|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No.
62/2011/ND-CP
|
Hanoi,
July 26, 2011
|
DECREE
ON
THE ESTABLISHMENT OF PROVINCIAL CITIES, TOWNS, URBAN DISTRICTS, WARDS AND
TOWNSHIPS
THE GOVERNMENT
Pursuant to the December 25,
2011 Law on Organization of the Government;
Pursuant to the November 26,
2003 Law on Organization of People's Councils and People's Committees;
Pursuant to the June 17, 2009
Law on Urban Planning;
At the proposal of the
Minister of Home Affairs,
DECREES:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Decree provides for
conditions and criteria for and process of compilation and appraisal of
dossiers of establishment of provincial cities, towns, urban districts, wards
and townships.
Article 2. Interpretation of
terms
In this Decree, synchronous
construction duration is construed as a period of time necessary for investment
in construction or embellishment of an urban center, counting from the time it
is recognized to reach a relevant grade till the time of compiling a dossier of
establishment of a provincial city, town or township.
Article 3. Conditions for
establishment of provincial cities, towns, urban districts, wards or townships
A provincial city, town, urban
district, ward or township may be established on the following conditions:
1. Meeting requirements for
territory-based state administrative management.
2. Being in line with the
national socioeconomic development master plan and the master plan on
development of a national system of urban centers; having a master plan, a
zoning plan and a detailed master plan approved by a competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter II
CRITERIA FOR ESTABLISHMENT OF PROVINCIAL CITIES,
TOWNS, URBAN DISTRICTS, WARDS AND TOWNSHIPS
Article 4. Provincial cities
A provincial city may be
established when it fully meets the following criteria:
1. Urban functions: Being a
provincial capital acting as a provincial-level general center and traffic and
exchange hub or being a provincial-level urban center acting as an
inter-provincial specialized center and traffic and exchange hub, with the role
of promoting socio-economic development of an intra-provincial territory, a
province or some sectors in an inter-provincial territory.
2. Having been recognized as an
urban center of grade-TIT or higher by a competent authority.
3. Having a population of at
least 150,000.
4. Having a population density
of at least 6,000 papple/km2 in the inner area.
5. Having a non-agricultural
labor force in the inner area accounting for at least 80% the total workforce.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Having an urban
infrastructure system reaching the criteria specified in Clause 5, Article 12
of the Government's Decree No. 42/2009/ND-CP of May 7, 2009, on the grading of
urban centers (below referred to as Decree No. 42/2009/ND-CP).
8. Having its master plan
approved by a competent authority and having detailed master plans for at least
70% of its dependent administrative units.
9. Having at least two-thirds of
its dependent commune-level administrative units being wards.
10. Having a synchronous
construction duration of at least one year.
Article 5. Towns of provinces
or centrally run cities
A town of a province or
centrally run city may be established when it fully meets the following
criteria:
1. Urban functions: Being a
general or specialized center and a traffic or exchange hub with the role of
promoting socio-economic development of an intra-provincial territory or a
province or centrally run city.
2. Having been recognized as a
grade-IV urban center by a competent authority.
3. Having a population of at
least 50,000.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Having a non-agricultural
labor force in the inner area accounting for at least 75% of the total
workforce.
6. Having the industry-construction
and trade-services-tourism sectors accounting for at least 75% of the economic
structure.
7. Having an urban
infrastructure system reaching the criteria specified in Clause 5, Article 13
of Decree No. 42/2009/ND-CP.
8. Having its master plan approved
by a competent authority.
9. Having a synchronous
construction duration of at least one year,
Article 6. Urban districts of
centrally run cities
1. An urban district of a
centrally run city may be established when it fully meets the following
criteria:
a/ Having a population density
of at least 10,000 people/km2;
b/ Having a non-agricultural
labor force accounting for at least 90% of the total workforce;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ Having a synchronous and
complete urban infrastructure system;
e/ Having its zoning plan
approved by a competent authority.
2. An urban district to be
established for expansion of the inner area of a centrally run city must fully
meet the criterion specified at Point e and at least 70% of the criteria
specified at Points a, b, c and d, Clause 1 of this Article.
