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Circular 09/2009/tt-Bxd: Regulating The Establishment Of Missions, Projects Of The Planning And Management Of Building New Rural Township.

Original Language Title: Thông tư 09/2010/TT-BXD: Quy định việc lập nhiệm vụ, đồ án quy hoạch và quản lý quy hoạch xây dựng xã nông thôn mới.

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Pursuant to the law built on 26/11/2003;

Pursuant to Decree No. 12/2005/ND-CP on January 24, 2005 by the Government on planned construction;

Pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 the Government's functions, powers and structure of the building;

Pursuant resolution No. 24/2008/NQ-CP dated 28/10/2008 on the implementation of the resolution of the seventh Conference of the Central Committee of the Communist Party of the X lock on agriculture, farmers, rural;

The base is the prime task assigned in decision No. 194/QD-TTg on 02/02/2010 approval of your program planning the construction of new countryside and decision No. 800/QD-TTg on 04/06/2010 approval of the national target program of building new rural period 2010-2020, the Ministry of construction stipulates the establishment of the , evaluation, approval and management of building new rural township in order to meet the criteria in The national criteria of new rural issued decision No. 490/QD-TTg dated 16/04/2009 of the Prime Minister, as follows: chapter I GENERAL PROVISIONS article 1. Scope and object apply.

1. This circular regulates the preparation, appraisal, approval, mission and plan, manage new rural construction planning in the scope of administrative boundaries.

2. planning objects build a new rural construction plan include: the new rural township; detailed planning of the town centre; detailed planning of the new residential areas, resettlement areas, renovate existing village construction under new rural criteria.

3. The organizations or individuals related to the preparation, appraisal, approval, plan tasks, manage the planning of new countryside construction must comply with the provisions of this circular and the other legal texts concerned.

Article 2. Held up the approval process, appraisal and planning mission and plan to build a new countryside.

1. The organization of the establishment, evaluation and approval of the mission and plan to build a new countryside is made according to the provisions of the construction Act and Decree No. 12/2005/ND-CP on January 24, 2005 by the Government on the planning of building, except for the special cases are decided by the Prime Minister.

2. the competent authority responsible for approval of the mission and the plan to build the new countryside with the content to be guided in this circular, the regulation of construction management under planning.

a) body browser: social people's Committee is the organ of the district people's Committee approved the mission and plan to build a new countryside.

b) key: construction management agency or district are dedicated to help the President established by the PPC is responsible for appraisal missions and plan to build a new countryside.

c) approval authority: district people's Committee is the agency that approved the mission and plan to build a new countryside.

3. Consulting projects planned for construction of the new countryside is responsible for the content of the research and technical-economic calculations expressed in voice-overs, record drawings of the plan to build the new countryside.

4. The composition and content of the mission profile, plan to build a new rural guiding in ' ' guides new rural planning ' ' by the Ministry of construction issued.

Article 3. Management of the new rural construction planning.

1. Who has the authority to approve projects of new rural construction planning to base building plan approval issued regulations on the management of the new rural construction planning.

2. the people's Committee of responsible Township Management Department of the administrative boundary management by themselves; the Organization announced publicly, the planning of new countryside construction under the provisions of paragraph 4 and article 38 Article 39 of Decree No. 12/2005/ND-CP and instructions to add some content to the following: a) the content published, openly for the construction plan includes: new rural-development oriented diagram of production space , live; the function of the town centre, the village, the reserve, embellished the relics, the private request.

-Site map navigation system for technical infrastructure.

-Public works system; production base.

-New development Zones, urban improvement, particular areas, protected areas, area construction.

-Site map-orientated rural residential development, including urban renovation and new development areas.

-The map of planning to build a new rural township, organized space of the town centre, the residential village.

-Map demarcation boundary, just about the red line, is just about to build.

-Construction management regulations under planning.

b) in the process of implementing the new rural construction planning, construction investment projects are implemented needs to be updated and published timely, adequate to the Organization, individuals know and monitor implementation.

3. Based on the approved boundary profile, the Organization made demarcation just about building made according to the provisions of article 40 of Decree 8/2005/ND-CP.

4. provision of information on planned construction was made under article 41 of the Decree 8/2005/ND-CP.

5. mission profile and construction plan approved includes: General presentation, the drawing right prescribed rate, CD's save the whole content presentation and drawings are archived at the building management agency of the provincial, district and communal people's Committee.

