Decision No. 20/2023/QĐ-TTg on the pilot decentralization and procedures for approving partial amendments to the general urban planning for functional zones, the general urban planning, and specialized technical infrastructure planning for Ho Chi Minh City.

Pursuant to …;

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. concerning the pilot decentralization and approval procedures for partial adjustments to the general construction master plan of functional zones,

partial adjustments to the general urban planning, and partial adjustments to the specialized technical infrastructure master plan of Ho Chi Minh City.

partial adjustments to the general urban planning, partial adjustments to the specialized technical infrastructure master plan

of Ho Chi Minh City.

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||| 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 Construction Law dated June 18, 2014; the Law amending and supplementing certain articles of the Construction Law dated June 17, 2020;

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. 98/2023/QH15 dated June 24, 2023 of the National Assembly on piloting certain special mechanisms and policies for the development of Ho Chi Minh City;

At the proposal of the Minister of Construction;

The Prime Minister issues this Decision to stipulate the pilot decentralization and approval procedures for partial adjustments to the general construction master plan of functional zones, partial adjustments to the general urban planning, and partial adjustments to the specialized technical infrastructure master plan of Ho Chi Minh City.

Article 1. Decentralization of authority to approve partial adjustments to the general construction master plan of functional zones, partial adjustments to the general urban planning, and partial adjustments to the specialized technical infrastructure master plan of Ho Chi Minh City

1. Pilot decentralization to the People's Committee of Ho Chi Minh City to implement the approval of partial adjustments to the general construction master plan of functional zones, partial adjustments to the general urban planning, and partial adjustments to the specialized technical infrastructure master plan (hereinafter referred to as partial adjustment of the master plan) within the administrative boundaries under its management based on planning schemes that have been approved by the Prime Minister.

2. When the People's Committee of Ho Chi Minh City implements the partial adjustment of the master plan according to the pilot decentralization, it must ensure compliance with the provisions on the basis, principles, conditions, and contents of partial adjustment of the master plan as stipulated in the construction planning law, urban planning law; point b, Clause 2, Article 6 of Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly; the contents of adjustment shall not change the nature, function, scale, boundaries, and overall development orientation of the functional zone or the city; comply with construction planning standards and other relevant standards.

Article 2. Procedures and formalities for approving partial adjustments to the master plan

In accordance with the pilot decentralization stipulated in Article 1 of this Decision, Article 39 of the Construction Law, amended and supplemented at Clause 12, Article 28 of the Law amending and supplementing certain articles of 37 related laws on planning in 2018, and Article 51 of the Urban Planning Law, amended and supplemented at Clause 10, Article 29 of the Law amending and supplementing certain articles of 37 related laws on planning in 2018 (Law No. 35/2018/QH14), the People's Committee of Ho Chi Minh City directs the implementation of the following steps:

1. Prepare a report on the content and plan for partial adjustment of the master plan.

2. Organize the collection of opinions on the content of partial adjustment of the master plan.

3. Organize the review of partial adjustment of the master plan.

4. Approve the partial adjustment of the master plan after receiving a written agreement from the Ministry of Construction.

5. Update and publish the content of the partial adjustment of the master plan in accordance with regulations.

6. Report the results of implementing the partial adjustment of the master plan in the form of submitting the Decision approving the partial adjustment of the master plan to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.

Article 3. Establishing files for partial adjustment of planning

1. The contents of the file for partial adjustment of planning must comply with the provisions of laws on construction planning, urban planning, Decrees and Circulars currently in effect.

2. The file includes a report on the content and plan for partial adjustment of planning, drawings, legal documents, related materials, and a draft Decision approving the partial adjustment of planning.

3. The report on the content and plan for partial adjustment of planning must clearly state:

a) Reasons, necessity, causes leading to the need for adjustment of the overall planning, which can only be adjusted when one of the cases specified in Clause 10, Article 28 of Law No. 35/2018/QH14 (for partial adjustment of overall construction planning of functional zones), Article 47 of the Urban Planning Law amended by Clause 8, Article 29 of Law No. 35/2018/QH14 (for partial adjustment of overall urban planning, partial adjustment of specialized infrastructure planning), and according to Point b, Clause 2, Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly.

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

c) Analysis and evaluation of the proposed partial adjustment contents ensuring: not changing the nature, function, scale, boundaries, general development orientation of functional zones, cities; not overloading technical infrastructure, social infrastructure of the area proposed for planning adjustment; continuity and synchronization of the existing overall planning.

d) Analysis and evaluation of the economic and social effectiveness of partial adjustment; proposals for measures to address new issues arising from partial planning adjustment; plans for implementation schedule and progress after approval of the overall partial adjustment planning by the People's Committee of Ho Chi Minh City.

Article 4. Soliciting opinions on the content of partial adjustment of planning

1. Solicit opinions from the community in the area proposed for partial adjustment and surrounding areas directly affected by the content of partial adjustment of planning; solicit opinions from relevant agencies and organizations concerning the proposed partial adjustment of planning (if necessary).

2. Contributions and opinions of representatives of the community and relevant agencies and organizations (if any) must be compiled and explained in writing. The contents of contributions must be analyzed and explained thoroughly, serving 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 document explaining and incorporating opinions is a component of the file submitted for review and approval of partial adjustment of planning.

3. Forms and time for soliciting opinions:

a) Soliciting opinions from relevant agencies and organizations (if any) shall be conducted through submitting files and documents directly or online; organizing meetings and seminars. Agencies and organizations solicited for opinions have the responsibility to respond in writing or provide direct comments.

b) Soliciting opinions from the community shall be conducted through collecting opinions from community representatives by distributing questionnaires or conducting interviews. Community representatives have the responsibility to compile community opinions in accordance with the law on grassroots democracy.

c) The time for soliciting opinions from agencies, organizations, individuals, and the community on the content of partial adjustment of overall construction planning of functional zones as stipulated in Clause 4, Article 17 of the Construction Law 2014; partial adjustment of overall urban planning, partial adjustment of specialized infrastructure planning as stipulated in Clause 4, Article 21 of the Urban Planning Law 2009.

Article 5. Review partial adjustment qdetailed planning

1. The Department of Planning and Architecture of Ho Chi Minh City is the agency responsible for reviewing partial adjustments to the general construction planning of functional areas, partial adjustments to the general urban planning, and partial adjustments to specialized technical infrastructure planning.

2. The review content includes:

a) Compliance with the requirements for adjustment bases, adjustment conditions, and the contents of partial planning adjustments according to the provisions of construction planning laws, urban planning laws, ensuring legality, feasibility, and conformity with current standards and related standards.

b) The Department of Planning and Architecture of Ho Chi Minh City compiles the review results in writing, reports to the People's Committee of Ho Chi Minh City for consideration and approval; bears legal responsibility and is accountable to the People's Committee of Ho Chi Minh City regarding the results of its partial planning adjustment reviews.

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

4. The dossier for submission to the review includes the following:

a) Reports from the agencies organizing the partial adjustment of the planning according to the contents stipulated in Clause 3, Article 3 of this Decision, relevant legal documents and materials, and explanations of opinions from agencies, organizations, and community residents on the planning adjustment contents.

b) Drawings reflecting the contents of partial planning adjustments, determining the planning indicators achieved after the partial planning adjustments; referencing and comparing with the approved planning indicators.

c) Draft Decision of the People's Committee of Ho Chi Minh City approving the partial planning adjustment.

Article 6. Approval of Partial Planning Adjustments

1. The People's Committee of Ho Chi Minh City approves partial planning adjustments after receiving a unified written opinion from the Ministry of Construction.

a) The content of the unified opinion of the Ministry of Construction includes: Bases, conditions, and contents of partial planning adjustments, compatibility with construction planning standards and related standards.

b) The dossier submitted for the unified opinion of the Ministry of Construction includes: The document of the People's Committee of Ho Chi Minh City sent to the Ministry of Construction; the dossier as prescribed in Clause 4, Article 5 of this Decision, and the report on the review results of the partial adjustment review agency.

c) The dossier for soliciting the unified opinion of the Ministry of Construction shall be submitted through one of the following methods: submitting directly to the Ministry of Construction, sending via public postal service, or sending via electronic document system.

d) The time for the Ministry of Construction to provide comments shall not exceed 15 days from the date of receipt of complete valid dossiers as prescribed. In case the Ministry of Construction does not provide comments within the prescribed period, the People's Committee of Ho Chi Minh City will decide on approval according to the delegated authority being piloted.

2. In cases where there are differing opinions between the People's Committee of Ho Chi Minh City and the Ministry of Construction on the contents of partial planning adjustments, the People's Committee of Ho Chi Minh City shall follow the opinion of the Ministry of Construction.

3. The approval decision for partial planning adjustments must include all necessary contents and plans for partial planning adjustments according to the principle of focusing on the necessary adjustment contents, while the non-adjusted parts of the previously approved planning retain their legal validity.

4. The time for approving partial planning adjustments shall not exceed 15 days from the date of receipt of complete valid dossiers as prescribed (excluding the time for soliciting opinions from the Ministry of Construction).

5. Drawings and related documents for approved partial planning adjustments and updated planning dossiers must be stamped and confirmed by the Department of Planning and Architecture of Ho Chi Minh City as the basis and foundation for management and implementation. One complete set of the dossier should be sent to the Ministry of Construction for record-keeping and monitoring.

Article 7. Updating and Publicizing the Content of Partially Amended Planning

1. The contents of the partially amended planning that have been approved shall be updated into the issued Planning dossier, including drawings and management regulations according to the approved planning scheme to ensure consistency.

2. The content for public announcement includes all the contents that have been partially amended in the planning except those contents regulated by laws on protecting state secrets.

3. At the latest within fifteen days from the date when the partially amended planning is approved by the competent authority, the partially amended planning must be published on the Construction and Urban Planning Portal of Vietnam (http://quyhoach.xaydung.gov.vn) and publicly announced through forms prescribed by the Law on Construction and the Law on Urban Planning.

Article 8. Implementation clause

1. This Decision takes effect from the date of issuance and ceases to be effective when Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly on piloting special mechanisms and policies for the development of Ho Chi Minh City ceases to be effective.

2. Transitional provisions:

a) For the dossier of partially amended general planning for functional zones, partially amended general urban planning, and partially amended specialized infrastructure planning currently under review or awaiting approval according to the Law on Urban Planning 2009, the Law on Construction 2014, and the Law amending and supplementing certain articles of 37 related laws on planning, continue to implement the review and approval process according to the Law on Urban Planning 2009, the Law on Construction 2014, the Law amending and supplementing certain articles of 37 related laws on planning, and current Decrees and Circulars.

b) For the dossier of partially amended general planning for functional zones, partially amended general urban planning, and partially amended specialized infrastructure planning not yet submitted for review or approval according to the Law on Urban Planning 2009, the Law on Construction 2014, the Law amending and supplementing certain articles of 37 related laws on planning, and current Decrees and Circulars, implement according to this Decision.

c) After this Decision ceases to be effective, for the dossiers of partially amended general planning for functional zones, partially amended general urban planning, and partially amended specialized infrastructure planning currently under review or awaiting approval according to this Decision, continue to implement the review and approval process according to this Decision.

3. The Ministry of Construction shall take the lead and coordinate with the People's Committee of Ho Chi Minh City to monitor, inspect, summarize, and evaluate the results of piloting the delegation of approval authority, procedures, and approval processes for partially amended general planning for functional zones, partially amended general urban planning, and partially amended specialized infrastructure planning of Ho Chi Minh City, and report to the Government to submit to the National Assembly as prescribed.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairman of the People's Committee of Ho Chi Minh City, and Heads of relevant units are responsible for implementing this Decision.