Thông tư 15/2008/TT-BXD

CIRCULAR

GUIDING THE APPRAISAL AND RECOGNITION OF MODEL NEW URBAN CENTERS

Pursuant to the Governments Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Governments Decree No. 08/2005/ND-CP of January 24, 2005, on construction planning;
Pursuant to the Governments Decree No. 02/2006/ND-CP of January 5, 2006, promulgating the Regulation on new urban centers;
Pursuant to the Governments Decree No. 29/2007/ND-CP of February 27, 2007, on urban architecture management;
At the countrys current demand for development of new urban centers and in order to build and develop the model of 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 and criteria for, order of and procedures for preparing and appraising dossiers of request for recognition of model new urban centers nationwide.

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

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

4. For investment projects on construction of new urban centers to be executed after this Circular takes effects, their investors shall, upon formulating investment projects, consider the conditions and register in writing their investment in and construction of model new urban centers with provincial-level Peoples Committees and send one written registration to the Ministry of Construction for monitoring.

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. The population of an urban center must be at least 5,000, or its number of apartments must be around 1,000 for households of different types with small, medium or large floor areas, applicable to low and high condominiums, villas and houses on 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 new urban centers construction conforms with the detailed construction planning already approved by competent authorities.

2. An urban center must have complete technical infrastructure and adequate social infrastructure

a/ To have built technical infrastructure on over 70% of the urban centers 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 fire-fighting systems (for the entire urban center and each work.

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

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

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

e/ The public greenery coverage is 7 m2/person or higher. To ensure the suitability of functional trees and street trees, 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, beautiful, 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 modern urban lifes demand.

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

3. An urban center must have architectural works suitable to planning and urban views

a/ Architectural works in the new urban center are built in conformity with the approved detailed planning or the approval of competent authorities with respect to their foundation elevation, height, density and space.

b/ Works are built uniformly, harmoniously and orderly.

c/ The works appearance is good and harmonious with adjacent surroundings and complies with the urban design or the Regulation on management of urban architecture in the area. Architectural works are 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 standards and regulations.

f/ To adopt solutions to save natural resources and energy; to make 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 as required by law, to conduct pre-acceptance test of work quality prior to handover to users.

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

5. Healthy and friendly cultural urban environment

a/ To adopt a people-managed regime;

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) 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 adopt different charge rates for the use of different conveniences; to set charge rates for basic public services, such as garbage collection, security and vehicle keeping.

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

1. The investor of a new urban center shall prepare a dossier of satisfaction of model new urban center criteria. The dossier comprises:

a/ A written self-evaluation on the new urban centers satisfaction of model new urban center criteria;

b/ The approved detailed planning of a 1/500 scale;

c/ The approved investment project on new urban center construction;

d/ Related documents;

e/ Some visual illustrations of the satisfaction of criteria.

2. To conduct a social survey:

a/ The investor shall coordinate with the district- and commune-level Peoples Committees managing the locality of the new urban center in setting up a social survey team, comprising representatives of the investor and the district- and commune-level Peoples Committees.

b/ The survey team shall dispatch questionnaires (made according to the form attached to this Circular, not printed herein) to households and owners of works in the new urban center. The number of dispatched questionnaires must not be less than 70% of the total number of households living and working in the urban center.

c/ The survey team shall sort out and synthesize responses and report them to the investor and the district- and commune-level Peoples Committees managing the locality of the new urban center, specifying the rates of residents satisfaction with the new urban center. The investor shall file these completed questionnaires.

3. To appraise the new urban center according to criteria on model new urban centers:

a/ The investor shall coordinate with the district- and commune-level Peoples Committees managing the locality of the new urban center in setting up an Appraisal Council comprising representatives of the investor and the district- and commune-level Peoples Committees managing the locality of the new urban center and invited representatives of the Planning and Architecture Service (for Hanoi and Ho Chi Minh City), the Construction Service, the Architects Association and the Urban Development Planning Association.

b/ The Council shall meet to evaluate and rate the new urban center according to the following point scale:

To evaluate based on the investors dossier (specified in Section IV.1) the satisfaction of each criterion specified Section III of this Circular at the maximum score of 15 points.

To evaluate based on the social survey on residents satisfaction with the new urban center, if 100% of the respondents are satisfied with the urban center, the maximum score is 10 points. Lower scores will be given on the basis of 10% equal to 1 point.

Before holding the evaluation meeting, the Council may organize a field trip to examine the new urban center according to criteria specified in Section III of this Circular.

c/ Sum-up of evaluation results

The Council shall evaluate the satisfaction of each criterion; the score for each criterion is the average of the scores given by Council members.

A model new urban center must receive a total score of 80 points or higher for 6 criteria and the level of satisfaction of tenants through the social survey, of which:

+ The total score for 6 criteria must not be under 73 points with no criterion receiving under 8 points.

+ The minimum score for the level of satisfaction of tenants must not be under 7.

The Council shall make a minutes summing up its evaluation results for report to the investor and the district- and commune-level Peoples Committees managing the locality of the new urban center.

4. Request for recognition:

Based on the Councils evaluation results, the investor shall compile a dossier and submit it to the Ministry of Construction for study and recognition of the model new urban center.

a/ A dossier comprises:

The submission note;

The dossier specified in Section IV.1;

A general report on the social survey results prescribed in Section IV.2.c

The minutes of the Councils evaluation and rating specified in Section IV.3.c.

- Written comments and proposal on the recognition of the model new urban center of the district- and commune-level Peoples Committees managing the locality of the new urban center.

b/ Content of the submission note:

Summary of the implementation and evaluation of the new urban centers quality according to criteria prescribed in this Circular;

Summary of the survey of the new urban center residents (survey results, comments);

Comments of the district- and commune-level Peoples Committees managing the locality of the new urban center;

- Conclusions and proposals.

V. APPRAISAL AND RECOGNITION BY THE MINISTRY OF CONSTRUCTION

1. To ask for the provincial-level Peoples Committees opinion on the request for recognition of the new urban center located in the province. After 20 working days, if the provincial-level Peoples Committee has no written reply, it is considered as having accepted the recognition.

2. To conduct field survey and examination at the new urban center requested to be recognized as a model new urban center. The survey and examination results serve as the grounds for the recognition.

3. To appraise the dossier of request for recognition of a model new urban center submitted by the investor to the Ministry of Construction.

4. On the basis of dossier appraisal, survey and examinations results, the Ministry of Construction shall consider and issue a decision on recognition of the model new urban center.

VI. IMPLEMENTATION EFFECT

1. This Circular replaces Circular No. 10/2008/TT-BXD of April 22, 2008, guiding the appraisal and recognition of mode new urban centers, and takes effect 15 days after its publication in CONG BAO.

2. A decision on recognition of a model urban center is valid for 5 years; a model urban center may be reconsidered and re-assessed one year prior to the expiry of the validity of its title.

3. In the course of implementation, arising problems should be reported to the Ministry of Construction for study and settlement.