Directive No. 19/2003/CT-TTg on organizing the preparation of urban construction planning and managing construction according to the plan

DIRECTIVE OF THE PRIME MINISTER

On the organization of urban planning and construction management according to the plan

Following the National Urban Management and Development Conference in 1999 held in Hanoi, the Prime Minister signed and issued Directive No. 30/1999/CT-TTg dated October 26, 1999 on urban planning and construction management work. Since then, ministries, sectors, provinces, centrally governed cities, and local people's committees at all levels have implemented many practical measures to implement the Prime Minister's directive. There have been some positive changes in urban planning and construction management work. However, given the importance of urban areas in the country's industrialization and modernization efforts, and in light of the current situation, urgent issues that need to be focused on and resolved include: the establishment and review of construction plans, particularly detailed plans at a scale of 1/500 in urban areas, which still have many shortcomings in terms of progress, quality, and cost; construction management according to the plan has not been strict due to the lack of comprehensive measures, leading to unauthorized and chaotic construction, hindering investment and construction implementation; architectural and urban aesthetic quality is limited; urban construction order has not been established, causing waste and unnecessary expenses for the people.

To address the above situation, the Prime Minister instructs ministries, sectors, provincial and municipal people's committees under central governance, and urban authorities at all levels to carry out the following tasks:

1. Organization of establishing and reviewing construction plans:

a) Provincial and municipal people's committees under central governance shall direct departments, agencies, and urban authorities at all levels to summarize and evaluate the situation of establishing and reviewing urban construction plans in their respective localities; prioritize allocating state budget funds for surveying and establishing detailed construction plans at a scale of 1/500 in urban areas to ensure that planning precedes investment and construction planning, serving as the basis for annual investment construction plans, project implementation, design and construction, site introduction, issuance of planning certificates, land allocation or leasing, construction permits, and certificates of land use rights and house ownership.

b) The Ministry of Construction shall direct the review and adjustment of approved construction plans; take the lead in establishing construction plans for key regions, Hanoi metropolitan area construction plans, and Ho Chi Minh City metropolitan area construction plans, in accordance with overall socio-economic development plans, and submit them to the Prime Minister for decision; take the lead in drafting a decree on construction plan management to replace Decree No. 91/CP dated August 17, 1994 of the Government on the issuance of the Urban Planning Management Regulation, and submit it to the Government for promulgation; guide the management of planning projects; amend and issue regulations on the establishment and review of construction plans, construction management according to plans, design standards, norms, and criteria.

c) The Ministry of Planning and Investment shall coordinate with the Ministry of Construction and the Ministry of Finance to examine annual funding plans for surveys and construction plans; ensure sufficient funding for surveys and construction plans, especially detailed plans at scales of 1/2,000 and 1/500 for residential areas not included in concentrated investment construction projects; study mechanisms to generate funds for planning work, and submit them to the Prime Minister for consideration and decision.

d) The Ministry of Finance shall guide and direct the allocation, management, auditing, and settlement of state budget funds for planning projects.

2. Construction management according to plans:

a) Provincial and municipal people's committees under central governance:

Shall organize the implementation of approved construction plans based on the application of comprehensive measures: issuing construction management regulations according to approved plans; organizing the public announcement and disclosure of construction plans for public knowledge, inspection, and implementation; setting and reviewing boundary lines of plans and marking them on the ground; introducing and reviewing construction sites according to investors' requirements; providing timely information on construction plans through the issuance of planning certificates; promoting the issuance of construction permits to create favorable conditions for organizations and individuals to construct projects in compliance with approved plans, ensuring architectural quality, landscape, and environmental standards.

Direct the inspection and monitoring of construction activities according to approved construction plans; handle violations of construction order resolutely and conclusively, including unauthorized adjustments to plans beyond authority and legal provisions, non-compliance with plans, unauthorized construction, or construction contrary to permits; unauthorized adjustments to land use plans and conversion of land use purposes beyond authority and non-compliance with approved plans.

