Decision No. 05/2021/QD-TTg on the procedures and formalities for partial adjustment of the master plan of Da Nang City

Pursuant to …;

Provisions on the procedures and formalities for partial adjustment

of the master plan for Da Nang city

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Urban Planning Law dated June 17, 2009;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

Pursuant to Resolution No. 119/2020/QH14 dated June 19, 2020 of the National Assembly on piloting the organization of urban administration models and certain special mechanisms and policies for the development of Da Nang City;

Based on the Appraisal Report No. 242/BCTĐ-BTP dated November 9, 2020 of the Ministry of Justice;

At the proposal of the Minister of Construction and the People's Committee of Da Nang City;

The Prime Minister promulgates this Decision prescribing the procedures and formalities for partial adjustment of the Master Plan for Da Nang City.

Article 1. Delegation to the People's Committee of Da Nang City to implement the approval of partial adjustment of the Master Plan for Da Nang City according to the following procedures:

1. The People's Committee of Da Nang City shall direct and organize the preparation of a report on the content and plan for partial adjustment of the Master Plan for Da Nang City;

2. Organize the solicitation of opinions on the content of partial adjustment of the Master Plan;

3. Organize the appraisal of partial adjustment of the Master Plan;

4. Decide on the partial adjustment of the Master Plan;

5. Update and publish the content of partial adjustment of the Master Plan according to regulations;

6. Report the results of implementing the partial adjustment in the form of sending the Decision approving the partial adjustment to the Prime Minister, the Ministry of Construction, and the People's Council of Da Nang City.

Article 2. Preparation of the dossier for partial adjustment of the master plan ) are determined according to the following formula:

1. Analyze and clarify the reasons leading to the need for partial adjustment of the Master Plan and such adjustment may only be made if there is one of the following cases:

a) There is an adjustment in the strategy for socio-economic development, national defense, security, national-level planning, regional planning, provincial planning, or an adjustment in administrative boundaries that significantly affects the nature, function, or scale of the urban area or the area where the planning is being developed;

b) Formation of key projects of national significance that significantly affect land use, the environment, and the urban architectural spatial layout;

c) The urban planning cannot be implemented or its implementation causes adverse effects on socio-economic development, national defense, security, social welfare, and ecological environment, historical and cultural relics determined through the review and evaluation of urban planning implementation and community opinions;

d) There is a change in climatic, geological, or hydrological conditions;

đ) To serve national interests and public interests.

2. Determine the scope, extent, content of the adjustment, and planning indicators regarding land use; spatial organization, architecture, landscape; technical infrastructure network and social infrastructure based on the analysis and assessment of the current situation; development requirements; and the requirements for renovation and beautification of the areas proposed for adjustment.

3. Analyze and assess the contents of the proposed partial adjustment to ensure: no change in the nature, boundaries, and overall development orientation of the urban area; no overloading of technical infrastructure and social infrastructure in the areas proposed for planning adjustment; the continuity and consistency of the existing Master Plan.

4. Analyze and assess the economic and social effectiveness of the partial adjustment; the plan for partial adjustment of the Master Plan; and determine solutions to address any issues arising from the adjustment of the planning.

5. The dossier includes a report on the content and plan for partial adjustment of the Master Plan, drawings, relevant legal documents, and the draft Decision approving the partial adjustment by the People's Committee of Da Nang City.

Article 3. Solicitation of opinions on the content of partial adjustment of the Master Plan

1. Solicit opinions from the community residents in the areas proposed for planning adjustment and surrounding areas directly affected by the partial adjustment of the Master Plan. Solicit opinions from agencies and organizations related to the proposed partial adjustment contents (if necessary).

2. Any contributions from representatives of the community and related agencies and organizations (if any) must be compiled and explained in writing. The contents of the opinions must be analyzed and explained fully to complete the planning schemes in a way that ensures compatibility, feasibility, and harmony between the interests of the State and the community. The explanatory document incorporating the opinions is part of the dossier submitted for appraisal and approval of the partial adjustment of the Master Plan for Da Nang City.

3. Forms and time for soliciting opinions:

a) Soliciting opinions from related agencies and organizations (if any) is carried out by submitting the dossier and documents or organizing meetings and seminars. Agencies and organizations solicited for opinions are responsible for responding in writing.

b) Soliciting opinions from the community residents is conducted through soliciting opinions from community representatives by distributing questionnaires or conducting interviews. Community representatives are responsible for compiling the opinions of the community in accordance with the law on grassroots democracy.

c) The period for soliciting opinions is at least 30 days for the community residents; 15 days for agencies and organizations.

Article 4. Appraisal for partial adjustment of the master plan ) are determined according to the following formula:

1. The provincial urban planning management agency (Department of Construction of Da Nang City) is the agency responsible for appraising the partial adjustment of the Master Plan.

2. The appraisal agency has the following responsibilities:

a) Appraise the legal bases, conditions for adjustment, and contents of the partial adjustment of the Master Plan as prescribed in Article 2 of this Decision to ensure legality, feasibility, and compliance with current standards;

b) Compile the appraisal results in writing and submit them to the People's Committee of Da Nang City for approval;

c) Bear responsibility under the law and to the decision-maker for the results of the appraisal of the partial adjustment of the Master Plan.

3. The appraisal period shall not exceed 30 days from the date of receipt of all valid documents as prescribed.

4. The dossier for submission to the appraisal shall comply with the regulations.

Article 5. Approval of partial adjustment of the Master Plan

1. The People's Committee of Da Nang City shall approve the partial adjustment of the Master Plan. Before approval, it must have a written agreement from the Ministry of Construction. The time for soliciting opinions from the Ministry of Construction shall not exceed 30 days from the date of receipt of all valid documents as prescribed.

2. In case of differing opinions between the People's Committee of Da Nang City and the Ministry of Construction regarding the content of partial amendments to the Master Plan, the People's Committee of Da Nang City shall examine and decide according to its authority on one of the two options: either not to make partial amendments to the Master Plan based on the non-unanimous opinion of the Ministry of Construction, or report to the Prime Minister for examination and decision.

3. The decision approving partial amendments to the Master Plan must include all contents and plans for partial amendments in accordance with the principle of focusing only on the necessary adjustments, while the parts of the approved Master Plan that remain unchanged retain their legal validity.

4. The approval time for partial amendments shall not exceed twenty-five days from the date of receiving complete valid files as prescribed (excluding the time for soliciting opinions from the Ministry of Construction).

5. The drawings and related documents accompanying the decision approving partial amendments to the Master Plan must be stamped with confirmation by the planning and appraisal agencies in full compliance with regulations.

Article 6. Updating, publishing, and storing partial amendments to the Master Plang

1. Update the contents of the approved partial amendments to the Master Plan into the issued Master Plan file, including the drawings and management regulations according to the approved Master Plan project to ensure consistency.

2. The content for public announcement includes all contents of partial amendments to the overall urban planning except those related to national defense, security, and state secrets.

3. Within fifteen days from the date the partial amendments to the Master Plan are approved by the competent authority, such partial amendments must be publicly announced through the following methods:

a) Information on mass media; regular and continuous posting on the electronic information website of the agency organizing the planning, the planning agency;

b) Organizing meetings and seminars to announce the partial amendments to the Master Plan, involving representatives of organizations and agencies related to the planning, the Vietnam Fatherland Front, representatives of the people in the planning area, and news agencies;

c) Regularly displaying the drawings, models, and urban planning database at the offices of state management agencies at all levels related to urban planning, exhibition centers, and urban planning information centers, in the areas where the planning is established;

d) In the decision approving partial amendments to the Master Plan, specify the address for sending to the Prime Minister for reporting and sending to the Ministry of Construction for coordination. Within thirty days from the date of the decision approving partial amendments to the Master Plan, the People's Committee of Da Nang City shall send one complete set of files in accordance with the regulations to the Ministry of Construction for management and storage as required by law;

đ) Widely print and distribute urban planning maps and management regulations on urban planning that have been approved.

Article 7. Implementation Provisions

1. This Decision takes effect from April 1, 2021.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairman of the People's Committee of Da Nang City, and Heads of relevant units are responsible for implementing this Decision./.