Decision 20/2022/QD-TTg pilot delegation of partial adjustment of general master plans on urban areas of Khanh Hoa

DECISION

On the pilot delegation of powers, and order and procedures, for approval of partial adjustment of general master plans on function zone construction and partial adjustment of general master plans on urban areas of Khanh Hoa province^[1]

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

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 18, 2014 Law on Construction;

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

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of Thirty-Seven Laws Related to Planning;

Pursuant to the National Assembly’s Resolution No. 55/2022/QH15 of June 16, 2022, on pilot implementation of a number of special mechanisms and policies for development of Khanh Hoa province;

At the proposal of the Minister of Construction in Document No. 29/TTr-BXD of September 6, 2022, and Report No. 105/BC-BXD of September 6, 2022, on explanation and assimilation of appraisal opinions;

The Prime Minister promulgates the Decision on the pilot delegation of powers, and order and procedures, for approval of partial adjustment of general master plans on function zone construction and partial adjustment of general master plans on urban areas of Khanh Hoa province.

Article 1. Delegation of powers for approval of partial adjustment of general master plans on function zone construction and partial adjustment of general master plans on urban areas

1. To delegate on a pilot basis to the People’s Committee of Khanh Hoa province the powers to approve partial adjustment of general master plans on function zone construction and partial adjustment of general master plans on urban areas (below referred to as partial adjustment of general master plans) within the administrative boundaries under its management based on plans approved by the Prime Minister.

2. The People’s Committee of Khanh Hoa province shall, when carrying out partial adjustment of general master plans under the pilot mechanism, comply with regulations on grounds, principles and conditions of partial adjustment, contents of partial adjustment of master plans as provided in the laws on construction planning and urban planning; ensure that the adjustment does not lead to changes in the characteristics, functions, scale, boundaries, and general development orientations of function zones or urban areas; and comply with technical regulations on construction planning and other relevant technical regulations.

Article 2. Order and procedures for approval of partial adjustment of general master plans

Under the pilot mechanism of delegation of powers specified in Article 1 of this Decision and Clause 12, Article 18, and Clause 10, Article 29, of the 2018 Law Amending and Supplementing a Number of Articles of Thirty-Seven Laws Related to Planning (Law No. 35/2018/QH14), the People’ Committee of Khanh Hoa province shall direct the performance of the following tasks:

1. Preparing reports on the contents of, and plan on, partial adjustment of general master plans.

2. Collecting opinions on the contents of partial adjustment of general master plans.

3. Organizing the appraisal of partial adjustment of general master plans.

4. Approving partial adjustment of general master plans after reaching agreement with the Ministry of Construction.

5. Updating and publicizing the contents of partial adjustment of general master plans according to regulations.

6. Reporting on the results of partial adjustment of general master plans by sending decisions on approval of partial adjustment of general master plans to the Prime Minister, Ministry of Construction, and People’s Council of the same level.

Article 3. Preparation of a dossier for partial adjustment of a general master plan

1. Dossiers for and contents of partial adjustment of general master plans must comply with the Law on Construction and Law on Urban Planning, and current decrees and circulars detailing and guiding the implementation thereof.

2. A dossier must comprise a report on the contents and plan of partial adjustment of the concerned general master plan, drawings, legal documents, other relevant documents, and a draft decision approving partial adjustment of the general master plan.

3. The report on the contents and plan of partial adjustment of a general master plan must:

a/ State the reasons of, necessity for, and causes leading to partial adjustment of the general master plan (function zones and urban areas); the partial adjustment is only permitted in one of the cases specified in Clause 10, Article 28 of Law No. 35/2018/QH14 (for general master plans on function zone construction), or Clause 8, Article 29 of Law No. 35/2018/QH14 (for general master plans on urban areas).

b/ Identify the scope, extent, and contents of adjustment, and planning criteria on land use; organization of space, architecture and landscape; the network of technical and social infrastructure facilities on the basis of analyzing and evaluating the current state and results of implementation of existing master plans; development requirements; and requirements on renovation and embellishment of the area(s) subject to adjustment.

c/ Analyze and assess contents of partial adjustment, ensuring that the adjustment neither leads to a change in the characteristics, function, scale, boundary, and general development orientations of the function zone or urban area nor leads to overload of technical and social infrastructure facilities of the area subject to adjustment; and the continuity and consistency of existing general master plans.

d/ Analyze and assess socio-economic efficiency of the partial adjustment; propose measures for settling arising issues due to the partial adjustment and a plan on the roadmap and schedule of implementation of partial adjustment of the general master plan after it is approved by the People’s Committee of Khanh Hoa province.

Article 4. Solicitation of opinions on contents of partial adjustment of a general master plan

1. To solicit opinions on contents of partial adjustment of the general master plan of the residential communities in the area subject to partial adjustment and surrounding areas that are directly impacted by the partial adjustment; to solicit opinions of related agencies and organizations on the proposal of partial adjustment of the general master plan (when necessary).

2. Opinions of representatives of residential communities and related agencies and organizations (if any) must be summarized and explained in writing. Contents on which opinions are given must be fully analyzed and explained to serve as a basis for finalizing the planning plan, ensuring conformity, feasibility, and harmony of interests between the State and related communities. The document explaining and assimilating opinions constitutes a component of the dossier submitted for appraisal and approval of partial adjustment of the general master plan.

3. Forms and time limits for opinion solicitation:

a/ The solicitation of opinions of related agencies and organizations (if any) shall be implemented in one of the following forms: hand-delivering or sending by post dossiers and documents or holding conferences or seminars. Consulted agencies and organizations shall give their answers in writing or directly at conferences or seminars.

b/ The solicitation of opinions of residential communities shall be implemented via soliciting opinions of their representatives in forms of questionnaires or interview. The representatives shall summarize opinions of the residential communities in accordance with the law on exercise of democracy at the grassroots level.

c/ The time limit for solicitation of opinions of agencies, organizations, individuals and residential communities must comply with Clause 4, Article 17 of the 2014 Law on Construction, for partial adjustment of general master plans on functional zone construction; or Clause 4, Article 21 of the 2009 Law on Urban Planning, for partial adjustment of general master plans on urban areas.

Article 5. Appraisal of partial adjustment of general master plans

1.  The Department of Construction of Khanh Hoa province is the agency appraising partial adjustment of general master plans.

2. The appraisal contents include:

a/ The satisfaction of requirements on grounds, conditions and contents of partial adjustment of general master plans in accordance with the laws on construction planning and urban planning, ensuring legality, feasibility, and conformity with current technical regulations on construction planning and other relevant technical regulations.

b/ The Department of Construction of Khanh Hoa province shall summarize the appraisal results in writing, and report such to the People’s Committee of Khanh Hoa province for consideration and approval; and take responsibility before law and the People’s Committee of Khanh Hoa province for its appraisal results of partial adjustment of general master plans.

3. The time limit for appraisal is 20 days after receiving a complete and valid dossier according to regulations.

4. A dossier (the original) submitted for appraisal must comprise:

a/ A report of the agency formulating the partial adjustment of the general master plan according to the contents specified in Clause 3, Article 3 of this Decision, legal documents and other relevant documents, document explaining opinions of agencies, organizations and residential communities about contents of partial adjustment of the general master plan.

b/ Drawings showing contents of partial adjustment of the general master plan, specifying to-be-achieved planning indicators upon partial adjustment of the general master plan with reference and collation of approved planning indicators.

c/ A draft decision of the People’s Committee of Khanh Hoa province, approving partial adjustment of the general master plan.

Article 6. Approval of partial adjustment of general master plans

1. The People’s Committee of Khanh Hoa province shall approve partial adjustment of general master plans after obtaining the written agreement of the Ministry of Construction.

a/ Contents of a written agreement must include grounds, conditions and contents of partial adjustment of the concerned general master plan, and the conformity with technical regulations on construction planning and other relevant technical regulations.

b/ A dossier submitted to the Ministry of Construction for opinion on partial adjustment of a general master plan must comprise a document of the People’s Committee of Khanh Hoa province to the Ministry of Construction; a dossier as specified in Clause 4, Article 5 of this Decision, and the appraisal agency’s report on appraisal results of partial adjustment of the general master plan (the Department of Construction of Khanh Hoa province).

c/ The dossier submitted to the Ministry of Construction for opinion on partial adjustment of a general master plan shall be hand-delivered, or sent by post or via the e-document exchange system to the Ministry of Construction.

d/ The time limit for the Ministry of Construction to give opinions is 15 days after receipt of a complete and valid dossier according to regulations. Past the specified time limit, if the Ministry of Construction has no opinions, the People’s Committee of Khanh Hoa province shall decide on the approval of the partial adjustment according to powers under the pilot mechanism.

2. In case the People’s Committee of Khanh Hoa province and the Ministry of Construction hold divergent opinions about the contents of partial adjustment of a general master plan, the Ministry of Construction’s opinions shall prevail.

3. The decision approving partial adjustment of a general master plan must have sufficient contents and plan on partial adjustment of the general master plan, focusing on to-be-adjusted contents; other contents of the general master plan which are not subject to partial adjustment have their validity unchanged.

4. The time limit for approval of partial adjustment of a general master plan is 15 days after receipt of a complete and valid dossier according to regulations (exclusive of the time for solicitation of the Ministry of Construction’s opinions).

5. The Department of Construction shall append its seal on approved drawings and dossiers related to partial adjustment of a general master plan and the updated planning dossier for use as a basis and ground for management and implementation and send a complete dossier set to the Ministry of Construction for retention and monitoring.

Article 7. Updating and publicization of contents of partial adjustment of general master plans

1. Approved contents of partial adjustment of a general master plan must be updated to the general planning dossier already announced, including drawings and regulations on management under the approved general plan so as to ensure the uniform implementation.

2. To-be-publicized contents include all contents of partial adjustment of general master plans, except those relating to national defense, security, and state secrets.

3. Within 15 days after the partial adjustment of a general master plan is approved by a competent agency, it must be posted on the Portal on Vietnam’s construction planning and urban planning (http://quyhoach.xaydung.gov.vn) and publicized in the forms provided in the Law on Construction and Law on Urban Planning.

Article 8. Implementation provisions

1. This Decision takes effect on the date of its signing and becomes invalid when the National Assembly’s Resolution No. 55/2022/QH15 of June 16, 2022, on pilot implementation of a number of special mechanisms and policies for development of Khanh Hoa province, ceases to be effective.

2. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the People’s Committee of Khanh Hoa province in, monitoring, examining, summarizing, and evaluating the results of the pilot delegation of powers, and order and procedures, for approval of partial adjustment of general master plans on functional zone construction and partial adjustment of general master plans on urban areas of Khanh Hoa province for submission to the Government for subsequently reporting to the National Assembly according to regulations.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the People’s Committee of Khanh Hoa province, and heads of related units shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE VAN THANH