Circular No. 10/2010/TT-BXD dated August 11, 2010 of the Ministry of Construction defining records of each urban planning

CIRCULAR

DEFINING RECORDS OF EACH URBAN PLANNING

Pursuant to the Law on Urban Planning No.30/2009/QH12;

Pursuant to the Decree No.37/2010/ND-CP dated 07/4/2010 of the Government on formulation, appraisal, approval and management of urban planning;

Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction,

Ministry of Construction defines dossier of each  urban planning as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing.

This Circular defines the records of tasks and urban planning scheme including: general urban planning, subdivision planning, detailed planning, specialized planning of technical infrastructure and separate urban design scheme.

Article 2. Contents and standards.

1. The contents shown in the explanation and drawing of the tasks and urban planning scheme must be consistent with each type of planning and in compliance with the provisions of this Circular.

2. Notation system of the urban planning scheme drawing must comply with Decision No.21/2005/QD-BXD on 22/7/2005 of the Minister of Construction. For subdivision planning, it shall apply to the provisions for 1/2,000 detailed planning.

Article 3. Records of urban planning tasks.

Records of urban planning tasks include explanation, drawing, and a decision draft of approving the planning tasks.

Article 4. Records of urban planning scheme.

1. General explanation and brief explanation. The brief explanation is written briefly on the basis of the general explanation, only present briefly the conclusions and the results drawn after the study. Particularly, the assessment of current state is only stated briefly the issues required to be settled.

2. The Drawing of urban planning scheme.

a) The scheme drawing components include drawing of the current state, the planning drawing, perspective drawing, and illustrations. The rate of drawings is specified by each type of planning scheme and the planning object.

b) The drawings must show the full main specifications of the specialities by the planning stages. The current state drawing and planning drawing must be agreed on the rate, symbol, and color.

3. The decision draft of approving the urban planning scheme.

4. Regulations draft of the management by the urban planning scheme. Regulations of management by the planning scheme must comply with the provisions of Article 35 of the Law on Urban Planning and the Appendix attached to this Circular.

5. CD archiving all records of the planning scheme includes explanations, drawings, and Regulations of management under the planning scheme.

Chapter II

RECORD CONTENTS OF URBAN PLANNING TASKS

Article 5. For general urban planning.

1. Explanation:

Stating in full the substantiations in determining the reasons for planning, scope, and boundaries of the general planning, urban nature, the views, and objectives of the scheme, the urban role for region and the whole nation.

Stating the expected basic criteria of population, land and technical infrastructure.

Stating the requirements and basic principles to the survey of current state and collection of materials, urban development trend, spatial organizational structure, the key works, social infrastructure, organization of frame technical infrastructure work system, strategic environmental assessment.

Stating list, number of records, product of the scheme, progress, and implementation organization.

2. Components of the drawing include:

Diagram of location; the regional connection; the rate of 1/50,000 or 1/100,000; and map of research boundaries, and research scope to make urban planning; the rate of 1/10,000 or 1/25,000 or 1/50,000.

3. The decision draft of approving the general urban planning tasks:

Stating fully the contents specified at point a, clause 1, Article 34 of Decree No.37/2010/ND-CP dated 07/4/2010 of the Government on formulation, appraisal, approval, and management of urban planning (hereinafter referred to as Decree No.37/2010/ND-CP).

Article 6. For subdivision planning.

1. Explanation:

Stating in full the substantiations in determining: the scope boundaries, area, and nature of the area planned subdivision.

Stating the expected basic criteria of population, land use, social infrastructure, and technical infrastructure on the basis of the general urban planning approved.

Stating the requirements and basic principles for the survey of current state, collection of materials, spatial organization, function zoning, architecture, technical infrastructure connection, strategic environmental assessment.

Stating list, number of records, product of the scheme, progress, and implementation organization.

2. Components of the drawing include:

Diagram of location of planned area taken from the general urban planning.

Map of research boundaries and scope of the area made subdivision planning, rate of 1/2,000 or 1/5,000.

3. The decision draft of approving the subdivision planning tasks:

Stating fully the contents specified at point b, clause 1, Article 34 of Decree No.37/2010/ND-CP.

Article 7. For the detailed planning.

1. Explanation:

Stating in full the substantiations in determining: the need, scope of boundaries, area and function of the detailed planning area.

Stating the basic criteria expected to apply of size, land use, social infrastructure, and technical infrastructure on the basis of the subdivision planning approved.

Stating the requirements and basic principles for the survey of current state; and collection of materials, spatial organization, landscape architecture, technical infrastructure connection, strategic environmental assessment, other study requirements.

Stating list of work items required to invest in construction in the areas of detailed planning. Stating the list, the number of records, the product of the scheme, progress, and implementation organization.

2. Components of the drawing include:

Location diagram of the planned area extracted from the subdivision planning or the general urban planning.

Map of research boundaries and scope of the area of detailed planning, the rate of 1/500.

3. The decision draft of approving the detailed planning tasks:

Stating fully the contents specified at point c, clause 1, Article 34 of Decree No.37/2010/ND-CP.

Article 8. For separate urban design scheme.

1. Explanation:

Stating in full the substantiations in determining the reasons to make urban design, the views and objectives, scope, and boundaries of the urban design study.

Stating the concerned economic – technical targets specified by the planning schemes approved. Analyzing and proposing targets expected to apply for determining elevation, streets planning, and construction height for each work; setback space of the work in the scope of research.

Stating the requirements and basic principles to the survey of current state and collection of materials, spatial organization (public trees, gardens, street trees, and water surface), landscape architecture (colors, materials, forms and architectural details of the works and other architectural objects).

Stating the list, the number of records, product of the scheme, progress, and implementation organization.

2. Components of the drawing include:

Diagram of location of urban design area extracted from the detailed planning or subdivision planning or general urban planning.

Map of research boundaries and scope of the area made separate urban design.

3. The decision draft of approving the separate urban design tasks.

Article 9. For specialized planning of technical infrastructure.

1. Explanation

Stating the reasons of making planning, the views and objectives of the scheme in accordance with infrastructure speciality.

Stating the requirements for overall and collective assessment of the current state of the technical infrastructure speciality, review and analysis of selection of economic - technical targets, demand forecasts, the requirements of specifying location and scale of key works as well as the solutions of technical network.

Stating list of records, product of the scheme; progress; and implementation organization.

2. Drawings:

Map of research boundaries for planning urban technical infrastructure speciality, rate of 1/10,000 or 1/50,000.

3. The decision draft of approving the planning tasks of technical infrastructure speciality.

Chapter III

RECORDS CONTENTS OF URBAN PLANNING SCHEME

Article 10. For general urban planning.

1. Centrally-run cities.

a) General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the contents of the scheme prescribed in Article 15 of Decree No.37/2010/ND-CP of the Government.

The explanation must contain diagrams, miniature drawings of size A3, statistics tables, calculation Appendix, and illustrations.

The explanations of the records of general planning scheme of centrally-run cities need to be focused on the following contents:

- Objectives, development motivity, population size, land targets, social infrastructure, technical infrastructure for the entire city, each city, and each functional area.

- Model of development, spatial development structure of the entire city includes: the development orientation of urban system in the city, orientation for the functional areas of the entire city (industry, tourism, ecology, conservation,...); the development orientation of rural residential areas; development orientation of the spatial axes, development corridors of the city.

- Orientations for spatial development of the central urban area including development trend, expansion of urban centers and determination of the scope and scale of the functional areas; for use as a basis for determining the residential density criteria, urban planning land use norms, development principles for functional areas;

 - The development orientation of urban technical infrastructure includes: development orientation of technical infrastructure of the entire city and the development orientation of technical infrastructure for central urban areas for use as a basis for deploying the planning scheme of technical infrastructure speciality for centrally-run cities.

b) The components of the drawing include:

- Diagram of location and regional connection, the rate of 1/50,000 or 1/100,000 or 1/250,000.

- The current status maps include: current state of land use, landscape architecture, transport, electricity supply and urban lighting, water supply, ground level and rainwater drainage, waste water drainage, solid waste collection, cemeteries, the environment, collective assessment and selection of land for construction, the rate of 1/25,000 or 1/50,000.

- Diagram of urban development structure (at least 02 plans. This diagram is used only when researching reports, not included in the record submitted for approval).

- Diagram of the spatial development orientation for the entire city, the rate of 1/25,000 or 1/50,000.

- Diagram of the technical infrastructure development orientation for the entire city, the rate of 1/25,000 or 1/50,000.

- Map of land use planning and zoning functions of the central urban area according to the planning stages, the rate of 1/10,000 or 1/25,000.

- Map of the technical infrastructure development orientation and environmental protection of the central urban area, the rate of 1/10,000 or 1/25,000.

- Map of strategic environmental assessment, the rate of 1/10,000 or 1/25,000.

c) Provision for the management according to the general planning scheme.

Management regulations under the general urban planning scheme must fully show the contents specified in clause 1 of Article 35 of the Law on Urban Planning and must be accompanied by diagrams. Outline of the management regulations under the general urban planning scheme is guided in the Appendix attached to this Circular.

d) The decision draft of approving the general urban planning scheme.

2. Cities of provinces and townships.

a) General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the contents of the scheme prescribed in Article 16 of Decree No.37/2010/ND-CP of the Government. The explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix and illustrations.

The explanations of the records of general planning scheme of cities of provinces and townships need to be focused on the following contents:

- Objectives, development motivity, population size, land targets, social infrastructure, and technical infrastructure for the city.

- The development orientation of urban space includes: the model and direction of urban development; determination of the central systems (in combination with zoning underground space used for the construction of underground facilities), green tree parks and urban-level open space; development orientation of rural residential areas; proposal to organize space and architecture for the areas of architecture, landscape and the main spatial axes, squares, urban gates, urban accents.

b) The components of the drawing include:

- Diagram of location and regional connection, the rate of 1/50,000 or 1/250,000.

