Development Control for Central Area of Ho Chi Minh City in the Integration Context

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MINISTRY OF EDUCATION & TRAINING MINISTRY OF CONSTRUCTION HANOI ARCHITECTURAL UNIVERSITY Nguyễn Thanh Quang DEVELOPMENT CONTROL FOR CENTRAL AREA OF HO CHI MINH CITY IN THE INTEGRATION CONTEXT Major in Urban and Building Management Code 62.58.01.06 PH.D. THESIS IN BRIEF HANOI, 2013 1 This thesis has been completed in HANOI ARCHITECTURAL UNIVERSITY Supervisor: Professor Đỗ Hậu Examiner 1: Prof. Dr. Nguyễn Trọng Hòa Examiner 2: Dr. Đào Ngọc Nghiêm Examiner 3: Prof. Dr. Lưu Đức Hải The thesis is presented and defended at the Thesis Panel of: Hanoi Architectural University at………h……., on …….……2013 The thesis is kept at the National library and the library of Hanoi architectural University 2 LIST OF AUTHOR’S PUBLISHED RESEARCHES  Research Project: 1. Research at City (Hanoi) level: “Xây dựng và quản lý không gian xanh trong các khu đô thị mới tại Hà Nội đến năm 2020 với sự tham gia của cộng đồng”, 2008-2010, research member. 2. Research at Ministry level (Ministry of Construction): “Điều tra, khảo sát, nghiên cứu đề xuất cơ chế chính sách cải tạo, chỉnh trang, phát triển khu vực trung tâm Thành phố Hồ Chí Minh”, năm 2010-2012, research member. 3. Research at City (Ho Chi Minh city) level: “Nghiên cứu khung lồng ghép các yếu tố biến đổi khí hậu vào công tác quy hoạch đô thị ở Thành phố Hồ Chí Minh”, năm 2009 – 2013, research member.  Articles: 1. Toàn cầu hóa sự phát triển không gian của Trung tâm thành phố Hồ Chí Minh – The “Quy hoạch Xây dựng” Journal - The institute for Architecture and Urban and Rural Planning, No.33 (7) 2008. 2. Bức tranh phát triển và quản lý đô thị dưới tác động của hội nhập quốc tế - The “Quy hoạch Xây dựng” Journal - The institute for Architecture and Urban and Rural Planning, No. 60, 2012. 3. Giải pháp tăng cường kiểm soát phát triển khu trung tâm thành phố Hồ Chí Minh – The Journal of Construction, no.2, 2013. 3 A. INTRODUCTION 1. Necessity of the research The market economy and international integration, together with promotion of industrialization and modernization has created many powerful forces for social and economic development in general and our country’s urban centers in particular. Thank to the outstanding competitiveness compared with other regions, the urban center is the most attractive to lure the interest of investors and developers in commercial and service sectors. For these reasons, the development of building are strongly surged and diversified in terms of number and shape that made the urban management become more complicated. The management is sometimes exceeded the control of local government and its agencies, negatively impacted on the urban land use, structure and space creation, and thus the negativities and weaknesses revealed. In centre of Ho Chi Minh City, the rate of space development and construction activities are quickly and strongly. A large number of office buildings, commercial centers, high-rise condominiums and houses have appeared densely, but lacking of control. The balanced and consistent development in city centre is a goal set in the city development towards the international standard of life and urban environment. In order to achieve the goal, the enhancement of the space development control is an indispensable solution and plays a key role in the urban management. From such the necessity, the topic of “Development Control for Central Area of Ho Chi Minh City in The Integration Context” is selected for this PhD’s thesis with the major in urban and building management. 2. Research Objectives Establishing the model of control, the apparatus structure and criteria of development control for urban centres, as well as enhancing the essential measures to improve the efficiency of 4 control activities for urban centers development in Vietnam and Ho Chi Minh City in particular towards the international standards of life and urban environment in international integration. 3. Object and Scope of the Research 3.1. Object of research The research object is the development control of the existing central area of Ho Chi Minh City within the process of implementing the approved urban plans in terms of physical space or urban space. The urban space is viewed as the space, architectural buildings, green areas etc. that directly impact the appearance of the city and its space (Law on Urban Planning). 3.2. Scope of Research - Location: The existing central business district of Ho Chi Minh City (regulated as document No.2940/SQHKT – QHKTT issued by Department of Planning and Architecture, sent to Project Management’s Committee relevant to the construction planning of Ho Chi Minh City’s central business district about 930ha, comprising a part of District 1, District 3 and Binh Thanh District) 4. Timing: until 2020 and vision to 2030 The Significance of the Research - Scientific significance: Concretizing, supplementing, perfecting and enriching the ratiocination issues of urban management science in general and controlling the urban development in particular, this has controlled the development of the regions of urban center. - Practical significance: Contributing to the perfection and enhancement of urban management performance in general and controlling the urban development in particular, including urban centers to aim at 5 promoting the role, position and function of the urban centers in the process of industrialization, modernization and international integration of Vietnam's urban, as well as researching and training. 