Quyết định 130/QD-TTg

DECISION

ON THE SOLUTION AND SCHEDULE FOR RELOCATION OF INDUSTRIAL FACTORIES, HOSPITALS, TERTIARY AND VOCATIONAL EDUCATION INSTITUTIONS AND OTHER FACILITIES OUT OF URBAN AREAS OF HA NOI AND USE OF UNOCCUPIED LAND AREAS THEREOF

PRIME MINISTER

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Capital city dated November 21, 2012;

Pursuant to the Prime Minister’s Decision No. 490/QD-TTg dated May 05, 2008 on approval for the construction plan of Ha Noi towards 2020 with a vision towards 2050;

Pursuant to the Prime Minister’s Decision No. 1259/QD-TTg dated July 26, 2011 on approval for the master plan of Ha Noi towards 2020 with a vision towards 2050;

Pursuant to the Prime Minister’s Decision No. 353/QD-TTg dated March 25, 2013 on issuance of the plan for implementation of the Law on Capital city;

Pursuant to Section 1, Article 9 and Section 4, Article 15 of the Law on Capital city: on the solution and schedule for relocation of industrial factories, hospitals, tertiary and vocational education institutions and other facilities out of urban areas of Ha Noi and use of unoccupied land areas thereof;

At the request of the Minister of Construction,

DECIDES:

Article 1. Scope, entities and criteria of relocation

1. Scope:

- Facilities in these urban districts of Ha Noi shall be relocated: Ba Dinh, Hoan Kiem, Hai Ba Trung, Dong Da, Tay Ho, Hoang Mai, Thanh Xuan, Ha Dong, Cau Giay, Long Bien, Bac Tu Liem and Nam Tu Liem.

2. Entities to be relocated:

Mandatory relocation is applicable to industrial factories, hospitals and treatment facilities that pose a high level of pollution, contagion or overload; tertiary and vocational education institutions and facilities in urban areas of Ha Noi, which do not adhere to current standards and regulations or the master plan approved by the Prime Minister or which disturb the balance of social and technical infrastructure or traffic or contaminate the environment. Such buildings must be relocated out of urban areas of Ha Noi.

Article 2. Schedule and solution for relocation

- Industrial factories, hospitals, tertiary and vocational education institutions and facilities as stated above must be relocated out of urban areas of Ha Noi.

- The schedule and solution for relocation shall accord with specific conditions, location and traits of each facility to be relocated to sustain feasibility. The process of relocation must minimize effects on such facilities’ operations, urban environment and people’s social activities.

- Ha Noi People’s Committee and provincial People’s Committees in the capital region shall arrange relocation areas in accordance with the location, size and functions of facilities as per construction schemes.  Such facilities shall be granted with suitable policies that sustain the feasibility of relocation.

Article 3. Use of unoccupied land areas after relocation

- Land areas, unoccupied after relocation of industrial factories, tertiary and vocational education institutions or facilities, shall be prioritized for public infrastructure, trees, parking space or social and technical infrastructure for urban areas in order to balance demands for social and technical facilities and urban environment. Neither increase of urban wastes nor unplanned construction of high-rise tenement buildings is permitted.

- Land areas, unoccupied after relocation of industrial factories, tertiary and vocational education institutions or facilities, shall be up for open auction to gain re-investment finances for relocated enterprises. Remaining land areas after relocation shall be used according to purposes, functions and land use norms that comply with approved plans, Capital City Law and Ha Noi city’s architectural planning regulations. Each location shall be assessed to attain efficiency in land use and buildings for science research. Public infrastructure thereof shall be arranged as per current standards and regulations.

- Buildings with historic, cultural and architectural values shall be conserved and restored as per the Law on Cultural heritage. Such buildings shall be prioritized for public purposes.

- Antiquated hospitals or science research facilities shall be renovated and used according to current regulations and standards and existing infrastructural conditions. Extensions and temporary buildings, which disturb the environment and appearance of hospitals, shall be gradually removed to provide land for trees and gardens as per hospitals' standards and regulations.

Article 4. Implementation

1. Ha Noi People’s Committee shall lead and cooperate with Ministers, agencies and provincial People's Committees in the capital region to:

- Determine and present the list, criteria, schedule and solution for relocation of industrial factories out of urban areas of Ha Noi to the Prime Minister for approval.

- Establish and verify relevant plans to substantiate the use of land areas unoccupied after relocation and the arrangement of new land and infrastructure before relocation of facilities out of urban areas of Ha Noi.

- Propose post-relocation land use schemes according to approved plans. Propose suitable policies that encourage relocation and use land areas available to generate re-investment finances for relocated facilities.

2. Ministry of Construction shall lead and cooperate with the Ha Noi People’s Committee, relevant Ministries and agencies to:

- Determine and present the list, criteria, schedule and solution for relocation of facilities (of Ministries and central agencies) out of urban areas of Ha Noi to the Prime Minister for approval.

- Supervise the performance and management of construction works according to the plan, cooperate with Ha Noi People's Committee, Ministries and provincial People's Committees in the capital region during the process of relocation.

3. Ministry of Health shall lead and cooperate with the Ha Noi People’s Committee, Ministries, agencies and provincial People’s Committees in the capital region to:

Determine and present the list, criteria, schedule and solution for relocation of hospitals and medical facilities out of urban areas of Ha Noi to the Prime Minister for approval.

4. Ministry of Education and Training shall lead and cooperate with the Ha Noi People’s Committee, Ministries, agencies and provincial People’s Committees in the capital region to:

Determine and present the list, criteria, schedule and solution for relocation of tertiary education institutions out of urban areas of Ha Noi to the Prime Minister for approval.

5. Ministry of Labor, Invalids and Social affairs shall lead and cooperate with the Ha Noi People’s Committee, Ministries, agencies and provincial People’s Committees in the capital region to:

Determine and present the list, criteria, schedule and solution for relocation of vocational education institutions out of urban areas of Ha Noi to the Prime Minister for approval.

6. Ministry of Finance shall lead and cooperate with the Ha Noi People’s Committee, Ministries, agencies and provincial People’s Committees in the capital region to:

- Establish financial policies that encourage land use in an effective manner according to relocation schedules of Ha Noi and each Ministry or agency and present such policies to Prime Minister for approval.

- Propose feasible financial schemes for construction of office buildings of Ministries and agencies in new locations.

7. Other Ministries and agencies whose training, industrial or medical facilities are relocated must cooperate with the Ha Noi People's Committee in an active manner to relocate such facilities according to relocation schedules and plans of Ha Noi and each Ministry or agency.

Article 5. This Decision comes into force from the date that it is signed.

Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairman of Ha Noi People’s Committee, Chairpersons of relevant provincial People's Committees in the capital area shall be responsible for implementing this Decision./.