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MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 13/VBHN-BXD
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Hanoi, September 27, 2023
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DECREE
ELABORATION OF CONSTRUCTION PLANNING
Government’s Decree No.
44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which
comes into force from June 30, 2015 is amended by:
Government’s Decree No.
72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree
No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and
management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on
elaboration of construction planning, which comes into force from August 30,
2019;
Government’s Decree No.
35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in
the field of state management of the Ministry of Construction, which comes into
force from June 20, 2023.
Pursuant to the Law on
Government Organization dated December 25, 2001;
Pursuant to the Law on
Construction dated June 18, 2014;
At request of the
Minister of Construction [1],
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Chapter I
GENERAL PROVISIONS
Article 1. Scope and
regulated entities
1 [2]. This Decree
elaborates some contents of the 2014 Law on Construction, including
formulation, assessment and approval for construction planning; and management
of implementation of construction planning;
2. This Decree applies to
domestic and foreign organizations and individuals involved in construction
planning within the territory of Vietnam.
Article 2. Review of
construction planning
1. The construction
planning shall be reviewed in order to control and evaluate the implementation
of approved planning; and serve as the basis for adjustment to the planning.
2. A report on review of
construction planning contains:
a) Review of formulation
and development of relevant plannings and construction projects under the
approved construction planning and the planning implementation plan.
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c) Analysis of new
elements during the implementation of construction planning and socio-economic
development in the planned area;
d) Recommendations and
proposals.
dd) Reports on review of
construction planning include written reports, colored drawings on an
appropriate scale and other relevant documents.
Article 3. Map serving
formulation of construction planning project
1. A map serving
formulation of construction planning project is a topographic map at the time
the construction planning is formulated.
a) If the topographic map
is not available, survey and measurement shall be conducted to formulate the
map in compliance with requirements of each specific construction planning
project.
b) If the topographic map
is available but it is not conformable with current conditions at the time the
construction planning is formulated, or only the cadastral map is available,
additional survey and measurement shall be conducted, thereby fulfilling
requirements for formulation of construction planning project and marker
planting according to construction planning.
2. The topographic map is
formulated by an agency with juridical person on the basis of scope of the area
under direct study for planning, and in reliance on planning tasks and survey
budget estimates approved by the competent agency.
Article 4. Funding
from state budget for construction planning
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a) Inter-district/district
construction planning [3].
b) General construction
planning and functional zoning planning [4] (if any)
c) Detailed planning for
functional zone [5] that does not fall within construction projects in
the form of business.
d) General commune
planning and detailed rural settlement planning that do not fall within
construction projects in the form of business;
2. Funding from state
budget for construction planning shall be used for the following tasks:
a) Produce dossiers and
carry out topographic survey in order to serve formulation of construction
planning, technical infrastructure planning;
- Establish, assess and
approve tasks and cost estimates for the formulation of topographic map serving
the formulation of construction planning;
- Conduct collection of
figures, survey, measurement and formulation of topographic map;
b) Formulate, assess and
approve construction planning and technical infrastructure planning;
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- Collect opinions from
state management agencies about construction planning project;
- Collect opinions from
residential community during the formulation of planning;
- Manage planning tasks.
c) Organize the
implementation of construction planning and technical infrastructure planning;
- Make public
announcement about the planning and make plan for implementation of
construction planning;
- Plant markers under the
approved construction planning.
The Ministry of
Construction shall provide specific guidance on planting markers under the
construction planning.
Article 5. Management
of funding from state budget for construction planning
1. The head of an agency
shall be responsible for managing funding from state budget for construction
planning; and controlling advance payment, payment and final settlement by
quantity under an economic contract. Relevant agencies shall be responsible for
cooperation in inspection and supervision.
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a) The Ministry of
Construction shall make a list of construction planning projects and annual
plans for funding from state budget for construction plannings initiated by the
Ministry of Construction and other construction plannings assigned by the Prime
Minister.
b) People’s committees at
all levels shall make list of construction planning projects and annual plans
for funding from state budget for construction plannings within administrative
management, except for construction plannings as prescribed in Points a, b,
Clause 2 of this Article.
3. The Ministry of
Construction shall make public announcement of norm, unit price or cost
determination method for construction planning.
4. The Ministry of
Finance shall provide guidance on advance payment, payment and final settlement
of capital for construction planning.
Chapter II
REGULATIONS ON FORMULATION, ASSESSMENT AND
APPROVAL FOR CONSTRUCTION PLANNING
Section 1.
INTER-DISTRICT/DISTRICT CONSTRUCTION PLANNING [6]
Article 6. Principles
of formulation of inter-district/district construction planning [7]
1. [8]. (annulled)
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3. Inter-district areas
in a province and districts shall be put into inter-district/district construction
planning under the decision by the Provincial People’s Committee on the basis
of the Department of Construction’s proposals (Hanoi City or Ho Chi Minh City
Department of Planning and Architecture), thereby meeting requirements for
management and serving as the basis for functional zone planning, general
planning for communes and district-affiliated urban.
