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THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY
DEPARTMENT OF PLANNING AND ARCHITECTURE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 2345/HD-SQHKT
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Ho Chi Minh City, August 10, 2011
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GUIDANCE
ON THE COMPONENTS OF
DOSSIERS WITHIN AUTHORITY OF DEPARTMENT OF PLANNING AND ARCHITECTURE IN
MANAGEMENT OF URBAN PLANNING TO IMPLEMENT THE DECISION No. 28/2011/QD-UBND
DATED MAY 19, 2011; DECISION No. 48/2011/QD-UBND, DECISION NO. 49/2011/QD-UBND
AND DECISION No. 50/2011/QD-UBND DATED JULY 12, 2011 OF THE PEOPLE'S COMMITTEE
OF HO CHI MINH CITY
Pursuant to the Law on
Urban Planning dated June 16, 2009, Decree No. 37/2010/ND-CP dated April 07,
2010 of the Government on the formulation, assessment, approval and management
of the urban planning and implementation of the Decisions of the People's
Committee of Ho Chi Minh City: the Decision No. 28/2011/QD-UBND dated May 19,
2011 promulgating the regulations on the adjustment to the urban planning in Ho
Chi Minh city, Decision No. 48/2011/QD-UBND dated July 12, 2011 on the issuance
of the Planning Permits in Ho Chi Minh City, Decision No. 49/2011/QD-UBND dated
July 12, 2011 promulgating the regulations on the announcement and provision of
the information of the urban planning in Ho Chi Minh City, Decision No.
50/2011/QD-UBND dated July 12, 2011 on the formulation, assessment and approval
for the urban planning in Ho Chi Minh city; the Department of Planning and
Architecture provides instructions on the components of the application
dossiers that are applied at the Department of Planning and Architecture as
follows:
I.
Components of application dossiers for assessment and approval for tasks of urban
planning (formulation and general adjustment):
1.
With regard to the overall planning of towns; Class V urban areas that have not
been recognized as towns; overall planning of industrial zones (whose area is
equal to or more than 500 hectares):
1.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency formulating the urban planning
(using form);
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- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the overall planning is not formulated by the People’s
Committee of such district);
- The originals or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier.
- A written
description;
- A collection of
designs including:
+ The location diagram
of the planning area which is part of the overall planning of the district of
city;
+ The map displaying
the boundaries used for formulating the overall planning on a scale of 1:5.000
or 1:10.000;
- A compact disc
including the written description and designs.
b. Number of dossiers:
prescribed in Clause 1 Section IX of this
Guidance.
1.2. General
adjustment to planning:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The original or
certified true photocopy of the written approval for the policies on the
general adjustment to the overall planning of the People’s Committee of Ho Chi
Minh city;
- A certified true
photocopy of the Decision on the approval for the overall planning of the
People's Committee of Ho Chi Minh city, enclosed with a photocopy of the map of
the approved overall planning
2.
With regard to zoning:
2.1. Formulation of
zoning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency formulating the urban planning
(using form);
- The original or
certified true photocopy of the written opinion of the representative of the
residential community related to the zoning tasks;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the zoning is not formulated by the People’s Committee of such
district);
- The originals or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier.
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- A collection of
designs including:
+ The location diagram
of the planning area which is part of the urban overall planning;
+ The map displaying
the boundaries used for formulating the overall planning on a scale of 1:2.000
or 1:5.000.
- A compact disc
including the written description and designs.
b. Number of
dossiers: prescribed in Clause 1 Section IX of this Instruction.
2.2. General
adjustment to zoning:
The number and
components of a dossier are similar to those of the formulation and:
- The original or
certified true photocopy of the written approval for the policies of the
general adjustment to the zoning of issued by a competent authority;
- A certified true
photocopy of the Decision on the approval for the zoning (or the detailed
planning project on a scale of 1:2000) issued by a competent authority enclosed
with a photocopy of the map of the approved overall planning.
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3.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the owner or agency formulating the urban
planning (using form);
- The original or
certified true photocopy of the written opinion of the local residential
community related to the detailed planning tasks;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the detailed planning is used to facilitate the urban
management).
- With regard to the
detailed planning of any construction investment project, the original or
certified true photocopy of the valid record of the information about the
planning of the competent authorities or Planning Certificate (if any), and one
of these:
+ The original or
certified true photocopy of the written recognition as owner issued by the
People's Committee of Ho Chi Minh city or the written approval for the
investment of a competent authority pursuant to the Decree No. 71/2010/ND-CP
dated June 23, 2010 of the Government (with regard to any housing development
project pursuant to the Decree 71/2010/ND-CP);
+ The original or
certified true photocopy of the written appointment as owner of a competent
authority (with regard to the construction investment project funded by the
State budget).
+ The original or
certified true photocopy of the written approval for the investment policies or
investment location of the People’s Committee of Ho Chi Minh city or the valid
written approval for the investments of the provincial Department of Natural
Resources and Environment (with regard to the investment projects whose
procedures for the land allocation and land lease have been implemented
pursuant to the Decision No. 19/2008/QD-UBND dated March 21, 2008 of the
People’s Committee of Ho Chi Minh city).
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+ The original or
certified true photocopy of the legal documents on the land right, land
allocation and land lease under the regulations of the laws (if the owner has
the legal rights to land use, land allocation and land lease under the
regulations)
- The originals or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier.
