Nghị quyết 26/2022/UBTVQH15 sửa đổi Nghị quyết 1210/2016/UBTVQH13 về phân loại đô thị do Ủy ban Thường vụ Quốc hội ban hành

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RESOLUTION

ON\r\nAMENDMENTS TO RESOLUTION NO. 1210/2016/UBTVQH13 DATED MAY 25, 2016 OF THE\r\nNATIONAL ASSEMBLY STANDING COMMITTEE ON URBAN CLASSIFICATION

NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of\r\nthe Socialist Republic of Vietnam;

Pursuant to the Law on\r\nOrganization of the National Assembly No. 57/2014/QH13, amended by the Law No.\r\n65/2020/QH14;

Pursuant to the Law on Urban Planning\r\nNo. 30/2009/QH12, amended by Law No. 77/2015/QH13, Law No. 35/2018/QH14, Law\r\nNo. 40/2019/QH14 and Law No. 61/2020/QH14;

HEREBY RESOLVES:

Article 1. Amendments to\r\nResolution No. 1210/2016/UBTVQH13 dated May 25, 2016 of the National Assembly\r\nStanding Committee on urban classification

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“Article 2. Purposes and principles of urban\r\nclassification

1. Urban classification aims to establish the basis\r\nfor urban quality assessment; to organize, arrange, manage and develop the\r\nurban system, urban areas, suburban areas, township, areas planned to establish\r\ndistricts and wards; reflect the right level of urban development and\r\nurbanization; serve as a basis for urban development planning, construction,\r\nmanagement and policy making; attract investment, improve the quality and\r\nliving conditions of urban areas.

2. Urban classification is done on the basis of\r\nnational urban and rural system planning, provincial planning, urban planning\r\nand urban development programs at all levels to manage urban development,\r\nappropriate to each stage of socio-economic development.

3. An urban area or area planned to form urban\r\narea, area planned to establish a district or ward, which is planned and built\r\nto meet the criteria and standards of a category of urban area shall be\r\nclassified as such corresponding category, and subject to assessment of urban\r\ninfrastructure development in that category.

4. Classification of urban areas for areas planned\r\nto form urban areas, assessment of standards on the level of urban\r\ninfrastructure development for areas planned to establish districts, wards is\r\none of the bases for consider establishing, merging, dividing, adjusting the\r\nboundaries of urban administrative divisions, and arranging administrative divisions.\r\n The scope of urban classification and assessment of the level of urban\r\ninfrastructure development that are recognized must coincide with the proposed\r\nscope of establishment and adjustment of urban administrative divisions.

5. Urban classification is applied by region, by\r\nspecific factors and by the scoring method.  The urban classification\r\nscore is the total score achieved by the urban classification criteria.”.

2. Article 9 shall be\r\namended as follows:

“Article 9. Application of urban classification

1. The application of urban classification\r\naccording to regions determined according to the list specified in Appendix 4\r\nto this Resolution shall be carried out as follows:

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b) For urban areas in the Midlands\r\nand Northern Highlands, and in the Central Highlands, the minimum level of\r\nstandard of the population size criterion is equal to 60% of the statutory\r\nlevel; the minimum level of standard of the urban population density is equal\r\nto 50% of the statutory level; other criteria comply with regulations for the\r\nrespective urban category;

c) For urban areas in the North\r\nCentral Coast and Central Coast, the minimum level of the standard of the\r\npopulation size criterion is equal to 80% of the statutory level; the minimum\r\nlevel of standard of the urban population density is equal to 70% of the\r\nstatutory level; other criteria comply with regulations for the respective\r\nurban category;

d) For urban areas in the Mekong\r\nRiver Delta, the minimum level of standards of population size criterion is\r\nequal to 70% of the statutory level; the minimum level of standard of the urban\r\npopulation density is equal to 50% of the statutory level; other criteria shall\r\ncomply with regulations for the respective urban category.

2. For urban areas with specific factors, the\r\nassessment of standards in Table 1A, standard 3 in Table 1B, and standard 1 in\r\nSection II.1 of Table 5A in Appendix 1 of this Resolution shall be carried out\r\naccording to regulations for the respective urban category; the remaining\r\ncriteria and standards for urban classification are applied as follows:

a) For urban areas with national borders, the\r\nminimum level of population size criterion and population density criterion is\r\nequal to 50% of the statutory level; the minimum level of other standards is\r\nequal to 70% of the statutory level of the corresponding urban category;