5. The contribution value/contents of the thesis: The clarification on theoretical basis for urban space development control A proposal for Development control system for Ho Chi Minh City’s space development with the Functional Top-down Model. The system is independent and under the City Government (Ho Chi Minh City’s people committee) A proposal for an apparatus for urban space development control system, which is structured at three administrative levels: city, district and ward. A set of criteria for spatial development control for Ho Chi Minh City which consists of eight components focusing on the management for basic activities of spatial use and development. The solutions to improve the efficiency of Ho Chi Minh City’s urban space development control. 6. Structure of the thesis Beside the introduction and conclusion, the thesis consists of 3 main chapters: Chapter 1: Overview of the development and development control of Ho Chi Minh City’s existing central business district in integration. Chapter 2: Scientific bases for the control and the development control of the central business district in large cities Chapter 3: Some control solutions to develop Ho Chi Minh City’s central business district in integration. 7. Basic definitions related to the research 6 - “Development” - “Control” - “Integration” - “Urban centre” - “Centre Area Space Development Control” 7 B. CONTENT OF THE THESIS Chapter 1: OVERVIEW OF THE DEVELOPMENT AND DEVELOPMENT CONTROL OF HO CHI MINH CITY’S EXISTING CENTRAL AREA IN THE INTEGRATION CONTEXT 1.1. Overview of the spatial development of central area in Vietnam’s large Cities In the process of development of constructed land in urban towns (urban land), the central business district will be developed and, especially the central business district of city grade 1 under government (the national centers). Under the influence of the market economy and the integration trend, in urban center, the functional groups of banking and finance, commerce and service have been trending towards the strong and rapid development, overwhelming the other ones. As a result, site coverage, plot ratio, floor area density and average high limit are higher than those of others in the city. Many hotels, restaurants, banks, supermarkets, newspaper publishing, telecommunications, discotheques, office buildings etc. have occupied the prime locations, replaced the housing, health and education projects, etc. broken the planning and traditional landscape of the central business district. Green area occupied only 1-2 % of the construction land, causing the negativities and the cramped in the construction planning and the central business district’s environment. Development status of the central business districts in large cities, especially cities under the government, has achieved the basic results below: Many areas of central business district in cities have been more beautiful, civilized and modern, but still keep the image of planned space, value architectural works and specific characteristic of planning, architecture and construction of central business district in cities, such as the ancient towns, French towns. 8 In order to re-develop, land use purpose in areas with the building works that were inconsistent with central functions, low economic efficiency etc. will be conversed in the central business district. It not only increased the land value but also created the new architectural and the urban space. The preservation, restoration and promotion of the values of heritage, architecture, history, culture, religion etc. should be focused on utilizing. The upgrading, improvement and modernization of the technical infrastructure in central business district (sidewalks, street lights, power supply, water supply and drainage); the embellishment of streets and squares (railway stations, bus stations, public areas, etc.); the construction of bridges, overpasses; the solidification of embankments of streets, lakes and rivers; and the construction of the public utilities etc. did enliven and diversify the spaces and activities in the central business district and facilitate the business operations and meet daily demand of residents. Besides above results, there are some shortcomings: There has been a lack of legal bases for the consistent and effective development, such as the detail plan and urban design, regulations of planning management etc. The architecture status and construction in the central business district of cities have been inconsistent, disorder and un-discipline. The uncontrollability of high-rise buildings in some narrow areas of the central business district, lakeside and surroundings of public areas etc. has led to the overload of technical infrastructure, traffic jam, polluted environment, decrease of green area and parking lots etc. broken the landscape and the harmony of environment and ecology in cities. The public areas, green areas, water surface, sidewalks, and parks have been decreased due to the encroachment caused the congestions, the disturbance and the cramped in urban centres and 9 lack of the harmony between the architectural works (man-made) and natural environment (nature made). The unharmonious architecture, disorder signboards, interlaced power lines, unsafe and encroachment of sidewalks and streets etc. have causes disarrangement, uncivilized effects in many areas belong to old and crowded towns. The status of projects, delayed and stagnant construction of infrastructure component has not only been waste of investment capital but also caused the disorder in cities. 1.2. Current development situation of Ho Chi Minh City’s existing central area The total land area of the existing city center is approximately 930 ha, comprising 678.69ha of civil zone, occupied 74.2% and 238.74ha of non-civil zone, occupied 25.8% (the zone served for religion, industry, military and water surface, etc.) In civil zone, residential area occupies 15.9%, public area 16.7%, commercial area 12.0%, transportation area 25.8%, green area 3.8%. If compared with the public area (administration, culture – sport, infrastructure, education and health), commercial and service area occupies the high ratio in the functional correlation of the urban centre and in economic structure of city centre. After the Vietnam government mandated the Doi Moi Reform in 1986 and from 90s of last century, Ho Chi Minh City’s central business district has been developed and expanded towards the West and the Northwest. The central business district was proposed to adjust the scale by 2006, increased total area of 930ha. Under impacts of the market economy and the Doi Moi Reform of Vietnam’s Communist Party and State relevant to economic – social development, mobilization of resources of all economic sectors etc. the functions of banking, finance, commerce and service were rapidly grown in Ho Chi Minh City’s central business district. They 10 grew fast as business value, transaction offices, services, land and construction. In central business district, the landscape architecture has been improved as modernization, civilization, beautification and cleanliness. The core of District 1’s centre with high-rise buildings, strips of trees alongside the streets and green areas, such as 30/4 Park, 23/9 Park, etc. has created the harmony between natural landscape and architecture works. Besides, there are many cultural heritages, history monuments to be preserved and embellished, such as People's Committee, Notre Dame Cathedral, Ben Thanh Market, Children's Hospital, etc. The low-rise areas and inconsistent landscape along Saigon River, with existing functions are the close port, harbor and riverside parks to be relocated to replace better and more lucrative others. However, Ho Chi Minh City and its central business district have been faced with difficulties and challenges in the development process, such as the unstable economic growth, the development of technical and social infrastructure not matching the fast ratio of urbanization, the stagnant and cumbersome management of government not matching the social demand. Many arising negativities must be solved by the authorities. The government is facing with difficulties in developing stably and consistently. 1.3. The current control of spatial development in Ho Chi Minh City’s existing central area The control of spatial development in central business district is a synthetic activity, including many sections (land use, urban planning and design, preservation, landscape and environment, safety, transportation, etc.) belonging to the governmental authorities (Construction, Natural Resources and Environment, Culture, Transportation, Police, etc.) and divided as many levels being in charge of specific forces. 11 In general, the status of construction, urban and spatial development in central business district has been changing orderly and consistently. The control of construction has been improving effectively. The number of legal construction works has been increasing, and otherwise. Figure 1.1. Violations of construction and urban order in Ho Chi Minh City, from 2009 to 2011 Year 2009 2010 2011 Construction violation (case) 6,142 (decreased 25% y-o-y) 5,078 (decreased 17.3% y-o-y) 4,564 (decreased 10.12% y-o-y) Urban order violation (case) 85,187 75,897 40,515 (Source: Ho Chi Minh City Construction Office) Ho Chi Minh City’s urban management apparatus in general and control of urban development in particular (including the central business district) is structured as 3 levels with the participation of many specialized sections to be undertaken by specific inspectors. The coordination of the City Construction Inspector has been accomplished consistently between levels as regulated. Besides, it has to co-ordinate other authorities and specific inspectors. The construction inspector force and other sections have been strengthened in terms of organizations, human resources and practical skills, knowledge to promote for supervising, inspecting, violation handling, control of construction and urban order. 1.4. Review of relevant published researches - Projects and scientific researches - PhD’s dissertation - Master’s dissertation 12 1.5. Issues to be researched in the thesis Issues relevant to the development control and the spatial development control in central business district of cities. Impact of the international integration on development and urban management (opportunities and threats). Build the scientific bases of the spatial development control in cities. Recommend the organizational model of the control systems, the control apparatus and the control criteria. And, perfect some main solutions to enhance the effect of the city’s development control and the spatial development control in central business district of Ho Chi Minh City. Chapter 2: BACKGROUND FOR THE RESEARCH OF CONTROL AND THE DEVELOPMENT CONTROL OF THE CENTRAL AREA IN LARGE CITIES 2.1. Methodology The thesis has used several methods, such as the expert method, the information processing method, the materials, the survey method, the forecasting method, the comparison method, etc. 2.2. Theoretical backgrounds for the spatial development control in the central area The thesis examines subjects of control activities, measures of control activities, forms and modes of control, the organizational model of control management system, etc. 13 2.3. Legal tools and bases for urban spatial development control and central area. The tools are used by the control apparatus for the spatial development of cities in general and Ho Chi Minh City in particular, comprising: - Legal tools - Planning and projection tools - Organization – administration tools - Education and popularization tools - Economy, technique and technology tools and etc. Three tools of legal, planning and projection are main tools in the management and control of urban development. They are the foundation for considering and evaluating the implementation of controlled subjects in construction, investment and utilization of public areas and works in the cities in general and the central business district in popular. 2.4. Major impacts on the spatial development control There are many direct and indirect impacts on the performance and success of development control in the cities and the central area the key factors comprises mechanisms, policies and legal documents, urban planning and other specialties, planning and implementation progress of the programs, projects, organizational structure of control apparatus, association between levels and relevant authorities and communist’s involvement. 2.5. The integration impacts on urban development and management The international integration taken place in countries in the region and the world have the positive impacts (opportunities) and the negative impacts (threats) on the development of economy and society in general, construction, development and urban 14 management in particular, including the central area. The thesis has researched opportunities and threats from the integration. 2.6. Orientation of the planning and the spatial development control in Ho Chi Minh City’s central area The thesis has researched the orientation of development planning of the functional spaces of central business district as detail design and plan of Ho Chi Minh City’s existing central business district by Nikken Sekkei (Japan), the option was selected, approved and researched as orientation of spatial development control in central business district. 2.7. Lessons of the control and development control in cities Chapter 3: SOLUTIONS FOR DEVELOPMENT CONTROL IN HO CHI MINH CITY’S CENTRAL AREA IN INTEGRATION CONTEXT 3.1. Purposes and requirements for the solutions 3.1.1. Purposes The general purpose to build solutions for perfecting and improving the performance of spatial development in cities in general and central business districts in particular, included Ho Chi Minh City and its central business district includes: targets for development of economy and society, urban construction and development, promotion of process of industrialization and modernization, integration of international economics and regions; improving the quality of life environment; developing civilized, modern and stable cities; conserving and preserving the heritages, ethic tradition, national character and culture. 15 3.1.2. Requirements The proposed solutions have to meet basic requirements below Meet with the regulations, the regulations of panning management, the urban architecture, the management regulations in sections of land, housing natural resource and environment, investment, construction, utilization of works and others. Ensure the comprehensive and consistent control of city’s development and its central business district in construction Be scientific, realistic and applicable; make the positive evolvement and improve the performance of the control. Ensure the balance between the State’s interest, communities, organizations, enterprises and individuals in construction and investment of cities. Ensure the fluency of the control, the transparency and public disclosure in management and implementation, clear assignment and decentralization; shirk responsibility and tasks. Handle strictly violations of the subordinated management agencies and objects. 3.2. Principles and process to control the development of Ho Chi Minh City’s central area 3.2.1. Principles Activities to control the city development in general and its central business district in particular, must obey the following principles - The comprehensiveness consistency - The regularity and continuousness - The public disclosure and transparency - The justice and balance between interests 16 - The fluency, sensitiveness, diversification and flexibility 3.2.2. Objects and process of control - Sort by type of works, developers and utilities - Sort by specialized sections 3.3. The solutions recommended for spatial development control in Ho Chi Minh City’s existing central area 3.3.1. The structural model for spatial control in the city The recommended model to apply the system organization for control in city (physical and material space or city space) is the model of online controlled organizational system – functions. The model is structured as 3 management levels - City (province) - District - Ward (commune) There are 3 levels in the organizational model of Ho Chi Minh City - Municipal agencies (department) - Divisions (districts) - Group/ Team (wards, townships, communes) 3.3.2. Apparatus structural model to control the spatial development of Ho Chi Minh City and its central area For Ho Chi Minh City: at the city level, the agency to control the urban development will be a contact point belonging to the People's Committee, out of control of Construction Department. The Inspection Division belongs to Construction Department, in charge of the administrative activities of the department and specialized internal activities, co-ordination and control of city’s development in concerned sections. The inspectors of Construction Department and 17 other functional departments are responsible for co-ordination with the agency/department of urban development control in activities of city’s spatial development control in necessary cases. Main functions of agency/ department of urban spatial development control: Consult the relevant authorities about the control of city spatial development, including field of city spatial development control. Implement the function of administrative control relevant to construction investment, improvement, utilization of architecture objects and public areas in the city; control the activities of organizations and individuals in construction investment and utilization of urban spaces (including central area) Main duties of agency of urban development control: Supervise and control the activities of spatial urban construction and utilization of individuals and organizations to prevent the violations relevant to planning, projection and regulations. Inspect and handle the violations of the organizations and individuals in the spatial urban construction, investment and utilization as regulations of planning, architecture planning management, projection and Law. Coordinate with the hierarchical authorities and the inspector force under other departments/ agencies in the control of activities assigned duties. For the organizational apparatus of agency of urban development control in Ho Chi Minh City and its central business district, the author recommends below: The apparatus of urban development control shall be structured as 3 levels 18 Control the cities directly under municipal People's Committee, there will be a specialized division to control the central business districts (similar to division of planning and architecture management – central agency – of Ho Chi Minh City’s Department of Planning and Architecture) Control the district’s cities directly under district People’s Committee. For districts have a part of area in the central business district, it shall have a separated division to control the development in the central business district. The division must be under control of district’s agency and division of urban development control in the central business district, belonging to city’s agency of urban development control. Control the ward, commune or township’s city. Teams/groups to control wards in the central business district are under control of district management agency and division of local urban development control in the central business district (due to some district have a part of area belong to the central business district) All hierarchical agencies of urban development control have to be under administrative control of the peer authorities. They have to co-ordinate and co-operate with the specialized inspection division and relevant departments. The apparatus to control the city’s development control includes the State’s administrative apparatus relevant to urban development of the city and the control activities of political – social organizations, enterprises, communities and residents. The State’s administrative agencies are leaders. 19 Figure 1.2. Organizational apparatus to control the development of Ho Chi Minh City and its central area (recommended by the author) Peoples’ Committee in city Municipal level Central control division District level People’s Committee in district District’s urban control Interdisciplinary control Central control team Ward/ commune level Interdisciplinary control Ward’s urban control People’s Committee in commune, ward and township Objects City’s administrative control apparatus City’s urban control apparatus Participation of political – social organizations, enterprises, communities and residents City’s urban control Interdisciplinary control
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