Circular No. 07/2011/TT-BXD guiding the determination of costs for drafting and publishing urban planning and architectural management regulations

CIRCULAR

HGuidelines for determining costs of drafting and publishing urban planning and architectural management regulations

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WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 38/2010/NĐ-CP dated April 7, 2010 of the Government on Management of Urban Space, Architecture, and Landscape;

The Ministry of Construction provides guidelines for determining costs of drafting and publishing Urban Planning and Architectural Management Regulations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the determination of costs for drafting and publishing Urban Planning and Architectural Management Regulations according to the provisions of Government Decree No. 38/2010/NĐ-CP dated April 7, 2010 on urban space, architecture, and landscape management.

Article 2. Organizations and individuals using local government budget funds to draft and publish Urban Planning and Architectural Management Regulations shall apply the provisions of this Circular to determine and manage costs.

Article 2. Principles for Determining Costs of Drafting and Publishing Urban Planning and Architectural Management Regulations

Clause 1. Costs for drafting and publishing Urban Planning and Architectural Management Regulations are determined based on cost standards specified in Appendix No. 1 attached to this Circular. In cases where applying the cost standards as guided by this Circular to determine the costs of drafting Urban Planning and Architectural Management Regulations is not appropriate, the relevant parties shall prepare a budget to determine the costs.

Clause 2. For some Urban Planning and Architectural Management Regulations that do not have cost standards specified in this Circular, the costs for drafting and publishing such Regulations are determined through budget preparation. Budget preparation for costs shall be conducted according to the guidance provided in Appendix No. 2 attached to this Circular.

Clause 3. Costs for drafting Urban Planning and Architectural Management Regulations calculated based on the standards set out in this Circular include necessary expenses for performing tasks as required; specifically: Survey and data collection costs, purchase of materials (if applicable); expert fees; depreciation costs for machinery and equipment; management costs; consultation costs; training and professional development costs; social insurance; health insurance; unemployment insurance; professional liability insurance and pre-tax income but excluding value-added tax. When preparing a budget for costs of drafting Urban Planning and Architectural Management Regulations according to the standards, value-added tax must be added according to current regulations.

Chapter II

DETERMINATION AND MANAGEMENT OF COSTS FOR DRAFTING AND PUBLISHING URBAN PLANNING AND ARCHITECTURAL MANAGEMENT REGULATIONS

Article 3. Types of Urban Planning and Architectural Management Regulations

Clause 1. Urban Planning and Architectural Management Regulations include the following types:

Point 1.1. Urban Planning and Architectural Management Regulations for centrally-administered cities:

Subpoint a) General Urban Planning and Architectural Management Regulations for the city;

Subpoint b) Urban Planning and Architectural Management Regulations for the city center area;

Subpoint c) Urban Planning and Architectural Management Regulations for districts;

Subpoint d) Urban Planning and Architectural Management Regulations for towns within the city;

Subpoint e) Urban Planning and Architectural Management Regulations for townships (belonging to districts within the city).

Point 1.2. Urban Planning and Architectural Management Regulations for provincial-level cities.

Point 1.3. Urban Planning and Architectural Management Regulations for county-level cities (townships).

Point 1.4. Urban Planning and Architectural Management Regulations along streets within cities.

Clause 2. Content of Urban Planning and Architectural Management Regulations as stipulated in Government Decree No. 38/2010/NĐ-CP dated April 7, 2010 on urban space, architecture, and landscape management and detailed in Circular No. 19/2010/TT-BXD dated October 22, 2010 of the Ministry of Construction guiding Urban Planning and Architectural Management Regulations.

Article 4. Determining the cost of establishing the Urban Planning and Architecture Management Regulation

1. For centrally-administered cities:

1.1. The cost of establishing the general Urban Planning and Architecture Management Regulation for centrally-administered cities shall be determined according to the standard set forth in Table 1, Appendix 1 accompanying this Circular, corresponding to the current population size (the population announced in the latest Statistical Yearbook at the time of establishing the Regulation).

