The Decree 63/2010/nd-Cp: Regarding The Establishment Of Provincial City, Town, District, Ward, Subdistrict

Original Language Title: Nghị định 62/2011/NĐ-CP: Về thành lập thành phố thuộc tỉnh, thị xã, quận, phường, thị trấn

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law organizing the people's Council and people's Committee on November 26, 2003;

Pursuant to the law on urban planning, June 17, 2009;

Considering the recommendation of the Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the conditions, criteria, the order of creation, appraisal of records established in the city, town, district, Ward, subdistrict.

Article 2. Explanation of terms In this Decree, the sync time building is meant to be about the time needed for construction, embellishment of the town since recognized the type of the corresponding municipality to set up the profile established in the city, town, commune.

Article 3. Conditions established in the city, town, district, Ward, subdistrict in the city, town, district, Ward, subdistrict are established on the basis of the following conditions: 1. Meet the needs of governing the State under the administration of the territory.

2. Consistent with the overall planning of the economic and social development, the overall development planning of urban system in the country; have overall planning, zoning and subdivision plans were approved by the authority.

3. Standard of the respective municipalities specified in this Decree.

Chapter II ESTABLISHMENT of STANDARDS in the CITY, TOWN, district, Ward, SUBDISTRICT 4 Thing. The city in the city in the province was established when the following criteria: 1. the urban function: is the provincial municipality, province-level fusion centers, junctions, making in the province or municipality in the province, specialized center of the province, junctions, making of the province; has the role of promoting socio-economic development of a region in the province, a province or a number of areas for the province.

2. Has been recognized by the authority and municipality III type.

3. The scale of the population reaching from 150,000 people or more.

4. The population density urban area reaching from 6,000 people/km2.

5. non-agricultural labour rate in the inner city reached from 80% or more compared to the total number of employees.

6. The proportion of industry-construction and services-trade-tourism in economic structure reaches from 80 or more.

7. The system works in urban infrastructure reached the standards prescribed in clause 5 article 12 of Decree 42/2009/ND-CP on May 7, 2009 by the Government about the classification of municipalities (hereinafter the Decree No. 42/2009/ND-CP).

8. the urban master plan Has been approved by the authorized and have 70% or more administrative units have detailed provisions.

9. The rate of the Ward on the total number of administrative units directly under the same level reached from two-thirds or more.

10. Build-time synchronization from 1 year upwards.

Article 5. Towns in the province, the town in central cities in the town, town in central cities was established when the following criteria: 1. the urban functions: is synthetic or specialized Centre, junctions, traffic exchanges, has the role of promoting socio-economic development of a region in the province of , city in Central or a province, the central cities.

2. Has been recognized as the authorized the municipality type IV.

3. The scale of the population reached 50,000 words or more.

4. The population density urban area reaching from 4,000 people/km2.

5. non-agricultural labour rate in the area of internal market reach from 75% up in comparison with the total number of employees.

6. The proportion of industry-construction and services-trade-tourism in economic structure reaches from 75% or more.

7. The system of infrastructure works municipality of standard prescribed in clause 5 article 13 of Decree 42/2009/ND-CP.

8. the urban master plan Has been approved by the authority.

9. Build-time synchronization from 1 year upwards.

Article 6. County of central cities 1. County of central cities was established when the following criteria: a) the population density reaches from 10,000 people/km2;

b) non-agricultural labour rate reached from 90% or more in comparison with the total number of labour;

c) proportion of industry-construction and services-trade-tourism in economic structure reaches from 90% or more;

d) system of urban infrastructure works to be built and complete;

DD) sector urban planning Has been approved by the authority.

2. With regard to the case of the County was established to expand the area of the central cities must meet the standards specified in point DD and reached 70% over standard level specified at points a, b, c and d of paragraph 1 of this article.