- The written
description;
- A collection of
designs including:
+ The location diagram
of the planning area which is part of the zoning or urban overall planning;
+ The map displaying the
area boundaries used for formulating the overall planning on a scale of 1:500
(with regard to any detailed planning of the construction investment project:
the original or certified true photocopy of the current location map on a scale
of 1:500)
- A compact disc
including the written description and designs.
b. Number of
dossiers: prescribed in Clause 1 Section IX of this Instruction.
3.2. General
adjustment to planning:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The original or
certified true photocopy of the written approval for the policies of the
adjustment to the detailed planning of a competent authority;
- A certified true
photocopy of the Decision on the approval for the detailed planning (on a scale
of 1:500) of a competent authority enclosed with the photocopy of the map of
the approved overall planning.
4.
With regard for urban design for specific blocks:
4.1. Creation of
urban design for specific blocks:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency creating the urban design for
specific blocks (hereinafter referred to as specific urban design) (using
form);
- The original or
certified true photocopy of the written opinion of the local residential
community related to the specific urban design tasks;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the specific urban design is not created by the People’s Committee
of such district);
- The originals or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- A collection of
designs including:
+ The location diagram
of the planning area the which is part of the detailed planning or zoning,
detailed planning of construction on a scale of 1:2000 or overall planning of
the district;
+ The map displaying
the are boundaries used for formulating the specific urban design.
- A compact disc
including the written description and designs.
b. Number of
dossiers: prescribed in Clause 1 Section IX of this Instruction.
4.2. Adjustment to
specific urban design:
The number and
components of a dossier are similar to those of the formulation and added:
- The original or
certified true photocopy of the written approval for the policies of the
adjustment to the specific urban design of a competent authority;
- The original or
certified true photocopy of the Decision on the approval for the specific urban
design project enclosed with the photocopies of the designs for the urban
design;
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1.
With regard to adjustment to overall planning of districts:
Such application
dossiers shall be compiled according to the Decree No. 08/2005/ND-CP of the
Government on the construction planning, Circular No. 07/2008/TT-BXD dated
April 07, 2008 of the Ministry of Construction giving instructions on the
formulation, assessment, approval and management of the construction planning.
2.
With regard to the overall planning of towns and Class V urban areas that have
not been recognized as towns; overall planning of functional urban areas whose
tasks have been approved before the effective date of the Decree No.
37/2010/ND-CP of the Government (May 25, 2010):
2.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency that formulates the urban
planning (using form);
- A certified true
photocopy of the Decision on the approval for the overall planning tasks;
- A certified true
photocopy of the Certificate of Business registration of the unit that provides
the consultancy on the formulation of the planning project and certified true
photocopies of the practice certificates of the Urban planning Architects and
Engineers, chief of planning project, specialist in the urban planning (Class I
with regard to the Special Class provinces, Class II with regard to the Class
II provinces and below) taking part in formulating the planning project;
- The original or
certified true photocopy of the written opinion of the representative of the
residential community related to the overall planning plan;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The original or
certified true photocopies of the documents of the Departments and Regulatory
authorities related to the overall planning project (that are requested to give
opinions in the Decision on the approval for the tasks, if any) to clarify some
relevant contents in the dossier;
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- A general written
description (enclosed with the diagrams, the small scale designs on A3 papers,
including the color design for the overall planning)
- A collection of
designs including:
+ The diagram of the
location and the relation between the planning area with surrounding areas on a
scale of 1:10.000 or 1:25000 (or which is part of the overall planning of the
district or city)
+ The maps of the
current conditions of land use landscape;
+ The maps of the
current conditions of the technical infrastructure system and environmental
protection on a scale of 1:5.000 or 1:10.000, including:
* The map of the
current conditions of traffic system;
* The map of the
current conditions of the high of the foundation and surface drainage system;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
current conditions of the water supply system;
* The map of the
current conditions of the sewage disposal and solid waste treatment system;
* The map of the
current conditions of the communications system;
* The map of the
current conditions of the environment;
+ The diagram of the
urban development framework (at least 02 options). This diagram is used to file
the report, not included in the dossier);
+ The diagram of the
orientation to the urban space development on a scale of 1:5.000 or 1:10.000;
|+ The map of the
land-use planning and functional subdivision according to the stages of
planning on a scale of 1:5.000 and 1:10.000;
+ The maps of the
orientation to the development of the technical infrastructure system and
environmental protection on a scale of 1:5.000 or 1:10.000, including:
* The map of the
planning of urban traffic;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the urban
power supply planning;
* The map of the
planning of the urban water supply ;
* The map of the
planning of the sewage disposal and solid waste treatment ;
* The map of the
communications system planning;
* The map of the
strategic environment assessment;
* The general map of
the technical lines and pipelines.
- The draft of the
Management regulation conformable with the overall planning project;
- A compact disc
including the written description, designs and the draft of the Management
regulation conformable with the overall planning project.
b. Number of
dossiers: prescribed in Clause 2 Section
IX of this Guidance.
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The number and
components of the a dossier are similar to those of the formulation of the
planning and added a certified true photocopy of the Decision on the approval
for the overall planning issued by a competent authority, enclosed with the
photocopies of the approved planning maps.
3.