- The current status maps include: current state of land use, landscape architecture, transport, electricity supply and urban lighting, water supply, ground level and rainwater drainage, waste water drainage, solid waste collection, cemeteries, the environment, collective assessment and selection of land for construction, the rate of 1/10,000 or 1/25,000.

- Diagram of urban development structure (at least 02 plans. This diagram is used only when researching reports, not included in the record submitted for approval).

- Diagram of the urban spatial development orientation, the rate of 1/10,000 or 1/25,000.

- Maps of land use planning and zoning functions according to the planning stages, the rate of 1/10,000 or 1/25,000.

- Maps of the technical infrastructure development orientation and environmental protection, the rate of 1/10,000 or 1/25,000.

c) Management regulations under the general urban planning scheme must fully show the contents specified in clause 1 of Article 35 of the Law on Urban Planning and must be accompanied by diagrams. Outline of the management regulations under the general urban planning scheme is guided in the Appendix attached to this Circular.

d) The decision draft of approving the general urban planning scheme.

3. The towns, cities of grade V not yet been recognized as the towns.

a) General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the contents of the scheme prescribed in Article 17 of Decree No.37/2010/ND-CP of the Government. The explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix and illustrations.

The explanations of the records of general planning scheme of the towns, cities of grade V not yet have been recognized as the towns need to be focused on the following contents:

- Objectives, development motivity, population size, land targets, social infrastructure, and technical infrastructure for the city.

- The development orientation of urban space includes: the direction of urban development; determination of the scope, scale of the urban functional areas; determination of the centers, green tree parks, and open space of the city.

- Orientation of spatial organization, architecture and landscape for the functional areas of the city, the spatial axis.

b) The components of the drawing include:

- Diagram of location and regional connection, the rate of 1/10,000 or 1/25,000.

- The current status maps include: current state of land use, landscape architecture, transport, electricity supply and urban lighting, water supply, ground level and rainwater drainage, waste water drainage, solid waste collection, cemeteries, the environment, collective assessment and selection of land for construction, the rate of 1/2,000 or 1/5,000.

- Diagram of urban development structure (at least 02 plans. This diagram is used only when researching reports, not included in the record submitted for approval);

- Diagram of the urban spatial development orientation, the rate of 1/2,000 or 1/5,000.

- Map of land use planning and zoning functions according to the planning stages, the rate of 1/2,000 or 1/5,000.

- Maps of the technical infrastructure development orientation and environmental protection, the rate of 1/2,000 or 1/5,000.

c) Provision for the management according to the general urban planning scheme.

Management regulations under the general urban planning scheme must fully show the contents specified in clause 1 of Article 35 of the Law on Urban Planning and must be accompanied by diagrams. Outline of the management regulations under the general urban planning scheme is guided in the Appendix attached to this Circular.

d) The decision draft of approving the planning scheme.

Article 11. For subdivision planning.

1. General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the contents of the scheme prescribed in Article 19 of Decree No.37/2010/ND-CP of the Government.

The explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix and illustrations.

The explanations of the records of subdivision planning scheme need to be focused on the following contents:

- Objectives and scope of planning to meet needs for use as a basis for making the construction investment projects.

- Determination of land use criteria for urban planning, social infrastructure, and technical infrastructure for the entire planning area.

- Determination of the principles and organizational requirements of space, architecture and landscape for each functional area, each block, main road exes, open spatial region, regional accents.

- Determination of programs and technical infrastructural items of investment priorities and resources for implementation.

2. Components of the drawing include:

- Diagram of location and limitation of land area, the rate of 1/10,000 or 1/25,000.

- Map of the landscape architecture current state and construction land assessment, the rate of 1/2,000 or 1/5,000.

- The current state maps of technical infrastructure system and environmental protection, the rate of 1/2,000 or 1/5,000.

- Planning map of the total land use ground, the rate of 1/2,000 or 1/5,000.

- Diagram of landscape architectural space organization, the rate of 1/2,000 or 1/5,000.

- Maps of transportation planning and red line boundaries, construction boundaries, the rate of 1/2,000 or 1/5,000.

- Other planning maps of technical infrastructure system and environment, the rate of 1/2,000 or 1/5,000.

- General map of the lines, pipelines of technology, the rate of 1/2,000 or 1/5,000.

- Map of strategic environmental assessment, the rate of 1/2,000 or 1/5,000.

3. Regulations of management according to the subdivision planning scheme.

Regulations of management according to the subdivision planning scheme must fully show the contents specified in clause 2 of Article 35 of the Law on Urban Planning and must be accompanied by diagrams of functional areas. Outline of management regulations according to the planning scheme is guided in the Appendix attached to this Circular.

Article 12. For detailed planning

1. General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the contents of the scheme prescribed in Article 20 of Decree No.37/2010/ND-CP of the Government.

The explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix and illustrations.

The explanations of the records of detailed urban planning scheme need to be focused on the following contents:

- Determination of population criteria, social infrastructure, technical infrastructure, and organizational requirements of space and architecture for the entire planning area; land use criteria and requirements for work architecture for each land lot; layout of the technical infrastructure works network to the boundary of the land lot.

- Determination of location; and scale of specific areas should be controled, the contents should be implemented to control, and regulations should be implemented.

- Provision or proposal of solutions to design the specific works.

- Determination of construction areas of underground works (public underground works, high-rise apartment buildings with basement ...)

2. Components of the drawing include:

- Diagram of location, and limitation of the land area, the rate of 1/2,000 or 1/5,000.

- Current state map of the landscape architecture and construction land assessment, the rate of 1/5,000.

- The Current state maps of technical infrastructure system, the rate of 1/500.

- Planning map of the total land use ground, the rate of 1/500.

- Organization diagram of space, architecture, and landscape.

- Maps of red line boundaries, construction boundaries, protection corridors of technical infrastructure lines, the rate of 1/500.

- Maps of technical infrastructure system planning and environment, the rate of 1/500.

- General map of the lines, pipelines of technology, the rate of 1/500;

- Map of strategic environmental assessment, the rate of 1/500.

It needs to show additionally topographical maps together with cadastral maps for the following maps: current status of landscape architecture and land construction assessment; current state of technical infrastructure systems; the planning for total use land surface; red line boundaries, construction boundaries and protection corridor of technical infrastructure lines, planning for environmental and technical infrastructure system.

3. Regulations of management according to the detailed planning scheme.

Regulation of management according to the detailed planning scheme must show fully the contents specified in clause 3 of Article 35 of the Law on Urban Planning and the attached diagram. Outline of regulations of the management according to the planning scheme is guided in the Appendix attached to this Circular.

Article 13. For the specialized planning of urban technical infrastructure.

1. Specialized planning scheme of urban transport.

a) General explanation:

Analysis, synthesis and evaluation of the current state of construction and development of the urban transport system; the planning solutions for urban transport system must ensure the contents prescribed in Article 22 of Decree No.37/2010/ND-CP. Explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix, illustrations.

b) The components of the drawing include:

- Diagram of location and regional connection show: study boundaries, scope making planning and the transportation network of main connection, the rate of 1/50,000 or 1/250,000.

- A current state map of the transport system shows the external traffic network, urban transport; location and sizes of stations and airports - airports, river ports, sea ports, inter-provincial bus stations, large parking lots, the rate of 1/10,000 or 1/25,000.

- Diagram of the transport system planning, the rate of 1/10,000 or 1/25,000:

+ External transport system includes: the size, direction of roads, national railway, waterway, airway; positions and sizes of airports, railway stations, ports, inland ports, and inter-provincial bus stations.

+ Urban transport system includes urban road network (to the main street of area-level) urban railways; waterways; location, type and scale of key intersections and parking lots, central raiway stations of transporting passengers, large river-crossing bridges, overpasses, road tunnels; major public passengers transportation routes.

2. Planning scheme of ground altitude and urban surface water drainage.

a) General explanation:

Analysis, synthesis and evaluation of the terrain, the geological conditions of work, hydrology, the areas of environmental disaster and proposal of solutions to plan the ground altitude and surface water drainage to ensure the contents stated in Article 23 of Decree No.37/2010/ND-CP. Explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation Appendix, illustrations.

b) The components of the drawing include:

- Diagram of location and regional connection show: study boundaries, scope making planning and the system of main rivers, irrigation of the region, the rate of 1/50,000 or 1/250,000.

- Current state map of the general assessment of construction land, drainage systems; location and scale of key works, the rate of 1/10,000 or 1/25,000.

- Planning diagram of ground altitude and urban surface water drainage, the rate of 1/10,000 or 1/25,000:

+ Drainage basin, drainage systems; location and scale of key works.

+ Ground altitude in the urban areas and the urban-level main streets.

3. Planning scheme for urban power supply.

a) General explanation:

Analysis, synthesis, and specific evaluation of the current state of power supply and proposal of solutions to plan the power supply to ensure the contents stated in Article 24 of Decree No.37/2010/ND-CP. Explanation must contain diagrams, miniature drawings of size A3, tables of statistics, calculation, and analysis.

b) The components of the drawing include:

- Diagram of location and regional connection show: study boundaries, scope making planning and the system of electricity transmission, the rate of 1/50,000 or 1/250,000.

- Current state map the system of power supply showing power source, transmission lines and distribution; location and size of the substations, the rate of 1/10,000 or 1/25,000.

- Planning map of the power supply showing power source, transmission lines and distribution; location and size of the substations, the rate of 1/10,000 or 1/25,000.

- The illustrating drawings (if any).

4. Planning scheme of urban lighting.

a) General explanation:

Analysis, synthesis, and specific evaluation of the current state of urban lighting; the lighting planning solutions must satisfy The provisions of Article 25 of Decree No.37/2010/ND-CP, and also to clarify the subject, ideas of lighting for the urban functional areas, public space, traffic works, lighting for the work’s external surface, lighting for advertising and festival area. Explanation must contain miniature drawings of size A3, tables of statistics, calculation, and illustrations.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map of the urban lighting system showing the current status of the general power supply system of the city, grids to illuminate the major axes to the regional level, the rate of 1/10,000 or 1/25,000.

- Planning map of urban lighting showing the theme, the ideas of urban lighting according to the urban functional areas, public spaces, the main exes to the regional level and urban accents, the rate of 1/10,000 or 1/25,000.

- The illustrating drawings (if any).

5. Planning scheme of urban water supply.

a) General explanation:

Analysis, synthesis and evaluation of the current status of water supply systems;

reserves and water source; proposal of the solutions for water supply planning must ensure the contents prescribed in Article 26 of Decree No.37/2010/ND-CP. Explanation must contain diagram, miniature drawings of size A3, tables, calculation, and synthesis.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map of the construction and development of water supply systems showing location and sizes of water supply works, transmission lines and water distribution lines (grade 1 and grade 2), the rate of 1/10,000 or 1/25,000.

- Planning map of water supply showing water supply zoning; location of the transmission lines and distribution lines; location and sizes of water supply works, the rate of 1/10,000 or 1/25,000.

6. Planning scheme of urban waste water drainage.

a) General explanation:

Analysis, synthesis and evaluation of the current status of drainage systems; environmental changes, the ability to drain; proposal of the planning solutions must ensure the contents prescribed in Article 27 of Decree No.37/2010/ND-CP. Explanation must contain diagram, miniature drawings of size A3, tables, calculation, and synthesis.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map of the construction and development of the drainage system showing: The location, size of drainage works, drainage lines of grade I and II, the rate of 1/10,000 or 1/25,000.

- Planning diagram of drainage showing: Zoning drainage; location of drainage lines grade I, II; location and sizes of drainage works, the rate of 1/10,000 or 1/25,000.

7. Planning scheme of solid waste disposal.

a) General explanation:

Analysis, synthesis and evaluation of the current status of solid waste disposal; the solutions of planning solid waste disposal, management must ensure the contents to be provided for in Article 28 of Decree No.37/2010/ND-CP. Explanation must contain diagram, miniature drawings of size A3, tables, calculation, and synthesis.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map of the solid waste disposal showing the position and size of the transfer stations, the facilities of solid waste disposal, the rate of 1/10,000 or 1/25,000.

- Planning map of solid waste disposal showing the location, scale of the facilities of solid waste disposal, the transfer stations, the rate of 1/10,000 or 1/25,000.

8. Planning scheme of the cemeteries.

a) General explanation:

Analysis, synthesis and evaluation of the current status of distribution of cemeteries; the specific solutions planning cemeteries in a scheme must ensure the contents prescribed in Article 29 of Decree No.37/2010/ND-CP. Explanation must contain diagram, miniature drawings of size A3, tables, calculation, and synthesis.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map showing location, size and type of cemetery, the rate of 1/10,000 or 1/25,000.

- Planning map of cemetery showing the location, size, type and grade of the cemetery, the rate of 1/10,000 or 1/25,000.

9. Planning scheme of communications.

a) General explanation:

Analysis, synthesis and evaluation of current state of communications system and proposal of solutions planning communications must ensure the contents prescribed in Article 30 of Decree No.37/2010/ND-CP. Explanation must contain diagram, miniature drawings of size A3, tables, calculation, and synthesis.

b) The components of the drawing include:

- Diagram of location and regional connection showing the research boundaries and scope of planning, the rate of 1/50,000 or 1/250,000.

- Current state map of the communication system showing the location and size of stations of receiving and broadcasting, transmission systems of wire communication, the rate of 1/10,000 or 1/25,000.

- Planning map of communications system showing transmission routes, regional stations of receiving and broadcasting, the key works, the rate of 1/10,000 or 1/25,000.

Article 14. For separate urban design scheme.

1. General explanation:

Stating in full the substantiations, scientific bases and practice to clarify the determination of the height of construction for each work; setback space of the work on each street and crossroad; determination of colors, materials, shape, architectural details of the works and other architectural objects; and organize public green trees, gardens, street green trees and water surface.

The contents of the records explanation of the separate urban design scheme should focus on the following contents:

- The current state factors affecting the urban design including information on community, regional characteristics, and resource conditions…etc.

- Determination of existing land areas and development expectation.

- Determination of areas needed to research for the location and size of each area, points, lines, specific connections need to be guided urban design to control the development.

2. Components of the drawing include:

- Diagram of location, the relationship between the design region with city with the surrounding areas.

- The diagrams valuating the development history of the region.

- The diagrams analyzing current state of regional landscape architecture.

- The diagrams analyzing the idea zoning functionally and of spatial organization.

