Circular No. 02/2012/TT-BNV guiding the implementation of certain provisions of Decree No. 62/2011/NĐ-CP dated July 26, 2011 of the Government on the establishment of provincial cities, districts, towns, wards, and communes.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 62/2011/NĐ-CP dated July 26, 2011 of the Government on establishing provincial cities, towns, districts, wards, and townships

concerning the establishment of a cityunder a province, district city, district, ward, town

______________________ 

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on urban classification;

Pursuant to Decree No. 62/2011/NĐ-CP dated July 26, 2011 of the Government on establishing provincial cities, towns, districts, wards, and townships;

The Minister of Home Affairs issues this Circular guiding the implementation of certain provisions of Decree No. 62/2011/NĐ-CP dated July 26, 2011 of the Government on establishing provincial cities, towns, districts, wards, and townships,

Article 1. Scope of Regulation

This Circular guides on urban functional standards, population size, population density, non-agricultural labor force ratio, industrial-construction and trade-service-tourism proportion in economic structure, urban infrastructure system, synchronous construction time at Articles 4, 5, 6, 7, 8; establishment of provincial cities, towns, districts, wards, and townships for special cases at Article 9; proposal for establishing provincial cities, towns, districts, wards, and townships and related legal documents at Article 10; review of establishment dossier of provincial cities, towns, districts, wards, and townships at Article 12 of Decree No. 62/2011/NĐ-CP dated July 26, 2011 of the Government on establishing provincial cities, towns, districts, wards, and townships (hereinafter referred to as Decree No. 62/2011/NĐ-CP).

Article 2. Urban functional standards, population size, population density, non-agricultural labor force ratio, industrial-construction and trade-service-tourism proportion in economic structure, urban infrastructure system, synchronous construction time

1. Urban functional standards

Urban functional standards for establishing provincial cities, towns, and townships are determined according to the guidance at Clause 1, Article 2 of Circular No. 34/2009/TT-BXD dated September 30, 2009 of the Ministry of Construction detailing certain contents of Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on urban classification (hereinafter referred to as Circular No. 34/2009/TT-BXD). Evaluation indicators according to urban functional standards must meet the minimum levels specified for corresponding types of cities recognized by the competent authority in Appendix 1 issued together with Circular No. 34/2009/TT-BXD.

2. Population size, population density, non-agricultural labor force ratio standards

Population size, population density, non-agricultural labor force ratio standards for establishing provincial cities, towns, districts, wards, and townships must meet the requirements set out in Decree No. 62/2011/NĐ-CP. Determination of these standards follows the guidance at Clauses 2, 3, 4, Article 2 of Circular No. 34/2009/TT-BXD.

Industrial-construction and trade-service-tourism proportion in economic structure standards

Industrial-construction and trade-service-tourism proportion in economic structure standards are determined based on statistical data published by the competent authority of the year immediately preceding the year when the dossier for establishing provincial cities, towns, and districts is submitted to the Government.

Urban infrastructure system standards

Urban infrastructure system standards are determined according to the guidance at Clause 5, Article 2 of Circular No. 34/2009/TT-BXD. Evaluation indicators according to urban infrastructure system standards are as follows:

a) For establishing provincial cities, towns, and townships

Evaluation indicators according to urban infrastructure system standards must meet the minimum levels specified for corresponding types of cities recognized by the competent authority in Appendix 5 issued together with Circular No. 34/2009/TT-BXD;

b) For establishing districts

Evaluation indicators according to urban infrastructure system standards are determined according to the detailed planning approved by the competent authority for the area proposed to be established as a district. These indicators must meet the minimum levels specified for corresponding types of cities in Appendix 5 issued together with Circular No. 34/2009/TT-BXD. The area proposed to be established as a district is considered according to the type of city of the centrally-administered municipality that the district belongs to after its establishment;

c) For establishing wards

Evaluation indicators according to urban infrastructure system standards are determined according to the detailed planning approved by the competent authority for the area proposed to be established as a ward. These indicators must meet the minimum levels specified for corresponding types of cities in Appendix 5 issued together with Circular No. 34/2009/TT-BXD. The ward area proposed to be established within a district is considered according to the type of city of the centrally-administered municipality that the district belongs to; wards within provincial cities, wards within towns are considered according to the type of city of the provincial city or town that they belong to after their establishment;

5. Synchronous construction time standards

Article 3. Establishment of provincial cities, towns, districts, wards, and towns in special cases

1. The provincial People's Committee bases on the provisions of Clause 2, Article 9 of Decree No. 62/2011/NĐ-CP and the actual situation of the locality to propose special cases to the Ministry of Home Affairs for opinions from relevant ministries and agencies to report.

2. After receiving the Prime Minister's opinion, the Ministry of Home Affairs will issue a notification letter to the provincial People's Committee; if the Prime Minister approves, the provincial People's Committee will proceed with establishing the dossier for the establishment of provincial cities, towns, districts, wards, and towns.

Article 4. Proposal for the establishment of provincial cities, towns, districts, wards, and towns

1. Content of the proposal

a) Part 1: Legal basis for drafting the proposal, reasons and necessity for establishing provincial cities, towns, districts, wards, and towns;

b) Part 2: Geographic location, natural conditions, historical formation, and current development status of the area proposed for establishing provincial cities, towns, districts, wards, and towns;

c) Part 3: Analysis and evaluation of the criteria of the area proposed for establishing provincial cities, towns, districts, wards, and towns;

d) Part 4: Contents of establishment and directions for building and developing provincial cities, towns, districts, wards, and towns after establishment;

In this part, it is necessary to clearly present the contents regarding the plan for establishing provincial cities, towns, districts, wards, and towns; objectives, orientations, and solutions for urban construction and development; organizational structure and staffing plans, capital investment needs and capabilities after the establishment of provincial cities, towns, districts, wards, and towns;

đ) Part 5: Conclusions and recommendations.

2. Appendices

a) Tables and data sheets serving as the basis for determining the criteria for establishing provincial cities, towns, districts, wards, and towns;

b) Summary table evaluating the criteria for establishing provincial cities, towns, districts, wards, and towns;

c) Small-scale drawings (A3): Including regional location diagrams; administrative unit status maps; proposed administrative unit establishment maps; land use status maps; spatial development orientation diagrams.

3. Documentary film (from 20 to 25 minutes) about the location, socio-economic development status, and urban infrastructure of the area proposed for establishing provincial cities, towns, districts, wards, and towns.

4. Data used to determine the criteria in the proposal for establishing provincial cities, towns, districts, wards, and towns must be updated to December 31 of the year immediately preceding the year when the dossier for establishing provincial cities, towns, districts, wards, and towns is submitted to the Government.

Article 5. Relevant legal documents related to the review of proposals for the establishment of provincial cities, towns, districts, wards, and towns

Relevant legal documents related to the review of proposals for the establishment of provincial cities, towns, districts, wards, and towns include:

1. The Department of Home Affairs' assessment report on the proposal for the establishment of provincial cities, towns, districts, wards, and towns submitted to the provincial People's Committee.

2. Decision recognizing the type of city by the competent authority (for the establishment of provincial cities, towns, and towns).

3. Master plans approved by the competent authority.

4. Basis for determining areas in mountainous regions, highlands, remote areas, border areas, islands; documents recognizing national or international cultural, historical, natural, and tourism heritage as stipulated in Clause 1, Article 9 of Decree No. 62/2011/NĐ-CP and other related documents concerning the establishment of provincial cities, towns, districts, wards, and towns (if any).

Article 6. Examination of the Documents for Establishing a Provincial City, District City, Ward, or Town

1. Receiving and Reviewing the Documents

Within fifteen working days from the date of receipt of the Documents for Establishing a Provincial City, District City, Ward, or Town submitted by the People's Committee of the province, the Ministry of Home Affairs shall provide comments in writing on the procedures and formalities for preparing the Documents and the contents of the Proposal for Establishing a Provincial City, District City, Ward, or Town.

Based on the comments of the Ministry of Home Affairs, the People's Committee of the province shall complete the Documents for Establishing a Provincial City, District City, Ward, or Town and submit them to the Ministry of Home Affairs for examination.

2. Surveying Current Development Status

Within twenty working days from the date of receipt of the completed Documents for Establishing a Provincial City, District City, Ward, or Town in accordance with Clause 1 of this Article, the Ministry of Home Affairs shall organize a survey of the current development status of the area proposed for establishing a Provincial City, District City, Ward, or Town.

3. Organizing the Examination Conference

Within twenty working days from the date of the survey of the current development status, the Ministry of Home Affairs shall organize an Examination Conference for the Documents for Establishing a Provincial City, District City, Ward, or Town.

4. Submitting to the Government for Consideration and Decision

After examination, if the proposed Provincial City, District City, Ward, or Town meets all conditions and standards and has completed all procedures and formalities stipulated in Decree No. 62/2011/NĐ-CP and the provisions of this Circular, within fifteen working days from the date of organizing the Examination Conference for the Documents for Establishing a Provincial City, District City, Ward, or Town, the Ministry of Home Affairs shall submit it to the Government for consideration and decision.

Article 7. Implementation Organization

1. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of the People's Committees of provinces and centrally-administered cities have the responsibility to implement this Circular.

2. The Departments of Home Affairs of provinces and centrally-administered cities have the responsibility to assist the People's Committees of the provinces in implementing this Circular, and regularly report on urban management work and the establishment of Provincial Cities, District Cities, Wards, or Towns (if any) within their jurisdiction to the Ministry of Home Affairs for consolidation and reporting to the Government annually in December.

Article 8. Effective Date

1. This Circular takes effect from August 1, 2012.

2. During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Home Affairs for study and resolution./.