Circular No. 12/2014/TT-BXD guiding the preparation, examination, and approval of the Urban Development Program

CIRCULAR

HGuidelines for drafting, reviewing, and approving the Urban Development Program

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Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on urban classification;

Pursuant to Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management;

Based on Decision No. 1659/QĐ-TTg dated November 7, 2012 of the Prime Minister approving the National Urban Development Program for the period 2012-2020;

At the proposal of the Director of the Urban Development Department;

The Minister of Construction issues this Circular guiding the drafting, reviewing, and approving the Urban Development Program.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the organization of drafting, reviewing, and approving the Provincial Urban Development Program and the Urban Development Program for each city directly under the province or centrally governed city.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to state management agencies, organizations, and individuals related to the drafting, reviewing, and approving of the Urban Development Program.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Urban Development Program is a specific document detailing urban development indicators, project list, and implementation schedule for provincial regional construction planning or urban master planning already approved by competent authorities.

2. Outline of the Urban Development Program is a document stating requirements, contents, and budget estimates for drafting the Provincial Urban Development Program or the Urban Development Program for each city.

3. Urban Development Indicators is a system of main indicators regarding urbanization rate and urban quality as stipulated in Decision No. 1659/QĐ-TTg dated November 7, 2012 of the Prime Minister approving the National Urban Development Program for the period 2012-2020.

Article 3. General Requirements and Principles

1. The Urban Development Program must align with the National Urban Development Program and the actual capacity to mobilize resources at the local level. The Urban Development Program is drafted for each five-year period and prioritizes the initial phase (five years and annually).

2. Based on the approved provincial regional construction planning, the People's Committee of the province directs the drafting, reviewing, and approving of the Provincial Urban Development Program consistent with the content and timeframe of the provincial regional construction planning. The Provincial Urban Development Program must be approved within no more than twelve months from the date the provincial regional construction planning is approved.

3. Based on the approved urban master planning, the People's Committee of the province directs the drafting of the Urban Development Program for each city within the province consistent with the content and timeframe of the provincial regional construction planning, the Provincial Urban Development Program, and the approved urban master planning. The Urban Development Program for each city must be approved within no more than twelve months from the date the urban master planning is approved. For cities classified as Type V, the Urban Development Program is integrated into the Urban Development Area File according to Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management.

4. The approved Provincial Urban Development Program serves as the basis for drafting proposals and evaluating urban upgrading. The approved Urban Development Program for each city serves as the basis for drafting the Urban Development Area Proposal, implementing the Urban Development Area Plan, and developing the investment capital mobilization plan for urban development.

5. The Department of Construction is the lead agency responsible for managing, organizing the drafting, reviewing, and submitting to competent authorities for approval of the Urban Development Program in accordance with Clause 1, Article 4 of Decree No. 11/2013/NĐ-CP, with the following tasks and powers:

a) Drafting the outline of the Urban Development Program and submitting it to the People's Committee of the province for approval;

b) Leading the review of the Provincial Urban Development Program and each city's program in accordance with Article 7 of this Circular;

c) Proposing adjustments to the Urban Development Program in accordance with Article 8 of this Circular.

6. Agencies directly drafting the Urban Development Program include the People's Committee of the district, the Management Board of the Urban Development Area, and consulting organizations with sufficient capacity as prescribed by law. The People's Committee of the province decides the agency directly drafting the Urban Development Program. In cases where consultancy services are required, the Department of Construction organizes the selection of consultants to draft the Urban Development Program and submits it to the People's Committee of the province for decision.

7. Departments, sectoral agencies, and the People's Committee of the district have the responsibility to coordinate with the Department of Construction and the agency directly drafting the Urban Development Program during the drafting and reviewing process of the Urban Development Program.

Article 4. Costs for drafting and reviewing the Urban Development Program

1. The People's Committee of the province shall be responsible for balancing local budget sources or mobilizing from other legitimate capital sources to allocate for the drafting and reviewing of the Urban Development Program at the local level, ensuring economy and efficiency.

2. The budget estimate for costs related to drafting and reviewing the Urban Development Program shall be determined and approved based on the content and volume of work to be carried out, and the payment capacity of the locality. The budget estimate for drafting and reviewing the Urban Development Program is part of the outline of the Urban Development Program prepared by the Department of Construction and approved by the Provincial People's Committee.

