Decision No. 07/2023/QĐ-TTg on piloting the delegation of authority to approve partial amendments to the overall urban planning for functional zones and partial amendments to the overall urban planning for Buon Ma Thuot City, Dak Lak Province.

Pursuant to …;

Provisions on the pilot decentralization of approval authority, procedures, and approval formalities for partial amendments to the overall urban planning of functional zones and partial amendments to the overall urban planning of Buôn Ma Thuột City, Dak Lak Province

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

Pursuant to the Law on Organization of Local Administration 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 Law on Construction promulgated on June 18, 2014;

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

Pursuant to the Law amending and supplementing certain articles of 37 related laws on planning dated November 20, 2018;

Pursuant to Resolution No. 72/2022/QH15 dated November 15, 2022 of the National Assembly on piloting special mechanisms and policies for the development of Buôn Ma Thuột City, Dak Lak Province;

At the request of the Minister of Construction in Circular No. 08/TTr-BXD dated January 13, 2023 and the Report on Explanation and Adoption of Review Opinions No.04/BC-BXD dated January 13, 2023;

The Prime Minister issues this Decision to provide provisions on the pilot decentralization of approval authority, procedures, and approval formalities for partial amendments to the overall urban planning of functional zones and partial amendments to the overall urban planning of Buôn Ma Thuột City , Dak Lak Province., Dak Lak province.

Article 1. Decentralization of Approval Authority for Partial Amendments to the Overall Urban Planning of Functional Zones and Partial Amendments to the Overall Urban Planning of Cities

1. Pilot decentralization to the People's Committee of Dak Lak Province to approve partial amendments to the overall urban planning of functional zones within the administrative boundaries of Buôn Ma Thuột City and partial amendments to the overall urban planning of Buôn Ma Thuột City (hereinafter referred to as partial amendments to the overall planning) based on master plans that have been approved by the Prime Minister.

2. When the People's Committee of Dak Lak Province implements partial amendments to the overall planning according to the pilot decentralization, it must ensure compliance with regulations on the basis, principles, conditions, and contents of partial amendments to the overall planning under construction planning laws and urban planning laws; the contents of the amendments shall not change the nature, function, scale, boundaries, and general development orientation of the functional zone or the city; comply with construction planning standards and other relevant standards.

Article 2. Procedures and Formalities for Approving Partial Amendments to the Overall Planning

In accordance with the pilot decentralization provisions stipulated in Article 1 of this Decision and Article 28, Clause 12 and Article 29, Clause 10 of the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning in 2018 (Law No. 35/2018/QH14), the People's Committee of Dak Lak Province shall direct the organization to implement the following steps:

1. Prepare a report on the content and plan for partial amendments to the overall planning.

2. Organize the collection of opinions on the content of partial amendments to the overall planning.

3. Organize the review of partial amendments to the overall planning.

4. Approve partial amendments to the overall planning after receiving a unified written opinion from the Ministry of Construction.

5. Update and publish the content of partial amendments to the overall planning in accordance with regulations.

6. Report the results of implementing partial amendments to the overall planning in the form of sending the Decision approving partial amendments to the overall planning to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.

Article 3. Preparation of Documentation for Partial Amendments to the Overall Planning

1. Documentation and content of partial amendments to the overall planning must comply with the Construction Law, Urban Planning Law, and current decrees and circulars.

2. The documentation includes a report on the content and plan for partial amendments to the overall planning, drawings, legal documents, related materials, and a draft Decision approving partial amendments to the overall planning.

3. The report on the content and plan for partial amendments to the overall planning must clearly state:

a) The reasons, necessity, and causes leading to the need for amending the overall planning (functional zones, cities) and can only be amended when one of the cases specified in Clause 10, Article 28 of Law No. 35/2018/QH14 (for partial amendments to the overall urban planning of functional zones), Clause 8, Article 29 of Law No. 35/2018/QH14 (for partial amendments to the overall urban planning of cities) occurs.

b) Determine the scope, extent, content of the amendment, and planning indicators regarding land use; spatial organization, architecture, landscape; technical infrastructure network and social infrastructure based on: analysis and evaluation of the current status, results of the implementation of existing planning; development requirements; improvement and renovation requirements of the area to be amended.

c) Analyze and evaluate the proposed partial amendments to ensure: no change in the nature, function, scale, boundaries, and general development orientation of the functional zone or the city; no overloading of technical infrastructure and social infrastructure in the area to be amended; continuity and consistency of the existing overall planning.

d) Analyze and evaluate the economic and social effectiveness of partial amendments; propose measures to address new issues arising from partial amendments to the overall planning; a plan on the roadmap and progress schedule for implementing the overall planning after being approved by the People's Committee of Dak Lak Province.

Article 4. Soliciting opinions on the content of partial amendments to the overall planning

1. Solicit opinions from the community residing in the area proposed for partial amendment and surrounding areas directly affected by the partial amendment content of the overall planning; solicit opinions from relevant agencies and organizations concerning the proposed partial amendment contents of the overall planning (if necessary).

2. The contributions and opinions of community representatives and relevant agencies and organizations (if any) must be compiled and explained in writing. The content of the opinions must be analyzed and explained fully, serving as a basis for completing the planning scheme in a manner that ensures compatibility, feasibility, and harmony between the interests of the State and the community. The explanatory document incorporating the opinions is a component of the dossier submitted for review and approval of the partial amendment to the overall planning.

3. Forms and time for soliciting opinions:

a) Soliciting opinions from relevant agencies and organizations (if any) shall be carried out through several forms: submitting files and documents directly or via postal service or organizing meetings and seminars. Agencies and organizations solicited for opinions have the responsibility to respond in writing or provide direct comments.

b) Soliciting opinions from the community shall be conducted through collecting opinions from community representatives using survey questionnaires or interviews. Community representatives have the responsibility to compile the community's opinions according to the laws on grassroots democracy implementation.

c) The time frame for soliciting opinions from agencies, organizations, individuals, and the community regarding the content of partial amendments to the overall planning for functional zones shall comply with the provisions of Clause 4, Article 17 of the Construction Law 2014; partial amendments to the overall urban planning shall comply with the provisions of Clause 4, Article 21 of the Urban Planning Law 2009.

Article 5. Reviewing partial amendments to the overall planning

1. The Department of Construction of Dak Lak Province is the agency responsible for reviewing partial amendments to the overall planning.

2. The review content includes:

a) Ensuring compliance with the requirements for bases for amendment, conditions for amendment, and the content of partial amendments to the overall planning as stipulated in the construction planning and urban planning laws, ensuring legality, feasibility, and conformity with current standards on construction planning and related standards.

b) The Department of Construction of Dak Lak Province compiles the review results in writing, reports to the People's Committee of Dak Lak Province for consideration and approval; bears legal responsibility and responsibility before the People's Committee of Dak Lak Province for the results of the review of partial amendments to the overall planning.

3. The review period shall not exceed twenty days from the date of receiving complete valid files as prescribed.

4. The files submitted for review (originals) include the following:

a) Reports from the agency or organization drafting the partial amendments to the overall planning according to the contents specified in Clause 3, Article 3 of this Decision, relevant legal documents and materials, and explanations of opinions from agencies, organizations, and the community regarding the planning amendment contents.

b) Drawings reflecting the content of partial amendments to the overall planning, determining the planning indicators achieved after the partial amendments to the overall planning; including references and comparisons with approved planning indicators.

c) Draft Decision of the People's Committee of Dak Lak Province approving the partial amendments to the overall planning.

Article 6. Approving partial amendments to the overall planning

1. The People's Committee of Dak Lak Province approves partial amendments to the overall planning after receiving a written agreement from the Ministry of Construction.

a) The content of the agreement from the Ministry of Construction includes: bases, conditions, and content of partial amendments to the overall planning, compatibility with construction planning standards and related standards.

b) The dossier sent for the agreement from the Ministry of Construction includes: the document from the People's Committee of Dak Lak Province to the Ministry of Construction; the dossier as prescribed in Clause 4, Article 5 of this Decision, and the report on the review results of the department responsible for reviewing the planning amendment (Department of Construction).

c) Files soliciting the unified opinion of the Ministry of Construction are sent through one of the following methods: submitting directly at the Ministry of Construction or sending by mail or via the electronic document system.

d) The Ministry of Construction's time to provide an opinion shall not exceed 15 days from the date of receipt of complete and valid dossier. In cases where the Ministry of Construction does not provide an opinion within the prescribed timeframe, the People's Committee of Dak Lak Province shall decide on approval based on the delegated authority.

2. If there are differing opinions between the People's Committee of Dak Lak Province and the Ministry of Construction on the content of partial amendments to the overall planning, the People's Committee of Dak Lak Province shall follow the opinion of the Ministry of Construction.

3. The decision approving partial amendments to the overall planning must include all contents and plans for partial amendments to the overall planning according to the principle of focusing on the content that needs to be amended, while the content of the approved overall planning that remains unchanged retains its legal validity.

4. The time for approving partial amendments to the overall planning shall not exceed 15 days from the date of receipt of a complete and valid dossier (excluding the time for soliciting opinions from the Ministry of Construction).

5. Drawings and related documents of the partial amendments to the overall planning that have been approved and updated planning dossiers must be stamped by the Department of Construction as a basis and foundation for management and implementation. Send one complete set of dossier to the Ministry of Construction for record-keeping and monitoring.

Article 7. Updating and Publicizing the Content of Partially Amended Master Plan

1. The contents of the partially amended master plan that have been approved shall be updated into the existing master plan file, including drawings and management regulations according to the approved master plan project to ensure consistency.

2. The public disclosure content includes all the contents of the partially amended master plan except those related to national defense, security, and state secrets.

3. Within the latest fifteen days from the date when the partially amended master plan is approved by the competent authority, the partially amended master plan must be published on the Construction Planning and Urban Planning Portal of Vietnam (http://quyhoach.xaydung.gov.vn) and publicly disclosed through forms prescribed by the Construction Law and the Urban Planning Law.

Article 8. Implementation clause

1. This Decision takes effect from the date of issuance and ceases to be effective when Resolution No. 72/2022/QH15 dated November 15, 2022 of the National Assembly on pilot special mechanisms and policies for the development of Buôn Ma Thuột City, Dak Lak Province expires.

2. The Ministry of Construction shall take the lead and coordinate with the People's Committee of Dak Lak Province to monitor, inspect, summarize, and evaluate the results of the pilot decentralization of approval authority, procedures, and processes for partially amending the master plan for construction of functional areas and partially amending the urban master plan under Dak Lak Province, and report to the Government for submission to the National Assembly as prescribed.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, the People's Committee of Dak Lak Province, and Heads of relevant units are responsible for implementing this decision./.