Circular 06/2023/TT-BXD guiding urban development programs

CIRCULAR

Guiding a number of provisions on urban development programs^[1]

Pursuant to the Government’s Decree No. 52/2022/ND-CP of August 8, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 11/2013/ND-CP of January 14, 2013, on the management of urban development investment;

Pursuant to the Government’s Decree No. 35/2023/ND-CP of June 20, 2023, amending and supplementing a number of articles of the decrees in the field of the state management by the Ministry of Construction;

Based on unanimous opinions of the Ministry of Home Affairs and at the proposal of the Director of the Urban Development Agency;

The Minister of Construction promulgates the Circular guiding a number of provisions on urban development programs.

Article 1. Scope of regulation

This Circular guides contents, dossiers, and organization of the formulation, appraisal, approval, modification, announcement and archive of urban development programs.

Article 2. Subjects of application

This Circular applies to state management agencies, and organizations and individuals participating in activities related to urban development programs.

Article 3. Contents of provincial-level urban development programs

Contents of provincial-level urban development programs must comply with Point a, Clause 4, Article 3a of the Government’s Decree No. 11/2013/ND-CP of January 14, 2013, on  the management of urban development investment, which is supplemented under Clause 3, Article 4 of the Government’s Decree No. 35/2023/ND-CP of June 20, 2023, amending and supplementing a number of articles of the decrees in the field of state management by the Ministry of Construction (below collectively referred to as the Decree on the management of urban development investment), and are provided in detail as follows:

1. Urban development targets specified at Point a, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ Urbanization rate;

b/ Number of urban centers, list of urban centers, urban centers planned to have their administrative boundaries adjusted and new urban centers expected to be established according to urban classification;

c/ Proportion of land areas for urban construction to total land areas of provinces;

d/ Other urban development-related provincial-level statistical indicators as requested by localities.

2. Key programs and schemes to step by step realize sustainable urban development specified at Point d, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ One or more than one relevant national program or scheme (if any) and provincial-level programs and schemes that is/are being implemented or put into new proposals on urban development in response to climate change, green-growth and low-emission urban development, and smart urban development, or other national- and provincial-level programs and schemes for concretizing sustainable development targets for urban systems of provinces;

b/ Preliminarily projected total funding demand within time frames of programs, implementation phases, agencies in charge of the formulation and submission of programs and schemes to competent authorities for approval, for the programs and schemes specified at Point a of this Clause.

3. Urban development investment projects using public investment funds and funding sources other than public investment funds specified at Point dd, Clause 3, Article 3a of the Decree on the management of urban development investment that are arranged in the order of priority for each 5-year or 10-year period include:

a/ Investment projects on development of framework infrastructure and hub technical infrastructure facilities, and other projects determined in provincial-level master plans;

b/ Urban development investment projects, each of which is located in two or more district-level administrative units, and other projects falling within the investment-deciding competence of provincial-level authorities for the implementation of urban system development plans of provinces;

c/ Projects to implement the key programs and schemes specified in Clause 2 of this Article (if any).

Article 4. Contents of urban development programs of centrally run cities

Contents of urban development programs of centrally run cities must comply with Point b, Clause 4, Article 3a of the Decree on the management of urban development investment and are provided in detail as follows:

1. Urban development targets specified at Point a, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ Urbanization rate;

b/ Number of urban districts, list of urban districts planned to have their administrative boundaries adjusted and new urban districts and wards expected to be established; number of urban centers, list of urban centers, urban centers planned to have their administrative boundaries adjusted and new urban centers expected to be established in centrally run cities according to urban classification;

c/ Population density of a whole urban center; population density per unit of land areas for urban construction in inner cities;

d/ Proportion of land areas for urban construction to total land areas of a whole urban center;

dd/ Per-capita house area in inner cities;

e/ Per-capita greenery area in a whole urban center; greenery area for public use in inner cities;

g/ Proportion of land areas for urban traffic to land areas for urban construction in inner cities;

h/ Percentage of urban wastewater volumes treated up to technical standards in inner cities;  

i/ Standards below the minimum level and standards attainable at low levels according to urban classification standards at the time of program formulation and according to urban classification standards expected to be implemented in each development period for a whole city;

k/ Standards below the minimum level and standards attainable at low levels in terms of urban infrastructure development level according to urban classification standards for urban districts planned to be expanded and areas where new urban districts and wards are expected to be established;

l/ Other urban development-related provincial-level statistical indicators as required by localities.