Chapter II

DRAFTING THE URBAN DEVELOPMENT PROGRAM

Article 5. Drafting the Provincial Urban Development Program

1. The Provincial Urban Development Program shall be drafted for the province or centrally-administered city.

2. Contents of the Provincial Urban Development Program

a) Establishing a list and timeline for upgrading urban types throughout the province or centrally-administered city for each five-year period, aligning with the National Urban Development Program and the approved provincial regional construction plan. Determine the priority program for the initial phase (five years and annually);

b) Specifying development targets that need to be achieved during the initial phase (five years and annually), consistent with the provincial regional construction plan or the overall plan of the centrally-administered city;

c) Establishing a list of priority investment projects for developing the urban infrastructure framework and key technical infrastructure connecting urban systems within the province;

d) Formulating solutions regarding mechanisms and policies for mobilizing capital, allocating resources, domestic and international cooperation and support;

e) Assigning organizational implementation.

3. The Provincial Urban Development Program file, including explanatory sections and drawings, shall be prepared according to the model guidelines attached as Appendix 1 to this Circular.

Article 6. Drafting the Urban Development Program for Each City

1. The Urban Development Program for each city shall be drafted for cities directly under the province or centrally-administered city without subordinate cities.

2. Contents of the Urban Development Program for Each City

a) Identifying a list and timeline for implementing the development of urban areas including new urban areas, new urban zones, expansion, renovation, conservation, reconstruction, or specialized function urban areas for each five-year period and prioritized initial phase (five years and annually) in accordance with the phases of the approved overall urban plan;

b) Specifying development targets that need to be achieved for each five-year period and annually, consistent with the overall urban plan and the approved socio-economic development plan;

c) Establishing a list of priority infrastructure framework projects and key infrastructure projects and social infrastructure aimed at connecting urban development areas with the urban technical infrastructure system;

d) Determining the capital plan for key infrastructure framework projects and key infrastructure projects in line with the actual development conditions of the locality;

e) Formulating solutions regarding mechanisms and policies for mobilizing legitimate capital sources both domestically and internationally for urban development investment;

f) Assigning organizational implementation.

3. The Urban Development Program for Each City file includes explanatory sections and drawings, following the guidelines provided in Appendix 2 to this Circular.

Article 7. Review and Approval of the Urban Development Program

1. Review of the Urban Development Program

a) The review of the Urban Development Program shall be conducted through the establishment of a Review Board or by soliciting written opinions from organizations and experts. The People's Committee at the provincial level shall decide on the form of review for each specific Urban Development Program;

b) The documents submitted for the review of the Urban Development Program include: the request for review of the Urban Development Program in accordance with the guidelines set out in Appendix 3 attached to this Circular; fifteen sets of Urban Development Program files containing components as prescribed in Clause 3 of Article 5 and Clause 3 of Article 6 of this Circular;

c) Based on the opinions of the Review Board or written participation opinions from organizations and experts (in cases where a Review Board is not established), the Department of Construction shall prepare a report on the review results to submit to the People's Committee at the provincial level.

2. Approval of the Urban Development Program

a) The People's Committee at the provincial level shall approve the Provincial Urban Development Program and the Urban Development Program for each city. The content of the Decision approving the Urban Development Program shall follow the guidelines set out in Appendix 5 attached to this Circular;

b) For the Provincial Urban Development Program and the Urban Development Program for each city that involves a general urban planning scheme within the approval authority of the Prime Minister, the People's Committee at the provincial level shall be responsible for soliciting written agreement from the Ministry of Construction before approval. The documents sent for the Ministry of Construction's opinion include: the letter from the People's Committee at the provincial level and one set of Urban Development Program files as prescribed in Clause 3 of Article 5 and Clause 3 of Article 6 of this Circular, amended and supplemented according to the review results;

c) The documents submitted for approval of the Urban Development Program include: the request for approval of the Urban Development Program in accordance with the guidelines set out in Appendix 4 attached to this Circular; the report on the review results, the written agreement of the Ministry of Construction for the case stipulated in point b of this clause, and the Urban Development Program files that have been amended and supplemented according to the review results.

