Decree No. 145/2025/NĐ-CP on the delineation of the authority of local governments at two levels and decentralization in urban and rural planning

DECREE

Regulations on the delineation of authority for two-level local administrations,

decentralization, and deconcentration in urban and rural planning.

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Pursuant to the Government Organization Law 2025;

Pursuant to the Law on Local Government Organization 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Minister of Construction;

The Government issues this Decree stipulating the delineation of authority for two-level local administrations, decentralization, and deconcentration in urban and rural planning.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

1. Delineating responsibilities and authorities of local administrations according to the two-level local government organizational model in the field of state management of urban and rural planning by the Ministry of Construction; implementing the responsibilities and authorities of provincial and commune-level local administrations as delineated in this Decree.

2. Decentralizing and deconcentrating responsibilities and authorities for performing tasks and exercising powers of agencies and persons responsible for urban and rural planning activities as prescribed in the Urban and Rural Planning Law.

Article 2. Principles of Authority Delineation and Decentralization, Deconcentration

1. General principles:

a) Ensuring compliance with the Constitution and the principles and provisions on authority delineation, decentralization, and deconcentration in the Government Organization Law and the Local Administration Organization Law.

b) Ensuring consistency in the organization of constitutional and legal implementation; ensuring transparency, accountability, and effective control of power linked to inspection, audit, and supervision by higher-level state agencies.

c) Ensuring human rights and citizens' rights; ensuring transparency, creating favorable conditions for individuals and organizations to access information, exercise their rights and obligations, and follow legal procedures; not affecting the normal operation of society, citizens, and businesses.

d) Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, citizens, and businesses; ensuring human rights and citizens' rights; creating favorable conditions for individuals and organizations to access information, exercise their rights and obligations, and follow legal procedures.

đ) Ensuring no impact on the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.

e) Resources for implementing the task of authority delineation shall be guaranteed from the state budget as prescribed.

2. In addition to general principles, authority delineation shall ensure the following principles:

a) Ensuring the delineation of tasks and powers between different levels of local administration in accordance with the tasks, powers, and capabilities of agencies and persons responsible for performing the delineated tasks and powers; avoiding overlap, duplication, or omission of functions and tasks between different levels of local administration and among agencies and organizations under local administration.

b) Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees and the specific authority of Chairpersons of People's Committees.

3. In addition to general principles, decentralization and deconcentration shall ensure the following principles:

a) Ensuring thorough delegation of tasks between central state agencies and local administrations, ensuring the unified management authority of the Government and the executive power of the Prime Minister over state management in urban and rural planning, and promoting the initiative, creativity, and self-responsibility of local administrations in performing state management tasks in urban and rural planning activities.

b) Ensuring that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on macro-level state management tasks; building consistent and unified systems, strategies, plans, playing a constructive role, and strengthening inspection, audit, and supervision.

c) Promoting decentralization, deconcentration, and clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees and the specific authority of Chairpersons of People's Committees; ensuring compliance with the tasks, powers, and capabilities of agencies and persons responsible for performing the delineated tasks and powers.

d) Implementing decentralization and deconcentration between related sectors and fields in a coordinated, comprehensive, interconnected manner, without omission or overlap of tasks; ensuring a legal basis for the normal, continuous, and smooth operation of agencies; preventing work interruptions, overlap, duplication, omission of functions, tasks, fields, and areas.

Article 3. On Fees and Charges

Administrative procedures that require payment of fees and charges as prescribed by laws on fees and charges shall be paid simultaneously with the submission of application documents for administrative procedures to the receiving agency. The amount of fees and charges, management and utilization of such fees and charges shall be implemented according to the regulations of the Government, the Minister of Finance, or the People's Council at the provincial level corresponding to the respective fees and charges.

Chapter II

DETERMINATION OF JURISDICTION WHEN

TWO LEVELS OF LOCAL ADMINISTRATION IN

THE FIELD OF URBAN AND RURAL PLANNING

Article 4. Determination of responsibility for organizing the preparation of planning tasks, urban and rural planning

1. The responsibility for organizing the preparation of planning tasks, urban and rural planning is determined as follows:

a) The responsibility of the People's Committee at the district level as stipulated in Clause 5, Article 17 of the Urban and Rural Planning Law regarding the organization of preparing planning tasks, urban and rural planning with a planning scope related to the administrative boundaries of two or more village-level administrative units shall be carried out by the People's Committee at the provincial level.

b) The responsibility of the People's Committee at the district level as stipulated in Clause 5, Article 17 of the Urban and Rural Planning Law regarding the organization of preparing planning tasks, urban and rural planning with a planning scope within the administrative boundary of one village-level administrative unit shall be carried out by the People's Committee at the village level.

c) The responsibility for organizing the partial adjustment of urban and rural planning as stipulated in Clause 3, Article 48 of the Urban and Rural Planning Law shall be carried out by the People's Committee at the village level.

2. The procedure and process for implementing the responsibility for organizing the preparation of planning tasks, urban and rural planning shall be carried out according to the regulations on the procedure for preparing, reviewing, approving, and announcing planning as prescribed by the laws on urban and rural planning.

Article 5. Determination of responsibility for organizing the review of planning tasks, urban and rural planning

1. The responsibility for organizing the review of planning tasks, urban and rural planning is determined as follows:

a) The responsibility of the specialized agency managing urban and rural planning under the People's Committee at the district level as stipulated in Clause 3, Article 38 of the Urban and Rural Planning Law regarding the organization of reviewing planning tasks, urban and rural planning for planning with a scope related to the administrative boundaries of two or more village-level administrative units and the general plan of villages shall be carried out by the specialized agency managing urban and rural planning under the People's Committee at the provincial level.

b) The responsibility of the specialized agency managing urban and rural planning under the People's Committee at the district level as stipulated in Clause 3, Article 38 of the Urban and Rural Planning Law regarding the organization of reviewing planning tasks, urban and rural planning for planning with a scope within the administrative boundary of one village-level administrative unit shall be carried out by the specialized agency managing urban and rural planning under the People's Committee at the village level.

c) The responsibility of the People's Committee at the district level as stipulated in Clause 3, Article 48 of the Urban and Rural Planning Law regarding the organization of reviewing the partial adjustment of urban and rural planning shall be carried out by the People's Committee at the village level.

2. The procedure and process for implementing the responsibility for organizing the review of planning tasks, urban and rural planning shall be carried out according to the regulations on the procedure for preparing, reviewing, approving, and announcing planning as prescribed by the laws on urban and rural planning.

Article 6. Allocation of Authority to Approve Planning Tasks and Urban and Rural Plans

1. The authority to approve planning tasks and urban and rural plans shall be allocated as follows:

a) The authority of the People's Committee at the district level, as stipulated in Clause 3, Article 41 of the Law on Urban and Rural Planning, to approve planning tasks and urban and rural plans for those plans with a scope involving the administrative boundaries of two or more village-level administrative units and the overall village plan implemented by the People's Committee at the provincial level.

b) The authority of the People's Committee at the district level to approve planning tasks and urban and rural plans, as stipulated in Clause 4, Article 41 of the Law on Urban and Rural Planning, for those plans with a scope within the administrative boundary of one village-level administrative unit, implemented by the People's Committee at the village level.

c) The authority of the People's Committee at the district level to approve partial adjustments to urban and rural plans, as stipulated in Clause 3, Article 48 of the Law on Urban and Rural Planning, implemented by the People's Committee at the village level.

2. Based on the nature, scope, scale of the plan, investment needs, management and development requirements; the suitability of the capacity and ability to perform planning tasks of the People's Committee at the village level and specialized agencies responsible for managing urban and rural planning at the village level, the People's Committee at the provincial level decides to delegate authority to the People's Committee at the village level to approve planning tasks and overall village plans; simultaneously, the specialized agency responsible for urban and rural planning at the provincial level delegates responsibilities for reviewing planning tasks and urban and rural plans to the specialized agency responsible for managing urban and rural planning under the People's Committee at the village level.

3. The procedures for implementing the authority to approve planning tasks and urban and rural plans shall be carried out according to the regulations on the procedures for drafting, reviewing, approving, and announcing plans as stipulated in the laws on urban and rural planning.

Article 7. Allocation of Responsibilities in Organizing Management of Urban and Rural Planning

1. The responsibility of the People's Committee at the district level, as stipulated in Clause 4, Article 52 of the Law on Urban and Rural Planning, to retain records of approved boundary markers and provide relevant materials related to boundary markers to organizations and individuals upon request, implemented by the People's Committee at the village level.

2. The responsibility of the People's Committee at the district level, as stipulated in Clause 2, Article 55 of the Law on Urban and Rural Planning, to provide information on approved urban and rural plans to agencies, organizations, and individuals upon request, implemented by the People's Committee at the village level.

3. The People's Committee at the village level implements the responsibilities allocated in Clauses 1 and 2 of this Article according to the procedures and formalities prescribed in the laws on urban and rural planning.

Chapter III
DELEGATION AND GRADATION IN THE FIELD

URBAN AND RURAL PLANNING

Article 8. Delegation of Responsibility for Organizing the Drafting of Planning Tasks and Urban and Rural Plans

1. The responsibility of the Ministry of Construction, as stipulated in Point b, Clause 1, Article 17 of the Law on Urban and Rural Planning, to organize the drafting of planning tasks and urban and rural plans implemented by the People's Committee at the provincial level.

2. The People's Committee at the provincial level implements the delegated responsibilities in Clause 1 of this Article according to the procedures and formalities prescribed in the laws on urban and rural planning.

Article 9. Allocation of Responsibilities for Organizing the Appraisal of Planning Tasks, Urban and Rural Planning

1. The responsibility of the Ministry of Construction stipulated in Clause 1, Article 38 of the Law on Urban and Rural Planning regarding the appraisal of national-level tourism area master plans shall be carried out by specialized agencies on urban and rural planning under provincial People's Committees.

2. The responsibility of the Ministry of Construction stipulated in Clause 1, Article 38 of the Law on Urban and Rural Planning regarding the appraisal of detailed plans of defense and security projects that require state secrecy shall be carried out by specialized agencies with functions to manage urban and rural planning under the Ministry of National Defense and the Ministry of Public Security.

3. Specialized agencies on urban and rural planning under provincial People's Committees and specialized agencies with functions to manage urban and rural planning under the Ministry of National Defense and the Ministry of Public Security shall implement the responsibilities allocated in Clauses 1 and 2 of this Article according to the procedures and formalities prescribed in laws on urban and rural planning.

Article 10. Allocation and Delegation of Authority for Approving Planning Tasks, Urban and Rural Planning

1. The authority of the Prime Minister stipulated in Point a, Clause 1, Article 41 of the Law on Urban and Rural Planning regarding the approval of planning tasks and general urban and new urban area master plans with forecasted population equivalent to Class I cities within provinces shall be carried out by provincial People's Committees.

2. The authority of the Prime Minister stipulated in Point b, Clause 1, Article 41 of the Law on Urban and Rural Planning regarding the approval of planning tasks and general national-level tourism area master plans shall be carried out by provincial People's Committees.

3. The authority of the Prime Minister stipulated in Point d, Clause 1, Article 41 of the Law on Urban and Rural Planning regarding the approval of detailed plans of defense and security projects that require state secrecy shall be carried out by the Ministers of National Defense and Public Security.

4. Procedures and formalities for agencies and individuals with delegated authority to carry out tasks allocated in Clauses 1, 2, and 3 of this Article:

a) Provincial People's Committees, Ministers of National Defense, and Ministers of Public Security shall carry out the tasks allocated in Clauses 1, 2, and 3 of this Article according to the procedures and formalities for approving urban and rural planning as prescribed in laws on urban and rural planning.

b) Ministers of National Defense and Public Security shall define the responsibilities of subordinate specialized agencies in organizing, appraising, announcing, reviewing, and adjusting detailed plans within their approval authority, ensuring compliance with the procedures and formalities prescribed in the Law on Urban and Rural Planning; they may decide on delegation and authorization for the provisions in Clause 3 of this Article according to regulations on the authority to approve planning tasks and detailed plans.

