DECREE

Detailed regulations on certain provisions of the Resolution on classification of urban areas

 Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

Pursuant to the Urban and Rural Planning Law No. 47/2024/QH15, amended and supplemented by Law No. 144/2025/QH15;

Pursuant to Resolution No. 111/2025/UBTVQH15 of the Standing Committee of the National Assembly on classification of urban areas;

At the proposal of the Minister of Construction;

The Government issues this Decree detailing certain provisions of the Resolution on classification of urban areas.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

Article 1. This Decree details certain provisions of Resolution No. 111/2025/UBTVQH15 dated December 24, 2025 of the Standing Committee of the National Assembly on classification of urban areas (hereinafter referred to collectively as Resolution No. 111/2025/UBTVQH15), including:

a) Clause 4, Article 10 on procedures and formalities for establishing, reviewing, recognizing types of urban areas, levels of urban development, and funding for establishing, reviewing, and recognizing types of urban areas, levels of urban development;

b) Article 11 on urban development according to criteria and standards for classifying urban areas.

For smart urban development, it shall be carried out in accordance with the laws on smart urban development.

Article 2. Scope of Application

Organizations, individuals, state management agencies in the process of building and implementing programs and plans for urban development, recognizing types of urban areas, recognizing levels of urban development, green growth urban development, climate change adaptation, and sustainable development, and other related organizations and individuals.

Article 3. Explanation of terms

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

1. Existing urban area means urban areas that have been recognized or determined as types of urban areas by competent authorities in accordance with Resolution No. 111/2025/UBTVQH15.

2. Expanded urban area means existing urban areas and adjacent expansion zones with boundaries defined according to the general urban planning approved by competent authorities.

3. Green growth urban development means the planning and investment in urban construction ensuring contents related to green growth, green infrastructure, green spaces, and green buildings as stipulated in this Decree, suitable for each region, locality, and urban area at different stages.

4. Criteria for green growth urban development are criteria specified in this Decree to determine urban development meeting requirements for green growth in different regions, localities, and areas.

5. Green infrastructure in urban areas is a system of infrastructure planned, invested in, operated, and managed, including technical infrastructure, social infrastructure, and green spaces in urban areas aimed at preserving the values and functions of ecosystems and improving the quality of life for residents in urban areas.

6. Green space in urban areas is part of the social infrastructure within urban areas, comprising parks, greenery, water bodies, public spaces planned, invested in, rationally arranged, ensuring environmental hygiene and sustainable development.

7. Green building is a construction project designed, constructed, and operated to meet criteria and standards for efficient energy use, resource conservation, ensuring convenience and quality of living environment inside the building, and protecting the external environment outside the building in accordance with the Construction Law.

8. Climate change adaptive and sustainable urban development means the renovation, upgrading, or new development of urban areas in compliance with principles and requirements for climate change adaptation as stipulated in this Decree, ensuring suitability for different regions, localities, and areas, protecting environmental resources, and enhancing the quality of life for residents in urban areas, meeting the goal of sustainable development.

Article 4. Principles for Urban Development

1. In accordance with provincial and municipal planning, urban and rural planning at each level of planning, consistent with urban development programs and plans for each period, and specific conditions of each locality, region, and area.

2. Urban development activities, including urban renovation, beautification, expansion, and new urban development, must ensure national defense and security, and meet green growth criteria, climate change adaptation requirements, disaster prevention, and sustainable development as stipulated in this Decree and relevant laws; urban planning must be linked to water resource protection, ensuring minimum flow maintenance, and not exceeding underground extraction limits as prescribed by laws on water resources.

3. Efficient exploitation and utilization of land; application of science, technology, and innovation, international cooperation in urban management, investment, and development activities; synchronized connection of technical infrastructure, social infrastructure, and digital infrastructure, ensuring modern and civilized urban development; evaluation and classification of cities shall be carried out according to Resolution No. 111/2025/UBTVQH15 and this Decree.

4. Urban development must meet the requirements of preserving and conserving distinctive urban values regarding history, tradition, heritage, and valuable architectural works; maintaining and developing green spaces, water surfaces, natural landscapes, environmental protection, flood escape corridors, dike protection, and compliance with relevant laws; creating a good living environment for urban residents, ensuring harmonious community, state, and investor interests.

5. Based on specific local conditions, the Provincial People's Committee decides to include urban development plan contents in the urban development program or develop a separate plan; if included in the program, it must comply with the contents and requirements specified in Article 7 of this Decree; if a separate plan is developed, it shall be implemented according to the provisions of Articles 7 and 8 of this Decree.

6. Central cities and economic-social regions determine the urbanization rate in accordance with legal regulations on statistical indicators within the national statistical system and as stipulated in Resolution No. 111/2025/UBTVQH15.

 

Chapter II

URBAN DEVELOPMENT PROGRAMS AND PLANS

 

Article 5. Urban Development Program

1. An urban development program is established for provinces and cities (including Hanoi and Ho Chi Minh City) for a ten-year period, serving as a basis for implementing investments and developing the urban system of the province or city, and forecasting resources to serve urban development throughout the province or city during the program period.

2. The establishment of an urban development program must meet the following requirements:

a) Consistent with provincial and municipal planning, urban and rural planning, national-level plans, regional plans, socio-economic development strategies, economic zone development planning, land use planning related to urban development, and the actual capacity to mobilize resources at the local level;

b) Meeting requirements for smart city development, green growth, climate change adaptation, sustainable development, and disaster prevention as stipulated.

3. An urban development program includes the following contents:

a) Evaluation of current urban development status, achievements, difficulties, and obstacles encountered in implementing the previous urban development program;

b) Objectives and directions for urban development during the implementation period of the program;

c) Number, list, and types of existing cities; projected urban development indicators, schedule for recognizing new cities, upgrading city categories, expanding cities (if applicable) during the program period. Projected national-level construction projects or those serving regional and international activities (if applicable); urban technical infrastructure and social infrastructure projects; determination of contents related to urban infrastructure construction and spatial organization to complete urban classification criteria or improve them beyond the stipulated standards;

d) Contents, tasks, and solutions for organizing green growth, climate change adaptation, sustainable development, and disaster prevention as required by law and local realities; solutions concerning planning, mechanisms, resources, finance, credit, administrative procedures, and other relevant tasks and solutions suitable to local conditions; projected implementation time; responsibility for implementation organization.

If there are contents related to central mechanisms or resources, the program must propose specific mechanisms, agencies responsible for resource allocation, and implementation time.

e) Other contents based on local realities.

4. For provinces expected to become type I cities, in addition to the contents stipulated in Clause 3 of this Article, the urban development program must also supplement objectives, tasks, solutions, timelines, and responsibilities of relevant agencies in urban development investment to meet the criteria and standards of type I cities as stipulated in Resolution No. 111/2025/UBTVQH15.

5. Based on local conditions, the Provincial People's Committee may incorporate programs and projects on urban renovation, beautification, and climate change-adapted urban development into the urban development program established under this Decree or develop separate programs and projects; if separate programs and projects are developed, they shall be implemented like other programs and projects according to relevant laws and local regulations; if incorporated into the urban development program, clear areas, locations, scope, objectives, main contents, tasks, solutions, responsibilities of relevant agencies, funding, and implementation schedules must be determined.

Article 6. Procedures for Developing Urban Development Programs

1. Urban development programs may be developed concurrently with the process of establishing and approving provincial planning, city planning, and urban and rural planning, but must be approved after the provincial planning, city planning, and overall city planning have been approved.