2. Development programs and plans for areas determined under urban master plans specified at Point c, Clause 3, Article 3a of the Decree on the management of urban development investment cover:

a/ List of areas determined under urban master plans and construction schedules, including some or all of the following areas: existing areas where development is restricted; areas in need of conservation or embellishment; areas in need of makeover or renovation; newly developed areas and areas planned for expansion of existing urban districts or establishment of new urban districts or wards; specialized central areas as urban centers or higher-level areas; and areas planned for construction of underground works;

b/ Urban development areas for prioritized investment in a certain period as determined in urban development programs, which must comply with Article 10 of this Circular;

c/ Proposed development programs and plans for expansion of urban districts or establishment of new urban districts or wards or other development programs and plans that need to be separately formulated and approved to meet the practical demand of localities (if any), preliminarily projecting the funding demand, implementation phases, and agencies in charge of the formulation and submission thereof to competent authorities for approval.

3. Key programs and schemes to step by step realize sustainable urban development specified at Point d, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ One or more than one relevant national program or scheme (if any) and municipal city-level programs and schemes that is/are being implemented or put into new proposals on urban development in response to climate change, green-growth and low-emission urban development, and smart urban development, or other national- and municipal city-level programs and schemes for concretizing sustainable urban development targets;

b/ Preliminarily projected total funding demand within time frames of programs, implementation phases, and agencies in charge of the formulation and submission of programs and schemes to competent authorities for approval, for the programs and schemes specified at Point a of this Clause.

4. Urban development investment projects using public investment funds and funding sources other than public investment funds specified at Point dd, Clause 3, Article 3a of the Decree on the management of urban development investment that are arranged in the order of priority for each 5-year or 10-year period include:

a/ Investment projects on development of framework infrastructure and hub technical infrastructure facilities, and other projects determined in master plans of centrally run cities;

b/ Urban development investment projects, each of which is located in two or more district-level administrative units;

c/ Projects to implement the programs, plans and schemes specified in Clauses 2 and 3 of this Article (if any);

d/ Investment projects aimed at completing or improving the standards specified at Point i, Clause 1 of this Article;

dd/ Investment projects on development of urban infrastructure and hub technical infrastructure facilities, and other projects aimed at completing or improving the standards specified at Point k, Clause 1 of this Article;

e/ Other urban development investment projects to implement approved master plans (if any).

Article 5. Contents of urban development programs of cities and towns of provinces or centrally run cities; or of townships of rural districts

Contents of urban development programs of cities and towns of provinces or centrally run cities; or of townships of rural districts must comply with Clause 5, Article 3a of the Decree on the management of urban development investment and are provided in detail as follows:

1. Urban development targets specified at Point a, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ Population density of a whole urban center; population density per unit of land areas for urban construction in inner cities or inner towns;

b/ Proportion of land areas for urban construction to total land areas of a whole urban center;

c/ Per-capita house area in inner cities or inner towns;

d/ Per-capita greenery area in a whole urban center;

dd/ Proportion of land areas for urban traffic to land areas for urban construction in inner cities or inner towns;

e/ Percentage of urban wastewater volumes treated up to technical standards in inner cities or inner towns;  

g/ Standards below the minimum level and standards attainable at low levels according to urban classification standards at the time of program formulation and according to  urban classification standards expected to be implemented in each development period;

h/ Number of wards planned to have their administrative boundaries adjusted or to be established (if any) and standards below the minimum level and standards attainable at low levels in terms of urban infrastructure development level according to urban classification standards for wards planned to have their administrative boundaries adjusted or to be established;

i/ Other urban development-related district-level statistical indicators as required by localities.

