Decision No. 23/2024/QĐ-TTg provides a pilot on the delegation of authority and procedures for approving partial amendments to Urban Planning and Construction Planning for Functional Areas approved by the Prime Minister on the territory of Da Nang City.

Pursuant to …;

Pilot regulations on the delegation of authority and procedures for approving partial amendments to urban planning and functional area construction planning approved by the Prime Minister on the territory of Da Nang City

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

Pursuant to Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly on the organization of urban administration and pilot implementation of certain special mechanisms and policies for the development of Da Nang City;

Based on the proposal of the Minister of Construction in Circular No. 54/TTr-BXD dated November 13, 2024;

The Prime Minister issues this Decision to provide pilot regulations on the delegation of authority and procedures for approving partial amendments to urban planning and functional area construction planning approved by the Prime Minister on the territory of Da Nang City.

Article 1. Delegation of authority for approval of partial amendments to urban planning and functional area construction planning approved by the Prime Minister on the territory of Da Nang City

1. Pilot delegation to the People's Committee of Da Nang City to approve partial amendments to urban planning and functional area construction planning approved by the Prime Minister on the territory of Da Nang City (hereinafter referred to as partial amendments to urban planning and functional area construction planning).

2. When the People's Committee of Da Nang City implements partial amendments to urban planning and functional area construction planning according to the pilot delegation, it must ensure compliance with the provisions on grounds, principles, conditions for partial amendments, and contents of partial amendments under construction planning laws and urban planning laws; the contents of amendments shall not change the nature, function, scale, boundaries, and overall development orientation of the city or functional areas; compliance with construction planning standards and other related standards.

Article 2. Procedures and formalities for approving partial amendments to urban planning, construction planning

In accordance with the pilot delegation stipulated in Article 1 of this Decision and the provisions in Article 39 of the Construction Law amended and supplemented in Clause 12 of Article 28 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning in 2018 (Law No. 35/2018/QH14) and Article 51 of the Urban Planning Law amended and supplemented in Clause 10 of Article 29 of the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning in 2018 (Law No. 35/2018/QH14), the People's Committee of Da Nang City shall direct the organization to implement the following steps:

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

2. Organize the collection of opinions on the content of partial amendments to urban planning and construction planning.

3. Organize the review of partial amendments to urban planning and construction planning.

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

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

6. Report the results of implementing partial amendments to urban planning and construction planning in the form of submitting the Decision approving partial amendments to urban planning and construction planning to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.

Article 3. Preparation of documents for partial amendments to urban planning and construction planning

1. Documents and contents of partial amendments to urban planning and construction planning must comply with the Construction Law, the Urban Planning Law, and current decrees and circulars.

2. The documents include a report on the content and plan for partial amendments to urban planning and construction planning, drawings, legal documents, relevant materials, and a draft Decision approving partial amendments to urban planning and construction planning.

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

a) Reasons, necessity, and causes leading to the need for partial amendments to urban planning and construction planning and can only be made when one of the cases provided for in Clause 10 of Article 28 of Law No. 35/2018/QH14 (for partial amendments to construction planning of functional areas), Clause 8 of Article 29 of Law No. 35/2018/QH14 (for partial amendments to urban planning).

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

c) Analyze and evaluate the proposed partial amendments to ensure that they do not change the nature, function, scale, boundaries, and overall development orientation of the city or functional areas; do not overload the technical infrastructure and social infrastructure of the area to be amended; ensure the continuity and consistency of existing urban planning and construction planning.

d) Determine the planning indicators achieved after partial amendments, compare them with the planning indicators approved before the amendments; analyze and evaluate the economic and social benefits of the partial amendments; propose measures to address new issues arising from partial amendments; a plan on the roadmap and progress of implementation according to the partial amendments to urban planning and construction planning after being approved by the People's Committee of Da Nang City.

Article 4. Soliciting opinions on the content of partial amendments to urban planning and construction planning

1. Solicit opinions from the community residing in the area proposed for partial amendment and surrounding areas directly affected by such partial amendments; solicit opinions from relevant agencies and organizations concerning the proposed partial amendments to urban planning and construction planning (if necessary).

2. The contributions and opinions of community representatives and relevant agencies and organizations (if any) must be compiled, considered, and explained in writing. The contents of these opinions must be thoroughly analyzed and explained 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.

3. The form and time for soliciting opinions on the content of partial amendments to construction planning for functional zones shall be carried out in accordance with Article 17 of the Construction Law 2014; partial amendments to urban planning shall be conducted in accordance with Article 21 of the Urban Planning Law 2009.

Article 5. Reviewing partial amendments to urban planning and construction planning

1. The Department of Construction of Da Nang City is the reviewing agency for partial amendments to urban planning and construction planning. The People's Committee of Da Nang City decides to establish a Review Board for partial amendments to urban planning and construction planning, with the Department of Construction of Da Nang City serving as the permanent body of the Review Board.

