Tài liệu MANAGEMENT OF CONSTRUCTION ACCORDING TO URBAN PLANNINGOF HADONG URBAN EXTENSION DISTRICT, HANOI CITY.

24 3) Recommendations for Ha Dong district: Develop specific plans to implement the management of construction as planned for the urban expansion area, based on the renewed contents proposed for building permits in association with incentive programs. 4) Recommendations for consultants and relevant public bodies: Provide specific provisions on land use norms (brutto and netto) in the urban plans, to avoid causing confusion in the management land use norms in the issues of planning and building permits. When applicable, provide suitable land use ratio incentive proposals. 5) Recommendations for investors: When investing share benefits with communities, in accordance with urban development direction. When applicable suggest public bodies to improve land use ratio incentive mechanisms. 6) Recommendations for relevant communities: Actively participate in the management of construction as planned for public spaces. To understand communities’ benefits and responsibilities in the creation of their own identities for local urban areas. 1 Part I: Introduction 1. Urgency of the theme - Hanoi and Ha Dong district in particular are faced with the increasing population, increasing building density, land subdivision and inadequacies in construction management in general, including the management of land use indicators, the management of planning and building permits, and the lack of community involvement in the management of construction as planned ... - Require complete institutions, the content of construction management as planned after the Construction Law takes effect in 2014. On the other hand, a critical requirement for managing urban spaces (above and below ground) requires the re-establishment of norms for land use ratios in the urban planning and construction management as planned. - Under the Master plan the city Hanoi to 2030, Vision 2050 it was identified that the urban extension area in Ha Dong district is the expanded growth region that is within the zoning S4 of Ha Dong. This is a new growth area has been identified as the extension of inner city with high urbanization requirements that imperatively require suitable investment incentives mechanisms. - The PhD dissertation "MANAGEMENT OF CONST RUCTION ACCORDING T O URBAN PLANNING OF HADONG URBAN EXTENSION DIST RICT, HANOI CITY." was selected with the aim of proposing innovative content for the management of construction as planned that connecting the management of urban spaces at bellow and above the ground with investment incentive mechanisms. 2. Purpose of the Research - Propose institutional innovation in the management of construction as planned that connects with investment incentive policies. - Propose to renew selected contents in the management of construction as planned to harmonize the interests of the stakeholders with suitable incentive mechanisms in the urban investment, construction and development. 2 23 3. Object and Scope of the Research - The object of the research: the management of construction as planned in general and in Ha Dong urban extension area in particular. - The scope of the research: Ha Dong urban extension area. - Period: to 2030, vision to 2050 investment and development management, management perspective renew, instrumental permit renew, land use norm incentive mechanism development... are in general controllable, transparency and met the management level of the world and the South East Asian region and are also consistent with Vietnamese urban development characteristics. These results proposed to Hanoi can be applied to the urban expansion area have similar characteristics in other municipalities in Vietnam. 4. Research Me thodology Thesis uses various research methodologies such as systematic approach; integrated analysis; experts; sociological surveys; forecast; 5. The Scientific and Practical Significance of the Research - Theoretical implications: Contribute to concretize, add scientific reasoning and the concept of construction management as planned for new urban areas in general and urban expansion areas in particular. - Practical implications: Contribute to perfect the management of institutional construction as planned, the completion of construction and urban planning permits and planning permission; innovate the management land use norms. 6. New Contributions of the Thesis - Adding, proposing contents of construction management as planned for urban expansion areas in association with incentive programs. - Recommending to renew the content of planning and building permits, in the construction management as planned for urban expansion areas associated with incentive programs - such as incentive mechanisms for land-use ratios, urban space transfer development rights, or community participation. - Proposing more effective organization for management board of urban expansion areas; - Proposing to re-establish land-use norms in the Vietnamese Standard QCVN01: 2008 as the basis for comprehensive management, to construct a set of Vietnamese standards with provisions on calculating the total building floor area. Re commendations: 1) Recommendation for Ministry of Construction A) Adjust the content QCXDVN01: 2008 to re-establish land use norms in order to form consistent basis for the control of urban spaces and technical infrastructures for the establishment of urban plans and for the management of construction as planned. B) Build up the Vietnamese Standards taking into account the provision on “total building floor area" and the provision on “total building floor area built as planned”. C) Study and report the Government to institutionalize the concept of Urban Space Development Right, proceed to build a market for the transferring of urban space development rights. 