Decision No. 10/2008/QD-BXD dated June 25, 2008 of the Ministry of Construction promulgating the Regulation on contractors capability conditions for executing construction jobs, work items or works subject to special requirements

CIRCULAR

GUIDING THE APPRAISAL AND RECOGNITION OF MODEL NEW URBAN CENTERS

Pursuant to the Government's Decree No. J 7/ 200S/ND-CP of February 4, 2008. defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 08/ 2005/ND-CP of January 24. 2005, on construction planning;

Pursuant to the Government's Decree No. 02/ 2006/ND-CP of January 5, 2006. promulgating the Regulation on new urban centers:

Pursuant to the Government's Decree No. 29/ 2007/ND-CP of February 27, 2007. on management of urban architecture;

Based on the country's current demand for development of new urban centers and in order to build and develop the model of high-quality new urban centers nationwide, the Ministry of Construction guides the appraisal and recognition of model new urban centers as follows;

I. GENERAL PROVISIONS

1. This Circular guides the conditions, criteria, order of and procedures for preparing and appraising application dossiers of recognition of model new urban centers nationwide.

2. A model new urban center is the one being recognized by competent agencies as meeting the criteria specified in Section III and other relevant provisions of this Circular.

3. Subjects of application include People's Committees of all levels, domestic and foreign organizations and individuals engaged in the investment in. construction and management of. new urban centers.

II. CONDITIONS FOR RECOGNITION

1. A new urban center must cover an area of 50 ha or larger, such area for a to-be-upgraded existing urban center may be smaller, but not less than 20 ha.

2. Population or the number of apartments of an urban center must be at least 5.000, or around 1,000 apartments for households of different types with small, medium or large flooring spaces, designed for low and high condominiums, villas and houses on land lots under detailed planning.

3. The location of a new urban center must be in line with the construction planning.

III. CRITERIA FOR APPRAISAL OF MODEL NEW URBAN CENTERS

1. The formation of an urban center complies with law

a/ Guidelines, policies and documents providing legal grounds for the formation of the new urban center are available.

b/ The formation and construction of the new urban center comply with the construction law.

c/ The construction of the new urban center conforms with the detailed construction planning already approved by a competent authority.

2. An urban center must be built with complete technical infrastructure and adequate social infrastructure

a/ To build technical infrastructure on over 70% of the urban center's total area according to planning, or 100% for residential quarters. To have built complete infrastructure according to the construction planning, which are ready for connection with construction works. To ensure access to public infrastructure and service facilities for the disabled. To ensure the fire-fighting systems for the entire urban center and each work.

b/ To meet construction planning regulations on land for traffic, parking space per person and width of sidewalks. The distance between mass transit points and residence or working places must not exceed 500 m.

c/ The water supply norm reaches 150 liters/ person/day or higher. The water quality meets Vietnam standards. Water pressure at the most disadvantaged points in pipeline systems must reach at least 10 m of water column (pressure equivalent to 1 arm,). To ensure 24/24hours supply.

d/ To ensure the capacity of surface water drainage. To have systems of collection and treatment of daily-life and other (hospital and industrial) wastewater.

e/ The public greenery coverage is 7 m2/person or higher. To ensure the suitability of functional greeneries and street greeneries and good views.

f/ To collect 100% of solid wastes which are sorted at source. To collect and treat hazardous garbage. Means of transport meet environmental standards, to ensure the cleanliness and good appearance of streets.

g/ To ensure constant electricity supply with stable voltage.

h/ To ensure standard, safe and economical lighting at 100% of residential and public places.

i/ Outdoor advertisements comply with regulations on positions, sizes, colors and contents.

j/ Communication (cable television, telephone and internet) is fully available and meets modem urban life's demand.

k/ Social infrastructure: Administrative, trade and service works, schools of all levels, hospitals, cultural centers and sports works conform with the detailed planning approved by competent authorities and meet regulations and criteria on quantity and size.

3. An urban center must be built with architectural works suitable to planning and urban views

a/ Architectural works in new urban centers are built in conformity with the approved detailed planning or the approval of competent authorities with respect to the foundation level, height, density and set-back.

b/ Works are built uniformly, harmoniously and orderly.

c/ The works' appearance is good and matches with adjacent space and urban design or the Regulation on management of urban architectural works in the area. Architectural works must be suitable to climate conditions and make good use of natural conditions of each area or region.

d/ At least 70% of the planned architectural works have been built.

e/ Architectural works are built in compliance with current construction regulations and standards.

f/ To adopt solutions to save natural resources and energy; to make full use of natural energy and protect the environment.

4. Construction management and work maintenance

a/ To manage construction activities according to current regulations on investment, work quality, labor safety and environmental sanitation. To possess certificates of quality conformity for works so required by law. to conduct take-over test of work quality prior to handover to users.

b/ To monitor periodical and regular maintenance of the common technical infrastructure for the entire urban center and other works according to regulations.

5. Healthy and friendly cultural urban environment

a/ To adopt a regime on sen-management b\ the people;

b/To ensure a social evil-free environment:

c/ To ensure a civilized and orderly urban lifestyle:

d/To ensure friendly community relations.

6. Management and use of new urban centers for public and social interests

a/ To have a new urban center management body (management board) set up by a competent agency to manage the new urban center according to its functions.

b/ To have enough professionally qualified guards; to adopt general security measures and ensure safety for people in case of fires or explosions: to have first-aid equipment in case of incidents.

c/ To specify service charge rates for each group of users, to avail different use levels of conveniences: to set charge rates for basic public services, such as garbage collection, security and vehicle keeping.

IV. ORDER OF PREPARING AND APPRAISING APPLICATION DOSSIERS FOR RECOGNITION OF MODEL NEW URBAN CENTERS

1. Step 1:

The agency managing a new urban center shall prepare a dossier of application for recognition of a model new urban center and submit it to a provincial-level People's Committee for appraisal of the new urban center's quality. The dossier comprises:

a/ A proposal for recognition of model new urban center made by the new urban center management agency to a provincial-level People's Committee.

b/ A report on the urban center's satisfaction of criteria on new urban centers, made by its management agency.

c/ A written certification of the Peopie's Committee of the district or commune where the applicant new urban center is located.

d/ A drawing on the detailed planning of a 1/500 scale, enclosed with explanation and description of the urban center's characteristics, actual image recorded in CD and illustration photos.

2. Step 2:

After receiving a valid application dossier for recognition of new urban centers prescribed in Step 1. a provincial-level People's Committee shall:

a/ Conduct a social survey to inhabitants of the urban center (made in questionnaire form attached to this Circular - not printed herein):

- To set up a social survey team which is composed of representatives of provincial-, district- and commune-level People's Committees of the locality where the urban center is located.

- The number of questionnaires sent to tenant households and work owners must not be less than 70% of the total households living and working in the urban center. Before submitting to the competent authority for study and recognition of new urban centers, the survey team shall make a report summarizing the rates of replies to every question, which must be authenticated by the People's Committees of all levels of the locality which manages the urban center.

- To file the questionnaires at the new urban center management agency.

b/ Evaluation of the proposal for recognition of model new urban centers:

- To establish a new urban center evaluation council comprising representatives of concerned Services such as Planning and Architecture (for Hanoi and Ho Chi Minh City); Construction: Transport: Natural Resources and Environment; and Culture and Information, provincial-level professional associations of Architecture: Planning; and Construction, local members of the Association of Vietnam Urban Centers, and administrations of the district and commune where the urban center is located.

- Based on the application dossier, report and survey results of the survey team, the council shall meet to evaluate and qualitatively rate the new urban center according to the following pointscale:

+ The maximum score for satisfaction of each criterion specified in Section III is 15 points. Those urban centers failing to or incompletely satisfy the criteria will receive lower scores, but the score for each criterion must reach at least 8/15 points.

+The maximum score for residents' satisfaction about an urban center is 10 points if 100% of the interviewees of the survey satisfy about the urban center. Lower scores will be calculated on the basis of 10% equivalent to 1 point.

An urban center which receives a total score of 80 points or higher for 6 criteria and satisfaction of tenants through the social survey is eligible for recognition of model new urban centers and the provincial-level People's Committee may submit its dossier to the Ministry of Construction for recognition.

3. Step 3:

A provincial-level People's Committee shall submit application dossiers for recognition of model new urban centers to the Ministry of Construction. The dossier comprises:

a/ A proposal for recognition of model urban centers, made by the provincial-level People's Committee which manages the new urban center.

b/ 20 sets of the application dossier for recognition of model new urban centers which cover contents specified in Step 1.

c/ A minutes of evaluation and rating of the provincial-level council specified at Point b of Step 2.

d/ The social survey team's report on new urban center tenants' evaluation on the living quality, fully authenticated by People's Committees at all levels of the locality which manages the urban center.

V. APPRAISAL AND RECOGNITION OF MODEL NEW URBAN CENTERS

The Ministry of Construction shall decide to establish an appraisal council on the basis of the Ministry of Construction's Architecture and Planning Council and other relevant members to appraise the dossier and issue a decision on recognition of the model new urban center.

Prior to the appraisal meeting, the Ministry of Construction shall conduct a field survey at the applicant urban center. The survey team shall submit to the appraisal council a report which serves as the basis for recognition.

A decision on recognition of a model new urban center is valid for 5 years. One year before the expiration of the decision's validity, competent authorities shall consider and re-evaluate the model new urban center's title.

VI. IMPLEMENTATION EFFECT

1. This Circular takes effect 15 days after its publication in "CONG BAO."

2. Provincial/municipal People's Committees shall report problems arising in the course of implementation to the Ministry of Construction for study and settlement.