Circular No. 09/2010/TT-BXD on the establishment of planning tasks, planning schemes, and management of construction planning for new rural communes.

CIRCULAR

Regulations on the establishment of tasks, master plans, and management of construction planning for new rural communes.

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Based on the Construction Law dated November 26, 2003;

Based on Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on construction planning;

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

Based on Resolution No. 24/2008/NQ-CP dated October 28, 2008 on implementing the Resolution of the 7th Plenary Session of the Central Committee of the Communist Party of Vietnam's 10th Tenure on agriculture, farmers, and rural areas;

Based on the tasks assigned by the Prime Minister under Decision No. 193/QĐ-TTg dated February 2, 2010 approving the Program to review construction planning for new rural areas and Decision No. 800/QĐ-TTg dated June 4, 2010 approving the National Target Program on Building New Rural Areas for the period 2010-2020,

The Ministry of Construction stipulates the establishment, examination, approval, and management of construction planning for new rural communes to meet the criteria in the National Criteria for New Rural Areas issued by Decision No. 491/QĐ-TTg dated April 16, 2009 of the Prime Minister, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability.

1. This Circular stipulates the establishment, examination, approval, tasks, and master plans of construction planning for new rural areas within the administrative boundaries of communes.

2. The objects subject to construction planning for new rural areas include: construction planning for new rural communes; detailed planning for commune centers; detailed planning for new residential areas, resettlement areas, and renovation and construction of existing villages and hamlets according to new rural area criteria.

3. Organizations and individuals involved in the work of establishing, examining, approving tasks and master plans, and managing construction planning for new rural areas must comply with the provisions of this Circular and other relevant legal documents.

Article 2. Organization of establishment, examination, and submission for approval of tasks and master plans for construction planning for new rural areas.

1. The organization of establishment, examination, and approval of tasks and master plans for construction planning for new rural areas shall be carried out in accordance with the provisions of the Construction Law and Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on construction planning, except for special cases decided by the Prime Minister.

2. The competent authority has the responsibility to approve tasks and master plans for construction planning for new rural areas in writing with contents guided by this Circular, and at the same time issue regulations on construction management according to the plan.

a) The agency submitting for approval: The People's Committee of the commune is the agency submitting the People's Committee of the district for approval of tasks and master plans for construction planning for new rural areas.

b) The examining agency: The construction management agency of the district or the specialized team established by the Chairman of the Provincial People's Committee to assist in the examination of tasks and master plans for construction planning for new rural areas.

c) The approving agency: The People's Committee of the district is the agency approving tasks and master plans for construction planning for new rural areas.

3. Consulting organizations responsible for preparing master plans for construction planning for new rural areas bear responsibility for research contents and economic-technical calculations reflected in the explanatory notes and drawing files of the approved master plans for construction planning for new rural areas.

4. The components and contents of the task and master plan files for construction planning for new rural areas are guided in the "Handbook for Planning New Rural Areas" issued by the Ministry of Construction.

Article 3. Management of rural new area construction planning.

1. The competent authority approving the construction planning scheme for rural new areas shall promulgate regulations on management of construction planning for rural new areas based on the approved construction planning scheme.

2. The People's Committee of the commune has the responsibility to manage the planning within its administrative territory; organize the publication and public disclosure of the construction planning for rural new areas in accordance with Clause 4, Article 38 and Article 39 of Decree No. 08/2005/NĐ-CP, and provide additional guidance on the following contents:

a) Contents for the publication and public disclosure of the construction planning scheme for rural new areas include:

- Diagrams indicating the orientation for spatial development of production and living spaces; central areas of communes, villages, conservation zones, restoration of historical sites, and special areas.

- Diagrams indicating the orientation for the system of technical infrastructure works.

- Public works systems; production service facilities.

- New development areas, renovation areas, special areas, protection areas, and prohibited construction areas.

- Diagrams indicating the orientation for the development network of village residents including renovation and new development areas.

- Maps of rural new area construction planning, organization of space in commune centers, residential areas of villages.

- Maps of boundary markers, red-line boundaries, construction boundaries.

