Circular No. 03-BXD/KTQH on guiding the preparation and examination of construction planning for towns and market towns

CIRCULAR

Guidelines for the preparation and review of construction planning for market towns and small towns

Based on the Ordinance on specific tasks and powers of People's Councils and People's Committees at each level adopted by the Standing Committee of the National Assembly in its Ninth Session on June 25, 1996;

Based on Decree No. 15/CP dated March 4, 1994 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 91/CP dated August 17, 1994 of the Government promulgating the regulations on urban planning management;

Based on Decision No. 322/BXD-ĐT dated December 28, 1993 of the Minister of Construction on the preparation of urban construction master plans and Circular No. 25/BXD-KTQH dated August 22, 1995 of the Ministry of Construction guiding the review of urban construction master plans.

To implement the Resolution of the Eighth National Congress of the Communist Party of Vietnam, the Ministry of Construction provides guidelines for the preparation and review of construction planning for market towns and small towns as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

1. Objective

The purpose of the work of preparing and reviewing construction planning for market towns and small towns aims to establish a legal and scientific basis for urban management and development; to achieve the goals of industrialization and modernization of the country; gradually form a reasonable network of cities, avoiding the creation of mega-cities; according to local conditions, all market towns must be developed based on promoting industry and services with regional significance, while forming small towns as economic and cultural centers for each commune or cluster of communes so that market towns and small towns can play their role as a "support point" for rural development, promote urbanization, and balance the growth and development of large cities.

2. Scope of Application

This Circular guides the content, procedures, and methods for preparing and reviewing (examining and approving) construction planning for market towns and small towns throughout the country, except for market towns that are satellite cities of cities with separate regulations.

3. Classification of Market Towns and Small Towns

3.1. According to location and function, market towns and small towns are classified into three types as follows:

a. District capitals are urban centers of districts, having the function of administrative, service, cultural, industrial, small-scale industrial, and technology transfer centers for a district;

b. Market towns and small towns are service, economic, and cultural centers for a commune, a cluster of communes, or a sub-region;

c. Market towns are satellite cities formed within the influence area, directly linked to the development of central cities at the national, inter-provincial regional, or provincial economic-administrative region levels.

3.2. Main criteria for classifying market towns and small towns:

a. Based on Decision No. 132/HĐBT dated May 5, 1990 of the Chairman of the Council of Ministers (now Prime Minister), market towns classified as urban type V must have a population size from 4,000 to 30,000 people, with a minimum population of 2,000 people in mountainous areas; the ratio of non-agricultural labor must reach at least 60%; initial construction of major public infrastructure facilities suitable for the level has been completed; average population density is 6,000 people/km², about 3,000 people/km² in mountainous areas;

b. For small towns, currently the State has not set classification standards, so during the planning process, the following standards may be temporarily used: Minimum population size is 2,000 people; in mountainous areas, it is 1,000 people; the minimum ratio of non-agricultural labor must reach 40%; initial construction of some major technical infrastructure facilities such as transportation, water supply and drainage, electricity, etc., and essential daily service facilities such as markets; commercial service shops, healthcare; primary and secondary schools; agricultural extension bases; technology transfer; small-scale industrial production bases; sports and leisure services; cultural information facilities, etc.; average population density is 3,000 people/km², about 1,000 people/km² in mountainous areas;

c. For market towns and small towns with special functions, or as satellite cities, classification criteria are determined according to specific regulations.

4. Requirements for Preparing, Reviewing, and Adjusting Construction Planning for Market Towns and Small Towns

4.1. In order to quickly complete the preparation and review of construction planning for market towns and small towns across the country, depending on the actual conditions of each locality, all professional forces from planning institutes, construction consulting companies, teachers and students from architecture and construction universities and vocational high schools can be mobilized to participate in the preparation of construction planning for market towns and small towns;

4.2. Construction planning for market towns and small towns must be consistent with the overall socio-economic development planning of the district, province, city, and the county-level urban construction zoning plan (if any) approved, while complying with relevant laws, state technical standards, and economic-social and natural conditions of each locality;

4.3. Construction planning projects for market towns and small towns must be reviewed by competent state authorities and after approval, they must be publicly announced to inform the public and implemented.

Approved construction planning projects for market towns and small towns serve as a legal basis for urban management; land use management; implementation of investment construction projects; annual, short-term, and long-term investment construction plans of sectors and localities.

4.4. The adjustment of construction planning for market towns and small towns shall be carried out in accordance with Article 7 of the Urban Planning Management Regulations issued together with Decree No. 91/CP dated August 17, 1994 of the Government.