2. The procedures for developing and approving urban development programs are as follows:

a) The Construction Department prepares a report proposing the development of an urban development program and requests approval from the Provincial People's Committee. The proposal includes: the leading agency, the agencies and units responsible for implementing the program, the estimated implementation time, the budget for program development, and the method for selecting the implementing unit; within a maximum of ten working days from the date of receiving the Construction Department’s report, the Provincial People's Committee reviews and approves it; if not approved, a written response stating the reasons must be provided.

b) After the Provincial People's Committee issues a decision to approve, the Construction Department can directly develop the program or hire a consulting unit experienced in developing programs and projects to implement it; if hiring a consulting unit, the provisions of the law on bidding shall apply. The urban development program is established according to the outline specified in Model No. 01 issued together with this Decree; ANNEX I ||| I

c) After completing the draft urban development program, the Construction Department sends it to relevant departments, specialized agencies under the province or city, People's Committees of wards or special administrative-economic zones identified as urban areas or communes or special administrative-economic zones expected to become urban areas (hereinafter referred to collectively as the People's Committee at the commune level), and other related agencies as required by the Provincial People's Committee; in the document sent for comments, the content of each agency's comments must be clearly defined according to their assigned functions and tasks; within a maximum of five working days from the date of receiving the Construction Department’s document, the agencies and organizations must provide a written response;

d) Within a maximum of ten working days from the date of receiving the comment document, the Construction Department completes the program and submits one set of files including: the proposal, the draft program attached, and a summary table of explanations and adoption of comments to the Provincial People's Committee;

đ) The Provincial People's Committee submits a proposal on the urban development program and a summary table of explanations and adoption of comments to the Provincial People's Council for approval; the time for submission and approval at the Provincial People's Council shall be carried out in accordance with the regulations on the operation of the Provincial People's Council;

e) Within a maximum of five working days from the date of the Provincial People's Council resolution, the Provincial People's Committee issues a decision to approve the program according to Model No. 02 issued together with this Decree; Appendix I e) |||

g) Within a maximum of three working days from the date of signing the decision to approve the urban development program, the Provincial People's Committee publicly posts the program on its electronic portal, simultaneously sending the program to the Construction Department for posting on its electronic portal, and submitting one copy to the Ministry of Construction for monitoring and urging implementation within its authority.

3. After five years of implementing the urban development program or when there is a change in planning that necessitates changes to some parts of the program, the Provincial People's Committee must review and adjust the program accordingly.

In cases where the urban development program needs to be adjusted, based on the adjustment proposals submitted by the Construction Department, the Provincial People's Committee will consider and decide; if adjustments are necessary, the Provincial People's Committee will organize the development of an adjustment program and seek opinions from the Standing Body of the Provincial People's Council before approving the adjustment. Hiring a consulting unit to develop the adjustment program, soliciting opinions from related agencies and organizations in the province or city, and the time for making adjustments are decided by the Provincial People's Committee but shall not exceed four months from the date of receiving the program adjustment proposal from the Construction Department; this period does not include the bidding time for selecting a consulting unit (if applicable).

In cases where a change in planning leads to a need to change all contents of the urban development program, a new program shall be developed in accordance with Clause 2 of this Article.

4. During the mid-term of the urban development program, the Provincial People's Committee is responsible for organizing a mid-term review to assess and propose adjustments to the program (if necessary). At least nine months before the end of the program term, the Provincial People's Committee is responsible for organizing a final evaluation to develop the program for the next phase and reporting the results to the Ministry of Construction for monitoring.

Article 7. Urban Development Plan

1. The urban development plan shall be developed and applied to each ward, special administrative-economic zone identified as an urban area, or commune, special administrative-economic zone expected to become an urban area, according to the approved urban development program (including localities under Hanoi Capital and Ho Chi Minh City), serving as a basis for forecasting resources and organizing the implementation of urban development investment on the territory in accordance with the corresponding urban development classification level.

2. The urban development plan shall be established for a five-year period and must be consistent with the urban and rural planning established for the locality, consistent with the urban development program, other specialized plans related to urban development on the territory, and the actual capacity to mobilize resources at the locality.

3. The urban development plan shall include the following contents:

a) Evaluation of the current status of urban development based on urban classification criteria and standards; determination of priority investment, renovation, refurbishment, or new development contents to meet urban development classification criteria and standards as prescribed and other commune-level statistical indicators related to urban development decided by the locality during the planning period;

b) Forecasting urban development indicators; forecasting investment projects for technical infrastructure and social infrastructure systems on the territory (including city-level projects under the responsibility of provincial or central-level construction investment) to complete urban classification criteria and standards or improve them beyond the prescribed requirements or to meet the requirements for upgrading urban classification levels (if applicable); in cases where there are city-level projects on the territory, the plan must clearly specify the responsibility for implementing these projects at the provincial or central level;

c) Requirements and solutions for developing smart cities, green growth, adapting to climate change, sustainable development, and ensuring disaster prevention and control requirements as prescribed; solutions and tasks for implementing urban development according to urban classification criteria and standards;

d) For existing urban areas, expanded urban areas, and new urban areas, it is necessary to determine urban development investment projects that comply with approved planning, establish a timeline for project implementation, and identify support mechanisms, policies, and resource mobilization methods for project investment (if applicable); for special administrative-economic zones identified as urban areas or communes expected to become urban areas, it is necessary to determine objectives, tasks, solutions, and timelines to meet urban classification requirements as prescribed and develop appropriate coordination and management mechanisms for special administrative-economic zones identified as urban areas or those expected to become urban areas;

đ) Forecasting financial resources for implementation, including specific state investment resources, comprising central budget, provincial budget, commune budget, and other lawful capital sources as prescribed (if applicable);

e) Specific solutions and other contents to ensure the implementation of the plan is consistent with the actual situation of the locality.

4. In cases where a smart urban development plan is established in accordance with laws on smart urban development, the contents regarding smart urban development shall not be included in the urban development plan as stipulated in this Decree.

Article 8. Procedures and formalities for developing urban development plans

1. The development of urban development plans may be carried out concurrently with the development of urban development programs and shall be approved after the urban development program has been approved.

2. The procedures and formalities for developing urban development plans shall be implemented as follows:

a) The People's Committee of communes as defined in Clause 1, Article 7 of this Decree shall prepare a report proposing the development of an urban development plan and request approval from the provincial People's Committee. The proposal shall include: the leading agency, the agencies and units responsible for implementing the plan, the expected implementation time, the budget estimate for developing the plan, and the method for selecting the implementing unit; within a maximum period of 10 working days from the date of receipt of the commune People's Committee's report, the provincial People's Committee shall examine and approve the proposal, and if it does not approve, it must provide a written response stating the reasons.

b) After the provincial People's Committee issues a decision to approve, the commune People's Committee can directly develop the plan or hire a consulting unit with experience in developing programs, plans, and projects to implement the plan; in the case of hiring a consulting unit, the provisions of the law on bidding shall apply. The urban development plan shall be developed according to the outline specified in Model No. 03 of Appendix I attached to this Decree.

c) After completing the draft urban development plan, the commune People's Committee shall send it to relevant departments and specialized agencies at the provincial level for comments; in the document requesting comments, the specific content for each agency to comment based on their assigned functions and tasks must be clearly stated; within a maximum period of 5 working days from the date of receipt of the document, the agencies and organizations requested to comment must provide a written response.

d) Within a maximum period of 10 working days from the date of receipt of the comments document, the commune People's Committee must complete the plan and submit one set of files including: the report, the draft plan, and a summary table of responses and adopted comments to the People's Council at the same level for consideration and approval; the time for submission and approval at the commune People's Council shall be carried out according to the operational regulations of the People's Council.

đ) Within a maximum period of 10 working days from the date of the People's Council resolution, the commune People's Committee shall prepare one set of files as stipulated in Clause 3 of this Article to submit to the provincial People's Committee for approval; within a maximum period of 7 working days from the date of receipt of the submitted file, the provincial People's Committee shall examine and issue a decision to approve the urban development plan according to Model No. 04 of Appendix I attached to this Decree; if it does not approve, it must provide a written response stating the reasons.

e) Within a maximum period of 3 working days from the date of receipt of the provincial People's Committee's decision approving the urban development plan, the commune People's Committee shall publicly post the plan on the commune People's Committee's electronic portal, and simultaneously send it to the Construction Department and the provincial People's Committee for monitoring, management, and implementation according to their authority.

3. The files submitted to the provincial People's Committee for approval of the urban development plan shall include: the report of the commune People's Committee, the draft urban development plan, the summary table of responses and adopted comments, and the resolution of the People's Council approving the plan.

