Circular 21/2009/tt-Bxd: Regulating The Creation, Evaluation, Approval And Management Of Rural Construction

Original Language Title: Thông tư 21/2009/TT-BXD: Quy định việc lập, thẩm định, phê duyệt và quản lý quy hoạch xây dựng nông thôn

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The CIRCULAR stipulated the creation, evaluation, approval and management of rural construction planning _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, duties and powers of the Ministry of construction;
Pursuant to Decree No. 12/2005/ND-CP on November 24, 2005 by the Government on planned construction;
Implementation of resolution No. 24/2008/NQ-CP dated 28/10/2008 the Government enacted the Government's action program to implement the resolution of the seventh Conference of the Central Committee of the Communist Party of the X lock on agriculture, farmers, rural;
In order to meet the criteria in the new rural criteria were issued in decision No. 490/QD-TTg on 16/4/2009 of the Prime Minister, the Ministry of construction stipulated the creation, evaluation, approval and management of rural construction planning as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the creation, evaluation, approval and management of rural construction planning within the administrative boundaries of a town.
2. The object of the rural construction planning include: network of rural settlement in administrative boundaries of a town, the town centre and rural residential point of focus.
3. The organizations or individuals related to the preparation, appraisal, approval and management of rural construction must comply with the provisions of this circular and the other legal texts concerned.
Article 2. Held up approval, appraisal and planning mission and plan on rural construction 1. The Organization of the establishment, evaluation and approval of the mission planning and construction plan is done in rural construction Law and Decree No. 12/2005/ND-CP on 24/11/2005 of the Government (hereafter abbreviated as Decree 8/2005/ND-CP), except in the case of a private decision of the Prime Minister.
2. the competent authority responsible for approval of the construction plan in writing to the content are guided in this circular, the regulation of construction management under planning.
3. advisory bodies established construction plan is responsible for the content of the research and technical-economic calculations expressed in voice-overs, record drawings of the building plan. Composition and content of the mission profile, the construction plan of the rural provisions in annex guide attached to this circular.
Article 3. Management of rural construction planning 1. Approval authority building plan of the rural base construction plan approved by the regulation on the management of rural construction planning. The specific content of the regulations on the management of rural construction planning in accordance with the provisions of article 35 of Decree No. 12/2005/ND-CP dated. 2. Communal people's Committee, publicly announced the organization planning to build rural areas prescribed in paragraph 4 to article 38 and article 39 of Decree No. 12/2005/ND-CP and some additional tutorial content as follows: a) the content published, openly for the construction plan includes rural sector map:-function: + space produced; living; protection of the environment;
+ Systems engineering infrastructure works;
+ Public system; production facility;
+ New development zone, protected areas, building area).
-Site map-orientated residential point of network development focus.
-The map construction planning, organizing the space of the town centre or residential point of focus.
-Map demarcation boundary, just about the red line, is just about to build.
b) in the process of implementing the rural construction approved, 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 record, the boundary demarcation, the Organization's responsibility to make demarcation just about building made according to the provisions of article 40 of Decree No. 12/2005/ND-CP. 4. The provision of information on planned construction was made under article 41 of 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 of the presentation and the drawings are archived at the Agency construction management level, provincial and communal people's Committee.
Chapter II SPECIFIC PROVISIONS article 4. Set the task of building rural planning 1. The base set of tasks planned for rural construction.
Based on: the potential, the task of social-economic development, building requirements, social infrastructure, technical facilities serving the population, production of each of the local people's Committee proposed Township zoning requirements for rural construction.
2. The content of the planning tasks for rural construction.
a full range) for the communes of rural planning: the mission should determine the boundaries, the scale of construction land, predicts population size in the area and of the settlement according to each stage of planning; the requirements of the layout grid of settlement, the network of public works, the production server; the requirements of the planning network infrastructure works to connect the settlement with each other; requirements for ensuring the sanitation in the settlement; the catalog profile drawing.
b) with respect to the scope of the town centre, rural settlement: the task of planning for rural construction should determine the boundaries, the location, the content needs improving, tweaking page in the center of town or settlement in the area, such as the public service works, production; the technical-economic norms mainly on land and building technical infrastructure; the expanded requirements of building land; asked about the planned technical infrastructure works fit in with plans on settlement; requirements for ensuring the sanitation in the settlement; the catalog profile drawing.
3. The task of adjusting the rural construction planning.
a) implementing adjustment of rural construction planning to ensure the inheritance, the requirements and principles needed to adjust, adjust page for functional areas; the list records the drawings need to adjust.
b) in the course of conducting projects for rural construction planning, building planning content deployment are not consistent with the Mission of the rural construction plan was approved, but do not alter the scope, boundaries, area planning area 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. Rural construction planning 1. Construction planning of content network of rural settlement in the whole commune include: a) analyze and evaluate the current state of natural conditions, the social-economic infrastructure of the town to determine the dynamics of development, urbanization trends, forecasting population land use forecasting, built for each settlement, the difficulties and obstacles in the process of rural construction planning.
b) network layout of rural residential point of focus. Functional areas for public works system, the system of the production server.
c) define the grid of the work of technical connection between the rural residential point of focus, public works and the works of service production.
 2. The content of the planning of the new town centre building, the rural settlement and rural resettlement areas include: a) on the basis of the requirements identified in the master plan of building the network of rural settlement in the civil administration to determine the economic targets specific techniques.
b) define the boundaries, area and population, the target of building land, infrastructure, public works, services, land-use structure.
c) specify 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.
d) define the location and scale of public works, services and the built environment as new works in education, health, culture, sport, Commerce, service, gathered and solid waste transfer, cemetery of each rural settlement.
e) priority projects of the town centre and rural settlement planning.
3. content construction planning to renovate the town centre and rural residential point of focus we have include: a) determines the network technical infrastructure works need to renovate, upgrade.
b) determine content needs improvement, cleanup, in rural areas, public works system, room service. The expanded requirements of building land. The content must meet the norms on population size, landscape ecology, environmental boundaries.
c) the expansion of the town centre or the rural population concentration points should match the scale of the population, the ability, the resources developed in each stage.
Article 6. Projects of construction planning adjustments adjusting rural planning of rural construction made under the provisions of article 37 of Decree 8/2005/ND-CP and some content-specific guidelines are as follows: 1. The adjustment plan for rural construction is done in the following situations : a) for the planned Township built rural browse but do not meet the norms of new rural provisions in The new rural criteria attached to decision No. 490/QD-TTg dated 16/04/2009 of the Prime (hereinafter referred to as the decision 490/QD-TTg) The people's Committee, the levels need adjusting planning organization of rural construction accordingly.
b) in the process of implementing the rural construction planning, changes in policies, advocated changing the forecast of rural construction planning.
c) fluctuations in geography: changing 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 the construction of rural planning decisions about the duration and content of the adjustment of the rural construction planning.