With regard to the overall planning of industrial zones (whose area is equal to
or more than 500 hectares):
3.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency that formulates the planning
(using form);
- A certified true
photocopy of the Decision on the approval for tasks of the general industrial
zone planning;
- A certified true
photocopy of the Certificate of Business registration of the unit that provides
the consultancy on the formulation of the planning project and certified true
photocopies of the practice certificates of the Urban planning Architects and Engineers,
chief of the planning plan, the specialist in the Class I urban planning taking
part in the formulation of the planning plan;
- The original or
certified true photocopy of the written opinion of the representative of the
residential community related to the overall planning plan;
- The original or
certified true photocopy of the written opinion of the management board of the
processing and exporting zones and industrial zones of the city; the People’s
Committee of the district (the overall planning of its industrial zone is
formulated);
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- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- A general written
description (enclosed with the color small scale designs)
- A collection of
designs (in black and white) including:
+ The diagram of the
location and relation between the planning area and surrounding areas on a
scale of 1:25.000 and 1:50.000;
+ The maps of the current
conditions of landscape architecture and evaluation of the construction land on
a scale of 1:5.000 or 1:10.000 ;
+ The maps of the
current conditions of the infrastructure system and environmental protection on
a scale of 1:5.000 or 1:10.000, including:
* The map of the
current conditions of the traffic system;
* The map of the
current conditions of the high of the foundation and surface drainage system;
* The map of the
current conditions of the power supply and lighting system;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
current conditions of the sewage disposal and solid waste treatment system;
* The map of the
current conditions of the communications system;
* The map of the
current conditions of the environment;
+ The diagram of the
urban development framework (at least 02 options to be compared and selected),
on a scale of 1:10.000;
+ The map of the
land-use planning on a scale of 1:5.000 and 1:10.000, the boundaries of each
functional area of which are defined according to the nature and function with
regard to any land that is used to build industrial factories, public service
works, traffic roads, greeneries, major constructions of the technical
infrastructure…;
+ The map of the
orientation to the landscape architecture space;
+ The maps of the
orientation to the development of the technical infrastructure system and
environmental protection in the industrial zones on a scale of 1:5.000 or
1:10.000, including:
* The map of the
traffic planning;
* The map of the
planning of the high of the foundation and surface drainage;
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
planning of water supply;
* The map of the
planning of sewage disposal and solid waste treatment;
* The map of the
planning of the communications system;
* The map of the
strategic environment assessment;
* The general map of
the technical lines and pipelines.
- The draft of the
Management regulation conformable with the overall planning project of the
industrial zones;
- A compact dist
including the written description, designs and the draft of the Management
regulation conformable with the overall planning project of the industrial
zones.
b. Number of
dossiers: prescribed in Clause 2 Section IX of this Guidance.
3.2 General adjustment
to planning:
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4.
With regard to zoning, detailed planning of urban construction in scale of
1:2000 whose tasks had been approved before effective date of Decree No.
37/2010/ND-CP (May 25, 2010)
4.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency that formulates the urban
planning (using form);
- A certified true
photocopy of the Decision on the approval for the tasks of the zoning or
detailed planning of the urban construction on a scale of 1:2000;
- A certified true
photocopy of the Certificate of Business registration of the unit that provides
the consultancy on the formulation of the planning project and certified true
photocopies of the practice certificates of the Urban planning Architects and
Engineers, taking part in the formulation of the planning project;
- The original or
certified true photocopy of the written opinion of the residential community
related to the planning project;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the zoning or detailed planning project on a scale of 1:2.000
is not formulated by the People’s Committee of the district);
- The original or
certified true photocopies of the written opinions of the Departments,
Regulatory authorities and organizations related to the planning project (that
are requested to give opinions in the Decision on the approval for the tasks,
if any) to clarify some relevant contents in the dossier;
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- General written
description (enclosed with the diagrams, the designs on A3 papers, including
the color design for the overall planning)
- A collection of
designs including:
+ The diagram of the
location and area boundaries on a scale of 1:10.000 or 1:25.000;
+ The maps of the
current conditions of landscape architecture and evaluation of the construction
land on a scale of 1:2.000 or 1:5.000;
+ The maps of the
current conditions of the technical infrastructure system and environmental
protection on a scale of 1:2.000 or 1:5.000, including:
* The map of the
current conditions of the traffic system;
* The map of the
current conditions of the high of the foundation and surface drainage;
* The map of the
current conditions of the power supply and lighting system;
* The map of the
current conditions of the water supply system;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
current conditions of the communications system;
* The map of the
current conditions of the environment;
+ The map of the
overall planning on a scale of 1:2.000 or 1:5.000 (the small scale diagram
defining the unit boundaries of the residential area planning project needs
presenting on this design);
+ The map of the
organization of the landscape, architecture and space on a scale of 1:2.000 or
1:5.000;
+ The maps of the
planning of the other technical infrastructure system and environmental
protection on a scale of 1:2.000 or 1:5.000, including:
* The map of the
planning of the urban traffic;
* The map displaying
the redline boundaries and construction boundaries (depending on the project
contents and scale, it can be integrated with the map of the urban traffic
planning;
* The map of the
planning of the high of the foundation and urban surface drainage;
* The map of planning
of the urban power supply and lighting;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
planning of the sewage disposal and solid waste treatment;
* The map of the
planning of the communications system;
* The map of the
strategic environment assessment;
* The general map of
the technical lines and pipelines.
- The draft of the
Management regulation conformable with the zoning or detailed planning of the
urban construction on a scale of 1:2000;
- A compact dist
including the written description, designs and the draft of the Management
regulation conformable with the zoning or overall planning of the urban
construction on a scale of 1:2000.
b. Number of
dossiers: prescribed in Clause 2 Section IX of this Guidance.
4.2 General
sdjustment to planning:
The number and
components of the dossiers are similar to those of the formulation of the
planning and added a certified true photocopy of the Decision on the approval
for the zoning or overall planning project on a scale of 1:2000 issued by a
competent authority, enclosed with the photocopies of the approved planning
maps.
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5.1. Formulation of
planning:
a. Components of an
application dossier:
- A written request
for the assessment and approval of the owner or agency that formulates the
urban planning (using form);
- A certified true
photocopy of the Decision on the approval for tasks of the detailed planning
issue by a competent authority;
- A certified true
photocopy of the Certificate of Business registration of the unit that provides
the consultancy on the formulation of the planning project and certified true
photocopies of the practice certificates of the Urban planning Architects and
Engineers, taking part in the formulation of the planning plan;
- The original or
certified true photocopy of the written opinion of the residential community
related to the overall planning plan;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the detailed planning is used for the urban management);
- The original or
certified true photocopies of the written opinions of the Departments, Regulatory
authorities and organizations related to the detailed planning project (if any)
to clarify some relevant contents in the dossier;
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
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+ The original or
certified true photocopy of the Planning Certificate.
+ The original or
certified true photocopy of the written recognition as the owner issued by the
People’s Committee of Ho Chi Minh city or the written approval for the
investment issued by a competent authority pursuant to the Decree No.
71/2010/ND-CP dated June 23, 2010 of the Government (with regard to any
project on the housing development that is carried out pursuant to the Decree
No. 71/2010/ND-CP)
+ The original or
certified true photocopy of the written appointment as the owner of a competent
authority (with regard to any investment project on the construction that is
funded by the State budget)
+ The original or
certified true photocopy of the valid written approval for the investment
policies or investment location issued by the People’s Committee of Ho Chi Minh
city or the valid written approval for the investment issued by the provincial
Department of Natural Resources and Environment (with regard to any
investment project whose procedures for land allocation and land lease have
been implemented pursuant to the Decision No. 19/2008/QD-UBND dated March 21,
2008 of the People’s Committee of Ho Chi Minh city).
+ The original or
certified true photocopy of the written recognition for the result of the land
auction (with regard to any owner that wins the land auction)
+ The original or
certified true photocopy of the legal document on the rights to land use and
land allocation under the regulations of the laws (with regard to any owner
that has the legal rights to land use, land allocation and land lease under the
regulations);
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- A general written
description (enclosed with the diagrams and small scale designs)
- A collection of designs,
including:
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+ The original or
certified true photocopy of the map of the current conditions of location a
scale of 1:500 (with regard to any detailed planning of the investment projects
on construction);
+ The maps of the
current conditions of landscape architecture and evaluation of the construction
land on a scale of 1:500;
+ The maps of the
current conditions of the infrastructure system on a scale of 1:5.00, including:
* The map of the
current conditions of the traffic system;
* The map of the
current conditions of the high of the foundation and surface drainage;
* The map of the
current conditions of the power supply and lighting system;
* The map of the
current conditions of the water supply system;
* The map of the
current conditions of the sewage disposal and solid waste treatment system;
* The map of the
current conditions of the communications system;
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+ The map of the
overall planning on a scale of 1:500;
+ The map of the
organization of the landscape, architecture, and space;
+ The maps of the
planning of the infrastructure system and environment on a scale of 1:5.00,
including:
* The map of the
planning of the urban traffic;
* The map displaying
the redline boundaries and construction boundaries (depending on the project
contents and scale, it can be integrated with in the map of the urban traffic
planning;
* The map of the
planning of the high of the foundation and urban surface drainage;
* The map of planning
of the urban power supply and lighting;
* The map of the
planning of the urban water supply;
* The map of the
planning of the sewage disposal and solid waste treatment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
strategic environment assessment;
* The general map of
the technical lines and pipelines.
- The draft of the
Management regulation conformable with the detailed planning project;
- A compact disc
including the written description, designs and the draft of the Management
regulation conformable with the overall planning plan.
b. Number of
application: prescribed in Clause 2 Section IX of this Guidance.
5.2 General
adjustment to detailed planning:
The number and
components of a dossier are similar to those of the formulation of the detailed
planning and added a certified true photocopy of the Decision on the approval
for the detailed planning project issued by a competent authority, enclosed
with the photocopies of the approved planning maps.
6.
With regard to the detailed planning of Industrial Complexes and Zones:
6.1. Formulation of
planning:
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- A written request
for the assessment and approval of the agency that formulates the planning
(using form);
- The original or
certified true photocopy of the Certificate of Business registration of the
unit that provides the consultancy on the formulation of the planning project
and certified true photocopies of the practice certificates of the Urban
planning Architects and Engineers taking part in the formulation of the
planning project;
- The original or
certified true photocopy of the written opinion of the residential community
related to the overall planning project;
- The original or
certified true photocopy of the written opinion of the management board of the
processing and exporting zones and industrial zones of the city (with regard to
the industrial zone planning), the provincial Department of Industry and Trade
(with regard to the Industrial complex planning); the People’s Committee of the
district (with regard to any detailed planning project on any local Industrial
complex or zone in such district but not formulated by the People’s Committee
of such district);
- The original or
certified true photocopies of the written opinions of the Departments,
Regulatory authorities and organizations related to the detailed planning
project on the Industrial complex or zone(if any) to clarify some relevant
contents in the dossier;
- The original or
certified true photocopy of the written approval for the investment policies
issued by the People’s Committee of Ho Chi Minh city.