II. CONTENT, PROCEDURES AND METHODS FOR PREPARING
CONSTRUCTION PLANNING FOR MARKET TOWNS AND SMALL TOWNS

1. Scope, Boundaries, and Timeframe for Planning Preparation

1.1. The scope and boundaries for preparing construction planning for market towns are defined by the administrative boundaries of the market towns, and adjacent lands outside the administrative boundaries but within the expansion direction of the market town are also included in the scope and boundaries for planning preparation;

For small towns, the scope and boundaries for preparing construction planning are determined based on the actual conditions of each place, decided by the authority responsible for reviewing the planning.

1.2. The planning for the development of towns and market towns shall be established for a long-term development period of 10 to 15 years and a construction phase of 5 years;

2. Contents of the planning for the development of towns and market towns

The contents of the planning for the development of towns and market towns include:

2.1. Comprehensive analysis and evaluation of natural conditions, current status, and development resources of towns and market towns;

2.2. Justification for establishing design bases for planning, forming viewpoints and development goals;

2.3 Research and design of planning, including four main contents as follows:

a. Orientation for the development of towns and market towns over a period of 10 to 15 years;

b. Land use planning, urban architecture, infrastructure, and environmental protection, aiming to concretize the development orientation;

c. Investment construction plan for the first five years;

d. Determination of building setback lines; selection and introduction of architectural models of houses, public works, and appropriate technological and technical solutions for the construction conditions of towns and market towns in each locality;

2.4. Provisions on the management of construction in towns and market towns according to the planning;

3. Procedure and methods for establishing the planning for the development of towns and market towns;

The planning for the development of towns and market towns is established through the following four steps:

3.1. Step 1: Collecting the bases for planning, including:

a. Original maps, including cadastral maps and topographic maps at a scale of 1/2000. In places where there are no topographic maps, cadastral maps can be used in combination with field surveys and site inspections to sketch the planning (except in areas with extremely complex terrain), but when implementing investment construction projects, accurate topographic survey maps must be prepared;

b. Directives from the Party and State and related planning and investment projects that have been approved by competent state authorities;

c. Current economic status, population, land use, architectural and construction of public facilities, housing, infrastructure, environmental sanitation, etc.;

d. Natural conditions such as location, topography, climate, geology, landscape, major natural resources, etc.;

3.2. Step 2: Justification for establishing the bases for planning the development of towns and market towns (design tasks), including:

a. Analysis and evaluation of the bases for planning, drawing conclusions on issues that need to be resolved;

b. Classification of land funds for construction, determining the direction of selecting land for spatial development;

c. Justification for determining the nature, population size, land use needs, standards, and key economic-technical indicators for developing infrastructure (transportation, water supply, electricity, drainage; land preparation techniques, housing, public works);

d. Formulating viewpoints, development goals, and basic principles for the structure of town and market town construction;

3.3. Step 3: Studying planning solutions for the development of towns and market towns:

Study planning, architectural, and infrastructure solutions to concretize basic principles, form the planning structure of towns and market towns and the planning contents specified in Clause 2 - Section II of this Circular, based on which, prepare planning files to submit to competent authorities for review and approval;

3.4. Step 4: Organizing the review of planning, issuing the Regulations on Construction Management according to the planning, and publicly announcing the approved planning;

4. Components of the planning file for the development of towns and market towns:

Based on Article 12 of the "Regulations on Establishing Urban Development Planning" issued together with Decision No. 322/BXD-ĐT dated December 28, 1993 of the Minister of Construction, the components of the planning file for the development of towns and market towns must ensure the expression of key technical requirements, but they must be simple, concise, easy to understand, and effective in guiding the management of construction in towns and market towns;

4.1. Part of drawings

The contents of the drawings stipulated in Article 12 of the regulations on establishing urban development planning issued together with Decision No. 322/BXD-ĐT of the Minister of Construction are presented in four drawings as follows:

a/ Regional relationship diagram, scale 1/10,000 - 1/50,000.

This drawing must reflect the following main contents:

The location and function of the town and market town within the network of residential points in the district or sub-region, where the town and market town are located;

Mutual relationships between the town and market town and the sub-region and district in terms of economy, culture, social services, technology transfer, and natural conditions;

Proposed planning of the network of infrastructure boundaries of the town and market town (external infrastructure) to ensure strengthened regular relations between the town and market town and the district and adjacent sub-regions;

b. Current status map and comprehensive assessment of construction land, scale 1/2000.