4. In cases where there are adjustments to the urban development program or the urban and rural planning that require changes to some contents of the urban development plan, the commune People's Committee shall develop the adjustment content and submit it to the provincial People's Committee for examination and approval of the adjustment or approval of the adjustment if authorized according to Clause 6 of this Article; the maximum time for implementing the plan adjustment is 3 months; in cases where a consulting unit is hired to develop the plan adjustment, the commune People's Committee shall examine and decide according to the law on bidding; the time for selecting the consulting unit shall not be included in the time for developing and approving the plan as stipulated in this clause.

In cases where there are changes to the urban development program or adjustments to the urban and rural planning that require a complete change in the contents of the urban development plan, the commune People's Committee shall develop a new plan according to the provisions of Clause 2 of this Article.

5. During the mid-term of the urban development plan, the commune People's Committee shall organize a mid-term review to assess and propose adjustments to the plan (if necessary). At least 6 months before the end of the urban development plan period, the commune People's Committee shall organize a final assessment to build the plan for the next phase and report the results to the Construction Department for monitoring and urging implementation.

6. In cases where the provincial People's Committee delegates the approval of the urban development plan to the commune People's Committee according to the law on local administrative organization, the commune People's Committee shall implement the provisions of Points b, c, d, and e of Clause 2 of this Article. The approval decision shall be made according to Model No. 04 of Appendix I attached to this Decree.

7. Annually, the Construction Department shall select localities to survey and evaluate the implementation of urban development plans to request localities to take measures to effectively implement the plans on their territory.

Chapter III

GREEN URBAN DEVELOPMENT, ADAPTING TO CLIMATE CHANGE, TOWARDS SUSTAINABLE DEVELOPMENT GREEN URBAN DEVELOPMENT, ADAPTING TO CLIMATE CHANGE, TOWARDS SUSTAINABLE DEVELOPMENT

Section 1

GREEN URBAN DEVELOPMENT

 

Article 9. General Requirements for Green Urban Development

1. Green urban development must be consistent with the National Strategy on Green Growth, national and local economic and social development orientations, strategies, and plans.

2. In urban and rural planning projects, there must be content surveying, evaluating, and solutions for green urban development as specified in the national technical standards on planning; in urban development programs and plans, there must be contents on green urban development as stipulated in Articles 5 and 7 of this Decree.

3. Activities for green urban development shall be implemented and operated based on the application of information technology, digital transformation, and other information systems ensuring integration, connectivity, sharing, and efficient use of data throughout the urban system.

4. Information provision organizations shall enhance awareness and capacity of relevant organizations and individuals, allocate resources, promote public-private partnerships, and encourage participation of citizens, businesses, and related parties in green urban development.

5. For criteria for green urban development prescribed in Article 11 of this Decree that fall under the classification criteria and standards for cities as defined in Resolution No. 111/2025/UBTVQH15, such criteria and standards must be met according to the provisions of this Resolution.

6. For criteria for green urban development prescribed in Article 11 of this Decree that do not fall under the cases stipulated in Clause 5 of this Article, the People's Committee of the province shall base on the actual conditions of each city to determine mandatory criteria to apply and optional criteria for the locality to choose to apply at specific stages.

Article 10. Specific Requirements for Green Urban Development

1. Specific requirements for existing cities: For criteria for green urban development prescribed in Article 11 of this Decree that fall under the classification criteria and standards for cities as defined in Resolution No. 111/2025/UBTVQH15, such criteria and standards must meet the levels prescribed for corresponding types of cities.

For criteria for green urban development that do not fall under the classification criteria and standards for cities as defined in Resolution No. 111/2025/UBTVQH15, the People's Committee of the province shall base on the provisions of Clause 5 of Article 9 of this Decree to determine the implementation timeline and areas applying such criteria as prescribed to serve investment construction projects, construction works, traffic facility arrangement, equipment and technology usage, and supervision and management operations to meet the criteria for green urban development prescribed in Article 11 of this Decree.

In cases where renovation, beautification of streets, or relocation of environmentally polluting facilities in cities is carried out, based on the current status of the area undergoing renovation and beautification, the locality must plan and arrange public space areas, increase the proportion of green land area, limit residential area arrangements at relocation sites; implement low-carbon, environmentally friendly materials, have energy-saving construction systems; restore and improve canals, ponds, lakes, water collection, storage, drainage, and wastewater treatment systems, and urban water environment treatment according to regulations.

2. Specific requirements for expanded urban areas: In addition to complying with national technical standards on planning related to green urban development criteria concerning urban green land, public green land, technical infrastructure, social infrastructure, and other related criteria, when establishing, adjusting, and implementing urban planning, the locality must specifically determine criteria and standards corresponding to the type of city according to Resolution No. 111/2025/UBTVQH15 and other criteria prescribed in Article 11 of this Decree to implement investment and construction projects in expanded urban areas.

3. Specific requirements for new cities: The development of green urban areas must meet the criteria and standards according to the type of city as prescribed in Resolution No. 111/2025/UBTVQH15, as stipulated in Article 9 and the criteria prescribed in Article 11 of this Decree.

4. For investment and construction projects in cities, from the date this Decree takes effect, when approving projects, conducting investment and construction, and managing projects, they must comply with the green urban development criteria determined in urban planning, urban development programs, and plans or exceed the prescribed requirements (including open spaces, water surfaces, parks, street trees, project drainage elevation relative to the common drainage system of the area); use low-carbon, environmentally friendly materials, smart and energy-efficient equipment and technologies or renewable and clean energy; have complete waste collection and treatment systems of the project connected to the city's common infrastructure; have monitoring and evaluation systems for green urban development criteria connected to the common evaluation system of the locality.

Article 11. Criteria for developing green growth cities

1. The group of green infrastructure criteria in cities includes:

a) Public transport passenger ratio;

b) Green energy bus ratio;

c) Personal transportation means emission reduction ratio;

d) Bicycle lanes;

đ) Ratio of urban roads using energy-saving devices and technologies or renewable energy for lighting;

e) Ratio of population supplied with clean water through centralized water supply systems;

g) Average public green space area per person.

2. The group of environmental criteria in cities includes:

a) Air quality index;

b) Ratio of household solid waste collected, transported, and treated to meet technical standards and regulations;

c) Ratio of domestic wastewater collected and treated to meet technical standards and regulations;

d) Ratio of days in a year when the concentration of fine particulate matter and respirable particulate matter in ambient air exceeds permissible environmental technical standards.

3. The group of energy and emission reduction criteria in cities includes:

a) Ratio of renewable energy usage in total urban energy consumption;

b) Ratio of residential buildings using self-produced and self-consumed rooftop solar power;

c) Number of green constructions.

4. Based on the requirements and criteria for developing green growth cities stipulated in Articles 9 and 10 of this Decree, Clauses 1, 2, and Clause 3 of this Article, and the objectives and solutions outlined in the National Action Plan on Pollution Mitigation and Ambient Air Quality Management approved by competent authorities, the People's Committee of the province shall specifically determine the levels and ratios to be achieved for each criterion set forth in this Article for application to each city within its jurisdiction, ensuring compatibility with local socio-economic conditions at different times, and establishing monitoring and evaluation mechanisms for implementation at each stage.

In cases where the application levels of the criteria specified in Clauses 1, 2, and Clause 3 of this Article have been determined according to national technical standards and regulations, the People's Committee of the province shall apply these standards and regulations or apply them at a higher level than those prescribed; in cases where the criteria specified in Clauses 1, 2, and Clause 3 of this Article do not have applicable national technical standards and regulations, the locality may refer to and select levels applied by advanced countries worldwide or determine specific application levels suitable for actual conditions and characteristics of each city within its jurisdiction.

The data sources for determining the criteria specified in Clauses 1, 2, and Clause 3 of this Article are collected based on reports from competent state management agencies within the jurisdiction related to the groups of criteria as assigned by the People's Committee of the province.

The calculation methods for the criteria for developing green growth cities according to the groups specified in Clauses 1, 2, and Clause 3 of this Article are determined in accordance with the law on statistics; in cases where the criteria are not defined in the statistical law, they shall be implemented according to the guidelines set out in Appendix II attached to this Decree.

Article 12. Evaluation of the Implementation of Green Urban Development

1. The contents of evaluating green urban development include:

a) Compliance with the requirements and criteria for green urban development stipulated in Articles 9, 10, and 11 of this Decree;

b) The effectiveness of implementing and managing green infrastructure systems, operating waste collection and treatment systems, and domestic wastewater;

c) The level of using low-carbon emitting materials and environmentally friendly materials in investment projects for construction works in urban areas;

d) The effectiveness of energy conservation, renewable energy utilization, and greenhouse gas emissions reduction according to the MRV (Measurement, Reporting and Verification) system in urban areas as prescribed by technical measurement, reporting, verification, and inventory regulations under specialized laws;

e) The effectiveness of operating public transportation systems and green transportation means;

f) Environmental quality (air quality index, fine particulate matter, coarse particulate matter, surface water quality, treated wastewater quality), and the rate of meeting standards for waste treatment;

g) Other contents determined by the People's Committee of the province.

2. Based on the criteria for green urban development stipulated in Article 11 of this Decree, the People's Committee of the province assigns the leading agency and relevant local agencies to cooperate in organizing the evaluation of the implementation of green urban development as stipulated in Clause 1 of this Article on an annual basis or at any time as required, and report the results to the People's Committee of the province for monitoring and guidance. The report shall be prepared in accordance with Model No. 05 attached as Appendix I to this Decree.

From the date this Decree takes effect, the preparation of reports on the implementation of green urban development by localities shall be carried out in accordance with the provisions of this Decree.

3. The assessment of the degree of implementation of green urban development shall be conducted through various forms, including reports from relevant agencies within the locality as required by the leading agency assigned by the People's Committee of the province as stipulated in Clause 2 of this Article, surveys, and actual assessments at the locality, and through the smart urban development management information system.

Section 2

URBAN DEVELOPMENT ADAPTED TO CLIMATE CHANGE

 

Article 13. General Requirements for Urban Development Adapted to Climate Change

1. Urban development adapted to climate change must ensure consistency with the National Strategy on Climate Change, the Green Growth Strategy, the national socio-economic development plan, the socio-economic development plan of each locality in each period, and the urban and rural planning and natural conditions of each region, area, and city.

2. Urban development must be based on natural topography, prioritizing the preservation of green spaces, water surfaces, and other natural urban elements; applying sustainable urban development models suitable for local characteristics.

3. During the organization and implementation of urban and rural planning, urban development programs and plans, and investment and construction projects for urban areas and housing, it is necessary to ensure adaptation to climate change, dike safety, and disaster prevention as stipulated in this Decree and related laws.

4. Local People's Committees at all levels have the responsibility to assign and train cadres to monitor urban development adapted to climate change in their respective areas; organize activities to disseminate knowledge and regulations on urban development adapted to climate change to the community in their respective areas.

5. Apply science and technology, digital transformation in directing, managing, and overseeing urban development adapted to climate change in accordance with smart urban development regulations, this Decree, and the actual conditions of the locality.

Article 14. Specific Adaptation Requirements to Climate Change in Urban Development

1. The People's Committee of the province, in addition to implementing adaptation contents to climate change in accordance with laws on environmental protection, must also implement adaptation contents to climate change in urban development as prescribed in this Article.

2. Urban development must comply with adaptation contents to climate change as prescribed by laws on urban and rural planning and the following requirements:

a) Urban areas must conduct an impact assessment of climate change on their territory and forecast disaster-prone areas according to environmental protection laws to develop planning schemes aimed at minimizing or reducing damage and risks from climate change during investment construction and urban management.

b) Planning schemes should prioritize nature-based solutions (NBS) based on each city’s topography, climate, hydrology, and ecosystems, ensuring rational exploitation of urban green resources and spaces; complying with laws on water resources, environmental protection, dyke management, and disaster prevention; ensuring adaptability in various climate change scenarios, disasters, and extreme weather events.

c) For new urban areas or expanded urban zones, development of residential areas, housing, or essential infrastructure should not be carried out in high-risk disaster areas as stipulated by national technical standards for planning; limiting river encroachment and filling; proposing reserve areas for population relocation or emergency water storage and supply in climate change, disaster, and extreme weather scenarios.

d) For existing cities, when adjusting urban planning, research and review should prioritize conservation, renovation, restoration, and connection of natural and artificial water bodies such as ponds, lakes, swamps, canals, ditches, lowlands, and flooded areas within the city to ensure water regulation, rainwater storage, flood reduction, and urban inundation mitigation.

3. Investment and construction of urban infrastructure must comply with the following adaptation contents to climate change:

a) Urban infrastructure projects must be arranged, designed, and constructed in compliance with national technical standards for construction, as prescribed, and have the ability to adapt to climate change scenarios established under environmental protection laws.

b) For urban infrastructure projects based on usage purposes, there must be contingency plans to convert them into shelters or flood control facilities and other functions in climate change, disaster, and extreme weather scenarios.

In new urban areas and expanded urban zones, construction of projects obstructing natural flow or increasing flood and landslide risks for adjacent areas is prohibited.

In existing cities, during urban renovation, beautification, or construction of urban infrastructure, national technical standards and drainage requirements must be met; green space and water body arrangements must be made; low-carbon, environmentally friendly materials must be used; dyke and floodway systems must be upgraded; underground water storage facility construction plans for Class I and Special Class cities must be established.

4. For urban development projects and housing construction projects in urban areas, starting from the date this Decree takes effect, the following contents must be implemented:

a) Project development planning must comply with the provisions of Clause 2 of this Article at each level of urban planning; climate change adaptation contents in project planning schemes must be determined within the project investment period.

b) The feasibility study report or economic and technical report of the project must include risk assessments and investment and construction solutions adapting to climate change in the project area.

c) Project design and construction must comply with approved planning and climate change adaptation requirements; measures for extreme weather events must be included.

d) Early warning disaster monitoring and alert systems must be established and operated within the project scope as prescribed by law.

5. The People's Committee of the province shall apply science, technology, and digital transformation in urban management; implement smart city development regulations to enhance early disaster warning, monitoring, and implementation of climate change adaptation contents; ensure data collection, updating, and sharing among sectors and fields to support sustainable urban development management.

6. In addition to the climate change adaptation contents prescribed in this Article, based on actual conditions, natural characteristics, and climate change risk levels of each locality, the People's Committee of the province may specify detailed requirements, technical guidelines, and inter-departmental coordination mechanisms to organize and implement appropriate climate change adaptation contents and solutions for each urban area within its jurisdiction.

Article 15. Reduction of Greenhouse Gas Emissions in Urban Development

1. Provincial People's Committees, in addition to implementing contents related to reducing greenhouse gas emissions as prescribed by environmental protection laws, must also implement contents related to reducing greenhouse gas emissions in urban development as stipulated in this Article.

2. In urban development planning schemes, areas for green spaces, types of greenery, water surface areas, and public spaces must be allocated appropriately based on local soil conditions, climate, and national technical standards for planning; solutions for arranging centralized green spaces and greenery between architectural structures must be suitable, and the contents regarding green urban development as specified in Section 1 of this Chapter must be implemented.

3. Construction projects must comply with regulations on investment and construction for green urban development as stipulated in Section 1 of this Chapter; it is encouraged to apply green building standards, certifications, and environmentally friendly models in urban areas.

4. Development of environmentally friendly transportation:

a) Based on the population size and characteristics of each city, urban planning must determine a network of public transport systems with high capacity, ensuring convenient connections between functional zones, city centers, and adjacent areas; developing a green transportation system;

b) In special-class and class I cities, based on actual conditions of the locality or requirements of competent authorities, provincial People's Committees must implement plans to convert public transport systems using fossil fuels to those using clean energy and renewable energy, and develop infrastructure systems serving transportation using these types of energy within their jurisdiction.

Localities shall promulish mechanisms, policies, incentives, and support for organizations and individuals to switch from personal vehicles using fossil fuels to those using clean energy and renewable energy within their jurisdiction.

c) In class II and III cities, it is encouraged to apply the provisions stipulated in point b of this clause.

5. In addition to the contents on reducing greenhouse gas emissions prescribed in this Article, provincial People's Committees may establish requirements, technical guidelines, and inter-agency coordination mechanisms to organize and implement reduction measures appropriate to each city based on actual conditions and characteristics of each city within their jurisdiction.

Article 16. Evaluation of Implementation of Climate Change-Adaptive Urban Development

1. Provincial People's Committees direct the organization of evaluations on the implementation of climate change-adaptive urban development for cities within their jurisdiction annually or upon urgent request.

2. The content of evaluating the implementation of climate change-adaptive urban development includes:

a) The implementation of requirements and contents as prescribed in Articles 13, 14, and 15 of this Decree;

b) Practical solutions and measures implemented according to climate change adaptation contents applicable to each city;

c) Management, operation, and supervision through smart urban management implementation as prescribed by laws on smart urban development;

d) Other contents decided by provincial People's Committees.

3. Provincial People's Committees, commune People's Committees at the level delegated by provincial People's Committees, and specialized agencies under provincial People's Committees responsible for managing climate change-adaptive urban development have the responsibility to conduct evaluations of the contents stipulated in Clause 2 of this Article annually or upon urgent request and report the evaluation results to provincial People's Committees. Provincial People's Committees assign leading agencies and participating agencies to coordinate in conducting evaluations within their jurisdiction; participating specialized agencies must cooperate in accordance with tasks assigned by provincial People's Committees.

4. Based on the provisions of this Decree, the Ministry of Construction shall issue criteria for assessing resilience to climate change and the implementation of such assessments in cities nationwide.

Article 17. Mechanism and preferential policies for developing green urban areas and adapting to climate change

1. The provincial People's Committee and the commune People's Committee shall decide within their authority or report to the same-level People's Council to decide on allocating local budget or establishing local preferential mechanisms in accordance with the laws on state budget to implement the contents related to developing green urban areas and adapting to climate change as stipulated in the urban development programs and plans on the local territory and as provided for in this Decree.

2. Financial incentives for implementing the development of green urban areas and adapting to climate change:

a) Investment projects in urban areas, depending on the purpose and nature of the project, if they comply with the criteria for green growth as prescribed in this Decree, shall be entitled to state guarantee for credit loans to finance the implementation of the project in accordance with the provisions; they may borrow preferential funds from environmental protection funds, other funds related to green growth and adaptation to climate change in accordance with the regulations of the fund and the laws.

b) The investor of the project shall enjoy tax refund policies, tax deduction or exemption when investing in green infrastructure, green buildings, energy conservation, wastewater treatment, and waste management in accordance with the laws.

3. Incentives regarding land funds and training to enhance capacity in managing the development of green urban areas and adapting to climate change:

a) The provincial People's Committee shall prioritize allocating land funds that have been cleared according to the planning for investment in green infrastructure projects and public construction projects using clean energy in accordance with the laws.

b) The provincial People's Committee and the commune People's Committee shall be responsible for allocating local budgets to support training and enhancing the capacity of urban management officials in the field of green urban development and adaptation to climate change on the local territory.

c) Other incentives as prescribed by laws and local regulations.

 

Chapter IV

PROCEDURE FOR ESTABLISHING, REVIEWING AND RECOGNIZING URBAN TYPES AND LEVELS OF URBAN DEVELOPMENT VÀ LEVEL OF URBAN DEVELOPMENT

 

Article 18. Cases for establishing proposals to recognize urban types and reports on evaluating the level of urban development

1. Cases for establishing proposals to recognize urban types include:

a) Recognizing type I urban areas;

b) Recognizing type II and type III urban areas.

2. Cases for establishing reports on evaluating the level of urban development include:

a) Administrative units at the commune level in areas implementing urban classification shall submit reports along with proposals to recognize urban types as prescribed in point b, Clause 1, Article 18 of this Decree;

b) Administrative units at the commune level within recognized urban areas shall conduct independent evaluations to be recognized at a higher level of urban development.

Article 19. Documents for proposals to recognize urban types and reports on evaluating the level of urban development

1. Documents for proposals to recognize urban types in cases prescribed in point a, Clause 1, Article 18 of this Decree include:

a) A submission from the provincial People's Committee to the Ministry of Construction requesting recognition of a type I urban area;

b) A resolution of the provincial People's Council approving the proposal to recognize a type I urban area;

c) A proposal to recognize a type I urban area, including a detailed explanation of the proposal prepared according to the outline specified in Model No. 01 of Appendix III issued together with this Decree and illustrative video images of the current development status of the urban area;

d) An assessment report on the proposal to recognize an urban type by the Department of Construction in cases where the entity preparing the proposal is not the Department of Construction;

đ) An assessment report by the inter-ministerial review board established by the Ministry of Construction, accompanied by a summary table of evaluation scores from the members of the review board.

2. Documents for proposals to recognize urban types in cases prescribed in point b, Clause 1, Article 18 of this Decree include:

a) A submission from the Department of Construction or the commune People's Committee to the provincial People's Committee in accordance with Clause 1, Article 21 of this Decree;

b) A proposal to recognize an urban type, including a detailed explanation of the proposal prepared according to the outline specified in Model No. 03 of Appendix III issued together with this Decree and illustrative video images of the current development status of the urban area;

c) A report on evaluating the level of urban development in cases prescribed in point a, Clause 2, Article 18 of this Decree, prepared according to the outline specified in Model No. 05 of Appendix III issued together with this Decree (applicable in cases involving more than one administrative unit at the commune level within the urban area);

d) An assessment report by the inter-ministerial review board established by the provincial People's Committee, accompanied by a summary table of evaluation scores from the members of the review board;

đ) A resolution of the provincial People's Council approving the proposal to recognize an urban type.

3. Documents for reports on evaluating the level of urban development in cases prescribed in point b, Clause 2, Article 18 of this Decree include:

a) A submission from the commune People's Committee to the provincial People's Committee reporting on the evaluation of the level of urban development;

b) A report on evaluating the level of urban development prepared according to the outline specified in Model No. 05 of Appendix III issued together with this Decree;

c) A resolution of the commune People's Council approving the report on evaluating the level of urban development;

d) An assessment report by the inter-ministerial review board established by the Department of Construction, accompanied by a summary table of evaluation scores from the members of the review board.

Article 20. Procedure for Proposing Recognition of Type I City

1. The provincial People's Committee assigns the specialized agency under the province to organize the preparation of the proposal for recognizing a Type I city; in cases where consultancy units are hired, such actions shall be carried out in accordance with the legal provisions on bidding.

2. The agency or consultancy unit assigned to prepare the proposal for recognizing the type of city (collectively referred to as the proposal preparation unit) shall organize surveys and prepare the proposal in accordance with point c, Clause 1, Article 19 of this Decree. In cases where the proposal preparation unit is not the Department of Construction, it must submit a document along with the explanation of the proposal to the Department of Construction for review.

3. Within a maximum period of five working days from the date of receipt of the proposal accompanied by the document from the proposal preparation unit, the Department of Construction shall be responsible for reviewing, inspecting, and conducting an initial assessment of the proposal explanation, and sending it to the Provincial Public Security Office, Provincial Military Command, and other relevant provincial departments for comments. The document sent for comments must clearly state the content requiring comments according to the functions and responsibilities of the agencies being consulted; if the Department of Construction prepares the proposal, the Department of Construction shall be responsible for sending it to the agencies specified in this clause for comments.

4. Within a maximum period of five working days from the date of receipt of the document requesting comments from the Department of Construction, the agencies requested to comment shall be responsible for submitting their comments to the Department of Construction for review.

5. Within a maximum period of ten working days from the date of receipt of the comments, the Department of Construction shall conduct a review of the proposal or complete the proposal if it prepared the proposal directly. If the consultancy unit prepared the proposal, the Department of Construction shall notify the consultancy unit of the review results to complete the proposal, specifying the completion time and submitting it to the Department of Construction for consideration and reporting to the provincial People's Committee.

The dossier submitted by the Department of Construction to the provincial People's Committee includes: the report and review statement, the proposal explanation, and the summary table of responses and adoption of comments.

6. After receiving the dossier submitted by the Department of Construction, the provincial People's Committee shall examine and submit the proposal to the same-level People's Council for approval. The dossier submitted to the same-level People's Council includes: the report of the provincial People's Committee and the proposal explanation. The time for submission and the time for the provincial People's Council to approve the proposal shall be carried out in accordance with the regulations on the operation of the People's Council.

7. Within a maximum period of ten working days from the date of the resolution approving the proposal by the provincial People's Council, the provincial People's Committee shall send one set of the dossier to the Ministry of Construction for organization of examination and recognition of the Type I city. The dossier submitted to the Ministry of Construction includes the documents specified in points a, b, c, and d, Clause 1, Article 19 of this Decree.

8. Within a maximum period of five working days from the date of receipt of the dossier specified in Clause 7 of this Article, the Ministry of Construction shall issue a decision establishing the Inter-ministerial Examination Board to organize the examination of the proposal, assigning responsibilities to the Board's permanent agency. The Examination Board shall include representatives from the following ministries and sectors: Public Security, National Defense, Construction, Home Affairs, Finance, Industry and Trade, Agriculture and Environment, Science and Technology, Culture, Sports and Tourism, Education and Training, Health; social organizations and independent experts as decided by the Minister of Construction. The Examination Board shall be responsible for examining and evaluating the proposal dossier, scoring, and recommending the Minister of Construction to decide on recognizing the Type I city if it meets the conditions stipulated.

9. The time for the Examination Board to carry out the examination and report to the Ministry of Construction shall be a maximum of thirty working days from the date of issuance of the decision establishing the Examination Board. The Examination Board shall perform the following tasks:

a) Studying the dossier, assessing the legal basis, procedure, and process of preparing the proposal;

b) Evaluating the suitability of the proposed city classification with the provincial planning, urban planning, and urban development program;

c) Organizing surveys and evaluating the current urban development status, comparing information and data according to the criteria and standards for city classification in the proposal content against the prescribed levels;

d) Assessing the degree of compliance with the city classification criteria based on the comprehensive scoring evaluation table of the Examination Board members;

đ) Submitting an examination report in accordance with Model No. 07 of Appendix III issued together with this Decree.

In cases where the dossier needs to be completed according to the Examination Board's examination report, within a maximum period of ten working days from the date of receipt of the document from the Ministry of Construction accompanying the examination report, the provincial People's Committee must complete the dossier according to the requirements and resubmit it to the Ministry of Construction for consideration and decision on recognizing the city type.

In cases where the conditions for recognizing the city type are not met, the Ministry of Construction shall issue a document explaining the reasons and send it to the provincial People's Committee.

10. After the examination, including cases where the dossier needs to be completed (if applicable), the permanent agency of the Examination Board shall submit a report along with the dossier specified in Clause 1, Article 19 of this Decree to the Ministry of Construction.

11. Within a maximum period of five working days from the date of receipt of the dossier as specified in Clause 10 of this Article, the Minister of Construction shall examine and issue a decision recognizing the Type I city. The content of the decision recognizing the city type shall be carried out in accordance with Model No. 02 of Appendix III issued together with this Decree.

12. Within a maximum period of fifteen working days from the date of receipt of the decision recognizing the Type I city from the Ministry of Construction, the provincial People's Committee shall organize the announcement of the decision recognizing the city type.

Article 21. Procedures and formalities for recognition of Class II and Class III cities

1. The provincial People's Committee assigns the specialized agency under the province to organize the preparation of the proposal for recognizing a city with a boundary area exceeding one commune administrative unit or assigns the People's Committee of the commune to organize the preparation of the proposal for recognizing a city within one commune administrative unit; in cases where a consulting unit is hired to prepare the proposal, it shall be carried out in accordance with the law on bidding.

2. The unit preparing the proposal organizes surveys, prepares the proposal, and reports in accordance with points b and c, Clause 2, Article 19 of this Decree (collectively referred to as preparing the proposal).

3. In cases where the unit preparing the proposal is not the Department of Construction, after completing the draft explanatory report of the proposal, the unit preparing the proposal sends it to the Department of Construction for comments on the draft explanatory report; within a maximum period of seven working days from the date of receipt of the request document, the Department of Construction is responsible for sending the comment document. Within a maximum period of seven working days from the date of receipt of the document from the Department of Construction, the unit preparing the proposal must complete the draft explanatory report.

4. Within a maximum period of five working days from the date of receipt of the completed explanatory report, the Department of Construction is responsible for reviewing the dossier; if the dossier meets the requirements, it will send one set of the dossier to the provincial People's Committee for examination. The dossier submitted to the provincial People's Committee includes the documents specified in points a, b, and c, Clause 2, Article 19 of this Decree; in cases where the Department of Construction prepares the proposal, the Department of Construction is responsible for preparing the dossier specified in this clause and submitting it to the provincial People's Committee.

5. Within a maximum period of five working days from the date of receipt of the proposal dossier as stipulated in Clause 4 of this Article, the provincial People's Committee issues a decision to establish a multi-sectoral Examination Board to examine the proposal and assigns the specialized agency under the provincial People's Committee to serve as the permanent body of the Board. The Examination Board consists of representatives from the Provincial Police, the Provincial Military Command, and departments and sectors including Construction, Home Affairs, Finance, Industry and Trade, Agriculture and Environment, Science and Technology, Culture, Sports and Tourism, Education and Training, Health, Planning and Architecture (if applicable), social-professional organizations, and independent experts relevant to the matter, as decided by the provincial People's Committee. The Examination Board is responsible for examining and evaluating the proposal dossier, scoring it, and recommending the Chairman of the provincial People's Committee to consider and decide on the recognition of the city type if it meets the conditions as prescribed.

6. The time frame for conducting the examination and the tasks of the multi-sectoral Examination Board are implemented in accordance with Clause 9, Article 20 of this Decree.

In cases where the proposal dossier needs to be completed according to the Examination Board's examination report, within a maximum period of ten working days from the date of receipt of the examination report, the unit preparing the proposal must complete the dossier according to the requirements and resubmit it to the provincial People's Committee for consideration and submission to the provincial People's Council.

In cases where the conditions for recognizing the city type are not met, the Examination Board will notify the Department of Construction and the unit preparing the proposal specifying the reasons.

7. Within a maximum period of ten working days from the date of receipt of the multi-sectoral Examination Board's dossier, the provincial People's Committee considers and submits the proposal to the provincial People's Council for approval. The dossier submitted to the provincial People's Council at the same level includes the Report of the provincial People's Committee and the completed explanatory report of the proposal. The time frame for the provincial People's Council to approve the proposal is carried out in accordance with the regulations on the operation rules of the People's Council.

8. Within a maximum period of five working days from the date of the Resolution approving the proposal of the provincial People's Council, the Chairman of the provincial People's Committee issues a decision recognizing the city type in accordance with Model No. 04 attached as Appendix III to this Decree.

9. Within a maximum period of ten working days from the date of issuance of the decision recognizing the city type, the provincial People's Committee organizes the announcement of the decision in the recognized city area.

Article 22. Procedure for requesting recognition of urban development level

The procedure for requesting recognition of the urban development level as stipulated in point b, Clause 2, Article 18 of this Decree shall be as follows:

1. On the basis of the content of the approved urban development program and plan, the People's Committee at the commune level shall organize the preparation of a report assessing the urban development level within the administrative boundary under its management; in cases where consultancy units are hired, such activities shall be carried out in accordance with the law on bidding.

2. The People's Committee at the commune level or the consultancy unit entrusted to prepare the report shall organize surveys and prepare the report in accordance with the provisions of point b, Clause 3, Article 19 of this Decree.

3. The People's Committee at the commune level shall send the draft report to the Construction Department for comments; within a maximum period of seven working days from the date of receipt of the document from the People's Committee at the commune level, the Construction Department must send its comments to the People's Committee at the commune level.

4. Within a maximum period of seven working days from the date of receipt of the comments from the Construction Department, the People's Committee at the commune level must complete the report and submit it to the People's Council at the commune level for approval. The dossier submitted to the People's Council at the commune level includes the Report of the People's Committee at the commune level and the draft report assessing the urban development level. The time frame for the People's Council at the commune level to approve the report shall be implemented according to the regulations on the operation of the People's Council.

5. Within a maximum period of five working days from the date of the Resolution of the People's Council at the commune level, the People's Committee at the commune level must complete the report and submit the Report along with the draft report to the Construction Department to establish the Inter-sectoral Appraisal Board. Within a maximum period of seven working days from the date of receipt of the dossier submitted by the People's Committee at the commune level, the Construction Department shall establish the Inter-sectoral Appraisal Board, assigning the specialized agency under the Construction Department to serve as the permanent body of the Board.

The members of the Inter-sectoral Appraisal Board include representatives from the Provincial Public Security, the Provincial Military Command, and relevant provincial departments: Construction, Home Affairs, Finance, Industry and Trade, Agriculture and Environment, Science and Technology, Culture, Sports and Tourism, Education and Training, Health, Planning and Architecture (if applicable); social organizations and independent experts related to the matter as decided by the Construction Department. The Inter-sectoral Appraisal Board is responsible for appraising and evaluating the report dossier, scoring, and recommending the Chairman of the People's Committee at the provincial level to decide on recognizing the urban development level if the conditions are met as prescribed.

6. The time frame for the Inter-sectoral Appraisal Board to conduct the appraisal and report to the People's Committee at the provincial level is a maximum of thirty working days from the date of issuance of the decision establishing the Inter-sectoral Appraisal Board. The Inter-sectoral Appraisal Board shall perform the following tasks:

a) Assessing the compliance with legal bases, procedures, and processes for preparing the report;

b) Assessing the compatibility of the proposed report on the urban development level with the urban planning, urban development programs, and plans in the area;

c) Assessing the current state of urban development, comparing information and data according to the criteria and standards for the urban development level in the report content against the specified levels;

d) Assessing the degree of compliance with the urban development level requirements based on the summary score evaluation table of the Board members;

đ) Preparing an appraisal report in accordance with Model No. 07 of Appendix III issued together with this Decree.

In cases where the dossier needs to be completed according to the Inter-sectoral Appraisal Board's appraisal report, within a maximum period of ten working days from the date of receipt of the appraisal report, the People's Committee at the commune level must complete the dossier according to the requirements.

In cases where the conditions for recognizing the urban development level are not met, the Inter-sectoral Appraisal Board shall notify the People's Committee at the commune level specifying the reasons.

7. Within a maximum period of seven working days from the date of receipt of the appraisal report, including cases where the report has been completed, the People's Committee at the commune level must submit a Report to the People's Committee at the provincial level for consideration and decision on recognizing the urban development level. The dossier submitted to the People's Committee at the provincial level is stipulated in Clause 3, Article 19 of this Decree.

8. The time frame for the Chairman of the People's Committee at the provincial level to consider and recognize the urban development level is a maximum of ten working days from the date of receipt of the dossier submitted by the People's Committee at the commune level. The content of the decision recognizing the urban development level shall be implemented according to Model No. 06 of Appendix III issued together with this Decree.

9. Within a maximum period of five working days from the date of issuance of the decision recognizing the urban development level, the People's Committee at the provincial level must publish the content of the decision on the provincial People's Committee's electronic portal and send it to the People's Committee at the commune level recognized to publish on the commune-level People's Committee's electronic portal and announce at the headquarters of the People's Committee at the commune level.

 

Chapter V

IMPLEMENTATION AND EFFECTIVE PROVISIONS

 

Article 23. Funding for the construction, adjustment of urban development programs and plans, and organization of the recognition of urban types, reports on the assessment of urban development levels, and announcement of urban types

1. The agency proposing the budget for funding the construction, adjustment of urban development programs and plans, the preparation of proposals to recognize urban types, reports on the assessment of urban development levels, and the announcement of urban types shall be as follows:

a) The Construction Department shall take the lead and coordinate with the financial authority at the same level to propose the budget for funding in the proposal report for constructing or adjusting the urban development program as stipulated in this Decree and submit it to the People's Committee of the province for approval;

b) The People's Committee of the commune shall propose the budget for funding in the proposal report for constructing or adjusting the urban development plan and submit it to the People's Committee of the province for approval;

c) The agency preparing the proposal to recognize Class I urban areas; the proposal to recognize Class II and Class III urban areas where the urban area has boundaries exceeding one commune administrative unit shall take the lead and coordinate with the financial authority at the same level to propose the budget for funding the preparation, review, and announcement of urban types and request the People's Committee of the province to consider and approve;

d) The People's Committee of the commune shall decide the funding for the preparation, review, and announcement of urban types in cases of recognizing urban types within the management boundary and in cases of recognizing urban development levels as stipulated in point b, Clause 2, Article 18 of this Decree.

2. The funding for the construction, adjustment of urban development programs and plans, the organization of the preparation, review of proposals to recognize urban types, reports on the assessment of urban development levels, and the announcement of urban types shall be sourced from local government budgets and other lawful capital sources; the allocation of funds must ensure the full implementation of tasks as prescribed and prevent waste and corruption.

3. The funding for the adjustment of urban development programs and plans shall be based on the content of the adjustment and the tasks that need to be carried out when adjusting the urban development programs and plans.

4. The establishment, review, approval of the budget estimate, payment, and settlement of funding for the construction, adjustment of urban development programs and plans, the organization of the preparation of proposals to recognize urban types, reports on the assessment of urban development levels, and the announcement of urban types as stipulated in this Article shall be implemented in accordance with the laws on the state budget and related laws.

5. The Minister of Construction shall guide the determination and management of costs related to the construction, adjustment of urban development programs and plans, the organization of the preparation, review of proposals to recognize urban types, reports on the assessment of urban development levels, and the announcement of urban types as stipulated in this Article.

Article 24. Responsibilities for Implementation

1. The Ministry of Construction shall have the following powers and responsibilities:

a) Assist the Government in uniformly managing urban development nationwide;

b) Develop guidelines, strategies, planning systems for cities and rural areas, urban development programs and targets in economic and social development tasks linked to national defense and security consolidation at different stages; develop mechanisms, policies, regulatory documents on urban investment development to be submitted to competent authorities for approval or approved within their jurisdiction and organized for implementation;

c) Take the lead or coordinate with relevant ministries, sectors, and localities to organize guidance, supervision, and inspection of the implementation of regulations under Resolution No. 111/2025/UBTVQH15, this Decree, and laws in the field of urban development within their jurisdiction;

d) Annually, the Ministry of Construction shall select some provinces and cities to survey and evaluate the implementation of urban development programs, green growth urban development, climate change adaptation, and sustainable development by localities, requiring localities to address existing issues and difficulties in implementation; the cost of conducting surveys and evaluations shall be funded from the State budget of the Ministry of Construction;

e) Carry out other management tasks regarding urban development as stipulated in Resolution No. 111/2025/UBTVQH15 and this Decree.

2. The Ministry of Finance shall have the following powers and responsibilities:

a) Lead the compilation and reporting to competent authorities for decisions on allocating capital for the construction of projects to invest in urban infrastructure development using central government budget funds;

b) Lead and coordinate with relevant ministries and sectors to issue mechanisms and policies on finance according to their jurisdiction or report to competent authorities to issue such mechanisms and policies to implement green growth urban development and climate change adaptation as stipulated in this Decree and related laws.

3. The Ministry of Agriculture and Environment shall be responsible for guiding, within its jurisdiction and in accordance with regulations, the effective management and use of land resources; coordinate with the Ministry of Construction and localities in reviewing and adjusting urban and rural planning in line with urban development programs and plans.

4. The People's Committee of the province shall have the following powers and responsibilities:

a) Uniformly manage urban development within its territory; decide within its jurisdiction on mechanisms and policies to encourage and provide incentives for urban development investment within its territory in accordance with the law, taking into account the actual situation of the locality, and be responsible for supervising and urging the implementation of the mechanisms and policies already issued within its territory;

b) Direct the organization of the preparation, approval, and allocation of funds from the local government budget or other lawful capital sources for the construction, adjustment, and implementation of urban development programs and plans, the organization of the preparation of proposals to recognize urban types, reports on the assessment of urban development levels, and the announcement of recognized urban types within its territory as stipulated in this Decree; based on practical conditions, implement the urban development plan as stipulated in Articles 7 and 8 of this Decree for urban areas within rural administrative units as stipulated in Clause 3, Article 15 of Resolution No. 111/2025/UBTVQH15.

c) Arrange state investment capital or other lawful capital sources to implement urban development areas (if any) and construction projects on the territory according to approved urban development programs and plans; direct, urge, and organize inspections of the People's Committee of communes in implementing the approved urban development plans;

d) Implement the recognition of urban types, the recognition of urban development levels, approval, and implementation of urban development areas on the territory in accordance with regulations. Based on the actual situation of the locality, it may decide to establish a multi-sectoral appraisal council for a specific period or establish a multi-sectoral appraisal council for each specific case to appraise the proposal for recognizing urban types;

đ) Arrange and deploy cadres and civil servants, and allocate functions and tasks of related agencies of the locality to manage urban development in accordance with Resolution No. 111/2025/UBTVQH15, this Decree, and relevant laws; direct, guide, inspect, and investigate violations in the field of urban development within its authority or refer them to competent authorities for handling and resolution in accordance with the law;

e) Organize training, dissemination, and propaganda of legal documents and regulations on urban development management, and mobilize organizations and individuals on the territory to comply with legal regulations on urban development; ensure resources for local external affairs work and actively cooperate internationally to mobilize resources, experience, and scientific technology for urban development on the territory;

g) Annually, organize evaluations of the implementation of contents stipulated in urban development programs and plans to ensure compliance with regulations and develop resource allocation plans suitable to the actual situation and budget of the locality for urban development investment;

h) Regularly or upon urgent request, report to competent authorities on the implementation of regulations in the field of urban development; perform other tasks and responsibilities as prescribed by Resolution No. 111/2025/UBTVQH15, this Decree, or assigned by the Government or the Prime Minister;

5. The Department of Construction is the focal agency assisting the provincial People's Committee in performing state management functions over urban development management on the territory and carrying out other tasks assigned by this Decree or the provincial People's Committee;

For Hanoi and Ho Chi Minh City, the municipal People's Committee shall consider and assign specific tasks for the implementation of Resolution No. 111/2025/UBTVQH15 and this Decree to the Planning and Architecture Department on the territory;

6. The commune-level People's Committee has the following powers and responsibilities:

a) Uniformly manage urban development on the territory, organize the drafting, submission for approval, or implementation of approval and implementation of urban development plans and arrange funds from the state budget or other lawful sources to construct and implement plans in accordance with this Decree;

b) Arrange funds from the state budget and other lawful sources to invest in construction projects and works on the territory within its management authority and according to approved urban development plans;

c) Implement urban development regulations within its assigned authority as stipulated in this Decree on the territory; proactively participate in international cooperation to mobilize resources, experience, and scientific technology for urban development; carry out inspections and handle violations of urban development management laws on the territory within its authority or refer them to competent authorities for handling in accordance with the law;

d) Regularly or upon urgent request, report to competent authorities on the implementation of regulations in the field of urban development; perform other tasks assigned by this Decree or the provincial People's Committee;

7. The Chairman of the provincial People's Committee, the Chairman of the commune-level People's Committee, and heads of local agencies related to urban development management are responsible for implementing urban development management regulations within their authority on the territory and bear legal responsibility if they delay, fail to implement, or implement incorrectly the provisions of Resolution No. 111/2025/UBTVQH15, this Decree, and relevant legal regulations on urban development management.

Article 25. Effective Date

1. This Decree takes effect from the date of signature.

2. Repeal the following provisions:

a) Clause 9, 10 of Article 2, Article 3, Article 3a, Article 4, Article 5, Clause 1, 2 of Article 9, Article 40, Article 41, Article 46 of Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management, amended and supplemented by Article 4 of Decree No. 35/2023/NĐ-CP dated June 20, 2023 on amending and supplementing certain articles of decrees under the Ministry of Construction's jurisdiction;

b) Point d of Clause 7 of Article 2 of Decree No. 33/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

c) Clause 1 of Article 18 of Decree No. 140/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the division of authority between two levels of local government in the field of state management by the Ministry of Construction;

d) Clause 1 of Article 27 of Decree No. 144/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the delegation and decentralization in the field of state management by the Ministry of Construction.

3. Amend and supplement the statistical indicators at Item 0115. Urbanization rate in Appendix 1. Content of statistical indicators belonging to the national statistical system issued together with Decree No. 94/2022/NĐ-CP dated November 7, 2022 of the Government stipulating the content of statistical indicators belonging to the national statistical system and the compilation process for gross domestic product indicators, provincial gross domestic product indicators, and central city gross domestic product indicators, as follows:

a) Amend and supplement the provisions at point 1. Concept, calculation method as follows:

"1. Concept, calculation method:

The urbanization rate is the percentage (%) between the size of the urban population (P) in urban areas of type II and type III recognized or classified according to the Resolution No. 111/2025/UBTVQH15 of the Standing Committee of the National Assembly and the total population.

The size of the urban population (P) includes permanent residents and temporary residents in urban areas as prescribed by the law on residence.

Calculation formula: P = N + N_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}

Where:

P: Size of the urban population (people);

N: Permanent residents in urban areas (people);

N |||_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}N: Temporary residents in urban areas (people)."

b) Amend and supplement the provision at the second bullet point of point 5. Agency responsible for collecting and compiling as follows:

"- Coordinate: Ministry of Construction, Ministry of Public Security, People's Committee of the province."

Article 26. Transitional Provisions

1. For provinces and cities subject to restructuring, the urban development program shall be regulated as follows:

a) In cases where provinces and cities have approved urban development programs, they shall continue to implement these programs until new urban development programs are established and approved in accordance with this Decree. Within a maximum period of 12 months from the date this Decree takes effect, the People's Committee of the province after restructuring shall be responsible for establishing and approving an urban development program applicable to the entire province/city in accordance with this Decree;

b) In cases where some provinces and cities have approved urban development programs and others have not, the approved programs shall continue to be implemented. Within a maximum period of 12 months from the date this Decree takes effect, the People's Committee of the province after restructuring shall be responsible for establishing and approving an urban development program applicable to the entire province/city in accordance with this Decree.

2. For provinces and cities not subject to restructuring that have approved urban development programs, they shall continue to implement these programs until new urban development programs are approved in accordance with this Decree. Within a maximum period of 12 months from the date this Decree takes effect, the People's Committee of the province shall be responsible for establishing or adjusting and approving an urban development program applicable to the entire province/city in accordance with this Decree.

3. The establishment or adjustment of urban development programs in accordance with this Decree shall apply for the period from 2021 to 2030; from 2031, localities shall establish new urban development programs for the next ten-year period in accordance with this Decree.

4. The preparation of urban development plans in accordance with this Decree shall apply for the period from 2026 to 2030; from 2031, localities shall prepare urban development plans based on the content of the new programs stipulated in Clause 3 of this Article.

5. Urban development programs of cities and towns within provinces and towns already approved before the effective date of this Decree shall continue to be implemented until new urban development programs are established and approved for application throughout the province/city in accordance with this Decree.

6. In cases where the type of urban area has been recognized before the effective date of this Decree and there are changes according to Resolution No. 111/2025/UBTVQH15 and this Decree, the contents related to housing development and real estate business currently being implemented under investment approval documents and decisions on determining areas and locations for housing development and real estate business made by competent authorities before the effective date of this Decree shall continue to be implemented in accordance with these documents and decisions./.