CIRCULAR

PROVIDING FOR THE FORMULATION OF PLANNING TASKS AND PLANS AND THE MANAGEMENT OF PLANNING ON CONSTRUCTION OF NEW RURAL COMMUNES

Pursuant to the November 26, 2003 Construction Law;
Pursuant to the Government's Decree No. 08/ 2005/ND-CP of January 24, 2005, on construction planning;
Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to Resolution No. 24/2008/NQ-CP of October 28, 2008, on materialization of the Resolutions of the 7h plenum of the Party Central Committee of the X Congress on agriculture, peasants and rural areas;
Pursuant to the tasks assigned by the Prime Minister in Decision No. 193/QD-TTg of February 2, 2010, approving the Program on review of the planning on construction of a new countryside, and Decision No. 800/QD-TTg of June 4, 2010, approving the national target program on the construction of a new countryside in the 2010-2020 period,
The Ministry of Construction provides for the formulation, evaluation, approval and management of planning on construction of new rural communes, aiming to meet the criteria in the Set of National Criteria for a New Countryside promulgated together with the Prime Minister's Decision No. 491/QD-TTg of April 16, 2009, as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the formulation, evaluation and approval of planning tasks and plans and management of planning on construction of a new countryside within administrative boundaries of communes.

2. Planning on construction of a new countryside includes planning on the construction of new rural communes; detailed planning on commune centers; detailed planning on new residential areas, resettlement zones and renovation of existing villages or hamlets under the criteria for a new countryside.

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Article 2. Organization of the formulation, evaluation and approval of planning tasks and plans on the construction of a new countryside

1. The organization of the formulation, evaluation and approval of planning tasks and plans on the construction of a new countryside must comply with the provisions of the Construction Law and the Government's Decree No. 08/2005/ND-CP of January 24, 2005, on construction planning, except special cases decided by the Prime Minister.

2. Competent agencies shall approve in writing planning tasks and plans on the construction of a new countryside with the contents guided in this Circular, and at the same time issue regulations on the management of construction according to planning.

a/ Summiting agencies: Commune-level People's Committees shall submit to district-level People's Committees for approval planning tasks and plans on the construction of a new countryside.

b/ Evaluating agencies: District-level construction management agencies or specialized assisting teams set up by chairpersons of provincial-level People's Committees shall evaluate planning tasks and plans on the construction of a new countryside.

c/ Approving agencies: District-level People's Committees shall approve planning tasks and plans on the construction of a new countryside.

3. Organizations providing consultancy on the formulation of plans on the construction of a new countryside shall take responsibility for research contents and techno-economic calculations expressed in the explanations and drawing dossiers of the approved plans on the construction of a new countryside.

4. The components and contents of dossiers on planning tasks and plans on the construction of a new countryside are guided in the "Manual on new countryside planning" issued by the Ministry of Construction.

Article 3- Management of planning on the construction of a new countryside

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2. Commune-level People's Committees shall manage the planning in their respective administrative boundaries; publicize the planning on the construction of a new countryside under Clause 4. Article 38. and Article 39 of Decree No.08/2005/ND-CP and the additional guidance on a number of contents as follows:

a/ To-be-publicized contents of a plan on the construction of a new countryside include:

- The diagram on orientations for develop­ment of production and living spaces; functional zones of commune centers, villages or hamlets, relics conservation and embellishment zones and areas subject to special requirements.

- The diagram on orientations for the technical infrastructure system.

- Systems of public works; production service establishments.

- Areas to be developed, areas to be renovated, peculiar areas, protected areas and construction-free areas.

- The diagram on orientations for development of village o»r hamlet population networks-including areas to be renovated and to be developed.

- Maps of the planning on the construction of a new countryside, organization of the space of commune centers and village or hamlet residential areas.

- Maps on planting of boundary markers redline markers and construction markers.

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b/ In the course of implementing the planning on the construction of a new countryside. construction investment projects which have been executed and arc being executed should be promptly and fully updated and announced for organizations and individuals to know and supervise their execution.

3. Based on the approved boundary dossiers, the planting of construction markers shall be organized under Article 40 of Decree No. 08/ 2005/ND-CP.

4. Information on construction planning shall be provided under Article 41 of Decree No. 08/ 2005/ND-CP.

5. Files of approved construction planning tasks and plans include general explanations, drawings of a prescribed scale and compact discs (CD) of all contents of the explanations and drawings shall be preserved in provincial- and district-level construction management agencies and commune-level People's Committees.

Chapter II

SPECIFIC PROVISIONS

Section I. PLANNING ON THE CONSTRUCTION OF NEW RURAL COMMUNES

Article 4. Formulation of planning tasks on the construction of new rural communes

1. Grounds for the formulation of planning tasks on the construction of new rural communes

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2. Contents of a planning task on the construction of new rural communes:

a/ For the whole commune: Determining the boundaries and land use scales, population forecasts and construction scales in the whole commune and all villages or hamlets in each planning stage; requirements on the arrangement of population networks, the networks of public works and production service works; networks of technical infrastructure facilities connecting villages or hamlets with one another and with production zones and dynamic development areas with an effect on the socio-economic development of the commune; and requirements on environmental sanitation in villages or hamlets.

b/ For commune centers, villages or hamlets: Determining the. locations, boundaries and sizes of construction land areas, areas in need of renovation, embellishment and construction: requirements on construction, orientations for typical architecture, major techno-economic targets of commune centers, commune-level public facilities, production service works, public services and houses in each village or hamlet serving as grounds for the implementation of detailed planning.

3. Tasks of adjusting the planning on the construction of new rural communes

a/ The adjustment of the planning on the construction of new rural areas must ensure inheritance and adjustment and embellishment requirements and principles for functional zones.

b/ In the course of formulating a plan on the construction of new rural communes, if the contents of the construction planning being underway does not accord with the approved rural construction planning task (storey height, construction density, economic and technical norms) but this does not require modification of the boundaries, size and nature of the planned area, re formulation of the planning task will not be required. Competent persons shall only re-approve planning tasks to ensure consistence in the plans.

Article 5. Contents of plans on the construction of new rural communes

1. Analysis and assessment of current natural and socio-economic conditions and technical infrastructure facilities of communes in order to determine development motives, typical characteristics of regions and zones and socio economic development orientations; forecasts about population and the use of construction land areas for each residential quarter, and difficulties and problems in the course of planning the construction.

2. Orientations for spatial organization production and living functional sections, peculiar zones, systems of public works, determination of village or hamlet networks and system of production service works.

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4. Determination of consolidated village or hamlet population systems within the commune administrative boundaries, which are suitable to ecosystems and cultural practices of each region or zone; determination of specific techno-economic norms, including:

- Sizes and basic norms on land areas, houses and public facilities in villages or hamlets.

- Basic norms of technical infrastructure facilities and major production service works in villages or hamlets.

5. Commune-level public work systems:

- Determination of the locations, areas and contents of public or service works to be renovated, embellished or constructed, such as education, health, cultural, physical training and sports, trade and service facilities at the commune level and in villages or hamlets, which are suitable to geographical, economic and socio- cultural conditions and living customs of people.

- Determination of systems of historical and cultural relics and scenic places of value.

6. Planning on networks of technical infrastructure facilities for transport, water drainage and supply, power supply, wastewater drainage, environmental sanitation, communal cemeteries, villages or hamlets and production zones.

7. Determination of priority investment projects in commune centers and villages or hamlets and areas according to planning economic norms.