- The original or
certified true photocopy of the valid document on the information about the
planning issued by a competent authority or Planning Certificate (if any) or
Planning Permit (with regard to any planning that needs issuing with a Planning
Permit);
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- A general written
description (enclosed with the color small scale designs)
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+ The diagram of the
location and land boundaries on a scale of 1:10.000 or 1:25.000;
+ The map of the
current conditions of the location on a scale of 1:500 or 1:2.000
+ The maps of the
current conditions of the architecture, landscape and evaluation of the
construction land on a scale of 1:500 or 1:2.000 (any investment project on the
construction of any Industrial complex or zone whose owner has been identified
shall be assessed by the provincial Department of Natural Resources and
Environment);
+ The maps of the
current conditions of the infrastructure system on a scale of 1:500 or 1:2000,
including:
* The map of the
current conditions of the traffic system;
* The map of the
current conditions of the high of the foundation and surface drainage;
* The map of the
current conditions of the power supply and lighting system;
* The map of the
current conditions of the water supply system;
* The map of the
current conditions of the sewage disposal and solid waste treatment system;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
current conditions of the environment;
+ The diagram of the
planning framework (at least 02 options to be compared and selected), on a
scale of 1:5.000;
+ The map of the
land-use planning on a scale of 1:500 or 1:2.000, the boundaries of each area
and land plot of which are defined according to the nature and function with
regard to any land that is used to build industrial factories, public service
works, traffic roads, greeneries, major constructions of the technical
infrastructure; requirements for the management of the land use (number of
stories, building density, land use coefficient…);
+ The maps of the
planning of the technical infrastructure system of the Industrial complex or
zone on a scale of 1:500 or 1:2000 (enclosed with the detailed designs),
including:
* The map of the planning
of the urban traffic;
* The map displaying
the redline boundaries and construction boundaries of the roads (depending on
the project contents and scale, it can be integrated with the map of the urban
traffic planning;
* The map of the
planning of the high of the foundation and surface drainage;
* The map of the
planning of power supply;
* The map of the
planning of water supply;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* The map of the
planning of the communications system;
* The map of the
strategic environment assessment;
* The general map of
the technical lines and pipelines.
- The draft of the
Management regulation conformable with the detailed planning of the Industrial
complex or zone;
- A compact dist
including the written description, designs and the draft of the Management
regulation conformable with the overall planning plan of the industrial zone.
b. Number of
dossiers: prescribed in Clause 2 Section IX of this Guidance.
6.2 General
adjustment to detailed planning of Industrial complexes of Zones:
The number and
components of the an application dossier are similar to those of the
formulation of new planning and added a certified true photocopy of the written
approval for the policies on the adjustment to the detailed planning of the
industrial complex or zone issued by a competent authority, the Decision on the
approval for the planning project on the Industrial complex or zone issued by a
competent authority, enclosed with the photocopies of the approved planning
maps.
7.
With regard to specific urban design:
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a. Components of an
application dossier:
- A written request
for the assessment and approval of the agency that creates the specific urban
design (using form);
- A certified true
photocopy of the Decision on the approval for the tasks of specific urban
design issued by a competent authority;
- The original or
certified true photocopy of the Certificate of Business registration of the
unit that provides the consultancy on the design and certified true photocopies
of the practice certificates of the Urban planning Architects and Engineers
taking part in the creation of the specific urban design;
- The original or
certified true photocopy of the written opinion of the residential community
related to the specific urban design project;
- The original or
certified true photocopy of the written opinion of the People’s Committee of
the district (if the specific urban design project is not formulated by the
People’s Committee of the district);
- The original or
certified true photocopies of the written opinions of the Departments,
Regulatory authorities and organizations related to the specific urban design
project (that are requested to give opinions in the Decision on the approval
for the tasks, if any) to clarify some relevant contents in the dossier;
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- A general written
description;
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+ The diagram of the
location and relation between the design area and surrounding areas;
+ The diagrams that
evaluate the history of the development of the area;
+ The diagrams that
analyze the current conditions of architecture and landscape of the area;
+ The diagrams that
analyze the ideas of the functional subdivision and space organization;
+ The designs that
give instructions on the urban design.
- The draft of the
Management regulation conformable with the project on the specific urban
design;
- A compact disc
including the written description, designs and the draft of the Management
regulation conformable with the project on the specific urban design.
b. Number of
dossiers: prescribed in Clause 2 Section IX of this Guidance.
General adjustment
to specific urban design:
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III.
Components of applications for the approval of designs of total areas- plans
for construction architecture (formulation and adjustment- with regard to
investment projects on construction that are not required to formulate detailed
planning on scale 1:500):
1.
Components of an application dossier:
- A written request of
the owner (or of the authority assessing the investment project) for the approval
for the design for the total area- plan of the construction architecture
(including a brief written description);
- The original or
certified true photocopy of the Certificate of Business registration of the
unit that provides the consultancy on the design and certified true photocopies
of the practice certificates of the Urban planning Architects and Engineers
taking part in the creation of the design for the total area and plan for the
construction architecture;
- The original or
certified true photocopy of the valid document on the information about the
planning issued by a competent authority or Planning Certificate (if any) or
Planning Permit (with regard to any investment project on construction that
needs issuing with a Planning Permit);
- One of these papers:
+ The original or
certified true photocopy of the written recognition as the owner issued by the
People’s Committee of Ho Chi Minh city or the written approval for the
investment issued by a competent authority pursuant to the Decree No. 71/2010/ND-CP
dated June 23, 2010 of the Government (with regard to any project on the
housing development carried out pursuant to the Decree No. 71/2010/ND-CP);
+ The original or
certified true photocopy of the written appointment as the owner of a competent
authority (with regard to any investment project funded by the State budget);
+ The original or
certified true photocopy of the valid written approval for the investment
policies or investment location issued by the People’s Committee of Ho Chi Minh
city or the valid written approval for the investment issued by the provincial
Department of Natural Resources and Environment (with regard to any investment
project whose procedures for land allocation and land lease have been
implemented pursuant to the Decision No. 19/2008/QD-UBND dated March 21, 2008
of the People’s Committee of Ho Chi Minh city);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
+ The original or
certified true photocopy of the written recognition for the result of the land
auction (with regard to the owner that wins the land auction).
