Decree No. 44/2015/ND-CP dated May 06, 2015 of the Government detailing a number of contents on construction planning

DECREE

Detailing a number of contents on construction planning[1]

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

Pursuant to the June 18, 2014 Law on Construction;

At the proposal of the Minister of Construction;

The Government promulgates the Decree detailing a number of contents on construction planning.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Decree details a number of contents of Law No. 50/2014/QH13 on Construction, including formulation, appraisal and approval of construction planning; management of implementation of construction planning; and planning permits.

2. This Decree applies to domestic and foreign organizations and individuals involved in construction planning within the territory of Vietnam.

Article 2.Review of construction planning

1. Review of construction planning aims to control and assess the implementation of approved planning and serves as a basis for decision on adjustment to planning.

2. A report on review of construction planning must include:

a/ Review of the formulation and implementation of relevant planning and construction investment projects against approved construction planning and planning implementation plans;

b/ Assessment of implemented objectives, impacts and efficiency of the implementation of approved planning;

c/ Analysis of new elements arising in the course of implementation of construction and socio-economic development planning in the area under planning;

d/ Recommendations and proposals;

dd/ Dossier of the review report, which must comprise the written report, color drawings of appropriate scale and other relevant legal documents.

Article 3.Maps serving the making of construction plans

1. The map serving the making of a construction plan is the terrain map available at the time of construction planning.

a/ In case no terrain map is available, survey and measurement shall be conducted for drawing the map according to the requirement of each specific type of construction plan;

b/ In case a terrain map is available but fails to correctly reflect the actual conditions at the time of construction planning, or only a cadastral map is available, additional survey and measurement shall be conducted to ensure the requirement of making construction plans and planting boundary markers according to construction planning.

2. Terrain maps shall be drawn by an agency having legal person status for the area directly under study and planning and on the basis of the approved planning task and survey cost estimate.

Article 4.State budget funds for construction planning

1. State budget funds shall be arranged annually for the formulation and implementation of:

a/ Regional construction planning;

b/ General construction planning and particular-function zone construction planning (if any);

c/ Detailed particular-function zone construction planning that does not fall within commercial construction projects;

d/ General commune construction planning and detailed rural residential quarter construction planning that do not fall within commercial construction projects.

2. State budget funds for construction planning shall be used for:

a/ Compiling dossiers and conducting terrain surveys for construction planning and technical infrastructure planning:

- Elaborating, appraising and approving construction planning tasks and cost estimates for the drawing of terrain maps serving construction planning;

- Collecting data, conducting survey and measurement and drawing terrain maps.

b/ Formulating, appraising and approving construction planning and technical infrastructure planning:

- Elaborating, appraising and approving planning tasks and plans;

- Reaching agreement with state management agencies on construction plans;

- Collecting opinions from the community in the course of planning;

- Managing planning activities.

c/ Organizing implementation of construction planning and technical infrastructure planning:

- Announcing the construction planning and making implementation plans;

- Planting boundary markers according to approved construction planning. The Ministry of Construction shall provide specific guidance on the planting of boundary markers according to construction planning.

Article 5.Management of state budget funds for construction planning

1. Heads of agencies shall manage state budget funds for construction planning; control advance payment, payment and finalization based on volume under economic contracts.  Related agencies shall join in inspection and supervision activities.

2. Responsibility for planning state budget funds for construction planning:

a/ The Ministry of Construction shall draw up a list of construction planning projects and annual state budget plans for construction planning to be prepared by the Ministry of Construction and for other construction planning assigned by the Prime Minister;

b/ People’s Committees at all levels shall draw up lists of construction planning projects and annual state budget plans for construction planning under their respective administration, except construction planning mentioned at Points and b, Clause 2 of this Article.

3. The Ministry of Construction shall announce limits, unit prices or methods of determining funds for construction planning.

4. The Ministry of Finance shall guide the advance payment, payment and finalization of funds for construction planning.

Chapter II

FORMULATION, APPRAISAL AND APPROVAL OF CONSTRUCTION PLANNING

Section 1

REGIONAL CONSTRUCTION PLANNING

Article 6.Principles of regional construction planning

1. Regional construction planning shall be formulated for inter-provincial regions (including large urban regions), particular-function regions, and regions along highways and inter-provincial economic corridors under the Prime Minister’s decision on the basis of proposals of the Ministry of Construction in accordance with socio-economic development strategies and master plans to meet management requirements and ensure effective allocation of national resources.

2. Regional construction planning shall be formulated for provincial areas as a basis for formulation of construction planning for district areas and inter-district areas, general planning for urban centers, and planning for construction of particular-function zones in a province.

3. Regional construction planning shall be formulated for inter-district areas within a province and district areas under the provincial-level People’s Committee’s decision on the basis of proposals of provincial-level Construction Departments (or Hanoi City and Ho Chi Minh City Departments of Planning and Architecture) to meet management requirements and serve as a basis for formulating particular-function zone construction planning, general construction planning for communes and general planning for urban centers in a district. 

4. Technical infrastructure planning for inter-provincial regions and provincial areas aims to concretize the construction planning for inter-provincial regions and provincial areas. The formulation, appraisal and approval of technical infrastructure planning must comply with current laws.

