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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 44/2015/NĐ-CP
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Hanoi, May 06,
2015
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DECREE
DETAILED
REGULATIONS ON CONSTRUCTION PLANNING
Pursuant to the Law on Government organization dated
December 25, 2001;
Pursuant to the Law on Construction dated June
18, 2014;
At the request of the Minister of Construction;
The Government
promulgates the Decree detailing a number of articles on construction planning.
Chapter I
GENERAL PROVISIONS
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1. This Decree details a number of articles of the
Law on Construction No. 50/2014/QH13 including formulation, assessment and
approval of construction planning; management and implementation of
construction planning; planning permit.
2. This Decree applies to organizations and
individuals at home and abroad involved in construction planning within the
territory of Vietnam.
Article 2. Checks on
construction planning
1. Carrying out checks on construction planning is
to control and evaluate the implementation of approved planning and is one of
the foundations for decision on making adjustment to the planning.
2. Reports on checks on construction planning
include:
a) Check the formulation and development of related
planning, construction projects under the approved construction planning and
planning implementation plan.
b) Assess implemented targets, impacts and
efficiency of implementation under the approved planning;
c) Analyze new elements during the implementation
of construction planning and socio-economic development in the planned area;
dd) Petitions and proposals
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Article 3. Maps serving
formulation of construction planning project
1. The map serving formulation of construction
planning project is the terrain map at the time the construction planning is
formulated.
a) In case the terrain map is not available, survey
and measurement must be conducted to formulate the map under requirements of
each specific construction planning project.
b) In case the terrain map is available but not in
conformity with current conditions at the time the construction planning is
formulated, or only the cadastral map is available, additional survey and
measurement must be conducted to ensure the formulation of construction
planning project and land marking comply with construction planning.
2. The terrain map is formulated by an agency of
legal capacity on the basis of scope of the area under direct study for
planning and in reliance on planning tasks, survey budget estimates approved by
competent agencies.
Article 4. State budget for
construction planning
1. Budgets from the state budget shall be balanced
in annual plan for the formulation and implementation:
a) Regional construction planning
b) General construction planning and special
purpose zone planning (if any)
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d) General planning for communes and detailed
planning for rural residential quarters not falling within construction
projects in the form of business;
2. Budget from state budget for construction planning
shall be used for the following tasks:
a) Establish documentation, carry out survey of the
terrain for the formulation of construction planning, technical infrastructure
planning;
- Carry out establishment, assessment and approval
of tasks, cost estimates for the formulation of terrain map serving the
formulation of construction planning
- Conduct collection of figures, survey,
measurement and formulation of terrain map;
b) Carry out establishment, assessment and approval
of construction planning, technical infrastructure planning;
- Carry out establishment, assessment and approval
of tasks and planning project;
- Collect suggestions from state management
agencies about construction planning project;
- Organize collecting suggestions from residential
community during the formulation of planning;
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c) Organize the implementation of construction
planning, technical infrastructure planning;
- Make public announcement of the planning and
establish plan for construction planning implementation;
- Set up landmarks under the approved construction
planning; The Ministry of Construction shall provide specific guidance on
setting up landmarks under the construction planning.
Article 5. Management of budget
from state budget for construction planning
1. Heads of agencies shall be responsible for the
management of budget from state budget for construction planning; controlling
advance payment, payment and final settlement by quantity under an economic
contract. Relevant agencies shall be responsible for cooperation in
inspection and overseeing.
2. Responsibilities for planning budget from state
budget for construction planning
a) The Ministry of Construction shall make a list
of construction planning projects and annual budget plan for construction
planning initiated by the Ministry of Construction and other planning assigned
by the Prime Minister.
b) People’s
committees at all levels shall make a list of construction planning projects
and annual budget plan for construction planning within administrative
management except construction planning as prescribed in Point a, b, Clause 2
of this Article.
3. The Ministry of Construction shall make public
announcement of limit, unit price or cost determination method for construction
planning.
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Chapter II
REGULATIONS ON
FORMULATION, ASSESSMENT AND APPROVAL OF CONSTRUCTION PLANNING
Section 1. REGIONAL CONSTRUCTION
PLANNING
Article 6. Principles of
formulation of regional construction planning
1. Inter-provincial regions (including large urban
regions), special purpose zones, areas along highways, inter-provincial
economic corridors shall be put into construction planning under the Prime
Minister’s decision on the basis of the Ministry of Construction's proposals in
accordance with strategy and comprehensive planning for socio-economic
development meeting requirements for management and ensuring effective
allocation of national resources.
2. Provincial areas shall be put into regional
construction planning as foundations for construction planning of districts,
communes, inter-district areas, for general planning of urban areas, and
construction planning of special purpose zones in the province.
3. Inter-district areas in a province, district
areas shall be put into regional construction planning under the decision by
People’s committees of provinces on the basis of the Services of Construction’s
proposals (Hanoi City and Ho Chi Minh City departments of Planning and
Architecture) meeting requirements for management, and as foundations for
planning special purpose zones, general planning for communes and
district-affiliated urban.
4. Technical infrastructure planning of inter-provincial
areas, provincial areas is to realize the construction planning of
inter-provincial, provincial areas. Establishment, assessment and approval of
technical infrastructure planning shall be carried out under applicable
regulations.
Article 7. Tasks of regional
construction planning
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a) Arguments for determination of regional
borderlines; planning targets and planning; As for inter-provincial, inter-district
areas, special purpose zones, areas along highways, inter-provincial economic
corridors, planning must be based on arguments and grounds for regional
borderlines to take shape.
b) Summary of areas under construction planning and
development forecasts made by relevant industries;
c) Preliminary forecasts about size of population,
land, urbanization, potentialities and driving force in ten-year, 20-year
periods; proposals for economic-technical criteria to be applied;
d) Requirements for collection of figures, analysis
and assessment of natural conditions and current conditions; vision for
development of space, regional social and technical infrastructure system;
strategic environment assessment; regional planning management; programs and
projects of priority;
As for special purpose zones, areas along highways,
inter-provincial economic corridors, requirements consistent with professional
orientation and development goals must be determined.
dd) Lists, quantity of documentation, products,
progress and implementation;
e) Other requirements relating to characteristics
of each area
g) Total cost estimates for formulation of regional
construction planning
2. Time for the formulation of construction
planning for inter-provincial, provincial areas is from three months and under,
and for other areas is from two months and under.
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1. Regional construction planning project must
ensure to meet approved planning tasks and specific requirements as follows:
a) Analyze and assess natural conditions, current
socio-economic conditions, urban system and rural residential quarters, use of
land, social, technical and environmental infrastructure system, and other
elements of regional characteristics;
b) Conduct assessment and checks on the
implementation of unexpired planning;
c) Determine development goals, speed of
urbanization, nature, potentialities and driving force of regional development;
d) Make forecasts about development of economy,
population, labor, demands for land, rate of urbanization in ten-year, 20-year
periods; determine technical criteria on the basis of development goals;
dd) Regional space development orientation:
- Propose regional space development model;
- Determine zoning for development control and
management; As for areas along highways, inter-provincial economic corridors,
zoning is determined by line section and arrangements for connection to the
areas along the line.
- Allocate and determine size of development space:
industry, agriculture, forestry, tourism, commerce and services, preservation;
determine size and nature of special purpose zones;
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- Allocate and determine size of social
infrastructure systems including educational, training, cultural, medical and
sporting centers of large size and regional significance; commercial and
service centers of regional level; tourist resorts, conservation areas of
natural landscapes, environment and valuable cultural and historical remains;
For special purpose zones, functional centers by peculiar function must be
determined. As for areas along highways, inter-provincial economic corridors, a
system of centers along the line must be determined;
- Allocate and determine size of conservation areas
of landscapes in the region.
e) Orientation of regional technical infrastructure
system:
- Determine network, position and size of regional
or inter-regional technical infrastructure connection works including technical
preparation, traffic, electricity development, supply of energy (gas, fuel, and
petroleum), water supply, drainage and wastewater treatment, solid waste
management, burial-grounds and passive telecom infrastructure;
- For areas along highways, inter-provincial
economic corridors, concerning traffic orientation, connection must be
determined between central line of highway and urban traffic system and
non-urban functional areas; position and size of transport hub along the line,
arrangement of inter-provincial public transport along the line.
g) Strategic environment assessment
- Environmental issues of major impacts;
- Current conditions of large sources of pollution,
areas of environmental degradation and areas of landscape ecosystem; Determine
environmental protection at regional level;
- Forecasts about environmental trends resulting
from formulation and implementation of planning;
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2. Time for the formulation of planning for
inter-provincial areas, provincial areas, other areas is from 18, 15, 12 months
and under respectively.
Article 9. Regulations on
management of regional construction planning project
Regulations on management of regional construction
planning project include:
1. Scope, borderlines, size of population, land
2. Regulations on development region, economic
development space;
3. Regulations on management of urban and rural
system
4. Regulations on position, role, function and size
of social and technical infrastructure works of provincial and inter-provincial
nature;
5. Regulations on scope of protection and safety
corridors with respect to head works, main linear technical infrastructure
works of regional, inter-provincial nature and environmental protection
measures;
6. Regulations on preservation of natural heritage,
valuable architectural works, scenic beauty sites, historical and cultural
remains in the region;
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8. Other regulations on regional peculiar
functions;
Section 2. SPECIAL PURPOSE
ZONE PLANNING
Article 10. Principles of
formulation of special purpose zone planning
1. Special purpose zones inside and outside urban
area shall be put into planning as prescribed hereof;
2. Special purpose zones of over 500 ha shall be
put into general planning ensuring suitability for provincial planning, urban
planning; as foundations for zoning planning and detailed planning;
3. Special purpose zones of over 500 ha shall be
put into general planning ensuring suitability for provincial planning, urban
planning; to serve as foundations for zoning planning and detailed planning;
4. Areas inside special purpose zones upon
construction shall be put into detailed planning in order to realize general
planning, zoning plan and to serve as foundations for issuance of construction
permit.
