Decree No. 44/2015/ND-CP detailing certain provisions on urban planning

DECREE

Article 24provides detailed provisions on certain contents regarding urban planning

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Construction,

At the proposal of issues a Decree to provide detailed provisions oni organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.At the request of the Inspectorate of thecertain contents regarding urban planning.

PART I

GENERAL PROVISIONS

Article 1Scope of regulation and applicable subjects

1. This Decree provides detailed provisions on certain contents of the Construction Law No. 50/2014/QH13, including: Preparation, examination, and approval of urban planning; management of implementation of urban planning; planning permit.

2. This Decree applies to organizations and individuals within Vietnam, and foreign organizations and individuals related to urban planning work on the territory of Vietnam.

Article 2. Review of Urban Planning

1. The review of urban planning aims to control and assess the situation of implementation according to the approved plan and serves as one of the bases for deciding to adjust the plan.

2. The content of the report on reviewing urban planning includes:

a) Reviewing the situation of preparation and implementation of related plans, construction investment projects according to the approved urban planning and implementation plan.

b) Evaluating the targets achieved, impacts, and effectiveness of implementation according to the approved plan.

c) Analyzing new factors during the implementation of urban planning and socio-economic development in the area where the plan is prepared.

d) Recommendations and proposals.

d) The dossier of the report on reviewing urban planning includes: Report document, colored maps at appropriate scales, relevant legal documents.

Article 3. Maps for Preparing Urban Planning Projects

1. Maps for preparing urban planning projects are topographic maps at the time when the organization prepares the urban planning.

a) In cases where there are no topographic maps, surveys must be conducted to prepare maps according to the requirements of each type of urban planning project.

b) In cases where there are existing topographic maps but they are not consistent with the current status at the time of planning or only have land registry maps, supplementary surveys must be carried out to ensure the requirements for preparing urban planning projects and setting boundary markers according to the urban planning.

2. Topographic maps are prepared by entities with legal personality based on the scope of the direct research area for planning and according to the planning tasks and survey budget approved by the competent authority.

Article 4. State Budget Funds for Urban Planning Work

1. State budget funds are balanced annually to prepare and implement:

a) Regional urban planning.

b) General urban planning and functional zone planning for special purposes (if applicable).

c) Detailed urban planning for special function zones that are not part of construction investment projects under business models.

d) General urban planning for communes and detailed urban planning for rural residential areas that are not part of construction investment projects under business models.

2. State budget funds for urban planning work are used for the following activities:

a) Preparation of files and topographic surveys to serve urban planning and specialized infrastructure planning:

- Preparation, examination, and approval of tasks and cost estimates for preparing topographic maps to serve urban planning;

- Collection of data, surveys, and measurements to prepare topographic maps.

b) Preparation, examination, and approval of urban planning and specialized infrastructure planning:

- Preparation, examination, and approval of tasks and projects for urban planning;

- Soliciting opinions from state management agencies on urban planning projects;

- Organizing public opinion solicitation from community residents during the planning process;

- Management of professional planning work.

c) Implementation of urban planning and specialized infrastructure planning:

- Announcing the plan, preparing implementation plans for urban planning;

- Setting boundary markers according to the approved urban planning. The Ministry of Construction will provide specific guidance on setting boundary markers according to the approved urban planning.

Article 5. Management of budget funds for urban planning work

1. The head of the agency shall be responsible for managing budget funds for urban planning work; controlling advance payments, settlements, and final accounts through economic contracts based on volume. Relevant agencies shall cooperate to inspect and supervise.

2. Responsibilities for preparing plans for budget funds for urban planning work:

a) The Ministry of Construction shall prepare a list of urban planning projects and annual budget funding plans for urban planning projects organized by the Ministry of Construction and other urban planning projects assigned by the Prime Minister.

b) People's Committees at all levels shall prepare a list of urban planning projects and annual budget funding plans for urban planning projects within their administrative management scope, except for those specified in Points a and b, Clause 2 of this Article.

3. The Ministry of Construction shall announce norms, unit prices, or methods for determining costs for urban planning work.

4. The Ministry of Finance shall guide advance payments, settlements, and final accounts for urban planning work.

Chapter II

PROVISIONS ON THE PREPARATION, REVIEW, AND APPROVAL OF URBAN PLANNING

Section 1

URBAN PLANNING FOR REGIONS3. For procurement packages within the scope of regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement that issued tender documents before the effective date of this Circular but have a closing date after the effective date of this Circular and have not yet reached the closing date, if there are contents that are inconsistent or contrary to the guidance provided in the tender document form issued together with this Circular, they must be amended to be consistent. If the tender document is amended after issuance, the project owner or the tenderer must provide contractors with a reasonable period of time to prepare their tender submissions.REGIONAL URBAN PLANNING

Article 6. Principles for preparing regional urban planning

1. Inter-provincial regions (including large metropolitan areas), special function regions, regions along expressways, and inter-provincial economic corridors shall have regional urban planning prepared according to the Prime Minister’s decision, based on proposals from the Ministry of Construction, consistent with national strategies and overall socio-economic development plans; meeting management requirements and ensuring effective allocation of national resources.

2. Provincial regions shall have regional urban planning prepared as a basis for county-level regional urban planning, inter-county regional urban planning, general urban planning, and specialized functional area planning within the province.

