grade till the time of compiling a dossier ofestablish- ment of a provincial city, lawn or tOWNship.

Article 3. Conditions for estubWohment of provincial cities, towns, urban dislricts, wards or townships A provincial city, town, urban dissrict, ward Decree No. 62/2011IND-CP of July 26, or township may be established on the'following 2011, on the establishment uf provindal conditions: cities, towns,urban district'), wards and 1. Meeting requirements for le~-based townships state administrative management. t , 2. Being in line with the nariesel socio- THE GOVERNMENT economic development master pl~nt and the master plan Ondevelopment of a natioiial system Pursuant to the December 25, 2011 Law on of urban centers; having a master plait; a zoning Organization of the Government; plan and a detailed master plan ap~ed by a Pursuant to the November 26, 2003 Law on competent authority. Organization ofPeople's Councils and People's 3, Meeting relevant urban center criteria Committees; specified in this Decree. Pursuant to the June 17, 2009 Law on ChaplerIl Urban Planning; CRITERIA FOR ESTABLISHMENT OF At the proposal of the Minister of Home PROVINCIAL CITIES, TOWNS, URBAN Affain, DISTRICTS, WARDS AND TOWNSHIPS , e VIEiNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos01.Q2IAugust 2011 (GOng sao nos 447-44H1Augusf W, iUT1)

Article 4. Provincial cities cities A provincial city may be established when it A town of a province or centrally run city may fully meets the following criteria: be established when it fully meets the following 1. Urban functions: Being a provincial capital criteria: acting as a provincial-level general center and 1. Urban functions: Being a general or traffic and exchange hub or being a provincial- specialized center and a trarflc or exchange hub level urban center acting as an inter-provincial with the role of promoting socio-economic specializZicenter and traffic and exchange hub, development of an intra-provincial territory Or a with th("l'ble of promoting socio-economic province or centrally run city. develop~nt of an intra-provincial territory, a 2. Having been recognized as a grade-IV provinc~ some sectors in an inter-provincial urban center by a competent authority. territory.('J 3. Having a population of at least 50,000. 2. Ha;;g been recognized as an urban center 4. Having a populution density of at least of gradem or higher by a competent authority. 4,mX} people/krn' in the inner area. 3. H~g a population of at least ISO,DOO. 5. Having a non-agricultural labor force in 4. HJ'Vj,l1g a population density of at least the inner area accounting for at least 75% of the 6.000 p~elkm2 in the inner area. total workforce. ...... 5. H~g a non-agricultural lahar fOfU' in 6. Having the industry-construction and trade- the inn--..area accounting for at least 8(Y',{, the services-tourism sectors accounting for at least total wo~rce. - ..... the industry-construction and trade- 6. HaWag 759;. of the economic structure. 7. Having all urban infrastructure system servicesjsaurism sectors accounting for at least reaching the criteria specified in Clause 5, Article 80% ortEeconomic structure. 13 of Decree No. 42f2009fND-CP. 7. Halling an urban infrastructure system 8. Having its master plan approved by a reaching"me criteria specified in Clause 5, Article competent authority. 12 of the-"Govemment's Decree No. 42/20091 ND-CP-ot:May 7, 2009, on the grading of urban 9. Having a synchronous construction centers(!5efow referred to as Decree NO.42J2(YJ91 duration of at least one year. --~ ND-CP)~

Article 6. Urban districts of centrally run 8. &\I1ng its master plan approved by a cities eompetalt1iuthortty and having detailed master L An urban district of a centrally run city may plans for at least 70% of its dependent be established when it fully meets the following administrative units. criteria: 9. Having at least two-thirds of its dependent aJ Having a population density of at least commune-level administrative units being wards. 10.000 pcople/km'': 10. Having a synchronous construction bl Having a non-agricultural labor force duration of at least one year. accounting for at least 90% of the total work force; ArticleS. Towns of provinces or centrally run cI Ha ving the industry-construction and trade- - _ @ VIETNAM LAW IIILEGAL fORUM Issue nos01·02lAugust 2011 OFFICIAL GAZETTE 43 (Cong Bao nos 447-44B1August 10, L'011) services-tourism sectors accounting for al le;],>1 when it fully rnf'pts the following criteria" 90% of the economic structure. I. Urban functions: Being a general or d/ Having a synchronous and complete urban specialized center with the role of promoting infrastructure system; socio-economic development of a district or an el Having its zoning plan approved by a intra-district territory. competent authority. 2. Ha ving been recognized as a grade-V urban 2. An urban district to be established for center by a competent authority. expansion of the inner area of a centrally run city 3. Having a population of at least~1,900. must tully meet the criterion specified at Point e 4. Having a population densityA,t at least and at least 70% of the criteria specified at Points 2,000 people/krn'. a, b, c and d, Clause 1 of this Article. 5. Having a non-agricultural ~r force accounting for at least 65% of the total workforce.