Chapter II SPECIFIC PROVISIONS section 1 PLANNING the CONSTRUCTION of NEW RURAL TOWNSHIP.

Article 4. Set the task of planning the construction of new rural township.

1. the planning mission established the base of building new rural township.

Based on the task of socio-economic development, the potential of construction requirements, technical infrastructure, social infrastructure, technical facilities serving the population, production of each locality, The national criteria of new rural issued decision No. 490/QD-TTg on 16/4/2009 of the Prime Establishment of the Township people's Committee, the task of building the new rural planning.

2. the content of the duty of planning to build a new rural township: a) for full-range town: defining the boundaries, the scale of land use, population size, the scale of construction in the whole town and of the village according to each stage of planning; requirements for residential network layout, the network of public works, the production server; network technical infrastructure works to connect the village with each other, with the production and the motivation that affect socio-economic development of the town; requirements for ensuring the sanitation in the village.

b) with respect to the scope of the town centre, the village: determine the location, boundaries, land construction scale, the content needs improvement, cleanup, new construction; building requirements, orientation characteristic architecture, the technical-economic norms of the Centre town, public works, township-level production service work, public service and House in each village as the basis for detailed planning for deployment.

3. The task of adjusting the planned construction of a new rural township.

a) implementing adjustment of new rural construction planning to ensure the inheritance, the requirements and principles needed to adjust, adjust page for functional areas.

b) in the course of conducting projects of planning to build a new rural township, construction planning content deployment are not consistent with the Mission of the rural construction planning approved (high floor, density, economic indicators, techniques), but do not alter the boundaries , area, planning region properties, shall not proceed to repeat the task planning. Who has the authority only to approve the planning task again to ensure the consistency in the plan.

Article 5. Content of the plan to build a new rural township.

1. Analyze and evaluate the current state of natural conditions, the social-economic infrastructure of the town to determine the dynamics of development, the characteristic, orientation, socio-economic development; forecasting the population size, prediction using soil Foundation construction for each settlement, the difficulties and obstacles in the process of planning the construction.

2. Orient spatial organization, the production function areas, living areas, peculiarity, public works system, identify the village network, the system works production.

3. Determine the area of the scale, structure, boundaries of land use indicators of land for public works system, services, land, land, land to build production infrastructure and development needs. Identify land use planning solutions, system planning of infrastructure, social infrastructure, the functional use of plots of land with scale development to meet the requirements of each stage of planning and environmental protection.

4. determining the system of residential village focus on administrative localities xã match ecological characteristics, cultural customs of each region, identifying the economic criteria-specific techniques, including:-she Rules, basic indicators about the land, public works and housing in the countryside , a.

-The basic norms of civil works, infrastructure works serve mostly produced in the village.

5. public works system granted with:-locate, scale, content needs improvement, cleanup or built new public buildings, such as the works of education, health, culture, sport, Commerce, and social services in the countryside, a fit of geographic conditions , economic, socio-cultural and living customs of the people.

-Determine the system works of historical, cultural, scenic value.

6. The planning network infrastructure construction communications, sewerage, water supply, power supply, waste drainage, sanitation, cemetery, the whole village and region of production.

7. Identify the priority investment projects in the town centre and the village, the area is planning.

Article 6. Adjust the planning construction of new rural township.

1. Adjusting the plan to build a new Rural Township was made in the following cases:


a) for the planned Township rural construction approved but has not yet met the target of constructing new rural township, the provisions in The proposed new rural criteria in decision 490/QD-TTg on October 16, 2009 by the Prime Minister, the people's Committee of the commune of your organization to adjust the planning to build to suit the requirements of agricultural construction the new hamlet.

b) in the process of implementing the new rural construction planning to appear the problem of policy, advocated altering the forecasts of construction planning that are browsing.

c) fluctuations in geography-natural changes in administrative boundaries, landslides, floods, earthquakes and other factors that affect the forecast of social-economic development of the locality.

2. Who has the authority to approve construction planning decision adjusting the planning of new countryside construction under the provisions of the law.

3. When adjusting the planned construction of a new rural commune should focus on the content, clearly define the requirements, the solution proposed to adjust content such as: land use, spatial organization solution for each area, solutions improving the technical infrastructure works and public works services, consistent with the ability, the resources and requirements development, technical-economic norms.

Article 7. Comments for construction plan of new rural township.