3. Inter-county regions within a province and county regions shall have regional urban planning prepared according to decisions of provincial People's Committees, based on proposals from provincial Construction Departments (Planning and Architecture Departments in Hanoi and Ho Chi Minh City), meeting management requirements and serving as a basis for specialized functional area planning, general village construction planning, and general urban planning in counties.

4. Specialized infrastructure regional planning for inter-provincial and provincial regions shall detail inter-provincial and provincial regional urban planning. The preparation, review, and approval of specialized infrastructure planning shall be carried out in accordance with current laws.

Article 7. Tasks of regional urban planning

1. Requirements for the content of regional urban planning tasks:

a) Justification and determination of the boundaries of the region; objectives and timeframes for planning. For inter-provincial regions, special function regions, regions along expressways, and inter-provincial economic corridors, the planning task must justify and establish the basis for the region's boundary.

b) Overview of the region for urban planning and forecasts of related industry developments.

c) Preliminary forecast of population size, land area, urbanization rate, potential, driving forces for development, for each ten-year and twenty-year period; propose selection of economic and technical indicators to apply.

d) Requirements for data collection, analysis, and evaluation of natural conditions and current status; orientation for spatial development, social infrastructure systems, regional technical infrastructure; strategic environmental assessment; regional planning management; priority programs and projects.

For special function regions, regions along expressways, and inter-provincial economic corridors, it is necessary to clearly define content requirements that align with specialized directions and development goals.

đ) List, quantity of files, products, schedule, and implementation organization.

e) Other requirements related to the specific characteristics of each region.

g) Total budget estimate for preparing regional urban planning.

2. The time limit for preparing the task of regional urban planning for inter-provincial and provincial regions shall not exceed three months; for other regions, it shall not exceed two months.

Article 8. Master Plan for Regional Construction

1. The contents of the master plan for regional construction must ensure compliance with approved planning tasks and meet the following specific requirements:

a) Analyze and assess natural conditions, current socio-economic status, urban systems and rural population points, land use, social infrastructure, technical infrastructure, environment, and special factors of the region.

b) Evaluate and review the implementation of existing effective plans.

c) Determine development goals, urbanization rate, nature, potential, and driving forces of regional development.

d) Forecast economic development, population, labor force, land demand, urbanization rate according to 10-year and 20-year development stages; determine technical indicators based on development goals.

đ) Orient spatial development of the region:

- Proposing and selecting models for spatial development in the region;

- Identify areas under control for development management. For regions along expressways and inter-provincial economic corridors, identify areas along the route and organize connectivity along the corridor;

- Distribute and determine the scale of development spaces: industry, agriculture, forestry, tourism, trade and services, conservation; determine the scale and nature of specialized functional zones;

- Identify and organize urban and rural systems: development models, urban system structure and rural area structure suitable for economic, cultural, and social characteristics; classify and categorize cities according to territorial space and administrative management; determine urban population size and construction land;

- Distribute and determine the scale of social infrastructure systems including: large-scale education, training, culture, health, sports centers with regional significance; regional-level commercial and service centers; tourist, resort areas, natural landscape protection zones, environmental protection areas, and cultural-historical heritage sites of value. For specialized function regions, specialized centers must be determined according to their functions. For regions along expressways and inter-provincial economic corridors, public center systems along the route must be determined;

- Distribute and determine the scale of conservation areas and landscape protection zones within the region.

đ) Orient regional technical infrastructure system:

- Identify networks, locations, and scales of key technical infrastructure projects with regional or inter-regional characteristics including: technical preparation, transportation, power development, energy supply (natural gas, gasoline, oil), water supply, drainage, wastewater treatment, solid waste management, cemeteries, and passive telecommunications infrastructure;

- For regions along expressways and inter-provincial economic corridors, traffic orientation content must determine the connection between the expressway axis and the urban transportation system and non-urban functional zones; locations and scales of key transportation projects along the route, feeder road systems; organization of provincial-level public transportation along the corridor.

h) Strategic environmental assessment:

- Major environmental issues with wide-ranging impacts;

- Current major pollution sources, environmentally degraded areas, ecological landscape areas. Determine environmental protection contents at the regional level;

- Forecast trends of environmental issues due to the establishment and implementation of the plan;

- Measures to prevent and reduce environmental issues.

2. The time limit for preparing the master plan for regional construction for inter-provincial regions shall not exceed 18 months; for provincial regions, it shall not exceed 15 months; for other regions, it shall not exceed 12 months.

Article 9. Management regulations according to the regional construction master plan

The contents of management regulations according to the regional construction master plan include:

1. Scope, boundaries, population size, land area of the managed region.

2. Regulations on development areas and economic development spaces.

3. Regulations on urban and rural management.

4. Regulations on the location, role, function, scale of social infrastructure and technical infrastructure with regional characteristics.

5. Regulations on protection zones and safety corridors for key projects, main technical infrastructure along lines with regional characteristics, and measures to protect the environment.

6. Regulations on preserving natural heritage, valuable architectural works, scenic spots, historical and cultural sites within the region.

7. Allocation and definition of planning management responsibilities for local authorities at various levels within the region according to the regional construction master plan.

8. Other regulations based on the special functions of the region.

Section 2

URBAN ZONE FUNCTIONAL PLANNINGROOFTOP SOLAR PHOTOVOLTAIC SYSTEMSChapter 10. Principles for establishing urban zone functional planning

Article 10. Principles for establishing urban zone functional planningức specific characteristics

1. Urban zone functional areas inside and outside cities shall be established according to the provisions of this Decree.