Article 7.Task of regional construction planning

1. Required contents of the task of regional construction planning:

a/ Grounds for determination of the regional boundary; planning objectives and period. For inter-provincial regions, inter-district areas, particular-function regions, regions along highways or inter-provincial economic corridors, grounds for establishment of regional boundary are required;

b/ An overview of the region under planning and development forecasts of relevant sectors;

c/ Preliminary forecasts about population size, land, urbanization rate, potential and driving force for development over next 10 and 20 years; proposed economic-technical targets to be applied;

d/ Requirements to be met in the collection of data, analysis and assessment of natural conditions and current conditions; orientations for development of social and technical infrastructure space and systems in the region; strategic environmental assessment; regional planning management; priority programs and projects;

For particular-function regions, regions along highways or inter-provincial economic corridors, the required contents must conform to specialized orientations and development objectives;

dd/ List and quantity of documents, products, implementation schedule and organization;

e/ Other contents related to characteristics of each region;

g/ Total cost estimate for regional construction planning.

2. The time limit for the formulation of the tasks of regional construction planning for inter-provincial regions and provincial areas is three months, or two months for other areas.

Article 8.Regional construction plans

1. Contents of regional construction plans must meet requirements of approved planning tasks and the following specific requirements:

a/ Analysis and assessment of natural conditions, current socio-economic conditions, urban system and rural residential quarters, land use, social and  technical infrastructure systems, environment, and other typical elements of the region;

b/ Assessment and review of the implementation of master plans in effect;

c/ Identification of development objectives, speed of urbanization, characteristics, potential and driving force of development of the region;

d/ Forecasts about economic development, population, labor, demand for land and urbanization rate over next 10 and 20 years; technical targets based on development objectives;

dd/ Regional space development orientation:

- Proposal or selection of the regional space development model;

- Determination of zones subject to development control and management. For regions along highways or inter-provincial economic corridors, zoning shall be determined by line section and organization of connection along the line;

- Distribution and determination of sizes of development spaces for industry, agriculture, forestry, tourism, trade and services, and conservation; determination of sizes and characteristics of particular-function zones;

- Determination and organization of urban and rural systems: development models, structures of urban systems and rural areas suitable to economic, cultural and social characteristics; urban centers graded and classified by territorial space and administrative management; size of population and land for urban construction;

- Distribution and determination of sizes of social infrastructure facilities including educational, training, cultural, medical, and physical training and sports centers of large size or regional significance; trade and service centers of regional level; tourist resorts, protection areas of natural landscapes, environment and valuable cultural and historical relics. For particular-function regions, specialized centers shall be determined based on the particular function. For regions along highways or inter-provincial economic corridors, public centers along the line shall be determined;

- Distribution and determination of conservation or protection areas of landscapes in the region.

e/ Orientation of the regional technical infrastructure system:

- Determination of the network, locations and sizes of regional or inter-regional key technical infrastructure facilities including technical preparation, transport, power development, supply of energy (gas, petrol and oil), water supply and drainage and wastewater treatment, solid waste management, cemeteries and passive telecom infrastructure;

- For regions along highways or inter-provincial economic corridors, the transport orientation must specify the connection between the highway axis and urban traffic system and functional zones outside urban centers; locations and sizes of key transport facilities along the line, collection roads; and organization of inter-provincial public transport along the line.

g/ Strategic environmental assessment

- Environmental problems of major impact;

- Current conditions of major sources of pollution, areas of environmental degradation and areas of ecosystems and landscapes. Determination of environmental protection contents at regional level;

- Forecasts about trends of environmental problems caused by the formulation and implementation of the planning;

- Measures to prevent and minimize environmental problems.

2. The time limit for the formulation of plans for inter-provincial regions, provincial areas and other areas is 18, 15 and 12 months, respectively.

Article 9.Regulations on management based on regional construction plans

Regulations on management based on regional construction plan must cover:

1. Scope, boundary, size of population and land in the region under management.

2. Regulations on development areas and economic development spaces.

3. Regulations on management of urban and rural systems.

4. Regulations on locations, roles, functions and sizes of regional and inter-regional social and technical infrastructure facilities.

5. Regulations on scopes of protection or safety corridors of regional and inter-regional key works and main technical infrastructure facilities built in lines, and environmental protection measures.

6. Regulations on conservation of natural heritage sites, valuable architectural structures, scenic sites, and historical and cultural relics in the region.

7. Assignment and determination of responsibilities for planning management among local administrations at different levels in the region under the regional construction plan.

8. Other regulations depending on the region’s particular function.

Section 2

PARTICULAR-FUNCTION ZONE CONSTRUCTION PLANNING

Article 10.Principles of particular-function zone construction planning

1. For particular-function zones inside and outside urban centers, construction planning shall be formulated in accordance with this Decree;

2. For particular-function zones of over 500 ha each, general construction planning shall be formulated in conformity with provincial construction planning and urban planning; and be used as a basis for the formulation of zoning planning and detailed construction planning.

3. For areas inside particular-function zones or particular-function zones of under 500 ha each, depending on management and development requirements, construction zoning planning shall be formulated as a basis for the determination of construction investment projects and formulation of detailed construction planning.

4. For areas inside particular-function zones, upon construction, detailed construction planning shall be formulated in order to concretize general planning and zoning planning and be used as a basis for grant of construction permits.

5. For a construction investment project of under 5 ha each executed by a single project owner (or under 2 ha for condominium building projects), a construction investment project shall be formulated without formulation of detailed construction planning. Drawings of the general site plan, architectural plan and technical infrastructure solutions in the base design must conform to the construction zoning planning or planning permit, and ensure connection of technical infrastructure and harmony with the architectural space in the area.

Article 11.Task of particular-function zone construction planning

1. Required contents of the task of general particular-function zone construction planning:

a/ Grounds for determination of the scope and boundary for general construction planning of the particular-function zone; grounds for planning; determination of planning objectives and task;

b/ Determination of the nature and roles of the particular-function zone in the area; formulation of a vision. Preliminary forecasts about size of population, economic-technical targets according to development objectives of the area; basic land and technical infrastructure targets;

c/ Basic principles of analysis and assessment of natural conditions and current conditions; study of exploitation of development potential and driving force; orientation of organization of space and social and technical infrastructure systems; strategic environmental assessment and other requirements according to the particular development objectives of the area;

d/ List and quantity of documents, products, and implementation schedule and organization;

dd/ Total cost estimate for general particular-function zone construction planning.

2. Required contents of the task of formulating particular-function zone construction zoning planning:

a/ Grounds for determination of the scope, boundary, area and nature of the area under planning;

b/ Determination of basic population, land use, social and technical infrastructure targets on the basis of the approved general construction planning and regional construction planning;

c/ Requirements and basic principles of analysis and assessment of natural conditions and current conditions; requirements on functional zones, organization of space and technical infrastructure in conformity with the approved general construction planning and regional construction planning and surrounding area;

d/ Requirements on strategic environmental assessment and other requirements according to particular development objectives of the area;

dd/ List and quantity of documents, products, and implementation schedule and organization;

e/ Total cost estimate for particular-function zone construction zoning planning.

3. Required contents of the task of detailed construction planning:

a/ Determination of the boundary and size of the area subject to detailed planning; land use and technical infrastructure targets;

b/ Basic principles of analysis and assessment of natural conditions and current conditions; requirements on organization of space of landscape, architecture and technical infrastructure in conformity with the approved zoning planning and general construction planning; requirements on strategic environmental assessment;

c/ List and quantity of documents, products, and implementation schedule and organization;

d/ Total cost estimate for detailed particular-function zone construction planning.

4. The time limit for the elaboration of tasks of general particular-function zone construction planning, particular-function zone construction zoning planning, and detailed construction planning is two months, one month, and one month, respectively.

Article 12.General particular-function zone construction plan

1. Depending on each particular-function zone, contents of the general particular-function zone construction plan must satisfy the approved planning task and the following specific requirements:

a/ Analysis and assessment of natural conditions, current socio-economic conditions, population, labor, culture, land use, social and technical infrastructure facilities, environment and typical elements of the area;

b/ Assessment of the implementation of master plans in effect and existing projects; determination and clarification of orientations in the relevant sectoral master plan;

c/ Identification of objectives and driving force for development of the particular-function zone; forecasts about population, labor, area of construction land, and social and technical infrastructure in each period;

d/ Orientation of land use planning, specifying the scope, size and land use targets in the particular-function zone to meet development requirements in each period;

dd/ Space development orientation:

- Determination of development model and orientation of the particular-function zone; orientation and principles of development of functional areas;

- Organization of the central system in conformity with the development of residential areas and functional areas; determination of architectural and landscape areas, main space axes, public squares, gate areas, and prominent works of the particular-function zone;

- Proposal and illustration of the main space of the particular-function zone, solutions to organization of space of key areas, and regulations on control of architecture and landscape in these areas.

e/ Technical infrastructure orientation:

- Arrangement of major water drainage basins; water drainage direction; locations and sizes of water drainage works; determination of construction heights for the entire zone and individual functional areas;

- Determination of external and internal traffic networks; locations and sizes of key traffic works; organization of the public traffic system and system of car terminals and parking lots; determination of red-line boundaries of main axes and the technical tunnel system (if any);

- Calculation of demands for and determination of supply sources of water and energy (electricity and gas); forecasts about total volumes of wastewater and solid waste; determination of locations and sizes of key works and main transmission or distribution networks of water and energy supply and lighting systems, passive telecom infrastructure, water drainage and wastewater treatment facilities;

- Determination of locations and sizes of solid waste disposal facilities, cemeteries and other technical infrastructure facilities.

g/ Contents of strategic environmental assessment:

- Identification of major environmental problems inside and outside the area under planning;

- Current conditions of sources of pollution directly affecting the environment;

- Forecasts about environmental development during the formulation and implementation of the general particular-function zone construction planning;

- Proposal of prevention measures and order of priority for implementation; proposal of isolation and environmental protection areas;

h/ Proposal of prioritized investment items, preliminary estimation of funds and resources for implementation.

2. The time limit for general particular-function zone construction planning is 12 months.

Article 13.Particular-function zone construction zoning plan

1. Particular-function zone construction zoning plans must clarify the nature, functions and specific requirements of the areas under planning, meeting the approved planning task and the following specific requirements:

a/ Analysis and assessment of natural conditions, current conditions of construction land, population, architecture, landscape and technical infrastructure; analysis of regulations of general construction planning relevant to the area under planning; assessment of projects and master plans that have been implemented in the area;

b/ Determination of population size, land use, social and technical infrastructure for the entire area; and economic-technical targets according to the particular function;

c/ Planning of the general land area to be used: identification of sub-zones in the area under planning; determination of land use norms of construction density, land use coefficient, height of works in each parcel of land; setbacks from roads; locations and sizes of underground works (if any);

d/ Organization of space, architecture and landscape: determination of principles and requirements for organization of space, architecture and landscape for each sub-zone, main road route, open space and prominent point;

dd/ Technical infrastructure orientations: the technical infrastructure system arranged to the road network in the area, including:

- Determination of construction height for each street quarter;

- Determination of the traffic network, cross sections, red-line boundaries and construction boundaries; determination and concretization of general planning in terms of locations and sizes of car terminals and parking lots (overhead, on the ground and underground); public traffic routes; and technical tunnels (if any);

- Determination of demands for and supply sources of water; locations and sizes of water plants and pump stations; water supply pipe network and detailed technical specifications;

- Determination of demands for and supply sources of energy (electricity, gas); locations and sizes of power distribution stations, gas stations; medium-voltage line network and lighting system;

- Determination of demands and passive telecom infrastructure works;

- Determination of total volumes of wastewater and garbage; water drainage network; locations and sizes of wastewater treatment and waste disposal facilities and cemeteries.

e/ Strategic environmental assessment:

- Identification of key environmental problems in the area under planning;

- Assessment of environmental development during the formulation and implementation of the particular-function zone construction zoning planning;

- Proposal of prevention measures and order of priority for implementation; proposal of isolation and environmental protection areas for functional areas.

g/ Determination of prioritized investment projects, preliminary estimation of funds and resources for implementation.

2. The time limit for formulation of particular-function zone construction zoning plans is 9 months.

Article 14.Detailed particular-function zone construction plan

1. Detailed particular-function zone construction plans must meet the approved planning tasks and the following specific requirements:

a/ Analysis and assessment of natural conditions, current conditions of construction land, population, society, architecture, landscape and technical infrastructure; regulations of general planning and zoning planning related to the area under planning;

b/ Determination of size of population, land use and social and technical infrastructure for the entire area under planning;

c/ Planning of the general land area to be used: determination of functions, land use norms of construction density, land use coefficient, height of works, setbacks from each parcel of land and road; locations and sizes of underground facilities (if any);

d/ Determination of heights of works, floor level and height of first floor or base of multi-story buildings; architectural form, fence, color, main materials of works and other architectural objects; organization of public greeneries, gardens, street greeneries and water surface in the area under planning;

dd/ Planning of the technical infrastructure system: the technical infrastructure system arranged to internal road network, covering:

- Determination of construction height for each land parcel;

- Determination of the traffic network, cross sections, red-line boundaries and construction boundaries; determination and concretization of general planning and zoning planning in terms of locations and sizes of car terminals and parking lots overhead, on the ground and underground (if any);

- Determination of demands for and supply sources of water; locations and sizes of water plants and pump stations; water supply pipe network and detailed technical specifications;

- Determination of demands for and supply sources of energy (electricity, gas); locations and sizes of power distribution stations, gas stations; transmission line network and lighting system;

- Determination of demands and telecom infrastructural works;

- Determination of volumes of wastewater and solid wastes; water drainage network; locations and sizes of wastewater treatment and solid waste disposal facilities and cemeteries.

e/ Strategic environmental assessment:

- Assessment of current conditions, determination of major environmental problems in the area under planning;

- Forecast and assessment of environmental impacts of planning options;

- Proposal of prevention measures and order of priority for implementation.

g/ Preliminary estimation of funds and proposal of resources for implementation.

2. The time limit for formulation of detailed construction plans is 6 months.

Article 15.Regulations on management based on particular-zone construction plans

1. For general particular-zone construction planning, regulations on management based on the plan must include the following principal contents:

a/ Boundaries, scope and nature of the particular-function zone;

b/ Norms of area, construction density, land use coefficient, maximum and minimum heights of works in each functional sub-zone;

c/ Regulations on control of space and architecture of each area;

d/ Red-line boundaries of main street routes, controlled construction heights of each area;

dd/ Locations, sizes and scope of protection or safety corridors for underground facilities;

e/ No-construction area; scopes of protection or safety corridors for technical infrastructural facilities;

g/ Areas of conservation or embellishment of architectural works, historical and cultural relics, scenic sites, and landscape;

h/ Environmental protection requirements and measures as prescribed by the law on environmental protection;

2. For particular-zone construction zoning planning, regulations on management based on the plan must include the following principal contents:

a/ Scope and size of the area under planning;

b/ Locations, boundaries, nature and sizes of functional zones in the area under planning; norms of construction density, land use coefficient, maximum and minimum heights of works, construction height of each land parcel;

c/ Red-line boundaries, construction boundaries, construction heights and specific technical requirements for each road route and area; scopes of protection or safety corridors of technical infrastructural facilities;

d/ Main spatial axes, prominent points of the area;

dd/ Locations, sizes and scopes of protection or safety corridors for works of particular functions to be protected or isolated; underground facilities;

e/ Areas of conservation, renovation or embellishment of historical and cultural relics, scenic sites and landscape;

g/ Requirements and measures for environmental protection as prescribed by the law on environmental protection;

3. For detailed particular-zone construction planning, regulations on management based on the plan must include the following principal contents:

a/ Boundaries, scope, nature and function of the area under planning;

b/ Locations, boundaries, functions and sizes of land parcels in the area under planning;

c/ Determination of norms of construction density, land use coefficient and construction height for each land parcel; heights of works, floor level; and height of first floor or base of multi-story buildings, architectural form, fence, building materials of works;

d/ Red-line boundaries, construction boundaries and specific technical requirements for each internal road route, scopes of protection or safety corridors of technical infrastructural facilities;

dd/ Locations, sizes and scopes of protection or safety corridors for particular-function works and underground facilities;

e/ Lists and regulations on conservation, renovation and embellishment of architectural works, historical and cultural relics, scenic sites and landscape;

g/ Requirements and measures for environmental protection as prescribed by the law on environmental protection.

Section 3

RURAL CONSTRUCTION PLANNING

Article 16.Principles of rural construction planning

1. General construction planning shall be formulated for communes in order to concretize the provincial and district construction planning, and serve as a basis for determination of investment projects and formulation of detailed construction planning for rural residential quarters.

2. Rural construction planning shall be formulated as prescribed in this Decree for rural residential quarters already determined in the general urban planning.

3. Detailed construction planning shall be formulated for rural residential quarters upon investment and construction in order to concretize general planning and serve as a basis for grant of construction permits.

Article 17.Task of rural construction planning

1. Required contents of the task of general commune construction planning:

a/ Location, scope and boundary of the commune; planning objectives and period;

b/ Preliminary forecasts about size of population, labor and land;

c/ Basic principles of analysis and assessment of current conditions; review of projects and master plans still in effect in the commune; determination of factors affecting the commune’s socio-economic development; requirements on organization of overall space for the entire commune, arrangement of functional zones (production, residential), and social and technical infrastructure;

d/ List and quantity of documents, products, and implementation progress and organization;

dd/ Total cost estimate for general commune construction planning.

2. Required contents of the task of detailed rural residential quarter construction planning:

a/ Determination of the scope and boundary for planning, size of population;

b/ Basic principles of analysis and assessment of natural conditions, current conditions; selection of land use and work construction norms; requirements on organization of space, architecture and landscape, technical infrastructure and environment, ensuring conformity with approved general commune construction planning;

c/ List and quantity of documents, products, and implementation progress and organization;

d/ Total cost estimate for detailed rural residential quarter planning.

3. The time limit for formulation of the task of general commune construction planning and detailed rural residential quarter planning is one month.

Article 18.General commune construction plan

1. General commune construction plans must ensure the approved planning tasks and the following specific requirements:

a/ Analysis and assessment of natural conditions, current socio-economic conditions, land use, landscape and architecture, social and technical infrastructure, and environment; current construction and use of works;

b/ Determination of potential and driving force for development; forecasts about economic development, size of population, construction land; land and technical infrastructure targets for the entire commune;

c/ Planning of overall space for the entire commune:

- Determination of the zoning structure (agricultural production, industrial production, handicraft and cottage industry areas, new residential quarters, renovated villages, central area) and orientation of development of areas;

- Orientation of organization of space, architecture and landscape, determination of scale and norms of land use for each village, craft village, industrial and cottage industry production;

- Orientation of the public work system, housing construction, and conservation of cultural and historical works.

d/ Planned use of construction land in the entire commune according to development requirements in each period.

dd/ Planning of the technical infrastructure system serving residents and key technical infrastructure facilities serving production, including technical preparation, traffic, supply of energy (electricity, gas), lighting, passive telecom infrastructure, water supply, wastewater drainage, solid waste management, and cemeteries;

e/ Strategic environmental assessment:

- Assessment of current conditions, identification of major environmental problems in the area under planning;

- Forecasts about impacts and environmental development during the implementation of general commune construction planning;

- Proposal of prevention measures and order of priority for implementation.

g/ Determination of prioritized investment programs and projects, preliminary estimation of funds and resources for implementation.

