Decision No. 20/2022/QĐ-TTg stipulates the pilot decentralization of approval authority, procedures, and approval processes for partial amendments to the overall urban planning of functional zones and cities under Khánh Hòa Province issued by the Prime Minister.

Pursuant to …;

Provisions on the pilot decentralization of approval authority, procedures, and approval formalities for partial adjustments to the overall urban planning of functional zones and partial adjustments to the overall urban planning of cities under Khanh Hoa Province

^{___________________________}

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Construction promulgated on June 18, 2014;

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

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

Pursuant to Resolution No. 55/2022/QH15 dated June 16, 2022 of the National Assembly on piloting certain special mechanisms and policies for the development of Khanh Hoa Province;

Tbased on the proposal of the Minister of Construction in Report No. 29/TTr-BXD dated September 6, 2022 and the Report and Explanation on the Incorporation of Comments from the Reviewing Authority No. 105/BC-BXD dated September 6, 2022;

The Prime Minister promulgates this Decision to provide provisions on the pilot decentralization of approval authorityt s for approving partial adjustments to the overall urban planning of functional zones and partial adjustments to the overall urban planning of cities (hereinafter referred to as partial adjustment to the overall planning) within the administrative boundaries under their management based on planning schemes that have been approved by the Prime Minister. in Khanh Hoa Province.

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

1. Pilot decentralization to allow the People's Committee of Khanh Hoa Province to approve partial adjustments to the overall urban planning of functional zones and partial adjustments to the overall urban planning of cities (hereinafter referred to as partial adjustment to the overall planning) based on planning schemes that have been approved by the Prime Minister within the administrative boundaries under their management.

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

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

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

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

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

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

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

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

6. Submit a report on the results of implementing the partial adjustment to the overall planning in the form of sending the Decision approving the partial adjustment to the overall planning to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.
The Prime Minister, the Ministry of Construction, and the People's Councils at the same level.

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

1. The dossier and content of the partial adjustment to the overall planning must comply with the Construction Law, the Urban Planning Law, and current decrees and circulars.
2. The dossier includes a report on the content and plan for the partial adjustment to the overall planning, drawings, legal documents, related materials, and a draft Decision approving the partial adjustment to the overall planning.

a) Reasons, necessity, and causes leading to the need for adjusting the overall planning (functional zone, city) and can only be adjusted when one of the cases provided for in Clause 10, Article 28 of Law No. 35/2018/QH14 applies (for partial adjustment to the overall planning of functional zones), Clause 8, Article 29 of Law No. 35/2018/QH14 (for partial adjustment to the overall planning of cities).

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

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

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

d) Analyze and evaluate the economic and social effectiveness of the partial adjustment; propose measures to address new issues arising from the partial adjustment to the overall planning; a plan on the roadmap and progress of implementation after the partial adjustment to the overall planning has been approved by the People's Committee of Khanh Hoa Province.

d) Analysis and evaluation of the socio-economic effectiveness of the partial adjustment; proposals for measures to address new issues arising from the partial adjustment of the master plan; plans regarding the roadmap and progress schedule for implementation following the partial adjustment of the overall master plan after being approved by the People's Committee of Khanh Hoa Province.

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

1. Solicit opinions from the community residents in the area to be partially adjusted and surrounding areas directly affected by the partial adjustment to the overall planning; solicit opinions from relevant agencies and organizations on the proposed partial adjustment to the overall planning (if necessary).

2. Any comments from representatives of the community and relevant agencies and organizations (if any) must be compiled and explained in writing. The contents of the comments must be analyzed and explained fully to serve as a basis for completing the planning scheme in a manner that ensures compatibility, feasibility, and harmony between the interests of the State and the community. The explanatory document incorporating comments is part of the dossier for review and approval of the partial adjustment to the overall planning.

3. Forms and time for soliciting opinions:

a) Soliciting opinions from relevant agencies and organizations (if any) is carried out through several forms: submitting files and documents directly or via postal service or organizing meetings and seminars. Agencies and organizations solicited for opinions are responsible for responding in writing or providing direct comments.

b) Soliciting opinions from the community is conducted through soliciting opinions from community representatives by means of distributing questionnaires or conducting interviews. Community representatives are responsible for compiling community opinions in accordance with the law on grassroots democracy.

c) The time limit for soliciting opinions from agencies, organizations, individuals, and the community on the partial adjustment to the overall planning of functional zones is as prescribed in Clause 4, Article 17 of the Construction Law 2014; partial adjustment to the overall planning of cities is as prescribed in Clause 4, Article 21 of the Urban Planning Law 2009.

Article 5. Review partial adjustment qdetailed planning ) are determined according to the following formula:

1. The Department of Construction of Khanh Hoa Province is the agency responsible for reviewing the partial adjustment to the overall planning.

2. The review content includes:

a) Ensuring compliance with the requirements for the basis for adjustment, conditions for adjustment, and contents of the partial adjustment to the overall planning as stipulated in the laws on construction planning and urban planning, ensuring legality and feasibility; consistency with current construction planning standards and other relevant standards.

b) The Department of Construction of Khanh Hoa Province shall compile the results of the review in writing, report to the People's Committee of Khanh Hoa Province for consideration and approval; bear responsibility under the law and before the People's Committee of Khanh Hoa Province for the results of the review of the partial adjustment of the overall plan.

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

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

a) The report of the agency organizing the partial adjustment of the overall plan according to the contents stipulated in Clause 3, Article 3 of this Decision, legal documents and related materials, explanatory documents on the opinions of agencies, organizations, and community residents regarding the contents of the plan adjustment.

b) Drawings reflecting the contents of the partial adjustment of the overall plan, determining the planning indicators achieved after the partial adjustment of the overall plan; referencing and comparing with the planning indicators that have been approved.

c) Draft Decision of the People's Committee of Khanh Hoa Province approving the partial adjustment of the overall plan.

Article 6. Approving partial amendments to the overall planning

1. The People's Committee of Khanh Hoa Province shall approve the partial adjustment of the overall plan. Before approval, it must have a written consensus from the Ministry of Construction.

a) The content of the consensus opinion of the Ministry of Construction includes: Basis, conditions, and contents of the partial adjustment of the overall plan, compliance with construction planning standards and other relevant standards.

b) The dossier submitted for the written consensus of the Ministry of Construction includes: The document of the People's Committee of Khanh Hoa Province sent to the Ministry of Construction; the dossier as prescribed in Clause 4, Article 5 of this Decision and the report on the results of the review by the reviewing agency (Department of Construction).

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

d) The time for the Ministry of Construction to give its opinion shall not exceed 15 days from the date of receiving complete valid files as prescribed. In case the Ministry of Construction does not give its opinion within the prescribed time limit, the People's Committee of Khanh Hoa Province shall decide on approval according to the delegated authority being piloted.
Khanh Hoa Province shall decide on approval according to the delegated authority being piloted.

2. In case there are differing opinions between the People's Committee of Khanh Hoa Province and the Ministry of Construction regarding the contents of the partial adjustment of the overall plan, the People's Committee of Khanh Hoa Province shall implement according to the opinion of the Ministry of Construction.

3. The Decision approving the partial adjustment of the overall plan must include all contents and plans for the partial adjustment of the overall plan according to the principle of focusing on the necessary adjustments, the contents of the overall plan already approved that are not adjusted still retain their legal validity.

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

5. Drawings, related files of the partial adjustment of the overall plan that have been approved and the updated planning dossier must be stamped by the Department of Construction as a basis and foundation for management and implementation. One full set of files must be sent to the Ministry of Construction for storage and monitoring.

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

1. Update the contents of the partial adjustment of the overall plan that has been approved into the issued overall planning dossier including drawings and management regulations according to the approved planning project to ensure consistency.

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

3. At the latest 15 days from the date the partial adjustment of the overall plan is approved by the competent authority, the partial adjustment of the overall plan must be published on the Construction Planning and Urban Planning Information Portal of Vietnam (http://quyhoach.xaydung.gov.vn) and publicly announced through forms prescribed by the Construction Law and the Urban Planning Law.

Article 8. Implementation clause

1. This Decision takes effect from the date of issuance and ceases to be effective when Resolution No. 55/2022/QH15 dated June 16, 2022 of the National Assembly on piloting some special mechanisms and policies for the development of Khanh Hoa Province ceases to be effective.

2. The Ministry of Construction shall take the lead, coordinate with the People's Committee of Khanh Hoa Province to monitor, inspect, summarize, and evaluate the results of piloting the delegation of approval authority, procedures, and formalities for the partial adjustment of the overall plan for functional zones and the partial adjustment of the overall urban plan belonging to Khanh Hoa Province, and report to the Government to report to the National Assembly as prescribed.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, the People's Committee of Khanh Hoa Province, and Heads of related units shall be responsible for implementing this Decision./. Be responsible for implementing this Decision.