Article 8. Adjustment of the Urban Development Program

1. Cases for Adjusting the Urban Development Program

a) The Provincial Urban Development Program shall be considered for adjustment when there is an adjustment to one of the following plans or programs: the Comprehensive Plan for the Development of the National Urban System, the National Urban Development Program, or the Provincial Regional Development Plan;

b) The Urban Development Program for each city shall be considered for adjustment when there is an adjustment to the Provincial Urban Development Program or the general urban planning scheme;

c) In addition to the cases specified in points a and b of Clause 1 of this Article, the Urban Development Program may be considered for adjustment based on periodic five-year reviews and assessments to ensure consistency with the provincial and city economic and social development plans.

2. The People's Committee at the provincial level shall decide on the content of the adjustment to the Urban Development Program.

3. The Department of Construction shall be responsible for organizing the preparation of adjustments to the content of the Urban Development Program and submitting them to the People's Committee at the provincial level for approval.

Article 9. Announcement and Storage of the Urban Development Program

1. Within thirty days from the date the Urban Development Program is approved, the People's Committee of the province shall be responsible for organizing the announcement of the Urban Development Program.

2. The form of announcement shall be selected by the People's Committee of the province to ensure and provide information to the public and relevant organizations for monitoring and implementing the Urban Development Program in the locality.

3. The contents of the announcement include: the decision approving the Urban Development Program and other accompanying documents.

4. The Department of Construction shall be responsible for storing the files and providing information to serve the needs of state management agencies in accordance with the law.

5. The files for storing the Urban Development Program include: the decision approving the Urban Development Program, the Urban Development Program file that has been approved in printed and digital formats.

Chapter III

IMPLEMENTATION

Article 10. Transitional Provisions

1. For the Provincial Urban Development Program

a) In cases where the Provincial Urban Development Program has been approved before this Circular takes effect, the Department of Construction shall organize a review of the contents of the Provincial Urban Development Program that has been approved compared to the provisions of this Circular, and propose adjustments if they are not in compliance;

b) In cases where the Provincial Urban Development Program is being developed but not yet approved, the People's Committee of the province shall direct a review and implement the development, examination, and approval of the Provincial Urban Development Program in accordance with this Circular.

2. For the Urban Development Program of individual cities

a) In cases where the Urban Development Program of individual cities has been approved before this Circular takes effect, the Department of Construction shall review the contents of the Urban Development Program of individual cities compared to the provisions of this Circular, and propose adjustments if they are not in compliance;

b) In cases where the Urban Development Program of individual cities has been approved but the Provincial Urban Development Program has not been established, the People's Committee of the province shall direct the establishment of the Provincial Urban Development Program and incorporate the contents of the approved Urban Development Program of individual cities into the Provincial Urban Development Program;

c) In cases where the Urban Development Program of individual cities is being developed but the Provincial Urban Development Program has not been approved, the People's Committee of the province shall direct the unification of urban development indicators to establish the Urban Development Program of individual cities, these contents must be incorporated and integrated into the Provincial Urban Development Program.

Article 11. Responsibility for Implementation

1. The People's Committee of the province shall be responsible for directing relevant agencies to organize the development, examination, and approval of the Urban Development Program in the locality; incorporating the contents of the approved Urban Development Program into the socio-economic development plan for five years and annually at the local level. Report to the Ministry of Construction on the situation of building and implementing the Urban Development Program before December 15 each year.

2. The People's Committee of the district shall be responsible for coordinating with the Department of Construction to develop the Urban Development Program in the locality, incorporating the contents of the approved Urban Development Program into the socio-economic development plan for five years and annually in the locality.

3. Other related departments and sectors shall be responsible for coordinating with the Department of Construction during the process of organizing the development, examination, and implementation of the Urban Development Program.

4. The Urban Development Department under the Ministry of Construction, the Departments of Construction of provinces and centrally-administered municipalities shall be responsible for guiding and inspecting the implementation of the provisions of this Circular.

Article 12. Effective Date

1. This Circular takes effect from October 10, 2014.

2. This Circular replaces the provisions regarding the development, examination, and approval of the Urban Development Program in Circular No. 34/2009/TT-BXD dated September 30, 2009 of the Ministry of Construction detailing certain contents of Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on the Classification of Cities.

3. During the implementation period, if there are difficulties or obstacles, organizations and individuals are requested to send their opinions to the Ministry of Construction for consideration and resolution./.