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

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	44/2015/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Updating
Issuing date:	06/05/2015	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Construction

SUMMARY

Condominium building projects under 2 ha shall be formulated without formulation of detailed construction planning

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

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.

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

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

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Effect status: Known

THE GOVERNMENT

No. 44/2015/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, May 6, 2015

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.

[1] Công Báo Nos 559-560 (22/5/2015)

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

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