Circular No. 15/2005/TT-BXD guiding the preparation, examination, and approval of construction planning

CIRCULAR

Guidelines for drafting, reviewing, and approving urban 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 urban planning;

The Ministry of Construction provides guidelines for implementing the drafting, reviewing, and approving of urban planning as specified in Sections I, II, III, IV, and V of Chapter II of Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on urban planning (hereinafter referred to as Decree No. 08/2005/NĐ-CP), as follows:

Section I

GENERAL PROVISIONS

1. When drafting urban planning without sufficient bases for drafting urban planning (as stipulated in Article 7, Article 15, and Article 23 of Decree No. 08/2005/NĐ-CP) including overall socio-economic development planning, industry-related development planning, regional urban planning, general urban planning, rural settlement network planning; or when such plans have been approved but are not suitable in terms of time frame and content, then the basis for drafting urban planning must be based on government policies, major directions of industries, local development programs and plans, and economic and social factors affecting the area where the urban planning is being drafted.

2. Provincial and district People's Committees are responsible for directing specialized agencies to organize the drafting of tasks and projects for urban planning within their administrative boundaries; Commune People's Committees are responsible for organizing the drafting of tasks and projects for urban planning within their commune administrative boundaries. Planning tasks may be adjusted during the process of drafting urban planning projects to align with the actual development situation of each locality.

3. Management boards of high-tech zones and economic zones with special functions are responsible for organizing detailed urban planning for functional areas within their jurisdictional boundaries and submitting them to competent state authorities for review and approval according to the guidelines set forth in this Circular.

4. Management boards of projects approved by the National Assembly for investment proposals (such as hydropower projects, mineral extraction and processing projects, etc.) are responsible for organizing urban planning for residential areas, resettlement areas, etc. (if applicable) and submitting them to competent state authorities for review and approval according to the guidelines set forth in this Circular.

5. For urban planning of areas of significant importance in terms of economy-politics-society-security-defense already identified in the planning tasks, the authority approving the urban planning must seek opinions from higher-level management bodies before approving such urban planning.

6. Urban planning (for periods of five, ten years, or longer) has predictive nature; therefore, during implementation, if factors arise that alter the predictions of the urban planning, People's Committees at all levels must organize adjustments to the urban planning. When adjustments are necessary, they should focus only on the adjustment contents, and the unadjusted parts of the approved project will retain their legal validity and must continue to be implemented to ensure the continuity and regularity of the urban planning.

7. Urban planning projects must comply with applicable standards and norms and the approved planning tasks.

8. Authorities at all levels responsible for approving urban planning must approve urban planning in writing with the contents guided in Section V of this Circular. The archival files (including drawings at the correct scale) attached to the decision approving the urban planning must be confirmed by the urban planning review authority at the same level.

9. The drafting, reviewing, and approving of urban planning for concentrated industrial zones and export processing zones, which have been approved by the Prime Minister regarding the principle, shall be carried out in accordance with current laws and regulations.

10. The format of urban planning project files must comply with Decision No. 21/2005/QĐ-BXD dated July 22, 2005 of the Minister of Construction;

11. The content of explanatory notes and drawings of planning tasks and urban planning projects are guided in Appendices 1 and 2 of this Circular;

12. The organization of drafting, reviewing, and approving planning tasks and urban planning projects is regulated in Sections II, III, IV, V, and VI of this Circular, except for cases with separate decisions by the Prime Minister.

PART II

DRAFTING URBAN PLANNING

I. Regional Urban Planning

1. Tasks of Regional Urban Planning

The content of regional urban planning tasks needs to clearly define the scope, objectives, and research requirements as stipulated in Article 6 and the list of drawing files as prescribed in Article 9 of Decree No. 08/2005/NĐ-CP.

The scope of regional urban planning projects is determined based on the assessment of direct or indirect influencing factors and those that are decisive or significantly impact the socio-economic development of the region. The scope of regional urban planning can follow administrative boundaries or the influence range without being bound by administrative boundaries of the region.