4 [10]. (annulled)
Article 7. Tasks of
inter-district/district construction planning [11]
1. Requirements for tasks
of inter-district/district construction planning [12]:
a) [13] Grounds
for determination of regional boundaries; planning targets and duration.
b) Overall description of
areas under construction planning and development forecasts made by relevant
industries;
c) Preliminary forecasts
about size of population, land, urbanization, potential and driving force in
ten-year and 20-year periods; proposals for economic-technical criteria to be
applied;
d) [14] Requirements
for collection of figures, analysis and assessment of natural conditions and
current conditions; requirements for orientation to inter-district and district
social and technical infrastructure and spatial development; requirements for
strategic environmental assessment, inter-district and district construction
planning management; and requirements for proposal of programs and projects of
priority.”
dd) List, quantity of
dossiers, products, progress and implementation;
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g) Total cost estimates
for formulation of inter-district/district construction planning [15].
2 [16]. Inter-district/district
construction planning tasks shall be formulated within 02 months.
Article 8.
Inter-district/district construction
planning project [17]
1.
Inter-district/district construction planning project [18] shall fulfil
planning tasks that have been approved and specific requirements as follows:
a) Analyzing and
assessing natural and socio-economic conditions, urban system and rural
settlements, land use, social, technical and environmental infrastructure and
other elements of district characteristics;
b) Conducting assessment
and review of the implementation of unexpired plannings;
c) Determining
development objectives, speed of urbanization, nature, potential and driving
force of regional development;
d) Making forecasts about
development of economy, population, labor, demands for land, rate of
urbanization in ten-year, 20-year periods; determining technical criteria on
the basis of development objectives;
dd) [19] Orientating
inter-district and district spatial development:
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- Carrying out zoning for
the purpose of development control and management;
- Allocating and
determining scale of development spaces: industry, agriculture, forestry,
tourism, commerce and services, and conservation; determining size and purpose
of each functional zone;
- Determining urban and
rural system structure and development models in conformity with socio-economic
and cultural characteristics; decentralizing and classifying cities by
territorial space and administrative management; determining size of population
and land for urban construction;
- Allocating and
determining scale of social infrastructure, including educational, training,
cultural, medical and sports centers of large scale and regional significance;
commercial and service centers at district level; tourism and recreational
areas and valuable cultural and historical relics;
- Allocating and
determining scale of conservation areas and protected landscape areas in the
district.
e) [20] Orientating
inter-district and district technical infrastructure:
Determining network,
position and scale of focal points of inter-district and district technical
infrastructure, including technical preparation, traffic, power system, energy
supply, water supply, drainage and wastewater treatment, solid waste
management, cemeteries and passive telecommunications infrastructure.”
g) Carrying out strategic
environment assessment:
- Environmental issues
with major impacts;
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- Forecasts about
environmental trends that result from formulation and implementation of
planning;
- Measures for preventing
and minimizing environmental issues;
2 [21]. An
inter-district/district planning project shall be formulated within 12 months.
Article 9. Regulations
on management of inter-district/district construction
planning project [22]
Regulations on management
of inter-district/district construction planning project [23] contain:
1. Scope, boundaries,
size of population, land
2. Regulations on
development districts and economic development spaces;
3. Regulations on
management of urban and rural system
4. Regulations on
locations, roles, functions and scale of social and technical infrastructure
works of inter-district/district nature;
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6. Regulations on
preservation of natural heritage, valuable architectural works, scenic areas,
historical and cultural relics in the district;
7. Assignment and
responsibilities for planning management among local authorities in the
district under inter-district/district construction planning project; [24].
8. Other regulations
according to typical functions of the district;
Section 2. FUNCTIONAL
ZONE PLANNING [25]
Article 10. Principles
of formulation of functional zone planning [26]
1. Functional zones [27]
inside and outside urban area shall be put into planning as prescribed hereof.
2. [28] Functional
zones (over 500 ha each) shall be put into general construction planning in
conformity with provincial planning, inter-district/district construction
planning and urban planning. The approved general planning for
construction of a functional zone serves as the basis for formulation of the
zoning planning and detailed construction planning.
Functional zones (over
500 ha each) shall be put into the construction zoning planning, which serves
as the basis for formulation of the detailed construction planning and
construction project classification, if such classification is included in the
approved general urban planning.”.
3. Areas inside
functional zones [29] or functional zones (less than 500 ha each) shall
be put into construction zoning planning in order to serve as the basis for
identification of construction projects and formulation of detailed
construction planning according to requirements for management and development.
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5. [33] Small-scale
land plots shall meet the following requirements:
a) The land plot is set
up by a small investor or a competent authority;
b) It is required to have
a land use scale of less than 2 ha, for investment projects on construction of
apartment buildings or apartment complexes, or a land use scale of less than 10
ha, for investment projects on construction of factories, enterprises,
industrial production establishments or technical infrastructure works (except
for linear technical infrastructure works) determined according to general
construction planning or provincial planning or technical and specialized
planning that has been already approved, or a land use scale of less than 5 ha
for the remaining projects;
c) The land plot is
located in an area that there is an approved construction zoning planning.
5a. [34]
Formulation, appraisal and approval for general ground planning, except for the
case specified in Clause 5b of this Article:
a) Land use planning
criteria and requirements for spatial organization, architecture and landscape
of the area shall be determined in the approved construction zoning planning
project and specialized requirements in provincial planning, technical and
specialized planning with regard to investment projects on construction of
factories, enterprises, industrial production establishments, technical
infrastructure works (if any) may be used to replace tasks of general ground
planning and serve as the basis for formulation of general ground planning;
b) The general ground
planning includes general ground drawings; the work architecture plan shall
show the location, scale of the work and work items in the land plot; the
construction ground level, the construction boundary (the construction boundary
of floating and underground parts of the work), the color of the work and the
planned land use norms shall be determined according to applicable regulations
and standards; the connection of technical infrastructure shall be ensured and
the architectural space shall be consistent with that of the surrounding area;
c) Procedures for
appraisal and approval for the general ground planning shall be the same as
those for the detailed planning project on construction of functional zones;
d) The competent
authority that approves the detailed planning project on construction of
special purpose zones shall be responsible for approval for the general ground
planning.
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5c. [36] The
adjustment in the general ground planning shall fulfil adjustment conditions of
the detailed planning project on construction of functional zones
Procedures for adjustment in the general ground planning shall comply
with regulations of Clauses 5a and 5b of this Article.
5d. [37] After
being approved and adjusted, the general ground planning shall be published
according to regulations on publication of detailed planning projects on
construction of functional zones.
5dd. [38] Regarding
industrial parks, the formulation of construction planning shall comply with
regulations of this Decree and the law on management of industrial parks and
economic zones.
6. [39] In case a
boundary or some land use targets need(s) to be revised to execute a
centralized or separate construction project within the area already mentioned
in the approved detailed construction planning, the authority with competence
in approving the detailed planning shall decide to partially revise the
planning according to contents of the approved planning, national technical
regulations on construction planning, conditions of technical and social
infrastructure of the area and architecture management regulation. The
planning shall be partially revised in accordance with regulations of laws.
Article 11. Tasks of
functional zone planning [40]
1. Requirements for tasks
of functional zone planning [41]:
a) Arguments, scope and
boundaries for general planning for functional zones [42]; planning
foundations; objectives and tasks of planning;
b) Determination of
characteristics and roles of functional zones [43] in the region; vision
formulation. Preliminary forecasts about size of population and economic-technical
criteria according to regional development objectives; identification of basic
criteria for land and technical infrastructure.
c) Basic principles of
analysis and assessment of natural and current conditions; research and
exploitation of potential and driving force; orientation to space arrangement,
social and technical infrastructure; strategic environment assessment and other
requirements for peculiar development objectives in the area
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dd) Total budget
estimates for planning for functional zones [44].
2. Requirements for tasks
of functional zoning planning [45]:
a) Arguments,
determination of scope, boundaries, area and characteristics of areas to be put
into zoning planning;
b) Determination of basic
criteria for population, land use, social and technical infrastructure on the
basis of the approved general planning and inter-district/district construction
planning [46];
c) Requirements and basic
principles of analysis and assessment of natural and current conditions;
requirements for functional zone zoning, space organization and technical
infrastructure in conformity with the approved general planning,
inter-district/district construction planning [47] and surrounding area;
d) Requirements for
strategic environment assessment and other requirements in conformity with
peculiar development objectives in the area;
dd) List, quantity of
dossiers, products, progress and implementation;
e) Total budget estimates
for the formulation of functional zone zoning planning [48].
3. Requirements for tasks
of detailed construction planning:
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b) Basic principles of
analysis and assessment of natural and current conditions; requirements for
landscape architecture and technical infrastructure in conformity with the
approved zoning planning and general planning; requirements for strategic
environment assessment;
c) List, quantity of
dossiers, products, progress and implementation;
d) Total budget estimates
for detailed planning for functional zones [49].
4. The duration for tasks
of general functional zone planning [50] shall not exceed 02 months. The
duration for tasks of functional zone zoning planning [51] or detailed
planning shall not exceed 01 month.
Article 12. General
functional zone planning project [52]
1. Depending on each
functional zone, contents of functional zone planning project [53] must satisfy
approved planning tasks and other specific requirements as follows:
a) Analysis and
assessment of natural conditions, current socio-economic conditions,
population, labor, culture, land use, social and technical infrastructure,
environment and elements of regional characteristics;
b) [54] Assessment of
implementation of unexpired planning and completed projects; determination and
clarification of orientation in relevant general urban planning, provincial
planning and regional planning.
c) Identification of
objectives and driving force of functional zone [55]; forecasts about
population, labor, construction land, criteria of social and technical
infrastructure in each stage.
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dd) Space development
orientation:
- Determination of
development model and development of functional zones [57]; orientation and principles
of development with respect to functional zones;
- Organization of central
system in conformity with development of residential areas and functional
zones; determination of architecture and landscape areas, main space, square
system, border gate areas, prominent works of each functional zone[58];
- Suggestions and
illustrations of main space of each functional zones [59], solutions to
arrangement of space of each key area and regulations on control of
architecture and landscape;
e) Technical infrastructure
orientation:
- Arrangement of major
drainage basin; drainage direction; position and scale of drainage works;
determination of elevation for the entire area and each functional zone;
- Determination of
external/internal traffic network; position and scale of traffic head works;
organization of public traffic system and terminal system; property boundaries
of main axles, technical tunnel system (if any);
- Determination of
demands and supply sources of water, energy (electricity, gas); forecasts about
total volume of wastewater, solid waste; determination of position and scale of
head works and main distribution networks of water, energy and lighting supply
systems, passive telecom infrastructure, drainage and wastewater treatment works;
- Determination of
position and scale of solid treatment facilities, burial-grounds, and other
technical infrastructure works;
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- Identification of key
environmental issues and inadequacies inside and outside the planned area;
- Current conditions of
pollution sources directly affecting the environment;
- Forecasts about
environmental development during the formulation and implementation of general
functional zone planning [60];
- Suggestions on
prevention measures and order of priority for implementation; recommendations
on separation areas and environmental protection areas;
h) Proposal of items with
investment priority, demands for capital and human resource for implementation;
2. The duration for
formulation of general functional zone planning project of [61] shall not
exceed 12 months.
Article 13. Functional
zone zoning planning project [62]
1. Functional zone zoning
planning project [63] shall clarify nature, functions and requirements of the
area under planning, and fulfil tasks of the approved planning and other
requirements as follows:
a) Analysis and
assessment of natural conditions, current conditions of construction land,
population, landscape architecture, technical infrastructure; analysis of
regulations of general planning in relation to the areas under planning;
assessment of projects and plannings that have been developed in the areas;
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c) General ground
planning for land use: Determination of zones in the area under planning;
determination criteria for land use in terms of construction density, land use
coefficient, height of each work in each land plot; structure clearance of
roads; locations and scale of underground works (if any);
d) Landscape
architectural space organization: Identification of principles and requirements
for organization of landscape architectural space for each zone, each main
road, open space and prominent point;
dd) Technical
infrastructure orientation: Technical infrastructure is arranged to road
network. To be specific:
- Determination of
elevation of each city block;
- Determination of
traffic network, cross section, red boundary line and construction boundary line; determination and concretization
of general planning for locations and scale of parkings (above, on the ground
and underground); public traffic routes; technical tunnels (if any);
- Identification of
demands and supply sources of water; locations and scale of factory works,
water pump stations; water supply pipe network and specific technical
specifications;
- Identification of
demands and supply sources of energy (electricity, gas, ect.); locations and
scale of power distribution stations, gas stations; medium-voltage line network
and lighting system;
- Identification of
demands and passive telecommunications infrastructure;
- Determination of total
volume of wastewater and waste; drainage network; locations and scale of
wastewater and waste treatment works and burial grounds;
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- Identification of key
environmental issues and inadequacies in the area under planning;
- Assessment of
environmental developments during the formulation and implementation of
functional zone zoning planning [64];
- Suggestions on
prevention measures and order of priority for implementation; recommendations
on separation areas and environmental protection areas for functional zones;
g) Proposed projects with
investment priority, demands for capital and human resource for implementation;
2. The duration for
formulation of functional zone zoning planning project of [65] shall not exceed
09 months.
Article 14. Detailed
functional zone planning project [66]
1. Detailed functional
zone planning project shall fulfil tasks of the approved planning and other
specific requirements as follows:
a) Analysis and
assessment of natural conditions, current conditions of construction land,
population, society, landscape architecture, technical infrastructure;
regulations of general planning and zoning planning in relation to the areas
under planning;
b) Determination of size
of population, criteria for land use, social and technical infrastructure for
the entire area under planning;
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d) Determination of
height of each work, floor level and height of first floor or part of high
building; 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) Technical
infrastructure planning: Technical infrastructure is arranged to internal road
network. To be specific:
- Determination of
elevation of each land plot;
- Determination of
traffic network, cross section, red boundary line and construction boundary
line; determination and concretization of general planning and zoning planning
for locations and scale of parkings (above, on the ground and underground) (if
any);
- Determination of
demands and supply sources of water; locations and scale of factory works,
water pump stations; water supply pipe network and specific technical
specifications;
- Identification of
demands and supply sources of energy (electricity, gas, ect.); locations and
scale of power distribution stations, gas stations; transmission line network
and lighting system;
- Identification of
demands and telecommunications infrastructure;
- Determination of volume
of wastewater and solid waste; drainage network; locations and scale of
wastewater and solid waste treatment works and burial grounds;
e) Strategic environment
assessment:
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- Forecast about and
assessment of environmental impacts of the planning;
- Suggestions on
prevention measures and order of priority for implementation;
g) Preliminary
identification of demands for capital and human resource for implementation;
2. The duration for
formulation of detailed functional zone planning project shall not exceed 06
months.
Article 15.
Regulations on management of functional zone planning project [67]
1. Regarding general
functional zone planning [68], regulations on management of the planning
project contain the following information:
a) Boundary, scope and
nature of each functional zone [69].
b) Criteria for area,
construction density, land use coefficient, maximum and minimum height of each
work in each functional zone;
c) Control of space and
architecture of each area;
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dd) Locations, scale,
safety perimeters and safety corridors of underground works;
e) Areas prohibited from
construction; safety perimeters and safety corridors of technical
infrastructure works.
g) Areas reserved for
conservation and renewal of architectural works, historical and cultural
relics, scenic landscape and topography.
h) Requirements and
measures for environmental protection as prescribed by the Law on Environmental
Protection;
2. Regarding functional
zone zoning planning [70], regulations on management of the planning project
contain the following information:
a) Scope and scale of
area to be planned;
b) Locations, boundaries,
nature and scale of functional zones in the planned area; criteria for
construction density, land use coefficient, maximum and minimum height of
elevation in each land plot;
e) Red boundary line, construction
boundary line, elevation and specific technical requirements for each
route/area; safety perimeters and safety corridors of technical infrastructure
works.
d) Main space axles,
prominent points of the area;
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e) Areas reserved for
conservation and renewal of historical and cultural relics, scenic landscape
and topography.
g) Requirements and
measures for environmental protection as prescribed by the Law on Environmental
Protection;
3. Regarding detailed
functional zone planning [71], regulations on management of the planning
project contain the following information:
a) Boundary, scope,
nature and functions of the planned area.
b) Locations, boundaries,
functions and scale of land plots in the planned area
c) Determination of
criteria for construction density, land use coefficient, elevation of each land
plot; height of each work, floor level, first floor or part of high building;
architectural form, fence, building materials for the works;
d) Red boundary line,
construction boundary line, specific technical requirements for each internal
road route; safety perimeters and safety corridors of technical infrastructure
works.
dd) Locations, scale,
safety perimeters and safety corridors of works with peculiar functions and
underground works;
e) Lists and regulations
on conservation, renovation and development of architectural works, historical
and cultural relics, scenic landscape, landscape topography;
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Section 3. RURAL PLANNING [72]
Article 16. Principles
of formulation of rural planning [73]
1. Communes shall be put
into general planning in order to elaborate the provincial planning,
inter-district/district construction planning and general city/town planning,
thereby serving as the basis for formulation of detailed planning for rural
settlements and construction projects;
2. Rural settlements
shall be put into the detailed planning to elaborate the general commune
construction planning, thereby serving as the basis for formulation of
construction project and issuance of construction permit.
Article 17. Tasks of
rural planning [74]
1. Requirements for
general commune planning:
a) Locations, scope and
boundaries of communes; planning objectives 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;
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dd) Total cost estimate
for general commune planning;
2. Requirements for detailed
rural settlement planning:
a) Determination of scope
and boundaries for planning, size of population;
b) Basic principles of
analysis and assessment of natural and current conditions; criteria for land
use and work construction; requirements for arrangement of landscape
architecture space, technical and environmental infrastructure in conformity
with the approved general commune planning
c) List, quantity of
documentation, products; progress and implementation;
d) Total cost estimate
for detailed rural settlement planning.
3. The duration for tasks
of general commune planning/detailed rural settlement planning shall not exceed
01 month.
Article 18. General
commune planning project
1. General commune
planning project shall fulfil tasks of the approved planning and other specific
requirements as follows:
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b) Determination of
potential, driving force; forecasts about economic development, size of
population, construction land; criteria for land and technical infrastructure
of the entire commune;
c) Overall space planning
for the entire commune;
- Determination of zoning
mechanism (agricultural production, industrial production, cottage industry,
new rural settlement, renovated villages, central areas) and development
orientation to areas;
- Orientation to
arrangement of architecture landscape, determination of scale and criteria for
land use for each village, trade village, cottage industry and industry
production area;
- Orientation to public
work system, housing construction, conservation of cultural and historical
works;
d) Planned use of land
for the construction under requirements for development in each stage;
dd) Planning for
technical infrastructure serving residents and head works of technical
infrastructure serving production including technical preparations, traffic,
supply of energy (electricity, gas, etc.), lighting, passive telecommunications
infrastructure, supply of water, wastewater drainage, solid waste management
and burial grounds;
e) Strategic environment
assessment:
- Assessment of current
conditions, identification of key environmental issues in the area under
planning;
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- Suggestions on
prevention measures and order of priority for implementation;
g) Proposed programs and
projects with investment priority, demands for capital and human resource for
implementation;
2. The duration for
formulation of general commune planning project shall not exceed 06 months.
Article 19. Detailed
rural settlement planning project
1. The content of
detailed rural settlement planning project shall fulfil tasks of the approved
planning and other specific requirements as follows:
a) Analysis and
assessment of natural conditions, current conditions of construction land,
population, society, landscape architecture, technical infrastructure;
regulations of general planning for commune in relation to rural settlement;
b) Determination of size
of population, criteria for land use, social and technical infrastructure for
rural settlement;
c) General ground
planning for land use: Determination of functions, area, criteria for land use
in terms of construction density, land use coefficient, height of each work,
structure clearance for each land plot;
d) Determination of
architectural form, fence, color, key materials of works and other
architectural objects; identification of works to be conserved and renovated in
the area;
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- Determination of elevation
of each land plot;
- Determination of
traffic network, cross section, red boundary line and construction boundary
line; determination and concretization of general planning for positions and
scale of parkings and places for U-turn;
- Determination of
demands and supply sources of water; positions and scale of water supply works;
water supply pipe network and specific technical specifications;
- Identification of
demands and supply sources of energy (electricity, gas, ect.); positions and
scale of power distribution stations; transmission line network and lighting
system;
- Identification of
demands for passive telecommunications infrastructure;
- Determination of volume
of wastewater and solid waste; drainage network; positions and scale of
wastewater and solid waste treatment works of rural settlements.
e) Strategic environment
assessment:
- Assessment of current
conditions, identification of key environmental issues in the area under
planning;
- Forecast about and
assessment of environmental impacts of the planning;
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g) Planned demands for
capital and identification of human resource for implementation;
2. The duration for
formulation of detailed rural settlement planning project shall not exceed 04
months.
Article 20.
Regulations on management of rural planning project [75]
1. Regarding general
commune planning, regulations on management of the planning project contain the
following information:
a) Boundary, scope and
nature of commune.
b) Control of space,
architecture of functional zones and key works: administrative agencies at
commune level, education, health, sports and commercial services;
c) Red boundary line of
each main road, intervillage and village, and minimum construction elevation.
d) Areas prohibited from
construction; safety perimeters and safety corridors of technical
infrastructure works; measures for environmental protection.
dd) Areas reserved for conservation
and renewal of architectural works, historical and cultural relics, scenic
landscape and topography.
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a) Boundary and scope of
each rural settlement.
b) Locations, boundaries,
functions and scale of land plots in each rural settlement, criteria for
construction density, land use coefficient, elevation of each land plot; height
of each work, floor level, first floor; architectural form, fence, building
materials for the works;
c) Red boundary line,
construction boundary line, specific technical requirements for each road
route/dirty road; safety perimeters and safety corridors of technical
infrastructure works.
d) List and regulations
on conservation, renovation and development of architectural works, historical
and cultural relics, scenic landscape, landscape topography;
dd) Requirements and
measures for environmental protection as prescribed by the Law on Environmental
Protection;
Section 4. COLLECTION
OF OPINIONS DURING FORMULATION OF CONSTRUCTION PLANNING
Article 21. Collection
of opinions about inter-district/district construction planning [76]
The authority formulating
the construction planning shall cooperate with People’s Committees at all
levels in collecting opinions from relevant authorities and organizations
during formulation of the inter-district/district construction planning
project.
Article 22. Collection
of opinions about functional zone planning [77]
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2. In case general
functional zone planning project [79] is formulated by the Ministry of
Construction within the approval competence of the Prime Minister, People’s
Committees of relevant provinces shall make cooperation in collection of
opinions from agencies, organizations and representatives of residential
communities in their provinces during the formulation of construction planning.
Article 23. Collection
of opinions about rural planning [80]
The authority formulating
the construction planning shall cooperate with People’s Committees of communes
in collecting opinions from relevant authorities, organizations and
representatives of residential communities during formulation of the rural
planning project [81].
Article 24. Receipt of
opinions
During the formulation of
construction planning project, opinions from agencies, organizations and
representatives of residential communities shall be summarized and explained in
writing by advisory organizations in combination with organizers of
general planning.
Opinions shall be
analyzed and fully explained. They serve as the basis for completion of
plannings towards suitability, feasibility and harmony among interests of the
government and communities.
Written explanations and
reports on collection of opinions about construction planning projects and
tasks shall be included in the application for approval for construction
planning.
Section 5. PROCEDURES FOR APPRAISAL AND APPROVAL FOR CONSTRUCTION
PLANNING
Article 25.
Procedures for appraisal and approval for construction planning projects and
tasks
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a) The Ministry of
Construction and People’s Committees of provinces shall be responsible for
submitting construction planning projects and tasks to the Prime Minister for
appraisal and approval.
b) Organizers of
construction planning shall be responsible for submitting construction planning
projects and tasks to People’s Committees at all levels for appraisal and approval.
2. Collection of opinions
from state management agencies on construction planning projects during the
appraisal;
a) People’s committees of
provinces shall be responsible for collecting written opinions from the
Ministry of Construction before approving general functional zone planning
projects [82]; functional zone zoning planning projects [83] with a scale of
over 200 ha.
b) People’s Committees of
districts shall be responsible for collecting written opinions from specialized
construction work-managing Departments before approving general planning
projects within their approval competence.
3. During appraisal of
construction planning projects and tasks, the appraising agencies shall be
responsible for collecting written opinions from managing agencies at the same
level, professional associations and relevant experts.
4. Results of appraisal
of construction planning projects and tasks shall be sent to organizers of
construction planning by the appraising agencies in order to serve as the basis
for completion of the tasks and projects before submission to the competent
authority for approval.
Article 26.
Duration for appraisal and approval for construction planning projects and
tasks
1. [84] Regarding
inter-district/district construction planning, planning tasks shall be
appraised within 20 days and approved within 15 days; and planning projects
shall be appraised within 25 days and approved within 20 days starting from the
date of receipt of a valid application as regulated.
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a) Regarding general
functional zone planning [86], planning tasks shall be appraised within 20 days
and approved within 15 days; and planning projects shall be appraised within 25
days and approved within 15 days starting from the date of receipt of a valid
application as regulated.
b) Regarding zoning
planning and detailed functional zone planning [87], planning tasks shall be
appraised within 15 days and approved within 10 days; and planning projects
shall be appraised within 25 days and approved within 15 days starting from the
date of receipt of a valid application as regulated.
3. Duration for appraisal
and approval for rural planning projects and tasks [88].
a) Regarding general
commune planning, planning tasks shall be appraised within 15 days and approved
within 10 days; and planning projects shall be appraised within 20 days and
approved within 15 days starting from the date of receipt of a valid application
as regulated.
b) Regarding detailed
rural settlement planning, planning tasks shall be appraised within 15 days and
approved within 10 days; and planning projects shall be appraised within 25
days and approved within 15 days starting from the date of receipt of a valid
application as regulated.
Article 27.
Application for appraisal and approval for construction planning projects and
tasks
1. An application for
appraisal and approval for planning tasks consists of a written request for
appraisal and approval; explanation about planning tasks including color
drawings; draft decision on approval for the tasks; relevant legal documents;
written explanation about opinions from agencies, organizations and residential
communities on planning tasks; legal and qualification records of construction
planning consultant.
2. An application for
appraisal and approval or an application for opinions on the construction
planning consists of a written request for appraisal and approval for the
project; general explanation including color drawings; regulations on
management of the approved construction planning project; draft decision on
approval for the project; scale color drawings; relevant legal documents;
written explanation about opinions 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. An application for
construction planning project shall be stamped with a seal of the appraising agency
(agency that conducts appraisal of construction planning) when the approval
decision is issued.
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5. The Ministry of
Construction shall provide specific guidance on manners and regulations on
documentation of construction planning projects and tasks.
Chapter III
MANAGEMENT OF CONSTRUCTION PLANNING
Article 28.
Responsibilities for formulation of plan to implement construction planning
1. Projects on regional
construction planning, general construction planning, zoning planning and
general commune planning shall be carried out after they are approved by competent
authorities.
2 [89]. (annulled)
3. The provincial
People’s Committee shall take charge and cooperate with the Ministry of
Construction in formulation and approval for a plan to implement construction
planning within its administrative management with respect to any project under
the approval authority of the Prime Minister.
4. People’s Committees at
all levels shall be responsible for formulating and approving plans to
implement construct planning with respect to projects within their approval
competence.
5. The Ministry of
Planning and Investment, the Ministry of Finance shall be responsible for
balancing capital provided for projects on construction of social and technical
infrastructure works at regional level in accordance with regulations of the
Law on Investment and the Law on State Budget.
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According to the approved
construction planning/technical infrastructure planning, the plan to implement
construction planning contains:
1. List and sequence of
formulation of construction planning by level under 10-year, 05-year and annual
plans; list and sequence of investment in social and technical infrastructure
projects on the basic of long-term, medium-term and annual planning phase;
2. Proposed demand for
capital for the implementation of annual construction planning;
3. Proposed policies on
determination of resources under the plan and capacity to mobilize resources
for the implementation of annual plans within a short period;
4. Proposed models of
management and supervision of planning implementation;
5. Other relevant
contents.
Article 30. This
Article is annulled [90]
Chapter IV [91] (annulled)
Chapter V
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Article 36. Transition
clauses [92]
1. Regarding any
construction planning project whose planning tasks are approved before the
effective date of this Decree, the formulation, assessment and approval shall
be carried out under Government’s Decree No. 08/2005/ND-CP dated January 24,
2005 on construction planning.
2. Regarding any
provincial planning project whose planning tasks are approved before the
effective date of this Decree, it is required to collect written opinions from
the Ministry of Construction before such project is approved.
Article 37. Entry into
force [93]
This Decree comes into
force from June 30, 2015 and replaces the Government's Decree No. 08/2015/ND-CP
dated January 24, 2005 on construction planning.
Article 38.
Implementation
1. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Chairpersons of People's
Committees of provinces and central-affiliated cities shall organize
implementation of this Decree within their scope of tasks and powers.
2. The Ministry of
Construction shall take charge and cooperate with ministries and relevant
central authorities in directing, monitoring and inspecting the implementation
of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Tuong Van
APPENDIX
(Issued together with Government’s Decree No. 44/2015/ND-CP
dated May 06, 2015)
Form No. 01 [94] (annulled)
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Form No. 02 [95] (annulled)
PLANNING PERMIT
Form No. 03 [96] (annulled)
APPLICATION FOR PLANNING PERMIT
Form No. 04 [97] (annulled)
PLANNING PERMIT
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[1] Government’s Decree No. 72/2019/ND-CP dated August 30, 2019
on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010
on formulation, appraisal, approval and management of urban planning and Decree
No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning,
is promulgated pursuant to:
“The Law on Government
Organization dated June 19, 2015;
The Law on
Construction dated June 18, 2014;
The Law on Planning
dated November 24, 2017;
The Law on amendments
to some Articles concerning planning of 37 Laws dated November 20, 2018;
At request of the
Minister of Construction”,
- Government’s Decree No.
35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in
the field of state management of the Ministry of Construction is promulgated
pursuant to:
“The Law on
Governmental Organization dated June 19, 2015; Law on amendments to Law on
Government Organization and Law on Local Governmental Organization dated
November 22, 2019;
The Law on
Promulgation of Legislative Documents dated June 22, 2015; the Law on
amendments to the Law on Promulgation of Legislative Documents dated June 18,
2020;
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The Law on Judicial
Expertise dated June 20, 2012; the Law on amendments to the Law on Judicial
Expertise dated June 10, 2020;
The Law on
Construction dated June 18, 2014; Law on amendments to Law on Construction
dated June 28, 2020;
The Law on Housing
dated November 25, 2014;
The Law on Real Estate
Trading dated November 25, 2014;
The Law on
Architecture dated June 13, 2019;
The Law on Standards
and Technical Regulations dated June 29, 2006;
The Law on Product and
Goods Quality dated November, 21 2007;
The Law on Investment
dated June 17, 2020;
The Law on Public –
Private Partnership Investment dated June 18, 2020;
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The Law on amendments
to certain Articles of the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special
Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;
At request of the
Minister of Construction,”
[2] This Clause is
amended by Clause 1 Article 2 of Decree No. 72/2019/ND-CP dated August 30,
2019, which comes into force from August 30, 2019.
[3] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[4] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019
[5] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[6] The phrase “quy hoạch xây dựng vùng” (“regional
construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện,
vùng huyện” (“inter-district/district construction planning”) according to
Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[7] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into
force from August 30, 2019.
[8] This Clause is annulled by Clause 9 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
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[10] This Clause is annulled by Clause 9 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[11] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[12] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[13] This Point is amended by Point a Clause 2 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
[14] This Point is amended by Point a Clause 2 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
[15] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[16] This Clause is amended by Point b Clause 2 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
[17] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[18] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into
force from August 30, 2019.
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[20] This Point is amended by Point a Clause 3 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
[21] This Clause is amended by Point b Clause 3 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
[22] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[23] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[24] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[25] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[26] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[27] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[28] This Clause is amended by Point a Clause 4 Article 2 of
Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from
August 30, 2019.
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[30] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[31] This Clause is amended by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[32] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[33] This Clause is amended by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[34] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP,
which comes into force from June 20, 2023.
[35] This Clause is added by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[36] This Clause is added by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[37] This Clause is added by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
[38] This Clause is added by Article 2 of Decree No.
35/2023/ND-CP, which comes into force from June 20, 2023.
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[40] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[41] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[42] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[43] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[44] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[45] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[46] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[47] The phrase “quy hoạch xây dựng vùng” (“regional construction
planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện”
(“inter-district/district construction planning”) according to Point a Clause
10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes
into force from August 30, 2019.
[48] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
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[50] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[51] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[52] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[53] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[54] This Point is amended by Clause 5 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[55] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[56] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[57] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[58] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
...
...
...
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[60] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[61] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[62] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[63] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[64] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[65] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[66] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[67] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[68] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
...
...
...
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[70] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[71] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[72] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
[73] This Article is amended by Clause 6 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[74] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
[75] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
[76] This Article is amended by Clause 7 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[77] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[78] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
...
...
...
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[80] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
[81] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
[82] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[83] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[84] This Clause is amended by Clause 8 Article 2 of Decree No.
72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[85] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[86] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[87] The phrase “khu chức năng đặc thù” (“special functional
zones”) is replaced with “khu chức năng” (“functional zones”) according to
Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019,
which comes into force from August 30, 2019.
[88] The phrase “quy hoạch xây dựng nông thôn” (“rural
construction planning”) is replaced with “quy hoạch nông thôn” (“rural
planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP
dated August 30, 2019, which comes into force from August 30, 2019.
...
...
...
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[90] This Article is annulled by Clause 9 Article 2 of Decree
No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30,
2019.
[91] Articles 31, 32, 33,
34 and 35 are annulled by Clause 9 Article 2 of Government’s Decree No.
72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree
No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and
management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on
elaboration of construction planning, which comes into force from August 30,
2019;
[92] Article 4 of Government’s Decree No. 72/2019/ND-CP dated
August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP
dated April 07, 2010 on formulation, appraisal, approval and management of
urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration
of construction planning, which comes into force from August 30, 2019
stipulates that:
Article 4.
Transitional clause
Planning permits
issued to investors prior to the effective date of this Decree shall remain
valid until their expiry dates.
- Point c Clause 8
Article 15 of Decree No. 35/2023/ND-CP on amendments to some Articles of
Decrees in the field of state management of the Ministry of Construction on
transitional clause on amendments to Decree No. 44/2015/ND-CP (amended by
Decree No. 72/2019/ND-CP) stipulates that:
“c) If the
construction investment project specified in Clause 4, Article 14 of Decree No.
37/2010/ND-CP , Clause 4, Article 10 of Decree No. 44/2015/ND-CP (amended by Decree
No. 72/2019/ND-CP) has been approved in accordance with regulations of the law
before the effective date of this Decree or the feasibility study report of the
project has been submitted to the construction authority for appraisal and the
report is eligible for appraisal according to regulations in Decree No.
15/2021/ND-CP but the results of the appraisal have not yet been notified in
writing before the effective date of this Decree, the general ground planning
is not required according to Articles 1 and 2 of this Decree;
[93] Article 3 of Government’s Decree No. 72/2019/ND-CP dated
August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP
dated April 07, 2010 on formulation, appraisal, approval and management of
urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration
of construction planning, which comes into force from August 30, 2019
stipulates that:
“Article 3. Entry
into force
...
...
...
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- Clause 1 Article 17 of
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some
Articles of Decrees in the field of state management of the Ministry of
Construction, which comes into force from June 20, 2023 stipulates that:
“This Decree comes
into force from June 20, 2023.”
[94] Form No. 01 of the Appendix is annulled by Clause 9 Article
2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force
from August 30, 2019.
[95] Form No. 02 of the Appendix is annulled by Clause 9 Article
2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force
from August 30, 2019.
[96] Form No. 03 of the Appendix is annulled by Clause 9 Article
2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force
from August 30, 2019.
[97] Form No. 04 of the Appendix is annulled by Clause 9 Article
2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force
from August 30, 2019.