1. In the process of establishing construction plan of new rural township, organization planning consultant has the responsibility to coordinate with local authorities taking the opinion of the Organization, the individual in planning for areas under the form of meetings, exchanged directly or vote comments about content planning to ease people's reach and muscle content suggestions. a poll to participate new rural township planning include: scale, planning projects, the solution space, production organization, production sector, the technical infrastructure network-society, the clearance (if any), the solution to mobilize resources.

The opinions must be fully synthesized and reported by the authorized review before approval.

2. On the basis of mission records, construction plan and results retrieved comments, approval authority building plan, the decision to choose the option of planning to build a new rural township.

Article 8. Content approval is the task of planning the construction of new rural township.

1. the planning mission established the base of building new rural township;

2. The location, boundaries, area planning;

3. The objective of the projects: population size, the Fund produced soils, construction and development needs, land to build the town centre, the residential village; determine the network of residential systems, the specific region, infrastructure works, the targets on land and infrastructure, protection of the environment.

4. The content, the requirements of research projects: a) requirements for the organisation of production space, living;

b) requirements on the organization network of technical infrastructure works the whole town;

c) research requirements for the central town;

d) research requirements for residents of the village;

DD) requires the projects expected construction investment priority on achieving the goals of development.

5. list the number of records, projects, funding implementation projects.

6. The progress, implementation plan of building new rural township.

Article 9. Content approval construction plan of new rural township: 1. The location and scale of planning: a) the boundaries, area.

b) the scale and structure of the population, according to the Township's workers each stage of planning.

2. The objective, content, requirements of the projects: a) normative oriented to social, economic development.

b) economic structure and forms of organization of production.

c) space organization-driven production, living, public systems, technical infrastructure, the entire production infrastructure.

d) as the legal basis for the construction and investment management.

3. The premise of development.

4. Predicting the scale of planning: a) the scale, population, labour structure.

b) scale, the structure of land use.

5. Orient the planning construction of new rural township: a) requirements and guidelines on: functional areas (production, living space, the development zone, the building restrictions, construction zone, Department of conservation ...).

b) functional subdivision structure, the Fund produced soils, construction, parts of the town centre and the village population.

c) construction planning orientation, spatial organization solution system architecture the town centre, public works and services, rural systems, a, the rural residential point of focus; identify the areas that are likely to grow, limiting development, not development, protected areas and other needs; define the boundary, the Land Fund of the town centre building, location, area, size of the building; requirements, the basic norms of public works, services and green areas to be built new or renovated as the work of the education, health, culture, sport, Commerce, social services consistent with the capabilities, features, request the economic and social development of each stage of the planning.

d) oriented distributed system of residential village determine population size, the residential system of the village, the targets on land and infrastructure, protection of the environment of each area; improvement oriented, embellishment, upgrading works in education, health, culture, sport, Commerce, services in the village.

DD) construction planning orientation system for technical infrastructure, production infrastructure, structures in the scope.

-Define the scope of the technical infrastructure works on the range.

-Determine the category of works, projects expected construction on the locality.

6. The indicators on population, land, infrastructure, social infrastructure the town centre and the village.

7. The list of priority projects under planning to reach rural new criteria.

8. Progress, solution implementation construction plan.

9. construction management regulations under planning.

Section 2 DETAILED PLANNING CONSTRUCTION of the TOWN CENTRE, the RESIDENTIAL village POINT, NEW CONSTRUCTION and NEW RURAL RESETTLEMENT article 10. Content of detailed planning task the town centre, the renovated village and the construction of new rural resettlement.

1. Content of detailed planning mission building renovation or new construction of the town centre.

a) requires research on: the location, boundaries, population, land area, forecasting the scale of building new or renovating public works system granted the commune or hamlet village, resettlement areas.

b) requirements and guidelines on: the organisation of space, high floor, the architectural solutions public works and services, green, limited areas of construction, construction zone, the Department of conservation.

c) requirements and guidelines, planning solutions system technical infrastructure, the environment in the area.

d) indicators on planning, economy, land, infrastructure, social infrastructure the town centre and the Centre of the village.

e) categories, the number of records, funding, progress of construction plan.

