Circular No. 07/2008/TT-BXD guiding the preparation, examination, approval, and management of construction planning

CIRCULAR

Guidelines for drafting, reviewing, approving, and managing construction planning

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on construction planning;

The Ministry of Construction guides the implementation of the drafting, reviewing, approving, and managing of construction planning as specified in Sections 1, 2, 3, 4, 5 of Article 38 and Article 41 Section 6 Chapter II of Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on construction planning (hereinafter referred to as Decree No. 08/2005/NĐ-CP), as follows:

Part I

GENERAL PROVISIONS

1. When drafting construction planning, it must be based on all grounds prescribed in Articles 7, 15, and 23 of Decree No. 08/2005/NĐ-CP and follow the sequence from regional construction planning, general construction planning to detailed construction planning. In cases where sufficient grounds are not available as prescribed, they must rely on the overall direction of various sectors, local development programs and plans, and economic and social factors affecting the area of construction planning to serve as the basis for drafting construction planning.

2. The tasks of planning may be adjusted during the drafting of the planning project.

When drafting detailed construction planning projects, if there are contents different from the approved planning tasks without changing the scope, area, and nature of the planning area, it is not necessary to draft the planning tasks again. The competent authority only needs to approve the planning tasks again to ensure consistency with the detailed construction planning project.

3. Management boards of high-tech zones and special economic zones are responsible for organizing the drafting of detailed construction planning for functional areas within their jurisdiction and submitting them to the competent state authorities for review and approval according to the guidelines set out in this Circular.

4. For construction planning of areas of significant economic-political-social-security-military importance as determined in the planning tasks, the competent authority approving the construction planning must seek opinions from higher-level management agencies before approving such construction planning.

5. For functional areas outside urban areas (urban areas, tourist areas, heritage areas, relic conservation areas, educational training areas, healthcare areas, industrial clusters, etc.) with a scale of over 500 hectares, comprehensive general construction planning must be carried out before detailed construction planning.

6. For investment construction projects located outside urban areas, organized by a single investor to implement integrated infrastructure systems and architectural works, detailed construction planning at a scale of 1/500 can be conducted but must ensure reasonable connection of external infrastructure.

7. For investment construction projects organized by a single investor with a scale smaller than 5 hectares (smaller than 2 hectares for residential building construction projects), detailed construction planning at a scale of 1/500 need not be drafted. The overall site plan, architectural design solutions, and technical infrastructure solutions in the basic design content must comply with detailed construction planning at a scale of 1/2000; ensuring the connection of technical infrastructure and compatibility with the surrounding architectural space.

8. For detailed construction planning projects of areas for public welfare facilities and key technical infrastructure, if three years have passed since the approval of the detailed construction planning without implementation and it remains consistent with development orientation and social benefits, the authority approving the planning shall decide to adjust the implementation time based on remediation measures and specific plans, while also informing and explaining to organizations and individuals in the planning area about the adjustment and implementation.

9. Construction planning (for five, ten-year periods or longer) has predictive nature, therefore, when implementing, if factors arise that change the predictions of the construction planning, municipal people's committees at all levels need to organize adjustments to the construction planning.

10. Planning projects must ensure compliance with applicable construction standards and norms and the approved planning tasks.

11. Competent authorities at all levels are responsible for approving construction planning in writing with the contents guided in Part V of this Circular.

The dossier includes a comprehensive explanatory report and drawings attached to the decision approving the construction planning stamped by the agency reviewing the planning project.

Consulting agencies drafting construction planning projects are responsible for the research and economic-technical calculations reflected in the explanatory reports and drawing files of the approved planning projects.

12. The drafting, reviewing, and approving of planning tasks and planning projects for centralized industrial zones and export processing zones, which have been approved by the Prime Minister regarding the principle, shall be implemented in accordance with current laws and regulations.

13. The format of the dossier, content of the explanatory report, diagrams, maps, and drawings of planning tasks and planning projects must comply with the provisions of the Ministry of Construction.

14. The organization of drafting, reviewing, and approving planning tasks and planning projects shall be carried out in accordance with the provisions of Parts II, III, IV, V, and VI of this Circular, except for cases with separate decisions of the Prime Minister.

Part II

DRAFTING CONSTRUCTION PLANNING

I. REGIONAL CONSTRUCTION PLANNING

1. Tasks of Regional Construction Planning

The content of regional construction planning tasks must clearly define the scope, objectives, nature, some expected indicators regarding population size, land, technical infrastructure, and social infrastructure according to development stages, and requirements for researching spatial organization and regional significance infrastructure systems; list of project dossier documents.