2. Urban development targets set in urban development programs of townships of rural districts specified at Point a, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ Population density of a whole urban center;

b/ Standards below the minimum level and standards attainable at low levels according to urban classification standards at the time of program formulation and according to urban classification standards expected to be implemented;

c/ Other urban development-related commune-level statistical indicators as required by localities.

3. Development programs and plans for areas determined under urban master plans specified at Point c, Clause 3, Article 3a of the Decree on the management of urban development investment cover:

a/ List of areas determined under urban master plans and construction schedules, including some or all of the following areas: existing areas where development is restricted; areas in need of conservation or embellishment; areas in need of makeover or renovation; newly developed areas and areas planned for expansion of existing wards or establishment of new wards; specialized central areas as urban centers or higher-level areas; and areas planned for construction of underground works;

b/ Urban development areas for prioritized investment in a certain period as determined in urban development programs, which must comply with Article 10 of this Circular;

c/ Proposed development programs and plans that need to be separately formulated and approved to meet the practical demand of localities (if any), preliminarily projecting the funding demand, implementation phases, and agencies in charge of the formulation and submission thereof to competent authorities for approval.

4. Key programs and schemes to step by step realize sustainable urban development specified at Point d, Clause 3, Article 3a of the Decree on the management of urban development investment include:

a/ One or more than one program or scheme that is/are being implemented or put into new proposals on urban development in response to climate change, green-growth and low-emission urban development, and smart urban development, or other urban center-level programs and schemes for concretizing sustainable urban development targets;

b/ Preliminarily projected total funding demand within time frames of programs, implementation phases, and agencies in charge of the formulation and submission of programs and schemes to competent authorities for approval, for the programs and schemes specified at Point a of this Clause.

5. Urban development investment projects using public investment funds and funding sources other than public investment funds specified at Point dd, Clause 3, Article 3a of the Decree on the management of urban development investment that are arranged in the order of priority for each 5-year or 10-year period include:

a/ Investment projects on development of framework infrastructure and hub technical infrastructure facilities, and other projects within urban centers determined in master plans of provinces or centrally run cities;

b/ Investment projects on urban infrastructure development, and other projects aimed at completing or improving the standards specified at Points g and h, Clause 1 of this Article or Point b, Clause 2 of this Article;

c/ Projects to implement the programs, plans and schemes specified in Clauses 3 and 4 of this Article (if any);

d/ Other urban development investment projects to implement approved master plans (if any).

Article 6. Contents of urban development programs for areas planned for construction of new urban centers

1. Contents of urban development programs for areas planned for establishment of centrally run cities must comply with Point a, Clause 6, Article 3a of the Decree on the management of urban development investment and are provided in detail as follows:

a/ Urban development criteria, including: number of urban districts, list of new urban districts and wards expected to be established; number of urban centers, list of urban centers, urban centers planned to have their administrative boundaries adjusted and new urban centers expected to be established in areas planned for establishment of centrally run cities according to urban classification; standards lower than the minimum level according to urban classification standards for areas planned for establishment of centrally run cities, for areas where new urban districts and wards are expected to be established and for urban centers in areas planned for establishment of centrally run cities;

b/ Key programs and schemes to step by step realize sustainable urban development specified at Point d, Clause 3, Article 3a of the Decree on the management of urban development investment, including: one or more than one relevant national program or scheme (if any) and provincial-level programs and schemes on urban development in response to climate change, green-growth and low-emission urban development, and smart urban development, or other national- and provincial-level programs and schemes for concretizing sustainable urban development targets; and preliminarily projected total funding demand within time frames of programs, implementation phases, and agencies in charge of the formulation and submission of programs and schemes to competent authorities for approval;

c/ Urban development investment projects using public investment funds and funding sources other than public investment funds specified at Point dd, Clause 3, Article 3a of the Decree on the management of urban development investment that are arranged in the order of priority for each 5-year or 10-year period, including: projects to implement the programs, plans and schemes specified at Point b of this Clause; projects aimed at improving standards up to the urban classification standards specified at Point a of this Clause; and other urban development investment projects to implement approved master plans (if any);

d/ After a centrally run city is established, the concerned provincial-level People’s Committee shall direct the review of contents of the approved urban development program for the area planned for establishment of the centrally run city in order to modify the existing urban development program or formulate a new one in compliance with Point a, Clause 4, Article 3a of the Decree on the management of urban development investment.