- The drawings guiding urban designs.

3. Management regulations according to separate urban design scheme.

Management the provisions under the scheme must show fully the contents specified in clause 4 of Article 35 of the Law on Urban Planning.

Chapter IV

IMPLEMENTATION ORGAZATION

Article 15. Implementation provisions.

This Circular takes effect from 20/9/2010 and replaces the regulations on the records of tasks and plans for urban construction planning and urban areas in Circular No.07/2008/TT-BXD dated 07/4/2008 of the Ministry of Construction and Decision 03/2008/QD-BXD dated 31/03/2008 of the Minister of Construction.

Article 16. Implementation of transition for the tasks, plans deployed before 25/05/2010. (effective date of Decree 37/2010/ND-CP of 07/4/2010)

1. For overall construction planning:

a) For the general planning of urban construction which the planning duties have been approved, it shall continue to make planning scheme according to the Construction Law and Decree 08/2005/ND-CP of the Government on construction planning. The appraisal and approval of scheme comply with the Urban Planning Law and Decree No.37/2010/ND-CP dated 07/4/2010.

b) For general planning for urban construction which duties have not been approved, the formulation, appraisal, and approval of tasks and planning scheme comply with the Urban Planning Law and Decree No.37/2010/ND-CP on 07/4/2010.

c) For the scheme adjusting general planning of urban, rural district construction which the planning duties have been approved, it shall continue to make, appraise and approve the scheme under Decree 08/2005/ND-CP of the Government on construction planning, Circular No.07/2008/TT-BXD dated 07/4/2008 of the Ministry of Construction guiding the formulation, appraisal, approval and management of construction planning.

The schemes adjusting the general planning of urban, rural district construction approved shall be bases to make subdivision planning, detailed planning in the areas of rural, urban districts.

2. For detailed planning:

a) For the detailed planning of urban construction with rate of 1/2000 which tasks have been approved, it shall continue to make detailed planning scheme of construction with the rate of 1/2000 without having to rename the plan. However, the contents of the scheme should be combined with contents of subdivision planning in accordance with the provisions of the Urban Planning Law and Decree No.37/2010/ND-CP dated 07/4/2010.

The appraisal and approval of plans are implemented under the Urban Planning Law and Decree No.37/2010/ND-CP dated 07/4/2010.

b) For the detailed planning of construction with rate of 1/2000 which tasks have not been approved, it shall make the subdivision planning according to Urban Planning Law and Decree No.37/2010/ND-CP dated 7/4/2010.

c) For the detailed planning of construction with rate of 1/500 which tasks have been approved, it shall continue to formulate, appraise and approve detailed planning scheme in accordance with the provisions of the Urban Planning Law and Decree No.37/2010/ND-CP on 07/4/2010.

Article 17. Responsibility for implementation.

1. Organizations and individuals related to the work of urban planning are responsible for the implementation of this Circular.

2. Department of Architecture and Construction Planning - Ministry of Construction and the Departments of Construction of the provinces, cities, the Departments of Planning and Architecture in Hanoi and Ho Chi Minh City are the agencies to be responsible for guiding and inspecting the implementation of the provisions of this Circular.

3. In the course of implementation, if any problem arises, the organizations and individuals send their opinions to the Ministry of Construction for study and settlement. /.

APPENDIX

SCHEME PROVIDING FOR MANAGEMENT ACCORDING TO URBAN PLANNING SCHEME
(issued together with Circular No.10/TT-BXD dated 11/8/2010 of Ministry of Construction)

I. GENERAL URBAN PLANNING

1. For centrally-run cities

1.1.Part I: General provisions

a) Subjects of application, assignment of management.

b) The provisions for acreage, population of the whole city and each functional area (central cities, towns, townships, new cities, rural area, industry, forestry, tourism, ecology, conservation and development limited areas, areas where construction is prohibited…etc ....) by the development stage.

c) The general provisions for control of planning spatial development and architecture throughout the city including the central system; the functional areas; old urban areas; the new urban areas; conservation, ecology and landscape…etc.

c) The general provisions for social infrastructure development throughout the city including housing, health, education, service, commerce, public and green parks. etc.

d) The provisions for the development of technical infrastructure systems throughout the city including urban transport (road, railway, waterway, airway), ground altitude and rain water drainage, water supply, energy, lighting, sewage, communications, solid waste disposal, cemeteries…etc.

đ) The main provisions for the control and urban environmental protection for natural ecosystems (rivers, lakes, forests, trees, mountains ...), landscape topography, water sources, air and noise ....

1.2. Part II: Specific provisions

a) The provisions for the management for the central urban area:

(a.1) Space, architecture and landscape.