2. The time limit for formulation of general commune construction plans is 6 months.

Article 19.Detailed rural residential quarter construction plan

1. Detailed rural residential construction plans must satisfy the approved planning tasks and the following specific requirements:

a/ Analysis and assessment of natural conditions, current conditions of construction land, residents, society, landscape, architecture and technical infrastructure; regulations of general commune planning concerning rural residential quarters;

b/ Determination of size of population, land use and social and technical infrastructure targets for rural residential quarters;

c/ Planning of general land area for use: determination of functions, area, land use norms of construction density, land use coefficient, height of works, and setbacks of works in each land parcel;

d/ Determination of architectural form, fence, color and key materials of works and other architectural objects; identification of works to be conserved and embellished in the area;

dd/ Planning of the technical infrastructure system: technical infrastructure system arranged to each land parcel, including the following contents:

- Determination of construction height for each land parcel;

- Determination of the traffic network, cross sections, red-line boundaries and construction boundaries; determination and concretization of general planning in terms of locations and sizes of car terminals and U-turn points;

- Determination of demands for and supply source of water; locations and sizes of water supply facilities; water supply pipe network and detailed technical specifications;

- Determination of demands for and supply sources of energy (electricity, gas); locations and sizes of power distribution stations; transmission network, and lighting system;

- Determination of demands for passive telecom infrastructure works;

- Determination of volumes of wastewater and solid waste; water drainage network; locations and sizes of wastewater treatment and solid waste disposal facilities in rural residential quarters.

e/ Strategic environmental assessment:

- Assessment of current conditions, determination of major environmental problems in the area under planning;

- Forecasts about and assessment of environmental impacts of planning options;

- Proposal of prevention measures and order of priority for implementation.

g/ Estimation of funds and resources for implementation.

2. The time limit for formulation of detailed rural residential quarter construction plans is 4 months.

Article 20.Regulations on management based on rural construction plans

1. For general commune construction planning, regulations on management based on the plan must include the following principal contents:

a/ Boundaries, scope and nature of the commune;

b/ Control of space and architecture of functional sub-areas and key works: communal administrative agencies, and education, health, culture, sports, trade and service institutions;

c/ Red-line boundaries of main street routes of the commune and inter-villages, village backbones, and controlled construction height;

d/ No-construction area; scopes of protection or safety corridors for technical infrastructure facilities; environmental protection measures;

dd/ Areas of conservation and embellishment of architectural works, historical and cultural relics, scenic sites, and landscape;

2. For detailed rural residential quarter construction planning, regulations on management based on the plan must include the following principal contents:

a/ Boundaries and scope of rural residential quarters;

b/ Locations, boundaries, functions and sizes of land parcels in rural residential quarters; norms of construction density, land use coefficient, construction height of each land parcel; height, floor level, architectural form, fence, and building materials of works;

c/ Red-line boundaries, construction boundaries and specific technical requirements for each road or lane; scopes of protection or safety corridors of technical infrastructural facilities;

d/ Regulations on conservation, embellishment, renovation and improvement of architectural works, historical and cultural relics, scenic sites and landscape;

dd/ Requirements and measures for environmental protection as prescribed by the law on environmental protection.

Section 4

COLLECTION OF OPINIONS IN THE COURSE OF CONSTRUCTION PLANNING

Article 21.Collection of opinions on regional construction planning

1. The Ministry of Construction shall collect written opinions from other ministries, sectors, agencies and organizations at central level and related provincial-level People’s Committees on the contents of plans it has formulated in the course of formulation of inter-provincial construction plans to be approved by the Prime Minister.

2. Construction planning agencies shall coordinate with People’s Committees at all levels in collecting opinions from related agencies and organizations in the course of formulation of construction plans for provinces, inter-districts, districts, and particular-function zones to be approved by provincial-level People’s Committees.

Article 22.Collection of opinions on particular-function zone construction planning

1. Construction planning agencies shall coordinate with People’s Committees at all levels in collecting opinions from related agencies and organizations and representatives of related residential communities in the course of formulation of particular-function zone construction plans.

2. For general particular-function zone construction plans formulated by the Ministry of Construction and approved by the Prime Minister, related provincial-level People’s Committees shall coordinate in collecting opinions from related agencies and organizations and representatives of related residential communities in the localities in the course of formulation of construction plans.

Article 23.Collection of opinions on rural construction planning

Construction planning agencies shall coordinate with commune-level People’s Committees in collecting opinions from related agencies and organizations and representatives of related residential communities in the course of formulation of rural construction plans.

Article 24.Assimilation of opinions

During the formulation of construction plans, opinions collected from related agencies and organizations and representatives of related residential communities shall be summarized and responded in writing by consultancy organizations in coordination with general planning agencies.

Contributed opinions shall be analyzed and fully responded to serve as a basis for completion of planning options in order to ensure suitability, feasibility and harmony among interests of the State and community.

Reports on response to and assimilation of opinions on construction planning tasks and plans are part of the dossiers submitted for appraisal and approval of construction planning.

Section 5

ORDER AND PROCEDURES FOR APPRAISAL AND
APPROVAL OF CONSTRUCTION PLANNING

Article 25.Order and procedures for appraisal and approval of construction planning tasks and plans

1. Agencies in charge of submission for appraisal and approval:

a/ The Ministry of Construction and provincial-level People’s Committees shall submit construction planning tasks and plans they have formulated to the Prime Minister for approval.

b/ Construction planning agencies shall submit construction planning tasks and plans for appraisal and to People’s Committees at all levels for approval.

2. Obtaining agreement from state management agencies on construction plans in the course of appraisal:

a/ Provincial-level People’s Committees shall obtain written agreement from the Ministry of Construction before approving general particular-function zone construction plans and construction zoning plans for particular-function zones of over 200 ha each;

b/ District-level People’s Committees shall obtain written agreement from provincial-level Departments in charge of specialized construction works before approving construction plans within their competence.

3. In the course of appraisal of construction planning tasks and plans, the appraisal agencies shall collect written opinions from line management agencies at the same level and related professional associations and experts.

4. Results of appraisal of construction planning tasks and plans shall be sent by appraisal agencies to construction planning agencies as a basis for completion of the tasks and plans before submission to competent authorities for approval.

Article 26.Time limits for appraisal and approval of construction planning tasks and plans

1. Time limits for appraisal and approval of regional construction planning tasks and plans:

a/ For inter-provincial and provincial construction planning, the time limit for appraisal of the tasks is 25 days, and for approval, 20 days; the time limit for appraisal of the plans is 30 days, and for approval, 25 days, counting from the date of receipt of complete and valid dossiers as prescribed;

b/ For construction planning of other areas, the time limit for appraisal of the tasks is 20 days, and for approval, 15 days; the time limit for the appraisal of the plans is 25 days, and for approval, 20 days, counting from the date of receipt of complete and valid dossiers as prescribed.

2. Time limits for appraisal and approval of particular-function zone construction planning tasks and plans:

a/ For general particular-function construction planning, the time limit for appraisal of the tasks is 20 days, and for approval, 15 days; the time limit for appraisal of the plans is 25 days, and for approval, 15 days, from the date of receipt of complete and valid dossiers as prescribed;

b/ For zoning planning and detailed planning for construction of particular-function zones, the time limit for appraisal of the tasks is 15 days, and for approval, 10 days; the time limit for appraisal of the plans is 25 days, and for approval, 15 days, counting from the date of receipt of complete and valid  dossiers as prescribed.

3. The time limits for appraisal and approval of rural construction planning tasks and plans:

a/ For general commune construction planning, the time limit for appraisal of the tasks is 15 days, and for approval, 10 days; the time limit for appraisal of the plans is 20 days, and for approval, 15 days, counting from the date of receipt of complete and valid dossiers as prescribed;

b/ For detailed rural residential quarter construction planning, the time limit for appraisal of the tasks is 15 days, and for approval, 10 days; the time limit for appraisal of the plans is 25 days, and for approval, 15 days, counting from the date of receipt of complete and valid dossiers as prescribed.

Article 27.Dossiers submitted for appraisal and approval of construction planning tasks and plans

1. A dossier submitted for appraisal or approval of construction planning task must comprise a written request for appraisal or approval; explanation of the task including color drawings; draft decision on approval of the task; relevant legal documents; written response to opinions of agencies, organizations and residential communities on the task; legal person status and capacity dossiers of the construction planning consultancy organization.

2. A dossier submitted for appraisal or approval and a dossier for agreement on construction plan must comprise a written request for appraisal or approval of the plan; general explanations including color drawings; regulations on management based on the approved construction plan; draft decision on approval of the plan; color drawings of required scale; relevant legal documents; written responses to opinions of agencies, organizations and residential communities on the plan; legal person status and capacity dossiers of the construction planning consultancy organization; a CD containing the entire content of the dossier of the plan.

3. Dossiers of construction plans shall be appended with a certification seal of the appraisal agency after the approval decision is issued.

4. The plan approval decision and CD of the entire content of the approved dossiers shall be sent to the construction planning management agency and the Ministry of Construction for filing.

5. The Ministry of Construction shall provide specific guidance on the presentation and types of dossiers of construction planning tasks and plans.

Chapter III

MANAGEMENT OF CONSTRUCTION PLANNING IMPLEMENTATION

Article 28.Responsibilities for formulating construction planning implementation plans

1. Implementation plans shall be made for regional construction plans, general construction planning, construction zoning planning and general commune construction planning after they are approved by competent authorities.

2. The Ministry of Construction shall assume the prime responsibility for the making and approval of implementation plans for inter-provincial construction planning it has formulated; and direct, examine and inspect the implementation of the construction planning approved by the Prime Minister.

3. Provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with the Ministry of Construction in, the making and approval of implementation plans for construction plans approved by the Prime Minister within the localities under their management.

4. People’s Committees at all levels shall make and approve implementation plans for construction plans they have approved.

5. The Ministry of Planning and Investment and the Ministry of Finance shall balance funding sources for projects to construct regional social and technical infrastructure facilities in accordance with the Law on Investment and the Law on the State Budget.

Article 29.Contents of implementation plans for construction planning

Based on the approved construction planning or technical infrastructure planning, an implementation plan for such construction planning must include:

1. Lists and order of formulation of construction planning at each level under 10-year, five-year and annual plans; lists and order of investment in social and technical infrastructure projects based on long-term, medium-term and annual planning periods.