Apply measures to inspect and prevent the illegal transfer of land and unauthorized land use rights transfers in areas designated for urban development; strictly prohibit land allocation and construction permit issuance without detailed plans or in accordance with detailed plans along traffic routes and technical corridors.

b) The State Inspectorate shall take the lead and coordinate with the Ministry of Construction, the Ministry of Transport, and the Ministry of Natural Resources and Environment to periodically inspect construction management, land use management, and construction along traffic routes and safe traffic corridors according to approved plans to promptly address violations within their authority, while reporting and proposing measures to the Prime Minister to improve planning construction management.

3. Mobilizing capital for urban development projects:

a) Provincial and municipal people's committees under central governance, based on approved construction plans by competent state agencies, Decree No. 72/2001/NĐ-CP dated October 5, 2001 of the Government on urban classification and urban management levels, and guidance from the Ministry of Construction and the Ministry of Home Affairs:

Direct the People's Committees of provincial cities and districts to develop plans for implementing urban planning and investment upgrading projects, to be submitted to the People's Councils at the same level for approval before implementation, serving as the basis for annual investment construction plans and the launch of construction investment projects consistent with urban classification standards.

Implement measures to encourage and attract various economic sectors to participate in urban development investments; carry out investment and business infrastructure projects in industrial zones, urban areas, concentrated housing areas, or certain roads where land can be reclaimed on both sides to develop detailed planning as the foundation for launching integrated "road with street" construction projects using land funds for infrastructure construction.

b) The Ministry of Construction shall take the lead, coordinating with relevant ministries and sectors to organize research and draft a decree for the Government to issue regarding investment in new urban areas; guide mechanisms for urban development through concentrated construction projects in terms of planning, investment, and construction; business and utilization; finance and land, ensuring that urban development according to projects achieves high efficiency.

4. Implement division of responsibilities among organizations and individuals in organizing urban planning and managing construction according to the plan:

a) The People's Committees of provinces and centrally-administered cities shall study organizational structures, implement division of responsibilities based on clearly defining tasks, authorities, and responsibilities for departments, People's Committees at all levels, and related organizations and individuals in organizing urban planning and managing construction according to the plan; implement administrative reform in planning management and investment in accordance with Decision No. 136/2001/QD-TTg dated September 17, 2001 of the Prime Minister and Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government amending and supplementing some articles of the Investment and Construction Management Regulation attached to Decree No. 52/1999/NĐ-CP dated July 8, 1999 and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government.

For large urban areas, particularly the Hanoi and Ho Chi Minh City regions, where the development of central cities directly affects surrounding provinces in terms of functional division, transportation development, broad infrastructure construction, land use, environmental protection, ecological balance maintenance, the People's Committees of provinces and centrally-administered cities within these regions must proactively cooperate with each other to address issues related to urban planning and construction management according to the plan, and urban and rural development that are of mutual concern.

b) The Ministry of Home Affairs shall take the lead, coordinating with relevant ministries and sectors to study the division of authority and task assignment for urban management structures at all levels towards strengthening the powers, responsibilities, and autonomy of urban authorities at each level in deciding matters concerning the organization of urban planning and construction management according to the plan, developing public area investment plans, managing and utilizing infrastructure, budget revenue and expenditure, personnel organization, improving administrative procedures, resolving complaints and lawsuits, handling violations of construction order, land use, ensuring traffic safety, and environmental protection; coordinate with the Ministry of Construction to organize training courses for urban management officials.

Urban planning and construction management according to the plan plays a significant role in the country's industrialization and modernization efforts and is one of the key tasks of all levels, sectors, and localities. The Prime Minister requires ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and centrally-administered city People's Committees, and local authorities at all levels to have plans to strictly implement this Directive.

The Ministry of Construction shall take the lead, coordinating with relevant ministries, sectors, and provincial and centrally-administered city People's Committees to monitor, guide, and periodically report to the Prime Minister on the implementation of this Directive./.