Chapter IV
IMPLEMENTING PROVISIONS

Article 11. Implementation Organization

From July 1, 2025 until the Law on Urban and Rural Planning is amended, supplemented, and takes effect, the following provisions of the Law on Urban and Rural Planning shall be implemented as follows:

1. Not to organize the preparation and approval of county general plans as provided for in Clause 4, Article 3, Article 28, and Point b, Clause 2, Article 41.

2. Not to organize the preparation and approval of town general plans and new urban area general plans expected to become towns as provided for in Clause 4, Article 3, Point a, Clause 5, Article 17, Article 24, and Point b, Clause 2, Article 41.

3. Not to organize the preparation and approval of planning tasks and urban and rural planning for new urban areas with planning scope involving administrative boundaries of two or more provinces as provided for in Point a, Clause 1, Article 17 and Point a, Clause 1, Article 41.

4. Not to prepare, appraise, and approve detailed plans for areas within approved county general plans as provided for in Point a, Clause 6, Article 3, Article 30, Clause 3, Article 38, and Clause 3, Article 41.

5. Not to seek written opinions from the Ministry of Construction on urban and rural planning as provided for in Point b, Clause 2, Article 37, except for cases where the general plan of the provincial capital city is involved.

6. Not to seek written unified opinions from the Ministry of Construction on management regulations issued by provincial People's Committees as provided for in Clause 1, Article 49.

7. "Provincial city, central city, town, new urban area" as defined in Point a, Clause 2, Article 3 and other articles, clauses, and points of the Law on Urban and Rural Planning shall be "urban area of province".

8. "General plan of provincial city, central city, town, and new urban area expected to become town, provincial city, central city" as defined in Article 23 shall be "general plan of urban area of province".

9. "Chairman or Vice Chairman of provincial or district People's Committee" as defined in Point b, Clause 1, Article 39 shall be "Chairman or Vice Chairman of provincial or commune People's Committee".

10. "District, commune" as defined in Clause 2, Article 45 and Points a and b, Clause 1, Article 46 shall be "rural area".

11. "District People's Committee" as defined in Point c, Clause 2, Article 37, Clause 3, Article 48, Clause 2, Article 55, and Clause 7, Article 59 shall be "Commune People's Committee".

12. "City", "town" in the Law on Urban and Rural Planning shall be urban area of province.

Article 12. Effective Date

1. This Decree takes effect from July 1, 2025.

2. This Decree shall cease to be effective from March 1, 2027, except for the following cases:

a) Ministries and agencies at the level of ministries report to the Government to propose and obtain the National Assembly's decision to extend the application period of this Decree in whole or in part;

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister that provide for state management authority, responsibilities, procedures, and formalities prescribed in this Decree, adopted or promulgated from July 1, 2025, taking effect before March 1, 2027, and corresponding provisions in this Decree shall cease to be effective upon the entry into force of such legal documents.

3. During the period when the provisions of this Decree are in effect, if the provisions regarding authority, state management responsibility, procedures, and formalities in this Decree differ from those in related regulatory legal documents, they shall be implemented according to the provisions of this Decree.

Article 13. Transitional Provisions

1. Urban and rural planning schemes that are being organized by the People's Committee of the district level and have not yet been approved for planning tasks shall be responsible for drafting, reviewing, and approving planning tasks in accordance with the provisions of this Decree and the Law on Urban and Rural Planning 2024.

2. Urban and rural planning schemes that have already had their planning tasks approved and are currently being organized by the People's Committee of the district level shall be decided by the People's Committee of the province based on the administrative unit reorganization plan determined by the competent authority and the actual situation to adjust the planning tasks or continue implementing the responsibilities and authorities for organizing, reviewing, and approving the planning according to the provisions of the Law on Urban and Rural Planning 2024 and this Decree.

3. Construction planning, urban planning, and separate urban design schemes organized by the People's Committee of the district level and approved before the effective date of this Decree shall continue to be valid until the end of their validity period as stipulated in Clause 1 Article 59 of the Law on Urban and Rural Planning 2024.

4. Urban and rural planning schemes that were being organized by the People's Committee of the commune level prior to the administrative unit reorganization and within the approval authority of the People's Committee of the district level shall be approved by the People's Committee of the province or delegated to the new People's Committee of the commune after consolidation to approve the planning according to the provisions./.