Article 7. Wards in the district, town or city in the province of 1. Wards in the district, town or city in the province was established when the following criteria: a) the population density reaches from 10,000 km2 over against ward in the County; reaching from 6,000 km2 and over against ward in the city of in the province; reached from 4,000 inhabitants/km2 and over against ward in the town;

b) non-agricultural labour rate from 85% to reach over for the ward in the County; reach from 75% upwards for the ward in the city of in the province; reach 70% or more for the ward in the town;

c) system of urban infrastructure works was built for the ward in sync; synchronize each face or being built toward synchronization for ward in the town, a city in the province;

d) Has detailed planning was approved by the authority.

2. With regard to the case of Ward was established to expand urban areas, must reach the standard specified in point d and reaches 70% over standard level prescribed in points a, b and c of paragraph 1 of this article.

Article 8. Towns in the district town of the district was founded when the following criteria: 1. the urban functions: is synthetic or specialized center, has the role of promoting socio-economic development of a district or an area of the district.

2. Has been recognized as the authorized the municipality type V.

3. The scale of the population gain from 4,000 people.

4. The population density reaches from 2,000 inhabitants/km2.

5. non-agricultural labour rate reaches 65% up from compared to the total number of employees.

6. The system works in urban infrastructure reached the standards prescribed in clause 5 article 14 of Decree 42/2009/ND-CP.

7. Has the General plan was approved by the authority.

8. Build-time synchronization from 1 year upwards.

Article 9. The standards established in the city, town, district, Ward, subdistrict for special cases 1. With regard to the establishment of provincial city, town, district, Ward, subdistrict in the mountains, the high, remote areas, borders, Islands or areas with particular values of the cultural heritage, history, nature and tourism has been recognized at the national and international levels, the standard scale and population density may be lower than but to reach from 50% over standard level of scale and population density stipulated in articles 4, 5, 6, 7 and 8 of this Decree; the remaining standard must reach the standards specified in this Decree.

2. Special cases in order to meet the requirements of management of the territory, protect the country's sovereignty or management, investing in social-economic development in the key areas of countries, the establishment of provincial city, town, district, Ward, subdistrict may be competent State agencies to decide before that area was invested to achieve these standards on classification of municipalities.

Chapter III the independent APPRAISAL of RECORDS ESTABLISHED in the CITY, TOWN, district, Ward, SUBDISTRICT 10 Thing. The record established in the city, town, district, Ward, subdistrict of records established in the city, town, district, Ward, subdistrict consists of: 1. the Papers the Government of provincial people's committees on the proposed establishment of provincial city, town, district, Ward, subdistrict.

2. The scheme established in the city, town, district, Ward, subdistrict.

3. Resolutions of the provincial councils, District Councils, the people's Council granted the commune concerned through the scheme established in the city, town, district, Ward, subdistrict.

4. A synthesis of the opinions of the voters or voters represented households are related to established provincial city, town, district, Ward, subdistrict.

5. The legal texts relevant to the review of the scheme established in the city, town, district, Ward, subdistrict.

Article 11. The order established the record established in the city, town, district, Ward, subdistrict 1. The people's Committee of the provincial people's Committee Director district level involved construction of the scheme established in the city, town, district, Ward, subdistrict.

2. the people's committees at district level to build the scheme established in the city, town, district, Ward, subdistrict; directing people's Committee of social opinions of voters or voters representative of households, the social councils through the scheme established in the city, town, district, Ward, subdistrict.

The people's Committee of the district level people's Councils at the same level through the scheme established in the city, town, district, Ward, subdistrict before the provincial people's Committee.

3. The Department of the Interior evaluation of the scheme established in the city, town, district, Ward, subdistrict level by the people's Committee of the people's Committee report, provincial level.

4. the people's Committee of the provincial people's Council the same level through Government review process before the decision.

Article 12. Appraisal of records established in the city, town, district, Ward, the Ministry of the Interior organized the appraisal records established in the city, town, district, Ward, subdistrict, the Government reviewed the decision.

Chapter IV IMPLEMENTATION article 13. Effective enforcement of this Decree in effect enforced since January 25, 2011.

Article 14. Implementation 1. The Ministry of Interior, in coordination with the ministries concerned guiding the implementation of this Decree.

2. provincial people's Committee has the responsibility to report the management of local municipalities periodically on the Interior Ministry to sum up, the Government reports.


3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.