- Regulations on construction management according to the planning.

b) During the implementation of the construction planning for rural new areas, investment projects already underway need to be updated and promptly disclosed in full so that organizations and individuals can monitor their implementation.

3. Based on the approved boundary documentation, the organization and implementation of setting construction boundary markers shall be carried out in accordance with Article 40 of Decree No. 08/2005/NĐ-CP.

4. Provision of information on construction planning shall be implemented in accordance with Article 41 of Decree No. 08/2005/NĐ-CP.

5. The dossier of tasks and approved construction planning schemes includes: comprehensive explanatory notes, drawings at the prescribed scale, CDs storing all content of the explanatory notes and drawings, which are stored at the provincial, district-level construction management agencies and the People's Committee of the commune.

Chapter II

SPECIFIC PROVISIONS

Section 1

RURAL NEW AREA CONSTRUCTION PLANNING.

Article 4. Preparation of tasks for rural new area construction planning.

1. Basis for preparing tasks for rural new area construction planning.

Based on the tasks for socio-economic development, potential, requirements for technical infrastructure, social infrastructure, technical facilities serving production and people's livelihoods of each locality, the National Criteria for Rural New Areas issued by Decision No. 491/QĐ-TTg dated April 16, 2009 of the Prime Minister, the People's Committee of the commune prepares the tasks for rural new area construction planning.

2. Content of tasks for rural new area construction planning:

a) For the entire commune: determine boundaries, land use scale, forecast population size, construction scale on the entire commune and village areas at each planning stage; requirements for arranging resident networks, public works networks, production service works networks; technical infrastructure works networks connecting villages, production areas, and dynamic zones affecting the commune's socio-economic development; requirements for environmental sanitation in villages.

b) For commune centers, villages: determine location, boundaries, construction land scale, contents requiring renovation and new construction; requirements for construction, architectural orientation, key economic-technical indicators for the commune center, public works at the commune level, production service works, public service works, and housing in each village as a basis for detailed planning implementation.

3. Tasks for adjusting rural new area construction planning.

a) The implementation of adjustments to rural new area construction planning must ensure continuity, requirements, and principles for renovation and adjustment of functional areas.

b) During the process of preparing the construction planning scheme for rural new areas, if the ongoing construction planning content does not align with the approved rural new area construction planning tasks (building height, density, economic-technical criteria), but does not change the scope, area, or nature of the planning zone, it is not necessary to prepare the planning tasks again. The competent authority only needs to re-approve the planning tasks to ensure consistency in the planning scheme.

Article 5. Content of the planning scheme for building新农村建设的规划方案内容。

1. Analyze and evaluate the current status regarding natural conditions, socio-economic factors, technical infrastructure of the commune to determine the driving forces for development, the distinctive characteristics of the region, orientation for socio-economic development; forecast population size, forecast land use for construction for each residential area, forecast difficulties and obstacles during the planning process.

2. Orientation for spatial organization, zoning functions for production, living areas, special zones, public works system, determine the network of villages, hamlets, systems of works serving production.

3. Determine the scale, structure, boundaries of land use, land indicators for the public works system, services, residential land, production land, technical infrastructure construction land and development needs. Determine land use planning solutions, planning the technical infrastructure system, social infrastructure, allocate plots of land according to their functional uses with scales meeting the requirements of development at each stage of the plan and environmental protection.

4. Determine the concentrated residential system of villages and hamlets within the administrative territory of the commune in accordance with the ecological features, cultural customs of each region, determine specific economic-technical indicators, including:

- The scope, basic indicators on land, housing, and public works in villages and hamlets.

- Basic indicators of technical infrastructure works, production service works mainly in villages and hamlets.

5. Public works system at the commune level:

- Determine the location, scale, content requiring renovation, refurbishment or new construction of public works, services such as educational, health, cultural, sports, trade, service facilities at the commune level and in villages and hamlets suitable to geographical, economic, cultural-social conditions and living habits of the people.

- Determine the system of historical, cultural, scenic works of value.

6. Planning the network of technical infrastructure works for transportation, drainage, water supply, power supply, sewage disposal, environmental sanitation, cemeteries throughout the commune, villages and hamlets and production areas.

