Circular No. 34/2009/TT-BXD detailing certain contents of the Government's Decree No. 42/2009/NĐ-CP dated May 7, 2009 on urban classification

✦ Tóm lược thông minh

Circular No. 34/2009/TT-BXD details certain contents of the Government's Decree No. 42/2009/NĐ-CP on urban classification, including criteria, point calculation methods, and project proposal files. This Circular applies to competent authorities in establishing urban classification projects.

Đối tượng áp dụng

Competent authorities (such as provincial/municipal People's Committees) in establishing urban classification projects, the Urban Development Department under the Ministry of Construction, and Construction Departments of provinces/cities directly under the Central Government.

Các điểm cốt lõi

Competent authorities → determine the functions and roles of cities within the national urban system and the specialized/comprehensive nature of the cities (Article 2.1).
Competent authorities → establish urban classification projects based on criteria such as population size, population density, non-agricultural labor ratio, infrastructure systems, and urban landscape architecture (Article 2.2-6).
Competent authorities → calculate points for urban classification according to each criterion with a minimum total score of 70 out of 100 (Article 3).
Competent authorities → submit urban classification project files including the application letter, the project proposal, appendices, and video recordings (Article 4).
Competent authorities → develop urban development programs according to the approved general master plan (Article 5)

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Positive impact: Creates a scientific basis for urban classification, helping to accurately define the functions and roles of cities within the national urban system.
Negative impact: Time and cost burdens on units establishing urban classification projects.

❓ Câu hỏi thường gặp

Which authority is responsible for determining the functions and roles of cities?

Provincial/Municipal People's Committee or local competent authority.

What is the minimum total score required for urban classification?

70 out of 100 points (Article 3).

What must be included in the urban classification project file?

The application letter, the project proposal, appendices, and video recordings (Article 4).

Which authority is responsible for implementing this Circular?

The Minister, Heads of Ministries equivalent to Ministries, Heads of government agencies, Chairmen of Provincial People's Committees, and Chairmen of Municipal People's Committees directly under the Central Government (Article 6).

When does this Circular take effect?

Effective 45 days from the date of issuance (Article 6).

Toàn văn

CIRCULAR

Detailed provisions on certain contents of Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on classification of urban areas

___________________________________

Pursuant to 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. 42/2009/NĐ-CP dated May 7, 2009 of the Government on classification of urban areas;

The Ministry of Construction provides detailed provisions on certain contents of Decree No. 42/2009/NĐ-CP dated May 7, 2009 as follows:

Article 1. Interpretation of terms

In this Circular, some terms are understood as follows:

1. Urban area: is a concentrated residential area with high population density and mainly engaged in non-agricultural economic activities, serving as a political, administrative, economic, cultural, or specialized center, playing a role in promoting national or regional territorial socio-economic development, including the inner city and outer city of a city; the inner town and outer town of a town; and a township.

2. Total urban population: is the population of the inner town and the outer town.

Article 2. Criteria for classifying urban areas

When preparing a proposal to classify urban areas, it is necessary to determine based on specific indicators of the following criteria:

1. Urban function:

Indicators reflecting the function of an urban area include:

a) The position and role of the urban area in the national urban system: determined based on the overall planning for the development of the national urban system, inter-provincial region planning, provincial region planning, inter-district region planning, and district region planning;

b) The nature of the urban area:

- An urban area is a comprehensive center when it has multiple functions such as administrative-political, security, defense, economy (industry, services, tourism), education, scientific research;

- An urban area is a specialized center when it has prominent functions that are more significant than other functions and play a decisive role in the nature of the urban area, such as industrial cities, tourist cities, scientific research cities, educational cities, port cities;

- A comprehensive center of a province, inter-provincial region, or a specialized center of an inter-provincial region or the entire country.

The method for determining whether an urban area is specialized or comprehensive within a system of urban areas is based on the specialization index calculated using the following formula:

C_E= (E_ij/ E_{9. Travel distance is the distance traveled without using mechanical means (cars, motorcycles, motorboats) to reach locations for implementing technical forest management measures and patrolling to protect forests.}) : (E_i/ E) (1)

Where:

C_E: Specialization index (if C_E ≥ 1 then that urban area is a specialized center of industry i);

E_ij : Labor force in industry i working in urban area j;

E_{9. Travel distance is the distance traveled without using mechanical means (cars, motorcycles, motorboats) to reach locations for implementing technical forest management measures and patrolling to protect forests.} : Total labor force in all industries working in urban area j;

E_i : Total labor force in industry i in the system of urban areas under consideration;

E : Total labor force in the system of urban areas under consideration.

