What is urban? What are the cases of formulating urban classification proposal in Vietnam? - My Le (Tien Giang, Vietnam)
What is urban? Cases of formulating urban classification proposal in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 1, Article 3 of the Law on Urban Planning 2009, urban center is an area with a dense population mainly engaged in non-agricultural economic activities;
Which is a political, administrative, economic, cultural or specialized center playing the role of promoting the socioeconomic development of a country, a territorial region or a locality, and consists of inner city and suburbs, for a city; inner town and outskirts, for a town; and townships.
According to Clause 1, Article 12 of Resolution 1210/2016/UBTVQH13 (amended in Resolution 26/2022/UBTVQH15), cases of formulating urban classification proposal include:
- Classification of urban areas on the basis of the present condition of existing cities, towns and townships;
- Urban classification for cities, towns and townships whose administrative division boundaries are planned to be adjusted not coinciding with the existing scope;
- Urban classification for the area planned to form urban area in the future.
According to Clause 2, Article 12 of Resolution 1210/2016/UBTVQH13 (amended in Resolution 26/2022/UBTVQH15), the responsibilities for formulating urban classification proposal are prescribed as follows:
- Province-level People's Committees shall formulate urban classification proposals for special-class and class-I urban areas that are centrally-affiliated cities and submit them to the People's Councils of the same level for approval before sending them to the appraisal agencies;
- District-level People's Committees shall formulate urban classification proposals for class-I urban areas which are provincial cities, centrally-affiliated cities, class II, III and IV cities and submit them to the People's Committee of the province so that the People's Committee of the province shall submit them to the People's Council of the same level for approval before sending them to the appraisal agencies;
- District-level People's Committees shall formulate urban classification proposals for class-V urban areas and submit them to the People's Councils of the same level for approval before sending them to the appraising agencies.
According to Clause 4, Article 12 of Resolution 1210/2016/UBTVQH13 (amended in Resolution 26/2022/UBTVQH15), the responsibilities for appraisal of the proposal are specified as follows:
- The Ministry of Construction shall appraise the urban classification proposal for urban areas of special class, class I, class II, class III and class IV; the Minister of Construction shall establish an interdisciplinary appraisal council;
Take charge and coordinate with relevant ministries, central agencies, and socio-professional organizations in organizing surveys to serve the appraisal and initiate the appraisal of the proposal;
- The specialized agency affiliated to the People's Committee of the province, as assigned by the People's Committee of the province, shall establish a council to appraise the urban classification proposal for a class V urban area;
To review and examine other urban classification proposals drawn up by the district-level People's Committees; take charge and coordinate with relevant departments, agencies, branches, and specialized agencies of ministries and branches in, organizing surveys to serve the appraisal and initiate the appraisal of the proposal;
- The appraisal agency shall appraise the proposal according to the contents specified in Clause 6 of Article 12 of Resolution 1210/2016/UBTVQH13 (amended in Resolution 26/2022/UBTVQH15) within 15 days from the date of receipt of a complete application for appraisal of proposal;
Submit it to the person competent to decide on urban classification within 15 days from the date on which the appraisal result comes out and the urban classification proposal is completed according to the appraisal result.
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