Article 6. Adjustment of planning on the construction of new rural communes

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a/ For communes with approved new-countryside construction planning which, however, fails to meet the criteria for the construction of a new countryside in the Set of Criteria for a New Countryside promulgated together with the Prime Minister's Decision No. 491/QD-TTg of April 16. 2009. commune-level People's Committees shall scrutinize them for adjustment to suit the requirements of construction of a new countryside.

b/ In the course of implementing the planning on the construction of a new countryside, there appear policy-related matters which alter the forecasts of the approved construction planning.

c/ Geographical and natural changes such as changes of administrative boundaries, landslides, floods and other factors affecting local socio­economic development forecasts.

2. Persons competent to approve construction planning shall decide on the adjustment of the planning on the construction of a new countryside in accordance with law.

3. Upon adjustment of the planning on the construction of new rural communes, efforts should be concentrated on adjusted contents, clearly identifying the requirements and solutions in order to propose the adjustment of contents such as land use. solutions to spatial organization for each zone, solutions to renovation of technical infrastructure facilities, public works and service facilities, suitable to capacity and resources as well as development requirements and techno-

Article 7. Collection of comments on plans on the construction of new rural communes

1. In the course of formulating plans on the construction of new rural communes, the planning consultancy organizations shall coordinate with local administrations in collecting comments of organizations and individuals in areas under the planning through conferences, face-to-face talks or questionnaires on the planning contents for easy public access and discussion. Basic issues put up for public comments on the planning on the construction of new rural communes include planning scale and proposed plans, solutions to organization of production, and living spaces, production areas, socio-technical infrastructure networks and ground clearance (if any) and solutions to mobilizing resources.

Contributed comments shall be fully summarized and reported to competent authorities for consideration before approval.

2. On the basis of dossiers on construction planning tasks and plans and collected comments, persons competent to approve the construction planning shall decide to select the plan on the construction of new rural communes.

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1. Grounds for formulation of tasks of planning the construction of new rural communes:

2. Locations, boundaries, land areas and planning:

3. Targets of the plan: Population, production and construction land areas and development demands, land areas for the construction of commune centers, village or hamlet population quarters: determination of networks of population systems, peculiar zones, technical infrastructure facilities, land and technical infrastructure norms, environmental protection.

4. Research contents and requirements of the plan:

a/ Requirements on organization of production and living spaces:

b/ Requirements on organization of networks of communal technical infrastructure facilities;

c/ Research requirements on commune centers;

d/ Research requirements on village or hamlet population;

e/ Requirements on priority works to be constructed in the communes in order to achieve development targets.

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6. Schedule and organization of implementation of the plan on the construction of new rural communes.

Article 9. Contents of approval of plans on the construction of new rural communes:

1. Planning location and scale:

a/ Boundaries and land area.

b/ Size and structure of the population and workforce of the communes in each planning stage.

2. Objectives, contents and requirements of the plan:

a/ Concretization of the socio-economic development orientations.

b/ Reasonable economic structure and form of production organization.

c/ Orientations for organization of production and living spaces, systems of public works, technical infrastructure and production infrastructure of the whole commune.

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3. Development prerequisites.

4. Planning scale forecasts:

a/ Population and workforce size and structure.

b/ Land use scale and structure.

5. Orientations of the planning on the construction of new rural communes:

a/ Requirements and principles on functional areas (production and living space, development zones. construction-restricted areas, construction-free areas, conservation areas...).

b/ Structure of functional areas, production and construction land funds, commune center zones and systems of village or hamlet population quarters.

c/ Construction planning orientations, solutions to organization of architectural space of systems of commune centers, public and service works, systems of villages or hamlets, consolidated rural population spots: identification of to-be-developed areas, areas restricted from development or no-development areas, protected areas and other demands; identification of boundaries and land funds for the construction of commune centers, locations, land areas and construction scale; requirements and basic norms on public and service works and tree-grown areas to be constructed or renovated such as education, health, cultural, physical training and sports and trade and service facilities at commune level, which are suitable to the capabilities, characteristics and socio-economic development requirements of communes in each planning stage.

d/ Village or hamlet population distribution orientations: Identification of population sizes, village or hamlet population systems, norms on land and technical infrastructure and environmental protection of each area; orientations for renovation, embellishment and upgrading of education, health, cultural, physical training and sports, and trade and service facilities in villages or hamlets.