5. In case a construction project of less than 5 ha
is executed by one single investor (under 2 ha in case it is an apartment
building project), a construction project must be formulated without
formulation of detailed construction planning. Drawing of general site plan,
architectural plan, solutions of technical infrastructure in fundamental design
must conform to zoning plan or planning permit ensuring connection of technical
infrastructure and conformity with architectural space in the area.
Article 11. Tasks of
special purpose zone planning
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a) Arguments, scope and borderlines for general
planning of special purpose zones; foundations for planning; objectives and
tasks of planning;
b) Determine characteristics and role of special
purpose zones in the region; formulate a vision. Make preliminary forecasts
about size of population, economic-technical criteria according to regional
development goals; determine basic criteria about land and technical
infrastructure;
c) Basic principles of analysis and assessment of
natural conditions and current conditions; research and exploitation of
potentiality and driving force; orientation of space arrangement, social and
technical infrastructure system; strategic environment assessment and other
requirements for peculiar development goals in the area.
d) Lists, quantity of documentation, products,
progress and implementation;
dd) Total budget estimates for planning of special
purpose zones
2. Requirements for special purpose zone planning:
a) Give arguments, determine scope, borderlines,
area and characteristics of the areas to be put into zoning;
b) Determine basic criteria about population, use
of land, social and technical infrastructure on the basis of approved general
planning, zone planning;
c) Requirements and basic principles of analysis
and assessment of natural conditions and current conditions; requirements for
functional zoning, space and technical infrastructure to ensure conformity with
approved general planning, zoning plan and surrounding area;
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dd) Lists, quantity of documentation, products,
progress and implementation;
e) Total budget estimates for the formulation of
special purpose zone planning;
3. Requirements for tasks of detailed construction
planning:
a) Determine borderlines and space of the area
subject to detailed planning; criteria for use of land and technical
infrastructure;
b) Basic principles of analysis and assessment of
natural conditions and current conditions; requirements for landscape
architecture and technical infrastructure ensuring conformity with approved
zoning plan and general planning; requirements for strategic environment
assessment;
c) Lists, quantity of documentation, products,
progress and implementation;
d) Total budget estimates for detailed planning of
special purpose zones;
4. Time for establishing tasks of general planning
of special purpose zones, special purpose zoning plan, detailed planning is
from two months, one month, one month and under respectively;
Article 12. Special purpose
zone planning project
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a) Analyze and assess natural conditions, current
socio-economic conditions, urban system and rural residential quarters, use of
land, social and technical infrastructure system, environment and elements of
regional characteristics;
b) Assess implementation of unexpired planning,
projects; determine and clarify orientations in planning of related industries;
c) Determine goals and driving force of special
purpose zone; make forecasts about population, labor, construction land,
criteria of social and technical infrastructure in each stage
c) Orient land use planning, determine scope and
criteria of land use in special purpose zones under requirements for
development in each phase;
dd) Space development orientation:
- Determine development model and development of
special purpose zones; orientation and principles of development with respect
to functional zones;
- Organize central system in conformity with
development of residential areas and functional areas; determine architectural,
landscape areas, main space, square system, border gate areas, prominent works
of special purpose zone;
- Propose illustrations of main space of special
purpose zones, solutions to arrangement of space of key areas, and regulations
on control of architecture and landscape;
e) Technical infrastructure orientation:
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- Determine external, internal traffic network;
position and size of traffic head works; organize public traffic system,
terminal system; property boundaries of main axles, technical tunnel system (if
any);
- Determine demands and supply sources of water,
energy (electricity, gas); make forecasts about total volume of wastewater,
solid waste; determine position and size of head works and main distribution
networks of water, energy and lighting supply systems, passive telecom
infrastructure, drainage and wastewater treatment works;
- Determine position and size of solid treatment
facilities, burial-grounds, and other technical infrastructure works;
g) Strategic environment assessment:
- Determine key environmental issues, inadequacies
inside and outside the planned area;
- Current conditions of pollution sources imposing
direct effects on the environment;
- Make forecasts about environmental development
during the formulation and implementation of general planning of special
purpose zones;
- Propose prevention measures and order of priority
for implementation; propose separation and environmental protection areas;
h) Propose prioritized investment items, demands
for capital and human force for implementation;
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Article 13. Special purpose
zoning planning project
1. Special purpose zoning planning project must
clarify nature, functions and requirements of the areas under planning, meeting
tasks of approved planning and other requirements as follows:
a) Analyze and assess natural conditions, current
conditions of construction land, population, landscape architecture, technical
infrastructure; analyze regulations of general planning in relation to the
areas under planning; assess projects, planning that have been developed in the
areas;
b) Determine population, criteria about use of
land, social and technical infrastructure for the entire area; economic and
technical criteria by peculiar function;
c) Planning general site plan of land use:
Determine zones in the area under planning; determine criteria about land use
in terms of construction density, land use coefficient, height of works in each
parcel of land; setbacks from road central lines of roads; position and size of
underground works (if any);
d) Arrangement of landscape architectural space:
Determine principles and requirements for arrangement of landscape
architectural space for each zone, main roads, open space and prominent point;
dd) Technical infrastructure orientations:
Technical infrastructure system is arranged to road network including:
- Determine elevation of each city zone;
- Determine traffic network, cross section,
property boundaries and construction boundaries; determine and realize general
planning of position and size of terminal system (above, on the ground and
underground); public traffic routes; technical tunnels (if any);
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- Determine demands and supply sources of energy
(electricity, gas…); position and size of distribution stations, gas stations;
medium-voltage line network and lighting system;
- Determine demands and passive telecom
infrastructure;
- Determine total volume of wastewater and waste;
drainage network; position and size of wastewater and waste treatment works and
burial-grounds;
e) Strategic environment assessment
- Determine key environmental issues, inadequacies
in the area under planning;
- Assess environmental development during the
formulation and implementation of general planning of special purpose zones;
- Propose prevention measures and order of priority
for implementation; propose separation and environmental protection areas for
functional zones;
g) Planned prioritized investment projects, demands
for capital and human force for implementation;
2. Time for formulation of special purpose zoning
planning project is from 09 months and under.