2. Contents of urban development programs for areas planned for construction of new urban centers for the establishment of cities, towns or townships must comply with Point b, Clause 6, Article 3a of the Decree on the management of urban development investment and are provided in detail as follows:

a/ Urban development criteria, including standards lower than the minimum level  according to urban classification standards for a whole urban center and areas planned for establishment of wards (if any);

b/ Urban development investment programs and projects using public investment funds and funding sources other than public investment funds that are arranged in the order of priority, including: projects aimed at improving the urban classification standards specified at Point a of this Clause; and other urban development investment projects to implement approved master plans (if any);

c/ After a city, town or township is established, the concerned provincial-level People’s Committee shall direct the review of contents of the approved urban development program for the area planned for establishment of such city, town or township in order to modify the existing urban development program or formulate a new one in compliance with Clause 5, Article 3a of the Decree on the management of urban development investment.

Article 7. Dossiers of urban development programs

1. The dossier of a provincial urban development program must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Drawings on appropriate scales at most equal to the A0-paper size, fully showing signs, legends/notes and colors to distinguish development phases on the background of drawings of the approved provincial-level master plan, including: a plan of the urban system of the whole province according to the existing urban classification, for each 5-year or 10-year period, including provincial urban centers, newly established urban centers, and urban centers having their administrative boundaries adjusted; a plan of locations of provincial-level framework infrastructure projects and hub technical infrastructure facilities and other projects specified in Clause 3, Article 3 of this Circular;

c/ Appendices, including: list, schedule and plan on urban classification; establishment and adjustment of administrative boundaries of urban centers, and list of urban centers for which urban classification criteria need to be improved in order to implement the plan on development of the provincial urban system in each 5-year or 10-year period, specified for each year of the first 5 years of the program; list of key programs, plans and schemes to step by step realize sustainable urban development; list of urban development investment projects in the order of priority specified in Clause 3, Article 3 of this Circular; and relevant documents, tables and datasheets.

2. The dossier of a urban development program for a centrally run city must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Drawings on appropriate scales at most equal to A0-paper size, fully showing signs, legends/notes and colors to distinguish development phases on the background of drawings of the approved general master plan for the centrally run city, including: a plan of the urban system of the whole city according to the existing urban classification for each 5-year or 10-year period, including urban districts, urban centers of the centrally run city, new urban centers or districts expected to be established or have their administrative boundaries adjusted; a plan of land use status and status of technical and social infrastructure facilities for urban centers; a plan of arrangement of areas specified at Points a and b, Clause 2, Article 4 of this Circular; and a plan of boundaries and locations of urban development investment projects specified in Clause 4, Article 4 of this Circular. In case the urban development program has determined urban development areas specified at Point b, Clause 2, Article 4 of this Circular, the dossier must also comprise the drawings mentioned at Points a and b, Clause 4, Article 10 of this Circular;

c/ Appendices, including:

The list, schedule and plan on urban classification; establishment and adjustment of administrative boundaries of urban centers or districts, and the list of urban districts, wards and urban centers for which urban classification criteria need to be improved in order to implement the plan on development of the centrally run-city system in each 5-year or 10-year period, specified for each year of the first 5 years of the program; the list of areas determined under the urban master plan and the construction schedule; the list of key programs and schemes to step by step realize sustainable development of the centrally run city; the list of urban development investment projects in the order of priority specified in Clause 4, Article 4 of this Circular; and relevant documents, tables and datasheets.

