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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 178/2025/ND-CP
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Hanoi, July 1, 2025
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DECREE
ELABORATING LAW ON URBAN AND RURAL PLANNING
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on
Urban and Rural Planning dated November 26, 2024;
Pursuant to Decree No.
145/2025/ND-CP dated June 12, 2025 of the Government of Vietnam on delineation
of jurisdiction of the two-tier local government and decentralization in urban
and rural planning;
At the request of the
Minister of Construction of Vietnam;
The Government of
Vietnam hereby promulgates the Decree elaborating the Law on Urban and Rural
Planning.
Chapter
I
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Article
1. Scope
1. This Decree elaborates
the Law on Urban and Rural Planning No. 47/2024/QH15, including:
a) Clause 4 Article 3 on
formulation of master planning for urban areas;
b) Point a Clause 5
Article 3 on cases where subdivision planning is formulated according to the
requirements for management and development in centrally affiliated cities;
c) Point c Clause 5
Article 3 on cases where subdivision planning is formulated according to area
scales and requirements for management and development for functional areas
that are not economic zones or national tourism zones;
d) Point a Clause 6
Article 3 on cases where detailed planning is formulated according to area
scales and requirements for management and development;
dd) Point c Clause 2
Article 8 on procedures for reporting and deciding on the planning to be
implemented in case of conflicts between the same-level urban and rural
planning;
e) Clause 4 Article 10 on
the management of funding for urban and rural planning operations;
g) Clause 3 Article 11 on
the receipt, management, and use of sources of support for urban and rural
planning operations;
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i) Article 18 on
conditions of counseling organizations and individuals participating in the
formulation of urban and rural planning objectives and planning;
k) Clause 5 Article 19 on
the competition and selection of counseling organizations for the formulation
of urban and rural planning objectives and planning;
l) Clause 4 Article 25 on
the time limit for formulating and approving subdivision planning;
m) Clause 4 Article 49 on
urban and rural planning-based management;
n) Clause 3 Article 54 on
the development, management, operation, and utilization of urban and rural
planning databases;
o) Clause 8 Article 59 on
the continuation of the formulation, appraisal, approval, adjustment, and
review of subdivision planning according to urban planning laws and
construction laws for type-III urban areas, type-IV urban areas, economic
zones, and national tourism zones with master planning approved before the
effective date of the Law on Urban and Rural Planning.
Article
2. Regulated entities
This Decree applies to
state management authorities, as well as domestic and foreign organizations and
individuals relevant to urban and rural planning operations.
Article
3. Interpretation of terms
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1. Planning formulation
agencies and organizations refer to the agencies and organizations responsible
for formulating urban and rural planning objectives and planning as prescribed
in Article 17 of the Law on Urban and Rural Planning in conformity with the
organization of the two-tier local government.
2. Planning appraisal
agencies refer to the agencies responsible for appraising urban and rural
planning objectives and planning as prescribed in Article 38 of the Law on
Urban and Rural Planning in conformity with the organization of the two-tier
local government.
3. Planning approval
authorities refer to agencies, organizations, or individuals competent to
approve urban and rural planning objectives and planning as prescribed in
Article 41 of the Law on Urban and Rural Planning.
4. Time for formulating
planning objectives refers to the period from the date of planning objective
formulation until the date they are presented to the planning appraisal agency.
5. Time for formulating
planning refers to the period from the date the planning formulation counseling
organization is selected until the date the planning is presented to the
planning appraisal agency.
Article
4. Time for formulating urban and rural planning objectives and planning
1. Time for formulating
master planning objectives and planning
a) For master planning
for urban areas under the approval jurisdiction of the Prime Minister of
Vietnam, the time for planning objective formulation shall be no more than 3 months;
the time for planning formulation shall be no more than 15 months;
b) For master planning
for urban areas not subject to the case prescribed in Point a Clause 1 of this
Article, and master planning for economic zones/national tourism zones, the time
for planning objective formulation shall be no more than 2 months; the time for
planning formulation shall be no more than 12 months;
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2. For subdivision
planning, the time for planning objective formulation shall be no more than 1
month; the time for planning formulation shall be no more than 9 months.
3. For detailed planning,
the time for planning objective formulation shall be no more than 1 month; the
time for planning formulation shall be no more than 6 months.
4. For underground space
planning and specialized planning for technical infrastructures in centrally
affiliated cities, the time for planning objective formulation shall be no more
than 1 month; the time for planning formulation shall be no more than 9 months.
5. Before formulating
urban and rural planning objectives and planning, planning formulation agencies
and organizations shall develop specific plans and schedules, including the
time for selecting counseling organizations, submitting reports, soliciting
opinions on planning, and the time for formulating urban and rural planning
objectives and planning, ensuring compliance with the requirements for
management, development, and feasibility. Adjustments to plans and schedules
must be justified with sufficient reasoning, necessity, and factors affecting
the formulation of urban and rural planning.
6. For subdivision
planning formulated to concretize the contents of master planning, agencies
responsible for formulating and promulgating plans to implement master planning
shall determine the timeline for completing the subdivision planning in the
contents of the plans to implement master planning, ensuring that the
formulation and approval of subdivision planning meet the investment,
development, and feasibility requirements during implementation.
Article
5. Conditions of counseling organizations and individuals participating in
formulation of urban and rural planning objectives and planning
1. Individuals
participating in the formulation of urban and rural planning objectives and
planning shall have appropriate training certificates and diplomas relevant to
their assigned tasks, issued by legal training establishments.
2. Positions and
individuals involved in operations concerning urban and rural planning shall
have construction practice certificates as prescribed by construction laws,
including heads of planning task formulation, heads of planning formulation,
and heads of urban and rural planning formulation. Practicing certificates of
individuals are classified into Class I, Class II, and Class III and are issued
under construction laws.
3. Individuals in charge
of architectural designs, landscape architectural designs, and separate urban
designs in urban and rural planning shall have relevant professional diplomas
and possess practicing certificates concerning urban and rural planning or
architectural practice certificates as prescribed by architecture laws.