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1. Detailed special purpose zone planning project
must meet tasks of approved planning and other specific requirements as
follows:
a) Analyze and assess natural conditions, current
conditions of construction land, population, landscape architecture, technical
infrastructure; regulations of general planning and zoning plan in relation to
the areas under planning;
b) Determine size of population, criteria for use
of land, social and technical infrastructure for the entire area under
planning;
c) Planning general site plan of land use:
Determine functions, criteria about land use in terms of construction density,
land use coefficient, height of works, setbacks from each parcel of land;
position and size of underground works (if any);
d) Determine height of works, floor level and
height of first floor; architectural form, fence, color, key materials of works
and other architectural objects; arrangement of public green trees, garden
landscape, city street green trees and water surface in the area under
planning;
dd) Planning technical infrastructure system: Technical
infrastructure system is arranged to internal road network including:
- Determine elevation of each land parcel;
- Determine traffic network, cross section,
property boundaries and construction boundaries; determine and realize general
planning and zoning plan for position and size of terminal system (above, on
the ground and underground) (if any);
- Determine demands and supply source of water;
position and size of factory works, water pump plants; water supply pipe
network and specific technical specifications;
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- Determine demands and telecom infrastructural
works;
- Determine volume of wastewater, solid waste;
drainage network; position and size of wastewater and solid waste treatment
works and burial-grounds;
e) Strategic environment assessment
- Assess current conditions, determine key
environmental issues in the area under planning;
- Forecasts, environmental impact assessment of
planning methods;
- Propose prevention measures and order of priority
for implementation;
g) Conduct preliminary determination of capital and
human force for implementation;
2. Time for formulation of detailed planning
project is from 06 months and under.
Article 15. Regulations on
management of special purpose zoning project
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a) Borderlines, scope and nature of special purpose
zone;
b) Criteria about area, construction density, land
use coefficient, maximum and minimum height of works in each functional zone;
c) Regulations on control of space and architecture
of each area;
d) Property boundaries of main street routes,
controlled elevation of each zone;
dd) Position, size and scope of protection, safety
corridors for underground works;
e) No construction area; scope of protection,
safety corridors for technical infrastructural works;
g) Conservation areas of architectural works,
historical and cultural remains, scenic beauty sites, landscape topography;
h) Requirements and measures for environmental
protection as prescribed by the Law on Environmental Protection;
2. For special purpose zoning plan, regulations on
management of the planning project include the following information:
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b) Position, borderlines, nature and size of
functional zones in the planned area; Criteria about construction density, land
use coefficient, maximum and minimum height of works, elevation of each land
parcel;
e) Property boundaries, construction boundaries,
elevation and specific technical requirements for each route, area; scope of
protection, safety corridors of technical infrastructural works;
d) Main space axles, prominent points of the area;
dd) Position, size and scope of protection, safety
corridors for works of peculiar functions; underground works;
e) Areas of conservation, renovation and development
of historical and cultural remains, scenic beauty sites, landscape topography;
g) Requirements and measures for environmental
protection as prescribed by the Law on Environmental Protection;
3. For detailed special purpose zoning plan,
regulations on management of the planning project include the following
information:
a) Borderlines, scope and nature of planned area;
b) Position, borderlines, function and size of land
parcels in the planned area;
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d) Property boundaries, construction boundaries and
specific technical requirements for each internal road route, scope of
protection, safety corridors of technical infrastructural works;
dd) Position, size and scope of protection, safety
corridors for works of peculiar function, underground works;
e) Lists and regulations on conservation,
renovation and development of architectural works, historical and cultural
remains, scenic beauty sites, landscape topography;
g) Requirements and measures for environmental
protection as prescribed by the Law on Environmental Protection;
Section 3. RURAL CONSTRUCTION
PLANNING
Article 16. Principles of
formulation of rural construction planning
1. Communes shall be put into general planning in
order to realize the construction planning at provincial and district levels,
to serve as foundations for determination of investment projects and
formulation of detailed planning of rural residential quarters;
2. Rural residential quarters determined in the
general urban planning shall be put into rural planning as prescribed hereof.
3. Rural residential quarters upon investment and
construction shall be put into detailed planning to realize general planning
and serve as foundations for issuance of construction permit.
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1. Requirements for general commune planning:
a) Position, scope and borderlines of communes;
planning goals and period;
b) Preliminary forecasts about size of population,
labor and land;
c) Basic principles of analysis and assessment of
current conditions; check unexpired projects and planning in the administrative
division of communes; determine elements imposing effects on communes’
socio-economic development; requirements for arrangement of overall space for
communes, allocation of functional zones (production, residential), social and
technical infrastructure;
d) Lists, quantity of documentation, products,
progress and implementation;
dd) Total budget estimates for general commune
planning;
2. Requirements for detailed rural residential
planning:
a) Determine scope and borderlines for planning,
size of population;
b) Basic principles of analysis and assessment of
natural conditions, current conditions; criteria about land use and work
construction; requirements for arrangement of landscape architectural space,
technical and environmental infrastructure, ensuring conformity with approved
general commune planning;
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d) Total budget estimates for the formulation of
detailed rural residential planning;
3. Time for
establishing tasks of general commune planning, detailed rural residential
planning is from one month and under.
Article 18. General commune
planning project
1. General commune planning project must ensure to meet
the tasks of approved planning and specific requirements as follows:
a) Analyze and assess natural conditions, current
socio-economic conditions, land use, landscape architecture, social, technical
and environmental infrastructure; current construction and use of works;
b) Determine potentialities, driving force;
forecasts about economic development, size of population, construction land;
criteria about land and technical infrastructure of the entire commune;
c) Planning of overall space of commune
- Determine zoning mechanism (agricultural
production, industrial production, small scale industry, new residential
quarters, renovated villages, central areas) and orient development of areas;
- Orient arrangement of architectural landscape,
determine scale and criteria about use of land for each village, trade village,
industrial and home craft production;
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d) Planned use of land for the construction under
requirements for development in each phase
dd) Planning of technical infrastructure system
serving residents and technical infrastructure head works serving production
including technical preparations, traffic, supply of energy (electricity,
gas…), lighting, passive telecom infrastructure, supply of water, wastewater
drainage, solid waste management and burial-grounds;
e) Strategic environment assessment
- Assess current conditions, determine key
environmental issues in planned area;
- Make forecasts about impacts and environmental
development during the implementation of general commune planning;
- Propose prevention measures and order of priority
for implementation;
g) Planned prioritized investment projects, demands
for capital and human force for implementation;
2. Time for formulation of general commune project
is from 06 months and under.
Article 19. Detailed project
for rural residential planning
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a) Analyze and assess natural conditions, current
conditions of construction land, residents, society, landscape architecture,
technical infrastructure; regulations of general commune planning concerning
rural residential quarters;
b) Determine scale of population, criteria about
use of land, social and technical infrastructure for rural residential
quarters;
c) Planning general site plan of land use:
Determine functions, area, criteria about land use in terms of construction
density, land use coefficient, height of works, setbacks from each parcel of
land;
d) Determine architectural form, fence, color, key
materials of works and other architectural objects; determine the works in need
of conservation and renovation in the area;
dd) Planning technical infrastructure system:
Technical infrastructure system is arranged to the land parcel including:
- Determine elevation of each land parcel;
- Determine traffic network, cross section,
property boundaries and construction boundaries; determine and realize general
planning for position and scale of terminal system, turning position;
- Determine demands and supply source of water;
position and scale of water supply works; water piping network and specific
technical specifications;
- Determine demands and supply sources of energy
(electricity, gas…); position and scale of distribution stations; transmission
line and lighting system;
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- Determine volume of wastewater, solid waste;
drainage network; position and size of wastewater and solid waste treatment
works in rural residential quarters;
e) Strategic environment assessment
- Assess current conditions, determine key
environmental issues in planned area;
- Forecasts, environmental impact assessment of
planning methods;
- Propose prevention measures and order of priority
for implementation;
g) Planned demand for capital and human force for
implementation;
2. Time for formulation of detailed rural
residential planning is from 04 months and under.
Article 20. Regulations on
management of rural construction planning project
1. For general commune planning, management of
rural construction planning project includes:
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b) Control space, architecture of functional zones
and key works: Commune administrative agencies, education, health, sports and
commercial services;
c) Property boundaries of main street routes of
communes, inter-villages, village backbone, controlled elevation;
d) No construction area; scope of protection,
safety corridors for technical infrastructural works; environmental protection
measures;
dd) Conservation and renovation of architectural
works, historical and cultural remains, scenic beauty sites, landscape
topography;
2. For detailed rural residential planning,
regulations on management of the planning project include the following
information:
a) Borderlines, scope of rural residential quarters
c) Position, borderlines, function and size of land
parcels in rural residential quarters; criteria about construction density,
land use coefficient, elevation of each land parcel; height of works, floor
level; architectural form, fence, building materials of the works;
c) Property boundaries, construction boundaries and
specific technical requirements for each road route, scope of protection,
safety corridors of technical infrastructural works;
dd) Regulations on conservation, renovation and
development of architectural works, historical and cultural remains, scenic
beauty sites, landscape topography;
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Section 4. Collecting
suggestions during formulation of construction planning
Article 21. Collecting suggestions
on regional construction planning project
1. The Ministry of Construction shall be
responsible for collecting suggestions on planning projects from the
Ministries, departments, agencies, organizations at central level and People’s
committees of relevant provinces during the formulation of inter-provincial
construction planning project within the competence of the Prime Minister;
2. Organizer of construction planning shall
cooperate with People’s committees at all levels in collecting suggestions from
relevant agencies, organizations during the formulation of construction
planning of provincial zones, inter-district zones, district zones, special
purpose zones within the competence of People’s committees of provinces.
