Joint Circular No. 13/2011/TTLT-BXD-BNNPTNT-BTNMT on the establishment, review, and approval of construction planning for new rural communes

JOINT CIRCULAR

Regulations on the preparation, review, and approval of construction planning for new rural communes

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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 Decree No. 01/2008/NĐ-CP dated January 3, 2008, and Decree No. 75/2009/NĐ-CP dated September 10, 2009, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on Decree No. 25/2008/NĐ-CP dated March 4, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Based on the tasks assigned by the Prime Minister in Decision No. 491/QĐ-TTg dated April 16, 2009, of the Prime Minister promulgating the National Criteria for New Rural Areas; Decision No. 193/QĐ-TTg dated February 2, 2010, of the Prime Minister approving the Program to Review Construction Planning for New Rural Areas; Decision No. 800/QĐ-TTg dated June 4, 2010, of the Prime Minister approving the Target Program on Building New Rural Areas; Document No. 221/TB-VPCP dated August 20, 2010, announcing the conclusions of the Prime Minister on implementing the Target Program on Building New Rural Areas.

The Ministry of Construction, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment hereby stipulate the regulations on the preparation, review, and approval of construction planning for new rural communes as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability.

1. Scope of Regulation: This Circular regulates the preparation, review, and approval of tasks and plans for construction planning for new rural communes (referred to as new rural area planning).

2. New rural area planning includes orientation planning for spatial development; land use planning and essential infrastructure for agricultural production, industry, small-scale industry, and services; economic, social, and environmental infrastructure development planning according to new standards; planning for the development of new residential areas and the renovation of existing residential areas towards civility while preserving good cultural characteristics.

3. Applicability: Organizations and individuals involved in the preparation, review, and approval of planning, and management of new rural area planning.

Article 2. Principles of Planning.

1. New rural area planning must be consistent with Decision No. 491/QĐ-TTg dated April 16, 2009, of the Prime Minister.

2. The plan for new rural area planning must comply with approved higher-level plans (district regional planning, provincial regional planning, general urban planning...).

3. For communes that already have planning meeting the criteria for new rural commune construction, there is no need for re-approval; for communes currently preparing land use planning for the period 2011-2020, it is necessary to review and supplement to align with this Circular's planning requirements.

4. The work of new rural area planning shall be uniformly carried out in accordance with this Circular. Approved new rural area planning serves as the basis for land use management and the preparation of projects for building new rural areas within the jurisdiction.

Article 3. Soliciting Opinions on the Plan for New Rural Area Planning.

1. During the preparation of the plan for new rural area planning, the People's Committee of the commune is responsible for soliciting opinions from the community before submitting to the People's Council of the commune.

2. Content of solicitation: Basic orientations for population development, public infrastructure facilities, agricultural production development, industry, services, and environment.

Article 4. Procedures for drafting and managing new rural area planning.

1. Procedures for drafting planning

a) Prior to initiating the preparation of the new rural area planning project, the People's Committee of the commune shall organize the preparation of the planning assignment and submit it to the People's Committee of the district for approval.

b) After the planning assignment has been approved, the People's Committee of the commune shall organize the preparation of the planning project, establish management regulations according to the plan, and have it reviewed by the Commune People's Council before submitting it to the People's Committee of the district for approval of the project. For pilot communes that do not have a Commune People's Council, the People's Committee of the commune shall organize the collection of opinions from various departments within the commune before submitting it to the People's Committee of the district for approval.

c) The People's Committee of the district shall approve the new rural area planning project and issue the Management Regulations according to the approved plan. After the project is approved, the People's Committee of the commune shall be responsible for implementing and managing according to the plan.

2. Management and implementation of new rural area planning.

a) Organize the announcement, public disclosure, and provision of information on the plan.

b) Mark boundary stakes for technical infrastructure projects and functional zone boundaries.

c) Specifically determine the area and boundaries of paddy fields, special-use forests, protective forests on-site.

d) Archive new rural area planning records.

Article 5. Management and settlement of planning costs.

1. Planning costs are funded from the State budget; the People's Committee of the province shall proactively prepare a planning cost plan and set the level of planning costs for communes in accordance with the actual situation in the province. Specific levels of costs may refer to the handbook on building new rural areas issued by the Ministry of Agriculture and Rural Development.

2. The management and settlement of planning costs shall be carried out in accordance with guidelines issued by the Ministry of Finance.

Chapter II

DRAFTING NEW RURAL AREA CONSTRUCTION PLANS

Article 6. Drafting and approving the new rural area planning assignment.

The planning assignment includes requirements for the preparation of the new rural area planning project; after the planning assignment is completed, the People's Committee of the commune shall submit it to the People's Committee of the district for approval by decision. The contents of the planning assignment include:

1. Name of the project; Scope and boundaries of the planning area;

2. Objectives and requirements for the research content of the project;

3. Forecast of population size, land, construction scale;

4. Needs for spatial organization (production, living, center; new development and renovation of villages);

5. Requirements for developing the technical infrastructure system

6. Main economic indicators:

7. Product documentation of the project;

8. Budget; Schedule and responsibilities for implementing the project:

Article 7. Drafting the new rural area planning project.

Contents of the new rural area planning project include:

1. Analysis and evaluation of current comprehensive status.

2. Forecasting potential and development orientation.

3. Overall spatial planning for the entire commune.

4. Land use planning.

5. Production planning.

6. Construction planning.

Article 8. Analysis and evaluation of current comprehensive status:

1. Comprehensive analysis and evaluation of the current status regarding natural conditions (geographical features, topography, geomorphology, climate, hydrology, soil, resources: water, forest, sea...), environment, and ecosystems to identify resources and development potential.

2. Evaluation of the implementation of existing plans.

3. Evaluation of the current status of housing, public works, technical infrastructure, historical sites, scenic spots, and tourist attractions.

4. Analysis and evaluation of current land use status and changes.

Article 9. Potential Forecasting and Development Orientation

1. Potential Forecasting.

a) Assess land potential for the purpose of restructuring land use to serve residential needs, infrastructure projects, and production. Forecast the scale of land for construction for each type of communal project at the village, hamlet, and household level and residential land;

b) Forecast the types and economic characteristics such as pure agriculture, agroforestry; animal husbandry; small-scale industry; tourism or urban development orientation; production scale, main products, market capacity to address output solutions;

c) Forecast population size, labor force, number of households at each planning stage;

2. Development Orientation for Population, Infrastructure, Economy (Agriculture, Industry, Services), Environment within the Commune:

a) Identify the commune's potential in human resources, socio-economic resources; natural conditions.

b) Determine general and specific targets for each field in line with potential and resources to ensure feasibility and sustainable development.

Article 10. Overall Spatial Planning for the Entire Commune

1. Overall spatial planning for the entire commune must study various organizational space structure options, selecting solutions suitable for natural conditions, socio-economic conditions, and current status of the commune. The overall spatial planning for the entire commune serves as the basis for implementing production planning, construction planning, and land use planning.

2. Orientation for organizing new residential areas and renovating old villages: Determine population size, land standards for each group of households, land occupation scale, and land demand for the whole village. For areas prone to natural disasters, warnings and clear preventive measures for people and livestock should be provided.

3. Orientation for organizing public facility systems, preserving cultural and historical structures, determining locations, scales, architectural orientations for communal public facilities; other special zones;

4. Orientation for organizing the commune-wide technical infrastructure system connecting villages and hamlets with production areas, commune centers, and inter-commune regions (including infrastructure serving production and daily life); for areas prone to natural disasters, warnings and clear preventive measures should be provided.

Article 11. Land Use Planning

1. Establishing Land Use Planning.

a. Specifically determine the area of each type of land within the commune as allocated by the district.

b. Determine the area of land required for development, specifically: paddy fields, remaining annual crop land, other agricultural land, land for commune offices and social works, land for cemeteries managed by the commune, river and stream land, land for commune infrastructure development, and other non-agricultural land.

c. During the process of establishing new rural land use planning, it is necessary to determine the area of land that requires permission for change of use according to current laws. Determine the area of unused land to be put into use.

2. Establishing Land Use Plan: Allocate land use indicators based on usage purposes, land area requiring change of use, and unused land to be put into use.

a. Stage land use planning into two phases: 2011-2015 and 2016-2020.

b. Develop an annual land use plan for the period 2011-2015.

3. System of Indicators and Planning Tables for Land Use (see Appendix).

4. For communes that have not yet implemented land use planning for the 2011-2020 period, follow this provision (do not establish separate land use planning).

Article 12. Production Planning.

1. Agricultural production planning:

a. Determine the potential and scale of each type of production (crops and livestock that are currently the strengths of the locality and the orientation for new crops and livestock suitable for local production conditions; forecast production capacity and yield at each stage; Orient the development of market outlets for products with high economic value and marketability).

b. Allocate areas for agricultural commodity production including crop cultivation (rice, vegetables, industrial crops, fruit trees); animal husbandry; aquaculture; storage and processing facilities; industry and services. Planning items must clearly indicate their location by village or commune.

c. Identify the infrastructure network including: intra-field transportation (showing roads to plots of 1 hectare or more); irrigation (natural and artificial canals up to level 3); low-voltage power supply system for production; water supply and wastewater drainage systems for fish ponds.

d. Main solutions to achieve the requirements of the planning.

2. Industrial, small-scale industrial, and service production planning:

a. Potential for industrial and service development: natural resources, land, labor.

b. Select industries and services to develop and main solutions to achieve the goals of building a new countryside.

c. Set targets for the development of industry and services in communes (the proportion of industrial and service value on the total production value in the locality).

d. Main solutions to achieve the development requirements according to the planning.

Article 13. Construction Planning.

1. For villages, new residential areas:

a) Determine population size, number of households based on ecological characteristics and cultural traditions; public works for each village and new residential area.

b) Determine the system of villages, new residential areas.

c) Functional zoning structure, spatial organization; Requirements, principles, and main solutions for architectural space organization, determine the location and scale of village centers, concentrated residential areas; production zones, areas with development potential, restricted development, non-construction areas, and other needs; special regions, key projects, infrastructure connections.

d) Renovation and beautification of villages, houses: Main solutions for spatial organization, architectural regulations, color schemes, guidance for house renovation, fences, gates, suitable for local natural conditions, climate, traditional architecture, and materials.

e) Basic indicators for population, land, public works in old villages and new construction.

2. For commune centers:

a) Determine location, boundaries, land area, forecast new construction or renovation scale, architectural orientation for the center and each communal public work.

b) Content, requirements, and principles for architectural space organization, building height, architectural solutions for public works and services, green spaces, development zones, restricted construction zones, prohibited construction zones, conservation zones.

c) Indicators for land planning, technical infrastructure, social infrastructure in commune centers.

d) Determine priority investment projects in commune centers and villages, areas established with planning.

3. Infrastructure network planning includes: transportation, drainage, water supply, electricity supply, sewage disposal, environmental sanitation, cemeteries for the whole commune, villages, production areas, and inter-commune areas; determine the system, location, scale, project list, main solutions for renovation and beautification, technical standards, cross-sections to meet the development requirements of each planning phase and environmental protection.

4. Regarding the establishment of construction planning, it shall be carried out according to the standards stipulated in Circular 32/2009/TT-BXD dated September 30, 2010 of the Ministry of Construction. Determine priority investment projects and phased implementation: in commune centers; villages; production areas and planned zones; Estimate the capital investment needs for technical infrastructure serving production for the period 2010-2015.

4. Regarding the preparation of construction planning in accordance with the standards stipulated in Circular 32/2009/TT-BXD dated September 30, 2010, of the Ministry of Construction. Identify priority investment projects and phased implementation: at the center of the commune; villages and hamlets; production areas and zones where planning has been established; Estimate the capital investment needs for technical infrastructure serving production for the period from 2010 to 2015.

Article 14. Evaluation of the effectiveness of new rural area planning in terms of economic, social, and environmental aspects.

In the project of new rural area planning, it is necessary to explain and clarify the effectiveness of spatial development orientations and land use plans, production plans, construction plans on the development of economy, society, and environment.

Article 15. Components of the project dossier for new rural area planning.

1. Comprehensive explanatory notes accompanied by small-scale drawings on A3 paper, calculation appendices, design guidelines, and illustrations.

2. Drawings of the planning project displayed on the current land use map with a scale from 1/5,000 to 1/10,000, specifically for communes with an area of 20,000 hectares or more, displayed on a map with a scale of 1/25,000, including:

a) General current status drawing;

b) Current land use map.

c) Drawing of spatial development orientation planning for new rural commune.

d) Land use planning map; Agricultural planning drawing; Construction planning drawing.

đ) Infrastructure technical planning drawing.

e) For central areas, residential areas, agricultural production zones, displayed on a map with a scale of 1/2,000. It is necessary to clearly show: Internal transportation system (to plots of 1 hectare or larger); Power supply system; Production water supply and wastewater discharge systems; Environmental treatment areas.

3. Regulations on construction management according to the plan and draft decision approving the project.

4. CD storing all content of explanatory notes and drawings.

Article 16. Content of approval for the project of new rural area planning.

1. Location and scale of planning:

a) Boundaries, area scale.

b) Population and labor force scale and structure of the commune at each planning stage.

2. Objectives, contents, requirements of the project:

a) Specificizing the orientation of economic and social development.

b) Providing a legal basis for establishing investment proposals and projects.

c) Orientation of production, forms of production organization, living arrangements, public works systems, technical infrastructure, infrastructure serving production throughout the commune.

3. Premises, scale of planning:

a) Scale, population and labor force structure.

b) Scale and demand for construction land.

4. Planning indicators for land use:

a) Area and structure of various types of land;

b) Area of land changing its purpose of use;

c) Area of unused land put into use.

5. Functional zoning structure, spatial organization of the planning project:

a) Functional zoning structure, requirements and principles, orientation solutions for organizing architectural space of the commune center, village system, concentrated residential areas; production zones, areas with potential for development, restricted development, non-development, protected areas, and other needs; special regions, key facilities, infrastructure connections.

b) Commune Center: Determine location, boundaries, area scale, construction scale; construction requirements, basic indicators of newly built or renovated public works, services, and green spaces (including educational, health, cultural, sports, trade, and service facilities suitable for the commune's economic and social development capacity, characteristics, and requirements at each planning stage).

c) Orientation for allocating village and new residential area systems: Determine population scale, number of households, village centers, orientation for renovation, beautification, upgrading of cultural, sports, trade, service facilities, housing courtyards; land and technical infrastructure indicators, environmental protection indicators for each village or new residential area;

d) Production planning: Determine scope, scale of each type of production, technical infrastructure system, material and technical bases for production, land and environmental protection indicators for each area;

6. Network planning of technical infrastructure works for transportation, drainage, water supply, power supply, sewage discharge, environmental sanitation, cemeteries throughout the commune, villages, and production areas.

7. Summary of economic, technical, and land indicators meeting the requirements for the commune's economic and social development according to the overall planning project.

8. List of priority projects according to the plan period to meet the new rural criteria.

9. Regulations on construction management according to the plan.

10. Progress and organizational implementation solutions for the construction planning project.

Chapter III

IMPLEMENTATION

Article 17. Responsibilities of Ministries.

The Ministry of Construction shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment to assist the Central Steering Committee for the National Target Program on New Rural Area Construction in inspecting and promoting the work of planning new rural areas, and report to the Steering Committee every six months.

Article 18. Responsibilities of People's Committees at all levels.

People's Committees at all levels shall improve the management machinery for construction in their localities to have sufficient capacity to carry out tasks such as drafting, reviewing plans, directing, urging, publicizing, inspecting planning and managing new rural area construction.

1. The People's Committee of communes shall be the project owner and shall be responsible for organizing the preparation and submitting the plan and draft of the new rural area planning to the People's Committee of districts for approval.

2. The reviewing agencies: the Infrastructure Department, the Agriculture and Rural Development Department, and the Natural Resources and Environment Department of the district shall be responsible for reviewing the plan and draft of the new rural area planning before submitting them to the People's Committee of the district.

3. The People's Committee of districts shall decide on approving the plan and draft of the new rural area planning, and simultaneously issue regulations on construction management according to the planning draft.

4. The Department of Construction (the Department of Planning and Architecture for Hanoi City and Ho Chi Minh City) shall take the lead and coordinate with the Departments of Agriculture and Rural Development,

Natural Resources and Environment to guide and inspect the implementation of new rural area planning (inspection includes consulting capacity, quality of planning drafts, and implementation according to approved planning); they shall be responsible for organizing training and briefing on the preparation and management of new rural area planning within their jurisdiction.

5. The Steering Committee for New Rural Area Construction of provinces shall be responsible for directing the implementation of new rural area planning work to meet the requirements and deadlines set by the Central Steering Committee. They shall report to the Central Steering Committee for the National Target Program on New Rural Area Construction every six months.

Article 19. Implementation Provisions.

1. This Circular shall take effect from December 15, 2011.

2. In the course of implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction and the Central Steering Committee for the National Target Program on New Rural Area Construction for research and resolution./.