b) For urban areas on islands, the minimum level of\r\nstandards of population size criterion, population density criterion,\r\nnon-agricultural labor rate criterion and group of standards of structure and\r\nsocio-economic development is equal to 20% of the statutory level; the minimum\r\nlevel of standards of the criterion of the level of infrastructure development\r\nand urban architecture and landscape is equal to 50% of the statutory level of\r\nthe corresponding urban category;

c) For urban areas of class III, IV and V on the list\r\nof administrative divisions identified by the competent authority as\r\nmountainous or highland areas, the minimum level of the standards of the\r\npopulation size criterion, the population density criterion is equal to 50% of\r\nthe statutory level of the corresponding urban category, the minimum level of\r\nother standards is equal to 70% of the statutory level of the corresponding\r\nurban category;

d) For an area planned to form class-V urban center\r\nbeing the administrative center of a district located in an extremely\r\ndisadvantaged area, the minimum level of standards on urban architecture and\r\nlandscape of the criterion of the level of infrastructure development and urban\r\narchitecture and landscape is equal to 70% of the statutory level; the minimum\r\nlevel of other standards is equal to 50% of the statutory level of the\r\ncorresponding urban category;

dd) For areas planned to form urban areas and urban\r\ncenters to preserve and promote the unique values ​​of the ancient capital and\r\ntangible cultural heritage that have been recognized by the United Nations\r\nEducational, Scientific and Cultural Organization of the United Nations\r\n(UNESCO), it is not required to consider their population density criterion;\r\nthe standards on architecture and urban landscape of the criterion of\r\ninfrastructure development level and urban architecture and landscape shall\r\ncomply with regulations applicable to the respective urban category; the\r\nminimum level of other standards is equal to 50% of the statutory level of the\r\ncorresponding urban category.

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4. In order to meet special requirements on\r\nterritorial management, national sovereignty protection, socio-economic\r\ndevelopment, the urban classification can be done after the competent authority\r\nmakes a decision on establishment or adjustment of the boundaries of the urban\r\nadministrative division.”.

3. Article 10 shall be\r\namended as follows:

“Article 10. Urban classification scores

1. The criteria for urban classification are\r\ndetermined by specific criteria and scored according to the urban\r\nclassification score framework specified in Appendix 1 to this Resolution.\r\n The score for each criterion is the sum of the scores of the standards in\r\nthat criterion.  The maximum total score of the criteria is 100 points.\r\n In specific:

a) The criterion for position, function, role,\r\nstructure and level of socio-economic development include 08 standards; the\r\nminimum score is 13.5 points, the maximum score is 18 points;

b) Criterion for population size includes 02\r\nstandards: the population size of the whole urban area and the population size\r\nof the inner city; the minimum score is 6.0 points, the maximum score is 8.0\r\npoints;

c) Criterion for population density includes 02\r\nstandards which are the population density of the whole urban area and the\r\npopulation density calculated on the urban construction land area in inner city\r\nand township; the minimum score is 6.0 points, the maximum score is 8.0 points;\r\n

d) Criterion for the ratio of non-agricultural\r\nworkers consisting of 02 standards: the rate of non-agricultural workers in the\r\nwhole urban area and the rate of non-agricultural workers in the inner city and\r\ninner city; the minimum score is 4.5 points, the maximum score is 6.0 points;

e) The criterion for infrastructure development and\r\nurban architecture and landscape development including 49 standards; the\r\nminimum score is 45 points, the maximum score is 60 points.

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3. The scoring method of the standards is specified\r\nas follows:

a) If data for determining the satisfaction of a\r\nstandard reaches maximum level, the maximum score shall be awarded to that\r\nstandard; if it reaches minimum level, the minimum score shall be awarded to\r\nthat standard; if it reaches between the maximum and the minimum level, the\r\ninterpolation score will be calculated between the upper and lower bounds, if\r\nit only reaches under the minimum level, no score will be obtained, and the\r\ninterpolation score will not apply to the assessment of the standards specified\r\nin Clause 3, Article 9 of the Resolution.  If the criteria specified at\r\nPoint dd, Clause 2, Article 9 of this Resolution are not considered, the\r\nminimum score shall be awarded to the standards of that criterion;

b) For centrally-affiliated cities, the assessment\r\nscores of the standards applicable to the inner city areas specified in\r\nAppendix 1 of this Resolution are determined on the basis of the districts and\r\nareas planned to be established;

c) While applying the urban classification\r\nspecified in Clause 2, Article 9 of this Resolution, if a standard has unit as\r\na work, facility, or project (collectively referred to as a work) with a\r\nminimum level of 01 work, the minimum score will be awarded to that standard if\r\nthere is 01 work; in case the minimum level is 2 or more works, the number of\r\nworks used to calculate the minimum score shall be reduced proportionally and\r\nrounded up but must not be less than 01 work.