2) Recommendations for Hanoi city: develop land use norms incentive mechanisms for the urban expansion area of Ha Dong district through the City Council and report to the Government asking for an experiment for mechanisms regarding the transferring of urban space development rights and the land use ratio incentives – that are in accordance with the development strategies of the city. 22 3 formulation of incentive mechanisms, ensuring the harmony of interests between the investors - communities – and managers. - Proposing to control the norms "land use ratio – building height" in the management of construction as planned in association with incentive programs in the management of urban space of urban expansion area of Ha Dong 3) Establish basis for the renovation of content and management mechanism for the management of construction as planned for the urban expansion area, with three main objectives: (1) Complete the content of management of construction as planned for the urban expansion area in Ha Dong district associated with the objective of encouraging investment and development; (2) Renew the perspectives on urban space management, restore and promote the role land use norms in the management of construction as planned; and (3) Use incentive programs to encourage development and improve urban structures in line with urban planning strategies. 4) Study and propose comprehensive institutional renewal in the management of construction as planned for the urban expansion area in Ha Dong district is practical that concretize the innovation spirit in the 06 aspects, as follow: (1) Renew the content of the management of construction as planned; (2) Renew incentive policies; (3) Renew provisions on total building floor area as planned; (4) Renew the content of permits in the management of construction as planned; (5) Pilot the use of urban space transfer right mechanism; and (6) Strengthen management bodies for the urban expansion area in Ha Dong district. 5) Propose to add and revise contents of the management of construction as planned for the urban expansion area in Ha Dong district in association with investment encouragement, including 07 specific contents: (1) Management of locations as planned; (2) Management of construction investment as planned; (3) Management of land use norms; (4) Management of the urban adjustment contents; (5) Management of incentive programs; (6) Management of community involvement; and (7) Inspections and Investigations. 6) Proposals for the management of construction as planned for the urban expansion area in Ha Dong district associated with objectives of urban 7. Structure of the Thesis Besides the introduction and conclusion, the content of the thesis consists of three chapters: - Chapter 1: Overview on construction management as planned of Hanoi and the urban expansion area of Ha Dong district, consisting of 45 pages. - Chapter 2: The scientific basis for the management of construction as planned for the urban expansion area in Ha Dong district, consisting of 30 pages - Chapter 3: Solutions for the management of construction as planned for the urban expansion area of Ha Dong district, consisting of 56 pages Part 2: Content Chapter 1. O vervie w on the management of construction as planned for Hanoi Ha Noi and the urban expansion area of Ha Dong district 1.1. An ove rview of the planning and management of construction as planned in se ve ral cities in the World and in Vietnam. The thesis considered the implementation basis and instruments for the management of construction as planned in several cities such as London, Shanghai, Bangkok and Ho Chi Minh City. 1.2. Brief about the General Urban Construction Plan of Hanoi The thesis reviewed the following topics: * Legal systems in Urban Construction Planning: Since the Renovation the legal systems had developed in 3 stages: from 1993-2003, governed by Decision 322-BXD/DT ; from 2003-2009 governed by Construction Law 2003; from 2003 to present: governed by Construction Law and Urban Planning Law. * The General Plan of Hanoi before its expansion in 2008: in the period 1954- 2008, Hanoi’s General Plan had been created or revised eight times. 