7. Determine priority investment projects in the center of the commune and villages and hamlets, areas established under planning.

Article 6. Adjustment of planning schemes for building新农村建设规划方案的调整。

1. The adjustment of the planning scheme for building新农村建设规划方案 shall be carried out in the following cases:

a) For communes that have approved rural construction plans but do not meet the criteria for新农村建设规定的指标，由乡人民委员会组织审查并调整规划以符合新农村建设的要求。

b) During the implementation of the新农村建设规划, issues arise concerning policies and guidelines that change the forecasts of the approved新农村建设规划。

c) Geographic-natural changes such as changes in administrative boundaries, landslides, floods, earthquakes and other factors affecting the forecasts of socio-economic development of the locality.

2. The authority responsible for approving the construction planning scheme decides on the adjustment of the新农村建设规划according to the law.

3. When adjusting the新农村建设规划, focus on the contents to be adjusted, clearly define the requirements and solutions to propose the adjustment contents such as land use, spatial organization solutions for each area, solutions for renovating technical infrastructure and public works, services in line with capabilities, resources and development requirements, economic-technical indicators.

Article 7. Soliciting opinions on the master plan for rural new village construction.

1. During the process of preparing the master plan for rural new village construction, the planning consultancy organization shall coordinate with local authorities to solicit opinions from organizations and individuals within the planning area through meetings, direct exchanges, or distributing questionnaires regarding the content of the plan so that the people can easily access and provide feedback. The main contents for soliciting participation in the rural new village planning include: scale, planning schemes, spatial organization solutions for production and living, production zones, social and technical infrastructure networks, land clearance (if applicable), and resource mobilization solutions.

All contributions must be fully compiled and reported to the competent authority for review before approval.

2. Based on the planning task dossier, the construction master plan, and the results of opinion solicitation, the authorized person approving the construction master plan shall decide on selecting the planning scheme for rural new village construction.

Article 8. Contents of the approval of the planning task for rural new village construction.

1. Basis for establishing the planning task for rural new village construction;

2. Location, boundaries, area scale, planning;

3. Objectives of the plan: population size, production land fund, construction and development needs, land for building the village center, residential areas of hamlets and villages; determining the network system of residents, special regions, technical infrastructure projects, land and technical infrastructure indicators, environmental protection.

4. Contents and research requirements of the plan:

a) Requirements for organizing production and living space;

b) Requirements for organizing the network of technical infrastructure projects throughout the village;

c) Research requirements for the village center;

d) Research requirements for residents of hamlets and villages;

e) Requirements for priority investment construction projects to achieve development goals.

5. List and quantity of project dossiers, implementation budget.

6. Progress and organization of implementing the construction master plan for rural new village.

Article 9. Contents of the approval of the master plan for rural new village construction:

1. Planning location and scale:

a) Boundaries, area scale.

b) Population and labor structure of the village at each planning stage.

2. Objectives, contents, and requirements of the plan:

a) Specificizing the direction of economic and social development.

b) Economic structure and reasonable form of production organization.

c) Direction of organizing production and living space, public works system, technical infrastructure, production service infrastructure throughout the village.

d) Legal basis for construction and investment management.

3. Development premise.

4. Planning scale forecast:

a) Population and labor scale, structure.

b) Land use scale, structure.

5. Orientation of rural new village construction planning:

a) Requirements and principles for functional zoning (production space, living space, development areas, restricted construction areas, prohibited construction areas, conservation areas...).

b) Functional zoning structure, production land fund, village center areas, and hamlet resident systems.

c) Orientation of construction planning, spatial organization solutions for the village center architectural system, public works and services, hamlet systems, concentrated rural residential points; identifying areas with development potential, limited development, non-development, protected areas, and other needs; determining boundaries, village center construction land funds, locations, area scales, construction scales; requirements and basic indicators for newly constructed or renovated public works, services, and green spaces such as educational, health, cultural, sports, trade, and community services suitable for the village's capacity, characteristics, and socio-economic development requirements at each planning stage.

d) Orientation of the distribution of hamlet resident systems: determining population sizes, hamlet resident systems, land and technical infrastructure indicators, and environmental protection requirements for each area; orientation for improving, renovating, and upgrading educational, health, cultural, sports, trade, and service facilities in hamlets.

e) Orientation of construction planning for technical infrastructure systems, production service infrastructure, and key projects within the village scope.

- Determining the scale of technical infrastructure projects within the village scope.

- Determining the list of projects and components planned for investment and construction within the village scope.

6. Indicators for population, land, technical infrastructure, and social infrastructure in the village center and hamlets.

7. List of priority projects according to the planning period to meet the criteria for new rural areas.

8. Progress and organizational solutions for implementing the construction master plan.

9. Construction management regulations according to the plan.

Section 2

DETAIL PLANNING FOR THE VILLAGE CENTER, HAMLET AND VILLAGE RESIDENTIAL POINTS, NEW CONSTRUCTION AREAS, AND RURAL RELOCATION AREAS

Article 10. Content of the detailed planning tasks for the village center, renovation of hamlets and villages, and new construction areas and rural resettlement zones.

1. Content of the detailed planning tasks for the renovation or new construction of village centers.

a) Requirements for research on: location, boundaries, population size, land area, forecast of the scale of new construction or renovation of communal facilities at the village level, hamlet or inter-hamlet, resettlement areas.

b) Requirements and principles regarding: spatial organization, building height, architectural solutions for public facilities and services, green spaces, restricted construction zones, prohibited construction zones, conservation areas.

c) Requirements, principles, and solutions for planning the system of technical infrastructure and environmental facilities within the planned area.

d) Planning indicators for economic, land, technical infrastructure, and social infrastructure for village centers and hamlet centers.

e) List, quantity of documents, budget, and implementation schedule for the construction planning project.

2. Content of the detailed planning tasks for the renovation and construction of hamlets and villages, new residential areas, and rural resettlement zones.

a) Requirements and principles for determining the population size, land fund for construction, spatial organization of production and living space in hamlets and villages, the system of communal facilities in hamlets and villages, development-oriented areas and special characteristics.

b) Requirements and principles for determining the network, solutions for renovating the system of technical infrastructure, production service facilities in hamlets and villages, and the environment.

Planning indicators for economy, technique, land for communal facilities and the system of technical infrastructure, environmental protection in hamlets and villages.

d) Requirements and solutions for renovating, upgrading, and refurbishing existing architectural structures and cultural relics, guidance for renovating and constructing new houses with traditional architectural characteristics.

e) List, quantity of documents, budget, and implementation schedule for the construction planning project.

Article 11. Content of the detailed planning project for village centers, renovation of hamlets and villages, and new construction areas and rural resettlement zones.

1. Content of the detailed planning project for the renovation or new construction of village centers.

a) Analysis of current land use, the situation of construction of communal facilities at the village level according to standards, regulations, and criteria for new rural construction, forecasting the scale of construction, land, requirements, and economic and technical indicators for each communal facility, historical-cultural relic, scenic spot at the village level;

b) Planning the spatial organization of the architectural system of communal facilities, overall layout plan for the construction of the village center.

c) Planning the network of technical infrastructure in the village center;

d) Requirements, principles, and solutions for renovating and newly constructing the system of communal facilities, technical infrastructure, and the environment in the village center.

e) Economic aspects and priority projects, solutions for mobilizing resources.

f) Conclusions and recommendations.

g) Draft regulations for construction management according to the Plan.

2. Content of the detailed planning project for the renovation and construction of hamlets and villages, new residential areas, and rural resettlement zones:

a) Analysis and evaluation of the current status regarding natural conditions, socio-economic factors, technical infrastructure of the detailed planning area to determine the driving force for development, distinctive characteristics, orientation for socio-economic development; forecasting population size, forecasting land use for construction for each residential point, forecasting difficulties and obstacles during the planning and construction of hamlets and villages.

- Determining the area, structure, boundaries of land use, specific land indicators for the system of communal facilities, services, housing, production land, land for technical infrastructure construction, and the development needs of hamlets and villages or the planning area.

- Determining the land use planning solutions, planning the system of technical infrastructure, social infrastructure, allocation of plots according to their functions, meeting the development requirements of each planning phase and environmental protection in hamlets and villages or the planning area.

b) Orientation for spatial organization, zoning of production and living functions, areas with special characteristics, the system of communal facilities, the system of technical infrastructure, production facilities and production service facilities in hamlets and villages or the new planning area.

c) Orientation for architectural solutions, guidance for renovating and constructing communal facilities and housing suitable to geographical, economic, cultural-social conditions, and living customs of local residents.

d) Overall layout plan for arranging residents, production and living zones, areas with special characteristics, the system of communal facilities, technical infrastructure network, production facilities and production service facilities in hamlets and villages or the new planning area consistent with ecological features and cultural traditions of each region.

e) Determining specific economic and technical indicators: scale, basic land indicators, construction works, contents requiring renovation, refurbishment, or new construction of communal facilities, services, historical-cultural relics, scenic spots, technical infrastructure, green spaces, production service facilities, and housing in hamlets and villages suitable to geographical, economic, cultural-social conditions, and living customs of local residents.

f) Priority investment projects in hamlets and villages in the planning area.

g) Conclusions and recommendations.

h) Draft regulations for construction management according to the plan.

Article 12. Soliciting opinions on detailed construction planning projects for新农村建设。

1. Detailed planning should be closely linked to the practical interests of the people, therefore during the process of preparing detailed construction planning projects, consulting organizations shall cooperate with local authorities to solicit opinions from organizations and individuals within the planning area through meetings, direct exchanges, or distributing questionnaires regarding the content of the planning to facilitate public access and comments.

All contributions must be fully compiled and reported to the competent authority for review before approval.

The main contents solicited from the public include: spatial architectural organization, system and scale of public works, technical infrastructure network connecting with existing areas, production and living solutions that meet future development requirements.

2. Based on the project task files, construction planning projects, and the results of opinion solicitation, the competent authority for approving construction planning shall decide on selecting the planning construction scheme.

Article 13. Contents of approval for detailed construction planning tasks for新农村建设。

1. Contents of approval for detailed construction planning tasks for renovating or constructing new village centers:

a) Location and scale of planning: Requirements for studying location, boundaries, land area scale, forecasts for the scale of new construction or renovation of village-level public works systems, resettlement areas.

b) Objectives, contents, and requirements of the project: Requirements and principles for spatial organization, building height, architectural solutions for public works and services, green spaces, development zones, restricted construction zones, prohibited construction zones, conservation zones.

c) Requirements and principles for determining the network and solutions for renovating the technical infrastructure system and environmental facilities within the planning area.

d) Planning indicators for economic, land, technical infrastructure, and social infrastructure for village centers and hamlet centers.

e) List, quantity of documents, budget, and implementation schedule for the construction planning project.

2. Contents of approval for detailed construction planning tasks for renovating villages, settlements, new residential areas, and resettlement areas:

a) Location and scale of planning: Boundaries, scale of land area, and population forecasts, demographic structure, labor force of each village, settlement, or planned area according to the planning phases.

b) Objectives, contents, and requirements of the project:

- Specific requirements for economic and social development orientation, economic structure, and production organization form according to the general planning project's orientation.

- Orientation for organizing production and living space, public works systems, technical infrastructure, production service infrastructure as a legal basis for construction and investment management.

c) Planning orientation.

- Population scale, land use, production and living structures, newly constructed or renovated public works such as educational, health, cultural, sports, commercial, service facilities, solid waste collection and transfer points, cemeteries for each village community.

- Orientation and requirements for zoning, functional spatial organization (production and living space, restricted construction zones, prohibited construction zones, conservation zones, etc.); village centers, public works and services, key facilities, and technical infrastructure systems within the village.

- Requirements, principles, and contents for renovation, beautification, expansion, or new construction of residential areas and public service facilities to ensure compatibility with the economic and social development capabilities, characteristics, and requirements of the village according to the planning phases.

d) Indicators for population, land, technical infrastructure, and social infrastructure of the village or planning area.

e) List and quantity of project files, implementation budget.

f) Project planning construction schedule.

Article 14. Contents of the approval of detailed planning projects for新农村建设详细规划的审批内容。

1. Contents of the approval of detailed planning projects for renovating or constructing new village centers:

a) Planning location and scale: location, boundaries, and area scale of the village center system.

b) Objectives, contents, and requirements of the project:

- The planning scale of the village center includes:

+ Scope, land use scale, spatial organization structure of functional zones within the village center system.

+ Location, boundaries, land use scale, construction scale of each communal public facility at the village level.

- Planning orientation:

+ Orientation for organizing the overall architectural space of the communal public facilities and technical infrastructure within the village center.

+ Requirements and principles for zoning functional areas, identifying areas with development potential, restricted development, non-development, protected areas, and other needs within the village center.

c) Planning solutions:

+ Solutions for organizing the overall architectural space of the communal public facilities within the village center system.

+ Requirements, principles, and solutions for organizing renovation, beautification, and expansion of construction for communal service facilities, cultural and historical heritage sites within the village center.

d) Comprehensive layout of the detailed planning project for the village center.

e) Land use indicators, planning, architecture, construction, technical infrastructure, and environmental protection indicators for the village center area.

f) Proposed construction projects to be invested in the village center area.

g) Construction management regulations for the village center according to the planning.

2. Contents of the approval of detailed planning projects for renovating construction in villages, hamlets, new residential areas, and resettlement areas:

a) Planning location and scale:

- Boundaries, planning area scale.

- Population size, labor force, land use scale of the village, hamlet, or planned area at each stage of planning.

b) Objectives, contents, and requirements of the project:

- Specificization of economic and social development orientations determined in the village construction planning project.

- Economic structure and production organization form of the village, hamlet.

- Functional zoning, identification of areas with development potential, restricted development, non-development, protected areas, and other needs.

- Orientation for organizing living and production spaces, communal public facilities, technical infrastructure, and production support infrastructure within the village, hamlet.

- Overall land use planning.

- Orientation for renovating the village, hamlet, or constructing anew.

- Determination of the network of technical infrastructure facilities within the village, hamlet.

c) Renovation and beautification of villages, hamlets: contents of renovating and beautifying construction of communal public facilities and services suitable for the capabilities, characteristics, and socio-economic development requirements of the village, hamlet at each stage of planning.

+ Requirements and principles for renovating and beautifying villages, hamlets; expanding construction of communal service facilities, cultural and historical heritage sites, and production service facilities within the village, hamlet.

d) Design guidance for renovating communal facilities, courtyards, and housing for each household group in accordance with local customs and conditions.

e) Indicators on population, land, technical infrastructure, and social infrastructure for the village center and villages, hamlets.

e) Proposed construction projects to be invested in the implementation area of the construction planning project and new rural criteria.

f) Construction management regulations according to the planning.

Chapter III

IMPLEMENTATION

Article 15. Responsibility for Implementation.

1. People's Committees at all levels shall perform their state management functions regarding urban planning within the scope of their authority and tasks as prescribed in Article 54 of Decree No. 08/2005/NĐ-CP.

2. The construction management agency of the district shall report in writing to the Department of Construction or the Department of Planning and Architecture (for Hanoi City and Ho Chi Minh City) every six months and annually on the plans and programs for developing rural construction master plans and the situation of managing the implementation of new rural construction master plans in their respective areas.

3. The Department of Construction or the Department of Planning and Architecture (for Hanoi City and Ho Chi Minh City) shall be responsible for regularly and periodically inspecting the development of construction master plans and their implementation according to approved new rural construction master plans, and shall report to the Ministry of Construction every six months and annually.

4. The Architecture and Urban Planning Division shall assist the Minister of Construction in guiding, monitoring, and inspecting the implementation of this Circular.

Article 16. Provisions for Enforcement.

1. This Circular takes effect from September 20, 2010, and replaces Circular No. 21/2009/TT-BXD dated June 30, 2009, issued by the Ministry of Construction, concerning the development, review, approval, and management of rural construction master plans.

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./.