Regulations on urban development programs

1. Principles of urban development investment

According to Clause 2, Article 4 of Decree 35/2023/ND-CP and Clause 2, Clause 3, Clause 4, Clause 5, Article 3 of Decree 11/2013/ND-CP, the principles of urban development investment are stipulated as follows:

- Ensure compliance with national planning, regional planning, provincial planning, technical and specialized planning, compliance with construction planning, urban planning, programs and plans for implementing urban development planning.

- Ensure synchronous development of technical infrastructure, social infrastructure, urban landscape architecture, associated with national defense and security.

- Ensure the economical and effective exploitation and use of resources; protect the environment and respond to climate change and natural disasters with the goal of sustainable development.

- Create a good living environment for urban residents; ensure that community interests are in harmony with the interests of the State and investors.

- Preserve and promote national cultural identity, conserve and embellish existing cultural and historical relics.

2. Regulations on urban development programs

Pursuant to the provisions of Clause 3, Article 4 of Decree 35/2023/ND-CP on urban development programs as follows:

- The urban development program is a collection of tasks, solutions, programs, projects to implement urban development goals of each stage according to provincial planning and general urban planning, established for the following subjects:

+ Provinces and centrally run cities;

+ City, town of province or centrally run city; town of district;

+ Area planned to form new urban area.

- Urban development programs must meet the following requirements:

+ In accordance with national planning, regional planning, provincial planning, general urban planning; approved strategies, programs, and plans on higher-level urban development; medium-term public investment programs and plans and the ability to mobilize actual resources in the locality;

+ Synchronize with technical and specialized planning, orientations, strategies, programs and plans of other sectors and fields related to urban development.

- The urban development program includes some or all of the following contents:

+ Urban development targets for each 5-year and 10-year period; specified for each year in the first 5-year period of the program;

+ Investment programs and projects to build and develop priority infrastructure and urban landscape architecture that meet urban classification standards and criteria;

+ Programs and plans for the development of areas identified according to urban planning, urban development areas (if any) to focus on investment in the synchronous formation of technical infrastructure, social infrastructure and urban landscape architecture in each phase;

+ Key programs and projects to gradually implement sustainable urban development;

+ Resources and resource use, solutions, priority list of urban development investment projects using public investment capital and other capital sources other than public investment capital, expected results according to annual, 5-year and 10-year time frames;

+ Responsibility for organizing, inspecting and supervising the implementation of urban development programs.

- Contents of urban development program of provinces and centrally run cities

+ For provinces: the contents specified in Points a, d, đ and e, Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP; list, roadmap and plan for implementing urban classification, establishment and adjustment of urban administrative unit boundaries to implement the plan for developing the provincial urban system in each 5-year and 10-year period, specified for each year in the first 5-year period of the program;

+ For centrally-run cities: the contents specified in Point a, Clause 4, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP, Point b, Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP; Point c, Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP for districts and areas expected to expand districts or establish new districts.

- Contents of urban development program of cities, towns of provinces or centrally run cities; towns of districts

+ For cities and towns under provinces or centrally run cities: the content specified in Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP;

+ For towns: includes some or all of the contents specified in Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP but must ensure the contents specified in Points a, b and e, Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP.

- Contents of urban development program for the area expected to form a new urban area

+ For areas planned to establish centrally-run cities: the contents specified in Point b Clause 3, Point a Clause 4 Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3 Article 4 of Decree 35/2023/ND-CP; Point b Clause 3 Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3 Article 4 of Decree 35/2023/ND-CP for areas planned to establish districts and wards under districts according to approved urban planning;

+ For areas expected to form new urban areas that are not subject to the provisions of Point a, Clause 6, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP: the content includes some or all of the contents specified in Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP but must ensure the contents specified in Points a, b and e, Clause 3, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP.

- Procedures for preparing, appraising and approving urban development programs:

+ The provincial People's Committee assigns the specialized agency under the provincial People's Committee to organize the preparation, collect opinions, and send them to the agency specified in Point c, Clause 7, Article 3a, Decree 11/2013/ND-CP supplemented by Clause 3, Article 4, Decree 35/2023/ND-CP to appraise the urban development program for provinces, centrally run cities, and areas expected to establish centrally run cities;

+ The provincial People's Committee assigns the district People's Committee to organize the preparation and collection of opinions on urban development programs for cities, towns, areas expected to form new urban areas of the province or centrally-run cities, towns, areas expected to form towns of the district. The district People's Committee reports to the district People's Council before sending it to the agency specified in Point c, Clause 7, Article 3a, Decree 11/2013/ND-CP supplemented by Clause 3, Article 4, Decree 35/2023/ND-CP for appraisal;

+ The Provincial People's Committee assigns the Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) to organize the appraisal of urban development programs;

+ The agency organizing the urban development program shall submit the urban development program to the provincial People's Committee for approval. The provincial People's Committee shall report to the provincial People's Council before approving the urban development program for the urban development program of the province, centrally-run city, area planned to establish centrally-run city and city classified or planned to be classified as type I, II urban area;

+ Provincial and district People's Committees allocate funds to establish and appraise urban development programs from the state budget or other legal sources of capital.

- The urban development program must be reviewed, adjusted or newly established based on the results of the review, synthesis and assessment of implementation after each 5-year period or after the competent authority issues new urban development goals or approves the planning, strategies, programs and plans specified in Point a, Clause 2, Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP.

+ The Minister of Construction details Article 3a of Decree 11/2013/ND-CP supplemented by Clause 3, Article 4 of Decree 35/2023/ND-CP.