2. The review content includes:

a) Compliance with requirements regarding the basis for amendment, conditions for amendment, and the content of partial amendments according to the provisions of laws on construction planning and urban planning, ensuring legality, feasibility, and conformity with current standards on construction planning and related standards.

b) Based on the opinions of relevant agencies, the Review Board, and the Department of Construction of Da Nang City will conduct the review and compile the results of the review in writing, report to the People's Committee of Da Nang City for consideration and approval; they are responsible before the law and the People's Committee of Da Nang City for the results of their partial amendment review.

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) Reports from the agency organizing the partial amendment to urban planning and construction planning according to the contents stipulated in Clause 3, Article 3 of this Decision, legal documents and related materials, and explanations of the opinions of agencies, organizations, and the community regarding the partial amendment contents of the planning.

b) Drawings showing the contents of partial amendments, determining the planning indicators achieved after the partial amendments; there should be references and comparisons with the approved planning indicators.

c) Draft Decision of the People's Committee of Da Nang City approving the partial amendment to urban planning and construction planning.

Article 6. Approving partial amendments to urban planning and construction planning

1. The People's Committee of Da Nang City approves partial amendments to urban planning and construction planning after obtaining a unified written opinion from the Ministry of Construction.

a) The content of the unified opinion of the Ministry of Construction includes: Basis, conditions, and content of partial amendments to urban planning and construction planning, compatibility with standards on construction planning and related standards.

b) The files sent to solicit the unified opinion of the Ministry of Construction include: The document of the People's Committee of Da Nang City sent to the Ministry of Construction; files as prescribed in Clause 4, Article 5 of this Decision, and the report on the review results of the Department of Construction of Da Nang City.

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 provide an opinion shall not exceed fifteen days from the date of receiving complete valid files as prescribed. In case the Ministry of Construction does not provide an opinion within the prescribed time limit, the People's Committee of Da Nang City shall decide on approval based on the delegated authority.

2. In cases where there are differing opinions between the People's Committee of Da Nang City and the Ministry of Construction on the content of partial amendments, the People's Committee of Da Nang City shall follow the opinion of the Ministry of Construction.

3. The approval decision for partial amendments to urban planning and construction planning must contain all contents and plans for amendments according to the principle of focusing on the content that needs to be amended, while the content of the approved urban planning and construction planning that remains unchanged retains its legal validity.

4. The approval period for partial amendments to urban planning and construction planning shall not exceed fifteen days from the date of receiving complete valid files as prescribed (excluding the time for soliciting opinions from the Ministry of Construction).

5. Drawings and related files for partial amendments to urban planning and construction planning that have been approved and updated planning files must be stamped by the Department of Construction as a basis and foundation for management and implementation. Send one complete set of files to the Ministry of Construction for retention and monitoring.

Article 7. Updating and Publicizing the Content of Partial Amendments to Urban Planning and Construction Planning

1. The contents of partial amendments to urban planning and construction planning that have been approved shall be updated into the urban planning and construction planning files already issued, including drawings and management regulations according to the approved urban planning and construction planning projects to ensure consistency.

2. The public disclosure content includes all the contents of partial amendments to urban planning and construction planning except for those related to national defense, security, and state secrets.

3. Within the latest fifteen days from the date of approval by the competent authority, partial amendments to urban planning and construction planning must be posted on the Vietnam Urban and Construction Planning Portal (http://quyhoach.xaydung.gov.vn) and publicly disclosed through forms prescribed in the Construction Law and the Urban Planning Law.

Article 8. Implementation clause

1. This Decision takes effect from January 1, 2025 and ceases to be effective when Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly on the organization of urban administration and pilot special mechanisms and policies for the development of Da Nang City ceases to be effective.

2. This Decision replaces Decision No. 05/2021/QĐ-TTg dated February 8, 2021 of the Prime Minister stipulating the procedures and formalities for partial amendments to the General Plan of Da Nang City.

3. Transitional Provisions

a) For urban planning amendment files currently under review or being submitted for approval according to Decision No. 05/2021/QĐ-TTg dated February 8, 2021 of the Prime Minister, they shall continue to be implemented according to this Decision.

b) After the effectiveness period of this Decision ends, urban planning and construction planning amendment files currently under review or being submitted for approval according to this Decision shall continue to be reviewed and approved according to the provisions of this Decision.
the urban planning scheme and construction planning scheme that are under review or being submitted for approval in accordance with this Decision shall continue to be reviewed and approved in accordance with this Decision.

4. The Ministry of Construction shall take the lead and coordinate with the People's Committee of Da Nang City to monitor, inspect, summarize, and evaluate the results of the pilot decentralization of approval authority, procedures, and formalities for partial amendments to urban planning and construction planning for functional zones approved by the Prime Minister within the territory of Da Nang City, and report to the Government for submission to the National Assembly as prescribed.

5. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, the People's Committee of Da Nang City, and Heads of relevant units are responsible for implementing this Decision.