4. An urban area shall obtain a given category of\r\nurban area class when their criteria achieve minimum score and the total score\r\nof the criteria is 75 points or more.”.

4. Article 12 shall be\r\namended as follows:

“Article 12. Formulation and appraisal of urban\r\nclassification proposal

1. Cases of formulating urban classification\r\nproposal include:

a) Classification of urban areas on the basis of\r\nthe present condition of existing cities, towns and townships;

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c) Urban classification for the area planned to\r\nform urban area in the future.

2. Responsibilities for formulating urban\r\nclassification proposal are prescribed as follows:

a) Province-level People's Committees shall\r\nformulate urban classification proposals for special-class and class-I urban\r\nareas that are centrally-affiliated cities and submit them to the People's\r\nCouncils of the same level for approval before sending them to the appraisal\r\nagencies;

b) District-level People's Committees shall\r\nformulate urban classification proposals for class-I urban areas which are\r\nprovincial cities, centrally-affiliated cities, class II, III and IV cities and\r\nsubmit them to the People's Committee of the province so that the People's\r\nCommittee of the province shall submit them to the People's Council of the same\r\nlevel for approval before sending them to the appraisal agencies;

c) District-level People's Committees shall\r\nformulate urban classification proposals for class-V urban areas and submit\r\nthem to the People's Councils of the same level for approval before sending\r\nthem to the appraising agencies.

3. The proposal for recognition of urban areas\r\nmeeting the criteria for urban classification shall contain:

a) The project description clearly\r\nstating the need, legal grounds, and scope of the report; overview of the\r\nhistorical process of formation and development of the urban area; the actual\r\nstatus of urban development investment according to the approved urban\r\nplanning; assessment of the current urban development and the quality of urban\r\ninfrastructure works, consolidated information and data according to urban\r\nclassification criteria and standards and assessment of the level of\r\nsatisfaction of requirements for urban classification; summary report on urban\r\ndevelopment program and urban quality improvement plan in the next stages;\r\nconclusions and recommendations;

b) Appendices attached to the\r\nproposal include legal documents; opinions of specialized agencies of the\r\nProvince-level People's Committees for the project specified at Point b, Clause\r\n2 of this Article; related schedules and data and stamped miniature drawings\r\n(A3) stamped for certification, including map of location and relationship of\r\nregions (01 copy), map of urban administrative boundaries (01 copy), map of\r\npresent condition of urban construction and location of ongoing projects (01\r\ncopy), spatial development orientation map (01 copy), short-term planning map\r\n(02 copies showing the regulations of land use planning and technical\r\ninfrastructure planning); the report specified at Point c, Clause 1, Article 13\r\nof this Resolution for existing urban areas in case the proposal for\r\nclassification of special-class and class-I urban areas for the establishment\r\nof a centrally-affiliated city.

The data to assess the standards\r\nof the urban classification is the data collected until December 31 of the year\r\npreceding the year in which the proposal is submitted to the appraisal agency\r\nand provided, certified or published by the competent authority;

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4. Responsibilities for appraisal of the proposal\r\nare specified as follows:

a) The Ministry of Construction shall appraise the\r\nurban classification proposal for urban areas of special class, class I, class\r\nII, class III and class IV; the Minister of Construction shall establish an\r\ninterdisciplinary appraisal council; take charge and coordinate with relevant\r\nministries, central agencies, and socio-professional organizations in organizing\r\nsurveys to serve the appraisal and initiate the appraisal of the proposal;

b) The specialized agency affiliated to the\r\nPeople's Committee of the province, as assigned by the People's Committee of\r\nthe province, shall establish a council to appraise the urban classification\r\nproposal for a class V urban area; to review and examine other urban\r\nclassification proposals drawn up by the district-level People's Committees;\r\ntake charge and coordinate with relevant departments, agencies, branches, and\r\nspecialized agencies of ministries and branches in, organizing surveys to serve\r\nthe appraisal and initiate the appraisal of the proposal;

c) The appraisal agency shall appraise the proposal\r\naccording to the contents specified in Clause 6 of this Article within 15 days from\r\nthe date of receipt of a complete application for appraisal of proposal; submit\r\nit to the person competent to decide on urban classification within 15 days\r\nfrom the date on which the appraisal result comes out and the urban\r\nclassification proposal is completed according to the appraisal result.  

5. The application for appraisal of the proposal\r\nincludes the report of the People's Committee, the resolution of the People's\r\nCouncil of the same level and the urban classification proposal made according\r\nto the provisions of Clause 3 of this Article.