The contents of this drawing include:

Assessment of the current status of land use, identifying stable areas (by function) that are suitable for planning and will be retained; stable areas that are suitable for planning but require renovation and improvement; areas requiring change of use purpose; cultural and historical heritage sites, architectural works, scenic spots with value ranking, requiring protection and preservation; protective corridors for infrastructure technical works according to laws and Design Planning Standards and Regulations;

Comprehensive assessment of natural factors, technical infrastructure, economy, society, and environment for undeveloped areas within the expansion direction of the town and market town, on this basis, classify land into favorable, less favorable, and unfavorable categories for town and market town construction depending on different purposes;

Develop plans for selecting land and expansion directions for the town and market town;

c. Map of land use planning and technical infrastructure, scale 1/2000. This drawing must reflect the main contents of drawings numbered 3, 4, 5, 6, 7, and 8 stipulated in Article 12 of the Regulations on Establishing Urban Development Planning issued together with Decision No. 322/BXD-ĐT of the Minister of Construction, including:

Functional zoning and allocation of land types for residential construction, public services, green spaces, transportation, technical infrastructure, production land, and other types of land within a period of 10 to 15 years.

Land use planning for construction according to five-year plans, based on which specific areas with distinctive features are clearly defined, and management and usage standards for land and construction are specified for these distinctive areas, including: land area, purpose of use, total floor area, building density, average number of floors, land use coefficient, population density, and lot division form. - Transportation network for major infrastructure projects; road cross-sections and street setback regulations; urban environmental sanitation facilities.

d. Spatial planning and architectural organization diagrams for towns and market towns including:

A preliminary detailed plan for the central area at a scale of 1/500 (including ground plan, elevation, and perspective views);

Research and introduction of housing models; public service facilities and main technical infrastructure solutions for towns and market towns;

An architectural orientation diagram, in which cultural and historical relics, valuable architectural works that need preservation, natural areas requiring protection, central and focal areas for constructing representative buildings, main streets, and architectural-scape areas forming the framework of the town's and market town's spatial architecture are clearly identified.

The drawings are presented as follows:

For colored documents used in review meetings, drawings a, b, c, and d must be executed according to the prescribed scale;

For black-and-white documents, only drawing c is shown in size A0 according to the prescribed scale; drawings a, b, and d are reduced to size A3 or A4 with appropriate scales, accompanied by scale bars for inclusion in the illustrative section or appendix of the explanatory notes;

For large towns, depending on specific conditions, drawing c may be divided into two drawings: the Land Use Planning Map and the Technical Infrastructure Construction Planning Map;

4.2. Textual Part

a. Cover page, explanatory notes, appendices.

b. Draft "Regulations on Construction Management According to the Plan."

III. ORGANIZATION OF REVIEW AND APPROVAL OF TOWN AND MARKET TOWN CONSTRUCTION PLANS

1. Content and Review Procedure

Town and market town construction planning projects must be reviewed according to the following procedure:

1.1. Review and Approval of Design Task Assignment:

The Director of the Department of Construction or Chief Architect (for cities already having a Chief Architect) shall lead the review and report to the People's Committee of the province or centrally governed city for approval of the design task assignment;

1.2. Organization of the Provincial Architecture-Planning Council Meeting:

During the research and establishment of town and market town construction plans, the People's Committee of the province or centrally governed city may organize a meeting of the Provincial Architecture-Planning Council to gather opinions before finalizing the planning documents if deemed necessary.

1.3. Organization of Review and Approval of Town and Market Town Construction Plans:

The Department of Construction or Chief Architect of the City (for cities already having a Chief Architect) shall lead the review of town and market town construction plans before submitting them to the competent state authority for approval.

2. Approval Authority and Adjustment of Town and Market Town Construction Plans

2.1. The People's Committee of the province or centrally governed city shall approve construction plans for towns under their jurisdiction after they have been approved by the provincial or municipal People's Council;

2.2. The People's Committee of the district and equivalent level shall approve construction plans for market towns under their responsibility according to the delegation from the provincial or centrally governed city People's Committee, after obtaining agreement letters from the Department of Construction or Chief Architect of the City (for cities already having a Chief Architect) and reports from the People's Committee of the commune where the market town is located, and approval by the district-level People's Council;

3. Content of Review and Approval of Town and Market Town Construction Plans

The content of review and approval of town and market town construction plans shall follow the guidelines set forth in Circular No. 25/BXD-KTQH dated August 22, 1995, issued by the Ministry of Construction;

IV. IMPLEMENTATION

1. The People's Committees of provinces and centrally governed cities shall coordinate with the Ministry of Construction to direct the preparation and review of town and market town construction plans nationwide to ensure timely service for urban management and development needs and in accordance with the guidelines of this Circular;

2. The Departments of Construction or Chief Architects of Cities (for cities with a Chief Architect) shall organize training and implementation of the work of preparing and reviewing town and market town construction plans within their jurisdictions based on the guidelines of this Circular;

3. This Circular takes effect from the date of signature. All previous provisions contrary to this Circular are abolished.

Any organizations, units, or individuals involved in the implementation process who discover unreasonable aspects should promptly report them to the Ministry of Construction for research and resolution./.