| THE MINISTRY OF CONSTRUCTION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 04/2006/TT-BXD | Hanoi, August 18, 2006 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE NEW URBAN CENTER REGULATION PROMULGATED TOGETHER WITH THE GOVERNMENT'S DECREE NO. 02/2006/ND-CP OF JANUARY 5, 2006
Pursuant to the Government's Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 02/2006/ND-CP of January 5, 2006, on the implementation of the New Urban Center Regulation;
The Ministry of Construction hereby guides the implementation of a number of contents of the New Urban Center Regulation promulgated together with the Government's Decree No. 02/2006/ND-CP of January 5, 2006 (hereinafter referred to as Decree 02/CP for short), as follows:
I. A NUMBER OF CONTENTS ON THE ORDER OF FORMING AND DEVELOPING NEW URBAN CENTERS (HEREINAFTER ABBREVIATED TO NUC) SPECIFIED IN ARTICLE 6 OF DECREE NO. 02/CP:
1. On the urban construction detailed plannings defined at Point a, Clause 1, Article 6:
a/ Based on the urban construction general plannings already approved by competent authorities, provincial/municipal Construction Services or Planning-Architecture Services (for provinces and cities where exist the Planning ' Architecture Services) shall have to organize the elaboration and appraisal of the blueprints of urban construction detailed plannings of 1/2,000 scale in areas where exist NUC projects and submit them to provincial-level People's Committees for approval.
b/ The approved urban construction detailed plannings of 1/2,000 scale shall serve as a basis for formation and development of NUC projects.
2. On the elaboration of detailed construction plannings of 1/500 scale and the formation of NUC projects, provided for at Point b, Clause 1 of Article 6:
a/ Based on the approved urban construction detailed plannings of 1/2,000 scale, NUC project investors (already selected through bidding or constructor designation) shall have to elaborate the construction detailed plannings of 1/500 scale and submit them to competent bodies for approval under the decentralization by provincial-level People's Committees.
b/ Depending on the project size and capabilities of local construction management bodies, provincial-level People's Committees shall decentralize the approval of construction detailed plannings of 1/500 scale of NUC projects to district-level People's Committees.
In cases where upon the elaboration of construction detailed plannings of 1/500 scale, investors propose adjustments to the construction detailed plannings of 1/2,000 scale, aiming to bring about higher efficiency to projects without affecting landscape and the environment, the investors and the appraisal bodies may reach agreement before submitting them to competent bodies for consideration and approval.
c/ Based on the approved construction detailed planning of 1/500 scale, NUC project investors shall have to form NUC projects according to the provisions of Section III of this Circular and submit them to provincial-level People's Committees for organization of appraisal and permission of investment or for appraisal and submission to the Prime Minister for consideration and permission of investment according to the decentralization specified in Article 15 of Decree No. 02/CP.
In cases where upon the formation of NUC projects, investors propose adjustments to the construction detailed plannings of 1/500 scale, aiming to bring about higher efficiency to projects without affecting the architecture, landscape, environment and connection with technical infrastructure, the investors and the appraisal bodies may reach agreement before submitting them to competent bodies for consideration and permission of investment.
3. On grade-2 projects defined in Clause 2, Article 6:
a/ NUC project investors may call on grade-2 investors to make construction investment in NUC projects after the completion of technical infrastructure satisfying the conditions to service the construction and operation of grade-2 projects.
NUC project investors may give priority to grade-2 investors (including those of public projects invested by the State) that can deploy the projects soon and execute the projects at a quick speed, with a view to early achieving the objective of full coverage of the NUC project grounds.
b/ After NUC projects are approved, grade-2 projects (including works invested by grade-1 investors and public works invested by the State) of group-A scale, which are invested in the NUC projects and comply with the approved construction detailed plannings of 1/500 scale, these projects' investors shall not have to carry out procedures to apply for investment permission but only have to send the base designs to competent state bodies according to current regulations on construction for appraisal before approving the projects.
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