2. Content of the tasks detailed planning to renovate the building, a new residential, and resettlement.

a) requirements and principles in determining population size, land fund construction, manufacturing space-organization of living in the countryside, a public system in the village, the area development and particularity.

b) requirements and principles define the network solutions system technical infrastructure works, works in production in the countryside, and the environment.

c) indicators on planning, economics, engineering, land and public works system and technical infrastructure works, environmental protection, a.

d) require improvement solutions, upgrades, tuning the page structure, existing cultural monuments, guide to renovate, built new homes in traditional architectural identity.

e) categories, the number of records, funding, progress of construction plan.

Article 11. The content detailed plan the town centre, the renovated village and the construction of new rural resettlement.

1. Content of the detailed plan to renovate the building or construction and the town centre.

a status quo analysis) the land use situation in construction of social works as standard, the standard rules and the new rural construction criteria, forecasting the scale of construction, land, and economic indicators, techniques for each public works, works of historical-cultural landscapes, social;

b) planning the space organization of architecture public works system, the total ground construction planning of the town centre.

c) planning network infrastructure the town centre;

d) requires, in principle, solutions, improvements in the construction and public works systems, technical infrastructure, town centre environment.

e) economy and the priority projects, solutions to mobilize resources.

f) conclusions and recommendations.

g) draft mandate the construction management under planning.

2. Content of the detailed plan to renovate villages, building a, new residential areas and resettlement areas: a) analyze and evaluate the current state of natural conditions, the social-economic infrastructure of the detailed planning to determine the dynamic development, characteristic , the direction of social-economic development; forecasting the population size, prediction using soil Foundation construction for each settlement, the difficulties and obstacles in the process of planning the building of village.

-Determine the area, boundaries, structure of land use indicators of land for public works system, services, land, land, land to build production infrastructure and rural development needs, or area.

-Determine land use planning solutions, system planning of infrastructure, social infrastructure, the functional use of plots of land, developed to meet the requirements of each stage of the planning and protection of the environment in the village or area.


b) Orient spatial organization, the production function areas, living areas, peculiarity, public works systems, technical infrastructure, the construction of production and production in the village or area.

c) oriented architecture solutions, guide to renovate the building and public works in accordance with geographical conditions, economic, socio-cultural and living customs of each people's vocabulary.

d) master plan layout of residential village, the production function, live, its peculiarity, a public works system, network infrastructure, system of production and service production in the countryside, a new area or match biological characteristics culture, customs of each region.

e) determines the technical-economic norms in particular: the scale, the basic norms of land, buildings, improvements needed content, edit the page or are new construction of public works, services, buildings of historical, cultural, landscape value, technical infrastructure works , green, works and housing production in the countryside, a fit of geographic conditions, economic, socio-cultural and living customs of the people.

f) priority investment projects in the village, the area is planning.

g) conclusions and recommendations.

h) draft mandate the construction management under planning.

Article 12. Get comments for a detailed plan to build a new countryside.

1. Detailed planning associated with the practical benefits of people so in the process of detailed planning of projects constructed, organizational consultant is responsible for coordinating with local Government opinions of organizations and individuals in the planning area in the forms of Assembly direct exchange, or play the vote comments about content planning to accessible and people's comments.

The opinions must be fully synthesized and reported by the authorized review before approval.

The basic content of people's opinions include: space organization of architecture, system and scale of public works, network technical infrastructure constructions connected to existing zones, production solutions, developed to meet the requirements of the future.

2. On the basis of mission records, construction plan and results retrieved comments, who has the authority to approve the planning construction of decision choosing the construction plan.

Article 13. Content approval is the task of the detailed planning of the new rural construction.

1. content approving task planning to renovate or build new town centre building: a) the location and scale of planning: requires the study of the location, boundaries, land area scale, forecasting the scale of building new or renovating public works system granted the commune , Hamlet or village; resettlement areas.

b) target, content, requirements of the projects: requirements and guidelines on space organization, high floor, the architectural solutions public works and services, green trees, the region developed, the building restrictions, construction zone, the Department of conservation.

c) requirements and principles define the network solutions system technical infrastructure works, environmental planning in the region.

d) indicators on planning, economy, land, infrastructure, social infrastructure the town centre and the Centre of the village.

e) categories, the number of records, funding, progress of construction plan.

2. content approving task planning to renovate villages, building a, new residential areas and resettlement areas: a) the location and scale of planning: boundaries, area and population size, population, labour structure of each village or area under planning stage.

b) target, content, requirements of projects of specific requirements:-culture-orientated economic, social development, economic structure and forms of organization of production according to the orientation of the General plan.