Article 7. Wards of urban districts, towns and provincial cities 6. Having an urban infrastructure system reaching the criteria specified in Clau~'.5, Article I. A ward of an urban district, town or 14 of Decree 42/2009/ND-CP. provincial city may be established when it fully meets the following criteria: 7. Having its master plan app~ed by a competent authority. a/ Having a population density of at least 8. Having a synchronous cdAliltruction 10,000 people/km-, for wards of urban districts, duration of at least one year. 6,000 peopie/km', for wards of provincial cities, or 4.000 pcople/krrr', for wards of townships; Article 9. Criteria for establiSllinent of bl Having a non-agricultural labor force provincial cities, towns, urban district'; wars and accounti ng for at least 85%, for wards of urban townships in special circumstances districts, 759iJ, for wards of provincial Cities, or I. In case of establishing a pro,"",cial city, 7(Yf<), for wards of townships; town, urban district, ward or townshil'~ a moun- cl Having a synchronous urban infrastructure tainous, deep-lying, remote, border O!i6land area system, for wards of urban districts. or a partially or an area with special values in terms-sfcultural, or incrementally synchronous one, for wards of historical or natural heritages or touiWu, which tOWII~ ur provincial citie»; has been nationally or internationally ~ognized, dJ Having its detai led master plan approved the criteria of population size and population by a competent authority. density may be lessened but not lower than 50% 2. A ward to be established for expansion of of the prescribed levels specified in ~icle 4,5, the inner area of a city ortown must fully meet 6, 7 or 8 of this Decree, while the remaining the cnterion specified at Point d and at least criteria must be fully met. 70°1c) of the criteria specified at Points a, band 2. In special case to meet requirements for c, Clause I of this Artie Ie. territorial management, national sovereignty protection or socio-economic development

Article 8. Townships of districts investment in a key area of national importance, A township of a district may be established the establishment of a provincial city, town, urban e VIETNAM LAW & LEGAL FORU OFFICIAL GAZE1 TE Issue nos01..{121August 2011 (Gong Baa (laS 44'·448/AugusI1O, 2011) district, ward or township may be decided by L The provincial-level People's Committee competent state management agencies before directs the concerned district-level People's construction investment is made for such area to Committee to elaborate a scheme on the reach basic criteria for grading urban centers, establishment of a provincial city, town, urban district ward or township. Chapter III 2. The district-level People's Committee ORDER OF COMPILATION AND elaborates a scheme on the establishment of a APPRAISAL OF DOSSIERS OF provincial city, town, urban district, ward or EST~lSHMENT OF PROVINCIAL tow 1I::.11ip, directs the concerned commune-level CITIES,}'pWNS, URBAN DISTRICTS AND People's Committees to gather opinions of voters . TOWNSHIPS or household representatives and submit the scheme to the commune-level People's Council ArtiCftot' 10. Dossiers of establ ishment of for approval. provinci~jties, towns, urban districts, wards The district-level People's Committee and towri3fips proposes the district-level People's Council to Ados~r of establishment of a provincial city, approve the scheme before submitting it to the town, ur~n district, ward or township compnses provincial-level People's Committee. the follo~g documents: 3. The provincial-level Home Affairs 1. A seport made by the provincial-level Department appraises the scheme submitted by People,'.....committee to the Government the district-level People's Committee for proposiniJhe establishment of a provincial city, reponing to the provincial-level People's town, urIiD district, ward or township. Committee, 2.A s~me on the establishment of a provin- 4. The provincial-level People's Committee cial city, town, urban district, ward or township. submits the scheme to the provincial-level 3. Re~ tions of the provincial-level People's People's Council for approval before submitting Council and concerned district- and commune- it to the Government for consideration and level PeoPle's Councils approving the scheme decision. on the establishment of a provincial city, town, urban distt\ct, ward or township. Article 12. Appraisal of dossiers of establishment of provincial cities, towns, urban 4. A summary of opinions of voters or districts, wards and townships househ<tkt representatixes involved in the establi~ntofthe provincial city, town, urban The Ministry of I lome Affairs shall appraise district, ward or township. dossiers of establishment of provincial cities, towns, urban districts, wards and townships for 5. Legal documents related to tile approval submission to the Government for consideration of the scheme on the establishment of a provincial and decision. city, town, urban district, ward or township. Chapter IV

Article 11. Process ofcompilation ofdossiers ORGANIZATION OF IMPLEMENTATION of establishment of provincial cities, towns, urban districts, wards and townships Article 13. Effect e VIETNAM LAW & LeGAL FC)l:U Issue nos 01-02IAugust 2011 OFFiCiAL GAZETTE 45 (Gong Baa nos 447-448/August 10, 2011) This Decree takes effect on September 25, 2011. Article ]4. Organization of implementation 1. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with concerned ministries and sectors in, guiding the implementation of this Decree. 2. Provincial-level People's Committees shall send annual reports on urban management in theirrespective localities to the Ministry of Home Affairs for summarization and reporting to the Government. 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and concerned organiza-tions and individuals shall implement this Decree.- On behalfa/the Government Prime Minister NGUYEN TAN DUNG e VIETNAM LAW & LEGAL FORU