3. When adjusting the rural construction planning should focus on the content. Clearly define the required improvement, adjust the page to adjust land use indicators, spatial organization solution for each area, solutions improving the technical infrastructure works and public works services, consistent with the ability, resources and development requirements.
Article 7. Comments for construction plan of the rural 1. In the process of establishing construction plan, consulting organization 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 accessible and people's comments. The opinions must be fully synthetic and report the Authority considered before approval.
2. results-based and mission profiles, construction plan, the authority approved the planning of construction of decision choosing the construction plan.
Article 8. Process, evaluation, approved the mission and plan on rural construction 1. Body browser.
Communal people's Committee is the organ of the district level people's Committee approved the mission and plan on rural construction.
2. Evaluation Agency.
Construction management agency granted the district is responsible for appraising the mission and plan on rural construction.
3. the approval authority.
District-level people's committees was approved by agency mission and plan on rural construction.
Article 9. The profile component approved the mission and plan on rural construction 1. Profile approval process planning tasks including: rural construction sheet of the approved proposal, the text of relevant legal and planning mission profile.
2. your profile approved the construction plan includes: sheets of the proposal approval, the relevant legal texts and plan records.
3. The number of records the evaluation and approval of a minimum of 3 sets of 10. Content approval tasks, plan to build rural 1. The content of decision approving the mission planning for rural building include: a) requires research on: boundaries, area and population of the town according to each stage of planning;
b) requirements and guidelines on: functional areas (production, live space, limited areas of construction, construction zone, conservation areas, etc.); the social centre network, the rural residential point of focus; system for clues and system infrastructure, public works and services in the whole commune.
c) requirements and principles for improving, tweaking page, expanding to in, public service buildings.
d) indicators on population, land, infrastructure, social infrastructure the town centre and residential point of focus.
e) categories, the number of records projects, funding implementation projects.
f) progress construction plan.
2. The content of decision of approval of building plan rural: a) for network planning of rural settlement the whole town:-boundaries, area, population, land and building Fund targets on land and infrastructure, protection of the environment for the entire town, the town centre and the network of concentrated population point.
-Sector functions, identify the areas that are likely to grow, limiting development, not development, protected areas and other needs.
 -Define the network of the whole technical infrastructure works.
-The projects expected construction on the entire town.
b) with the town centre and rural residential point of focus.
-Functional subdivision structure, building land fund, the solution space organization and technical infrastructure of the town centre, the residential focus points. The area is likely to grow.
-The improvement of content, edit the page or new construction match capabilities, characteristics, requires social-economic development of the town centre, the residential focus point follow each stage of the planning.
-The scale, location of public buildings, services and the built environment as new works in education, health, culture, sport, Commerce, service, gathered and solid waste transfer, cemetery of each rural settlement.
Chapter III IMPLEMENTATION article 11. The responsibility of the people's Committee of the people's Committee of the level granted in 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.
Article 12. Implementation 1. This circular replaces for the items related to the content guidelines, appraisal, approval and management of construction planning of rural settlement in section IV, part II; paragraph 1, item 2 section I part IV; paragraph 1, item 2 section II part IV; paragraph 3 section I part V; clause 4 section II part V; paragraph 3 section III Part V of circular No. 7/2008/TT-BXD dated 7/4/2008 of the Ministry of construction.
2. building management bodies at district level are responsible for reporting the Department building or Facility planning-architecture (Hanoi and Ho Chi Minh City) in writing periodically 6 months and annual plan, planning for program construction and management situation made the planning of rural construction in the area.
3. Construction or planning-architecture (Hanoi and Ho Chi Minh City) are responsible for regular, periodic checks on the State of rural construction planning, follow the planning of rural construction approved and reported on the Ministry of construction.
4. Service architecture, construction planning-Ministry of construction is responsible for helping the construction Minister in the Guide track and examine the implementation of this circular. The obstacles during the implementation process are posted on the Ministry of construction to consider settling.
5. This circular is effective from 15/8/2009.