The scope of the regional construction planning is determined based on the assessment of factors that directly or indirectly affect and have a decisive or significant impact on the socio-economic development of the region. The scope of the regional construction planning may be based on administrative boundaries or influence areas without being bound by the administrative boundaries of the region.

Depending on the nature and scope of the regional construction planning, the planning tasks need to determine appropriate research contents in accordance with Decision No. 03/2008/QD-BXD dated March 31, 2008, of the Ministry of Construction.

2. Master Plan for Regional Construction

The research content, explanation, and drawings of the master plan for regional construction shall be carried out in accordance with Decision No. 03/2008/QD-BXD dated March 31, 2008, of the Ministry of Construction. Depending on specific objects, the following contents should be focused on:

a) For regions within the boundaries of one or more administrative units such as inter-provincial regions, large urban regions, provincial regions, inter-district regions, district regions, it is necessary to identify potential, driving forces, and exploitation capabilities for regional development; forecast trends, speed of urbanization, zoning functions, population distribution; specialized functional zones; production facilities; determine key social infrastructure and technical infrastructure projects for the region.

b) For regions formed based on identified potentials and driving forces such as industry, ports, tourism, heritage, culture, natural scenery, economic corridors..., it is necessary to identify exploitation capabilities to serve as a basis for determining the scale of development, zoning functions, organization of population distribution, and appropriate technical infrastructure systems in line with regional development goals and characteristics.

For economic corridors along transportation axes, in addition to the above research contents, requirements for traffic safety corridors along the entire route must also be ensured.

II. GENERAL URBAN CONSTRUCTION PLANNING

1. Tasks of General Urban Construction Planning

The content of the tasks of general urban construction planning needs to focus on clarifying the objectives, development viewpoints, research boundaries, and the scope of general urban construction planning; development potentials and driving forces; some basic expected indicators regarding population, land, and technical infrastructure, social infrastructure; main requirements and principles for researching urban development directions, spatial structure organization, key infrastructure projects, and technical infrastructure systems; list of project dossier documents.

The tasks of general urban construction planning for different types of cities and functional zones with varying scales and characteristics need to determine appropriate research contents in accordance with Decision No. 03/2008/QD-BXD dated March 31, 2008, of the Ministry of Construction.

2. Master Plan for General Urban Construction

The research content, explanation, and diagrams, maps of the master plan for general urban construction shall be carried out in accordance with Decision No. 03/2008/QD-BXD dated March 31, 2008, of the Ministry of Construction. Depending on specific objects, the following contents should be focused on:

a) For centrally-administered cities, it is necessary to study major orientations regarding population distribution, functional zoning, organization of city-level centers (administrative, political, trade-service, cultural, health, education, etc.), key technical infrastructure projects, and organization of major technical infrastructure systems, especially large-scale underground systems (subway, road tunnels, parking lots, subway stations, etc.) related to urban architectural space organization on the surface and serving as a basis for general urban construction planning of districts.

b) For districts of centrally-administered cities, it is necessary to specify the spatial organization orientations and economic-technical indicators already defined in the master plan for the entire city; determine land use and urban architectural space organization within the district's boundaries according to the city-wide orientation; organize technical infrastructure networks (including underground works if any) and social infrastructure within the district ensuring compatibility and connection with surrounding areas and the entire city;

For suburban counties of centrally-administered cities, where development conditions and capabilities have been identified in the master plan for the entire city, general urban construction planning should be carried out according to the content of the master plan for district-level general urban construction planning..

c) For new cities, it is necessary to analyze and clarify the basis for the formation and development of the city; study spatial, architectural, and environmental models suitable for the city's characteristics and functions; determine development stages, implementation plans, key projects forming the new city, and management models for city development;

d) For high-tech zones and special economic zones, it is necessary to clarify their uniqueness and development goals; functional zoning; residential organization; determine development stages, plans, and resources for implementation;

e) For other functional zones outside cities (urban zones, tourist zones, heritage conservation zones, educational training zones, healthcare zones, industrial clusters, etc.) with an area exceeding 500 hectares, it is necessary to clarify functional zoning, connections with external technical facilities, and ensure residential and service areas for phased development.

III. DETAIL URBAN CONSTRUCTION PLANNING

1. Tasks of Detail Urban Construction Planning

a) The content of detail urban construction planning at a scale of 1/2000 needs to clearly define the objectives, boundary limits, area, and nature of the detailed planning zone; some expected indicators regarding land use, social infrastructure, and technical infrastructure; requirements and principles to ensure compatibility with architectural space and technical infrastructure connectivity with approved general urban construction planning and adjacent areas;

b) The content of detail urban construction planning at a scale of 1/500 needs to clearly define the boundary limits, area of the detailed planning zone; population, land, and technical infrastructure indicators; requirements and principles to ensure compatibility with approved detail urban construction planning at a scale of 1/2000 and surrounding areas.

c) The scope of detailed construction planning shall be determined based on management and investment construction needs, in accordance with priority urban development programs and projects.

