Circular No. 15/2008/TT-BXD guiding the evaluation and recognition of model new urban areas

Circular

Guidelines for Evaluation and Recognition

Model New Urban Area

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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 on New Urban Areas;

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

Considering the actual needs for developing new urban areas in the country at present, the Ministry of Construction hereby guides the evaluation and recognition of model new urban areas throughout the country as follows:

I. General Provisions

1. This Circular provides guidelines on conditions, criteria, procedures, dossier 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 this Circular.

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

4. For projects to construct new urban areas initiated after this Circular takes effect, the project investors shall self-assess the conditions for registering to invest in constructing model new urban areas with the provincial people's committee in writing when preparing the investment project and submit one copy to the Ministry of Construction for monitoring.

II. Conditions for Consideration and Recognition

1. The area of the new urban area must be 50 hectares or more; 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 equivalent to approximately 1,000 housing units of various types, including large, medium, and small-sized residential units, calculated based on high-rise buildings, low-rise 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) There must be policies and related legal documents providing the basis for the formation of new urban areas.

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

c) It must conform to the detailed urban planning that has been approved by competent authorities.

2. Comprehensive Technical Infrastructure and Adequate Social Infrastructure

a) The construction of technical infrastructure must meet the fill ratio according to the planning, exceeding 70% for the overall area and 100% for residential areas. It must be built in accordance with the planning, ready for connection with construction works. It must ensure accessibility for public infrastructure and services for persons with disabilities. It must ensure fire protection systems for the entire urban area and individual buildings.

b) The proportion of land for transportation and parking spaces, width of sidewalks, must comply with urban planning standards. The distance to public transport facilities from residences and workplaces must not exceed 500 meters.

c) Water supply standards must be 150 liters/person/day or more. Water quality must meet Vietnamese standards. The 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 guaranteed. There must be a system for collecting and treating domestic, medical, and industrial wastewater.

e) The proportion of public green space must be 7 square meters/person or more. It must ensure functional and street tree compatibility, and aesthetic appearance.

g) The collection rate of solid waste must reach 100%, with source sorting and proper handling of hazardous waste. Transportation equipment must meet environmental standards; streets must always be clean and beautiful.

h) Power supply must be continuous with stable voltage.

i) Lighting must cover 100% of residential and public areas, ensuring adequate illumination according to standards, creating a beautiful, energy-efficient, and safe environment.

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

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

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

3. Architectural Constructions in Accordance with Planning and Harmonious Landscape

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

b) Constructed buildings must have unity and harmony, maintaining order.

c) The exterior finish of buildings must be complete, harmonizing with adjacent spaces, fitting urban design or urban architectural management regulations in the area. Architectural works must suit the climate and effectively utilize natural features of the region.

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

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

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

4. Construction Management and Maintenance of Works

a) Construction activities must comply with current regulations on investment, construction quality, labor safety, and environmental hygiene during construction. Certifications of compliance with legal requirements for quality must be obtained for necessary works, and quality acceptance must be conducted before handing over to users.

b) Regular and continuous maintenance control must be carried out according to regulations for common technical infrastructure in the area and other works as prescribed.

5. Healthy and Friendly Urban Cultural Environment

a) Residents' self-management systems must be established.

b) There must be no social evils.

c) Urban lifestyle must be civilized and orderly.

d) Community relations must be friendly.

6. Management, exploitation, and utilization of New Urban Areas for public interest and social benefit

a) Establish a management agency for new urban areas (Management Board) to carry out the management of new urban areas according to its functions.

b) Have a sufficient number of security forces with specialized expertise; implement general security measures to ensure safety for people in case of fire or explosion; have emergency response equipment when incidents occur.

c) Set service prices for each type of user, based on different levels of facility usage; establish minimum收费标准不宜直接翻译，因为原文中没有具体的价格或收费标准。根据规则，我们只翻译给出的内容，不添加额外信息。因此，此处应保持原意不变，继续翻译其他部分。

IV. Procedure for preparing documents, evaluation,

proposing recognition of Model New Urban Areas

1. The investor prepares a document set to assess the implementation status according to the criteria for Model New Urban Areas. The document set includes:

a) A comprehensive self-assessment report on the implementation according to the criteria for the proposed Model New Urban Area;

b) Detailed planning at a scale of 1/500 that has been approved;

c) Approved investment project for constructing the new urban area;

d) Related documents;

e) Illustrative images according to the criteria.

