Decree No. 72/2019/ND-CP Amending and supplementing some articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on urban planning preparation, review, approval, and management and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing certain contents regarding construction planning.

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 72/2019/NĐ-CP	Hanoi, August 30, 2019

 

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 37/2010/NĐ-CP OF APRIL 7, 2010 ON THE PREPARATION, REVIEW, APPROVAL, AND MANAGEMENT OF URBAN PLANNING AND THE DECREE NO. 44/2015/NĐ-CP OF MAY 6, 2015 PROVIDING GUIDELINES FOR SOME CONTENTS ON URBAN PLANNING

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

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

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to the Planning Law dated November 24, 2017;

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

At the proposal of the Minister of Construction;

The Government promulgates this Decree to amend and supplement certain provisions of the Decree No. 37/2010/NĐ-CP of April 7, 2010 on the preparation, review, approval, and management of urban planning and the Decree No. 44/2015/NĐ-CP of May 6, 2015 providing guidelines for some contents on urban planning.

Article 1. Amending and supplementing certain provisions of the Decree No. 37/2010/NĐ-CP of April 7, 2010 on the preparation, review, approval, and management of urban planning

1. Amending and supplementing

Article 1

as follows

:

"This Decree provides regulations on the preparation, review, and approval of urban planning; management of construction according to urban planning and selection of consulting organizations for preparing urban planning."

2. Amendment and supplementation

Chapter II

as follows:

a) Amending and supplementing the name of Chapter II as follows:

"SELECTION OF CONSULTING ORGANIZATIONS FOR PREPARING URBAN PLANNING"

b) Amend and supplement Clause 1 of Article 12 as follows:

"1. The selection of consulting organizations for preparing urban planning shall be carried out in accordance with the laws on bidding."

c) Amend and supplement Clause 2 of Article 13 as follows:

"2. Consulting organizations participating in the competition must meet the current capacity requirements."

3. Amending and supplementing

Article 14

as follows

:

a) Amend and supplement Clause 1 as follows:

"1. Central cities, provincial cities, towns, and new urban areas must have general planning prepared, ensuring consistency with national-level planning, regional planning, and provincial planning."

b) Add Clause 5 as follows:

"5. In cases where it is necessary to adjust boundaries or land use indicators to implement concentrated construction projects or individual projects within areas that already have approved detailed urban planning, competent state agencies shall approve the detailed planning based on the approved planning content, national technical standards on urban planning, infrastructure conditions of the area, architectural management regulations, and other relevant factors. Adjustments to detailed urban planning shall be made in accordance with the provisions of the law."

4. Repealing

Section 1

and the title

Section II Chapter II, Clause 3 Article 12;

certain legal normative documents issued by the Minister of Education and Training

Chapter IV

and the attached annex.

Article 2. Amending and supplementing certain provisions of the Decree No. 44/2015/NĐ-CP of May 6, 2015 providing guidelines for some contents on urban planning

1. Amending and supplementing

Clause 1 Article 1

as follows:

"1. This Decree provides guidelines for some contents of the Construction Law 2014, including: Preparation, review, and approval of urban planning; management of implementation of urban planning."

2. Amend

, Clause 1, Clause 2 Article 7a of this Regulation.

as follows:

a) Amending and supplementing Point a, Point d Clause 1 as follows:

"a) Basis and determination of the scope of the region's boundaries; objectives and duration of the planning.

d) Requirements for data collection, analysis, and evaluation of natural conditions and current status; requirements for spatial development orientation, social infrastructure system, technical infrastructure system of inter-district regions, district regions; requirements for strategic environmental assessment, management of inter-district regions, district regions planning; requirements for proposing priority programs and projects."

b) Amend Clause 2 as follows:

"2. The time for preparing the task of planning for inter-district regions and district regions shall not exceed two months."