3. The dossier of an urban development program for a provincial or municipal city or town must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Drawings on appropriate scales at most equal to A0-paper size, fully showing signs, legends/notes and colors to distinguish development phases on the background of drawings of the approved urban general master plan, including: a plan of land use status and status of technical and social infrastructure facilities for urban centers; a plan of locations and boundaries of wards that are newly established (if any) or have their administrative boundaries adjusted; a plan of arrangement of areas specified at Points a and b, Clause 3, Article 5 of this Circular; a plan of boundaries and locations of urban development investment projects specified in Clause 5, Article 5 of this Circular; and a plan of line-based technical infrastructure facilities for urban centers. In case the urban development program has determined urban development areas specified at Point b, Clause 3, Article 5 of this Circular, the dossier must also comprise the drawings mentioned at Points a and b, Clause 4, Article 10 of this Circular;

c/ Appendices, including: the schedule and plan on urban classification; establishment and adjustment of administrative boundaries of urban centers and wards, and the list of areas planned for expansion of existing wards or establishment of new wards for which urban classification criteria need to be improved (if any) in each 5-year or 10-year period, specified for each year of the first 5 years of the program; the list of areas determined under the urban master plan and the construction schedule; the list of key programs, plans and schemes to step by step realize sustainable urban development; the list of urban development investment projects in the order of priority specified in Clause 5, Article 5 of this Circular; and relevant documents, tables and datasheets.

4. The dossier of an urban development program for a district township must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Drawings on appropriate scales at most equal to A0-paper size, fully showing signs, legends/notes and colors to distinguish development phases on the background of drawings of the approved urban general master plan, including: a plan of land use status and status of technical and social infrastructure facilities for urban centers; a plan of areas for the first-phase implementation; a plan of prioritized urban technical and social infrastructure projects; and a plan of arrangement of areas specified at Points a and b, Clause 3, Article 5 of this Circular (if any). In case the urban development program has determined urban development areas specified at Point b, Clause 3, Article 5 of this Circular, the dossier must also comprise the drawings mentioned at Points a and b, Clause 4, Article 10 of this Circular;

c/ Appendices, including: the schedule and plan on urban classification; establishment and adjustment of boundaries of urban administrative units in each 5-year or 10-year period, specified for each year of the first 5 years of the program; the list of key programs, plans and schemes to step by step realize sustainable urban development (if any); the list of urban development investment projects in the order of priority specified in Clause 5, Article 5 of this Circular; and relevant documents, tables and datasheets.

5. The dossier of an urban development program for an area planned for establishment of a centrally run city must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Some or all of the drawings specified at Point b, Clause 2 of this Article, which must include:

A plan of boundaries of the area planned for establishment of a centrally run city, the urban system according to the existing urban classification and for each 5-year or 10-year period, including the system of existing urban centers, new urban centers or districts planned to be established, and urban centers planned to have their urban administrative boundaries adjusted; a plan of land use status and status of technical and social infrastructure facilities for urban centers; and a plan of boundaries and locations of urban development investment projects specified at Point c, Clause 1, Article 6 of this Circular;

c/ Some or all of the appendices specified at Point c, Clause 2 of this Article, which must include:

The list, schedule and plan on urban classification; establishment of urban administrative units of the area planned for establishment of a centrally run city, and the list of existing urban centers, new urban centers or districts planned to be established, and urban centers planned to have their urban administrative boundaries adjusted in each 5-year or 10-year period, specified for each year of the first 5 years of the program; the list of urban development investment projects in the order of priority specified at Point c, Clause 1, Article 6 of this Circular; and relevant documents, tables and datasheets.

6. The dossier of an urban development program for an area planned for construction of new urban center(s) for the establishment of a city, town or township must comprise:

a/ A sum-up explanatory report and a summary report;

b/ Some or all of the drawings specified at Point b, Clause 3 of this Article, which must include: a plan of land use status in the area planned for construction of new urban center(s) and status of technical and social infrastructure facilities for urban centers; a plan of locations and boundaries of newly established wards (if any); a plan of boundaries and locations of urban development investment projects specified at Point b, Clause 2, Article 6 of this Circular; and a plan of line-based technical infrastructure facilities for urban centers;

c/ Some or all of the appendices specified at Point c, Clause 3 or Point c, Clause 4 of this Article which must include: the schedule and plan on urban classification; establishment of urban administrative units and wards (if any) in each 5-year or 10-year period, specified for each year of the first 5 years of the program; the list of urban development investment projects in the order of priority specified at Point b, Clause 2, Article 6 of this Circular; and relevant documents, tables and datasheets.