- The original or
certified true photocopies of the relevant documents (if any) to clarify some
relevant contents in the dossier;
- + The original or
certified true photocopy of the map of the current conditions of the location
on a scale of 1:500;
- A collection of
designs including:
+ The total area on a
scale of 1:500 displaying the location diagram land boundaries on a scale of
1:2.000 or 1:5.000.
+ The orthographic
projections of the area in the vertical plane and horizontal plane (at least 02
orthographic projections) on scale of 1:200-1:500 (depending on the scale of
the area, they may be included in the design for the total area on a scale of
1:500);
- A compact disc
including the written description, planning designs of the total area- plan for
the construction architecture.
2.
b. Number of dossiers: prescribed in Clause 3 Section IX of this Guidance.
Note:
...
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- If the design for
the total area – plan for the construction architecture need adjusting, the
application must be recompiled under the regulations ( if consultancy unit is
the same, the Certificate of Business registration of the unit that provides
the consultancy on the design and practice certificates of the Urban planning
Architects and Engineers taking part in the creation of the design are not
required).
- In case of any
difficulty or obstacle that arises during the implementation of this kind of
dossier, the provincial Department of Planning and Architecture shall cooperate
with the provincial Department of Construction and relevant provincial
Departments and regulatory authorities in giving instructions on the contents
of the designs related to the plans for the construction architecture.
IV.
Partial adjustment to urban planning and specific urban design:
1.
Components of an application dossier:
- A written request
for the partial adjustment to the urban planning of the agency that formulates
the urban planning (including the reasons, contents and plan for the partial
adjustment to the urban planning);
- The original or
certified copy of the written opinion of the authority in charge of reviewing
the urban planning under the regulations after the review and evaluation of the
execution of the urban planning (with regard to any detailed planning of an
investment project on construction, a certifies true photocopy of the written
opinion of the People's Committee of such district about the partial adjustment
to the detailed planning after the owner gives reasons and makes adjustments is
required);
- A certified true
photocopy of the Decision on the approval for the urban planning project that
needs partial adjustment;
- The original or
certified true photocopy of the written opinion of the residential community
living in the area whose urban planning needs partial adjustment and
surrounding areas that are directly affected;
- Certified true
photocopies of the relevant documents (if any);
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+ With regard to
the partial adjustment to an area, one or more than one section:
* Photocopies of the
planning maps of the approved urban planning project;
* The maps of the
location, section boundaries and area that needs partial adjustment (which is
part of the map of the approved overall planning);
* The map of the
approved overall planning conformable with the adjusted plan (displaying only
the area that needs partial adjustment and surrounding areas to evaluate the
harmony of the space organization, architectural landscape and the connection
between the technical infrastructure and social infrastructure in such area);
* The maps of the
traffic planning, redline boundaries, construction boundaries and other
infrastructure system planning including the designs similar to those for the
formulation of the new planning conformable with the adjusted plan within the
area that needs partial adjustment (if such adjustment leads to the adjustment
to traffic planning and infrastructure system planning).
(The location maps
and planning map of the area that needs adjusting can be displayed in one
design according to the scale of the area that needs partial adjustment).
A compact disc
including the written request, designs, plan for the partial adjustment to the
urban planning
+ With regard to
the partial adjustment to a plot of land, a block (other than the those for
which Planning permits are required)
* A photocopy of the
map of the land-use planning of the approved urban planning project;
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* The original or
certified true photocopy of the current topographic map (integrating with the
cadastral map) specifying the location and boundaries of the plot of land or
block that needs partial adjustment on scale of 1:200- 1:500.
A compact disc
including the written request, designs for the location and current conditions of
the plot of land or block that needs partial adjustment.
2.
Number of dossiers:
- With regard to
the partial adjustment to an area, one or more than one section: prescribed
in Clause 4 Section IX of this Guidance.
- With regard to
the partial adjustment to a plot of land or block (which is not issued with the Planning Permit): 02 dossiers
(including 17 maps of the current conditions, location of the plot of land or
block)
Note:
- The written
request must include the report, written description of the partial adjustment
to the urban planning (in accordance with the regulations in Chapter II
Decision No. 28/2011/QD-UBND of the People's Committee of Ho Chi Minh city,
especially specifying the provision of technical infrastructure and social
infrastructure at the plot of land or block that needs partial adjustment).
- The title blocks
on the designs are similar to those on the designs for the formulation of the
urban planning project (relevant agencies shall sign and stamp in such title
blocks).
- The dossier of
the partial adjustment to a plot of land in the planning area is compiled under
the regulations of the People’s Committee of Ho Chi Minh city on the issuance
of the Planning Permit (mentioned in Section VI of this Guidance).
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1.
Agreement on total area of investment projects on major infrastructure
constructions: power stations, sewage treatment stations, water supply
stations, waste transfer stations, waste treatment plants…
- The number and
components of dossiers are similar to those of the dossiers for the assessment
and approval for the tasks and detailed planning projects (with regard to the
investment projects on construction whose area is equal to or more than 5
hectares) or those of the dossiers for the approval of the total area- plan for
the construction architecture (with regard to the investment projects whose
area is less than 5 hectares) which are prescribed in Clause 3 Section I,
Clause 5 Section II and Section III of this Guidance. With regard to the
agreement dossiers of the total area of the major infrastructure constructions,
the orthographic projections of the area in the vertical plane and horizontal
plane are not required.