2. Urban zone functional areas with a scale of over 500 hectares shall establish a general construction plan, ensuring consistency with the provincial construction master plan and city plans; serving as a basis for detailed planning and specific planning.

3. Areas within urban zone functional areas or urban zone functional areas with a scale under 500 hectares, according to management and development requirements, shall establish detailed planning to serve as a basis for determining investment projects and specific planning.

4. When implementing investment and construction in areas within urban zone functional areas, a detailed construction plan shall be established to concretize the general plan, detailed planning, and serve as a basis for issuing construction permits.

5. In cases where an investment project organized by a single investor has a scale smaller than 5 hectares (smaller than 2 hectares for residential building projects), it shall proceed with establishing an investment project without having to establish a detailed construction plan. The overall site plan, architectural design solutions, and technical infrastructure solutions in the basic design must comply with the detailed planning or planning permit; ensure the connection of technical infrastructure, consistent with the architectural space of the area.

Article 11. Tasks of urban zone functional planning

1. Requirements for the content of the general planning tasks for urban zone functional areas:

a) Arguments for the scope and boundaries of the general planning for urban zone functional areas; bases for planning; determination of planning objectives and tasks.

b) Determination of the nature and role of urban zone functional areas in the region; developing a vision. Preliminary forecast of population size and economic and technical indicators according to the development goals of the area; determination of basic indicators for land and technical infrastructure.

c) Basic principles for analyzing and evaluating natural conditions and current status; researching and exploiting potential and development drivers; guiding spatial organization, social infrastructure systems, technical infrastructure; strategic environmental assessment and other requirements according to the special development goals of the area.

d) List, number of files, products, schedule, and implementation organization.

đ) Total budget estimate for establishing the general planning for urban zone functional areas.

2. Requirements for the content of the detailed planning tasks for urban zone functional areas:

a) Arguments and determination of the scope, boundaries, area, and nature of the detailed planning area.

b) Determination of basic expected indicators for population, land use, social infrastructure, and technical infrastructure based on the approved general planning and regional construction planning.

c) Requirements and basic principles for analyzing and evaluating natural conditions and current status; requirements for functional zoning, spatial organization, technical infrastructure ensuring consistency with the approved general planning and regional construction planning and surrounding areas.

d) Requirements for strategic environmental assessment and other requirements consistent with the special development goals of the area.

đ) List, quantity of files, products, schedule, and implementation organization.

e) Total budget estimate for establishing the detailed planning for urban zone functional areas.

3. Requirements for the content of the specific planning tasks:

a) Determination of the boundaries and area of the specific planning area; land use indicators, technical infrastructure.

b) Basic principles for analyzing and evaluating natural conditions and current status; requirements for architectural landscape spatial organization, technical infrastructure ensuring consistency with the approved detailed planning and general planning; requirements for strategic environmental assessment.

c) List, number of files, products; schedule, and implementation organization.

d) Total budget estimate for establishing the specific planning for urban zone functional areas.

4. The time limit for establishing tasks for the general planning of urban zone functional areas shall not exceed two months; for detailed planning of urban zone functional areas, it shall not exceed one month; for specific planning, it shall not exceed one month.

Article 12. Master Plan for Construction of Special Functional Zonesức specific characteristics

1. Depending on each special functional zone, the contents of the master plan for construction of special functional zones must meet the approved planning tasks and the following specific requirements:

a) Analyze and assess natural conditions and current socio-economic status, population, labor force, culture, land use, technical infrastructure, social infrastructure, environment, and other special factors of the area.

b) Evaluate the implementation of existing plans and projects that are still valid; identify and clarify relevant sectoral planning orientations.

c) Determine the development goals and driving forces of the special functional zone; forecast population, labor force, construction land scale, and social infrastructure indicators according to each phase.

d) Orient land use planning, determine the scope, scale, and land use indicators within the special functional zone according to development requirements at each stage.

e) Orient spatial development:

- Define the development model and direction of the special functional zone; orient and establish principles for developing functional areas;

- Organize a system of centers suitable for residential areas and functional areas; define architectural and landscape areas, main spatial axes, square systems, gateway areas, and landmark buildings of the special functional zone;

- Propose and illustrate the main spatial image for the special functional zone, solutions for organizing key areas' space, and regulations controlling architecture and landscapes in these areas.

f) Orient technical infrastructure:

- Define major drainage basins; drainage directions; locations and scales of drainage works; determine construction levels for the entire area and each functional sub-zone;

- Define external and internal traffic networks; locations and scales of key traffic facilities; organize public transportation systems and parking lots; determine red-line boundaries for main axes and technical trench and tunnel systems (if applicable);

- Calculate water and energy (electricity, gas) demand and supply sources; forecast total wastewater and solid waste volumes; determine locations and scales of key facilities and main transmission and distribution networks for water supply, energy, lighting, passive telecommunications infrastructure, drainage, and wastewater treatment works;

- Determine locations and scales of solid waste treatment facilities, cemeteries, and other technical infrastructure works.

g) Strategic environmental assessment according to the following contents:

- Identify major environmental issues and shortcomings both inside and outside the planning area;

- Current pollution sources directly affecting the environment;

- Forecast environmental changes during the preparation and implementation of the master plan for construction of the special functional zone;

- Propose preventive measures and priority order for implementation; propose isolation and environmental protection areas.

h) Propose prioritized investment items, preliminary capital needs, and resources for implementation.