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- Determination of the sizes of technical infrastructure facilities in the communes.

- Determination of lists of works and work items to be constructed in the communes.

6. Population, land, technical infrastructure and social infrastructure norms for commune centers and villages or hamlets.

7. List of priority projects in each planning period for achieving the criteria for a new countryside.

8. Schedule and solutions for implementing the construction plan.

9. Regulations on management of construction according to planning.

Section 2. DETAILED PLANNING ON THE CONSTRUCTION OF COMMUNE CENTERS, VILLAGE OR HAMLET POPULATION SPOTS, NEWLY CONSTRUCTED ZONES AND NEW-COUNTRYSIDE RESETTLEMENT ZONES

Article 10. Contents of the tasks of detailed planning on commune centers, village or hamlet renovation, newly constructed zones and new-countryside resettlement zones

1. Contents of the tasks of detailed planning on the renovation or construction of commune centers

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b/ Requirements and principles regarding spatial organization, storey height, architectural solutions to public and service works, tree-grown areas, construction-restricted areas, construction-free areas and conservation zones.

c/ Requirements, principles and solutions regarding the planning on systems of technical infrastructure facilities and environmental protection works in the planned areas.

d/ Planning, economic, land, technical infrastructure and social infrastructure norms for commune centers and village or hamlet centers.

e/ List, quantity of dossiers, funds and schedules for implementation of the construction plan.

2. Contents of the tasks of detailed planning on the renovation or construction of villages or hamlets and new population quarters and resettlement zones

a/ Requirements and principles for determining population sizes, construction land funds, organizing production and living spaces in villages or hamlets, systems of public works in villages or hamlets, orientated development areas and peculiar areas.

b/ Requirements and principles for determining networks, solutions to renovation of systems of technical infrastructure facilities and production service works in villages or hamlets and environmental protection works.

c/ Planning, economic, technical and land norms for public works and systems of technical infrastructure facilities and environmental protection works in villages or hamlets.

d/ Requirements on and solutions to renovation, upgrading and embellishment of existing architectural works and cultural relics, and guidance on renovation and construction of houses with traditional architecture.

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Article 11. Contents of detailed plans of commune centers, village or hamlet renovation and newly constructed zones and new-countryside resettlement zones

1. Contents of a detailed plan on the renovation or construction of commune centers

a/ Analysis of the current situation of land use, construction of commune-level public works up to the standards, norms and criteria for the construction of a new countryside, forecasts about construction scale, land, requirements and economic as well technical norms for each public work, historical and cultural relic and scenic place at the commune level;

b/ Planning on organization of architectural space of systems of public works, the total land ground planned for the construction of commune centers;

c/ Planning on networks of technical infrastructure facilities of commune centers;

d/ Requirements and principles on and solutions to renovation and construction of systems of public works, technical infrastructure facilities and environmental protection works of commune centers;

e/ Economy and priority projects, resource raising solutions;

f/ Conclusions and recommendations:

g/ Draft regulations on management of construction according to planning.

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a/ Analysis and assessment of the current status of natural and socio-economic conditions. technical infrastructure facilities in the area under the detailed plan for identifying development motives, peculiar characteristics, socio-economic development orientations; forecasts about population size and use of construction land funds for each population spot, forecasts about difficulties and problems to arise in the course of planning the village or hamlet construction.