2.
Agreement on directions with regard to construction routes such as traffic
routes, water supply pipelines, drainage routes, embankment pipelines,
electricity routes, communication routes, gas pipelines …
a. Components of a
dossier:
- A written request of
the owner (or of the authority assessing the investment project);
- A general written
description;
- A collection of
designs including:
+ The map displaying
the route directions on the map of the current conditions on a scale of 1:2000-
1:10.000;
+ The map displaying
the route directions on the map of land-use planning on a scale of 1:2000-
1:10.000;
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b. Number of
dossiers: prescribed in Clause 3 Section IX of this Guidance.
3.
Agreement on plans for routes with regard to construction routes such as
traffic routes, water supply pipelines, drainage routes, embankment pipelines,
electricity routes, communication routes, gas pipelines …
a. Components of a
dossier:
- A written request of
the owner (or of the authority assessing the investment project);
- A certified true
photocopy of the written agreement on the directions of the routes;
- A collection of
designs including:
+ Photocopies of the
maps of the directions of the routes that have been agreed;
+ The map displaying
the plans for the route directions drawn on the map of the current conditions
on a scale of 1:500;
+ The map displaying
the route directions drawn on the map of land-use planning on a scale of 1:500
(if any);
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Note: In case of adjustments, the written agreement and agreed
designs are required.
b. Number of
dossiers: prescribed in Clause 3 Section IX of this Guidance.
VI.
Components of application dossiers for issuance of Planning permits:
A dossier includes:
- A written request
for the issuance of the Planning permit, including the targets for the use of
urban planning land, investment contents, project scale and total investment
(using form);
- The diagram of the
location, scope, boundaries defined by the current location map of the plot of
land on a scale of 1:500- 1:200 (if the area of such plot of land is more than
5 hectares, the scale of 1:2000-1:1000 can be applied) drawn by a legal entity.
- A report on the
legal entity and financial capacity of the owner of the project. + The original
or certified true photocopy of the written appointment as the owner of a
competent authority (This document is sufficient in case of the investment
project funded by the State budget);
Note: If the investment projects on the construction have had the
valid documents providing the information about the planning (or written
approval for the targets for the planning architecture) issued by the competent
authorities, it is not required to follow the procedures for the issuance of
the Planning permits.
VII.
Components of application dossiers for issuance of Planning certificates:
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- A written request
for the issuance of the Planning certificate (using form);
- The location diagram
of the area or plot of land by the current location map on a scale of 1:1000-
1:2000 (if its area is more than 5 hectares), scale of 1:5000 (if its area is
equal to or less than 5 hectares) drawn by a legal entity.
VIII.
The components of dossiers transferred to provincial Department of Planning and
Architecture by the People's Committee of districts, management boards of the
functional urban areas, provincial Departments and regulatory authorities to
give written consensus.
1.
With regard to application dossiers of urban planning (tasks and projects),
specific urban design:
A dossier includes:
- A written request of
the People's Committee of the district or management board of the functional
urban areas;
- The prescribed
application dossier of the assessment and approval for the tasks and detailed
planning project.
2.
With regard to application dossiers of approval for total area designs- plans
for construction architecture:
A dossier includes:
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- The prescribed
application dossier of the approval for the total area design- plan for
construction architecture.
3.
With regard to application dossiers for issuance of Planning permits:
A dossier includes:
- A written request of
the People's Committee of the district, management board of the functional
urban areas;
- The prescribed
application dossier of the issuance of the Planning permit.
(The People's
Committees of districts, management boards of the functional urban areas must
review the application dossiers and state the contents that need the consensus
of the provincial Department of Planning and Architecture in the written
requests (not the all of the contents of the planning or plans for total area
design, construction architecture). After the provincial Department of Planning
and Architecture gives the consensus, the application dossiers shall be
assessed, decided or approved.
4.
With regard to application dossiers related to urban technical infrastructure
projects:
A dossier includes:
- A written request of
the provincial Department or regulatory authority;
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IX.
Number of application dossiers of urban planning; specific urban design, total
area designs- plans for construction architecture (formulation and adjustment):
In order to save time
and money for the printing of collections of designs of the agencies that
formulate the urban planning, specific urban design, total area designs- plans
for construction architecture (due to adjustments to the application dossiers
during the assessment); the number of the application dossiers and process of
the receipt of the dossiers shall be implemented as follows:
1.
Dossiers of tasks and urban planning plan, specific urban design (formulation
and general adjustment):
- First submission: 02
dossiers.
- After the dossiers
are adjusted according to the guiding documents of the provincial Department of
Planning and Architecture (if any): 02 written descriptions and 02 collections
of designs (enclosed with 02 documents on the completion of the dossiers of the
agency formulating the urban planning and specific urban design).
- After the provincial
Department of Planning and Architecture signs the Written request for the
approval of the People’s Committee of Ho Chi Minh city: 15 written
descriptions, 15 collections of designs (in case no adjustment is requested: 17
written descriptions and 17 collections of designs) and 01 compact disc
including the adjusted designs.
2.
Dossiers of projects on urban planning, specific urban design (formulation and
overall adjustment):
- First submission: 02
dossiers. (Including 07 written descriptions and 04 collections of designs)
- After the dossiers
are adjusted according to the guiding documents of the provincial Department of
Planning and Architecture (if any): 02 descriptions and 02 collections of
designs for the planning plan (enclosed with 02 documents on the completion of
the dossiers of the agency formulating the urban planning and specific urban
design).