Section 22. Collecting
suggestions from special purpose zone planning
1. Organizer of construction planning shall
cooperate with People’s committees at all levels in collecting suggestions from
agencies, organizations and representatives of relevant residential communities
during the formulation of special purpose zone planning.
2. In case general planning project for special
purpose zones is formulated by the Ministry of Construction within the approval
competence of the Prime Minister, People’s committees of relevant provinces
shall coordinate collection of suggestions from agencies, organizations and
representatives of residential communities in the locality during the
formulation of construction planning.
Article 23. Collecting
suggestions on rural construction planning
Organizer of construction planning shall cooperate
with People’s committees at all levels in collecting suggestions from agencies,
organizations and representatives of relevant residential communities during
the formulation of rural planning project.
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During the formulation of construction planning
project, contributive comments from agencies, organizations and representatives
of residential communities shall by summarized and explained in writing by
advisory organizations in combination with organizers of general
planning.
Contributive comments must be analyzed, fully
explained and serve as foundations for completion of planning methods towards
ensuring suitability, feasibility and harmony among interests of the government
and communities.
Reports on collection of comments shall be part of
the document submitted for approval of construction planning.
Section 5. SEQUENCE AND
PROCEDURES FOR ASSESSMENT AND APPROVAL OF CONSTRUCTION PLANNING
Article 25. Sequence and
procedures for assessment and approval of tasks and construction planning
project
1. Assessment and approval agencies:
a) The Ministry of Construction, People’s
committees of provinces shall be responsible for making submission of the tasks
and construction planning project to the Prime Minister for approval.
b) Organizer of construction planning shall be
responsible for making submission of the tasks and construction planning to
People’s committees at all levels for approval.
2. Collect suggestions from state management
agencies on the construction planning project during the assessment;
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a) People’s
committees of districts shall be responsible for collecting suggestions from
Department of Construction Works Management before approval of construction
planning projects within competence.
3. During assessment of the tasks and construction
planning projects, the assessment agencies shall be responsible for collecting
suggestions from line management agencies at the same level, professional
associations and relevant specialists.
4. Result of assessment of the tasks and
construction planning shall be dispatched to organizers of construction
planning as foundations for completion of the project before submission to
competent authority for approval.
Section 26. Time for
assessment and approval of construction planning project
1. Time for assessment and approval of regional
construction planning project
a) For inter-provincial, provincial construction
planning, time for the assessment of the tasks is from 25 days and under, for
approval from 20 days and under; time for assessment of the project is from 30
days and under, for approval from 25 days and under since receipt of eligible
document as prescribed;
b) For planning of other zones, time for the
assessment of the tasks is from 20 days and under, for approval from 15 days
and under; time for assessment of the project is from 25 days and under, for
approval from 20 days and under since receipt of eligible document as
prescribed;
2. Time for assessment and approval of the tasks
and special purpose zone construction planning project:
a) For general planning of special purpose zones,
time for the assessment of the tasks is from 20 days and under, for approval
from 15 days and under; time for assessment of the project is from 25 days and
under, for approval from 15 days and under since receipt of eligible document
as prescribed;
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3. Time for assessment and approval of the tasks
and rural construction planning project
a) For general commune construction planning,
time for assessment of the tasks is from 15 days and under, for approval from
10 days and under; time for assessment of the project is from 20 days and
under, for approval from 15 days and under since receipt of eligible document
as prescribed;
b) For detailed construction planning of rural
residential quarters, time for assessment of the tasks is from 15 days and
under, for approval from 10 days and under; time for assessment of the project
is from 25 days and under, for approval from 15 days and under since receipt of
eligible document as prescribed;
Section 27. Documentation
submitted for assessment and approval of tasks and construction planning
project
1. Documentation submitted for assessment and
approval of planning tasks consists of a written request for assessment and
approval; explanation of planning tasks including color drawings; draft
decision on approval of the tasks; relevant legal documents; written
explanation of comments from agencies, organizations and residential
communities on planning tasks; legal and qualification records of construction
planning consultant.
2. Documentation submitted for assessment and
approval, and documentation of collection of suggestions on the construction
planning consist of a written request for assessment and approval of the
project; general explanation including color drawings; regulations on
management of approved construction planning project; draft decision on
approval of the project; scale color drawings; relevant legal documents;
written explanation of comments from agencies, organizations and residential
communities on planning project; legal and qualification records of
construction planning consultant; CD disk of the entire project content;
3. Documentation of construction planning project
must be stamped with a seal of the assessment agency (agency that conducts
assessment of construction planning) when the approval decision is issued.