Article 7. Wards of urban
districts, towns and provincial cities
1. A ward of an urban district,
town or provincial city may be established when it fully meets the following
criteria:
a/ Having a population density
of at least 10,000 people/km2, forwards of urban districts, 6,000 people/km2,
for wards of provincial cities, or 4,000 people/km2, for wards of townships;
b/ Having a non-agricultural
labor force accounting for at least 85%, for wards of urban districts, 75%, for
wards of provincial cities, or 70%, for wards of townships;
c/ Having a synchronous urban
infrastructure system, for wards of urban districts, or a partially or
incrementally synchronous one, for wards of towns or provincial cities;
d/ Having its detailed master
plan approved by a competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8. Townships of
districts
A township of a district may be
established when it fully meets the following criteria:
1. Urban functions: Being a
general or specialized center with the role of promoting socio-economic
development of a district or an intra-district territory.
2. Having been recognized as a
grade-V urban center by a competent authority.
3. Having a population of at
least 4,000.
4. Having a population density
of at least 2,000 people/km2.
5. Having a non-agricultural
labor force accounting for at least 65% of the total workforce.
6. Having an urban
infrastructure system reaching the criteria specified in Clause 5, Article 14
of Decree 42/2009/ND-CP.
7. Having its master plan
approved by a competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 9. Criteria for
establishment of provincial cities, towns, urban districts, wars and townships
in special circumstances
1. In case of establishing a
provincial city, town, urban district, ward or township in a mountainous,
deep-lying, remote, border or island area or an area with special values in
terms of cultural, historical or natural heritages or tourism, which has been
nationally or internationally recognized, the criteria of population size and
population density may be lessened but not lower than 50% of the prescribed
levels specified in Article 4,5, 6, 7 or 8 of this Decree, while the remaining
criteria must be fully met.
2. In special case to meet
requirements for territorial management, national sovereignty protection or
socio-economic development investment in a key area of national importance, the
establishment of a provincial city, town, urban district, ward or township may
be decided by competent state management agencies before construction
investment is made for such area to reach basic criteria for grading urban
centers.
Chapter III
ORDER OF COMPILATION AND APPRAISAL OF DOSSIERS OF
ESTABLISHMENT OF PROVINCIAL CITIES, TOWNS, URBAN DISTRICTS AND TOWNSHIPS
Article 10. Dossiers of
establishment of provincial cities, towns, urban districts, wards and townships
A dossier of establishment of a
provincial city, town, urban district, ward or township comprises the following
documents:
1. A report made by the
provincial-level People's Committee to the Government proposing the
establishment of a provincial city, town, urban district, ward or township.
2. A scheme on the establishment
of a provincial city, town, urban district, ward or township.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A summary of opinions of
voters or household representatives involved in the establishment of the
provincial city, town, urban district, ward or township.
5. Legal documents related to
the approval of the scheme on the establishment of a provincial city, town,
urban district, ward or township.
Article 11. Process of
compilation of dossiers of establishment of provincial cities, towns, urban
districts, wards and townships
1. The provincial-level People's
Committee directs the concerned district-level People's Committee to elaborate
a scheme on the establishment of a provincial city, town, urban district, ward
or township.
2. The district-level People's
Committee elaborates a scheme on the establishment of a provincial city, town,
urban district, ward or township; directs the concerned commune-level People's
Committees to gather opinions of voters or household representatives and submit
the scheme to the commune-level People's Council for approval.
The district-level People's Committee
proposes the district-level People's Council to approve the scheme before
submitting it to the provincial-level People's Committee.
3. The provincial-level Home
Affairs Department appraises the scheme submitted by the district-level
People's Committee for reporting to the provincial-level People's Committee.
4. The provincial-level People's
Committee submits the scheme to the provincial-level People's Council for
approval before submitting it to the Government for consideration and decision.
Article 12. Appraisal of
dossiers of establishment of provincial cities, towns, urban districts, wards
and townships
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 13. Effect
This Decree takes effect on
September 25, 2011.
Article 14. Organization of
implementation
1. The Ministry of Home Affairs
shall assume the prime responsibility for, and coordinate with concerned
ministries and sectors in, guiding the implementation of this Decree.
2. Provincial-level People's
Committees shall send annual reports on urban management in their respective
localities to the Ministry of Home Affairs for summarization and reporting to
the Government.
3. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees and concerned organizations and individuals
shall implement this Decree.-
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung