Circular No. 10/2008/TT-BXD guiding the evaluation and recognition of Model New Urban Areas

CIRCULAR

Guidelines for Evaluating and Recognizing Model New Urban Areas

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

Pursuant to Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on Urban Planning;

Pursuant to Decree No. 02/2006/NĐ-CP dated January 5, 2006 of the Government on the Regulation of New Urban Areas;

Pursuant to Decree No. 29/2007/NĐ-CP dated February 27, 2007 of the Government on Urban Architectural Management;

Pursuant to actual needs for developing new urban areas in the country at present. To build and promote high-quality, model new urban areas nationwide, the Ministry of Construction provides guidelines for evaluating and recognizing model new urban areas as follows:

I. GENERAL PROVISIONS

1. These Circulars guide the conditions, criteria, procedures, file preparation, assessment, and recognition of model new urban areas throughout the country.

2. A model new urban area is a new urban area recognized by competent authorities as meeting the criteria set out in Section III and other relevant provisions of these Circulars.

3. The subjects covered include: People's Committees at all levels, organizations, and individuals, both domestic and foreign, involved in investment, construction, and management of new urban areas.

II. CONDITIONS FOR CONSIDERATION AND RECOGNITION

1. The area of the new urban area must be 50 hectares or more, but if it involves renovation of existing urban areas, it may be smaller but not less than 20 hectares.

2. The population or number of housing units within the new urban area must be 5,000 people or more, or approximately 1,000 residential units of various types, with large, medium, and small usable areas, including high-rise and low-rise apartment buildings, various types of villas, and detached houses according to detailed planning.

3. The location of the new urban area must comply with urban planning.

III. CRITERIA FOR EVALUATING MODEL NEW URBAN AREAS

1. Formation of the urban area in accordance with the law

a) Having policies and related legal documents for the formation of new urban areas.

b) The process of forming and constructing new urban areas must comply with construction laws.

c) Complying with detailed urban planning that has been approved by competent authorities.

2. Comprehensive technical infrastructure and complete social infrastructure

a) Infrastructure development must meet the fill ratio according to planning, exceeding 70% for built-up areas, reaching 100% for residential areas. Infrastructure must be constructed in accordance with planning, ready for connection to construction projects. Public infrastructure and service accessibility must be ensured for persons with disabilities. Fire prevention and firefighting systems must be guaranteed for the entire urban area and individual structures.

b) The proportion of land for transportation and parking spaces per person, and sidewalk width must comply with urban planning standards. The distance from residential and work locations to public transport facilities should not exceed 500 meters.

c) Water supply standards must be 150 liters per person per day or more. Water quality must meet Vietnamese standards. Water pressure in the pipeline system at the least favorable point must reach a minimum of 10 meters of water column (equivalent to 1 atm). Continuous supply must be ensured 24 hours a day.

d) Surface drainage capacity must be ensured. There must be a system for collecting and treating domestic and other wastewater (medical, industrial, etc.).

e) The proportion of public green space must be 7 square meters per person or more. Greenery must be functional and street trees must be aesthetically pleasing.

g) Waste collection rate must reach 100%, with source separation and hazardous waste collection. Transportation equipment must meet environmental standards; streets must always be clean and beautiful.

h) Continuous power supply with stable voltage.

i) Lighting must cover 100% of residential and public areas, meeting standard illumination levels, creating beautiful, energy-efficient, and safe landscapes.

k) Outdoor advertising must comply with regulations regarding location, size, color, and healthy content.

l) Communication services (cable TV, telephone, internet, etc.) must be fully available, meeting modern urban living requirements.

m) Social infrastructure: administrative, commercial, service, school, hospital, cultural house, sports facility constructions must comply with detailed planning approved by competent authorities, meeting quantity and scale standards.

3. Construction of architectural works in compliance with planning and harmonious landscape

a) Architectural works in new urban areas must comply with detailed planning approved or agreed upon by competent authorities regarding ground level, height, density, and setback.

b) Completed works must be consistent and harmonious, orderly.

c) The exterior finish of buildings must be well-maintained, harmonious with adjacent spaces, and suitable for urban design or urban architectural management regulations in the area. Architectural works must be appropriate for the climate and effectively utilize natural features of the region.

d) The coverage of architectural works according to planning must be 70% or more.

e) Current construction standards and regulations must be applied appropriately.

g) Measures must be taken to conserve resources and energy, utilizing natural energy sources, and protecting the environment.

4. Construction management and maintenance of works

a) Construction activities must comply with current regulations on investment, project quality, labor safety, and environmental protection during construction. Quality certification must be obtained for projects requiring it under the law, and project quality acceptance must be conducted before handing over to users.

b) Regular and continuous maintenance of common technical infrastructure and other works must be monitored according to regulations.

