Circular No. 04/2004/TT-BXD guiding the implementation of Decision No. 78/2004/QĐ-TTg dated May 7, 2004 of the Prime Minister on adjusting and supplementing some mechanisms and policies to accelerate the construction progress of residential clusters and housing in the flood-prone provinces of the Mekong Delta.

 CIRCULAR

Guidelines for Implementing Decision 78/2004/QD-TTg dated May 7, 2004 of the Prime Minister on Adjusting and Supplementing Certain Mechanisms and Policies to Accelerate the Progress of Building Community Clusters and Housing in Provinces Frequently Affected by Flooding in the Mekong Delta
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Pursuant to Decision 173/2001/QD-TTg dated November 6, 2001 of the Prime Minister on Developing the Economy and Society in the Mekong Delta Region for the Period 2001-2005;

Pursuant to Decision 1548/QD-TTg dated December 5, 2001 on Investment in Raising Ground Levels Above Floods to Construct Community Clusters in Flood-Affected Areas of the Mekong Delta in 2002;

Pursuant to Decision 78/2004/QD-TTg dated May 7, 2004 of the Prime Minister on Adjusting and Supplementing Certain Mechanisms and Policies to Accelerate the Progress of Building Community Clusters and Housing in Provinces Frequently Affected by Flooding in the Mekong Delta, the Ministry of Construction provides specific guidelines for implementing Decision 78/2004/QD-TTg dated May 7, 2004 of the Prime Minister to accelerate the progress of building community clusters and housing in provinces frequently affected by flooding in the Mekong Delta as follows:

I/ ON THE CONSTRUCTION OF CRUCIAL INFRASTRUCTURE IN COMMUNITY CLUSTERS AND LINES:

1/ The crucial infrastructure in community clusters and lines includes: internal transportation, electricity supply, water supply for daily use, drainage systems, and facilities ensuring environmental sanitation within the community clusters and lines.

2/ Regarding the planning and layout of land for constructing infrastructure:

The work of planning and laying out land for constructing technical infrastructure projects in community clusters and lines must ensure a reasonable ratio between the area allocated for technical infrastructure, social infrastructure, and residential construction.

3/ On the sources of funds for investing in crucial technical infrastructure in community clusters and lines: carried out according to point b, Clause 2, Article 2 of Decision 78/2004/QD-TTg dated May 7, 2004 of the Prime Minister and the guidance of the Ministry of Finance. For the electricity system, it shall be implemented according to the program of the electric power sector.

Priority should be given to funds from integrated programs for investing in technical infrastructure and social infrastructure, especially programs for clean water and rural environmental sanitation, rural roads. Combining investment in social infrastructure within community clusters such as schools, kindergartens, health stations... to ensure a synchronized infrastructure that meets the living conditions of the people.

4/ On the scale of construction of essential technical infrastructure:

Essential infrastructure projects in community clusters and lines must meet the following minimum requirements:

a) Internal transportation roads within community clusters and lines must connect with inter-village and inter-regional roads, with a road width not exceeding 7 meters; main roads within clusters and lines have a width not exceeding 5.5 meters; other internal roads within clusters and lines have a width not exceeding 3.5 meters.

Both sides of the road should have sidewalks for walking and to accommodate technical facilities such as electricity and water installations and planting greenery.

The road base should be compacted and have a reasonable slope to ensure drainage. The road surface can be made of compacted soil mixed with sand or laid with woven mats, with a width of 2 meters.

b) The wastewater drainage system from households can be constructed using precast concrete pipes or brickwork to ensure the drainage needs of residents in the community clusters and lines.

c) The potable water supply system in community clusters and lines should be based on actual conditions to determine the water source, treatment technology, and distribution network. Water pipes should use types that meet hygiene standards and have costs suitable for local payment capacity.

d) Community clusters need to arrange garbage collection points with appropriate disposal methods to ensure environmental sanitation. Households must have septic tanks.

For localities capable of mobilizing and allocating funds, they may construct durable and high-quality technical infrastructure but must ensure the schedule to allocate households to reside according to the deadline set by the Prime Minister in Decision No. 78/2004/QD-TTg.

đ) Localities need to establish regulations on burial sites to ensure environmental sanitation and not affect community clusters and lines. It is absolutely forbidden to build graves within the boundaries of community clusters and lines.

II/ FOR THE CONSTRUCTION OF EMBANKMENTS AROUND EXISTING COMMUNITY AREAS:

To serve as a basis for determining the allocation of funds according to Article 3 of Decision 78/2004/QD-TTg dated May 7, 2004 of the Prime Minister, embankment construction must adhere to the following principles:

1/ Projects for constructing embankments around existing community areas must be included in the Program for Building Community Clusters and Housing, consistent with local and regional flood control and irrigation plans, and must be agreed upon by the Ministry of Agriculture and Rural Development.

2/ The specifications for constructing embankments around existing communities are defined as follows for fund allocation purposes: the width of the embankment top should not exceed 2.5 meters, the width of the embankment bottom should not exceed 4.5 meters, and the height of the embankment should not exceed 2 meters.

For localities capable of mobilizing additional funding, embankments can be constructed with larger specifications but must still meet the completion deadlines stipulated by the Prime Minister in Decision No. 78/2004/QD-TTg.

3/ The allocation of funds for embankment construction between central government budget and revenue from beneficiaries or other mobilized funds is specified by the Ministry of Finance.

III/ ON THE COMPACTION FACTOR WHEN RAISING THE GROUND LEVEL OF COMMUNITY CLUSTERS AND LINES:

Based on the actual conditions of community clusters and lines in the Mekong Delta region frequently affected by flooding and the requirements for construction on these clusters and lines, specialized agencies of provinces and centrally administered cities investing in community clusters require consulting organizations to determine specific compaction factors for each cluster and line in design documents, but these factors must not be lower than 0.85 (K ≥ 0.85).

IV/ ON THE MANAGEMENT AND USE OF COMMUNITY CLUSTERS AND LINES AFTER INVESTMENT:

Rural clusters and community lines are rural residential points that have been invested with technical infrastructure and social infrastructure to ensure safe and stable living conditions for households. Therefore, provincial People's Committees need to issue management regulations for clusters and community lines as a basis for commune People's Committees and wards to organize management, thereby contributing to ensuring safety, protecting the environment, implementing cultural and civilized living standards of the community. Mobilize mass movements to plant trees to protect waves and safeguard clusters, community lines, and embankments while improving the environment of these clusters and community lines.

This Circular takes effect 15 days after its publication in the Official Gazette. During implementation, if there are any difficulties, localities are requested to report to the Ministry of Construction for guidance on implementation or amendments.