- Determination of land areas, structure and land use boundaries, land quotas for systems of public works, service facilities, residential land, production land, technical infrastructure land and development demands of planned villages or hamlets or areas,

- Determination of solutions to the land use planning, technical and social infrastructure planning, arrangement of land plots according to use functions to meet the development requirements of each planning stage and environmental protection in villages or hamlets or planned areas;

b/ Orientations for spatial organization, production and living functional zones, peculiar zones, systems of public works and technical infrastructure facilities, system of production and production service works in planned villages or hamlets or areas:

c/ Orientations for architectural solutions, guiding the renovation or construction of public works and houses suitable to geographical economic, social and cultural conditions as well as living customs of people in each area;

d/ Planning on total land ground for arrangement of village or hamlet population, production and living zones, peculiar zones, system of public works and network of technical infrastructure facilities, system of production and production service works in villages or hamlets or newly planned areas, suitable to the ecological characteristics and cultural practices of each area or region;

e/ Determination of specific techno-economic norms: sizes, basic land quotas, construction works, contents of renovation and embellishment or construction of public works, service facilities, historical and cultural relics, scenic places of value, technical infrastructure facilities, tree-grown areas, production service works and houses in villages or hamlets, suitable to geographical, economic, social and cultural conditions and living customs of people;

f/ Priority investment projects in planned villages or hamlets or areas:

g/ Conclusions and recommendations;

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Article 12. Collection of comments on detailed plans on the construction of a new countryside

1. As a detailed plan is closely associated with people's practical interests, in the course of formulating a detailed plan on construction, consultancy organizations shall coordinate with local administrations in collecting comments of organizations and individuals in the planned areas through meetings, face-to-face talks or questionnaires on the planning contents for easy public access and discussion.

Collected comments shall be fully summarized and reported to competent authorities for consideration before approval.

Public comments shall be collected on the following basic issues: organization of architectural space, system and size of public works, networks of technical infrastructure facilities connected with existing areas, solutions to organization of production and livelihood in response to future development requirements.

2. On the basis of dossiers of construction planning tasks and plans as well as collected comments, persons competent to approve construction planning shall decide to select the construction plan.

Article 13. Contents of approval of tasks of detailed planning on the construction a new countryside

1. Contents of approval of tasks of detailed planning on the renovation or construction of commune centers:

a/ Planning location and scale: Research requirements on locations, boundaries, land area, forecast about the construction or renovation scale of systems of public works of commune, village or inter-village level: and resettlement zones.

b/ Objectives, contents and requirements of the plan: Requirements and principles regarding spatial organization, storey height and architectural solutions to public and service works, tree-grown areas, to-be-developed areas. construction-restricted areas, construction-free zones and conservation zones.

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d/ Planning, economic, land, technical infrastructure and social infrastructure norms for commune centers and village or hamlet centers.

e/ List and quantity of dossiers, funds and schedules for implementing construction plans.

2. Contents of approval of tasks of detailed planning on the renovation or construction of villages or hamlets, new population quarters and resettlement zones:

a/ Planning location and scale: boundaries, land areas and forecasts about population size, population and workforce structures of each village, hamlet or planned area in each planning stage.

b/ Objectives, contents and requirements of the plan:

- Requirements on concretization of socio­economic development orientations, economic structure and form of production organization under orientations of the general plan.

- Orientations for organization of production and living spaces, systems of public works, technical infrastructure facilities, production service infrastructure, which serve as legal grounds for construction and investment management.

c/ Planning orientations

- Population size. land, production and livelihood land use structure, public works, service facilities to be constructed or renovated, such as education, health, cultural, physical training and sports, and trade and service works, solid waste collection places, cemeteries of each village or hamlet population cluster.

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- Requirements and principles regarding and the contents of renovation, embellishment, expansion or construction of residential quarters and public service works, which are suitable to the capability, characteristics and socio-economic development requirements of villages or hamlets in each planning stage.

d/ Norms on population, land, technical infrastructure and social infrastructure of planned villages or hamlets or areas.

e/ List and quantity of dossiers and funds for implementing the plan.

f/ Schedule for implementing the construction plan.

Article 14. Contents of approval of detailed plans on the construction of a new countryside

1. Contents of approval of the detailed plans on the renovation or construction of commune centers:

a/ Planning location and scale: Locations, boundaries and land area of the system of commune centers.

b/ Objectives, contents and requirements of the plan:

- The commune center planning scale covers:

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+ Locations, boundaries, land use scale and construction scale of every public work of commune level.

- Planning orientations:

+ Orientations for organization of the general architectural space of the system of public works and technical infrastructure facilities in commune centers.

+ Requirements and principles on functional zones, determination of to-be-developed areas, areas restricted from development and non-development areas, protected areas and other demands in commune centers.

c/ Planning solutions:

+ Solution to organization of the general architectural space of the system of public works in the system of commune centers.

+ Requirements and principles on and solutions to renovation, embellishment, expansion of public service works and cultural and historical relics in commune centers.

d/ Total land ground under the detailed plan on commune centers.

e/ Norms on land, planning, architecture, construction and technical infrastructure facilities as well as environmental protection works in commune centers.

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g/ Regulations on management of the construction of commune centers according to planning.

2. Contents of approval of detailed plans on the renovation or construction of villages, hamlets, new population quarters and resettlement zones:

a/ Planning locations and scale:

- Planning boundaries and land area.

- Population and workforce size and structure, land use of planned villages or hamlets and areas in each planning stage.

b/ Objectives, contents and requirements of the plan:

- Concretization of socio-economic development orientations of villages or hamlets as stated in the commune construction plan.

- Economic structure and forms of organization of production of villages, hamlets.

- Functional zones, determining to-be-developed areas and areas in which development will be restricted or banned, protected areas and other demands.

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- General land use planning.

- Orientations of the planning on the renovation or construction of villages or hamlets.

- Determination of networks of technical infrastructure works in villages or hamlets.

c/ Renovation, embellishment of villages or hamlets: Contents of renovation or embellishment of public works and service facilities, suitable to the capability, characteristics and socio-economic development requirements of villages or hamlets in each planning stage.

+ Requirements and principles on renovation, embellishment of villages or hamlets; expansion of public service works, cultural and historical relics and production service facilities in villages or hamlets.

d/ Designs guiding the renovation of public works, houses and premises for every group of households, suitable to people's customs and conditions.

e/ Norms on population, land, technical infrastructure and social infrastructure in commune centers and villages or hamlets.

f/ Work items projected for investment construction in areas in which construction plans and criteria for a new countryside are implemented.

g/ Regulations on management of construction according to planning.

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ORGANIZATION OF IMPLEMENTATION

Article 15. Implementation responsibilities

1. People's Committees at all levels shall, within the ambit of their powers and tasks, perform the state management of construction planning under Article 54 of Decree No. 08/2005/ ND-CP.

2. District-level construction management agencies shall send to provincial-level Departments of Construction or Departments of Planning and Architecture (for Hanoi and Ho Chi Minh City) biannual and annual reports on plans and programs for construction planning and the management of the implementation of construction plans for a new countryside in their localities.

3. Provincial-level Departments of Construction or Departments of Planning and Architecture (for Hanoi and Ho Chi Minh City) shall regularly and periodically inspect the formulation of construction planning, the implementation of the approved planning on constmction of a new countryside and biannually and annually report thereon to the Ministry of Construction.

4. The Architecture and Construction Planning Department shall assist the Minister of Construction in guiding, monitoring and inspecting the implementation of this Circular.

Article 16. Implementation provisions

1. This Circular takes effect on September 20, 2010, and replaces Circular No. 21/2009/TT-BXD of June 30, 2009, of the Ministry of Construction, on the formulation, appraisal, approval and management of rural construction planning.

2. Any problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement.-

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FOR THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER




Nguyen Dinh Toan

Thông tư 09/2010/TT-BXD quy định việc lập nhiệm vụ, đồ án quy hoạch và quản lý quy hoạch xây dựng xã nông thôn mới do Bộ Xây dựng ban hành