Decree No. 34/2026/ND-CP Amending and supplementing certain Articles of Decree No. 178/2025/ND-CP dated July 1, 2025 of the Government detailing some provisions of the Urban and Rural Planning Law

NDECREE

Amending and supplementing some articles of Decree No. 178/2025/NĐ-CP

dated July 1, 2025 of the Government detailing some provisions of the Urban and Rural Planning Law

BASED ON

 ________________

The Government Organization Law No. 63/2025/QH15;

The Urban and Rural Planning Law No. 47/2024/QH15 amended and supplemented by Law No. 144/2025/QH15;

At the proposal of the Minister of Construction;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 178/2025/NĐ-CP dated July 1, 2025 of the Government detailing some provisions of the Urban and Rural Planning Law.

Article 1. Amending and supplementing some points and clauses of Article 1 as follows:

1. Amending and supplementing the opening clause of Clause 1 as follows:

"1. This Decree details some provisions of the Urban and Rural Planning Law No. 47/2024/QH15, amended and supplemented by Law No. 144/2025/QH15, including:"

2. Amending and supplementing Point b, c, Point o, and adding Point k1 after Point k of Clause 1 as follows:

"b) Point a Clause 5 Article 3 regarding cases of preparing detailed planning for areas within the general urban planning or general economic zone planning or national tourism area planning that have been approved, with scale, management requirements, and development needs;"

"c) Point b Clause 5 Article 3 regarding cases of preparing detailed planning according to scale, management requirements, and development needs for functional zones that are not economic zones or national tourism areas; special zones;"

"k1) Point b Clause 1 Article 21 regarding the scope of general urban planning at provincial level or city level based on conditions of area, population density, and non-agricultural labor ratio;"

"o) Clause 5 Article 4 of Law No. 144/2025/QH15 regarding continuing to prepare, review, and approve detailed planning for cities, economic zones, and national tourism areas that had general planning approved before July 1, 2025."

Article 2. Amending and supplementing Clause 1 of Article 3 as follows:

"1. The agency organizing the planning is the agency, organization, or investor responsible for preparing planning tasks, urban and rural planning in accordance with Article 17 of the Urban and Rural Planning Law, consistent with the two-level local government structure."

Article 3. Amending and supplementing Clause 4 of Article 5 as follows:

"4. Consulting organizations participating in urban and rural planning must meet the capacity requirements stipulated by the Urban and Rural Planning Law and construction laws."

Article 4. Amending and supplementing Article 7 as follows:

"Article 7. Cases of preparing general urban planning

1. The scope of preparing general urban planning as stipulated in Clause 4 Article 3 and Point b Clause 1 Article 21 of the Urban and Rural Planning Law shall be determined as follows:

a) City; province expected to become a city in the overall urban system or regional planning or provincial planning;

b) Special zone as a city or special zone oriented towards the urban system in the overall urban system or regional planning or provincial planning or general city planning;

c) Consisting of several adjacent wards or a single independent ward (without adjacent wards around it), determined to belong to the urban system according to the orientation in the overall urban system or regional planning or provincial planning or general city planning;

d) Consisting of several adjacent wards or a single independent ward (without adjacent wards around it) and the scope of adjacent communes, determined to belong to the urban system according to the orientation in the overall urban system or regional planning or provincial planning or general city planning, while meeting the minimum area requirement of 50 km², minimum population density of 300 people/km² and minimum non-agricultural labor ratio of 30%;

đ) Having a minimum planning scope according to the administrative unit boundary of commune, determined as a new city belonging to the urban system according to the orientation in the overall urban system or regional planning or provincial planning or general city planning.

2. The scope of planning within the content of the approved general urban planning serves as the basis and foundation for urban development management."

Article 5. Amending and supplementing Article 8 as follows:

"Article 8. Cases of preparing detailed planning

1. Areas within the general city planning or general planning of a new city expected to become a city; areas within the general urban planning remaining or general economic zone planning or general national tourism area planning shall prepare detailed planning when determined in the implementation plan of the general planning according to the scale defined based on the spatial structure of the approved general planning and decided by the Provincial People's Committee.

2. Functional zones as stipulated in Point b Clause 5 Article 3 of the Urban and Rural Planning Law have their scale defined by the Provincial People's Committee based on management and development requirements or determined to have investment and construction infrastructure technical objectives according to construction laws.

3. Areas determined based on general planning or provincial planning (for special zones within provinces, not oriented as cities) to implement infrastructure construction projects according to construction laws."

Article 6. Amending and supplementing Point c Clause 1 and Clause 2 of Article 9 as follows:

"c) Functional zones with scale defined by the competent authority approving detailed planning based on provincial planning or general city planning to implement investment and construction projects according to construction laws, except for cases stipulated in Clause 2 of this Article.

2. For land plots meeting the provisions of Clause 3 or Clause 5 of this Decree, detailed planning shall be prepared through a simplified process (called the 'overall site planning' process), without having to prepare and approve planning tasks and organize reviews and approvals of planning."

Article 7. Amending and supplementing Point a Clause 3 and Point c Clause 6 of Article 10 as follows:

"a) With a land use scale smaller than 02 hectares for residential building investment projects; or smaller than 10 hectares for factory, enterprise, industrial facility, educational institution, or non-linear infrastructure construction projects determined according to general planning or specialized infrastructure planning or provincial planning or technically specialized planning already approved; or smaller than 05 hectares for other cases;

c) The approving authority for detailed planning or the agency authorized to examine and issue approval for overall site planning must ensure the requirements of Clause 3 and Clause 4 of this Article. The time for the approving authority for detailed planning or the agency authorized to examine and approve overall site planning shall not exceed 15 days from the date of receiving complete documentation from the planning organizing agency."

Article 8. Amend and supplement Clause 1 of Article 12 as follows:

"1. The agency organizing the planning shall submit the accompanying documents with the planning task dossier for urban and rural areas through the national construction activity database system to the competent authority for review.

For the planning task dossiers for urban and rural areas that have not been submitted for review as prescribed in this clause before January 1, 2026, after being approved, the agency organizing the planning shall be responsible for submitting the reviewed and approved dossiers through the national construction activity database system."

Article 9. Amend and supplement Clause 1 of Article 14 as follows:

"1. The agency organizing the planning shall select consulting organizations meeting the conditions stipulated in Article 5 of this Decree to carry out the planning; during the process of planning for urban and rural areas, it must implement public consultation as prescribed in Article 37 of the Urban and Rural Planning Law."

Article 10. Amend and supplement Clause 1 of Article 15 as follows:

"1. The agency organizing the planning shall submit the accompanying documents with the planning dossier for urban and rural areas through the national construction activity database system to the competent authority for review.

For the planning dossiers for urban and rural areas that have not been submitted for review as prescribed in this clause before January 1, 2026, after being approved, the agency organizing the planning shall be responsible for submitting the reviewed and approved dossiers through the national construction activity database system."

Article 11. Amend and supplement Clause 2 of Article 18 as follows:

"2. Geographical map information and data must meet the requirements for preparing planning tasks and plans, suitable for each type and level of planning. In cases where the geographical map does not match the current situation at the time of planning, the competent authority approving the planning task and plan for urban and rural areas shall decide on supplementary surveys to ensure technical requirements as prescribed in laws on surveying and mapping."

Article 12. Amend, supplement, and abolish some clauses of Article 21 as follows:

1. Abolish Clause 2.

2. Amend and supplement Clause 3 as follows:

"3. The provincial People's Committee (for planning within the Prime Minister’s approval authority) and the approving authority shall be responsible for issuing annual budget plans and approving cost estimates for urban and rural planning activities. The provincial People's Committee may delegate its authority to subordinate agencies to approve cost estimates for urban and rural planning activities in accordance with local government organization laws.

In cases where the planning task and plan for urban and rural areas are organized by an investor who is also the planning organizing agency, such agency shall be responsible for approving cost estimates for the planning task and plan for urban and rural areas."

Article 13. Amend and supplement the name of Article 25 as follows:

"Article 25. Provisions on continuing to prepare, review, and approve district-level zoning plans for cities, economic zones, and national tourist areas which have been approved general plans before July 1, 2025."

Article 14. Replace phrases in points and clauses

Replace the phrase "central city" with the phrase "city" in Clause 4 of Article 4; Point c of Clause 1 and the opening paragraph of Clauses 4 and 5 of Article 23.

Article 15. Implementation clause

This Decree takes effect from the date of issuance.