Decision No. 18/2025/QĐ-TTg stipulates the procedures and formalities for approving partial amendments to urban and rural planning schemes organized by the provincial People's Committee. This document provides detailed guidance on steps from filing the dossier to announcing the content of partial amendments.
适用范围
Provincial People's Committee, specialized agencies for urban and rural planning under the provincial People's Committee
要点
- The provincial People's Committee must ensure compliance with regulations regarding types of amendments, bases, principles, and conditions when conducting partial amendments to the planning scheme (Article 1).
- Procedures and formalities for approving partial amendments to the planning scheme shall be carried out according to Clause 2 of Article 47 of the Urban and Rural Planning Law 2024 (Article 2).
- The provincial People's Committee is responsible for preparing the dossier for partial amendments to the planning scheme or delegating this task to specialized agencies or administrative organizations under its jurisdiction (Article 3).
- The review period shall not exceed 20 days from the date of receiving complete and valid dossiers, and the time for the Ministry of Construction to provide comments shall not exceed 15 days (Article 5).
- The provincial People's Committee shall approve partial amendments to the planning scheme after receiving written comments from the Ministry of Construction, with the approval period not exceeding 15 days from the date of reaching a consensus with the Ministry of Construction (Article 6).
🌐 本文件的社会影响
- Enhances transparency and efficiency in amending urban and rural planning.
- May create administrative burdens for related agencies due to requirements for deadlines and specific procedures.
- Ensures the compatibility of amendments with current standards, contributing to improving the quality of urban and rural planning.
❓ 常见问题
What is the duration of the review period for dossiers on partial amendments to urban and rural planning?
The review period shall not exceed 20 days from the date of receiving complete and valid dossiers (Article 5).
What actions should the provincial People's Committee take after receiving comments from the Ministry of Construction?
After receiving written comments from the Ministry of Construction, the provincial People's Committee shall approve partial amendments to the urban and rural planning scheme (Article 6).
Where should dossiers related to partial amendments to the planning scheme be sent after approval?
A complete set of dossiers should be submitted to the Ministry of Construction for storage and monitoring (Article 6).
What is the duration for announcing the content of partial amendments to urban and rural planning?
Not later than 15 days from the date of approval by the competent authority (Article 7).
Which decisions are replaced by this Decision?
Decisions No. 15/2022/QĐ-TTg, No. 20/2022/QĐ-TTg, No. 07/2023/QĐ-TTg, No. 20/2023/QĐ-TTg, and No. 23/2024/QĐ-TTg (Article 8).
全文
Pursuant to …;
Regulations on the procedures for approving partial amendments to urban and rural planning schemes
approved by the Prime Minister
organized by provincial People's Committees
______________
Pursuant to the Law on Government Organization on February 18, 2025;
Pursuant to the Law on Organization of Local State Administration of June 16, 2025;
Pursuant to the Law on Urban and Rural Planning of November 26, 2024;
Based on the proposal of the Minister of Construction in Report No. 41/TTr-BXD dated May 23, 2025, the Explanation and Adoption Report No. 64/BC-BXD dated May 23, 2025, and Document No. 5537/BXD-QHKT dated June 23, 2025 of the Ministry of Construction; 5 The Prime Minister issues this Decision to regulate the procedures for approving partial amendments to urban and rural planning schemes already approved by the Prime Minister and organized by provincial People's Committees.
Article 1. Principles for Partial Amendments to Urban and Rural Planning Schemes Already Approved by the Prime Minister and Organized by Provincial People's Committees
When provincial People's Committees carry out partial amendments to urban and rural planning schemes already approved by the Prime Minister and organized by provincial People's Committees (hereinafter referred to as Partial Amendments to Urban and Rural Planning Schemes), they must ensure compliance with the provisions on types of amendments, bases, principles, conditions, and contents of partial amendments as stipulated in the Law on Urban and Rural Planning.
Article 2. Procedures for Approving Partial Amendments to Urban and Rural Planning Schemes
The procedures for approving partial amendments to urban and rural planning schemes shall be implemented in accordance with Clause 2 of Article 47 of the Law on Urban and Rural Planning 2024.
Article 3. Preparation of Documents for Partial Amendments to Urban and Rural Planning Schemes
1. Provincial People's Committees are responsible for preparing documents for partial amendments to urban and rural planning schemes or delegating such tasks to specialized agencies or administrative organizations under their jurisdiction. The preparation of documents for partial amendments may be carried out independently or through the selection of consulting organizations that meet the requirements set forth in the Law on Urban and Rural Planning 2024, ensuring the independence between the preparation, review, and approval of partial amendments to urban and rural planning schemes.
2. The components and contents of documents for partial amendments to urban and rural planning schemes shall be implemented in accordance with the regulations of the Ministry of Construction regarding planning task documents, urban and rural planning documents.
Article 4. Soliciting Opinions on the Contents of Partial Amendments to Urban and Rural Planning Schemes
1. The entities to solicit opinions shall be carried out in accordance with point a of Clause 2 of Article 47 of the Law on Urban and Rural Planning 2024.
2. The content, form, and time frame for soliciting opinions on the contents of partial amendments to urban and rural planning schemes shall be implemented in accordance with Clauses 6 and 7 of Article 37 of the Law on Urban and Rural Planning 2024.
Article 5. Reviewing Partial Amendments to Urban and Rural Planning Schemes
1. The specialized agency on urban and rural planning directly under the provincial People's Committee is the reviewing agency for partial amendments to urban and rural planning schemes (abbreviated as the Reviewing Agency).
2. The Reviewing Agency shall compile the results of the review in writing and report them to the provincial People's Committee for consideration and approval; it shall bear responsibility before the law, the provincial People's Committee, and the Ministry of Construction for the results of its review of partial amendments.
3. The content of the review includes:
a) Compliance with the procedures and requirements for preparing partial amendments to urban and rural planning schemes as stipulated in this Decision;
b) Evaluation of the consistency of proposed contents with the provisions on bases, conditions, and contents of partial amendments as stipulated in the Law on Urban and Rural Planning;
c) Evaluation of consistency with current standards on construction planning and related standards;
d) Evaluation of consistency with the principles and requirements for urban and rural planning as stipulated in Articles 6 and 7 of the Law on Urban and Rural Planning.
4. The documents submitted for review include those specified in Clause 2 of Article 3 and the documents adopting and explaining participating opinions as stipulated in Article 4 of this Decision.
5. The review period shall not exceed twenty days from the date of receipt of complete and valid documents as prescribed.
5. The time for examination shall not exceed twenty days from the date of receiving complete and valid files in accordance with the provisions.
Article 6. Approval of Partial Adjustments to Urban and Rural Planning
1. The People's Committee of the province shall approve partial adjustments to urban and rural planning after receiving written comments from the Ministry of Construction.
a) The contents of the comments from the Ministry of Construction include: Basis, conditions, and the content of partial adjustments to urban and rural planning; compatibility with construction planning standards and other related standards.
b) The dossier submitted for comments from the Ministry of Construction includes: The written document from the People's Committee of the province sent to the Ministry of Construction; the dossier as prescribed in Clause 5, Article 5 of this Decision and the draft report on the results of the review by the Reviewing Authority.
c) The dossier for comments from the Ministry of Construction consists of one original paper document and an electronic document in Portable Document Format (*.pdf) version 1.4 or higher (including digitized A0 size drawings).
d) The time for the Ministry of Construction to provide comments shall not exceed fifteen days from the date of receipt of complete and valid dossiers as prescribed. In cases where the dossier is incomplete or insufficient, the Ministry of Construction must issue a written notice to the People's Committee of the province requesting supplementary information within two working days.
2. In cases where there are differing opinions between the People's Committee of the province and the Ministry of Construction regarding the content of partial adjustments, the People's Committee of the province shall decide on the approval of partial adjustments to urban and rural planning within its authority and bear full responsibility under the law.
3. The decision approving partial adjustments to urban and rural planning must contain all necessary contents, implementation plans, and clearly specify the adjusted or replaced items in the Decision already issued by the Prime Minister and the management regulations according to the approved urban and rural planning.
4. The time for approving partial adjustments to urban and rural planning shall not exceed fifteen days from the date of reaching a consensus with the Ministry of Construction.
5. Drawings and related documents for partial adjustments to urban and rural planning that have been approved must be stamped and confirmed by the Planning Management Agency as the basis and foundation for management and implementation. One complete set of the dossier must be sent to the Ministry of Construction for record-keeping and monitoring.
Article 7. Updating and Publicizing the Content of Partial Adjustments to Urban and Rural Planning
1. Publicly announce all contents of partial adjustments to urban and rural planning except those related to national defense, security, and state secrets.
2. At the latest, within fifteen days from the date of approval by the competent authority, partial adjustments to urban and rural planning must be published on the Construction Planning and Urban Planning Portal of Vietnam (http://quyhoach.xaydung.gov.vn) and publicly announced through forms prescribed in the Law on Urban and Rural Planning 2024.
3. Report on the implementation results of partial adjustments to urban and rural planning by sending the approval decision to the Prime Minister, the Ministry of Construction, and the Provincial People's Council.
4. Update partial adjustments by submitting the dossier of approved partial adjustments to urban and rural planning to relevant agencies and organizations implementing urban and rural planning activities that retain dossiers approved by the Prime Minister.
Article 8. Implementation clause
1. This Decision shall take effect from July 1, 2025.
2. This Decision replaces the following Decisions of the Prime Minister: No. 15/2022/QĐ-TTg dated May 27, 2022, No. 20/2022/QĐ-TTg dated October 12, 2022, No. 07/2023/QĐ-TTg dated March 17, 2023, No. 20/2023/QĐ-TTg dated August 10, 2023, and No. 23/2024/QĐ-TTg dated December 10, 2024.
3. Partial adjustments to Construction Planning and Urban Planning approved by the Prime Minister and reviewed by the Ministry of Construction before July 1, 2025 shall continue to be implemented according to laws on construction and urban planning.
4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, People's Committees of provinces, and Heads of related units are responsible for enforcing this Decision.
DEPUTY PRIME MINISTER
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