2. Social survey organization:

a) The investor collaborates with the People's Committee of the district and commune managing the new urban area to establish a social survey team consisting of representatives from the investor, the People's Committee of the district and commune managing the new urban area.

b) The survey team distributes questionnaires (according to the model issued together with this Circular) to households and owners of construction projects within the new urban area. The number of questionnaires distributed should not be less than 70% of the total number of residents living and working in the new urban area.

c) The survey team classifies, compiles results, reports to the investor and the People's Committee of the district and commune managing the new urban area, clearly indicating the percentage of residents' satisfaction with the new urban area. The investor is responsible for retaining the questionnaires.

3. Evaluation of new urban areas according to the criteria for Model New Urban Areas:

a) The investor collaborates with the People's Committee of the district and commune managing the new urban area to establish an Evaluation Council consisting of representatives from the investor, the People's Committee of the district and commune managing the new urban area, and inviting representatives from the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City), the Department of Construction; representatives from the Architects Association, the Urban Development Planning Association.

b) The Council evaluates and scores as follows:

- Evaluating the investor's documents (as stipulated in Section IV.1) according to the degree of completion for each criterion specified in Section III of this Circular, with a maximum score of 15.

- Evaluating the results of the social survey regarding residents' satisfaction in the new urban area. If 100% of residents are satisfied based on the received survey responses, the maximum score is 10, otherwise, a lower score is calculated at a rate of 10% equivalent to 1 point.

Prior to the evaluation meeting, the Council may organize on-site inspections of the new urban area according to the criteria specified in Section III of this Circular.

c) Compilation of evaluation results:

- The Council scores each criterion, with the score for each criterion being the average of the scores given by the Council members.

- A Model New Urban Area must achieve a total score of 80 points or more from the six criteria plus the residents' satisfaction score obtained through the social survey, including:

+ The total score from the six criteria must not be less than 73 points and no single criterion can score below 8.

+ The minimum satisfaction score from residents must not be less than 7.

The Council records, compiles, and reports to the investor and the People's Committee of the district and commune managing the new urban area about the Council's evaluation results.

4. Proposing Recognition:

Based on the Council's evaluation results, the investor compiles the documents and submits them to the Ministry of Construction for consideration and recognition of the Model New Urban Area.

a) The document set includes:

- A letter of request;

- Documents as specified in Section IV.1;

- A summary of the social survey results as specified in Section IV.2.c;

- The Council's evaluation record and scoring as specified in Section IV.3.c;

- Written opinions and recommendations of the People's Committee of the district and commune managing the new urban area regarding the recognition of the Model New Urban Area.

b) Content of the letter of request:

- Summarize the process of implementation and quality assessment of the new urban area according to the criteria stipulated in this Circular;

- Summarize the results of the survey from residents living in the new urban area (survey results, contributions...);‎ - Summarize the opinions of the People's Committee of the district and commune managing the new urban area.

V. Ministry of Construction's Review and Recognition ‎1. Solicit opinions from the Provincial People's Committee regarding the new urban area on the proposed recognition of the Model New Urban Area. After 20 working days, if there is no reply, it shall be considered as agreement.

- Conclusions and recommendations.

2. Organize surveys and on-site reviews at the proposed Model New Urban Area. Survey and review results serve as the basis for consideration and recognition.

3. Organize the review of the application documents for recognizing the Model New Urban Area submitted by the investor to the Ministry of Construction.

4. Based on the results of the document review, survey results, and on-site inspections, the Ministry of Construction considers and issues a decision for recognition.

VI. Effective Date

1. This Circular replaces Circular No. 10/2008/TT-BXD dated April 22, 2008, guiding the evaluation and recognition of Model New Urban Areas and takes effect 15 days after its publication in the Official Gazette.

2. The recognition decision for Model New Urban Areas has a validity period of five years; one year before the end of the validity period, the competent authority will re-examine and evaluate the title.

3. During the implementation process, if there are difficulties or obstacles, please send your opinions to the Ministry of Construction for research and resolution.

Article 2. The recognition decision for Model Urban Areas shall have a validity period of five years; one year before the end of the validity period, the competent authority that issued the title of Model Urban Area shall review and re-evaluate it.

Article 3. In the course of implementation, if there are difficulties or obstacles, opinions should be submitted to the Ministry of Construction for study and resolution.