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3.
Dossiers for the approval for designs of total areas- plans for construction
architecture, agreement dossiers for route directions and routes plans of
construction routes (formulation and general adjustment):
- First submission: 02
dossiers.
- After the dossiers
are adjusted according to the guiding documents of the provincial Department of
Planning and Architecture (if any): 04 collections of designs for the total
area plan and 01 compact disc including the adjusted designs (enclosed with 01
document on the completion of the dossiers in case of the request for the
adjustment of the provincial Department of Planning and Architecture).
4.
Dossiers of partial adjustment to urban planning and specific urban design
(partial adjustment to a block; one or more than one sections):
- First submission: 02
dossiers.
- After the dossiers
are adjusted according to the guiding documents of the provincial Department of
Planning and Architecture (if any): 02 collections of designs for the adjusted
planning plan (enclosed with 02 documents on the completion of the dossiers of
the agency formulating the urban planning and specific urban design).
- After the provincial
Department of Planning and Architecture signs the Written request for the
approval of the People’s Committee of Ho Chi Minh city: 15 written collections
of designs for the adjusted planning plan (in case no adjustment is requested:
17 collections of designs for the adjusted planning plan and 01 compact disc
including the adjusted designs.
X.
Other instructions:
- With regard to the
transition:
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- The topography and
cadastral maps that facilitate the management of the abovementioned urban
planning must be provided by the authorities in charge of maps or drawn by the
regulatory authorities in charge of survey and measurement. Those maps must
satisfy the requirements for the quality in accordance with the regulations on
the measurement of maps.
- With regard to the
zoning, detailed planning project on a scale of 1:2.000, the topography maps
can be integrated with the cadastral maps to display: the current conditions of
landscape architecture and evaluation of construction area; current conditions
of the infrastructure system; overall planning, redline boundaries,
construction boundaries, other infrastructure planning and environment.
- With regard to the
detailed planning project, the topography maps can be integrated with the
cadastral maps to display: the current conditions of landscape architecture and
evaluation of construction area; current conditions of the infrastructure
system; overall planning, redline boundaries, safety corridors of the infrastructure
constructions; infrastructure system planning and environment.
- The written
descriptions and designs of the tasks and urban planning projects must be
suitable to each type of planning and comply with the regulations of the Decree
No. 37/2010/ND-CP dated April 07, 2010 of the Government, Circular No.
10/2010/TT-BXD dated August 11, 2010 and Circular No. 19/2008/TT-BXD dated
November 20, 2008 (with regard to the planning of industrial complexes and
zones) of the Ministry of Construction.
- The architectural
symbol packet used for creating the designs for the urban planning must comply
with the Decision No. 21/2005/QD-BXD dated July 22, 2005 of the Minister of
Construction.
- The written
descriptions, designs, Management regulations conformable with the urban
planning projects- specific urban design projects of the dossiers of tasks,
urban planning projects, specific urban design projects must be signed and
stamped by the authorities formulating the planning (or the owners in case of
detailed planning on the investment projects on the construction), agreement
authorities and assessment authorities. If any urban planning, urban designs
facilitating the urban administration that are not created by the People’s
Committee of the districts, the management boards of the functional urban areas
but located within the management boundaries of any unit, such unit shall sign
and stamp on the description, designs for tasks, urban planning project and
Management regulation conformable with the urban planning project- specific
urban design project to show the agreement (the specific planning, design for
the total area- plan for the construction architecture, construction investment
projects are not required to be signed and stamped by the agreement
authorities).
The provincial
Department of Planning and Architecture shall provide the local forms for the
title blocks on the designs, covers of the written descriptions, Management
regulations conformable with urban planning projects (of any type) – specific
urban design projects.
- The Drafts of the
Management regulations conformable with urban planning projects must be
produced in accordance with the regulations in Article 35 of the Law on urban
planning and the appendix enclosed with the Circular No. 10/2010/TT-BXD dated
August 11, 2010 of the Ministry of Construction.
- Due to some
technical defects in the printing of some forms, the Provincial Department of
Planning and Architecture has rectified the content: "number of
stories" in the forms for "Planning Certificate” and “Planning
Permit”: attached to the Decision No. 48/2011/QD-UBND and Decision No.
49/2011/QD-UBND dated July 12, 2011 of the People’s Committee of the Ho Chi
Minh city as follow: the line: “excluding the mezzanines and stair roof
floor–if any” is deleted (only write “….floors (including the floors in
accordance with QCVN 03: 2009/BXD”) to be conformable with the TCVN
03:2009/BXD.
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- The People's
Committee of districts, the management boards of the functional urban areas
shall cooperate with the provincial Department of Planning and Architecture in
implementing and providing guiding documents on the components of the dossiers
within their authority according to this Guidance.
- Any difficulty or
obstacle that arises during the implementation of this Guidance should be
reported to the Department of Planning and Architecture for consideration. In
case the Ministry of Construction issues new guiding documents related to the
contents of this Guidance, the Department of Planning and Architecture shall
propose suitable amendments.
This Guidance shall be
implemented as of the signing date and replace the Announcement No.
2840/TB-SQHKT dated October 12, 2010 of the Department of Planning and
Architecture of the instructions on the components of the applications for the
assessment and approval for the tasks, urban planning project and urban design
in the Ho Chi Minh city and the other guiding documents on the components of
the applications issued by the Department of Planning and Architecture./.
PP DIRECTOR
DEPUTY DIRECTOR
Nguyen Thanh Toan