2. The time limit for preparing the master plan for construction of the special functional zone shall not exceed twelve months.

Article 13. Master plan for the development zoning of special function areasức specific characteristics

1. The master plan for the development zoning of special function areas must clearly define the nature, function, specific requirements of the planning area, meet the approved planning tasks, and satisfy the following specific requirements:

a) Analyze and evaluate natural conditions, current construction land status, population, architectural landscape, technical infrastructure; analyze relevant provisions of the general urban planning related to the planning area; assess projects and plans that have been and are being implemented in the area.

b) Determine the population size, land use indicators, social infrastructure, and technical infrastructure for the entire planning area; economic and technical indicators according to the special function.

c) Land use master plan: Identify sub-zones within the planning area; determine land use indicators regarding building density, land use coefficient, building height for each plot; setback distances for buildings along main roads; location and scale of underground facilities (if any).

d) Architectural landscape space organization: Determine principles and requirements for spatial, architectural, and landscape organization for each sub-zone, main road axes, open spaces, and focal points.

đ) Technical infrastructure orientation: The technical infrastructure system is arranged to the internal road network, including the following contents:

- Determine the construction level for each block;

- Determine the traffic network, cross-sections, red-line boundaries, and construction boundaries; determine and specify the general planning on the location and scale of parking lots (above ground, surface, and underground); public transportation routes; technical trenches and tunnels (if any);

- Determine water demand and supply sources; location and scale of water treatment plants and pumping stations; water distribution network and specific technical parameters;

- Determine energy usage needs and supply sources (electricity, gas); location and scale of electricity distribution substations and gas stations; medium voltage power line networks and lighting systems;

- Determine total wastewater and solid waste volumes; drainage network; location and scale of wastewater treatment facilities, solid waste disposal sites, and cemeteries.

e) Strategic environmental assessment:

- Identify major environmental issues in the planning area;

- Assess environmental changes during the preparation and implementation of the detailed development zoning plan for special function areas;

- Propose preventive measures and priority order of implementation; propose isolation and environmental protection zones for functional areas.

g) Forecast priority investment projects, preliminary capital requirements, and resources for implementation.

2. The time limit for preparing the master plan for the development zoning of special function areas shall not exceed nine months.

Article 14. Detailed planning project for the construction of special function areas

1. The content of the detailed planning project for construction must ensure compliance with the approved planning tasks and satisfy the following specific requirements:

a) Analyze and evaluate natural conditions, current construction land status, population, social conditions, architectural landscape, technical infrastructure; relevant provisions of the general planning and zoning planning related to the planning area.

b) Determine the population size, land use indicators, social infrastructure, and technical infrastructure for the entire planning area.

c) Land use master plan: Determine functions, land use indicators regarding building density, land use coefficient, building height, setback distances for each plot and road axis; location and scale of underground facilities (if any).

d) Determine building height, floor levels, and height of floors for high-rise buildings; architectural form, fences, dominant colors, and materials of buildings and other architectural objects; organize public green spaces, gardens, street trees, and water bodies in the planning area.

đ) Technical infrastructure system planning: The technical infrastructure system is arranged to the internal road network, including the following contents:

- Determine the construction level for each plot;

- Determine the traffic network, cross-sections, red-line boundaries, and construction boundaries; determine and specify the general planning and zoning planning on the location and scale of parking lots above ground, on the surface, and underground (if any);

- Determine water demand and supply sources; location and scale of water treatment plants and pumping stations; water distribution network and detailed technical parameters;

- Determine energy usage needs and supply sources (electricity, gas); location and scale of electricity distribution substations and gas stations; power line networks and lighting systems;

- Determine wastewater and solid waste volumes; drainage network; location and scale of wastewater treatment facilities, solid waste disposal sites, and cemeteries.

- Assess current status, identify major environmental issues in the planning area;

- Forecast and assess environmental impacts of the planning scheme;

- Identify major environmental issues in the planning area;

- Propose preventive measures and priority order of implementation.

g) Preliminarily determine capital requirements and propose resources for implementation.

2. The time limit for preparing the detailed planning project for construction shall not exceed six months.

g) Preliminarily determine capital requirements and propose resources for implementation.

2. The time to prepare the detailed construction planning scheme shall not exceed six months.

Article 15. Management regulations according to the master plan for special function zones

1. For the general planning of construction for special function zones, management regulations according to the master plan include the following main contents:

a) Boundaries, scope, and nature of the special function zone.

b) Indicators regarding area, building density, land use coefficient, and maximum and minimum heights of buildings in each functional sub-zone.

c) Regulations on spatial control and architectural design for each area.

d) Red line boundaries for major streets and controlled construction elevations for each area.

đ) Location, scale, and protection range, safety corridors for underground works.

e) Prohibited construction areas; protection ranges and safety corridors for technical infrastructure works.

g) Areas for conservation and enhancement of architectural works, historical, cultural, scenic spots, and landscape topography.

h) Environmental protection requirements and measures as stipulated by environmental protection laws.

2. For the detailed planning of construction for special function zones, management regulations according to the master plan include the following main contents:

a) Scope and scale of the planning area.

b) Location, boundaries, nature, and scale of each functional zone within the planning area; indicators regarding building density, land use coefficient, and maximum and minimum heights, construction elevations for each plot.

c) Red line boundaries, construction boundaries, construction elevations, and specific technical requirements for each internal road and area; protection ranges and safety corridors for technical infrastructure works.

d) Main spatial axes and focal points of the area.

đ) Location, scale, and protection ranges, safety corridors for special function works requiring protection and isolation, underground works.

e) Areas for conservation, renovation, and refurbishment of historical, cultural, scenic spots, and landscape topography.

g) Environmental protection requirements and measures as stipulated by environmental protection laws.

3. For the detailed planning of construction for special function zones, management regulations according to the master plan include the following main contents:

a) Boundaries, scope, and nature, functions of the planning area.

b) Location, boundaries, functions, and scale of each plot within the planning area.

c) Determination of indicators regarding building density, land use coefficient, construction elevations for each plot; building height, floor height, and height of the lower part or portion of high-rise buildings, architectural form and fence of buildings, construction materials of works.

d) Red line boundaries, construction boundaries, and specific technical requirements for each internal road; protection ranges and safety corridors for technical infrastructure works.

đ) Location, scale, and protection ranges, safety corridors for special function works, underground works.

e) List and regulations on conservation, renovation, and refurbishment of architectural works, historical, cultural, scenic spots, and landscape topography.

g) Environmental protection requirements and measures as stipulated by environmental protection laws.

Section 3

URBAN Domestic air passenger transport service on regular basic economy classCONSTRUCTION

Article 16. Principles for establishing rural construction plans

1. Each commune must establish a general construction plan to concretize the provincial and district-level regional construction plans, serving as the basis for determining investment projects and establishing detailed construction plans for rural residential areas.

2. Rural residential areas identified in the general urban planning shall implement rural construction planning as prescribed in this Decree.

3. When implementing investment and construction in rural residential areas, detailed construction plans must be established to concretize the general plan and serve as the basis for issuing construction permits.

Article 17. Tasks of rural construction planning

1. Requirements for the content of the general construction planning task for communes:

a) Location, boundary range of the commune; objectives and planning period.

b) Preliminary forecast on population size, labor force, land.

c) Basic principles for analyzing and assessing current conditions; reviewing projects and plans currently in effect within the commune's territory; determining factors affecting the commune's socio-economic development; requirements for overall spatial organization of the entire commune, distribution of functional zones (production areas, residential areas), social infrastructure, and technical infrastructure.

d) List, number of files, products, schedule, and implementation organization.

d) Total estimated cost for preparing the general construction planning for the commune.

2. Requirements for the content of the detailed construction planning task for rural residential points:

a) Determining the scope and boundaries of the planning, population size.

b) Basic principles for analyzing and assessing natural conditions, current status; selecting applicable indicators for land use, construction works; requirements for architectural landscape space organization, technical infrastructure, and environment, ensuring consistency with the approved general construction planning for the commune.

c) List, number of files, products; schedule, and implementation organization.

d) Total estimated cost for preparing the detailed planning for rural residential points.

3. The time to prepare the planning task for the general construction planning of the commune shall not exceed one month; for the detailed planning of rural residential points, it shall not exceed one month.

Article 18. General Construction Planning Scheme for Communes

1. The content of the general construction planning scheme for communes must ensure compliance with the approved planning tasks and the following specific requirements:

a) Analysis and assessment of natural conditions, current socio-economic status, land use, architectural landscapes, social infrastructure, technical infrastructure, environment; current status of construction and use of facilities.

b) Identifying potential growth drivers; forecasting economic development, population size, construction land; determining land use indicators and technical infrastructure indicators for the entire commune.

c) Overall spatial planning for the entire commune:

- Determining the structure of functional zones (agricultural production areas, industrial areas, small-scale industrial areas, new residential areas, old village areas for renovation, central area of the commune) and development directions for each zone;

- Organizing architectural landscape space, determining the scale and land use indicators for each village, craft village, industrial production area, small-scale industrial area;

- Planning public facility systems, housing construction, preservation of cultural and historical structures.

d) Forecasting land use for construction throughout the commune according to the development requirements of each phase.

đ) Planning the technical infrastructure system serving residents and key technical infrastructure systems serving production including: technical preparation, transportation, energy supply (electricity, gas), lighting, passive telecommunication infrastructure, water supply, wastewater discharge, solid waste management, and cemetery.

- Identify major environmental issues in the planning area;

- Propose preventive measures and priority order of implementation.

- Forecasting environmental impacts and changes during the implementation of the general construction planning for the commune;

2. The time limit for preparing the detailed planning project for construction shall not exceed six months.

g) Proposing priority investment programs and projects; preliminary capital needs and resources for implementation.

2. The time to prepare the general construction planning scheme for communes shall not exceed six months.

Article 19. Detailed Construction Planning Scheme for Rural Residential Points

1. The content of the detailed construction planning scheme for rural residential points must ensure compliance with the approved planning tasks and the following specific requirements:

a) Analyzing and assessing natural conditions, current construction land status, population, society, architecture, landscape, technical infrastructure; relevant regulations from the commune's general planning concerning rural residential points.

b) Determining population size, land use indicators, social infrastructure, and technical infrastructure for rural residential points.

c) Comprehensive land use planning: Determining functions, areas, land use indicators regarding building density, land use coefficient, building height, setback distances for each plot of land.

d) Determining architectural forms, fences, colors, main materials of buildings and other architectural objects; identifying structures that need to be preserved and enhanced in the area.