4 21 * General Plan of Hanoi to 2030 Vision 2050 (QHCHN 2020-2030): proposed the development of Hanoi as a series of interconnected towns and cities, including 01 urban centers, 05 satellite towns, ecological towns, other towns and rural settlements; and building permits. It was proposed to experiment the urban space transfer of rights mechanism and property transfer rights in accordance with Land Law 2013 that could be understood as the right to own and transfer dwellings as in Housing Law 2014. * Discussion on the importance of community involvement in the management of construction as planned for urban public spaces: Practical matters relating the location and the content, operation and impact of the management of construction have been well understood by communities. Within that the community involvement were mainly related with the uses of buildings. As a renovation content, public spaces within the control of private investors will be shared for communities’ activities under the preferential arrangements, harmony of interests between communities - managers investors. 1.3. The existing situation of the management of construction as planned in Hanoi. * Reality of the management of construction as planned in Hanoi: the key legal basis is Urban Planning Laws (Article 69 to Article 73) and Construction Law 2014 (article 45 to article 48). Basis for the management of construction as planned includes: (1) management in accordance with approve plans (2) management in accordance with Planning Architecture Regulations; planning permits issued for certain urban precincts and urban precincts of special uses (in or outside urban areas); building permits issued for existing residential areas – or urbanized villages mainly based on National technical codes on urban construction planning. Under Construction Law 2014, norms for construction densities and land use ratios are optional condition in building permits – that create more difficulties for building inspection. - The organization of Hanoi inspection bodies and inspection content have been regulated by the Decree No. 26/2013/ND-CP and Decision No 09/2014 /QD-UBND. Operation of the body that manage the urban growth area has been regulated by the Circular 20/2013/TTLT-BXD-BNV. - The management of construction as planned in Hanoi was the responsibilities of the following bodies: (1) Architecture Planning Departments - who manages urban planning matters and issues planning permits; (2) Construction Department – who manages construction matters and issues building permits; (3) Natural Resources and Environment Department – who manages land matters, supplies land and issues land use right certificates; and (4) Hanoi Urban Planning Institute – who manages and issues street alignments and other related matters. 1.4. The existing situation of the urban expansion area of Ha Dong district. Part III: Conclusions and Recommendations Conclusion 1) Ha Dong district is a specific region, being strongly affected by urbanization, while it reflects general image of Vietnamese cities and the historic precinct of Hanoi with the combination of urban and urbanized village structures surrounding by agricultural fields. This is also the region that has been considered to be highly urbanized to suit its location as center of the Capital city – therefore proposals to renovate solutions on the management of construction as planned in association with investment incentive mechanisms become especially important. 2) The management of construction as planned for the urban expansion area in Ha Dong district with the goal of encouraging the urban investment and construction as planned, with the requirement to unify the management of economic and technical norms – therefore will become the basis for the 20 5 the detailed planning, the project has been approved and the relevant provisions regarding building permits. - For individual residential projects, mixed used and high-rise apartment buildings, ensure the proposed land used ratios not exceeding the planned figures as well as proposed incentive building floor areas not exceeding 10% of the planned figures. * Renew the management of community involvement La Khe ward contains the heritage nominated Bia Ba Commune House and Pagoda Complex. As a result the investment and construction of nearby buildings and public spaces must considered local communities’ requests for additional functions and be placed under supervisions by community representatives. The urban expansion area of Ha Dong district: includes the administrative boundary of Ha Dong within the S4 zoning, comprising of New urban areas and Existing urban areas (existing urban renovated areas and existing urbanized villages) – that can be subdivided into 04 sub-zones: a, b, c, d (Figure 1.1) for the management in accordance with the S4 zoning plan. 3.5. Discussion on Research Findings * Discussion on the request to perfect the management of construction as planned for the urban expansion area in Ha Dong district: matching the timing and requirements of the Construction Law 2014 that encourage investments as planned based on incentives, replace urban planning adjustment mechanisms, and provide new instruments for the management of construction as planned. * Discussion on the renovation content for the management of land use norms: renovate, consistently control land use norms and the total building floor area in order to limit the downside of the management based on construction density in the urban space management, in order to re-establish the management of land use norms. This is the basis for the renovation of permit contents, the development of incentive programs, the pilot of urban space transfer of right mechanism, and the development of a set of "Vietnam standards that requires the calculation of total building floor area”. * Discussion on incentive proposals applied for the management of construction as planned for the urban expansion area in Ha Dong district: including land use norm incentives encouraging the participation of investors in urban development, in association with the renewal of contents in the planning 1.5. Existing situation of the management of construction as planne d in urban expansion area of Ha Dong district. • The management of construction in accordance with General Plan and Zoning Plan: Before the expansion of Hanoi, Ha Dong was managed in accordance with the Town General Plan. Currently Ha Dong has been managed in accordance with the General Plan of Hanoi to 2030-2050, specifically under the S4 Zoning Plan. • The management of planning adjustment: control according to construction density (brutto), building height and land-use ratio. In that, the building height set in the S4 Zoning Plan can be an additional basis for the plan adjustment. • The management of construction permits in the district of Ha Dong: inadequacies in calculating land use ratios and building heights for mixused building complexes. • The management of land use norms as planned: in fact, land use norms have often been applied under the QCVN01: 2008 for construction projects. • The management land use norms for new urban areas: in most cases, maximal land use norms have often been applied through land subdivision into small allotments. Fake land use norms appeared often in new urban areas. • The management of land use norms in existing urban areas and urbanized villages: For areas having no approved urban plan, building permits were issued in accordance with QCVN01: 2008. The minimum requirement of 6 19 30m2 for land subdivision and allocation was also caused the urban fragmentation. Some incentives in management of construction as planned: incentives for land use ratios, tax concessions, tax reduction for businesses. For example, in social housing development the applied land use ratio could be 1.5 times greater than the maximum allowance. state and operated by private investors. Community representatives have been created for supervision purposes at suitable project stages or in accordance with investors’ commitments as provided in incentive certificates (if applicable). * Inspection and checking: Followed Decree No. 26/2013/ND-CP and Decision No 09/2014/QDUBND inspections and checking are focused on management procedures and contents; the management of land use norms, incentive mechanisms in planning and building permits. 1.6. Relate d Research Works and Publication There has been no specific study in the field of urban management taking the urban expansion area of Ha Dong district as case study, or analyzing the content of the management of construction as planned, or practical aspects of land use norms. Related researches are often in different fields and are mainly focused on 3 themes including: macro policy management; specific management matters; and matters related the management of construction as planned. 1.7. Issues that Re quire d Research - How to perfect institutions and renew the contents in the management of in construction as planned for the urban expansion area of Ha Dong district. - How to enhancing the flexibility of the content of planning and building permits in the management of construction as planned in association with development incentive mechanisms. - How to develop mechanisms for community involvement, to harmonize the interests of the stakeholders towards the building of civil society. Chapter 2. The Scientific Basis for the Management of Construction as Planned for the Urban Expansion Area in Ha Dong District. 2.1. Trends of Urban Construction Management * Trends of urban management and the management of construction as planned: Sustainable urban development: is defined as basic and long-term goals; the good governance trends "good governance" means the operation of 3.4. Applying the Management of Construction as Planned for the Urban Expansion Area of La Khê Ward. * Land use norms for the urban expansion are of La Khê ward The Section Nr. 9 having most areas belong to La Khe ward is divided into 03 planned allotments, in which allotments 9-1 and 9.3 are within existing urban areas and urbanized villages; allotment 9-2 is within new urban growth area. * Renew land use norms The management is based on land use ratio and building height on the basis not to increase population density exceeding the planned figure. For areas having no approved urban plans, it is necessary to apply new changes when issuing building permits based on QCNV01: 2008 * Renew contents of building permit - For building permits for villas and other residential buildings below 9 storeys issued by district Peoples Committee: ensure to maintain population density and land use ratio not exceeding the planned figures when issuing permits for land allotments that had been sub-divided from other allotments sized 75-200m. - For residential buildings villas, detached, house garden on 9 floors in height and apartment houses, high-rise housing construction mixed by facility construction permit. Projects include development of large scale housing and new urban areas, recreational areas and resettlement of residents ... To perform 18 * Management of incentive programs - The contents of incentive certificates are legal basis for the provision of additional contents in the planning and building permits, including: application for the grant of incentive certificate, approved incentive certificate and the required deposit. - Propose pilot of mechanism for the transfer of urban space right applied for the urban expansion are of Ha Dong (TDR) in order to encourage or limit certain development. Scope of the pilot includes: + For the managed sections: encourage development in section B with sections A, C and D being played as “ giving sections” while section B played as “receiving section” + For the expansion section, historic inner city section, and expanded inner city section: applied for 2 selected areas of two districts, in which one belongs to the zone of historic inner city – that is growth limited – and the other belongs to the expansion zone – that is growth encouraged. * Management of community involvement: TDR mechanism: Floor area (FAR) are converted from “giving sections” to The scope has been considered to “receiving section” and receive cash flow ($) include public spaces, managed by the from “receiving section” 7 economic bodies, political and administrative that towards community participation, publicity and transparency; Management of construction as planned: with instruments, management bodies, content management regulations planning process associated with construction planned being specified in the decree 11/2013/ND-CP; the trend of urban land reclamation: applicable renovated on existing urban areas, urbanization village; the role of community participation in management of urban spaces: very important factor is building spiritual place, creates vitality and identity for urban spaces and in urban areas. * Some theories about the trend of urban population distribution: Theory of minimizing travel costs; theoretically choose between the cost of housing and transportation; theoretical maximum housing costs. Theory “ Status, Quality and other Trade-off” by Dr. Hoang Huu Phe and Dr. Patrick Walkley implied that housing value is connected with various values added to a location but not only physical quality or geographic location alone. * Projections population growth as planned and population distribution trends:Most planning forecasts assumed limiting population growth in the existing urban areas although without providing consistent mechanisms or policies that are sufficient to limit population growth. * Trend in the management of land use norms: Incentive policies to encourage construction investment: as with worldwide experience it is Maximum Height (D-H) (R-H) necessary to provide Maximum Height suitable mechanisms allow by exsitting Zonning to encourage urban construction Underground Space investments. Construction Consistently density managing land use norms and total Figure 2.1. Comparing the controlling roles of the pairs: building floor area: “Construction Density - building height” (D-H) and “Land use Ratio – build ing Height (R-H)” 8 17 incentive policies on land use norms is necessarily placed under regulations that control: optimal land use ratio as planned; land use ratio for efficient use of urban land; land use ratio for encouraging innovative architecture and urban planning undertakings; land use ratio for promoting housing development policies; and total building floor areas and land fees and taxes. * Policies for the development of incentive programs: based on transparent mechanism, encouraging urban development in line with urban development strategies, harmonizing benefits and needs of regulators investors – people and communities. * Trend in renewing contents of permits connecting with incentive mechanisms for land use norms: provide additional instruments for authorities for the implementation of urban development policies and strategies that are responsive to approved plans and practical conditions. 3.3. Contents of the management of construction as planned for the urban expansion area in Ha Dong district. * Management of locations as planned: The location management is regulated by the Article 70 of the Urban Planning Law for location suggestion; the Article 46 of the Construction Law 2014 for construction location suggestion; and the Decision 72/2014/QDUBND. It was considered that the administration body of Ha Dong district must be involved in the process of determining locations for construction investments in Ha Dong, especially in the urban expansion area. * Management of the construction investment as planned: The management of construction investment is regulated in Chapter 3, Decree 11. It is considered that new provisions should be added to regulate the management of urban spaces and functions that owned and managed by private developers but provided for public use. * Management of land use norms: Land use norms, such as land use ration, total building floor area and building heights play important roles in control of construction above and underground. It is considered that: + For areas with approved detailed urban plan: converting construction density and building height into land use ratio for consistent management; + For areas having no approved urban plan: request the provision of land use ratio and building height as requirements to be included in urban plans, in regulations and in QCVN01:2008 for management purpose; * Management of adjusted contents of urban plans The managed contents include adjusted land use functions and norms via the management of planning and building permits in accordance with Building Code in 2014 and relevant Decrees and Circulars. Additional incentive programs are applied when issuing permits. Incentive land use ratio being converted should not exceed 10% of the total building floor area permitted as planned. 2.2. Legal basis for the management of construction as planned * Capital Code: allowing Hanoi greater rights to solve the problems in the management and development of the city. The Decree 24/2014/ND-CP allows Hanoi People Committee the right to establish "particular professional bodies" will facilitate the proposal of pilot mechanisms and incentives. * Urban Planning Laws and related decrees: important legal basis for the establishment of urban plans. * Construction Law 2014: regulates the content of the management of construction in accordance with urban construction plans at Articles 45,46,47,48. It is consistent with the Urban Planning Laws in the conceptualizing the management of construction as planned. * Decree 11/2013/ND-CP regarding the management of urban investment and development: identifies new concept that connects the establishment of urban construction plans with planning. * The General planning for social-economic development of Hanoi to 2020, towards 2030: determines development directions in terms of urban economy, the mobilization of urban development capitals; it also provides 16 9 pilots for new investment forms such as PPP (public private partnership), TOT (Transfer - Operate - Transfer) * Development strategies in the Hanoi General Plan 2030-2050 for the urban expansion area of Ha Dong district: Placing it in the central city development zone, being one of the urban areas in the chain of cities in the East of the Ring Road 4 (Precinct D4 or namely S4). * Hanoi housing development program 2012-2020, towards 2030: proposing the review of relevant mechanisms and policies in the determination of housing ownership and assets associated with land, and the content in building permit. * Other basis for the management of construction as planned: management in accordance with S4 Zoning Plan; management in accordance with Architecture and Urban Planning Regulations; management in accordance with building and urban planning permits. * System of codes and standards: For the QCVN01: 2008, consider the reestablishment of land use norms which had been provided in the Vietnamese Building Code 1997 - Volume 1 together with the provision of new concepts. Develop the "Vietnamese standards containing provisions on the calculation of total building floor area" * Pilot mechanism for transfer of spatial development right: that should be legalized by administrative decision by the Hanoi Peoples Committee with approval from Hanoi Peoples Council for affected area. While further research is required, market for transferring space development rights seems to be an essential need. * Strengthening management bodies for the urban expansion area of Ha Dong district: Basis for the operation of management bodies is Circular 20/2013/TTLT-BXD-BNV. Figure 3.2 Organization for management bodies for the urban expansion area of Ha Dong district. Ha Noi city (Municipal Party Committee& People’s Council) Department of Construction Department of Natural Resources and Environment Department of Planning and Architecture Management of Urban Development Area Board Others Department New urban development area Others area Urban Management Department (Officer of Expanded Urban Development Area-EUDA) New urban area Wards Officer of EUDA Existing urban area Organization f or management bodies f or the urban expansion area of Ha Dong district. Khu vực phát Hà Đông District 2.3. Basis for the Pilot of Incentive Programs for the Urban Expansion Area in Ha Dong District * Legal basis for building incentive programs Land Law 2013, Construction Law 2014, Capital Law, Housing Law, Decree 24/2014, Decree 11/2013 ... And gradually relevant legal mechanisms with some orientation as: innovation associated with attracting investment resources; ensuring state ownership of land and property use rights on land; developing mechanisms to encourage new markets create new impetus to accelerate the process of urban development as planned. * The right to develop space (air rights) is a concept derived from USA comes with land ownership. The concept of land use rights and property 10 15 ownership rights on land under the Land Law and the land use right transfer set in Vietnamese Constitution 2013 are important basis for the acceptance of the proposal for the concept of Urban space development rights in urban expansion areas. It is also the basis for the development of mechanisms for the transfer of development rights. * Mechanism of transfer of spatial development right (Transfer Development Right-TDR) is based on overseas experience, being applied in many different fields including urban management. The pilot of the urban space transfer development rights for the urban expansion area of Ha Dong district is providing additional mechanisms for the planning and management of construction as planned. The demand of transfer is applied to both new and existing areas that encouraging the development in the new and limiting the development in the existing, especially limiting development in the urbanized villages. Owners that transfer their development rights (converted into m2) legally for other owners shall be deemed to relinquish their legitimate development rights in accordance with urban planning. are controlled and regulated in suitable ways at different project stages, being valid within the life of the project and could be withdrawn by authorities. * Renew provision on the total building floor area as planned Basic criteria of the set of “ Vietnamese Standards for the calculation of total building floor area" aimed at controlling building floor areas with various incentive, encouraging and limiting functions. Accordingly, the allowed total building floor area (GFA), which matches targets regarding land use norms as planned and other incentive programs, is calculated by the formula: GFA allowed = GFA planned + GFA incentives (if applicable) * Renew the content of permits in the management of construction as planned - Planning permit: renewed contents include land use incentives in the incentive certificates (if applicable) together with investors’ commitments, the approved incentive proposals or other incentive policies. - Building permit: renewed contents include incentives for land use or building floor area (if applicable), together with investors’ commitment the approved incentive proposals or other incentive policies. 2.4. Lesson learne d regarding the management of construction as planned * Vietnamese experiences Managing land use norms in Ho Chi Minh City: The Urban Space, Architecture and Landscape Regulations has provided incentive mechanisms for land use norms for investors who comply with requests such as: (1) Creating public open spaces; (2) Connecting public transportations; and (3) Conserving historic buildings. As rewards the land use ratio applied for them will be increased by 1.0 or 0.25 of the minimum required land use ration, whichever is lesser. The Clean Development Mechanism CDM (clean development mechanism): which was adopted by Vietnam in Decision No 130/2007/QDTTg. This mechanism is similar to the "transfer of development rights - T DR" in the field of urban development. (D-H) (R-H) Gross floor Areas incentives Gross floor Areas incentives Maximum Height Maximum Height allow by exsitting Zonning Underground space Construction density Figure 3.1 The reconsideration regarding the management of land use ratio. Manage the sharing of spatial functions accessible on the ground, in urban spaces and urban underground spaces The controlling roles of the pairs: “Construction Density - building height” (D-H) and “Land use Ratio – building Height (R-H)” 14 11 programs: managing land use incentive certificates, and pilot programs for urban space transfer of development right; (6) Management of community involvement: encouraging community involvement in the development of public spaces; and (7) Inspection and Investigation: renovating the content of inspection for the management of construction as planned, the implementation content of incentive programs, and consistently manage the land use norms in planning and building permits. - Propose the set of Criteria for the Management of Construction as Planned for the urban expansion area in Ha Dong district with management criteria on population, land use ratio, height, building density, size or function use, public space ... * Renew incentive policies in the management of construction as planned - Based on the reconsideration regarding the management of land use ratio, it is necessary to re-establish land use norms and to clarify the role of urban space development and management in the QCVN01: 2008. Manage the sharing of spatial functions accessible on the ground, in urban spaces and urban underground spaces. - Encouraging investment and construction that are suitable with urban planning development directions, creative, human-centered and sustainable development objectives. Harmonize the interests of investors in sharing development benefits with communities such as public spaces, traffic, green gardens ... by providing them land use norm incentives. - Provide urban managers additional more flexible instruments, suitable with practical variations such as changing in building height, adding floor spaces without the needs to adjust urban plans – that limit impacts to investments while still ensure consistent implementation of approved urban plans and directions, especially for the renewal of existing urban areas; - Propose Land Use Incentive Certificates: being recognized by authorities that can be added or attached to planning or building permits. Such certificates * International experiences The management of construction as planned in Singapore: being consistently controlled by land use ratio and building height; the construction density is regulated by setbacks, percentage of green areas and safe distances; floor area is used as instrument for regulating and encouraging development with specific guidelines on how to calculate total building floor areas. The management of construction as planned Hong Kong: using land use ratio, which is less than 10 for most urban areas. For new urban areas, the maximum land use ratio is 6.5. The management of construction in accordance with transfer of development right programs in the US and Japan: for the case Grand Central Station, New York it indicated the strength of TDR mechanism in preserving a valuable building. In the case of Midtown project, Tokyo, it showed experiences in the creation of public spaces for communities thought the application of land use ratio incentives for investors. Figure 2.2 Mechanism of transfer of development rights (TDR) grand central station, New York., Drawings Doug Woodruff - TDR handbook The privatization in the issue of building permits in Australia: the issue of building permit has been privatized for 20 years. Registered building surveyors 12 13 were empowered by the law to assess development proposals and issues building permits in accordance with planning code, building regulations, applicable construction standards and other requirements. They are responsible under law for the contents of the issued building permits - The management and development of new towns, new urban areas and existing urban areas: comply with the Decree 11/2013/ND-CP on the management of urban investment and development. - The urban management and renovation as planned: comply with the general provisions under Article 73 Urban Planning Law, Decree 11 for individual projects; and Construction Law 2014 for individual buildings. Chapter 3. Solutions for the Management of Construction as Planned for the Urban Expansion Area in Ha Dong District. 3.1. Opinions, Objectives and Principles * Opinions: (1) complete the content of the management of construction as planned for the urban expansion area in Ha Dong district linked with the objective to encourage investments; (2) Renew perspectives, improve the quality of the management of urban space linked with the roles of land use norms; and (3) Use incentive programs to encourage the development and improvement of urban structure matching urban planning directions. * Objectives: (1) Renew the mechanisms for a synchronized development for the new and existing urban areas and urbanized villages; (2) Renew management instruments for the management of construction as planned that are practical, especially the contents of planning and building permits; (3) Develop land use incentive mechanisms in the investment and construction of urban space and functions that are in line with development direction of the urban expansion area in Ha Dong district; (4) Develop mechanisms to ensure the harmony between the interests of managers - investors – and communities in the urban investment, construction and development; (5) encourage the community involvement in the management of construction for public spaces. * Principle: the management of construction as planned complies with Article 69, Urban Planning Law and Article 45, Construction Law 2014, and other approved urban plans. 3.2. Solutions for Institutional Consistency in the Management of Construction as Planned Complete the contents of the management of construction as planned linked with the urban investment and development, to implement the Construction Law 2014 and Decree 11/2013. * Renew the contents of the management of construction as planned for the urban expansion area in Ha Dong district: - Complete content of the management of construction as planned for the urban expansion area with criteria to ensure the consistency of urban planning and practicability, from the planning establishment to the construction in terms of: land use functions, land use norms through planning and building permits. In particular, consistently use land use ratio as basis for the control and development of urban space and for the development of construction incentive programs. - The contents of the management of construction as planned for the urban expansion area include: (1) Management of construction sites as planned: introduce location and functional use as planned. (2) Management of construction investment as planned: managing urban planning content in accordance with the Criteria for Management of Construction as Planned, Decree 11 and incentive programs; (3) Management of land use norms: managing land use ration, building heights, construction density and total building floor area; (4) Management of the content of urban planning adjustment: managing adjustment functions, adjusted land use norms based on planning certificates or incentives (if applicable). (5) Management of incentive