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5. Foreign counseling
organizations involved in the formulation of urban and rural planning
objectives and planning shall comply with this law, bidding laws, and obtain
permits from construction authorities as prescribed by construction laws.
Article
6. Regulations on procedures for reporting and deciding on planning to be
implemented in case of conflicts between same-level urban and rural planning to
ensure conformity of construction projects with urban and rural planning
1. Regarding approved
urban and rural planning of the same level, subject to the approval
jurisdiction of the same competent authority:
a) The planning
formulation agency/organization or investor implementing the construction
project shall submit a report on the situation of the implementation of the
construction project following the approved urban and rural planning to the
planning approval authority;
b) Requirements for the
report content: scientific, practical, and legal grounds relevant to the
implementation of the construction project; determination of conflicts among
plannings requiring consideration; suggestions on the contents of planning or
planning to be implemented; proposals for measures to remedy arising issues;
assessment of the impact and effectiveness of the implementation based on the
proposal scheme, ensuring compliance with national technical regulations on
urban and rural plannings and relevant regulations and standards;
c) The planning approval
authority shall, based on the opinion of the planning approval authority,
consider issuing a written approval for the approved planning content to be
implemented.
2. Regarding approved
urban and rural planning of the same level, not subject to the approval
jurisdiction of the same competent authority:
a) The planning formulation
agency/organization or investor implementing the construction project shall
submit a written report on the situation of the implementation of the
construction project following the approved urban and rural planning to the
lower-level planning approval authority;
b) Requirements for the
report content: scientific, practical, and legal grounds relevant to the
implementation of the construction project; determination of conflicts among
plannings requiring consideration; suggestions on the contents of planning or
planning to be implemented; proposals for measures to remedy arising issues;
assessment of the impact and effectiveness of the implementation based on the
proposal scheme, ensuring compliance with national technical regulations on
urban and rural plannings and relevant regulations and standards;
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3. The planning
formulation agency/organization or investor implementing the construction
project shall update the contents to be implemented as decided by the planning
approval authority to the dossier on urban and rural planning and submit it to
the urban and rural planning authority affiliated with the planning approval
authority for management.
Chapter
II
PROCEDURES
FOR FORMULATING, APPRAISING, AND APPROVING URBAN AND RURAL PLANNING OBJECTIVES
AND PLANNING
Section
1. REGULATIONS ON FORMUALTION OF MASTER PLANNING FOR URBAN AREAS AND
FORMULATION OF SUBDIVISION PLANNING AND DETAILED PLANNING
Article
7. Cases of formulating master planning for urban areas
1. Master urban areas
according to Clause 4 Article 3 of the Law on Urban and Rural Planning shall be
formulated for the following planning scopes:
a) Centrally affiliated
cities;
b) Special zones within
urban systems as oriented in the master planning for the urban and rural
planning, regional planning, or provincial planning;
c) Existing urban areas,
consisting of an independent ward or multiple adjacent wards, subject to the
urban system as oriented in the comprehensive planning for the urban and rural
system, regional planning, or provincial planning with a planning scope
determined in the decision to approve urban and rural planning objectives;
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dd) New urban areas
subject to the urban system as oriented in the comprehensive planning for the
urban and rural system, regional planning, or provincial planning with a
planning scope of at least 30 km2, determined in the decision to approve urban
and rural planning objectives;
2. The boundary scope for
urban development in the content of the approved master planning for urban
areas shall be the ground and basis for urban development management.
Article
8. Cases of formulating subdivision planning
1. Areas within an urban
area according to Point a Clause 5 Article 3 of the Law on Urban and Rural
Planning shall be determined based on the spatial structure in the master
planning for urban areas and be decided by the provincial People’s Committee in
the plan for master planning implementation.
2. Functional areas
according to Point b Clause 5 Article 3 of the Law on Urban and Rural Planning
with a scale of at least 200 ha or specific areas determined by the provincial
People’s Committee shall have objectives and requirements for investment in the
construction of technical infrastructures in compliance with construction laws
and project management laws.
Article
9. Cases of formulating detailed planning
1. Detailed planning
according to Point a Clause 6 Article 3 of the Law on Urban and Rural Planning
shall be formulated for the following cases:
a) Areas with formulated
subdivision planning according to Article 8 of this Decree;
b) Areas subject to
approved master planning where subdivision planning is not required;
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2. For land parcels
meeting Clause 3 and Clause 5 Article 10 of this Decree, detailed planning
shall be formulated following a simplified procedure (referred to as “total
site planning”) without the need for planning objective formulation and
approval and planning appraisal and approval.
Article
10. Total site planning
1. Total site planning
shall be formulated during the project preparation and approved by the detailed
planning approval authority or the delegated/authorized agency in writing.
2. Adjustments to the
total site planning shall meet the conditions for planning adjustments
specified in the Law on Urban and Rural Planning.
3. A land parcel for the
implementation of a construction project shall meet all the following
conditions for the total site planning to be formulated and approved:
a) The land use scale is
less than 2 ha for an apartment or residential complex construction project; or
the land use scale is less than 10 ha for a factory, plant, industrial
production establishment, or non-linear technical infrastructure construction
project as determined in the approved master planning, specialized planning for
technical infrastructures, provincial planning, or technical/specialized
planning; or the land use scale is less than 5 ha for other cases;
b) The land parcel is in
an area with approved subdivision planning or area with approved master
planning for cases where subdivision planning is not required;
c) The construction is
carried out by a single investor or the total site planning is formulated by an
assigned state agency.
4. Contents of total site
planning:
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b) Indicating the
location, scale of facilities, and facility items in the land parcel; expected
architectural form of the facilities in conformity with the surrounding
architectural landscape; schemes to design technical infrastructures that
ensure consistent connection with the infrastructure system of the area and
conform with the surrounding architectural space;
c) The Minister of
Construction of Vietnam shall provide guidelines on the total site planning
dossier.
5. For national defense
and security projects requiring state secret protection, the formulation of
total site planning shall comply with the regulations and guidelines of the
agencies, organizations, or individuals assigned to manage and implement
projects requiring state secret protection.
6. Total site planning
approval:
a) A total site planning
formulation agency/organization shall send a written request and total site
planning dossier to the detailed planning approval authority or the
delegated/authorized agency for approval;
b) Before sending the
written request for approval for the total site planning, the total site
planning formulation agency/organization shall solicit opinions from the
relevant residential community (if any) regarding the planning contents as
specified in Article 37 of the Law on Urban and Rural Planning;
c) The detailed planning
approval authority or the delegated/authorized agency shall consider approving
the total site planning, ensuring the requirements prescribed in Clause 5 of
this Article. The time for consideration for approval for the total site
planning shall be no more than 15 days from the receipt of the adequate dossier
from the planning formulation agency/organization.
Section
2. PROCEDURES FOR FORMULATING, APPRAISING, AND APPROVING URBAN AND RURAL
PLANNING OBJECTIVES
Article
11. Formulation of urban and rural planning objectives
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2. Planning formulation
agencies/organizations shall acquire and describe participating opinions during
the planning objective formulation and completion of dossiers on urban and
rural planning objectives before requesting appraisal.
3. Lower-level urban and
rural planning objectives may be formulated by planning formulation
agencies/organizations during the formulation of higher-level planning, but
they must be approved after higher-level urban and rural planning is appraised
and presented to approval authorities, ensuring that the contents of the
lower-level urban and rural planning objectives conform with and concretize the
higher-level urban and rural planning.
4. In case of formulating
or adjusting subdivision planning according to specific regulations of the
Government of Vietnam, do not apply Clause 3 of this Article.
Article
12. Presentation for appraisal and appraisal of urban and rural planning
objectives
1. Planning formulation
agencies/organizations shall present planning appraisal agencies with dossiers
on urban and rural planning objectives.
2. Planning appraisal
agencies shall inspect the components and contents of the dossiers on planning
objectives, ensuring compliance with urban and rural planning laws; establish
or consult with competent authorities regarding the establishment of appraisal
councils; solicit opinions from members of appraisal councils before holding
council meetings for planning objective appraisal.
3. Planning appraisal
agencies shall summarize appraisal opinions of members of appraisal councils
and relevant state management authorities and send them to planning formulation
agencies/organizations to research, acquire, describe, and complete dossiers on
planning objectives before the urban and rural planning objectives and
presented to planning approval authorities.
4. Planning formulation
agencies/organizations shall acquire and adequately describe appraisal opinions
summarized by appraisal agencies; complete dossiers on urban and rural planning
objectives and send them back to the planning appraisal agencies for inspection
and use as the grounds to complete and issue appraisal reports before the
planning formulation agencies/organizations present the mentioned dossiers to
planning approval authorities.
5. The appraisal by
appraisal agencies, according to the Law on Urban and Rural Planning and this
Article, does not replace or reduce the responsibility of planning objective
formulation agencies/organizations and the responsibility of counseling
organizations for the formulation of urban and rural planning objectives for
their tasks as prescribed by the law.
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1. Planning formulation
agencies/organizations shall present dossiers on urban and rural planning
objectives to planning approval authorities to request approval.
2. Planning approval
authorities shall, based on the statements enclosed with the completed dossiers
on planning objectives of the planning formulation agencies/organizations and
the appraisal reports of appraisal agencies, consider approving urban and rural
planning objectives.
3. After the dossiers on
urban and rural planning objectives are approved, planning appraisal agencies
shall inspect and provide confirmation stamps for the descriptions and drawings
enclosed with such dossiers as prescribed by regulations of the Minister of
Construction of Vietnam.
Section
3. PROCEDURES FOR FORMULATING, APPRAISING, APPROVING, AND ADJUSTING URBAN AND
RURAL PLANNING
Article
14. Formulation of urban and rural planning
1. Planning formulation
agencies/organizations or assigned agencies prescribed in Clause 10 Article 17
of the Law on Urban and Rural Planning shall select qualified counseling
organizations prescribed in Article 5 of this Decree to formulate planning;
during the formulation of urban and rural planning, opinions must be solicited
according to Article 37 of the Law on Urban and Rural Planning.
2. Planning formulation
agencies/organizations shall adequately acquire and describe participating
opinions during the planning formulation and completion of dossiers on urban
and rural planning before requesting approval.
Article
15. Presentation for appraisal and appraisal of urban and rural planning
1. Planning formulation
agencies/organizations shall present planning approval authorities with
dossiers on urban and rural planning objectives to request approval after
completing such dossiers according to the appraisal reports of appraisal
agencies.
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3. Planning appraisal
agencies shall summarize appraisal opinions of members of appraisal councils
and criticisms and send them to planning formulation agencies/organizations to
research, acquire, describe, and complete dossiers on planning before
presenting them to planning approval authorities. For contents with different
and inconsistent opinions with planning formation agencies/organizations,
planning appraisal agencies shall submit reports and specify their viewpoints
in the reports on appraisal of urban and rural planning for planning approval
authorities to consider issuing decisions.
4. Planning formulation
agencies/organizations shall acquire and adequately describe appraisal opinions
and criticisms summarized by appraisal agencies; complete dossiers on urban and
rural planning, send them back to the planning appraisal agencies for
inspection, and issue appraisal reports before planning formulation
agencies/organizations present them to planning approval authorities.
5. The appraisal by
appraisal agencies, according to the Law on Urban and Rural Planning and this
Article, does not replace or reduce the responsibility of planning formulation
agencies/organizations and the responsibility of counseling organizations for
the formulation of urban and rural planning for their tasks as prescribed by
the law.
Article
16. Presentation for approval and approval of urban and rural planning
1. Planning formulation
agencies/organizations shall present planning approval authorities with
dossiers on urban and rural planning to request approval after completing such
dossiers according to the appraisal reports of appraisal agencies.
2. Planning approval
authorities shall, based on the statements enclosed with the completed dossiers
on urban and rural planning of the planning formulation agencies/organizations
and the appraisal reports of appraisal agencies, consider approving urban and
rural planning.
3. After the dossiers on
urban and rural planning are approved, planning appraisal agencies shall inspect
and provide confirmation stamps for the descriptions and drawings enclosed with
such dossiers as prescribed by regulations of the Minister of Construction of
Vietnam.
Article
17. Procedures for approving guidelines on comprehensive adjustments to urban
and rural planning
1. Approval for
guidelines on comprehensive adjustments to urban and rural planning according
to Point a Clause 1 Article 47 of the Law on Urban and Rural Planning shall be applicable
to the level of master planning.
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a) The planning
formulation agency/organization shall submit a written report to the planning approval
authority and appraisal agency, proposing the implementation of comprehensive
adjustments to urban and rural planning. The report shall be based on the
results of the review and assessment of the implementation of the master
planning, specifying the reasons and necessity for the comprehensive
adjustments, as well as the start and completion time of the formulation of the
comprehensive adjustments to the master planning.
b) The planning appraisal
agency shall research the content of the report and proposal of the planning
formulation agency, assess them according to regulations on planning adjustment
conditions, and send a written report to the planning approval authority for
approval for comprehensive adjustments to the master planning.
c) The planning approval
authority shall approve comprehensive adjustments to the master planning in
writing.
3. Procedures for
formulating, appraising, approving, and announcing comprehensive adjustments to
master planning prescribed in this Article shall comply with urban and rural
planning laws.
Chapter
III
REGULATIONS
ON ASSURANCE OF QUALITY AND OPERATIONAL EFFECTIVENESS OF URBAN AND RURAL
PLANNING
Article
18. Maps serving formulation of urban and rural planning objectives and
planning
1. Topographic maps serving
the formulation of planning objectives and planning shall be formulated by
cartography authorities or surveying and topography authorities, ensuring
quality and technical requirements according to regulations on topographic and
cartographic operations and conformity with regulations on the development of
urban and rural planning databases.
2. Topographic maps'
information and data must meet the requirements for formulating planning
objectives and planning in conformity with each type and level of planning.
Where the topographic maps are not conformable with the current situation at
the time of planning formulation, authorities competent to approve urban and
rural planning objectives and planning shall decide to conduct additional
topographic surveys according to the procedures prescribed in the law on
topography and cartography.
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1. For cases determined
for the implementation of competitions for urban and rural planning ideas
according to Clause 3 Article 19 of the Law on Urban and Rural Planning, the
planning formulation agency/organization shall, based on the approved planning
objectives, carry out the following tasks:
a) Formulate and approve
plans and estimates of funding for organizing the competition;
b) Formulate and issue
competition regulations enclosed with documents containing information on the
planning site serving the competition;
c) Establish a
competition council and technical team; stipulate the responsibilities of the
competition council and technical team.
d) Notify and invite at
least 3 qualified counseling organizations to participate in the competition
for urban and rural planning ideas;
dd) Receive competition
dossiers and hand them over to the competition council;
e) Decide and announce
the competition results.
2. The competition
regulations shall include:
a) Form, scale, nature,
purpose, and requirements of the competition;
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c) Composition of the
competition council and basic information on the expertise and experience of
its members;
d) Cost of organizing the
competition and the basis for determining planning formulation costs;
dd) Structure and value
of awards (if any);
e) Rights and
responsibilities of concerned parties and copyrights;
g) Template of the
competition participation registration sheet;
h) Other contents as required
for each competition (e.g., regulations on competition rounds (if any) and
cases where no optimal plan is available after a competition round; principles
of determining planning formulation costs, etc.);
i) Documents containing
information on the planning site:
Documents containing
information on the planning site serving the competition enclosed with the
competition regulations include the legal information of the area subject to
planning formulation; drawings and figures on the current conditions;
objectives, development requirements, and expected road maps for investment
mobilization or investment; requirements for spatial layout, landscape
architecture, and other relevant requirements.
3. A competition dossier
includes descriptions and drawings of planning ideas, technical solutions,
videos, images, models (if any), financial proposals, and planning formulation
costs. The dossier must use a consistent language (Vietnamese or bilingual),
measurement unit, currency, and anonymity principles (no names and logos of
counseling units or authors).
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a) The competition
council shall have an odd number of members, at least 9 members, including 1
president and other members;
b) The council shall
include representatives of state management authorities, relevant
socio-vocational organizations, urban and rural planning specialists, and
representatives of the planning formulation agency/organization; at least
one-third of the members must be experienced specialists in urban and rural planning.
The president of the council must be an experienced and reputable urban and
rural planning specialist, elected by the council or invited by the planning
formulation agency/organization;
c) The competition
council shall adopt working regulations signed and issued by the president. It
shall also analyze planning ideas based on competition regulations and
scientific and practical aspects of schemes, assess and rank the counseling
organizations, and summarize and report the results of the competition for
urban and rural planning ideas.
5. The competition
results shall be reported in writing to the planning formulation agency by the
competition council and signed by its president. The report shall include:
a) The process of
receiving competition dossiers;
b) The number of
participating units, received competition dossiers, and valid and invalid
dossiers according to the criteria in the competition regulations;
c) Ranking of the
competition results by the competition council following the criteria in the
competition regulations corresponding to specific awards;
d) Proposal concerning
the unit selected to provide urban and rural planning formulation counseling
services.
Article
20. Selection of counseling organizations for formulation of urban and rural
planning objectives and planning
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a) According to bidding
laws, on the basis of ensuring regulations on capacity conditions of
organizations according to urban and rural planning laws;
b) In cases where the
expected costs of formulating urban and rural planning objectives are not
subject to implementation according to bidding laws, the planning formulation
agency/organization may formulate urban and rural planning objectives itself or
designate a counseling organization to formulate urban and rural planning
objectives according to bidding laws.
2. A counseling
organization for the formulation of urban and rural planning objectives may be
selected through:
a) Bidding according to
bidding laws, on the basis of ensuring regulations on capacity conditions of
organizations according to urban and rural planning laws;
b) Competitions for urban
and rural planning ideas; the planning organization agency/organization shall
organize competitions for ideas according to Article 19 of this Law.
Article
21. Management of funding for urban and rural planning operations
1. Directors of planning formulation
agencies/organizations shall manage funding from the state budget for urban and
rural planning operations; control advances, payments, and settlements based on
workload, in compliance with budget laws, and through the Vietnam State
Treasury. Relevant agencies shall cooperate in the inspection and supervision.
2. The Ministry of
Construction of Vietnam shall formulate and promulgate a list of planning
projects and annual state budget funding plans for urban and rural planning
formulated by the Ministry of Construction of Vietnam and other planning
assigned by the Prime Minister of Vietnam; approve the cost estimates and
adjusted cost estimates (if any) for urban and rural planning operations.
3. The People’s
Committees of all levels, competent to approve planning, shall formulate and
issue lists of planning projects and annual state budget funding plans for
urban and rural planning within their financial management scope, excluding
planning formulated by the Ministry of Construction of Vietnam; approve the
cost estimates and adjusted cost estimates (if any) for urban and rural
planning operations.
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1. Agencies receiving and
managing support sources for urban and rural planning operations:
a) For urban and rural
planning objectives and planning under the approval jurisdiction of the Prime
Minister of Vietnam, provincial People’s Committees shall decide on the receipt
of financial support;
b) For urban and rural
planning objectives and planning not under Point a of this Clause, the planning
approval authorities shall decide on the receipt of financial support;
c) Planning formulation
agencies/organizations shall receive support resources in the form of research
results and awards of competitions for urban and rural planning ideas;
sponsorships for domestic and overseas conferences, seminars, drills, research,
surveys, and training.
2. Management and use of support
sources for urban and rural planning operations:
a) For financial support:
it shall be transferred to the local budgets and managed and used according to
state budget laws;
c) For support resources
in the form of research results and awards of competitions for urban and rural
planning ideas; sponsorships for domestic and overseas conferences, seminars,
drills, research, surveys, and training: sponsors shall directly manage and
decide on the implementation costs.
3. The formulation,
appraisal, approval, adjustment, and announcement of urban and rural planning
using sponsorships shall comply with urban and rural planning laws.
Article
23. Regulations on urban and rural planning-based management
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a) Boundary, scope, and
nature of the planning site;
b) Technical-economic
targets, regulations on spatial control, landscape architecture, and controlled
construction elevation for each area;
c) Red-line boundaries
and construction boundaries for each urban-level or regional-level road in case
of master planning for urban areas that are not centrally affiliated cities,
master planning for economic zones, and master planning for national tourism
zones;
d) Determination of areas
where construction is prohibited; protection scope; safety corridors of
technical infrastructures, facilities with specific functions, and underground
facilities; conservation and enhancement areas for architectural facilities,
historical/cultural relics, scenic landscapes, and topographic landscapes;
dd) Environmental
protection requirements and measures;
e) Implementation
responsibilities; implementation principles according to the approved master
planning.
2. Regulations on
subdivision planning-based management must conform with the approved planning
and include the following:
a) Scope and scale of the
area subject to planning; location, boundary, nature, and scale of functional
areas in the area subject to planning;
b) Technical-economic
targets, use targets of the land subject to planning, and construction
elevation for each land parcel;
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d) Protection scope,
safety corridors of technical infrastructures, facilities with specific
functions, and underground facilities; conservation, renovation, and
refurbishment areas for historical/cultural relics, scenic landscapes, and
topographic landscapes;
dd) Environmental
protection requirements and measures;
e) Implementation
responsibilities; implementation principles according to the approved
subdivision planning.
3. Regulations on
detailed planning-based management must conform with the approved planning and
include the following:
a) Boundary, scope,
nature, and function of the area subject to planning;
b) Technical-economic
targets, use targets of the land subject to planning, and construction elevation
for each land parcel;
c) Regulations on
facility height, floor elevation, and the height of the first floor or base of
high-rise facilities, forms of architecture and fencing of facilities, and
construction materials of facilities;
d) Red-line boundaries,
construction boundaries, and specific technical requirements for each
internal-level road; protection scope and safety corridors of technical
infrastructures, facilities with specific functions, and underground
facilities;
dd) Lists and regulations
on conservation, renovation, and refurbishment of architectural facilities,
historical/cultural relics, scenic landscapes, and topographic landscapes;
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g) Implementation
responsibilities; implementation principles according to the approved detailed
planning.
4. Regulations on
underground space planning-based management for centrally affiliated cities
must conform with the approved planning and include the following:
a) Boundary and scope of
underground space planning formulation;
b) Regulations on
planning elevation and relations with relevant facilities and areas;
c) Construction
boundaries and specific technical requirements for each underground route and
facility area; protection scope and safety corridors of underground facilities;
d) Environmental
protection requirements and measures;
dd) Implementation
responsibilities; implementation principles according to the approved
underground space planning.
5. Regulations on
specialized planning for technical infrastructures-based management for
centrally affiliated cities must conform with the approved planning and include
the following:
a) Boundary and scope of
the formulation of specialized planning for technical infrastructures;
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c) Construction
boundaries and specific technical requirements for each technical
infrastructure route and facility area; protection scope and safety corridors
of technical infrastructures;
d) Environmental
protection requirements and measures;
dd) Implementation
responsibilities; implementation principles according to the approved
specialized planning for technical infrastructures.
Article
24. Development, management, operation, and utilization of urban and rural
planning databases
1. Principles of
developing, updating, managing, utilizing, and using urban and rural planning
databases:
a) Urban and rural
planning databases shall be developed simultaneously throughout the entire
process of surveying, measuring, preparing planning objectives and planning,
and implementing such objectives and planning;
b) Urban and rural
planning databases shall be developed and managed in a concentrated, consistent,
and synchronized manner, from the central level to the local level;
c) Urban and rural
planning databases shall be developed and updated to ensure adequate, accurate,
timely, and synchronized information provision in information systems and
national databases concerning construction operations, meeting the requirements
for state management of construction investment;
d) Urban and rural
planning databases shall be maintained for continuous, stable, and smooth
operations and shall be stored long-term, meeting the needs for utilization and
use of agencies, organizations, and individuals according to the law;
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2. The development,
update, management, utilization, and use of urban and rural planning databases
shall comply with the regulations of the Government of Vietnam on information
systems and national databases on construction operations and information
technology, electronic transaction, cyber information safety, cybersecurity,
and information access laws; regulations on digital data management,
connection, and sharing of state agencies.
3. Responsibility and
funding for managing the operation of urban and rural planning database
systems:
a) Planning formulation
agencies/organizations shall develop and update urban and rural planning
databases through urban and rural planning formulation, appraisal, approval,
and adjustment; urban and rural planning authorities at the provincial level
and commune level shall manage, utilize, and use urban and rural planning
database systems;
b) Funding for
developing, updating, managing, utilizing, and using urban and rural planning
databases shall be allocated from the state budget’s recurrent expenditures and
determined under the guidelines of the Minister of Construction of Vietnam.
Chapter
IV
TRANSITIONAL
PROVISIONS
Article
25. Transitional provisions in Clause 8 Article 59 of Law on Urban and Rural
Planning
1. The planning
formulation agency/organization shall summarize the results of the formulation
and approval of the subdivision planning after the master planning is approved;
develop a plan that determines functional areas to be established or adjusts
the subdivision planning based on the approved master planning and report on
the issuance of the plan to the master planning approval authority for
implementation within 2 years as prescribed by the Law on Urban and Rural
Planning.
2. After the period
mentioned above, if the subdivision planning is not completed according to the
issued plan, the planning formulation agency/organization shall adjust the
master planning in compliance with the Law on Urban and Rural Planning.
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1. Detailed planning
approved under simplified procedures, during project implementation after the
effective date of this Decree, shall remain effective until adjusted as
prescribed by this Decree’s regulations on total site planning. Where the
detailed planning under simplified procedures is being formulated and has yet
to be approved, comply with this Decree’s regulations on the formulation and
approval of total site planning.
2. Rural areas with
approved rural planning that remains valid and meets the conditions for local
adjustments may undergo local adjustments in accordance with urban and rural
planning laws.
3. Construction planning for
inter-district and district-level areas shall comply with Clause 1 Article 59
of the Law on Urban and Rural Planning; where no replacement planning is
available, specific contents concerning technical infrastructures of
construction planning for inter-district or district-level areas, if meeting
the conditions for local adjustment, may undergo local adjustments as
prescribed by urban and rural planning laws.
4. Commune-level towns or
new urban areas with urban planning approved before the effective date of this
Decree that now fall under the jurisdiction of communes shall continue to be
managed and implemented as specified in the approved urban planning. When
formulating and approving master planning for communes after restructuring, the
contents of the approved urban planning must be inherited.
5. Decisions on urban
classification of competent authorities promulgated before July 1, 2025,
according to the results of urban quality assessments under approved urban and
rural planning, shall remain effective until replaced, amended, or annulled as
prescribed by the law.
Chapter
V
IMPLEMENTATION
Article
27. Implementation
1. Ministers, Directors
of ministerial agencies, Directors of governmental agencies, Presidents of
People’s Committees of provinces and centrally affiliated cities, Directors of
agencies, political organizations, socio-political organizations,
socio-vocational political organizations, and relevant agencies and individuals
shall implement this Decree.
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a) Take charge and
cooperate with ministries, central authorities, and provincial People’s
Committees in implementing the state management of urban and rural planning;
b) Periodically inspect,
urge, and instruct local authorities to comply with urban and rural planning
laws; promptly detect difficulties and shortcomings concerning urban and rural
planning operations to research and propose handling solutions to the
Government of Vietnam, the Prime Minister of Vietnam, and relevant ministries
and central authorities;
c) Review, adjust,
supplement, and promulgate new national technical regulations on urban and
rural planning.
3. People’s Committees at
all levels shall:
a) Allocate funding from
the state budget allocated to local authorities to implement urban and rural
planning operations according to the law and under the guidelines of the
Ministry of Construction of Vietnam;
b) Inspect
compliance with urban and rural planning laws; promptly detect, summarize, and
report on difficulties and shortcomings to competent authorities as grounds to
continue to complete the legal document system.
Article
28. Amendments to certain articles and clauses in relevant Decrees
1. Amendments to Decree
No. 175/2024/ND-CP dated December 30, 2024 of the Government of Vietnam:
a) “quy hoạch xây dựng”
(construction planning) in Clause 3 Article 1, Point g Clause 2 Article 17,
Clause 1 Article 61, Point c Clause 4 and Point c Clause 5 Article 70, Point c
Clause 2 Article 71, Point a Clause 2 Article 119, Clauses 5 and 6 Article 121,
and Clause 5 Article 122 is replaced with “quy hoạch đô thị và nông thôn”
(urban and rural planning);
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c) “thiết kế quy hoạch
xây dựng” (construction planning designs) in Clauses 13 and 14 Article 3 is
replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);
d) Amendments to Clause
21 Article 3: “21. “Urban and rural planning” prescribed herein means a general
phrase used for planning types and levels specified in the Law on Urban and
Rural Planning and unexpired planning formulated and approved under urban
planning laws and construction laws in accordance with urban and rural planning
laws.”;
dd) “quy hoạch xây dựng”
(construction planning) in Point a Clause 1 Article 4 is replaced with “quy hoạch
theo pháp luật về quy hoạch đô thị và nông thôn” (planning under urban and
rural planning laws);
e) Amendments to Point a
Clause 2 Article 13: “a) For a project on the construction of framework
technical infrastructures for an inter-district or district-level area:
unexpired construction planning for the inter-district or district-level area
in compliance with urban and rural planning laws shall be the ground to
formulate the construction project;”;
g) “quy hoạch xây dựng hoặc
quy hoạch có tính chất kỹ thuật chuyên ngành” (construction planning or
technically specialized planning) in Point g Clause 2 Article 13 is replaced
with “quy hoạch đô thị và nông thôn”(urban and rural planning);
h) Amendments to Point a
Clause 3 Article 13: “a) Layout, blocks, and specifications may be adjusted
when ensuring the land use targets of the land are for project implementation
approved in the planning according to urban and rural planning laws,
regulations on spatial management and urban design, regulations on
architectural management (if any), and regulations on urban and rural
planning;”;
i) Amendments to Point a
Clause 2 Article 18: “a) Regarding urban and rural planning: assess conformity
of the fundamental design with the land use targets determined in the urban and
rural planning used as the ground for project formulation according to Clause 2
Article 13 of this Decree; inspect conformity in terms of land use functions
defined in the master planning; land use functions and targets, restricted
population size defined in the subdivision planning (if any) of the project
site;”;
k) “quy hoạch đô thị, quy
hoạch xây dựng khu chức năng hoặc quy hoạch chi tiết xây dựng điểm dân cư nông
thôn” (urban planning, functional zone construction planning, and detailed
planning on construction of rural residential areas) in Point d Clause 1
Article 44 is replaced with từ “quy hoạch đô thị và nông thôn” (urban and rural
planning);
l) “quy hoạch xây dựng”
(construction planning) in Clauses 1 and 2 Article 65 is replaced with “quy hoạch”
(planning);
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n) Amendments to Article
81:
“Article 81.
Professional experience requirements to be satisfied when applying for
practicing certificate in urban and rural planning formulation
An individual may be
issued with a practicing certificate in urban and rural planning formulation if
he/she meets the general eligibility requirements prescribed in Article 79 of
this Decree and the professional experience requirements corresponding to each
class of practicing certificate as follows:
1. Class I: The applicant
has worked as a president or chairperson in charge of the formulation or urban
and rural planning in his/her professional field for at least 1 urban and rural
planning project approved by the Prime Minister of Vietnam or 2 urban and rural
planning projects (including 1 master planning or subdivision planning)
approved by the provincial People's Committee.
2. Class II: The
applicant has worked as a president or chairperson in charge of the formulation
or urban and rural planning in his/her professional field for at least 1 urban
and rural planning project approved by the provincial People’s Committee or 2
urban and rural planning projects approved by the commune-level People’s
Committee.
3. Class III: The
applicant has participated in the formulation of urban and rural planning in
his/her professional field for at least 2 approved urban and rural planning
projects.";
o) Amendments to Point b
Clause 5 Article 98: “b) For an organization engaged in urban and rural
planning formulation: the individual who works as a president or chairperson in
charge of specialized fields concerning urban and rural planning, architecture,
transportation, electricity, and water supply and drainage of an urban and
rural planning project must hold a corresponding practicing certificate, as
specified in Section 2 Appendix VII of this Decree, of a class appropriate to
that of the competency certificate applied for;”
p) Amendments to Article
103:
“Article 103. Capacity
requirements to be satisfied by organizations engaged in urban and rural
planning formulation
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1. Class I:
a) At least 2 individuals
who work as president or chairperson in charge of each of the specialized
fields concerning urban and rural planning, architecture, transportation,
electricity, and water supply and drainage of the urban and rural planning
project have class-I practice certificates relevant to their specialized
fields;
b) The organization has
formulated at least 1 urban and rural planning project that falls under the
jurisdiction of and has been approved by the Prime Minister of Vietnam, or 2
urban and rural planning projects (including 1 master planning project) that
fall under the jurisdiction of and have been approved by the provincial
People’s Committee.
2. Class II:
a) The individual who
works as president or chairperson in charge of the specialized fields
concerning urban and rural planning, architecture, transportation, electricity,
and water supply and drainage of the urban and rural planning project holds a
practicing certificate of class II or higher, relevant to his/her specialized
field;
b) The individual
mentioned above has formulated at least 1 urban and rural planning project that
falls under the jurisdiction of and has been approved by the provincial
People’s Committee.
3. Class III:
The individual who works
as president or chairperson in charge of the specialized fields concerning
urban and rural planning, architecture, transportation, electricity, and water
supply and drainage of the urban and rural planning project holds a practicing
certificate of class III or higher, relevant to his/her specialized field.”;
q) “quy hoạch đô thị, quy
hoạch xây dựng” (urban planning and construction planning) in Clause 13 Article
122 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural
planning).
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2
Urban and rural
planning formulation
Entitled to formulate
planning objectives and all urban and rural planning
Entitled to formulate
planning objectives and urban and rural planning under the approval
jurisdiction of provincial People’s Committees
Entitled to formulate
planning objectives and urban and rural planning under the approval
jurisdiction of commune-level People’s Committees
2. Amendments to Decree
No. 111/2024/ND-CP dated September 6, 2024 of the Government of Vietnam:
a) “quy hoạch xây dựng”
(construction planning) in Clause 2 Article 1, Clause 3 Article 3, Point b
Clause 1 Article 7, Clause 4 Article 8, title of Clause 5 and Point b Clause 5
Article 10, and Clause 5 Article 12 is replaced with “quy hoạch đô thị và nông
thôn” (urban and rural planning);
b) Amendments to Article
6:
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1. Information and data
in urban and rural planning databases shall be classified as follows:
a) Urban planning;
b) Rural planning;
c) Functional zone
planning;
d) Underground space
planning for centrally affiliated cities;
dd) Specialized planning
for urban technical infrastructures for centrally affiliated cities.
2. Information on urban
and rural planning collected and updated in urban and rural planning databases
includes:
a) General information:
Name of the planning and planning type; location, area scale of the planning
site; planning formulation agency/organization; planning appraisal agency,
planning approval authority; year of planning approval;
b) Detailed information:
Dossiers and documents on the urban and rural planning and some or all
information within such dossiers and documents, including the decision on
approval for the urban and rural planning objectives and planning by the
competent authority; drawings, general descriptions, urban designs (if any),
and regulations on management based on the approved planning (if any); plan to
implement the urban and rural planning; other relevant information (if any).
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4. Master data in urban
and rural planning databases includes the information codes prescribed in Point
a Clause 2 Article 8 of this Decree and the general information specified in
Point a Clause 2 of this Article.”;
c) “đồ án quy hoạch xây dựng”
(construction planning projects) in the title of Clause 2 Article 8 and Clause
1 Article 10 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural
planning).
3. Amendments to Decree
No. 100/2024/ND-CP dated July 26, 2024 of the Government of Vietnam:
a) “quy hoạch xây dựng”
(construction planning) in Article 5 and Point a Clause 2 Article 27 is
replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);
b) “quy hoạch xây dựng”
(construction planning) in Clause 1 Article 58 is replaced with “quy hoạch”
(planning);
4. Amendments to Decree
No. 98/2024/ND-CP dated July 25, 2024 of the Government of Vietnam:
a) “Pursuant to the Law
on Urban and Rural Planning dated November 26, 2024" is added to the
grounds
b) “quy hoạch xây dựng”
(construction planning) in Point c Clause 2 Article 24 is replaced with “quy hoạch
đô thị và nông thôn” (urban and rural planning);
c) “quy hoạch đô thị, quy
hoạch xây dựng” (urban planning and construction planning) in Clause 5 Article
6 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).
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a) “quy hoạch xây dựng”
(construction planning) in Clause 2 Article 37 and Appendix X, Appendix XII,
and Appendix XIII is replaced with “quy hoạch đô thị và nông thôn” (urban and
rural planning);
b) “quy hoạch xây dựng”
(construction planning ) in Point a Clause 2 Article 4, Point b Clause 2
Article 9, Point d Clause 3 Article 10, and Clause 2 Article 35 is replaced
with “quy hoạch đô thị và nông thôn” (urban and rural planning).
6. Amendments to Decree
No. 95/2024/ND-CP dated July 24, 2024 of the Government of Vietnam:
a) “quy hoạch xây dựng,
quy hoạch đô thị” (construction planning and urban planning) in Article 14 and
Appendix II is replaced with “quy hoạch đô thị và nông thôn” (urban and rural
planning);
b) “quy hoạch xây dựng
nhà ở công vụ, quy hoạch xây dựng công trình thuộc dự án quan trọng quốc gia”
(planning for construction of official housing, planning for construction of
facilities under projects of national importance) in Point a Clause 1 Article
68 is replaced with từ “quy hoạch để xây dựng nhà ở công vụ, công trình thuộc dự
án quan trọng quốc gia” (planning for construction of official housing and
facilities under projects of national importance);
c) “quy hoạch xây dựng”
(construction planning) in Form No. 02 in Appendix V is replaced with “quy hoạch
đô thị và nông thôn” (urban and rural planning).
7. Amendments to Decree
No. 10/2024/ND-CP dated February 1, 2024 of the Government of Vietnam:
a) “quy hoạch xây dựng
khu công nghệ cao” (planning for construction of hi-tech parks) in Clause 5
Article 4, Clause 2 Article 9, Clause 5 Article 10, Point c Clause 3 Article
24, Clause 6 Article 45, and Point d Clause 4 Article 47 is replaced with “quy
hoạch khu công nghệ cao” (hi-tech park planning);
b) “xây dựng”
(construction) is removed from “quy hoạch xây dựng” (construction planning) in
Clause 1 Article 17, Clause 6 Article 44, and Clause 7 Article 45;
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8. Amendments to Decree
No. 35/2022/ND-CP dated May 28, 2022 of the Government of Vietnam:
a) “xây dựng”
(construction) is removed from “quy hoạch xây dựng khu công nghiệp” (industrial
park construction planning), “quy hoạch xây dựng khu kinh tế” (economic zone
construction planning), “quy hoạch chung xây dựng”(construction master
planning), “quy hoạch phân khu xây dựng” (construction subdivision planning),
and “quy hoạch chi tiết xây dựng” (construction detailed planning) in Decree
No. 35/2022/ND-CP dated May 28, 2022 of the Government of Vietnam;
b) “quy hoạch xây dựng
nhà ở” (planning for housing construction) in Point d Clause 4 Article 4,
Clause 7 Article 9, and Clause 5 Article 29 is amended into “quy hoạch, xây dựng
nhà ở” (planning, housing construction);
c) “quy hoạch xây dựng”
(construction planning ) in Clause 12 Article 7, Point a Clause 3 Article 27,
Point a Clause 3 Article 29, Clause 1 Article 38, and Point a Clause 2 Article
68 is replaced with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn”
(planning according to urban and rural planning laws);
c) “quy hoạch xây dựng”
(construction planning) in Clause 2 Article 51 and Point l Clause 3 Article 69
is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).
9. Amendments to Decree
No. 85/2020/ND-CP dated July 17, 2020 of the Government of Vietnam:
a) Amendments to Clause 1
Article 17: “1. There is a design task in conformity with the urban and rural
planning and regulations on architectural management (if any) approved and
promulgated by the competent authority.”;
b) “quy hoạch xây dựng
nông thôn” (rural construction planning) in Point e Clause 1 Article 13 is
replaced with “quy hoạch nông thôn” (rural planning.
Article
29. Entry into force
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2. The following legal
documents shall be annulled:
a) Decree No.
37/2010/ND-CP dated April 7, 2010 of the Government of Vietnam;
b) Decree No.
44/2015/ND-CP dated May 6, 2015 of the Government of Vietnam;
c) Decree No.
72/2019/ND-CP dated August 30, 2019 of the Government of Vietnam.
3. Articles 1 and 2 of
Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government of Vietnam are
annulled.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha