Circular No. 21/2009/TT-BXD on the establishment, examination, approval, and management of rural construction planning

CIRCULAR

Regulations on the preparation, review, approval, and management of rural construction planning

_______________________________

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

Pursuant to Decree No. 08/2005/NĐ-CP dated November 24, 2005 of the Government on construction planning;

Implementing Resolution No. 24/2008/NQ-CP dated October 28, 2008 of the Government on the Program of Action of the Government to implement the Resolution of the 7th Plenary Session of the 10th Central Committee of the Communist Party of Vietnam on agriculture, farmers, and rural areas;

To meet the criteria in the new rural area standards issued by Decision No. 491/QĐ-TTg dated April 16, 2009 of the Prime Minister,

The Ministry of Construction hereby stipulates the regulations on the preparation, review, approval, and management of rural construction planning as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the preparation, review, approval, and management of rural construction planning within the administrative boundaries of a commune.

2. The objects for preparing rural construction planning include: the network of rural residential points within the administrative boundaries of a commune, the commune center, and concentrated rural residential points.

3. Organizations and individuals related to the work of preparing, reviewing, approving, and managing rural construction planning must comply with the provisions of this Circular and other relevant legal documents.

Article 2. Organization of Preparation, Review, and Approval of Planning Tasks and Plans for Rural Construction

1. The organization of preparation, review, and approval of planning tasks and plans for rural construction shall be carried out in accordance with the Law on Construction and Decree No. 08/2005/NĐ-CP dated November 24, 2005 of the Government (hereinafter referred to as Decree No. 08/2005/NĐ-CP), except for cases where there are separate decisions by the Prime Minister.

2. The competent authority has the responsibility to approve the construction planning by written decision with contents guided in this Circular, and at the same time issue regulations on construction management according to the planning.

3. The consulting organization responsible for preparing the plan for rural construction bears responsibility for the research and economic-technical calculation content reflected in the explanatory documents and drawing files of the approved rural construction plan. The components and contents of the planning task and plan documents for rural construction are specified in the attached guidance annex to this Circular.

Article 3. Management of Rural Construction Planning

1. The authority approving the rural construction plan shall base on the approved rural construction plan to issue regulations on the management of rural construction planning. The specific contents of the regulations on the management of rural construction planning are consistent with the provisions of Article 35 of Decree No. 08/2005/NĐ-CP.

2. The People's Committee of the commune organizes the publication and public disclosure of rural construction planning in accordance with Clause 4, Article 38 and Article 39 of Decree No. 08/2005/NĐ-CP and some additional guiding contents as follows:

a) Contents for publication and public disclosure for the rural construction plan include:

- Functional zoning map:

+ Production space; living space; environmental protection space;

+ Technical infrastructure system;

+ Public works system; production service facilities;

+ New development zone, protected zone, prohibited construction zone.

- Diagram of orientation for the development of the network of concentrated residential points.

- Maps of construction planning, spatial organization of the commune center or concentrated residential points.

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

b) During the implementation of the approved rural construction planning, investment construction projects that have been and are being implemented need to be updated and published promptly and fully so that organizations and individuals can know and supervise the implementation.

3. Based on the approved boundary marker file, the setting of boundary markers, the responsibility of the organization implementing the construction boundary marking is carried out in accordance with Article 40 of Decree No. 08/2005/NĐ-CP.

4. The provision of information on construction planning is carried out in accordance with Article 41 of Decree No. 08/2005/NĐ-CP.

5. The files of planning tasks and plans for construction that have been approved include: comprehensive explanatory documents, drawings at the prescribed scale, CDs storing all content of the explanatory documents and drawings stored at the provincial, district-level construction management agencies, and the People's Committee of the commune.

Chapter II

SPECIFIC PROVISIONS

Article 4. Establishing the task of rural construction planning

1. Basis for establishing the task of rural construction planning.

Based on: potential, tasks for economic and social development, requirements for technical and social infrastructure construction, technical facilities serving production and people's livelihood in each locality, the People's Committee of the commune shall propose requirements for rural construction planning.