-Organization-oriented production space, living systems, public works, infrastructure, infrastructure serve as a basis to build and manage the investment.

c) oriented planning.

-Scale residential, land, real estate use structure of production, living, the public buildings service, built new or renovated as the work of the education, health, culture, sport, Commerce, service, gathered and solid waste transfer, cemetery of each residential villages , a.

-Orientation, ask about the sector, held the function space (the space of production, living, limited areas of construction, construction zone, conservation areas, etc.); village center, public works and services, their clue and system infrastructure in the countryside, a.

-Requirements, principles, content improvement, cleanup, expansion or new construction for the zone in, public service works ensure that affordable, features, request the economic and social development of the countryside, according to the planning stage.

d) indicators on population, land, infrastructure, social infrastructure of the village or area.

e) categories, the number of records, the cost of implementing the plan.

f) progress construction plan.

Article 14. Content approval of detailed plan of building new countryside.

1. content approving detailed plan to renovate or build new town centre building: a) the location and scale of planning: the location, boundaries, area system of the town centre.

b) target, content, requirements of projects:-scale planning the town centre include: + range, the scale of land use spatial structure functional areas in the central system.

+ The location, boundaries, land use scale, the scale of construction of each public works level.

-Oriented planning: + space organization-oriented overall system architecture public works, infrastructure in the town centre.

+ Requirements and functional areas principles, identify the areas that are likely to grow, limiting development, not development, protected areas and other needs in the town centre.

c) planning solutions: + solution space organization the overall system architecture of public buildings in the town centre.

+ Requirements, principles, organizational improvement solutions, custom page, expand the build for the public service works, works, historical cultural monuments in the town centre.

d) Of using the detailed planning for the town centre.

e) targets on land, only about the planning, architecture, construction and infrastructure, protection of the environment the central town.

f) the categories of works construction investment is expected in the town centre.

g) construction management regulations the town centre under planning.

2. content approving detailed plan to renovate villages, building a, new residential areas and resettlement areas: a) the location and scale of planning: – boundary, area planning.

-The scale and structure of the population, labor, land use of Hamlet, a planning area, as each stage of the planning.

b) target, content, requirements of projects:-normative orientation, social-economic development of the village that are defined in the construction plan.

-Economic structure and forms of organization of production of Hamlet, a.

-Sector functions, identify the areas that are likely to grow, limiting development, not development, protected areas and other needs.

-Organization-oriented production space, living systems, public works, infrastructure, service production infrastructure in the countryside, a.

-Land use master plan.

-Planning-oriented Village improvement or new construction.

-Define the network of infrastructure works in the village.

c) improvement and embellishment of the village: the improvement of content, edit the page to build public works, consistent service with capabilities, characteristics, request the economic and social development of the countryside, according to each stage of the planning.

+ Request and improvement principles, embellishment for the village; expanding construction of public service work, cultural monuments, monuments and works of service produced in the village.

d) Design Guide improving public works, housing and khuụn for each group of households fit the usages, the condition of the people.

e) indicators on population, land, infrastructure, social infrastructure the town centre and the village.

e) the categories of works construction investment expected in the implementation of the construction plan and rural new criteria.

f) construction management regulations under planning.

Chapter III IMPLEMENTATION article 15. Responsible for implementation.

1. the people's committees of all levels within the scope of the powers, duties, functions of State management on planning the construction according to the provisions of article 54 of Decree 8/2005/ND-CP.

2. building of the District Administration is responsible for reporting the Department building or Facility planning-architecture (for Ho Chi Minh City, Hanoi and Ho Chi Minh City) in writing periodically 6 months and annual plan, planning for program construction management situation and make the new rural construction planning.

3. Construction or planning-architecture (for Ho Chi Minh City, Hanoi and Ho Chi Minh City) are responsible for regular, periodic checks on the State of planning for construction, follow the new rural construction plan has been approved and six months and the annual report of the Ministry of construction.

4. Service architecture, building planning shall assist the Minister build instructions, follow and examine the implementation of this circular.

Article 16. Terms of implementation.

1. This circular is effective from 20 September 2010 and replacing circular No. 21/2009/TT-BXD dated 30/6/2009 by Ministry of construction regulations regarding the creation, evaluation, approval and management of rural construction planning.

2. During the implementation process if there are obstacles and suggest the Organization, individuals send comments on The building for research, resolve./.