Decree No. 62/2011/NĐ-CP On Establishing Provinces' Cities, Towns, Districts, Communes, and Townships

DECREE

On the establishment of provincial cities, towns, districts, wards, and towns

     GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on the Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to the Urban Planning Law dated June 17, 2009;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the conditions, standards, procedures for establishing provincial cities, towns, districts, wards, and towns, and the examination of relevant files.

Article 2. Interpretation of Terms

In this Decree, the term "time for synchronous development" refers to the necessary period for investment in construction and urban beautification from the time of recognition as a corresponding type of city until the time of filing the application for the establishment of a provincial city, town, or town.

Article 3. Conditions for Establishing Provincial Cities, Towns, Districts, Wards, and Towns

A provincial city, town, district, ward, or town shall be established based on the following conditions:

1. Meeting the needs of territorial administrative management.

2. Being consistent with the overall planning for socio-economic development and the overall planning for the development of the national urban system; having a general plan, sectoral plan, and detailed plan that have been approved by the competent authority.

3. Meeting the urban standards specified in this Decree.

Chapter II

 STANDARDS FOR THE ESTABLISHMENT OF PROVINCIAL CITIES, TOWNS, DISTRICTS, WARDS, AND TOWNS

Article 4. Provincial City

A provincial city shall be established when meeting the following standards:

1. Urban function: It is the provincial capital, a comprehensive provincial center, a transportation hub within the province, or a provincial urban area, a specialized center of a multi-provincial region, a transportation hub of a multi-provincial region; it plays a role in promoting economic and social development in a region within the province, a province, or certain fields in a multi-provincial region.

2. Having been recognized by the competent authority as a city of Class III or higher.

3. Population size reaching 150,000 people or more.

4. Population density in the inner city area reaching 6,000 people/km² or more.

5. The ratio of non-agricultural labor force in the inner city area reaching 80% or more compared to the total labor force.

6. The proportion of industry-construction and trade-service-tourism in the economic structure reaching 80% or more.

7. The urban infrastructure system meeting the standards prescribed in Clause 5, Article 12 of Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on the classification of cities (hereinafter referred to as Decree No. 42/2009/NĐ-CP).

8. Having a general urban plan approved by the competent authority and at least 70% of the subordinate administrative units having detailed regulations.

9. The ratio of wards to the total number of equivalent-level subordinate administrative units reaching two-thirds or more.

10. Time for synchronous development being one year or more.

Article 5. Towns under Provinces, Towns under Central-City Directly Under the Central Government

A town under a province or a town under a central-city directly under the central government shall be established when meeting the following standards:

1. Urban function: It is a comprehensive or specialized center, a transportation hub, playing a role in promoting economic and social development in a region within the province or central-city directly under the central government, or a province or central-city directly under the central government.

2. Having been recognized by the competent authority as a city of Class IV.

3. Population size reaching 50,000 people or more.

4. Population density in the inner town area reaching 4,000 people/km² or more.

5. The ratio of non-agricultural labor force in the inner town area reaching 75% or more compared to the total labor force.

6. The proportion of industry-construction and trade-service-tourism in the economic structure reaching 75% or more.

7. The urban infrastructure system meeting the standards prescribed in Clause 5, Article 13 of Decree No. 42/2009/NĐ-CP.

8. Having a general urban plan approved by the competent authority.

9. Time for synchronous development being one year or more.

Article 6. Districts under centrally governed cities

1. Districts under centrally governed cities shall be established when meeting the following criteria:

a) Population density reaches 10,000 people/km² or more;

b) The ratio of non-agricultural labor force reaches 90% or more compared to the total labor force;

c) The proportion of industry-construction and commerce-service-tourism in the economic structure reaches 90% or more;

d) Urban infrastructure systems are built synchronously and completed;

đ) Having detailed urban zoning plans approved by competent authorities.

2. In cases where districts are established to expand the inner city area of centrally governed cities, they must meet the criteria specified in point đ and achieve at least 70% of the standards set out in points a, b, c, and d of Clause 1 of this Article.

Article 7. Wards under districts, towns, provincial cities

1. Wards under districts, towns, provincial cities shall be established when meeting the following criteria:

a) Population density reaches 10,000 people/km² or more for wards under districts; reaches 6,000 people/km² or more for wards under provincial cities; reaches 4,000 people/km² or more for wards under towns;

b) The ratio of non-agricultural labor force reaches 85% or more for wards under districts; reaches 75% or more for wards under provincial cities; reaches 70% or more for wards under towns;

c) Urban infrastructure systems are built synchronously for wards under districts; are synchronized in individual aspects or are currently being constructed towards synchronization for wards under towns and provincial cities;

d) Having detailed planning schemes approved by competent authorities.

2. In cases where wards are established to expand the inner city or town area, they must meet the criteria specified in point d and achieve at least 70% of the standards set out in points a, b, and c of Clause 1 of this Article.

Article 8. Towns under counties

Towns under counties shall be established when meeting the following criteria:

1. Urban function: serving as a comprehensive or specialized center, playing a role in promoting the socio-economic development of a county or part of a county.

2. Already recognized by competent authorities as a Class V urban area.

3. Population size reaches 4,000 people or more.

4. Population density reaches 2,000 people/km² or more.

5. The ratio of non-agricultural labor force reaches 65% or more compared to the total labor force.

6. Urban infrastructure systems meet the standards stipulated in Clause 5 of Article 14 of Decree No. 42/2009/NĐ-CP.

7. Having general planning schemes approved by competent authorities.

8. Time for synchronous construction lasting one year or more.

Article 9. Criteria for establishing provincial cities, towns, districts, wards, and towns in special cases

1. For the establishment of provincial cities, towns, districts, wards, and towns in mountainous areas, highlands, remote areas, border regions, islands, or areas with special values in cultural heritage, history, nature, and tourism recognized at national and international levels, population size and density criteria may be lower but must reach at least 50% of the population size and density criteria set out in Articles 4, 5, 6, 7, and 8 of this Decree; other criteria must meet the standards set out in this Decree.

2. In special cases to meet territorial management requirements, protect national sovereignty, or manage and invest in socio-economic development in key national areas, the establishment of provincial cities, towns, districts, wards, and towns may be decided by competent state agencies before the area achieves basic classification criteria for urban areas through investment and construction.

Chapter III

 PROCEDURES FOR ESTABLISHING AND REVIEWING DOCUMENTS FOR THE ESTABLISHMENT OF PROVINCIAL CITIES, TOWNS, DISTRICTS, WARDS, AND TOWNS

Article 10. Documents for Establishing a Provincial City, District City, District, Ward, or Town

The documents for establishing a provincial city, district city, district, ward, or town include:

1. A proposal from the People's Committee of the province to the Government regarding the establishment of a provincial city, district city, district, ward, or town.

2. A project for establishing a provincial city, district city, district, ward, or town.

3. Resolutions of the People's Councils at the provincial, district, and commune levels approving the project for establishing a provincial city, district city, district, ward, or town.

4. A summary of the opinions of voters or household representatives related to the establishment of a provincial city, district city, district, ward, or town.

5. Relevant legal documents pertaining to the review of the project for establishing a provincial city, district city, district, ward, or town.

Article 11. Procedure for Preparing Documents for Establishing a Provincial City, District City, District, Ward, or Town

1. The People's Committee of the province directs the People's Committees of the relevant districts to develop the project for establishing a provincial city, district city, district, ward, or town.

2. The People's Committee of the district develops the project for establishing a provincial city, district city, district, ward, or town; directs the People's Committees of the communes to collect voter opinions or household representative opinions, and submit the project for approval by the People's Councils at the commune level. The People's Committee of the district submits the project for approval by the People's Council at the same level before submitting it to the People's Committee of the province.

3. The Department of Home Affairs reviews the project for establishing a provincial city, district city, district, ward, or town submitted by the People's Committee of the district, and reports to the People's Committee of the province.

4. The People's Committee of the province submits the project for approval by the People's Council at the same level before submitting it to the Government for consideration and decision.

Article 12. Review of Documents for Establishing a Provincial City, District City, District, Ward, or Town

The Ministry of Home Affairs organizes the review of documents for establishing a provincial city, district city, district, ward, or town, and submits them to the Government for consideration and decision.

Chapter IV

IMPLEMENTATION

Article 13. Effective Date

This Decree takes effect from September 25, 2011.

Article 14. Implementation Organization

1. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. The People's Committees of the provinces are responsible for submitting annual urban management work reports to the Ministry of Home Affairs for consolidation and reporting to the Government.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of centrally governed cities, and organizations and individuals concerned are responsible for implementing this Decree./.