In cases where there is insufficient data to calculate the specialization index C_E, the nature of the urban area can be determined according to the general planning project approved by the competent state authority.

c) Economic and social indicators of the urban area:

Economic and social indicators of the urban area are determined within the administrative boundaries of the urban area:

- Total budget revenue on the territory (billion VND/year): Total budget revenue on the territory includes local budget revenue shared at 100%, local budget revenue shared according to the percentage between the central budget and the local budget, and additional revenue from higher-level budgets;

- Total budget expenditure (billion VND/year): including investment development expenditure, regular expenditure, interest and principal payments, funds for investment mobilization; supplementary financial reserve fund expenditure, supplementary lower-level budget expenditure, expenditure transferred from previous years, and other expenditure tasks;

- Budget revenue and expenditure balance;

- Average annual income per capita compared to the whole country (times);

- Average economic growth rate over the last three years (%);

- Poverty rate as stipulated by current regulations (%);

- Annual population growth rate (%) including natural increase and mechanical increase excluding population increase due to expansion of administrative boundaries in the inner town area.

2. Total urban population size

a) The total urban population size includes permanent residents and temporary residents converted in both the inner town and outer town areas, calculated using the following formula:

N = N₁+ Commercial₂ (2)

Where:

N: Total urban population (people).

N |||₁: Population of the inner town area (people);

N |||₂: Population of the outer town area (people);

- The population size of the inner town area (N₁) and the outer town area (N₂) includes permanent resident population and temporary resident population converted:

Temporary residents for six months or more are counted as permanent residents, those less than six months are converted to urban population using the following formula:

N |||₀= (2Nt x m) : 365 (3)

Where:

N |||_° : Number of temporary residents converted to urban population (people);

N |||_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Total number of visitors staying temporarily in the inner town and outer town areas for less than six months (people);

m: Average number of days a visitor stays temporarily (days).

b) The urbanization rate of the urban area (T) is calculated using the following formula:

T= (N_n/ N) x 100 (4)

Where:

T: Urbanization rate of the urban area (%);

N |||_{For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: Total population of the inner town areas within the administrative boundaries of the urban area (people);

N: Total urban population (people).

3. Urban population density

Urban population density reflects the degree of population concentration in the inner town area and is calculated using the following formula:

D = N₁ / S (5)

Where:

D: Urban population density in the inner town area (people/km²);

N |||₁: Converted population of the inner town area (people);

S: Area of land for urban construction in the inner town area excluding natural areas such as mountains, water bodies, green spaces (ecological zones, nature reserves ranked by biological value...), and areas prohibited from construction (km²).

4. Proportion of non-agricultural labor force

a) Non-agricultural labor force in the urban area: is labor in the inner town area belonging to national economic sectors such as industry, construction, transportation, postal service, commerce, supply of materials, public services, tourism, science, education (students and trainees are not included in the workforce), culture, art, health, insurance, sports, finance, credit, banking, state management, and other labor not belonging to agricultural production, fisheries (salt workers, fishermen, forestry workers are considered non-agricultural labor);

b) The proportion of non-agricultural labor force in the inner town area is calculated using the following formula:

K=(E₀/ E_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}) x 100 (6)

Where:

K: Proportion of non-agricultural labor force in the urban area (%);

E_°: Number of non-agricultural labor force in the inner town area (people);

E_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Number of labor force working in economic sectors in the inner town area (people).

5. Criterion 5: Urban infrastructure system

a) The social infrastructure system includes: housing, service facilities, commercial facilities, healthcare facilities, cultural facilities, educational facilities, training facilities, scientific research facilities, sports and physical education facilities, and other public benefit facilities;

b) The technical infrastructure system includes: transportation, power supply and public lighting, water supply systems, drainage systems, green parks, waste treatment, cemeteries, information, postal and telecommunications services;

- When constructing the main traffic axes of the city, it must ensure the synchronous investment in other technical infrastructure works such as: water supply, drainage, information, postal and telecommunications, power supply, lighting, greenery;

- The suburban area must be invested in and constructed according to the approved planning ensuring the synchronization of technical and social infrastructure works in residential areas; the framework infrastructure network connecting urban and suburban areas and surrounding regions; key technical infrastructure works; ecological landscape protection and priority agricultural development zones;

6. Urban architecture and landscape

Urban architecture and landscape are evaluated based on the following criteria:

a) There is an urban planning and architectural management regulation or an urban planning and architectural management regulation for each urban area that has been approved. The urban development construction is appropriate and complies with the urban planning and architectural management regulations;

b) There is a newly built urban area that is synchronized; there is a newly recognized model urban area; the urban renovation and beautification area has residential zones and streets;

c) There are civilized urban streets: having harmonious street architecture, sufficient sidewalk paving; ensuring urban aesthetics regarding lighting, greenery, resting points, sunshades, fence walls, signs, advertisements, sales locations, parking spaces; the communication and telecommunication lines, lighting wires, and household power supply lines are buried underground;

d) There are urban public spaces including community activity spaces, parks, flower gardens, squares, pedestrian zones organized as open spaces, with recreational and entertainment facilities serving the spiritual life of urban residents;