2. Regional Urban Planning Projects

The content of regional urban planning projects is implemented according to the provisions of Article 8 of Decree No. 08/2005/NĐ-CP and focuses on the following aspects depending on specific objects:

a) For inter-provincial regions, large metropolitan areas, provincial regions, inter-district regions, and district regions, it is necessary to determine the potential and driving forces for regional development; forecast trends, speed of urbanization, spatial organization, zoning functions, population distribution; identify key infrastructure facilities for social and technical purposes that are significant to the region.

b) For functional regions or specialized regions such as industrial regions, resort regions, heritage conservation regions, natural scenic regions, etc., it is necessary to determine the potential, driving forces, scale of development, zoning functions, organization of settlement points, and appropriate technical infrastructure systems in line with the development goals of the region.

c) For regions along transportation axes - economic corridors, it is necessary to identify the potential and driving forces for development of each region along the axis; determine the scale and organization, distribution of production and economic facilities. Determine the renovation, development, or formation of urban residential areas (or new cities) and the connection of social infrastructure and technical infrastructure networks of urban residential areas along the axis.

II. General Urban Planning

1. Tasks of general urban planning

The content of the tasks of general urban planning needs to focus on clarifying the objectives, viewpoints on urban development, research boundaries and scope of general urban planning; identifying potentials and driving forces for development; requirements that need to be studied according to Article 14 and the list of drawing files according to Article 17 of Decree 08/2005/NĐ-CP.

Research boundaries and scope of general urban planning include both inner city and outer city areas (hereinafter referred to as inner city and outer city). The outer city area is researched and reflected in the content of the project to determine areas reserved for urban development in long-term and short-term phases, layout of key infrastructure works, green space protection areas, recreational areas serving the city..., while having planning solutions for renovation, adjustment, and beautification of rural residential areas in the outer city area.

2. Detailed Urban Planning Project

The content of the detailed urban planning project is implemented according to Article 16 of Decree 08/2005/NĐ-CP, and at the same time studies adjacent areas with direct impact on the area of overall urban planning and focuses on the following issues depending on specific objects:

a) For centrally-administered cities, it is necessary to study major directions regarding population distribution, functional zoning, spatial organization; determine the system of centers (administrative, political, commercial-service, cultural, health, education, etc.) at the city level; the system of key engineering works and organization of main infrastructure engineering networks, especially large-scale underground infrastructure systems (subway, roads, parking lots, drainage systems...) related to the organization of architectural space on the ground and providing a basis for overall urban planning of districts.

b) For districts of centrally-administered cities, it is necessary to concretize the direction of spatial organization and economic-technical indicators already specified in the overall urban planning project of the entire city; determine land use and architectural spatial organization within the district's boundary according to the city-wide orientation; organize specific infrastructure and social networks within the district connecting with the surrounding area and the entire city;

c) For cities undergoing renovation and beautification, it is necessary to focus on analyzing and evaluating the current situation; clearly define areas and requirements for renovation and beautification; propose adjustment solutions regarding land use and architectural landscape organization for each area; solutions for renovating infrastructure and social networks suitable for development requirements;

d) For inter-provincial new cities and new cities, it is necessary to analyze and clarify the basis for formation and development of the city; study models of spatial, architectural, and environmental development appropriate to the nature and function of the city; determine development stages, implementation plans, projects with characteristics that drive the formation and development of new cities, and management models for urban development;

e) For high-tech zones and special-function economic zones and other functions outside the city (tourism zones, heritage zones, relic conservation zones, local industry zones, etc.) with an area exceeding 500 hectares, it is necessary to clarify their nature, function, uniqueness, and development goals; functional zoning and arrangement of specialized facilities; organization of urban residential areas and rural residential points suitable for different development stages;

g) The content of urban design in the detailed urban planning project needs to focus on researching and proposing regulations on the overall architectural landscape for the entire city, main spatial axes, large squares, central areas, and focal points of the city according to Article 30 of Decree 08/2005/NĐ-CP.

III. Detailed Urban Construction Planning

1. Authority Organizing Detailed Urban Construction Planning

Implemented according to Article 25 of the Construction Law and further clarified about the authority organizing detailed planning as follows:

a) Provincial People's Committee

Organizes detailed planning at a scale of 1/2000 for functional areas of special-class, class 1, 2, and 3 cities; detailed planning at scales of 1/2000 and 1/500 for areas with detailed construction planning involving administrative boundaries of two districts or two counties and above; other functional areas outside the city (tourism zones, heritage zones, relic conservation zones, local industry zones, etc.) with an area less than 500 hectares; functional areas in new cities; functional areas in inter-provincial new cities where the detailed construction planning area falls within the administrative boundaries of one province.

For functional areas in inter-provincial new cities but where the detailed construction planning area involves administrative boundaries of two provinces and above, the relevant provincial people's committees have the responsibility to coordinate in organizing detailed planning at scales of 1/2000 and 1/500.

b) District People's Committee

Organizes detailed urban construction planning at a scale of 1/2000 for functional areas of class 4 and 5 cities; detailed urban construction planning at a scale of 1/500 for functional areas of cities from special-class to class 5, except for detailed construction planning as stipulated in point a, item 1, clause III, section II of this Circular.

c) Investors of concentrated construction projects are responsible for organizing detailed urban construction planning at a scale of 1/500 within the project area they manage.

2. Tasks of Detailed Urban Construction Planning

a) The content of the detailed construction planning task at a scale of 1/2000 must focus on clarifying the objectives and requirements for urban development regarding land use, landscape - architecture - environment, and the connection of technical infrastructure systems with adjacent areas in accordance with the approved general construction planning and the requirements that need to be studied as prescribed in Article 22 of Decree 08/2005/NĐ-CP.

b) The content of the detailed construction planning task at a scale of 1/500 must specify the investment construction objectives and requirements according to the planning, the connection of technical infrastructure systems with surrounding areas in accordance with the approved detailed construction planning at a scale of 1/2000 and the requirements that need to be studied as prescribed in Article 22 of Decree 08/2005/NĐ-CP.

The scope of the detailed construction planning area is determined based on management and investment construction needs, consistent with priority programs and projects for urban development.

The list of drawings as stipulated in Article 26 of Decree 08/2005/NĐ-CP.

3. Detailed Urban Construction Planning Project

The content of the detailed urban construction planning project is implemented in accordance with the provisions of Article 24 of Decree 08/2005/NĐ-CP and is reflected for each type of detailed construction planning as follows:

- For detailed construction planning at a scale of 1/2000, economic and technical indicators are specified for each block; the network of technical infrastructure works is determined up to the main roads dividing the areas.

- For detailed construction planning at a scale of 1/500, economic and technical indicators are specified for each plot of land; the network of technical infrastructure works is determined up to the access roads to houses.

a) Detailed construction planning for renovation and beautification must assess the entire current status of construction works (residential buildings, public facilities, technical infrastructure,...), cultural-social factors, and environmental conditions of the design area to develop appropriate planning solutions concerning architectural landscape and meet the approved planning tasks.

b) For detailed construction planning for renovation along both sides of the main streets in urban areas, the planning scope must be a minimum of 50 meters from the outer edge of the red line boundary. For national highways or provincial roads serving as development corridors, the planning scope must be a minimum of 100 meters from the outer edge of the road protection zone.

c) For detailed construction planning of functional zones within high-tech areas, special-function economic zones, and other functional zones outside urban areas (tourism zones, heritage zones, relic conservation zones, local industry zones,...) with an area less than 500 hectares, in addition to general regulations, it is necessary to determine the scale and boundaries of the detailed construction planning area and key infrastructure works; propose locations and scales of resettlement areas and residential and public service areas for these functional zones.

d) For detailed construction planning of conservation and heritage areas, it is necessary to define the protection scope of these areas and heritage structures, ensuring the preservation and enhancement of heritage value without hindering economic and social development.

The urban design content in the detailed construction planning project

- For detailed construction planning at a scale of 1/2000, it is necessary to focus on researching and specifying control indicators such as setback distances, architectural form of buildings, urban landscape along major roads and central areas; open spaces; landmark buildings and each block within the design area.

- For detailed construction planning at a scale of 1/500, it should be carried out in accordance with the provisions of Article 31 of Decree 08/2005/NĐ-CP;

IV. Rural Settlement Construction Planning

Rural settlement construction planning includes two components: rural settlement network construction planning within the administrative boundaries of communes and individual rural settlement construction planning. The content of the rural settlement construction planning task and project is implemented in accordance with Articles 33 and 34 of Decree 08/2005/NĐ-CP and is specifically guided as follows:

1. Rural Settlement Construction Planning Task

a) For rural settlement network construction planning, it is necessary to determine the boundaries, construction land scale, population forecast for the commune and each settlement during each planning phase; requirements for settlement network layout, public facility network, production service facilities; requirements for connecting technical infrastructure networks among settlements; requirements for environmental sanitation within settlements; list of drawing files.

b) For commune center or rural settlement construction planning, it is necessary to determine the boundaries, location, and contents requiring renovation and beautification within the commune center or settlement such as residential areas, public service facilities, production service facilities; main economic-technical indicators for land construction and technical infrastructure; requirements for expanding construction land; requirements for planning technical infrastructure works consistent with the commune settlement network planning; list of drawing files.

2. Content of Rural Settlement Construction Planning

a) For rural settlement network construction planning

- Based on provincial and district-level regional construction planning, study the impact from external factors affecting the development of settlements, the scale of social infrastructure and technical infrastructure works within the commune. Identify unique advantages of natural and social conditions to determine development drivers, trends towards urbanization, predict population size, and predict land use for construction for each settlement.

- Arrange and layout the settlement network, public facilities, production service facilities; determine the network of technical infrastructure works connecting settlements; contents requiring renovation and beautification of residential areas, public service facilities, production service facilities; requirements for expanding construction land; technical infrastructure works systems within rural settlements or rural resettlement areas.

b) For commune center or rural settlement construction planning

- Planning for the renovation of existing rural residential areas: It is necessary to base on the requirements determined in the planning of the network of rural residential areas within the administrative boundaries of the commune to determine specific economic and technical indicators, planning solutions for land use, infrastructure systems for technology and social services that meet development needs and environmental protection requirements; identify the location and scale of public facilities such as administrative, educational, health, cultural, sports, commercial, service works...; specify the contents that need to be renovated, refurbished, or newly constructed in accordance with the development of each rural residential area at each stage.

- Planning for new construction of rural residential areas or rural resettlement areas: It is necessary to focus on researching planning solutions for land use, infrastructure systems for technology and social services, arranging plots of land according to their functions with scales suitable for the development situation at each stage of planning.

Section III

PUBLIC COMMENT ON URBAN PLANNING

The process of soliciting opinions on tasks and projects of urban planning shall be carried out in accordance with Articles 15, 17, 19, 21, 23, and 26 of the Construction Law; Article 25 of Decree 08/2005/NĐ-CP and the following specific guidelines:

1. During the process of preparing tasks and projects of regional urban planning and general urban planning, consulting organizations are responsible for coordinating with People's Committees at all levels to seek opinions from relevant specialized agencies before reporting to the competent authority for consideration and approval.

2. Based on the project task files and urban planning project files and reports on the results of soliciting opinions, the approving agency for urban planning selects and decides on the urban planning scheme according to the principle of ensuring long-term objectives and the interests of the state, locality, and community in the planning area.

Chapter IV

REVIEW AND SUBMISSION OF URBAN PLANNING

I. Review of tasks and projects of urban planning

Implementation in accordance with the provisions of Articles 17, 21, 25, and 30 of the Construction Law; Articles 11, 19, 28, and 36 of Decree 08/2005/NĐ-CP and some specific guidelines on reviewing agencies and submission agencies for urban planning 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

Reviews tasks and projects of urban planning within the approval authority of the Prime Minister, including regional urban planning for key regions, inter-provincial regions, and regions required to prepare urban planning according to the Prime Minister's requirements; general urban planning for high-tech zones, special-function economic zones, special-class cities, first-class cities, second-class cities, and new cities with a population equivalent to or larger than second-class cities and inter-provincial new cities.

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

Reviews tasks and projects of urban planning within the approval authority of the Chairman of the Provincial People's Committee, including:

- Regional urban planning for provinces, counties, and inter-county regions, other regions within the provincial administrative boundaries (landscape regions, heritage conservation regions,...); general urban planning for third-class, fourth-class, and fifth-class cities and new cities with a population equivalent to third-class, fourth-class, and fifth-class cities; general urban planning for districts under centrally-administered municipalities, other urban functional zones outside the city (tourism, heritage conservation, historical sites, local industry,...) with an area exceeding 500 hectares;

- Detailed urban planning at a scale of 1/2000 for urban functional zones in special-class, first-class, second-class, and third-class cities; detailed urban planning at scales of 1/2000 and 1/500 for areas with detailed planning ranges covering two or more districts or counties; other urban functional zones outside the city (tourism zones, heritage zones, historical site conservation zones, local industrial zones,...) with an area less than 500 hectares, urban functional zones in high-tech zones, special-function economic zones; urban functional zones in new cities; urban functional zones in inter-provincial new cities with detailed planning ranges within the administrative boundaries of one province.

c) County-level construction management agencies review tasks and projects of detailed urban planning for cities within the approval authority of the Chairman of the County People's Committee, including detailed urban planning at a scale of 1/2000 for urban functional zones in fourth-class and fifth-class cities; detailed urban planning at a scale of 1/500 for urban functional zones in cities from special-class to fifth-class; detailed urban planning for concentrated investment construction projects and rural residential area planning (excluding detailed urban planning as specified in point a, item 1, Clause III, Section II of this Circular).

2. Forms of organization for review

Depending on the nature and scale of each project, the urban planning review agency may organize reviews in one of the following forms:

a) Organizing a review board and deciding on the composition and number of members participating in the board. The structure of the review board must ensure three main components: relevant state management agencies, local authorities, and related professional associations.

b) Specialized agency reviews at various levels.

3. Contents of review

a) Legal bases for preparing urban planning projects;

b) File formats in accordance with regulations of the Ministry of Construction; components of urban planning files as prescribed and according to approved planning tasks;

c) Main contents of planning tasks and projects as stipulated in Appendices 1 and 2.

4. Review time

Implementation in accordance with Articles 11, 19, 28, and 36 of Decree 08/2005/NĐ-CP, for detailed urban planning tasks, the review period is 30 working days from the date of receipt of complete valid files.

II. Submission of Urban Planning

1. Submitting Agency

a) Ministry of Construction

Submit to the Prime Minister for approval the tasks and master plans for regional construction planning in key areas, inter-provincial regions; comprehensive urban planning for high-tech zones, special-function economic zones; comprehensive urban planning for special-class cities, class 1 cities, class 2 cities, and new cities with a population equivalent to that of class 2 cities or higher, inter-provincial new cities, and other construction plans as required by the Prime Minister;

b) Provincial People's Committees

Submit to the Ministry of Construction for review and then submit to the Prime Minister for approval the tasks and master plans for comprehensive urban planning for special-class cities, class 1 cities, class 2 cities, new cities with a population equivalent to that of class 2 cities or higher, and comprehensive urban planning for high-tech zones, special-function economic zones;

For functional areas within inter-provincial new cities where the detailed planning area spans administrative boundaries of two provinces or more, the relevant provincial People's Committees shall jointly submit to the Ministry of Construction for approval the tasks and detailed planning projects at scales of 1/2000 and 1/500;

c) The Department of Construction or the Department of Planning and Architecture (for provinces and cities with a Department of Planning and Architecture) shall submit to the provincial People's Committee for approval the tasks and planning projects for construction:

- Regional construction planning for the province, inter-district regions, and other regions within the administrative boundaries of the province (landscape regions, heritage conservation regions,...);

- Comprehensive urban planning for new cities with a population equivalent to class 3, class 4, and class 5 cities and other non-urban functional areas (tourism, conservation, historical sites, local industry,...) larger than 500 hectares;

- Detailed urban planning projects at a scale of 1/2000 for functional areas of special-class cities, class 1 cities, class 2 cities, and class 3 cities; detailed planning projects at scales of 1/2000 and 1/500 for areas where detailed planning spans administrative boundaries of two districts or more; other non-urban functional areas (tourism zones, heritage zones, historical site conservation zones, local industry zones,...) smaller than 500 hectares; functional areas within new cities; functional areas within inter-provincial new cities where detailed planning spans administrative boundaries of the province;

d) District People's Committees

Submit to the provincial People's Committee for approval the tasks and planning projects for district-level regional construction planning, comprehensive urban planning for class 3, class 4, and class 5 cities; comprehensive urban planning for districts of centrally-administered cities;

e) District-level construction management agencies

Submit to the district People's Committee for approval the tasks and detailed planning projects at a scale of 1/2000 for functional areas of class 4 and class 5 cities; detailed urban planning projects at a scale of 1/500 for functional areas of cities from special-class to class 5 and detailed planning projects for concentrated construction investment projects (excluding detailed planning projects specified in point 1, clause III, section II of this Circular);

g) Commune People's Committees shall submit to the district People's Committee for approval the tasks and planning projects for rural residential area construction planning;

h) Management boards of high-tech zones and special-function economic zones shall submit to the provincial People's Committee for approval the tasks and detailed planning projects at scales of 1/2000 and 1/500 for functional areas within their jurisdictional boundaries;

i) Management boards of projects approved by the National Assembly for investment policies (hydroelectric power projects, mining and processing projects,...) shall submit to the district People's Committee for approval the tasks and detailed planning projects for residential areas, resettlement areas,... within their project scope;

k) Project investors of concentrated construction investment projects shall submit to the district People's Committee for approval the tasks and detailed planning projects at a scale of 1/500 within their project scope;

2. Submission Documents

a) Submission documents for planning projects include a request for approval, explanatory notes, scaled-down drawings, and related legal documents;

b) The number of submission documents shall be determined based on the requirements of the construction planning management agency according to the nature and scale of each type of construction planning, but not less than twenty sets;

c) Review documents for planning projects include a request for approval, explanatory notes, attached calculation appendices, scaled-down colored drawings, and related legal documents; the minimum number of documents is three sets;

d) Archival documents include a comprehensive explanatory note, drawings at the prescribed scale, a CD containing all content of the explanatory notes and drawings; the minimum number of documents is seven sets;

3. Archiving Documents

Approved planning documents shall be archived at the following agencies:

a) Planning documents under the approval authority of the Prime Minister shall be archived at the Ministry of Construction, provincial People's Committees, and provincial construction planning management agencies;

b) Planning documents under the approval authority of provincial People's Committees shall be archived 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 commune People's Committees;

c) Planning documents under the approval authority of district People's Committees shall be archived at provincial and district construction planning management agencies and directly related commune People's Committees;

Section V

APPROVAL OF CONSTRUCTION PLANNING

I. Approval Authority

Implement 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 the tasks and planning projects for construction planning within the Prime Minister's authority when delegated and detailed planning at scales of 1/2000 and 1/500 for functional areas within inter-provincial new cities where the detailed planning area spans administrative boundaries of multiple provinces;

2. Provincial-level People's Committees

a) Approve the tasks and planning projects for construction planning for provincial regions, inter-district regions, district regions, and other regions within the administrative boundaries of the province (landscape regions, heritage conservation regions,...);

b) Tasks and master plans for general construction planning of cities classified as type 3, type 4, and type 5, new cities with a population equivalent to that of cities classified as type 3, type 4, and type 5, general construction planning of districts in centrally-administered cities, and other functional zones outside urban areas (such as tourism, conservation, historical sites, local industry, etc.) with an area exceeding 500 hectares;

c) Tasks and master plans for detailed construction planning at a scale of 1/2000 for functional zones in special-class cities, type 1, type 2, and type 3 cities; detailed planning at scales of 1/2000 and 1/500 for areas where the scope of planning involves administrative boundaries of two or more districts or counties; other functional zones outside urban areas (tourism zones, heritage zones, conservation sites, local industry, etc.) with an area less than 500 hectares; functional zones in new cities; functional zones in high-tech zones and economic zones with special functions;

d) For tasks and master plans for detailed construction planning at scales of 1/2000 and 1/500 for functional zones within inter-provincial new cities, where the scope of planning falls within the administrative boundaries of one province, the Ministry of Construction must provide a unified opinion on the professional aspects before approval;

3. People's Committee of the district

a) Approve tasks and master plans for detailed construction planning at a scale of 1/2000 for functional zones in cities classified as type 4 and type 5; detailed planning at a scale of 1/500 for functional zones in cities from special-class to type 5; detailed planning for construction projects of concentrated works; rural settlement planning (excluding detailed urban construction planning as specified in item a point 1 clause III section II of this Circular);

b) For tasks and master plans for detailed construction planning at a scale of 1/2000 for functional zones in cities classified as type 4 which are provincial capitals, the People's Committee of the district must seek opinions from the People's Committee of the province and obtain a unified opinion on the professional aspects from the Department of Construction before approving;

c) Tasks and master plans for detailed construction planning of residential areas, resettlement areas, etc., belonging to projects approved by the National Assembly for investment (hydroelectric projects, mining and processing projects, etc.); detailed construction planning at a scale of 1/500 for concentrated construction projects after obtaining a unified opinion on the professional aspects from the Department of Construction;

II. Content of Approval of Construction Planning

1. For regional construction planning

a) The content of the decision to approve the task of regional construction planning includes: Boundaries and scope of research for regional construction planning; trends and rates of urbanization in the region according to development stages; zoning; requirements for researching the organization of spatial systems of urban and rural settlements; specialized functional zones; production facilities; technical infrastructure and social infrastructure systems with regional significance; list of files and drawings.

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

2. For general urban construction planning

a) The content of the decision to approve the task of general urban construction planning includes: Boundaries and scope of research for general urban construction planning; urban characteristics; some basic expected indicators regarding population, land, and technical infrastructure; requirements and main principles for researching urban development directions, spatial structure organization, sources, key works, and main solutions for organizing the technical infrastructure system; list of files and drawings.

b) The content of the decision to approve the master plan for general urban construction planning includes: Boundaries and scope of the city; nature and function of the city; urban population and land size according to development stages; main economic and technical indicators and urban development directions; spatial structure organization and administrative boundaries of inner and outer cities, inner and outer towns; land use structure according to functions; location, size of major functional zones; sources, locations, sizes, capacities of key works and main networks of the urban technical infrastructure system; regulations on urban architecture and landscape; issues related to national defense, security, and environment; priority investment programs and projects and resources for implementation; organizational implementation issues.

3. For detailed construction planning

a) The decision to approve the task of detailed urban construction planning includes the following contents:

- For detailed construction planning at a scale of 1/2000: Scope of boundaries, area, characteristics of the planning zone; some basic expected indicators regarding land, social infrastructure, and technical infrastructure; requirements for space, architecture, technical infrastructure connectivity, and other research requirements for each block;

- For detailed construction planning at a scale of 1/500: Scope of boundaries, area, characteristics of the planning zone; some basic expected indicators regarding land, social infrastructure, and technical infrastructure; requirements for space, architecture, technical infrastructure connectivity, and other research requirements for each plot; list of works to be constructed in the planning area;

b) The decision to approve the master plan for detailed urban construction planning includes the following contents:

- For detailed urban planning at a scale of 1/2000: The scope of boundaries, area, nature of the area to be planned; main economic-technical indicators; solutions for spatial organization, architecture, and urban design; land use structure; sources and solutions for organizing technical infrastructure systems; technical infrastructure network determined up to the district roads; resettlement organization solutions (if applicable); environmental protection solutions; priority investment items and resources for implementation; issues related to implementation organization.

- For detailed urban planning at a scale of 1/500: The scope of boundaries, area, nature of the area to be planned; main economic-technical indicators; solutions for spatial organization, architecture, and urban design for each plot of land; land use structure; sources and solutions for organizing technical infrastructure systems; technical infrastructure network determined up to the alley and street axes; resettlement organization solutions (if applicable); environmental protection solutions; priority investment items and resources for implementation; issues related to implementation organization; list of construction projects within the planning area (for detailed urban planning projects at a scale of 1/500).

4. Regarding rural residential area development planning

a) Planning the network of rural residential areas

- The content of the decision approving the planning assignment for the network of rural residential areas includes: Boundaries, scale of the commune; some basic expected indicators regarding population, land, and technical infrastructure; requirements for arranging the network of residential points, functional zones, major facilities, power supply, water supply... other research requirements to achieve development goals; list of files, drawings.

- The content of the decision approving the planning project for the network of rural residential areas includes: Boundaries, population scale, construction land scale according to development stages; main economic-technical indicators regarding land and technical infrastructure; location, scale of the commune center, cluster commune center (if any), other concentrated rural residential areas; functional zones, key facilities; power supply, water supply, and planning solutions for technical infrastructure systems, environment; priority investment projects and resources for implementation; issues related to implementation organization.

b) Planning the commune center or rural residential area

- The content of the decision approving the planning assignment for the commune center or rural residential area includes: Boundaries, planning scope; some basic indicators regarding population, construction land, and technical infrastructure, land use requirements, major facilities; population scale, land scale, planning solutions for technical infrastructure networks; list of files, drawings consistent with the planning assignment content.

- The content of the decision approving the planning project for the commune center or rural residential area includes: Boundaries, scale of the commune center, cluster commune center (if any), rural residential area; main economic-technical indicators regarding population, construction land, and technical infrastructure; land use structure according to functions, functional zones, spatial organization solutions; location, scale of major facilities; power supply, water supply, and planning solutions for technical infrastructure networks, environment; investment projects and capital for implementation; issues related to implementation organization.

III. Time for Approving Urban Development Plans

Implemented in accordance with Articles 11, 19, 28, and 36 of Decree 08/2005/NĐ-CP, the time for approving detailed urban planning tasks is 30 working days from the date of receiving complete and valid files from the competent authority.

Chapter VI

ARTICLE ADJUSTING URBAN PLANNING AND CONSTRUCTION

The organization of preparation, examination, approval of adjustments to urban planning and construction shall be governed by Articles 12, 20, 29, and 37 of Decree No. 08/2005/NĐ-CP, and specific guidance on certain contents is provided as follows:

1. Local People's Committees at all levels shall have the responsibility to regularly inspect and review the implementation of approved urban planning and construction. Based on the actual situation of economic and social development and factors affecting urban development, the authority approving urban planning and construction shall decide on the time frame and content for adjusting urban planning and construction.

2. Partial adjustment of urban planning and construction refers to changes in one or several aspects such as nature, function, scale, economic and technical indicators, etc., of one or several areas already defined in previous urban planning and construction without altering major directions for socio-economic development, spatial architectural layout, and primary infrastructure network arrangements already determined in previous urban planning and construction.

3. Provincial People's Committees may delegate authority to approve partial adjustment projects within their jurisdiction to District People's Committees based on specific circumstances.

Chapter VII

IMPLEMENTATION

1. This Circular replaces the following documents:

a) Decision No. 322/BXD-ĐT dated December 28, 1993 of the Minister of Construction regarding the preparation of urban planning and construction projects;

b) Circular No. 25/BXD-KTQH dated August 22, 1995 of the Minister of Construction guiding the examination of urban planning and construction projects;

c) Circular No. 03/BXD-KTQH dated June 4, 1997 of the Minister of Construction guiding the preparation and examination of planning and construction projects for towns and market towns;

d) Document No. 772/BXD-KTQH dated May 5, 2000 of the Minister of Construction implementing Directive No. 30/1999/CT-TTg on guiding the preparation of comprehensive plans for urban and rural residential area development.

2. For urban planning and construction projects that were implemented before the effective date of Decree No. 08/2005/NĐ-CP, the following shall apply:

a) The content of urban planning and construction projects shall be carried out according to the guidelines set forth in the documents mentioned in Clause 1 of this Article;

b) For urban planning and construction projects not yet examined and approved, they shall be implemented in accordance with the provisions of the Construction Law and Decree No. 08/2005/NĐ-CP;

c) Project management agencies responsible for surveying and planning construction shall organize the settlement and final accounting of planning construction funds in accordance with current legal documents;

d) Local People's Committees at all levels shall allocate funds to publish and mark boundaries of approved urban planning and construction projects on-site in accordance with the provisions of the Construction Law and Decree No. 08/2005/NĐ-CP.

3. The Department of Architecture and Urban Planning under the Ministry of Construction, the Department of Construction, or the Department of Urban Planning and Architecture of centrally-administered cities and provinces shall be responsible for regularly and periodically checking the preparation of urban planning and construction and the development of rural and urban areas according to approved urban planning and construction.

4. Management agencies of urban planning and construction at all levels in localities shall report in writing every six months and annually on the plan and program for preparing urban planning and construction and the situation of managing and implementing urban planning and construction in their respective jurisdictions, specifically as follows:

a) The urban planning and construction management agency at the district level shall report to the Department of Construction or the Department of Urban Planning and Architecture and the District People's Committee on the above contents within the territory managed by the district (district, town, city directly under the province);

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

5. This Circular shall take effect fifteen days from the date of publication in the Official Gazette./.