2. Content of the task of rural construction planning.

a) For the entire commune area: The rural planning task needs to determine boundaries, land construction scale, forecast population size within the commune and of each residential point according to each planning phase; requirements for arranging the network of residential points, public works, production service works; requirements for planning the network of technical infrastructure connecting residential points; requirements for ensuring environmental sanitation within residential points; list of drawing files.

b) For the commune center and rural residential points: The rural construction planning task needs to determine boundaries, location, contents requiring renovation and beautification in the commune center or residential points such as living areas, public service works, production service works; main economic-technical indicators regarding land construction and technical infrastructure; requirements for expanding land construction; requirements for planning technical infrastructure networks suitable with the residential point network within the commune; requirements for ensuring environmental sanitation within residential points; list of drawing files.

3. Task of adjusting rural construction planning.

a) The implementation of adjusting rural construction planning must ensure continuity, requirements, and principles needing adjustment and renovation for functional zones; list of drawing files needing adjustment.

b) During the process of preparing the rural construction planning project, if the ongoing construction planning content does not align with the approved rural construction planning task but does not change the scope, area, or nature of the planning zone, it is not necessary to re-establish the planning task. The competent authority only approves the planning task again to ensure consistency in the planning project.

Article 5. Establishing rural construction planning

1. Contents of rural construction planning for the network of residential points within the entire commune include:

a) Analyzing and evaluating the current status of natural conditions, economic and social conditions, technical infrastructure of the commune to determine driving forces for development, trends of urbanization, forecast population size, forecast land construction fund usage for each residential point, forecast difficulties and obstacles during the rural construction planning process.

b) Arranging the network of concentrated rural residential points. Functional zoning for public works systems, production service works systems.

c) Determining the network of technical infrastructure connecting concentrated rural residential points, public works, and production service works.

2. Contents of new rural construction planning for commune centers, concentrated rural residential points, and rural resettlement areas include:

a) On the basis of requirements determined in the rural residential point network construction planning within the administrative commune territory to determine specific economic-technical indicators.

b) Determining boundaries, area scale, and population, indicators for construction land, technical infrastructure, public works, services, land use structure.

c) Determining planning solutions for land use, planning systems for technical infrastructure, social infrastructure, allocating plots of land according to their functions to meet the development requirements of each planning phase and protect the environment.

d) Determining the location and scale of newly constructed public works, services, and environmental facilities such as educational, health, cultural, sports, commercial, service, solid waste collection and transfer points, cemeteries for each rural residential point.

e) Priority projects of the commune center and rural residential points established through planning.

3. Contents of rural construction planning for renovating existing commune centers and concentrated rural residential points include:

a) Determining the network of technical infrastructure works requiring renovation and upgrading.

b) Determining the contents requiring renovation and beautification, rural living areas, public service works systems. Requirements for expanding construction land. Contents must meet population size, ecological landscape, environmental, boundary scope indicators.

c) Expanding the commune center or concentrated rural residential points must be consistent with population size, capacity, and development resources in each phase.

Article 6. Adjustment Plan for Rural Construction Planning

The adjustment of rural construction planning shall be carried out in accordance with the provisions of Article 37 of Decree No. 08/2005/NĐ-CP and some specific guidance as follows:

1. The adjustment of the rural construction planning plan shall be implemented in the following cases:

a) For communes that have approved rural construction planning but have not met the criteria for new rural areas as stipulated in the New Rural Criteria issued together with Decision No. 491/QĐ-TTg dated April 16, 2009 of the Government (hereinafter referred to as Decision No. 491/QĐ-TTg), the People's Committees at all levels need to organize the adjustment of rural construction planning to make it appropriate.

b) During the implementation of rural construction planning, changes in policies and guidelines occur, affecting the forecasts of the rural construction planning.

c) Geographic changes such as administrative boundary changes, landslides, floods, earthquakes, and other factors influencing the forecasts on economic and social development of the locality.

2. The authority responsible for approving rural construction planning decides on the time limit and content of the adjustment of rural construction planning.

3. When adjusting rural construction planning, focus should be placed on the contents to be adjusted. Clearly define the requirements for renovation and beautification to propose adjustments to land use indicators, spatial organization solutions for each area, infrastructure and public service improvement solutions, and services suitable to the locality's capacity, resources, and development needs.

Article 7. Soliciting Opinions on Rural Construction Planning Plans

1. During the preparation of the rural construction planning plan, the consulting organization is responsible for coordinating with local authorities to solicit opinions from organizations and individuals in the planning area through meetings, direct exchanges, or distributing opinion forms regarding the planning content so that the people can easily access and provide feedback. All contributions must be fully compiled and reported to the competent authority for consideration before approval.

2. Based on the results of soliciting opinions and the planning task and plan files, the authority responsible for approving the construction planning decides on selecting the planning construction scheme.

Article 8. Submission, Review, and Approval of Tasks and Plans for Rural Construction Planning

1. Submitting Authority.

The People's Committee of the commune is the authority submitting to the People's Committee of the district for approval of tasks and plans for rural construction planning.

2. Reviewing Authority.

The construction management agency at the district level is responsible for reviewing tasks and plans for rural construction planning.

3. Approving Authority.

The People's Committee of the district is the authority approving tasks and plans for rural construction planning.

Article 9. Components of the File for Approval of Tasks and Plans for Rural Construction Planning

1. The file for approval of the planning task includes: the proposal for approval, related legal documents, and the planning task file.

2. The file for approval of the planning plan includes: the proposal for approval, related legal documents, and the planning plan file.

3. The minimum number of files for review and approval is three sets.

Article 10. Content of approval for rural construction planning tasks and projects

1. The content of the decision to approve the rural construction planning task includes:

a) Requirements for research on: Boundaries, scale of area and population forecast of the commune at each planning stage;

b) Requirements and principles regarding: functional zoning (production space, living space, restricted construction areas, prohibited construction areas, conservation areas, etc.); network of commune centers, concentrated rural residential areas; system of key facilities and technical infrastructure systems, public works and services within the entire commune.

c) Requirements and principles for renovation, beautification, and expansion of residential areas and public service facilities.

d) Indicators related to population, land, technical infrastructure, social infrastructure of the commune center and concentrated residential areas.

e) List, number of project files, implementation budget for the project.

f) Project implementation schedule.

2. The content of the decision to approve the rural construction planning project includes:

a) For the planning of the network of rural residential areas throughout the commune:

- Boundaries, area, population size, construction land fund, and indicators related to land and technical infrastructure, environmental protection for the entire commune, commune center, and network of concentrated residential areas.

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

- Determination of the network of technical infrastructure projects for the entire commune.

- Key construction projects planned for investment and construction throughout the commune.

b) For the commune center and concentrated rural residential areas:

- Functional zoning structure, construction land fund, spatial organization solutions and technical infrastructure of the commune center, concentrated residential areas. Areas with development potential.

- Renovation, beautification, or new construction content suitable for the economic and social development capacity, characteristics, and requirements of the commune center, concentrated residential areas according to each planning stage.

- Scale and location of newly constructed public works, services, and environmental facilities such as educational, health, cultural, sports, commercial, service, solid waste collection and transfer points, cemeteries for each rural residential area.

Chapter III

IMPLEMENTATION

Article 11. Responsibilities of People's Committees at All Levels

At all levels, People's Committees shall perform state management functions in construction planning in accordance with Article 54 of Decree No. 08/2005/NĐ-CP.

Article 12. Implementation Organization

1. This Circular replaces the relevant sections concerning guidance on the preparation, review, approval, and management of rural construction planning at Section IV Part II; Clause 1, Clause 2 Section I Part IV; Clause 1, Clause 2 Section II Part IV; Clause 3 Section I Part V; Clause 4 Section II Part V; Clause 3 Section III Part V of Circular No. 07/2008/TT-BXD dated April 7, 2008 of the Ministry of Construction.

2. The construction management agencies at the district level shall report in writing to the Department of Construction or the Department of Planning and Architecture (Hanoi and Ho Chi Minh City) every six months and annually on the plan, program for preparing rural construction planning and the situation of managing and implementing rural construction planning on their respective territories.

3. The Department of Construction or the Department of Planning and Architecture (Hanoi and Ho Chi Minh City) shall be responsible for regular and periodic inspections of the preparation of rural construction planning and its implementation according to approved rural construction planning and report to the Ministry of Construction.

4. The Department of Architecture and Construction Planning - Ministry of Construction shall assist the Minister of Construction in guiding, monitoring, and inspecting the implementation of this Circular. Any difficulties encountered during implementation shall be reported to the Ministry of Construction for consideration and resolution.

5. This Circular takes effect from August 15, 2009./.