Resolution 50/2024/UBTVQH15 classifiy urban centers, standards for administrative units to arrange district-level and commune-level administrative units for 2023-2025

RESOLUTION

Providing a number of contents concerning the assurance of satisfaction of requirements for classification of urban centers and standards for administrative units to serve the arrangement of district-level and commune-level administrative units for the 2023-2025 period

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THE NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which is amended and supplemented under a number of articles of Law No. 65/2020/QH14;

Pursuant to Law No. 77/2015/QH13 on Organization of Local Administration, which is amended and supplemented under a number of articles of Law No. 21/2017/QH14, Law No. 47/2019/QH14, Law No. 31/2024/QH15 and Law No. 34/2024/QH15;

RESOLVES:

Article 1. Scope of application

This Resolution provides a number of contents concerning the assurance of requirements for classification of urban centers, review of criteria for classification of urban centers, assessment of urban infrastructure development level to serve the arrangement of district-level and commune-level administrative units for the 2023-2025 period; a number of specific cases of the satisfaction of standards for post-arrangement newly-formed urban administrative units and a number of contents on the organization of implementation.

Article 2. Classification of urban centers, review of criteria for classification of urban centers, assessment of urban infrastructure development level to serve the arrangement of district-level and commune-level administrative units for the 2023-2025 period

For the arrangement of district-level and commune-level administrative units that requires the classification of urban centers, review of criteria for classification of urban centers, and assessment of urban infrastructure development level for post-arrangement newly-formed administrative units, the formulation and appraisal of projects on classification of urban centers for provincial cities (below referred to as cities), towns, and townships, reports on review of criteria for classification of urban centers for cities and towns, and reports on assessment of urban infrastructure development level for areas where wards are expected to be formed shall be made under Articles 12 and 13 of the National Assembly Standing Committee’s Resolution on classification of urban centers.

The following provisions shall be applied to cases requiring the accuracy of the schedule for consideration and decision on the arrangement of district-level and commune-level administrative units:

1. In case the scope of the arrangement of a city or town with the whole or part of an adjacent district-level administrative unit conforms with the approved master plan on urban centers and neighboring areas, such master plan shall be used in classification of urban centers;

2. In case a town is expected to be formed upon the arrangement of an administrative unit, the approved general urban planning task or provincial master plan in which the planning contents clearly define the scope of the post-arrangement newly-formed town shall be used to review and assess criteria for classification of urban centers in order to serve the formulation of a project on arrangement of district-level and commune-level administrative units in the locality.

For a town expected to be formed in the inner area after the arrangement is identified in the approved general master plan on grade-IV urban centers, such master plan shall be used to classify urban centers;

3. Provincial-level People's Committees shall direct district-level People's Committees to formulate projects on classification of urban centers (for cities, towns, and townships), review criteria for classification of urban centers (for cities and towns), and assess the urban infrastructure development level (for areas where wards are expected to be formed) under the National Assembly Standing Committee’s Resolution on classification of urban centers. In the course of carrying out the procedures for classification of urban centers, review of criteria for classification of urban centers, and assessment of the urban infrastructure development level, if deeming that there are possibilities for the concerned city, town, township or area where a ward is expected to be formed to fully satisfy law-prescribed criteria for classification of urban centers and standards for urban infrastructure development level, an option on such possibilities may be included in a project on arrangement of district-level and commune-level administrative units in the locality.

The formulation, appraisal and consideration of the project on arrangement of district-level and commune-level administrative units shall be carried out together with the performance of the procedures for classification of urban centers (for cities, towns and townships), review of criteria for classification of urban centers (for cities and townships), and assessment of the urban infrastructure development level (for areas where wards are expected to be formed);

4. In case the performance of the procedures for classification of urban centers, recognition of the results of review of criteria for classification of urban centers, recognition of the achievement of the urban infrastructure development level for the concerned cities, towns, townships and areas where wards are expected to be formed is not completed by the deadline for submission of the arrangement of district-level and commune-level administrative units for the 2023-2025 period to the National Assembly Standing Committee for consideration and decision, the Government shall consider the feasibility of implementation for each specific case; report the arrangement of district-level and commune-level administrative units to the National Assembly Standing Committee for decision and for permission the Government’s continued direction of the procedures for classification of urban centers, recognition of the results of review of criteria for classification of urban centers, recognition of the achievement of the urban infrastructure development level under the National Assembly Standing Committee’s Resolution on classification of urban centers provided that the Government completes such procedures before December 31, 2024 for cities, towns and wards and before December 31, 2025 for townships;

5. In case of complying with Clause 4 of this Article, the dossier of a project on arrangement of district-level and commune-level administrative units is not required to comprise the decision on recognition of grade of urban centers and a dossier of a project on classification of urban centers (for cities, towns, and townships), a dossier of review of criteria for classification of urban centers (for cities and towns), a dossier of assessment of standards for urban infrastructure development level (for areas where wards are expected to be formed).

In case the content of arrangement of administrative units contains requirements for classification of urban centers for cities, towns, and townships, the project must comprise a clear explanation of the necessity, legal grounds, and scope of, classification of urban centers; the conformity of the arrangement of cities, towns and townships with the approved provincial master plans, general master plans on urban centers, or general planning tasks for towns; an overview of the history of formation and development of urban centers; practical investment in the development of urban centers under the approved master plans on urban centers; assessments of the current urban development status and the quality of urban infrastructure works, summarization of information and data based on criteria and standards for classification of urban centers and assessment of the level of satisfaction of requirements for classification of urban centers; a brief report on urban development programs (for cities and towns) and the urban quality improvement plan for the next periods enclosed with the appendices specified at Point b, Clause 3, Article 12 of the National Assembly Standing Committee’s Resolution on classification of urban centers, excluding spatial development orientation diagrams and short-term planning maps (for townships).

In case the content of arrangement of administrative units contains requirements for review of criteria for classification of urban centers (for cities and towns), assessment of the urban infrastructure development level (for areas where wards are expected to be formed), the project must consist of a clear explanation of the necessity, legal grounds and scope of review of criteria for, classification of urban centers; and the conformity of proposals to expand inner cities and inner towns for forming wards with the approved general master plans on urban centers and zoning plans; an overview of the current urban development status, investment in building urban infrastructure in to-be-expanded areas that satisfy criteria for classification  of urban centers or in areas where wards are expected to be formed under the approved zoning plans; the level of satisfaction of the criteria and standards compared with the recognized results of assessment of classification of urban centers, syntheses of assessment of  classification of urban centers under Appendix 1 for cities and towns and syntheses of assessment of  standards under Appendix 2 for the area where wards are expected to be formed and the appendices specified at Point b, Clause 3 and Point b, Clause 4, Article 13 of the National Assembly Standing Committee’s Resolution on classification of urban centers.  

Article 3. A number of specific cases of satisfaction of standards for post-arrangement newly-formed urban administrative units

1. Upon the arrangement of district-level and commune-level administrative units for the 2023-2025 period, the following provisions shall be applied to consider and assess the satisfaction of standards for post-arrangement newly-formed urban administrative units:

a/ The assessment of standards on socio-economic structure and development level and standards for urban infrastructure development level shall not be conducted for a post-arrangement newly-formed ward or district in case of merging the whole of the natural area and population size of a ward with another ward or of a district with another district; or adjusting part of the natural area and population size of a ward or district;

b/ The assessment of standards of an affiliated ward shall not be conducted when there is no change in its administrative boundary in case of arranging an urban administrative unit at the district level;

c/ The assessment and recognition of standards for urban infrastructure development level shall not be required for a town where a ward is expected to be formed in case the arrangement of an urban administrative unit at the district-level with expansion of the inner city or inner town conforms with the approved urban master plan.

d/ In case a commune subject to the arrangement has been identified as being located within the inner city or inner town area of a city or town that has been determined in the decision on recognition of the urban center grade; and can only be merged into a ward due to the failure of being merged with any other rural administrative unit, the assessment of criteria for classification of urban centers for the city or town or the assessment of standards for urban infrastructure development level for the post-arrangement newly-formed ward is not required; in case the decision on recognition of the urban center grade fails to clearly determine the inner city or inner town area, the approved general master plans on urban centers shall prevail.

2. Upon the assessment of standards on socio-economic structure and development level for the area where a district or ward is expected to be formed in an administrative unit without a provincial administration, the assessment of budget revenue and expenditure balance levels as specified in the Appendix on standards on socio-economic structure and development level that is provided in the National Assembly Standing Committee’s Resolution on standards for administrative units and classification of administrative units shall not be carried out.

Article 4. Surveys for appraisal of projects on the arrangement of district-level and commune-level administrative units

Based on the practical requirements of the arrangement of district-level and commune-level administrative units for the 2023-2030 period, the agencies in charge of appraising  projects on the arrangement of district-level and commune-level administrative units shall consider and decide on the organization of surveys for the appraisal of the projects under Article 29 of the National Assembly Standing Committee’s Resolution on standards for administrative units and classification of administrative units.

Article 5. Implementation provisions

1. This Resolution takes effect on August 29, 2024.

2. In case the project on arrangement of district-level and commune-level administrative units for the 2023-2025 period has been appraised before the effective date of this Resolution, this Resolution shall prevail to supplement and complete the project dossier for submission to the Government and the National Assembly Standing Committee.

If agencies, organizations and localities have reviewed, assessed and classified urban centers, surveyed and appraised the project on arrangement of district-level and commune-level administrative units for the 2023-2025 period in accordance with this Resolution, the results of the review, assessment, and classification of urban centers, the survey and appraisal may continue to be used to supplement and complete the project dossier for submission to competent authorities under regulations.

3. The Government shall direct ministries, sectors and localities to formulate and adjust relevant urban master plans, and finish the recognition of grades of urban centers (for cities, towns and townships), results of review of criteria for classification of urban centers (for cities and towns) and assessment of urban infrastructure development level (for wards) prescribed in Clause 4, Article 2 of this Resolution.

4. Based on working requirements, implementation capacity and specific conditions and situations, the Prime Minister shall strengthen the authorization for the Minister of Construction to perform a number of tasks and powers within his/her competence to consider and decide on the classification of urban centers or recognize the results of review of criteria for classification of urban centers to accelerate the progress of arrangement of district-level and commune-level administrative units.

This Resolution was adopted on August 22, 2024 by the Standing Committee of the 15^th National Assembly of the Socialist Republic of Vietnam at its 36^th session.

On behalf of the National Assembly Standing Committee

Chairman of the National Assembly
TRAN THANH MAN