1.2. The cost of establishing the Urban Planning and Architecture Management Regulation for towns within cities shall be determined according to the standard set forth in Table 2, Appendix 1 accompanying this Circular, corresponding to the current population size (the population announced in the latest Statistical Yearbook at the time closest to the time of establishing the Regulation).

1.3. The cost of establishing the Urban Planning and Architecture Management Regulation for districts shall be determined according to the standard set forth in Table 3, Appendix 1 accompanying this Circular, multiplied by the area of the districts.

1.4. The cost of establishing the Urban Planning and Architecture Management Regulation for townships (belonging to counties within cities) shall be determined according to the standard set forth in Table 4, Appendix 1 accompanying this Circular, multiplied by the area of the townships.

2. For provincial-level urban areas: The cost of establishing the Urban Planning and Architecture Management Regulation for provincial-level urban areas shall be determined according to the standard set forth in Table 2, Appendix 1 issued with this Circular, corresponding to the current population size (the population announced in the latest Statistical Yearbook at the time closest to the time of establishing the Regulation).

3. For district-level urban areas (towns): The cost of establishing the Urban Planning and Architecture Management Regulation for district-level urban areas (towns) shall be determined according to the standard set forth in Table 4, Appendix 1 accompanying this Circular, multiplied by the area of the district-level urban areas (towns).

4. In cases where it is required to establish a separate Urban Planning and Architecture Management Regulation according to street lines within urban areas, the cost of establishing the Regulation shall be determined according to the standard set forth in Table 5, Appendix 1 accompanying this Circular, multiplied by the length of the street lines.

5. When determining the cost of establishing the Urban Planning and Architecture Management Regulation according to the standard, if the population size or area to be calculated falls within or outside the range specified in this Circular, the cost of establishing the Regulation shall be determined through interpolation or extrapolation according to the standard.

6. The cost of amending the Urban Planning and Architecture Management Regulation shall be determined by preparing a detailed budget estimate consistent with the requirements and content of the work to be amended or by agreement, but not exceeding 60% of the cost of establishing a new Urban Planning and Architecture Management Regulation.

Article 5. Determining the cost of publishing the Urban Planning and Architecture Management Regulation

1. The cost of publishing the Urban Planning and Architecture Management Regulation shall be determined as 5% of the cost of establishing the Urban Planning and Architecture Management Regulation. When implementing, the publication cost must prepare a detailed budget estimate to serve cost management.

2. In cases where it is necessary to print the Regulation to disseminate the Urban Planning and Architecture Management Regulation to relevant entities, the printing cost of the Regulation shall be determined by preparing a budget estimate consistent with actual needs.

Article 6. Management of Costs for Establishing and Announcing Urban Planning and Architecture Management Regulations

1. The People's Committees of centrally governed cities, cities classified as Type I, Type II, and Type III, and towns shall organize the approval of cost estimates, sign contracts (or authorize signing of contracts) to hire consultants to establish urban planning and architecture management regulations.

2. The People's Committees at district level shall organize the approval of cost estimates, sign contracts (or authorize signing of contracts) to hire consultants to establish urban planning and architecture management regulations for market towns and urban areas directly under districts.

3. Costs for establishing urban planning and architecture management regulations shall be managed through contracts with consulting organizations. In cases where state administrative agencies are assigned to establish urban planning and architecture management regulations, the establishment costs shall be determined based on appropriate budgets corresponding to the assigned tasks and relevant provisions concerning concurrent duties.

Chapter III

IMPLEMENTATION

Article 7. Transitional Provisions

1. Works for establishing urban planning and architecture management regulations that are carried out according to signed contracts prior to the effective date of this circular shall continue to be implemented according to those contracts.

2. From the effective date of this circular, works for establishing urban planning and architecture management regulations that are currently being negotiated but have not yet signed contracts for the establishment of such regulations shall be subject to the provisions of this circular to determine and manage costs.

Article 8. Effective Date

1. This circular takes effect from August 15, 2011.

2. During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for research and resolution.