3. Amending and supplementing

Article 8

as follows:

a) Amending and supplementing Point đ, Point e Clause 1 as follows:

"đ) Spatial development orientation for inter-district regions and district regions:

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

- Determining control zones for development management;

- Allocating and determining the scale of development spaces: Industry, agriculture, forestry, tourism, trade services, conservation; determining the scale and nature of functional zones;

- Determining development models, urban and rural area structures suitable for economic, cultural, and social characteristics; classifying and categorizing cities according to territorial space and administrative management; determining population size, construction land for cities;

- Allocating and determining the scale of social infrastructure systems including large-scale education, training, culture, health, sports centers; regional-level commercial service centers; tourist, entertainment, leisure, and rest areas, and cultural-historical sites of value;

- Allocating and determining the scale of conservation areas and natural landscape protection areas in the region.

e) Infrastructure technical system orientation for inter-district regions and district regions:

Determining networks, locations, and scales of key infrastructure technical works at the inter-district and district levels, including: Technical preparation, transportation, power supply, energy provision, water supply, drainage, wastewater treatment, solid waste management, cemeteries, and passive telecommunications infrastructure."

b) Amend and supplement Clause 2 as follows:

"2. The time for preparing the planning project for inter-district regions and district regions shall not exceed twelve months."

4. Amending and supplementing

Article 10

as follows:

a) Amend and supplement Clause 2 as follows:

"2. Functional zones with an area exceeding 500 hectares must have general construction planning prepared, ensuring consistency with provincial planning, inter-district and district planning, and urban planning. Approved general construction planning serves as the basis for detailed planning and construction planning.

Functional zones with an area exceeding 500 hectares must have detailed construction planning prepared as the basis for construction investment projects if they are determined in the approved general urban planning."

b) Supplement Clause 6 as follows:

"6. In cases where it is necessary to adjust boundaries or land use indicators to implement concentrated construction projects or individual projects within areas that already have approved detailed construction planning, competent state agencies shall approve the detailed planning based on the approved planning content, national technical standards on construction planning, infrastructure conditions of the area, architectural management regulations, and other relevant factors. Adjustments to detailed construction planning shall be made in accordance with the provisions of the law."

5. Amend

Point b Clause 1 Article 12

as follows:

"b) Evaluation of the implementation of existing valid planning and completed projects; identifying and clarifying orientations in regional planning, provincial planning, and general urban planning related to the subject."

6. Amend and supplement

Article 16

as follows:

“Article 16. Principles for preparing rural planning

1. Communes must prepare general construction plans to concretize provincial planning, inter-district construction planning, district construction planning, general city planning, and town planning, serving as a basis for preparing detailed construction plans for rural residential areas and investment construction projects.

2. Rural residential areas must prepare detailed construction plans to concretize commune-level general construction planning, serving as a basis for investment construction project preparation and issuance of construction permits.”

7. Amend and supplement

Article 21

as follows:

“Article 21. Soliciting Opinions on Inter-District and District Construction Planning

The agency responsible for preparing construction planning shall coordinate with People's Committees at all levels to solicit opinions from relevant agencies and organizations during the preparation of construction planning schemes for inter-district and district areas.”

8. Amend and Supplement

Clause 1 of Article 26

as follows:

“1. For inter-district and district construction planning, the time limit for reviewing the planning task shall not exceed twenty days, and the approval time limit for the planning task shall not exceed fifteen days; the time limit for reviewing the planning scheme shall not exceed twenty-five days, and the approval time limit for the planning scheme shall not exceed twenty days from the date of receiving complete and valid files as prescribed.”

9. Repeal

Clause 1, Clause 2, Clause 4 Article 6, Clause 2 Article 28, Article 30;

certain legal normative documents issued by the Minister of Education and Training

Chapter IV

and the attached annex.

10. Replace the phrases in the following titles and articles:

a) Replace the phrase "construction planning for regions" with the phrase "inter-district and district construction planning" in Point a Clause 1 Article 4, Title 1 Chapter II, Article 6, Article 7, Article 8, Article 9, and Article 11.

b) Replace the phrase "special function zones" with the phrase "function zones" in Article 4; Title 2 Chapter II, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 22, Article 25, and Article 26.

c) Replace the phrase "rural construction planning" with the phrase "rural planning" in Title 3 Chapter II, Article 17, Article 20, Article 23, and Article 26.

Article 3. Effectiveness

This Decree takes effect from August 30, 2019.

Article 4. Transitional Provisions

Master plans already granted to investors before the effective date of this Decree shall continue to be implemented according to the term specified in the Master Plan permit.

Article 5. Responsibility for Implementation.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Office of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - State economic groups and corporations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, CN(2).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc