Circular No. 02/2017/TT-BXD on guiding rural construction planning

CIRCULAR

Guidelines for rural construction planning

_______________________

Pursuant to the Construction Law No. 50/2014/QH13;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 44/2015/NĐ-CP dated May 6, 2015 of the Government detailing certain contents regarding construction planning;

At the proposal of the Director of the Department of Planning and Architecture;

The Minister of Construction issues this Circular detailing certain contents regarding rural construction planning.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the implementation of the establishment, examination, approval, and management of rural construction planning; the dossier of tasks and plans for rural construction planning.

Article 2. This Circular applies to agencies, organizations, and individuals related to the work of establishing, examining, approving, and managing rural construction planning.

条款1. 遵守政府2015年5月6日第44/2015/NĐ-CP号通知关于详细规定建设规划若干内容的第16条（以下简称第44/2015/NĐ-CP号通知）。

条款2. 确保实施国家关于新农村建设标准，根据政府总理批准的决定。

第三条 关于农村建设规划的意见征集

条款1. 关于农村建设规划意见征集的责任、形式和时间，按照2014年《建筑法》第16条、第17条以及第44/2015/NĐ-CP号通知第23条、第24条的规定执行。

条款2. 征求农村建设规划意见的内容包括：

a) 关于村庄总体规划任务和方案的意见征集内容包括：基本的人口发展导向；主要基础设施工程、社会设施、农业生产、手工业和服务业。

b) 关于农村居民点详细规划任务和方案的意见征集内容包括：空间组织；公共设施、服务、住宅和基础设施工程的规模。

农村建设规划任务和方案的文件内容和格式

Article 4. 条款1. 农村建设规划任务和方案的说明和图纸必须遵守本通令第二章的规定和其他相关法律文件的规定。

条款2. 农村建设规划任务和方案的图纸符号系统必须遵守随本通令发布的附件3的规定。

村庄总体规划

Chapter II

SPECIFIC PROVISIONS

Section 1.

第五条 总体规划任务

条款1. 村庄总体规划任务的内容要求按照第44/2015/NĐ-CP号通知第17条第1款的规定执行。

村庄总体规划期限为10年，分期规划期限为5年。

第六条 总体规划任务文件的内容

条款1. 图纸包括：位置图、县区关系图、连县区域图、村庄总体规划范围边界地图，按适当比例绘制。

条款2. 说明：

a) 规划的理由、必要性、依据；确定规划的规模、范围和界限。

b) 确定规划目标；村庄的性质、功能和主导经济（纯农业、农林结合、手工业等）。

c) 对规划期限内村庄人口、劳动力、建设用地总量进行初步预测。

d) 在编制方案过程中需要满足的要求：

- 分析评估现状，包括自然条件现状、土地使用现状、住房、公共设施、服务、技术基础设施、生产和环境状况等。

- 确定周边地区对村庄发展空间的影响因素。

- 审查评估村庄范围内有效项目的规划。

- 确定村庄经济社会发展的潜力和动力。

- 整体空间布局，功能区划分；技术基础设施和服务生产基础设施的布局。

- 战略环境评价。

e) 图纸目录、文件数量和规划总预算。

g) 方案进度和组织实施计划。

条款3. 总体规划任务审批决定草案包括本通令第9条规定的各项内容。

条款4. 相关法律文件；存储全部说明和图纸内容的CD光盘。

4. Relevant legal documents; CD containing the entire content of the description and drawings.

Article 7. Master Plan for Rural Area Construction

The requirements for the content of the master plan for rural area construction shall be implemented in accordance with Article 18 of Decree No. 44/2015/NĐ-CP.

Article 8. Content of the Master Plan for Rural Area Construction

1. Drawing components:

a) Location diagram and regional relationships: Determine the location and boundary of the planning area (the entire administrative boundary of the commune); demonstrate economic and social relationships between the commune and related regions within the district; topographical conditions, geographical features, areas significantly affecting the architectural landscape of the commune; key infrastructure and other issues impacting commune development. Display according to appropriate scale.

b) Comprehensive current status map and land use evaluation: Land use, architectural landscape, social infrastructure system (education, healthcare, culture, commerce, green spaces, housing, etc.); current traffic, power supply and lighting, water supply, ground level and stormwater drainage, wastewater drainage; solid waste collection, cemetery, environment. Identify favorable, less favorable, and unfavorable areas for development. Display according to a scale of 1/5000 or 1/10,000.

c) Overall spatial development orientation diagram for the entire commune. Display according to a scale of 1/5000 or 1/10,000.

d) Land use planning map. Display according to a scale of 1/5000 or 1/10,000.

e) Infrastructure and environmental planning map; production service infrastructure. Display according to a scale of 1/5000 or 1/10,000.

2. Explanatory notes:

a) State the necessity for establishing the plan; provide all bases for planning; determine the viewpoint and objectives of the plan.

b) Analyze and evaluate the comprehensive current status:

- Natural conditions such as geographic characteristics, topography, geomorphology, climate, hydrology, soil, water resources, forests, sea. Impacts of natural disasters, climate change, environment, and ecosystems;

- Population (number of households, population structure, labor force structure, development characteristics), cultural characteristics, ethnic groups, and population distribution;

- Economic development in agricultural and non-agricultural sectors; assess strengths, potentials, and limitations in economic development;

- Current land use and changes in each type of land (pay attention to issues related to agricultural land use and exploitation; existing problems in land use);

- Current status of housing, public facilities, technical infrastructure, production service infrastructure, environment, historical sites, scenic spots, and tourist attractions;

- Implementation of related plans and projects already underway or being implemented in the commune.

c) Determine potential, driving forces, and forecast commune development:

- Forecast population size, labor force, number of households for the 10-year planning period and phased 5-year planning periods;

- Forecast types and driving forces of dominant economic development such as pure agriculture, agroforestry; animal husbandry; small-scale industry; services; production scale, main products, market capacity, and output solutions;

- Determine land potential for land use structure conversion (from agriculture to non-agriculture or urban land) serving residents, infrastructure, and production;

- Determine construction land scale for each type of communal public facility and service, village, and hamlet; scale and residential land standards for each household type such as agricultural production households; small-scale industrial production households; trading and service households throughout the commune;

d) Spatial planning orientation for the entire commune:

- Orientation for organizing the commune center system, new residential areas, and renovation of villages and hamlets. Determine population size, nature, and residential land needs for new residential areas and villages;

- Orientation for organizing public facility and service systems. Determine locations, scales, and architectural orientations for communal and village-level public facilities and services;

- Orientation for organizing the architectural space planning of new residential areas and old villages and hamlets. Determine planning standards and architectural orientations suitable for local characteristics;

- Orientation for organizing concentrated small-scale industrial zones, craft villages, and agricultural production and service areas;

- Orientation for organizing special functional zones on the commune territory.

e) Land use planning:

- Update land use planning for various types of land within the commune in line with the county-level land use planning;

- Determine land area for development needs at different stages of 5 years, 10 years, and key technical parameters for each type of land, specifically: agricultural land, construction land, and other types of land;

- Consolidate land use planning according to Appendix No. 01 issued along with this Circular.

f) Technical infrastructure planning:

- Orientation for constructing the technical infrastructure system, key technical infrastructure projects within the commune's scope. Determine production service infrastructure frameworks such as intra-field roads, irrigation canals;

- Determine locations, scales for technical infrastructure projects including: commune trunk roads, inter-village roads, village trunk roads, ground levels, power supply, water supply and drainage, waste treatment, and cemeteries.

g) Strategic Environmental Assessment.

The content of the strategic environmental assessment shall be carried out in accordance with the Environmental Protection Law, Government Decree No. 18/2015/NĐ-CP dated February 14, 2015, concerning environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans, and other relevant legal documents.

h) Propose priority investment programs and projects.

- Identify priority investment programs and projects within the commune and implementation plans for each phase;

- Preliminarily estimate capital needs and resource sources for implementation.

k) Conclusions and recommendations.

3. Calculation appendices accompanying the explanatory notes (additional explanations, arguments, and calculation data supporting the explanatory notes) and related legal documents. A CD storing the entire content of the explanatory notes and drawings.

4. Draft Decision approving the master plan including contents stipulated in Article 10 of this Circular; Draft Management Regulations for Construction in Accordance with the Planning including contents stipulated in Appendix No. 02 issued along with this Circular.

Article 9. Contents of approval for the general planning task of commune construction

1. Name of the project, location, boundary range, scale of planning.

2. Views, objectives, main driving force of economic development of the commune.

3. Preliminary forecast on population size, labor force; land scale; selection of technical infrastructure indicators to be applied.

4. Requirements for researching the project:

a) Analysis, evaluation of current status, determination of nature, function; factors affecting socio-economic development of the commune.

b) Organization of space for public service areas, housing and other functions.

c) Organization of network of technical infrastructure works serving production throughout the commune.

d) Other requirements according to characteristics of each locality.

5. List, quantity of files, total budget estimate for planning.

6. Progress schedule, organization of implementation of the project.

Article 10. Contents of approval for the general planning project of commune construction

1. Location, boundary range, scale of planning.

2. Planning objectives, nature, function of the commune.

3. Population size, labor force; major economic-technical indicators.

4. Functional zoning.

Commune system; village system, concentrated residential areas; production zones; areas with potential for development, restricted development; prohibited construction zones; special zones; key works and infrastructure connections.

5. Orientation for organizing commune space:

a) Location, scale, architectural orientation for communal public and service works at village level.

b) Standards, architectural forms for each type of land in new residential areas and renovated old villages.

c) Organization of production zones, (concentrated small-scale industries, craft villages and agricultural service areas...), services and other special zones.

6. Planning of technical infrastructure network, production infrastructure network, (transportation, drainage, water supply, electricity, wastewater treatment, environmental sanitation, cemetery networks throughout the commune, villages, production areas), key works within the commune's scope.

7. List of priority investment projects and sources of funding.

8. Construction management regulations according to the plan.

9. Progress schedule, organizational solutions for implementing the general commune construction plan.

Section 2.

RURAL SETTLEMENT URBAN DETAIL PLANNING

Article 11. Types of detailed urban planning for rural settlements

1. Detailed planning for renovation or new construction of Commune Center.

2. Detailed planning for renovation or new construction of villages or new residential areas and resettlement areas.

Article 12. Tasks of detailed urban planning for rural settlements

Requirements for the contents of the general planning task of commune construction shall be implemented in accordance with Article 17 of Decree No. 44/2015/NĐ-CP.

Article 13. Contents of the dossier for the detailed urban planning task of rural settlements

1. Drawings including: Position diagram, area relationship; map of research boundary range for planning at appropriate scale.

2. Explanatory notes:

2.1. Content of the explanatory report for the detailed planning task of renovating or newly constructing the Commune Center.

a) State reasons, necessity, basis for planning.

b) Boundary range, scale of planning; population scale (if applicable).

c) Requirements during the planning process:

- Evaluation of natural conditions, current status of the planning area;

- Spatial organization, building height, architectural solutions for public and service buildings, housing (if applicable), green spaces, restricted construction zones, prohibited construction zones, conservation zones;

- Planning solutions for technical infrastructure network, environment within the planning area;

- Economic-technical standards, land, technical infrastructure, social infrastructure for the Commune Center and village centers;

e) 图纸目录、文件数量和规划总预算。

d) List, quantity of files, progress schedule, total budget estimate for planning.

2.2. Content of the explanatory report for the detailed planning task of renovating or newly constructing villages or new residential areas and resettlement areas.

a) State reasons, necessity, basis for planning.

b) Boundary range, scale of planning; population scale.

c) Requirements during the planning process:

- Evaluation of natural conditions, current status of the planning area;

- Solutions for renovation, upgrading, refurbishment of existing architectural and cultural heritage works, guidance for renovation and new construction of houses with architectural characteristics suitable to each locality;

- Solutions for renovation and new construction of technical infrastructure networks serving residents' lives in villages;

- Economic-technical standards, residential land for different household types and technical infrastructure systems, environmental protection in villages;

e) 图纸目录、文件数量和规划总预算。

d) List, quantity of files, progress schedule, total budget estimate for planning.

3. Draft Decision approving the detailed urban planning task for rural settlements includes the contents stipulated in Article 16 of this Circular.

4. Relevant legal documents; CD containing the entire content of the description and drawings.

Article 14. Detailed Construction Planning Scheme for Rural Residential Areas

The requirements for the content of the detailed construction planning scheme for rural residential areas shall be implemented in accordance with Article 19 of Decree No. 44/2015/NĐ-CP.

Article 15. Content of the Planning Scheme Documentation for Detailed Construction Planning of Rural Residential Areas

1. The components of the drawings of the planning scheme shall be presented at a scale of 1/500 or 1/2000, including:

a) Location diagram and boundary of the area to be planned. Presented on a topographic map at a scale of 1/500 or 1/2000.

b) Comprehensive current status map: Evaluation of the current architectural landscape, technical infrastructure, and land construction status. Presented on a topographic map at a scale of 1/500.

c) Land use master plan map. Presented on a topographic map at a scale of 1/500.

d) Spatial organization, architectural, and landscape layout diagram. Presented on a topographic map at a scale of 1/500.

e) Red line, construction boundary, and protective zone for technical infrastructure lines map. Presented on a topographic map at a scale of 1/500.

f) Maps of technical infrastructure system planning. Presented on a topographic map at a scale of 1/500.

g) Integrated technical pipeline and wire map. Technical infrastructure system planning maps. Presented on a topographic map at a scale of 1/500.

2.3. Content of the explanatory report for the detailed planning scheme for reconstruction or new construction of village centers.

a) State reasons, necessity, basis for planning.

b) Scope, boundaries, scale of planning; population size, number of households (if applicable).

c) Analysis and evaluation of current land use status and changes according to each type of land, situation of construction of communal facilities at the commune level according to standards, regulations, and criteria for新农村住宅区详细建设规划的说明内容，包括：

d) Propose solutions for spatial organization of architecture, land use planning for the system of communal facilities, services, housing (if any), and the network of technical infrastructure in the village center.

e) Economic and technical indicators, land, technical infrastructure, social infrastructure.

f) Strategic environmental assessment.

g) Priority projects, resource mobilization solutions.

h) Conclusions and recommendations.

2.2. Content of the explanatory report for the detailed planning scheme for reconstruction or new construction of villages, hamlets, or new residential areas and resettlement areas:

a) State reasons, necessity, basis for planning.

b) Scope, boundaries, scale of planning; population size, number of households.

c) Analysis of current land use status, construction situation and characteristics of housing, forecast of population size, forecast of land use for construction for each residential point.

d) Propose solutions for spatial organization of architecture, land use planning, technical infrastructure system planning, social infrastructure planning, allocation of plots according to their functions, meeting the development requirements of each planning phase and environmental protection within the planning area.

e) Specific economic and technical indicators: scale, basic indicators for land and construction works.

f) Strategic environmental assessment.

g) Priority projects, resource mobilization solutions.

h) Conclusions and recommendations.

3. Calculation appendices accompanying the explanatory notes (additional explanations, arguments, and calculation data supporting the explanatory notes) and related legal documents. A CD storing the entire content of the explanatory notes and drawings.

4. Draft Decision approving the planning scheme includes the contents stipulated in Article 17 of this Circular; Draft Regulations on construction management according to the planning scheme include the contents stipulated in Appendix No. 02 attached to this Circular.

Article 16. Contents of Approval for the Task of Detailed Construction Planning for Rural Residential Areas

1. The name of the project, location, and scale of planning.

2. Objectives and nature of the area to be planned.

3. Preliminary forecast on population size, labor force; land scale; selection of technical infrastructure indicators to be applied.

4. Requirements for researching the project:

a) Survey and investigation work on current conditions and data collection.

b) Functions, areas, and usage standards for each plot of land being improved or newly constructed (density, land use coefficient, building height, construction boundary for each structure).

c) Architectural form and main color scheme for structures to be preserved, enhanced, or newly built.

d) Improvement or new construction of technical infrastructure systems and solutions for connecting technical infrastructure.

e) Other requirements according to the characteristics of each locality.

5. List of documents, quantity of files, budget, and implementation of the project.

6. Progress schedule, organization of implementation of the project.

Article 17. Contents of Approval for Detailed Construction Planning Projects for Rural Residential Areas

1. Location, boundary range, scale of planning.

2. Planning objectives and nature of the area to be planned.

3. Scale and demographic structure, labor force.

4. Economic and technical indicators: Function, area, and usage standards for each plot of land being improved or newly constructed (density, land use coefficient, building height, construction boundary for each structure).

5. Orientation for architectural forms of public and service buildings, housing, and other architectural objects.

6. Technical infrastructure projects.

7. Components of construction projects to be invested in.

8. Construction management regulations according to the plan.

9. Implementation organization solutions.

Section 3.  

MANAGEMENT OF RURAL CONSTRUCTION PLANNING

Article 18. Organization of Preparation, Review, and Approval of Tasks and Projects for Rural Construction Planning

1. The organization of preparation, review, and approval of tasks and projects for rural construction planning shall be carried out in accordance with the provisions of the Construction Law 2014 and Decree No. 44/2015/NĐ-CP and this Circular.

2. The competent authority shall approve tasks and projects for rural construction planning in writing with contents guided by this Circular, and simultaneously promulgate regulations on construction management according to the plan.

The entity submitting for review: The People's Committee of the commune submits the task and project for rural construction planning.

The entity reviewing: The construction management agency of the district leads and coordinates with relevant units of the district to review the task and project for rural construction planning.

The approving entity: The People's Committee of the district approves the task and project for rural construction planning.

3. Consulting organizations preparing projects for rural construction planning are responsible for research contents and economic-technical calculations reflected in the explanatory documents and drawings of the approved rural construction planning project.

Article 19. Adjustment of Rural Construction Planning

1. The procedure for adjusting rural construction planning shall be implemented according to Article 38 of the Construction Law No. 50/2014/QH13.

2. Cases of implementing adjustments to rural construction planning projects.

a) For communes that have approved rural construction planning but have not met the criteria for新农村建设规划已经获批但尚未达到国家关于村级和县级新农村建设标准的乡。

b) During the implementation of rural construction planning, changes occur in policies, guidelines, and higher-level plans that have been approved, affecting the forecasts of the rural construction planning.

c) Geographic and natural changes such as administrative boundary changes, landslides, floods, earthquakes, and other factors affecting local socio-economic development forecasts.

3. The competent authority for approving rural construction planning decides on the adjustment of the plan in accordance with the law.

4. When adjusting rural construction planning, clearly define the requirements to propose adjustment contents such as land use, spatial organization solutions for each area, improvement solutions for technical infrastructure and public service facilities suitable to the capacity, resources, and development needs, and economic and technical indicators.

Article 20. Contents of Publicizing Rural Construction Planning

The People's Committee of the commune shall be responsible for publicizing and making transparent rural construction planning with the following contents:

1. For the general planning project of the commune:

a) Decision approving the general planning project of the commune; Regulations on construction management according to the planning.

b) Diagram of overall spatial planning of the commune.

c) Land use planning map.

d) Map of technical infrastructure system and production service infrastructure planning.

2. For the detailed planning project of rural residential areas:

a) Decision approving the detailed planning project of rural residential areas; Regulations on construction management according to the planning.

b) Diagram of spatial organization, architecture, and landscape.

c) Comprehensive land use planning map.

d) Technical infrastructure system planning map.

3. During the implementation of rural construction planning, investment projects that have been and are being implemented need to be updated and published promptly and fully so that organizations and individuals can know and monitor their implementation.

Article 21. Provisions on Management and Provision of Information on Rural Construction Planning

1. The People's Committee of the commune shall be responsible for managing the planning within its administrative jurisdiction.

2. The competent authority approving the rural construction planning project shall issue regulations on rural construction planning management.

3. The content of the construction management regulations according to the planning (as per Appendix No. 02 issued together with this Circular).

4. The provision of information about construction planning shall be carried out in accordance with Article 43 of the Construction Law 2014.

Article 22. Organization of Setting Boundary Markers for Construction

Implement in accordance with Circular No. 10/2016/TT-BXD dated March 15, 2016, of the Minister of Construction on setting boundary markers and managing boundary markers according to construction planning.

Chapter III

IMPLEMENTATION

Article 23. Responsibilities for Implementation

1. At all levels of People's Committees within their scope of authority and responsibilities, perform state management functions over construction planning as stipulated in Article 28 of Decree No. 44/2015/NĐ-CP.

2. Departments of Construction of provinces and centrally governed cities; Departments of Planning and Architecture (for Hanoi and Ho Chi Minh City) shall be responsible for regularly checking the situation of establishing and implementing rural construction planning that has been approved; report to the Ministry of Construction every six months and annually.

3. The Department of Planning and Architecture shall be responsible for assisting the Minister of Construction in guiding, monitoring, and inspecting the implementation of this Circular.

Article 24. Transitional Provisions

For rural construction planning projects where the planning tasks were approved before the effective date of this Circular, the establishment, review, and approval shall be carried out in accordance with Joint Circular No. 13/2011/TTLT-BXD-BNNPTNT-BTN&MT dated October 28, 2011, of the Ministry of Construction, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment.

Article 25. Effective Date

1. This Circular takes effect from April 15, 2017, and replaces Circular No. 09/2010/TT-BXD dated August 4, 2010, of the Ministry of Construction on the establishment of planning tasks, planning projects, and management of construction planning for new rural communes; Joint Circular No. 13/2011/TTLT-BXD-BNNPTNT-BTNMT dated October 28, 2011, of the Ministry of Construction, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment on the establishment, review, and approval of construction planning for new rural communes.

2. In the course of implementation, if there are difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for study and resolution./.