đ) Planning the technical infrastructure system: The technical infrastructure system is arranged up to each plot of land, including the following contents:

- Determine the traffic network, cross-sections, red-line boundaries, and construction boundaries; determine and specify the general planning and zoning planning on the location and scale of parking lots above ground, on the surface, and underground (if any);

- Determining traffic networks, cross-sections, red-line boundaries, and construction boundaries; determining and detailing the general plan regarding parking lot locations, turning points;

- Determining water demand and sources; location and scale of water supply facilities; water pipe network and detailed technical parameters;

- Determining energy demand and supply (electricity, gas); location and scale of distribution substations; power line networks and lighting;

- Determining passive telecommunication infrastructure needs;

- Determining wastewater volume and solid waste; drainage network; location and scale of wastewater treatment and solid waste disposal facilities for rural residential points.

- Identify major environmental issues in the planning area;

- Propose preventive measures and priority order of implementation.

- Forecasting and evaluating environmental impacts of the planning scheme;

2. The time limit for preparing the detailed planning project for construction shall not exceed six months.

g) Estimating capital needs and identifying resources for implementation.

2. The time to prepare the detailed construction planning scheme for rural residential points shall not exceed four months.

Article 20. Management regulations according to rural construction master plans

1. For general construction planning of communes, management regulations according to the master plan include the following main contents:

a) Boundaries, scope, and nature of the commune.

b) Spatial control, architectural features of functional zones and key projects: Commune administrative offices, education, healthcare, culture, sports, trade and services.

c) Red-line boundaries of main commune roads, inter-village roads, main village roads, and controlled construction elevations.

d) Prohibited construction areas; protection zones and safety corridors for technical infrastructure projects; environmental protection measures.

đ) Conservation and enhancement zones for architectural works, historical and cultural sites, scenic spots, and landscape topography.

2. For detailed construction planning of rural residential areas, management regulations according to the master plan include the following main contents:

a) Boundaries and scope of the rural residential area.

b) Locations, boundaries, functions, and scale of land plots within the rural residential area; density, land use coefficient, and controlled construction elevations for each plot; height, floor level, architectural form, and fence requirements for buildings, and building materials.

c) Red-line boundaries, construction limits, and specific technical requirements for each road and alley; protection zones and safety corridors for technical infrastructure projects.

d) Regulations on conservation, enhancement, renovation, and beautification of architectural works, historical and cultural sites, scenic spots, and landscape topography.

đ) Environmental protection requirements and measures in accordance with environmental protection laws.

Section 4

PUBLIC CONSULTATION DURING THE PREPARATION OF URBAN PLANNING

Article 21. Public consultation on regional construction planning

1. The Ministry of Construction is responsible for soliciting written opinions from relevant ministries, agencies, organizations at the central level, and provincial People's Committees regarding the content of master plans within their responsibility during the preparation of inter-provincial regional construction master plans under the Prime Minister’s approval authority.

2. The agency organizing the construction planning coordinates with People's Committees at all levels to solicit opinions from relevant agencies and organizations during the preparation of provincial, inter-district, district, and special function regional construction master plans under the provincial People's Committee’s approval authority.

Article 22. Public consultation on special function zone construction planningức specific characteristics

1. The agency organizing the construction planning coordinates with People's Committees at all levels to solicit opinions from relevant agencies, organizations, and community representatives during the preparation of special function zone construction master plans.

2. In cases where the general construction planning of special function zones is organized by the Ministry of Construction and falls under the Prime Minister’s approval authority, the relevant provincial People's Committees are responsible for coordinating to solicit opinions from agencies, organizations, and community representatives in the locality during the preparation of construction master plans.

Article 23. Public consultation on rural construction planning

The agency organizing the construction planning coordinates with the commune People's Committee to solicit opinions from relevant agencies, organizations, and community representatives during the preparation of rural construction master plans.

Article 24. Adoption of Opinions

During the process of preparing the urban planning project, all opinions contributed by agencies, organizations, and community representatives must be integrated and explained in writing by the consulting organization in coordination with the agency responsible for organizing the overall planning.

The contents of the contributions must be thoroughly analyzed and explained to serve as a basis for completing the planning schemes in a manner that ensures compatibility, feasibility, and harmony between the interests of the State and the community.

The document explaining and adopting opinions on the tasks and urban planning projects is a component of the dossier submitted for review and approval of the urban planning.

Section 5

PROCEDURE FOR REVIEW AND APPROVAL OF URBAN PLANNING

Article 25. Procedure and formalities for reviewing and approving tasks and urban planning projects

1. Agencies submitting for review and approval:

a) The Ministry of Construction and the People's Committee of the province shall be responsible for submitting for review and approval the tasks and urban planning projects within their responsibility to organize and within the Prime Minister's approval authority.

b) The agency organizing the urban planning shall be responsible for submitting for review and approval the tasks and urban planning projects within the approval authority of the People's Committees at various levels.

2. Soliciting agreement from state management agencies regarding the urban planning project during the review process:

a) The People's Committee of the province shall be responsible for soliciting written agreement from the Ministry of Construction before approving the general urban planning projects for special function zones and the detailed urban planning projects for special function zones with an area exceeding 200 hectares.

b) The People's Committee of the district shall be responsible for soliciting written agreement from the specialized construction management department before approving the urban planning projects within its approval authority.

3. During the review process of the tasks and urban planning projects, the reviewing agency shall be responsible for soliciting written opinions from relevant specialized management agencies at the same level, specialized associations, and related experts.

4. The results of the review of the tasks and urban planning projects will be sent in writing by the reviewing agency to the agency organizing the urban planning to serve as a basis for perfecting the content of the tasks and projects before submitting them to the competent authority for approval.

Article 26. Timeframe for Review and Approval of Tasks and Urban Planning Projects

1. Timeframe for review and approval of tasks and urban planning projects for regions:

a) For inter-provincial and provincial regional construction planning, the review period for the task shall not exceed 25 days, the approval period for the task shall not exceed 20 days; the review period for the project shall not exceed 30 days, the approval period for the project shall not exceed 25 days from the date of receiving complete valid dossiers according to regulations.

b) For other regional construction planning, the review period for the task shall not exceed 20 days, the approval period for the task shall not exceed 15 days; the review period for the project shall not exceed 25 days, the approval period for the project shall not exceed 20 days from the date of receiving complete valid dossiers according to regulations.

2. Timeframe for review and approval of tasks and urban planning projects for special function zones:

a) For the general urban planning of special function zones, the review period for the task shall not exceed 20 days, the approval period for the task shall not exceed 15 days; the review period for the project shall not exceed 25 days, the approval period for the project shall not exceed 15 days from the date of receiving complete valid dossiers according to regulations.

b) For detailed urban planning of special function zones, the review period for the task shall not exceed 15 days, the approval period for the task shall not exceed 10 days; the review period for the project shall not exceed 25 days, the approval period for the project shall not exceed 15 days from the date of receiving complete valid dossiers according to regulations.

3. Timeframe for review and approval of tasks and urban planning projects for rural areas:

a) For the general urban planning of communes, the review period for the task shall not exceed 15 days, the approval period for the task shall not exceed 10 days; the review period for the project shall not exceed 20 days, the approval period for the project shall not exceed 15 days from the date of receiving complete valid dossiers according to regulations.

b) For detailed urban planning of rural residential areas, the review period for the task shall not exceed 15 days, the approval period for the task shall not exceed 10 days; the review period for the project shall not exceed 25 days, the approval period for the project shall not exceed 15 days from the date of receiving complete valid dossiers according to regulations.

Article 27. Documents for Review and Approval of Planning Tasks and Construction Master Plans

1. The documents for review and approval of planning tasks include: Request for review and approval; detailed explanation of the planning task contents including small colored drawings; draft decision on approval of the planning task; related legal documents; explanations of opinions from agencies, organizations, and community residents regarding the planning task contents; legal entity documents and capability documents of the consulting organization for planning construction.

2. The documents for review, approval, and soliciting unified opinions on the construction master plan contents include: Request for review and approval of the master plan; comprehensive explanation including small colored drawings; management regulations according to the approved construction master plan; draft decision on approval of the master plan; correctly scaled colored drawings; related legal documents; explanations of opinions from agencies, organizations, and community residents regarding the master plan contents; legal entity documents and capability documents of the consulting organization for planning construction; CD containing all content of the master plan documents.

3. The construction master plan documents must be stamped with confirmation by the planning construction review agency after the approval decision is made.

4. The approval decision on the construction master plan and the CD containing all approved documents must be sent back to the construction planning management agency, Ministry of Construction for retention.

5. The Ministry of Construction shall provide specific guidelines on how to present and regulate various types of planning task documents and construction master plan documents.

Chapter III

IMPLEMENTATION MANAGEMENT OF CONSTRUCTION PLANNING

Article 28. Responsibilities for Formulating Implementation Plans for Construction Planning

1. After being approved by the competent authority, regional construction master plans, general construction plans, district-level construction plans, and village general construction plans must have implementation plans formulated.

2. The Ministry of Construction leads in formulating and approving implementation plans for inter-provincial regional construction planning within its responsibility; directs, inspects, and audits the implementation of construction planning under the Prime Minister's approval authority.

3. The provincial People's Committee leads and collaborates with the Ministry of Construction in formulating and approving implementation plans for construction planning within their administrative boundaries for projects under the Prime Minister's approval authority.

4. Local People's Committees at all levels are responsible for formulating and approving implementation plans for construction planning within their approval authority.

5. The Ministry of Planning and Investment, the Ministry of Finance are responsible for balancing capital sources for infrastructure technical and social investment projects at the regional level in accordance with the Public Investment Law and State Budget Law.

Article 29. Contents of Implementation Plans for Construction Planning

Based on approved construction planning and specialized infrastructure technical planning, the contents of the implementation plan for construction planning include:

1. List and sequence of implementing planning at each level over a ten-year, five-year, and annual plan; list and order of investment in social infrastructure and technical infrastructure projects based on long-term, medium-term, and annual planning phases.

2. Estimated capital needs for annual construction planning implementation work.

3. Proposals for mechanisms and policies to determine resources according to the plan and the ability to mobilize resources for annual implementation within the short term phase.

4. Proposals for management models and supervision of planning implementation.

5. Other relevant contents.

Article 30. Responsibilities of the Provincial People's Committee in organizing the implementation of inter-provincial construction planning

1. Participate in building plans to implement inter-provincial construction planning after such planning has been approved by the Prime Minister.

2. In accordance with administrative management responsibilities, organize the implementation of inter-provincial construction planning and provincial construction planning.

3. Supervise the implementation of construction planning within the administrative boundaries under its jurisdiction to ensure compliance with approved inter-provincial construction planning.

4. Regularly review and report every six months to the Ministry of Construction on the implementation of planning within the administrative boundaries under its jurisdiction.

5. Study and propose mechanisms and policies to facilitate the implementation of inter-provincial construction planning, provincial construction planning, and regional development investment.

6. Coordinate with the Ministry of Construction and relevant ministries and sectors in calling for investment in regional development.

Chapter IV

PLANNING PERMIT

Article 31. General provisions on planning permitDeclaration, re-declaration1. The planning permit is issued to investors who have the necessary conditions and capabilities to invest in construction projects.

2. The validity period of the planning permit for concentrated construction projects shall not exceed 24 months from the date of issuance of the planning permit to the approval of detailed construction planning.

3. The validity period of the planning permit for individual construction projects shall not exceed 12 months from the date of issuance of the planning permit to the approval of the investment project.

4. The Ministry of Finance shall provide detailed regulations on the fee for issuing the planning permit.

Article 32. Issuing planning permits in special functional zones

1. Investment projects for concentrated construction in areas without district-level construction planning.

2. Investment projects for concentrated or individual construction in areas with existing district-level construction planning but lacking sufficient grounds to establish detailed construction planning.

3. Investment projects for concentrated or individual construction in areas with approved detailed construction planning that require adjustments to boundary limits or certain land use indicators.

Article 33. Procedures for issuing planning permits

1. Based on specific needs, the investor prepares an application for a planning permit according to the cases stipulated in Article 35 of this Decree and submits it to the competent authority issuing the planning permit.

2. Based on the management and control requirements for special functional zones, urban planning regulations, and the investor's proposals, the competent authorities at all levels responsible for planning construction must examine the application, seek opinions from related agencies, and report to the competent authority issuing the planning permit regarding the content of the planning permit. The time for reviewing the application and seeking opinions shall not exceed 30 days from the date of receiving a complete and valid application for a planning permit.

3. The competent authority shall examine and issue the planning permit within 15 days from the date of receipt of the reviewed application for a planning permit from the planning construction management authorities at all levels.

4. For investment projects specified in Clause 3 of Article 35 of this Decree, during the review process of the planning permit application, the planning management authorities at all levels must organize the collection of opinions from community representatives regarding the permit content. Community representatives are responsible for consolidating community opinions in accordance with the law on grassroots democracy implementation.

4. For investment construction projects specified in Clause 3, Article 35 of this Decree, during the process of reviewing the application for a planning permit, the planning management agencies at all levels must organize the collection of opinions from community representatives related to the content of the permit. Community representatives are responsible for compiling the opinions of the community in accordance with the laws on grassroots democracy implementation.

Article 34. Application Documents for Issuing a Planning Permit

The application documents for issuing a planning permit include:

1. An application form requesting issuance of a planning permit.

2. A schematic diagram of the location for which the planning permit is requested.

3. Proposed scope, boundaries of the land area, and land use planning criteria.

4. Proposed investment content, scale of the project, and total investment amount.

5. Report on the legal entity and financial capacity to implement the project.

Article 35. Content of the Planning PermitDeclaration, re-declaration1. The planning permit is issued to investors who have the necessary conditions and capabilities to invest in construction projects.

1. The content of the planning permit for concentrated investment construction projects as stipulated in Clause 1 and 2 of Article 35 of this Decree includes:

a) Investor.

b) Scope, boundaries, land scale, and population of the area for developing the construction plan.

c) Land use criteria regarding housing, commercial services; social infrastructure facilities, green spaces, transportation; land use planning criteria for the entire planned area; requirements for architectural space organization, landscape, environment; technical infrastructure index requirements and facilities serving as the basis for preparing tasks and detailed construction planning designs.

d) Validity period of the planning permit.

2. The content of the planning permit for individual construction projects as stipulated in Clause 2 and 3 of Article 35 of this Decree includes:

a) Investor.

b) Scope, boundaries, and land area of the area for developing the construction plan.

c) Construction planning land use criteria regarding building height, land use coefficient, and building density for the land plot; architectural and environmental requirements; technical infrastructure index requirements and other requirements serving as the basis for the investor to prepare the construction project investment plan.

d) Validity period of the planning permit.

3. The format of the Application Form for Issuing a Planning Permit and the format of the Planning Permit are attached as Appendices to this Decree.

hograms andng V

IMPLEMENTATION

Article 36. Transitional Provisions

1. For construction planning designs where the planning task was approved before the effective date of this Decree, the preparation, review, and approval shall be carried out according to Government Decree No. 08/2005/NĐ-CP dated January 24, 2005, on construction planning.

2. For provincial regional construction planning designs that have had their planning tasks approved before the effective date of this Decree, they must obtain written agreement from the Ministry of Construction before approving the design.

Article 37. Effective Date

This Decree takes effect from June 30, 2015, and replaces Government Decree No. 08/2005/NĐ-CP dated January 24, 2005, on construction planning.

Article 38. Organization of implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government within their respective duties and authorities are responsible for implementing this Decree.

2. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to guide, monitor, and inspect the implementation of this Decree./.