Article 8. Organization of the formulation, appraisal and approval of urban development programs

1. The organization of the formulation of an urban development program must comply with Clause 7, Article 3a of the Decree on the management of urban development investment and the following provisions:

a/ The agency responsible for organizing the formulation of the urban development program specified at Point a or b, Clause 7, Article 3a of the Decree on the management of urban development investment shall submit a plan on organization of the formulation of the urban development program to the provincial-level People’s Committee for approval. Such a plan must determine the formulation procedures, in-charge agency, coordinating and appraising agencies, estimated expenses and contractor selection plan (if any);

b/ The agency responsible for organizing the formulation of the urban development program shall perform responsibilities of the project owner and carry out contractor selection in accordance with the bidding law;

c/ The specialized agency in charge of urban development of the provincial-level People’s Committee, provincial-level Departments and sectors and district-level People’s Committees shall closely coordinate with the agency responsible for organizing the formulation of the urban development program.

2. Dossiers to be submitted for appraisal and approval may take the printed form and electronic form:

a/ A dossier to be submitted for appraisal must comprise a written request for the appraisal; documents of the urban development program; written opinions of the district-level People’s Committee; a summary of explained and accepted opinions of related organizations and individuals; and a draft decision on approval of the urban development program;

b/ A dossier to be submitted for approval must comprise a written  request of the agency responsible for organizing the formulation of the urban development program; documents of the urban development program; a summary of explained and accepted opinions of the appraising agency and other agencies (if any); and a draft decision on approval of the urban development program.

3. Contents of an urban development program subject to appraisal:

a/ Legal grounds, order and procedures;

b/ Evaluation of contents of the urban development program meeting the requirements specified in Clause 2, Article 3a of the Decree on the management of urban development investment.

4. The appraisal and approval of an urban development program must comply with Clause 7, Article 3a of the Decree on the management of urban development investment and the following provisions: 

a/ The agency responsible for organizing the appraisal shall invite representatives of the provincial-level Departments of Planning and Investment; Home Affairs; Natural Resources and Environment; Transport; Culture, Sports and Tourism; Agriculture and Rural Development; Industry and Trade; Information and Communications; Education and Training; Health; Finance; and Construction or Planning-Architecture, and other related agencies and experts to participate in the appraisal. It shall organize the appraisal through collecting written opinions and setting up an appraisal council, for the appraisal of urban development programs for provinces, centrally run cities, areas planned for establishment of centrally run cities, and cities classified or expected to be classified as grade-I or grade-II urban centers. The agency responsible for organizing the appraisal shall make a report on appraisal results;

b/ The number of dossier sets for appraisal is 15 as specified at Point a, Clause 2 of this Article;

c/ The provincial-level People’s Committee shall approve the urban development program according to its competence after receiving a complete dossier specified at Point b, Clause 2 of this Article, written opinions of the provincial-level People’s Council (if any), and the report on appraisal results.

5. A decision on approval of an urban development program must have the principal contents specified in Clause 3, Article 3a of the Decree on the management of urban development investment and Articles 3, 4, 5, 6 and 9 of this Circular, and must specify units responsible for organizing the implementation, periodical examination and inspection, and reporting on results of the implementation of the urban development program on an annual, 5-year and 10-year basis.

6. The determination and management of expenses for the formulation, modification, appraisal, announcement and archive of urban development programs must comply with the relevant guidance of the Ministry of Construction.

Article 9. Announcement and archive of urban development programs

1. Within 30 days after an urban development program is approved, the concerned provincial-level People’s Committee shall direct the announcement of the program approval decision and accompanying documents, and shall:

a/ Post the decision and accompanying documents on portals of the provincial-level People’s Committee, district-level People’s Committees and related specialized agencies of the provincial-level People’s Committee;

b/ Send 1 photocopy of the decision and accompanying documents to the Ministry of Construction;

c/ Organize the announcement of the decision and accompanying documents in appropriate forms, ensuring thrift and provision of adequate information to the people and related organizations for supervision and organization of the implementation.

2. Agencies responsible for organizing the formulation, appraisal and approval of urban development programs and related agencies, organizations and individuals shall archive dossiers thereof in accordance with the law on archives.

Article 10. Inclusion of contents on urban development areas in urban development programs

1. The inclusion of contents on urban development areas in urban development programs must comply with Articles 4, 5 and 6 of this Circular, except the case specified in Clause 1, Article 9 of the Decree on the management of urban development investment.

2. In case of inclusion of contents of an urban development area in an urban development program, it is necessary to explain the contents specified at Points a, b, c, d, dd, h and k, Clause 2, Article 10 of the Decree on the management of urban development investment.

3. In case an urban development area is separately established, it is required to comply with the provisions of Chapter II of the Decree on the management of urban development investment, and the approval shall be carried out after the appraisal opinions of the provincial-level Construction Department or Planning-Architecture Department are obtained.

4. Drawings and appendices of a proposed urban development area:

a/ Drawings of the location of the urban development area shall be displayed on the background of drawings of the approved general urban master plan on an appropriate scale at most equal to A0-paper size, showing the location of the proposed urban development area and relevant econo-technical norms (if any) determined in the zoning master plan or general master plan;

b/ Drawings of boundaries of the urban development area and investment phases shall be displayed on the background of the diagram of urban space development orientations of the general master plan or the diagram of organization of architecture and landscape spaces of the zoning master plan (if any), fully showing the following contents: scope of the urban development area; projected locations and boundaries of projects in the urban development area; investment phases determined under the urban development area’s implementation plan (shown in different color signs) on the same scale as the approved planning map;

c/ Appendices include the list of urban development projects in an order of priority and relevant legal documents, tables and datasheets.

Article 11. Modification of urban development programs

1. Agencies responsible for organizing the formulation of urban development programs specified at Points a and b, Clause 7, Article 3a of the Decree on the management of urban development investment shall review, and propose the modification of existing urban development programs or formulation of new ones under Clause 8, Article 3a of the Decree on the management of urban development investment, and report thereon to provincial-level People’s Committees for implementation.

2. Provincial-level People’s Committees shall approve modified contents of urban development programs after implementing the provisions of Clauses 1 and 4, Article 8 of this Circular.

Article 12. Effect and transitional provisions

1. Effect

This Circular takes effect on November 10, 2023.

2. Transitional provisions:

a/ For a grade-V urban center with its urban development program included in the dossier of an urban development area approved before the effective date of this Circular, such program may continue to be implemented until a new urban development program is approved under this Circular;

b/ In case an urban development program is being formulated but remains unapproved before the effective date of this Circular, the provincial-level People’s Committee shall direct the agency that is formulating the urban development program to continue to act as the agency responsible for organizing the formulation thereof provided that it shall review, modify or supplement such program in order to ensure compliance with the Decree on the management of urban development investment and this Circular. In case the provincial-level People’s Committee changes the unit assigned to formulate the urban development program, it shall comply with the relevant provisions of the Decree on the management of urban development investment and this Circular.

The appraisal and approval of urban development programs must comply with the relevant provisions of the Decree on the management of urban development investment and this Circular.

3. From the effective date of this Circular, the following documents cease to be effective :  

a/ Joint Circular No. 20/2013/TTLT-BXD-BNV of November 21, 2013, of the Minister of Construction and Minister of Home Affairs, guiding a number of provisions of Decree No. 11/2013/ND-CP.

b/ Circular No. 12/2014/TT-BXD of August 25, 2014, of the Minister of Construction, guiding the formulation, appraisal and approval of urban development programs.-

For the Minister of Construction
Deputy Minister
NGUYEN TUONG VAN