- Urban area (new and improved);

- Parks and trees;

- The special functional areas (the historical and cultural relics, ancient streets, national parks and botanical gardens, characteristics natural landscape);

- Suburban residential areas;

- The beauty spot;

- The typical area (lowland, alluvial, agricultural land, forest land, fallow land, land containing minerals, underground works, technical infrastructure key works, - industrial zones, stores);

(The contents of the regulations to clarify the boundaries and acreage of the functional areas; the provisions for the density of population; norms of urban planning land use: construction density, coefficient of land use, the maximum and minimum height of construction of the work; development principles; technical infrastructure requirements and environmental protection for each area and functional area).

(a.2) Social infrastructure systems:

- The residential units, residential housing group and residential land (in the new urban areas, old urban areas, villages, social housing...);

- Other system of social infrastructure: health, education, sports, trade and services ...

(a.3) The system of technical infrastructure:

Regulations on the red line boundaries, the main streets; the scope of protection, safety corridors for main technical infrastructure works and the underground works.

b) The provisions applicable to other urban areas (towns, townships, new urban areas).

Regulations on the orientation of spatial development, technical infrastructure, social infrastructure and the environment.

c) The provisions for control of space, architecture of specific areas (central areas, gateway areas of the city, main spatial axes of the square, open space, trees, water surface, accents. etc. ). Clarification of the content prohibited, restricted, encouraged the development.

1.3. Part III: Implementation organization

The provisions for the legality, organizational plan for the implementation of the general planning of city (General planning of towns, townships, specialized planning of technical infrastructure, subdivision planning, detailed planning).

2. For the cities of provinces and towns:

2.1. Part I: General provisions

a) Subjects of application, assignment of management;

b) The provisions for acreage and population of urban areas;

c) The provisions for the management of urban spatial development:

- The general provisions for the whole city;

- The axes of the main space;

- The areas limited development; areas not permitted to build;

- Location and rural residential areas, commune, suburban development models.

d) The provisions for the development scale of suburbs and outskirts (industry, agriculture, forestry, tourism, ecology vv ...);

đ) The provisions for the scale of the areas required to conserve (if any);

e) The general provisions for social infrastructure development;

f) The general provisions for the technical infrastructure system;

g) The main provisions of development control and urban environmental protection for natural ecosystems (rivers, lakes, forests, trees, mountains ...), landscape topography, water source, air and noise.

2.2. Part II: the specific provisions

a). Regulations on management of space, architecture, urban landscape:

- The existing areas limited development;

- The areas of refurbishment and renovation; the areas needed to conserve and restore;

- The areas switching function; the new development areas; the areas where construction is prohibited, areas reserved for development;

- The areas along the axis and corridor of urban development;

- The central area of administration;

- The new urban area and old urban area needed to improve;

- The areas of park and trees;

- The special functional areas (the historical and cultural relics, ancient streets, national parks and botanical gardens, characteristic natural landscape);

- The suburban residential areas;

- The beauty spots;

- The typical areas (lowland, alluvial, agricultural land, forest land, fallow land, land containing minerals, underground works, technical infrastructure key works, - industrial zones, stores);

- The other areas.

(The contents of the regulations to clarify the boundaries and acreage of the functional areas; the provisions for the density of population; norms of urban planning land use: construction density, coefficient of land use, the maximum and minimum height of construction of the work; development principles; technical infrastructure requirements and environmental protection for each area and functional area).

b) Regulations on social infrastructure systems:

- Housing (in the new urban areas, old urban areas, villages, social housing ...);

- The system of social infrastructure in health, education, sports, trade and services ...

(The contents of the regulations to clarify requirements and principles of development control).

c) The provisions for control of space, architecture of central areas, gateway areas of the city, main spatial axes, the square, open space, trees, water surface, accents.

(Clarification of the contents prohibited, restricted, and encouraged the development);

d) The provisions for the red line boundaries of the main streets;

đ) The regulations on the scope of protection, safety corridors for the main works of technical infrastructure and underground works.

2.3. Part III: Implementation organization

The regulations on the legality and plan of the implementation organization of the general planning (subdivision planning, detailed planning).

3. For the towns, cities of grade V:

3.1.Part I: General provisions

a) Subjects of application, assignment of management;

b) The provisions for acreage and population of urban areas;

c) The general provisions for the management of urban spatial development:

- The general provisions for the whole city;

- The axes of the main space;

- The provisions for the regional scale required to conserve (if any); the areas limited development; areas not permitted to build;

d) The general provisions for social infrastructure development;

đ) The general provisions for the technical infrastructure system;

e) The main provisions for control and urban environmental protection for natural ecosystems (rivers, lakes, forests, trees, mountains ...), landscape topography, water source, air and noise....

3.2. Part II: Specific provisions

a) The location and acreage of functional areas. Regulations on the population density, land use norms of urban planning (building density, coefficient of land use, maximum and minimum height of construction of the work), development control rules (refurbishment, conservation, renovation or new development), requirements of technical infrastructure and environmental protection for each functional area of the town include:

- Urban areas (new and improved)

- Areas of park and trees;

- The special functional areas (the historical and cultural relics, ancient streets, characteristics natural landscape);

- Suburban residential areas;

- The typical areas (lowland, alluvial, agricultural land, forest land, fallow land, land containing minerals, underground works, technical infrastructure key works, - industrial zones, stores);

- Administrative center, commercial centers, services, community centers, sports centers;

- The areas prohibited construction, areas reserved for development of the town;

c) The provisions for control of space, architecture of functional areas, main spatial axes, open space, trees, water surface, accents. (Clarification of the contents prohibited, restricted, and encouraged the development);

d) The provisions for the red line boundaries of the main streets; the scope of protection, safety corridors for main technical infrastructure works.

3.3. Part III. Organization of implementation

The provisions for the legality, plan of implementation organization of general urban planning (making detailed planning).

II. SUBDIVISION PLANNING:

1. Part I: General provisions

a) Subjects of application, assignment of management;

b) The boundaries, acreage, nature, population of the planning area;

c) The general provisions on social infrastructure (the regulations to clarify the contents banned or restricted, to encourage the development):

- The residential units, residential housing group and residential land

- Health, education, sports, trade and services …

- Administrative Center, the public areas.

d) The major provisions of the connection between technical infrastructure systems in the region with the common technical infrastructure system of the city.

đ) The main provisions for the control and urban environmental protection for natural ecosystems (rivers, lakes, forests, trees, mountains ...), landscape topography, water sources, air and noise....

2. Part II: Specific provisions

a) The boundaries, acreage and regulations on population density, land use norms of urban planning (building density, coefficient of land use, maximum and minimum height of construction of the work), control principles of development and management of space, architecture; technical infrastructure requirements and environmental protection for each street, each functional area in the planning area (the residential areas and industrial clusters, areas; the administrative area and public works; the commercial areas; areas of education, training; medical service area; areas of parks and trees; axis of space, square, open space; villages; the beauty spots; tourism areas; the areas of the key technical infrastructure works, special projects; areas of agriculture, forestry; areas of conservation, renovation and refurbishment; the typical landscape topographical areas).

b) The provisions for red line boundaries, construction boundaries, reinforced construction and the specific requirements for technology for each route; the scope of protection, safety corridor of technical infrastructure works and underground works (if any).

c) The provisions for the principles of spatial organization, architecture and landscape for major roads, open space, accents, green parks.

3. Part III. Organization of implementation

The provisions for the legality, implementation organization plan of subdivision planning (making detailed planning, urban design).

III. DETAILED PLANNING

1. Part I: General provisions

a) Subjects of application, assignment of management;

b) Scope of the boundaries, acreage of the planning areas;

c) Regulations on land use (acreage and function) and control principles of landscape architectural space of the planning areas;

d) The major provisions for technical infrastructure systems (transportation, ground altitude and rain water drainage, water supply, energy, lighting, sewage, communications, solid waste disposal, cemetery ...) connected to the technical infrastructure system of the region.

2. Part II: Specific provisions

a) The location, acreage, and regulations on population density, function, land use norms of urban planning (building density, coefficient of land use, maximum and minimum height of construction of the work), reinforced construction; height, reinforced construction floor and ceiling floor, infrastructure requirement for each land lot in the block of the planning area.

b) The provisions for the red line boundaries, construction boundaries and technical requirements for each road or alley;

c) The scope of protection, safety corridors for technical infrastructure works and underground works (if any).

d) The provisions for architectural forms and fence of works, key construction materials of the work;

đ) The provisions for architectural objects, organization of public trees, gardens, street trees, water surface, open space, accents.

3. Part III. Organization of implementation

The provisions for the legality, plan of implementation organization of detailed planning (establishing urban design, construction investment project).

IV. SEPARATE URBAN DESIGN

1. Part I: General provisions

a) Subjects of application, assignment of management;

b) Scope of boundaries, acreage of the area made urban design;

c) The main provisions of the technical infrastructure system (transport, ground altitude and rain water drainage, water supply, energy, lighting, sewage, communications, solid waste disposal, cemetery ...) connected to the technical infrastructure system of the area.

2. Part II: Specific provisions

a) Acreage, functions, land-use norms of urban planning (building density, coefficient of land use, maximum and minimum height of construction of the work) for each land lot; reinforced construction; height, reinforced construction floor and ceiling of the first floor; setback space of the work; technical infrastructure requirements for the work.

b) The provisions for architectural forms, colors of work’s facade, requirements for completion of trees, layout of the garden, the buildings’ fences and on the pavement;

c) The provisions for the layout of small architectural objects, architecture covering the technical infrastructure works;

d) The provisions for signs, advertising and forms of lighting on streets and works;

e) The provisions for the red line boundaries, construction boundaries and technical requirements for each road, alley, sidewalk, pavement ...;

f) The scope of protection, safety corridors for technical infrastructure works and underground works (if any).

g) The provisions for architectural objects, organization of public trees, gardens, street trees, water surface, open space, accents.

3. Part III. Organization of implementation

The provisions for the legality and plan of implementation organization of urban design (making project of construction investment).