5. Healthy and friendly urban cultural environment

a) Resident self-management systems must be established.

b) Social evils must not exist.

c) Urban lifestyle must be civilized and orderly.

d) Community relations must be friendly.

6. Management and utilization of new urban areas for public and social benefits

a) An Urban Area Management Agency (Management Board) must be established by competent authorities to manage new urban areas according to their functions.

b) Have sufficient security forces in quantity and expertise; have general security measures to ensure safety for people in case of fire or explosion; have rescue means when accidents occur.

c) Set service fees for various types of public services such as waste collection, security, motorcycle and bicycle parking at minimum levels.

IV. PROCEDURE FOR ESTABLISHING FILES AND EVALUATING APPLICATIONS FOR RECOGNITION AS A MODEL NEW URBAN AREA

1. Step 1:

The management agency of the new urban area establishes a file to apply for recognition as a Model New Urban Area and submits it to the Provincial People's Committee for quality assessment. The file includes:

a) A report from the management agency of the new urban area requesting recognition as a Model New Urban Area submitted to the Provincial People's Committee.

b) A report evaluating the implementation status according to the criteria of the proposed Model New Urban Areas prepared by the management agency of the new urban area.

c) Confirmation letters from the District People's Committee and Commune People's Committee in the new urban area applying for recognition as a Model New Urban Area.

d) Detailed planning drawings at a scale of 1/500, explanatory sections, descriptions of the characteristics of the urban area, actual footage on CDs, and illustrative photos.

2. Step 2:

After receiving a valid application for recognition as a Model New Urban Area as specified in Step 1, the Provincial People's Committee shall carry out:

a) Social surveys among residents in the urban area (according to the survey form issued together with the Circular):

- Establish a social survey team consisting of representatives from the Provincial People's Committee, District People's Committee, and Commune People's Committee in the new urban area.

- Send survey forms to households and project owners, with a minimum of 70% of the total number of households living and working in the urban area. Before submitting the application for recognition as a Model New Urban Area for review, the Survey Team must compile a report detailing specific percentages for each question asked and obtain certification from the local management authorities.

- Retain the survey forms at the management agency of the new urban area.

b) Evaluation of the application for recognition as a Model New Urban Area:

- Establish an evaluation committee for the new urban area, consisting of representatives from relevant departments such as Planning and Architecture (for Hanoi and Ho Chi Minh City), Construction, Transportation, Natural Resources and Environment, Culture and Information, professional associations like the Architects' Association, Planning Association, and Construction Association at the provincial level, and representatives from the local district and commune governments.

- Based on the files, reports, and results of the Survey Team, the Committee will convene to evaluate and classify the quality of the new urban area according to the following scale:

   + If all contents within each criterion in Section III are fully implemented, a maximum score of 15 points is given. If not fully implemented, lower scores are given based on the extent of non-compliance, but each criterion must achieve a minimum score of 8/15 points.

   + The maximum score for resident satisfaction through the social survey is 10 points if 100% of residents are satisfied based on the received survey forms about their living environment, with lower satisfaction levels corresponding to a reduction of 1 point for every 10% decrease.

A total score of 80 points or more from the six criteria and resident satisfaction through the social survey qualifies the new urban area for recognition as a Model New Urban Area, which the Provincial People's Committee will submit to the Ministry of Construction for consideration.

3. Step 3:

The Provincial People's Committee submits the file to the Ministry of Construction for consideration of recognition as a Model New Urban Area. The file includes:

a) A report from the Provincial People's Committee managing the new urban area requesting recognition as a Model New Urban Area submitted to the Ministry of Construction.

b) The application file for recognition as a Model New Urban Area, including the components listed in Step 1, in a quantity of 20 sets.

c) The evaluation and scoring record of the Provincial Committee as stated in Point b of Step 2.

d) A comprehensive report from the Social Survey Team assessing the quality of life for residents in the new urban area, certified by the management authorities at all levels.

      V. REVIEW AND RECOGNITION OF MODEL NEW URBAN AREAS

The Ministry of Construction decides to establish a Review Committee based on the Architecture and Planning Committee of the Ministry of Construction and other related members to review the application file and issue a decision recognizing the Model New Urban Area.

Prior to the review meeting, the Ministry of Construction conducts an on-site inspection at the new urban area applying for recognition as a Model New Urban Area, and the inspection team prepares a report for the Committee to base its evaluation on.

The recognition decision for a Model New Urban Area is valid for five years; one year before the expiration date, the competent authority reviews and evaluates the title again.

VI. EFFECTIVE IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. During the implementation process, if there are difficulties or obstacles, please send comments to the Ministry of Construction for study and resolution.