2. Detailed Construction Planning Scheme for Urban Areas

The research content, explanatory notes, and diagrams, maps, drawings of the detailed construction planning scheme for urban areas shall be carried out in accordance with Decision No. 03/2008/QĐ-BXD dated March 31, 2008 of the Ministry of Construction. Depending on specific objects, the following contents should be focused on:

- For detailed construction planning at a scale of 1/2000: determine the land use function for each plot; principles of spatial organization, architectural landscape for the entire planned area; population and land use indicators, technical infrastructure indicators for each block; layout of technical infrastructure networks to main streets.

- For detailed construction planning at a scale of 1/500: determine population and land use indicators, technical infrastructure indicators, and architectural organization solutions for each plot; layout of technical infrastructure networks to plot boundaries and ensure feasibility when implemented.

a) For detailed construction planning for renovation and beautification, it is necessary to assess the current status of all construction works (residential buildings, public facilities, underground technical infrastructure, etc.), cultural-social factors, and environmental conditions of the design area to develop appropriate planning solutions regarding architectural landscapes and connectivity between technical works.

b) For new detailed construction planning or renovation along major urban roads, the planning scope must be a minimum of 50 meters on each side from the outer edge of the red line. For national highways or provincial roads serving as development axes, the planning scope must be a minimum of 100 meters on each side from the outer edge of the road safety zone.

c) For conservation areas and heritage sites, it is necessary to define the protection scope of these areas and structures, ensuring the preservation and enhancement of heritage values and scenic spots without hindering economic and social development.

3. Agencies Organizing Tasks and Schemes of Detailed Construction Planning for Urban Areas

a) Provincial People's Committee

Organize tasks and schemes of detailed construction planning at a scale of 1/2000 for functional zones of special-class, class 1, 2, and 3 cities; detailed construction planning at scales of 1/2000 and 1/500 for areas involving administrative boundaries of two districts or more; other functional zones outside urban areas (urban zones, tourist zones, heritage zones, relic conservation zones, educational training zones, healthcare zones, industrial clusters, etc.); functional zones within new urban areas; functional zones within inter-provincial new urban areas where the detailed construction planning scope falls within the administrative boundary of one province.

For functional zones within inter-provincial new urban areas where the detailed construction planning scope involves administrative boundaries of two provinces or more, the relevant provincial people's committees are responsible for coordinating to organize detailed construction planning at scales of 1/2000 and 1/500.

b) District People's Committee

Organize tasks and schemes of detailed construction planning at a scale of 1/2000 for functional zones of class 4 and 5 cities; detailed construction planning at a scale of 1/500 for functional zones of cities from special-class to class 5, excluding detailed construction planning guided by Point a, Clause 3, Section III, Part II of this Circular.

c) Project investors of concentrated construction projects are responsible for organizing tasks and schemes of detailed construction planning at a scale of 1/500 within the project scope they invest in.

The research content and drawings of the detailed construction planning scheme for urban areas shall be carried out in accordance with Decision No. 03/2008/QĐ-BXD dated March 31, 2008 of the Ministry of Construction.

IV. RURAL SETTLEMENT CONSTRUCTION PLANNING

1. Tasks of Rural Settlement Construction Planning:

Forecast the population size of the commune according to each planning phase; requirements and main principles for studying the arrangement and layout of the commune center, rural settlements, functional zones, key facilities, and the entire technical infrastructure system of the commune; requirements and principles for renovation, beautification, and expansion of residential areas and public service facilities; population, land, and technical infrastructure indicators of the commune center and rural settlements being planned; list of project documentation.

For communes with potential and development factors already identified in the provincial or district-level general construction planning scheme, it is necessary to determine the proposed construction projects.

2. Scheme of Rural Settlement Construction Planning:

- Determine the driving forces of development, trends of urbanization, forecast the population size, forecast the land use for the entire commune, commune center, and each rural settlement; areas with development potential; the entire commune's technical infrastructure network; determine the location and scale of public service facilities. Describe the contents that need to be renovated, beautified, or newly constructed in line with the development of each rural settlement in each phase.

- Define the boundaries, area, and population, population and land construction indicators, social and technical infrastructure indicators; land use structure, zoning functions, spatial organization solutions, and technical infrastructure, prioritized construction investment projects of the commune center and rural settlements being planned.

Part III

SEEKING OPINIONS ON CONSTRUCTION PLANNING

Seeking opinions on tasks and schemes of construction planning shall be carried out in accordance with Articles 15, 17, 19, 21, 23, and 26 of the Construction Law; Article 25 of Decree No. 08/2005/NĐ-CP and the following specific guidelines:

1. Seeking opinions on tasks and schemes of regional construction planning and general urban construction planning:

During the process of organizing tasks and schemes of regional construction planning and general urban construction planning, consulting organizations are responsible for seeking opinions from related agencies and organizations in writing before reporting to the competent authority for review and approval.

2. Soliciting opinions on detailed urban construction planning schemes:

During the process of preparing detailed urban construction planning schemes, consulting organizations are responsible for coordinating with local authorities to gather opinions from organizations and individuals within the planning area through meetings, direct exchanges, or distributing questionnaires at city, district, and ward information centers to facilitate public access and feedback on the planning content. All contributions must be fully compiled and reported to the competent authority for review before approval.

3. Based on the mission dossier, planning scheme, and results of soliciting opinions, the authorized person approving the construction planning scheme decides on selecting the planning scheme.

The approved construction planning scheme must align with development orientations; ensure feasibility and harmony between state and community interests. At the same time, it must include specific plans and solutions to address the limitations and issues of the selected scheme based on collected feedback.

Part IV

REVIEW AND SUBMISSION FOR APPROVAL OF CONSTRUCTION PLANNING

I. REVIEW OF MISSION DOSSIERS AND PLANNING SCHEMES

Implemented according to Articles 11, 19, 28, and 36 of Decree 08/2005/NĐ-CP and specifically guided as follows:

b) For social welfare facilities under the authority to decide on establishment of the Provincial People's Committee, the appraisal body is the Department of Home Affairs;

a) Ministry of Construction

Reviewing mission dossiers and planning schemes within the Prime Minister's approval authority.

b) Department of Construction or Department of Planning and Architecture (for provinces and cities with a Department of Planning and Architecture)

Reviewing mission dossiers and planning schemes within the approval authority of the Chairman of the Provincial People's Committee, including:

- Regional construction planning of provinces, counties, and inter-county regions, and other areas within provincial administrative boundaries (natural landscape regions, heritage conservation regions, tourist regions...); general construction planning of cities classified as type 3, type 4, and type 5, and new cities with equivalent population sizes; general construction planning of districts under centrally-administered cities, and other non-urban functional zones larger than 500 hectares;

- Detailed construction planning schemes at a scale of 1/2000 for special-class, class 1, class 2, and class 3 cities' functional zones; detailed planning schemes at scales of 1/2000 and 1/500 for areas with detailed planning scopes spanning two or more districts or counties; other non-urban functional zones (urban zones, tourist zones, heritage conservation zones, educational and training zones, healthcare zones, industrial clusters...), high-tech zones, special economic zones, functional zones in new cities, and functional zones in inter-provincial new cities with detailed planning scopes within one province's administrative boundaries;

c) County-level construction management agencies review mission dossiers and detailed urban construction planning schemes within the approval authority of the Chairman of the County People's Committee, including detailed construction planning schemes at a scale of 1/2000 for cities classified as type 4 and type 5's functional zones; detailed construction planning schemes at a scale of 1/500 for functional zones of cities from special-class to type 5; detailed construction planning schemes for investment construction projects and rural settlement construction planning (excluding detailed construction planning schemes guided at Point a Clause 3 Section III Part II of this Circular).

2. Review Board:

a) For planning schemes within the Prime Minister's approval authority, the Ministry of Construction decides on the establishment, composition, and number of Review Board members;

b) For planning schemes within the approval authority of various levels of People's Committees, the authorized approver decides on the establishment of the Review Board;

The composition of the Review Board includes relevant state management agencies, local authorities, and related professional associations.

Depending on the nature and scale of each planning scheme, the authorized person decides whether to organize a Review Board or not.

3. Contents of Review:

a) Legal bases for preparing planning schemes;

b) Documentation format; documentation components; contents of mission dossiers and planning schemes according to this Circular and Decision No. 03/2008/QĐ-BXD dated March 31, 2008 of the Ministry of Construction.