4. The approval decision and a CD disk of the
entire approved documentation must be dispatched to the construction planning
management agency, the Ministry of Construction for filing.
5. The Ministry of Construction shall provide
specific guidance on manners and regulations on documentation of the tasks and
construction planning project.
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MANAGEMENT OF
CONSTRUCTION PLANNING IMPLEMENTATION
Article 28. Responsibilities
for planning construction planning implementation
1. Regional construction planning project, general
construction planning, zoning plan and general construction planning shall be
planned for the implementation after they are approved by competent
authorities.
2. The Ministry of Construction shall take the
initiative in the formulation and approval of the plan for inter-provincial
construction planning implementation within its competence, direct and inspect
the implementation of the planning within the Prime Minister’s authority to
give approval.
3. People’s
committees of provinces shall actively cooperate with the Ministry of
Construction in the formulation and approval of the plan for construction
planning implementation within their management with respect to the projects
within the Prime Minister’s authority to give approval .
4. People’s
committees at all levels shall be responsible for carrying out formulation and
approval of the plan for the implementation of the projects within their
competence.
5. The Ministry of Planning and Investment, the
Ministry of Finance shall be responsible for balancing source of capital for
construction projects of social and technical infrastructure works at regional
level in accordance with the provisions set out in the Law on Investment and
the Law on State Budget.
Article 29. Content of the
plan for construction planning implementation
Based on the approved construction planning,
technical infrastructure planning, content of the plan for construction
planning implementation includes:
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2. Planned demand for capital for the
implementation of annual construction planning;
3. Proposals for policies to determine resources
under the plan and capacity to mobilize resources for the implementation of
annual plans;
4. Proposals for models of management and
supervision of planning implementation;
5. Other relevant matters;
Article 30. Responsibilities
of People’s committees of provinces for implementation of inter-provincial
construction planning
1. To take part in the formulation of the plan for
the implementation of inter-provincial planning after the planning is approved
by the Prime Minister;
2. Organize the implementation of inter-provincial,
provincial construction planning within management;
3. Control the implementation of construction
planning within administrative division under management, ensuring conformity
with approved inter-provincial construction planning;
4. Check and make regular six-month reports to the
Ministry of Construction for the planning tasks within management;
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6. Cooperate with the Ministry of Construction and
relevant Ministries, departments in calling for investment in regional
development;
Chapter IV
PLANNING PERMIT
Article 31. General provisions
1. Planning permit shall be issued to any investor
who is qualified for making investment in project construction.
2. Maximum period of validity of a planning permit
with respect to a construction project is 24 months from the date of issuance
till the detailed planning is approved.
3. Maximum period of validity of a planning permit
with respect to a private construction project is 12 months from the date of
issuance till the construction project is approved.
4. The Ministry of Finance shall detail collection
of fees and charges for the issuance of planning permit.
Section 32. Cases to issue
planning permit for special purpose zones
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2. Concentrated, private construction projects in
the area that is currently under zoning but not eligible for detailed planning;
3. Concentrated, private construction projects in
the area with a detailed planning approved but in need of adjustments to
borderlines or criteria about land use;
Article 33. Sequence of
issuance of planning permit
1. Based on particular demands, the investor shall
document and submit request for issuance of planning permit as prescribed in
Article 35 hereof to competent agencies.
2. Based on demands for management, control and
development of special purpose zones, regulations on management under general planning,
proposals made by the investor, construction planning management agencies at
all levels shall be responsible for looking into the documentation, organizing
collection of suggestions from relevant agencies and making the report to
competent agencies. Time for assessment of the documentation and collection of
suggestions is from 30 days and under since receipt of adequate documentation.
3. Competent agencies shall carry out consideration
and issuance of planning permit within 15 days since receipt of assessment
documentation prepared by construction planning management agencies at all
levels.
4. For construction projects as prescribed in
Clause 3, Article 35 hereof, during the assessment of the documented request
for issuance of planning permit, construction planning management agencies at
all levels must collect suggestions from relevant communities on relevant
issues. Representatives of residential communities shall be responsible for
collecting suggestions from the communities as prescribed by the law on
exercising of grass-root democracy.
Article 34. Documentation of
requests for issuance of planning permit
Documented requests for issuance of planning permit
include:
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2. Chart of land parcel proposed for issuance of
planning permit
3. Planned scope and borderlines of the land
parcel, criteria about use of planned land;
4. Planned investment matters, project size and
total investment;
5. Reports on legal and financial qualifications
for project implementation;
Article 35. Content of
planning permit
1. Content of a planning permit for a concentrated
construction project is instructed in Clauses 1, 2, Article 35 hereof,
including:
a) The investor
a) Scope, borderlines and size of land, population
in the area under planning;
c) Criteria about use of land for housing and
commercial services; social infrastructural works, green trees, traffic;
criteria about use of land for the entire area under planning; requirements for
arrangement of architectural, landscaping and environmental space; requirements
for criteria and technical infrastructural head works as foundations for the
formulation of tasks and detailed construction planning project;
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2. Content of planning permit with respect to a
private construction project is instructed in Clauses 2, 3, Article 35 hereof,
including:
a) The investor
b) Scope, borderlines and area of the land parcel
in the area under planning;
c) Criteria about use of land for high-level
construction, land use coefficient, construction density; requirements for
architectural and environmental space, criteria about technical infrastructure
and other requirements as foundations for the formulation of construction
project;
d) Period of validity of planning permit
3. Application form and specimen planning permit
are represented in the appendices enclosed herewith;
Chapter V
IMPLEMENTATION
Article 36. Transitional
clause
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2. For any provincial construction planning project
with the planning tasks being approved before the effective date of this
Decree, suggestions from the Ministry of Construction must be asked for before
approval of the project is made.
Article 37. Effect
This Decree takes effect since June 30, 2015 and
replaces the Government’s Decree No. 08/2005/NĐ-CP dated January 24, 2005 on
construction planning;
Article 38. Implementation
1. The Ministers, heads of ministerial-level
agencies, heads of governmental agencies, presidents of People’s committees of
central-affiliated cities and provinces within their duties and authorities
shall be responsible for executing this Decree.
2. The Ministry of Construction shall actively
cooperate with relevant Ministries, departments in instructing, overseeing and
inspecting the implementation of this Decree./.
PP THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
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APPENDIX
APPLICATION FORM FOR ISSUANCE OF PLANNING PERMIT
AND SPECIMEN PLANNING PERMIT
(Enclosed with
the Prime Minister’s Decree No. 44/2015/NĐ-CP dated May 06, 2015)
Form 01
Application form
Form 02
Planning permit
Form 03
Application form
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Planning permit
Form 01
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
-----------------
Application form (used
for concentrated work construction project)
Respectfully
addressed to:……………………………………..
1. The investor:………………………………..
- Representative:………………………………………..Title:
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- Street number:………………….. Street name…………………….Ward
......................................
- Province, city:………….
- Phone:…
2. Position, size of the area planned for
investment:………..
- Ward…………………….District....
- Province, city:………….
- Scope planned for investment:………………………………..
- Size, area:……….. (ha).
- Current conditions of land use…..
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- Planned functions:
- Current conditions of land use…..
4. Planned total investment:…
5. We hereby undertake to comply strictly with the
permit and shall take full responsibility to the law for any violation
committed.
....,
dated.....
Applicant
(signature and full name)
Form 02
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(Green – Size A4)
People’s committees
of central-affiliated provinces and cities or People’s committees of
provinces, districts, cities, communes
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
-----------------
No.......
...., dated.....
Planning permit
No…………../GPQH
(Used for
concentrated construction projects)
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- Contact address:……………………….
- Street number:………………….. Ward
...................................... Province, city:………….
2. Information of the planning
permit:………………………………..
- Project name:…
- Construction site:…
- Scope and borderlines:…
- Land area:…........................ha;
- Population size (if any):……………………………………….people
- Structure of land use….. %.
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(Page 2)
- Construction density in the entire area
:………..(%)- Maximum height of works:...........................m
- Land use coefficient:…..
- Requirements for space, architecture and
landscape:………………..
- Requirements for technical and environmental
infrastructure:………………..
3. Period of validity of planning permit:……………………
....,
dated.....
licensing agencies
(signature, full name and stamp)
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Form 03
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
-----------------
Application form
(used for private work construction project)
Respectfully
addressed to:……………………………………..
1. The investor:………………………………..
- Representative:………………………………………..Title:
- Contact address:……………………….
- Street number:…………………..
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Ward ......................................
- Province, city:………….
- Phone:…
2. Location, size of construction
works:..........................
- Ward ......................................
District………..
- Province, city:………….
- Scope and borderlines:…
- Size, area:……….. (ha).
- Current conditions of land use…..
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- Purpose of works:..........................
- Construction density:…% %
- Height of works:...........................m
- Number of stories:…
- Land use coefficient:…..
- Planned total floor area:………..m2
4. Planned total investment:…
5. We hereby undertake to comply strictly with the
permit and shall take full responsibility to the law for any violation committed.
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....,
dated.....
Applicant
(signature and full name)
Form 04
(Page 1)
(Green – Size A4)
People’s committees of central-affiliated provinces
and cities or People’s committees of provinces, districts, cities, communes
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
-----------------
No.:…………………..
...., dated.....
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Planning permit
No…./GPQH (used for private work construction projects)
1. Issued to the investor:………………………………..
- Contact address:……………………….
- Street number:…………………..Ward
......................................Province, city:…….
2. Information of the planning
permit:………………………………..
- Project name:…
- Construction site:…
- Scope and borderlines:…
- Area of land parcel:…..m2
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- Height of works:...........................m
- Land use coefficient:…..
(Page 2)
- Setback of works:...........................m
- Requirements for architecture:………………..
- Requirements for technical and environmental
infrastructure:………………..
3. Period of validity of planning permit:……………………
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