2. Estimated demand for funds for the implementation of annual construction planning.

3. Proposed mechanisms and policies for determination of resources under the plan and capability to mobilize resources for the implementation of annual plans in the short term.

4. Proposed model of management and supervision of planning implementation.

5. Other relevant contents.

Article 30.Responsibilities of provincial-level People’s Committees for implementation of inter-provincial construction planning

1. To take part in the making of implementation plans for inter-provincial construction planning after it is approved by the Prime Minister.

2. To organize the implementation of inter-provincial and provincial construction planning within their administrative management.

3. To control the implementation of construction planning within the administrative boundaries under their management, ensuring conformity with approved inter-provincial construction planning.

4. To review and make six-month reports to the Ministry of Construction on the implementation of the planning within the administrative boundaries under their management.

5. To study and propose mechanisms and policies facilitating the implementation of inter-provincial and provincial construction planning and investment in regional development.

6. To cooperate with the Ministry of Construction and related ministries and sectors in calling for investment in regional development.

Chapter IV

PLANNING PERMITS

Article 31.General provisions on planning permits

1. Planning permits shall be granted to project owners that satisfy capacity conditions for making investment in project construction.

2. The maximum validity duration of a planning permit for a project to construct a concentrated work is 24 months from the date of its grant to the time of approval of detailed planning.

3. The maximum validity duration of a planning permit for a project to construct an individual work is 12 months from the date of its grant to the time of approval of the investment project.

4. The Ministry of Finance shall detail the fee rates for the grant of planning permits.

Article 32.Cases of grant of planning permits for particular-function zones

1. Investment projects to construct concentrated works in an area without construction zoning planning.

2. Investment projects to construct concentrated or individual works in an area with construction zoning planning but without detailed construction planning due to lack of grounds.

3. Investment projects to construct concentrated or individual works in an area with approved detailed construction planning but in need of adjustments to its boundary or some norms for land use.

Article 33.Order of grant of planning permits

1. Based on specific demands, a project owner shall compile a dossier of application for a planning permit as prescribed in Article 35 of this Decree and send it to an agency competent to grant planning permits.

2. Based on requirements of management and control of development of particular-function zones, regulations on management under general construction planning, and proposals made by project owners, construction planning management agencies at all levels shall consider the dossiers, organize collection of opinions from related agencies and report contents of planning permits to the agency competent to grant planning permits. The time limit for appraisal of the dossiers and collection of opinions is 30 days from the date of receipt of complete and valid dossiers of application.

3. The competent agency shall consider and grant planning permits within 15 days from the date of receipt of appraisal dossiers from construction planning management agencies at all levels.

4. For construction investment projects specified in Clause 3, Article 35 of this Decree, during the appraisal of the dossiers of application for planning permits, construction planning management agencies at all levels shall collect opinions from representatives of related communities on the issues related to the to-be-granted permits. Representatives of residential communities shall summarize opinions of their communities as prescribed by the law on exercise of grassroots democracy.

Article 34.Dossiers of application for planning permits

A dossier of application for a planning permit must comprise:

1. Application for a planning permit.

2. Plan on the location of the site for which a planning permit is applied.

3. Expected scope and boundary of the land parcel, norms for use of the planned land.

4. Projected content of investment, project size and total investment.

5. Report on the legal person status and financial capacity for project implementation.

Article 35.Contents of planning permits

1. A planning permit for a concentrated construction investment project referred to in Clauses 1 and 2, Article 35 of this Decree, includes the following details:

a/ The project owner;

b/ Scope, boundary and size of land and population in the area under construction planning;

c/ Norms for use of land for housing, trade and services; social infrastructure facilities, greeneries and traffic; norms for use of construction land for the entire area under planning; requirements on organization of space of architecture, landscape and environment; requirements on technical infrastructure and key facilities as a basis for the formulation of detailed construction planning tasks and plans;

d/ Validity duration of the permit.

2. A planning permit for an individual construction project referred to in Clauses 2 and 3, Article 35 of this Decree, includes the following details:

a/ The project owner;

b/ Scope, boundary and area of the land parcel under planning;

c/ Norms for use of land under construction planning including construction height, land-use coefficient and construction density for the land parcel; requirements on architecture of the work and environment; requirements on technical infrastructure and other requirements as a basis for the project owner to formulate the construction investment project;

d/ Validity duration of the permit.

3. The forms of the application and planning permit are provided in the appendices to this Decree.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 36.Transitional provisions

1. The formulation, appraisal and approval of construction plans with the planning tasks approved before the effective date of this Decree shall be carried out under the Government’s Decree No. 08/2005/ND-CP of January 24, 2005, on construction planning.

2. For provincial construction plans with the planning tasks approved before the effective date of this Decree, written agreement from the Ministry of Construction is required before they are approved.

Article 37.Effect

This Decree takes effect on June 30, 2015, and replaces the Government’s Decree No. 08/2005/ND-CP of January 24, 2005, on construction planning.

Article 38.Organization of implementation

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall organize the implementation of this Decree within the ambit of their tasks and powers.

2. The Ministry of Construction shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding, overseeing and inspecting the implementation of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

* All appendices to this Decree are not translated.