II. SUBMISSION FOR APPROVAL OF MISSION DOSSIERS AND PLANNING SCHEMES

1. Submitting Authority:

a) The Ministry of Construction submits to the Prime Minister for approval mission dossiers and planning schemes for key regional areas, inter-provincial regions; general planning schemes for new inter-provincial cities; general planning schemes for high-tech zones, special economic zones, special-class, class 1, and class 2 cities, new cities with populations equivalent to class 2 cities and above, and other planning schemes as required by the Prime Minister;

b) Provincial People's Committees submit to the Ministry of Construction for review and submission to the Prime Minister for approval mission dossiers and planning schemes for special-class, class 1, and class 2 cities, new cities with populations equivalent to class 2 cities and above, and general planning schemes for high-tech zones and special economic zones;

c) Relevant provincial People's Committees jointly submit to the Ministry of Construction for approval mission dossiers and planning schemes for detailed construction planning schemes at scales of 1/2000 and 1/500 for functional zones in inter-provincial new cities with detailed planning scopes spanning two or more provinces;

d) Departments of Construction or Departments of Planning and Architecture (for provinces and cities with Departments of Planning and Architecture) submit to the Provincial People's Committee for approval mission dossiers and planning schemes:

- Regional construction planning of provinces, inter-county regions, and other areas within provincial administrative boundaries (landscape regions, heritage conservation regions...);

- General construction planning for new cities with populations equivalent to cities classified as type 3, type 4, and type 5, and other non-urban functional zones (urban zones, tourist zones, heritage conservation zones, educational and training zones, healthcare zones, industrial clusters...) larger than 500 hectares;

- Detailed urban planning at a scale of 1/2000 for functional areas of special-class cities, class 1, class 2, and class 3 cities; detailed planning at scales of 1/2000 and 1/500 for areas with detailed planning scopes covering administrative boundaries of two districts or more; other urban functional areas outside cities (urban areas, tourist areas, heritage conservation areas, educational and training areas, healthcare areas, industrial clusters, etc.); urban functional areas in new cities; urban functional areas within inter-provincial new cities where the detailed planning scope covers provincial administrative boundaries.

e) People's Committee of the district level

Submit to the People's Committee of the province for approval of tasks and plans for regional town planning, general urban planning for cities of class 3, class 4, and class 5; general urban planning for districts and counties of centrally-administered municipalities.

f) Construction management agency at the district level

Submit to the People's Committee of the district for approval of tasks and plans for detailed urban planning at a scale of 1/2000 for functional areas of cities of class 4 and class 5; detailed urban planning at a scale of 1/500 for functional areas of cities from special-class to class 5 and detailed urban planning for concentrated construction projects (excluding detailed urban planning as specified in Point a Clause 3 Section III Part II of this Circular).

g) People's Committee of the commune submit to the People's Committee of the district for approval of tasks and plans for rural residential area construction planning.

h) Management board of high-tech zones and special economic zones submit to the People's Committee of the province for approval of tasks and plans for detailed urban planning at scales of 1/2000 and 1/500 for functional areas within their jurisdiction.

i) Investors of concentrated construction projects submit to the People's Committee of the district or province for approval of tasks and plans for detailed urban planning at a scale of 1/500 within the project investment scope.

2. Documentation for tasks and plans for urban planning:

a) Documentation for submitting for approval of urban planning tasks includes the proposal for approval, content of the task, drawings as prescribed, and related legal documents.

b) Documentation for submitting for approval of urban planning plans includes the proposal for approval, comprehensive explanation, and reduced color prints of drawings.

The number of submitted documents shall be based on the requirements of the urban planning management agency according to the nature and scale of each type of urban planning but shall not be less than twenty sets.

c) Documentation for reviewing tasks and plans for urban planning includes the proposal for approval, comprehensive explanation, attached calculation appendices, reduced color prints of drawings, and black-and-white drawings at the prescribed scale, and related legal documents; the minimum number of sets is three.

Part V

APPROVAL OF URBAN PLANNING

I. APPROVING AUTHORITIES

Implementing the provisions of Articles 11, 19, 28, and 36 of Decree 08/2005/ND-CP and the following specific guidelines:

1. Ministry of Construction

Approve tasks and plans for urban planning within the Prime Minister’s authority when delegated and detailed urban planning at scales of 1/2000 and 1/500 for urban functional areas within inter-provincial new cities where the planning scope covers multiple provincial administrative boundaries.

2. People's Committee of the province

a) Approve tasks and plans for provincial regional planning, inter-district regional planning, county regional planning, and other regions within the provincial administrative boundary (landscape regions, heritage conservation regions, etc.);

b) Tasks and plans for general urban planning for cities of class 3, class 4, and class 5, new cities with a population equivalent to cities of class 3, class 4, and class 5, general urban planning for districts of centrally-administered municipalities, and other urban functional areas outside cities (urban areas, tourist areas, heritage conservation areas, educational and training areas, healthcare areas, local industry areas, etc.) larger than 500 hectares;

c) Tasks and plans for detailed urban planning at a scale of 1/2000 for functional areas of special-class, class 1, class 2, and class 3 cities; detailed urban planning at scales of 1/2000 and 1/500 for areas with detailed planning scopes involving administrative boundaries of two districts or more; other urban functional areas outside cities (urban areas, tourist areas, heritage conservation areas, educational and training areas, healthcare areas, local industry areas, etc.); urban functional areas in new cities; urban functional areas in high-tech zones and special economic zones;

d) For tasks and plans for detailed urban planning at scales of 1/2000 and 1/500 for urban functional areas within inter-provincial new cities where the planning scope covers a single provincial administrative boundary, the Ministry of Construction's professional opinion must be obtained before approval.

3. People's Committee of the district

a) Approve tasks and plans for detailed urban planning at a scale of 1/2000 for functional areas of cities of class 4 and class 5; detailed urban planning at a scale of 1/500 for functional areas of cities from special-class to class 5; detailed urban planning for concentrated construction projects; planning for rural residential areas (except for detailed urban planning as specified in Point a Clause 3 Section III Part II of this Circular).

b) For tasks and plans for detailed urban planning at a scale of 1/2000 for urban functional areas of cities of class 4 that are provincial capitals, the People's Committee of the district must seek the opinion of the People's Committee of the province and obtain a professional opinion from the Department of Construction or the Department of Planning and Architecture (for provinces and cities with a Department of Planning and Architecture) before approval.

c) Tasks and plans for detailed urban planning for residential areas, resettlement areas, etc., within projects approved by the National Assembly for investment (hydroelectric projects, mining and processing projects, etc.); detailed urban planning at a scale of 1/500 for concentrated construction projects after obtaining a professional opinion from the Department of Construction or the Department of Planning and Architecture (for provinces and cities with a Department of Planning and Architecture).

II. CONTENT OF APPROVAL OF URBAN PLANNING

1. For regional urban planning

a) The content of the decision approving the planning assignment for regional construction planning includes: the scope and boundaries of the regional construction planning area; objectives and viewpoints; economic and technical indicators expected regarding urbanization rates and population within the region at different development stages; research requirements for organizing spatial systems of urban and rural residential areas, other functional zones, technical infrastructure systems, and social infrastructure with regional significance; the list of project dossier documents.

b) The content of the decision approving the regional construction planning project includes: the scope and boundaries of the region; the nature and main economic and technical development indicators of the region; growth poles, urbanization axes, and migration trends; urban and rural population sizes of the entire region at different development stages; the location, nature, function, level, type, and population size of each city within the region at different development stages; organization of spatial functional zones; production facilities; social infrastructure; technical infrastructure with regional significance; issues related to national defense, security, and environmental protection measures; priority programs and projects for investment and anticipated resources for implementation; organizational implementation issues.

2. For overall urban construction planning

a) The content of the decision approving the planning assignment for overall urban construction planning includes: the scope and boundaries of the overall urban construction planning area; the nature of the city; some basic expected indicators regarding population, land, and technical infrastructure; major research requirements regarding the direction of urban development, spatial structure, key facilities, and main solutions for organizing the technical infrastructure system; the list of project dossier documents.

b) The content of the decision approving the overall urban construction planning project includes: the scope and boundaries of the city; the nature and function of the city; urban and rural population sizes and land areas of the city at different development stages; main economic and technical indicators and directions for urban development; spatial structure and administrative boundaries of the inner and outer cities; land use structure according to functions; locations, sizes of key functional zones; sources, locations, sizes, capacities of key facilities and main networks of urban technical infrastructure (including underground facilities if any); regulations on urban architecture and landscape; issues related to national defense, security, and environmental protection measures; priority programs and projects for investment and resources for implementation; organizational implementation issues.

3. For detailed construction planning

a) The decision approving the detailed construction planning assignment for urban areas includes the following contents:

- For detailed construction planning at a scale of 1/2000: the scope, boundaries, area, and nature of the detailed planning area; some basic expected indicators regarding population, land use, social infrastructure, and technical infrastructure; requirements and principles for spatial organization, architecture, and technical infrastructure connectivity; the list of project dossier documents;

- For detailed construction planning at a scale of 1/500: the scope, boundaries, area of the detailed planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; requirements and principles for space, architecture, technical infrastructure connectivity, and other research requirements; the list of construction projects to be invested and built in the planning area; the list of project dossier documents.

b) The decision approving the detailed urban construction planning project includes the following contents:

- For detailed construction planning at a scale of 1/2000: the scope, boundaries, area, and nature of the detailed planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; land use structure; spatial organization, architectural, and urban design solutions for each block; source and organization solutions for technical infrastructure networks along streets; resettlement organization solutions (if applicable); environmental protection solutions; priority construction items and resources for implementation; organizational implementation issues.

- For detailed construction planning at a scale of 1/500: the scope, boundaries, area, and nature of the detailed planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; land use structure; spatial organization, architectural, and urban design solutions for each plot; source and organization solutions for technical infrastructure networks to each plot; resettlement organization solutions (if applicable); environmental protection solutions; priority construction items and resources for implementation; organizational implementation issues; the list of construction projects in the planning area.

4. For rural residential area construction planning

a) The content of the decision approving the planning assignment for rural residential area construction planning includes: the boundaries, area, and population size of the commune at each planning stage; main requirements and principles for studying the arrangement and layout of the commune center, rural residential areas, functional zones, sources, key facilities, and technical infrastructure systems; requirements and principles for renovation, beautification, and expansion of residential areas, public service facilities, and production facilities; population, land, and technical infrastructure indicators of the commune center and rural residential areas planned; the list of project dossier documents.

b) The content of the decision approving the rural residential area construction planning project includes:

- Population size, construction land fund for the entire commune, commune center, and each rural residential area; areas with potential for development; network of technical infrastructure facilities for the entire commune; determination of the location and size of public service facilities such as administrative, educational, health, cultural, sports, commercial, and service facilities of the commune; description of the contents that need to be renovated, beautified, or newly constructed in accordance with the development of each rural residential area at each stage; proposed construction projects to be invested in building.

- Boundaries, scale, area, and population; land use indicators and technical infrastructure; land use structure, functional zoning, spatial organization and technical infrastructure solutions; planned construction projects for commune centers and rural residential areas.

III. RECORD KEEPING:

The files of approved planning tasks and construction plans include comprehensive descriptions, scaled drawings as required, and CDs containing all description and drawing content, which are stored at the following agencies:

1) Files of planning tasks and construction plans within the approval authority of the Prime Minister are stored at the Ministry of Construction, provincial People's Committees, and relevant provincial construction planning management agencies.

2) Files of planning tasks and construction plans within the approval authority of provincial People's Committees are stored at provincial construction planning management agencies (Department of Construction or Department of Planning and Architecture), district People's Committees, district construction planning management agencies, and directly related village People's Committees.

3) Files of planning tasks and construction plans within the approval authority of district People's Committees are stored at provincial and district construction planning management agencies, and directly related village People's Committees.

PART VI

AMENDMENTS TO URBAN PLANNING

Amendments to urban planning are stipulated in Articles 12, 20, 29, and 37 of Decree No. 08/2005/NĐ-CP, and are detailed as follows:

1. All levels of People's Committees are responsible for regularly reviewing and inspecting the implementation of approved urban planning. Based on actual socio-economic development conditions and factors affecting urban development, the authorized planner decides on the timing and content of urban planning amendments.

2. When urban planning amendments are necessary, they should focus only on the amendment contents; non-amended parts of the approved plan retain their legal validity and must be reflected in the amendment plan file and continued to ensure the continuity and regularity of urban planning.

Additionally, current conditions need to be analyzed and assessed, with clear requirements for renovation and beautification identified to propose adjustments to land use indicators and architectural landscape space organization solutions for each area; solutions for improving technical and social infrastructure networks that meet development needs.

3. Partial amendments to urban planning involve changing one or several aspects such as function, scale, economic and technical indicators, etc., of one or several areas without altering major socio-economic development directions, architectural spatial layout, and primary technical infrastructure network arrangements established in previous urban planning.

4. When implementing partial amendments to urban planning, for construction plans within the approval authority of the Prime Minister, provincial People's Committees must formally seek the written opinion of the Ministry of Construction regarding the amendment content. For construction plans within the approval authority of provincial People's Committees, district People's Committees must formally seek the written opinion of provincial construction planning management agencies.

PART VII

MANAGEMENT OF URBAN PLANNING AND CONSTRUCTION

I. ANNOUNCEMENT AND DISCLOSURE OF URBAN PLANNING DOCUMENTS

The announcement and disclosure of urban planning documents are regulated in Article 38 and Article 39 of Decree No. 08/2005/NĐ-CP, and are specified as follows:

1. For regional planning documents:

a) The Ministry of Construction guides provincial People's Committees within the region in organizing the announcement and disclosure of inter-provincial regional planning documents.

b) Provincial People's Committees organize the announcement and disclosure of provincial regional planning documents, inter-district regional planning documents, district regional planning documents, and other functional regional planning documents (industrial zones, resort areas, heritage protection zones, natural scenic zones, and zones along transportation axes); district and commune People's Committees within the planning area have the responsibility to announce and disclose the aforementioned regional planning documents.

c) The contents of the announcement and disclosure of regional planning documents include:

- A diagram indicating the spatial development orientation for the region;

- A diagram indicating the orientation for developing the technical infrastructure system in the region.

- Regulations on managing regional planning.

2. For general urban planning documents:

a) Provincial People's Committees organize the announcement and disclosure of general urban planning documents within their administrative jurisdiction; district and commune People's Committees within the planning area have the responsibility to announce and disclose the aforementioned general urban planning documents.

b) The contents of the announcement and disclosure of general urban planning documents include:

- A diagram indicating the spatial development orientation for the city;

- A map of the overall land use plan for the city;

- Drawings of the technical infrastructure system and environmental protection planning;

- Regulations on managing general urban planning.

3. For detailed urban planning documents:

a) District and commune People's Committees have the responsibility to announce and disclose detailed urban planning documents related to their administrative jurisdiction.

b) The contents of the announcement and disclosure of detailed urban planning documents include:

- A map of the overall land use plan;

- Drawings of the technical infrastructure system and environmental protection planning;

- Regulations on managing detailed urban planning.

4. During the implementation of approved urban planning, investment construction projects that have been initiated or are ongoing need to be updated and disclosed promptly and fully so that organizations and individuals can know and monitor the implementation.

II. PROVISION OF INFORMATION ON URBAN PLANNING:

1. The provision of information on urban planning is carried out according to Article 33 of the Construction Law and Article 41 of Decree No. 08/2005/NĐ-CP.

2. Issuance of Urban Planning Certificates:

a) An urban planning certificate is a document confirming the information and data about the approved urban planning for organizations and individuals when needed.

b) The contents of an urban planning certificate include: information on land use planning, area, coordinates of boundary markers of the plot, red line and construction boundary, building density, land use coefficient, maximum height, minimum height; information on architecture, technical infrastructure systems, environmental protection, and other regulations, the validity period of the certificate according to the approved detailed planning.

c) The application dossier for issuing an urban planning certificate includes: Application form for issuing an urban planning certificate, location diagram and survey map at a scale of 1/500 or 1/200 performed by a legal entity.

d) The time limit for reviewing and issuing an urban planning certificate does not exceed 20 days from the date of receiving a valid dossier.

3. For areas without approved detailed urban planning at a scale of 1/500, construction management agencies (urban planning architecture) at all levels base on construction standards, urban architectural management regulations, detailed urban planning at a scale of 1/2000, or through the provincial Urban Planning Architecture Council to issue an agreement document instead of issuing an urban planning certificate.

The dossier for the architectural planning agreement includes: Application form for issuing an architectural planning agreement document, location diagram and survey map at a scale of 1/500 or 1/200 performed by a legal entity, explanatory notes and design drawings, preliminary design schemes including floor plans, elevations, and cross-sections of the project at appropriate scales.

The time limit for reviewing and issuing an architectural planning agreement does not exceed 20 days from the date of receiving a valid dossier.

PART VII

IMPLEMENTATION

1. This Circular replaces Circular No. 15/2005/TT-BXD dated August 19, 2005, issued by the Minister of Construction on guiding the preparation, review, and approval of urban planning documents;

2. The Department of Architecture and Urban Planning under the Ministry of Construction, the Construction Departments or the Urban Planning and Architecture Departments of provinces and centrally-administered cities are responsible for regularly and periodically inspecting the situation of preparing urban planning documents and the development of rural towns according to approved urban planning;

3. Construction planning management agencies at all levels in localities are responsible for reporting in writing every six months and annually on the planning and programs for preparing urban planning documents and the situation of implementing urban planning in their respective jurisdictions, specifically as follows:

a) District-level construction planning management agencies are responsible for reporting to the Construction Department or the Urban Planning and Architecture Department and the District People's Committee the above contents within the territory managed by the district (district, town, city directly under the province);

b) The Construction Department or the Urban Planning and Architecture Department is responsible for reporting to the Ministry of Construction and the Provincial People's Committee the above contents within the territory of the province or centrally-administered city according to the report format prescribed by the Ministry of Construction.

4. This Circular takes effect 15 days after its publication in the Official Gazette./.