6. Contents of proposal appraisal include:

a) Legal grounds, procedures for formulating the\r\nproposal;

b) Conformity with urban plannings, master plans\r\nand urban development programs already approved by competent authorities;

c) Review, survey and examination of the actual\r\nsituation of urban development, comparison of information and data according to\r\nthe criteria and standards for urban classification in the proposal’s contents\r\nwith the levels specified in this Resolution;

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7. The person competent to classify urban areas\r\nspecified in Article 11 of this Resolution is responsible for considering and\r\ndeciding to recognize the urban category within 15 days from the date of\r\nreceipt of the report, urban classification proposal and assessment report.

8. Funding for urban classification shall be\r\nprovided by the state budget and mobilized from other lawful sources.”.

5. Article 13 shall be\r\namended as follows:

“Article 13. Preparation and appraisal of\r\nreports on review of urban classification criteria, reports on assessment of\r\nurban infrastructure development level

1. Cases of making reports include:

a) The report on review of urban classification criteria\r\nis carried out for an urban area that has been recognized as an urban area with\r\nplan to expand inner city to establish districts or wards, but without\r\nadjusting the boundaries of administrative divisions of the whole urban area;

b) The report on assessment of the level of urban\r\ninfrastructure development shall be made for the area planned establish wards\r\nor districts;

c) The report on the review of urban classification\r\ncriteria shall be carried out for an urban area with a recognized category of\r\nurban area, except for areas planned to establish districts and wards, within\r\nthe scope of areas expected to be classified as urban area of special class,\r\nclass I for the establishment of a centrally-affiliated city.

2. Reporting responsibilities are specified as\r\nfollows:

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b) The district-level People's Committee shall\r\nprepare a report on review of urban classification criteria for class I urban\r\nareas which are provincial cities, cities affiliated to centrally-affiliated\r\ncities, urban areas of class II and class II, III, IV, and V categories to\r\nsubmit to the People's Committee of the province in order to add to the urban\r\nclassification proposal or send it to the appraisal agency;

c) The district-level People's Committee shall\r\nprepare a report on assessment of the urban infrastructure development level of\r\nthe area planned to establish district or ward, except for the case specified\r\nat Point a of this Clause, and submit it to the province-level People's\r\nCommittee to send it to the appraisal agency;

d) The specialized agency under the province-level\r\nPeople's Committee shall review and examine the report before submitting it to\r\nthe People's Committee of province.

3. The report on review of urban classification\r\ncriteria shall contain:

a) Explanation stating the reason and need, legal\r\ngrounds, scope of making report on review of urban classification criteria, the\r\ncorrelation between the proposal to expand inner city to establish districts or\r\nwards and the urban master plan approved by the competent authority; overview\r\nof the current status of urban development, the initiation of construction of\r\nurban-level infrastructure in areas with planned expansion to meet urban\r\nclassification criteria; the degree of satisfaction of the criteria and\r\nstandards compared with the results of assessment and recognized urban\r\ncategory; summarizing assessment and classification of urban areas according to\r\nAppendix 1 of this Resolution; conclusions and recommendations;

b) Appendices attached to the review report include\r\nlegal documents; opinions of specialized agencies of the province-level\r\nPeople's Committees for the report specified at Point b, Clause 2 of this\r\nArticle; relevant schedules and data and miniature drawings (A3) that are\r\nstamped and certified, including a map of the urban administrative boundaries,\r\nclearly showing the extent of the inner city expansion (01 copy), a map of the\r\ncurrent construction urban areas and locations of ongoing projects (01 copy),\r\nurban general planning maps, which clearly show spatial development orientation\r\nand land use for inner city development.

4. The report on assessment of the level of urban\r\ninfrastructure development for the area planned to establish districts or wards\r\nshall contain:

a) An explanation clearly stating\r\nthe need, legal grounds, scope of report making, the correlation between the\r\nproposal to establish a new district or ward with the general urban planning,\r\nzoning planning or detailed planning, urban development program approved by the\r\ncompetent authority; outline the initiation of infrastructure construction in\r\nareas planned to form districts according to the zone planning or detailed\r\nplanning approved by competent authorities; summarizing and assessing the\r\nstandards specified in Appendix 2 of this Resolution; conclusions and\r\nrecommendations;

b) Appendices attached to the review report\r\nincluding legal documents; opinions of specialized agencies of the\r\nprovince-level People's Committees for the report specified at Point c, Clause\r\n2 of this Article; relevant schedules and data and miniature drawings (A3) that\r\nare stamped and certified, including a map of the administrative boundaries of\r\nthe district or ward (01 copy), a map of the current construction urban areas\r\nand locations of urban-level infrastructure, residential units ongoing projects\r\nin areas planned to establish districts or wards (01 copy), urban general\r\nplanning maps, which clearly show spatial development orientation and land use\r\nfor areas where new districts or wards are planned to form.

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6. Responsibilities for appraisal of the reports\r\nare specified as follows:

a) The Ministry of Construction shall take charge\r\nfor organizing the survey; coordinate with relevant ministries and central\r\nagencies to collect opinions on the results of reviewing urban classification\r\ncriteria for cities of special class, class I, class II, class III and class IV\r\nas prescribed in Point a, Clause 1 of this Article and the report on assessment\r\nof urban infrastructure development level for the area planned to establish\r\ndistricts or wards as prescribed at Point b, Clause 1 of this Article;

b) The Ministry of Construction is responsible for\r\nappraising reports according to the contents specified in Clause 8 of this\r\nArticle within 15 days from the date of receipt of complete application for\r\nappraisal of reports; submit it to the competent person specified in Clause 9\r\nof this Article for consideration and decision within 15 days from the date of\r\nthe report on the review of urban classification criteria, the report on\r\nassessment of the level of infrastructure development of urban areas have been\r\ncompleted according to appraisal results.

7. The application for appraisal of report includes\r\nthe statement of the People's Committee of the province and the report\r\nspecified in Clause 3 or Clause 4 of this Article.

8. Contents of report appraisal include:

a) For the report on review of urban classification\r\ncriteria, the matters to be appraised shall comply with Clause 6, Article 12 of\r\nthis Resolution;

b) For the report on assessment of urban\r\ninfrastructure development level of the area planned to establish the district\r\nor ward, the matters to be appraised include the legal grounds; the conformity\r\nwith urban general planning, zoning planning or detailed planning, urban\r\ndevelopment program approved by competent authorities; the actual situation of\r\nurban infrastructure development compared with the standards specified in\r\nAppendix 2 of this Resolution.

9. The competence to recognize the results of the\r\nreview of urban classification criteria and the recognition of meeting the\r\nstandards of urban infrastructure development are prescribed as follows:

a) The Prime Minister shall issue a document\r\nrecognizing the results of the review of urban classification criteria for\r\nurban areas of special class, class I, class II;

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c) The competent person specified at Points a and b\r\nof this Clause shall consider issuing the document and decision on recognition\r\nwithin 30 days from the date of receipt of the appraisal report and the report\r\ndossier completed according to the appraisal results.  In case the\r\ncompetent person does not recognize the results of the review, assessment or\r\nfinds that there are arising factors that may greatly affect the satisfaction\r\nof the urban classification criteria and it is necessary to carry out the\r\nassessment and reclassification of urban areas, the Ministry of Construction\r\nshall issue a document clearly stating the reason and notify the People's\r\nCommittee of the province that submitted the report.

10. Funding for preparation of reports shall be\r\nprovided by the state budget and mobilized from other lawful sources.”.

6. Article 14 is annulled.

7. Replace\r\nAppendix 1, Appendix 2, Appendix 3 issued together with Resolution No.\r\n1210/2016/UBTVQH13 with Appendix 1, Appendix 2, Appendix 3 and supplement\r\nAppendix 4 issued together with this Resolution.

Article 2. Entry in force

This Resolution comes into force\r\nas of January 1, 2023.

Article 3. Transitional\r\nprovisions

1. Urban classification decisions\r\nissued before the effective date of this Resolution shall continue to take\r\neffect until the urban areas are reclassified in accordance with law.

2. For a city, town or township\r\nthat obtains a decision on recognition of given category of urban area before\r\nthe effective date of this Resolution, if its scope of urban classification\r\ndoes not coincide with the boundary of the established administrative division,\r\nthe urban reclassification shall be done under the provisions of this\r\nResolution.

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4. Province-level People's Committees\r\nare responsible for reviewing, formulating, adjusting and organizing the\r\nimplementation of urban development programs for cities of special class, class\r\nI, class II and class III that have been recognized before the effective date\r\nof this Resolution and other relevant master plans, ensuring that by 2025, the\r\nstandards of urban classification criteria in terms of infrastructure\r\ndevelopment level and urban landscape architecture must be completed, focusing\r\non infrastructure of health, education, training and urban-level cultural\r\nworks.

ON BEHALF OF NATIONAL\r\n ASSEMBLY STANDING COMMITTEE\r\n CHAIRPERSON\r\n\r\n\r\n\r\n\r\n Vuong Dinh Hue