đ) There are representative architectural works, historical and cultural sites, heritage sites, scenic spots with national or international significance, or those recognized by competent state agencies, professional associations, or international organizations;

Article 3. Method of Calculating Points for Urban Classification Evaluation

1. Principles for Point Calculation

a) The total score of the six criteria must reach at least 70 out of 100 points;

b) Each criterion within each standard is scored using interpolation within the range between the maximum and minimum prescribed levels. Extrapolation beyond the maximum prescribed level is not considered, and zero points are given for criteria that do not meet the minimum prescribed level;

2. Points for Each Standard

The points for each classification standard are determined specifically as follows:

a) Standard 1: Urban function reaches a maximum of 15 points;

b) Standard 2: Total population size of the city reaches a maximum of 10 points;

c) Standard 3: Urban population density reaches a maximum of 5 points;

d) Standard 4: Proportion of non-agricultural labor force reaches a maximum of 5 points;

đ) Standard 5: Urban infrastructure system reaches a maximum of 55 points;

e) Standard 6: Urban architecture and landscape reach a maximum of 10 points;

The evaluation of the six classification standards is detailed in Appendices 1 to 6 issued together with this Circular.

Article 4. Urban classification project dossier

1. Dossier for review and approval

a) The proposal from the competent authority (as stipulated in Article 17 of Decree No. 42/ND-CP on urban classification);

b) The urban classification recognition proposal

- Explanation section of the proposal:

+ Reasons and necessity;

+ Overview of the historical process, formation, and development of the urban area;

+ Evaluation of current urban development status and quality of urban infrastructure works;

+ Summary of urban classification criteria and evaluation;

+ Summary report on the implementation of the Urban Development Program;

+ Conclusions and recommendations.

- Appendices:

+ Legal documents: Resolution of the Provincial People's Council approving the urban classification project and related documents;

+ Tables and statistical data related to the project;

+ Reduced-size drawings (A3): including regional location diagram (one drawing); Administrative boundary map of the urban area (one drawing); Current urban construction map and locations of ongoing projects (one drawing); Spatial development orientation diagram (one drawing); Short-term phase planning map (two drawings showing land use planning and technical infrastructure system planning contents).

- Urban development program

c) Video or image disc about the urban development situation being proposed for classification (approximately 20 to 25 minutes);

d) Drawing dossier for review report: one set of drawings at the correct scale (drawing list specified in point b of this clause and other illustrative drawings if necessary).

2. Dossier retained by the reviewing agency

a) Related documents;

b) Decision recognizing the urban type issued by the competent authority;

c) Proposal for recognizing the urban type;

d) CD (or VCD) storing all textual and drawing parts of the proposal;

đ) DVD containing illustrative film.

Article 5. Urban Development Program

Contents of the urban development program include:

1. Summary of the general urban planning project, clearly identifying priority investment programs and plans, and anticipated resources for implementation according to the approved general urban plan;

2. Evaluation of current investment and construction management activities, urban development, clearly identifying approved investment and construction projects with investors, ongoing projects, and projects calling for investment; comparing the current urban situation with urban classification standards;

3. Recommendations for implementation measures and steps to upgrade the urban type.

Article 6. Implementation Organization

1. The Minister, Heads of Ministries equivalent to Ministries, agencies under the Government, Chairmen of Provincial People's Committees, and municipal people's committees directly under the central government are responsible for implementing this Circular;

2. The Urban Development Department of the Ministry of Construction is responsible for assisting the Minister of Construction in monitoring and compiling the situation of urban classification work and urban development programs according to the provincial people's committee-approved plans;

3. Construction Departments of provinces and centrally-administered cities, Planning and Architecture Departments of Hanoi City and Ho Chi Minh City are responsible for assisting the provincial people's committees in reviewing and evaluating the urban classification situation, proposing annual and five-year plans for urban classification work and urban development programs within their jurisdictions, and annually reporting to the Ministry of Construction for compilation and reporting to the Government;

4. This Circular takes effect 45 days from the date of issuance;

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

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34/2009/TT-BXD

Circular No. 34/2009/TT-BXD detailing certain contents of the Government's Decree No. 42/2009/NĐ-CP dated May 7, 2009 on urban classification

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Tiếng Việt Thông tư số 34/2009/TT-BXD Quy định chi tiết một số nội dung của Nghị định 42/2009/NĐ-CP ngày 07/5/2009 của Chính phủ về việc phân loại đô thị 한국어 시행규칙 제 34/2009/TT-BXD는 정부령 제 42/2009/NĐ-CP일로부터 도시 분류에 관한 몇 가지 세부 내용을 규정함 中文通知第34号/2009/TT-BXD详细规定了2009年5月7日政府第42/2009/NĐ-CP号法令关于城市分类的若干内容

Circular No. 34/2009/TT-BXD detailing certain contents of the Government's Decree No. 42/2009/NĐ-CP dated May 7, 2009 on urban classification

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