Decree No. 72/2019/ND-CP amending the Decree No. 37/2010/ND-CP

DECREE

Amending and supplementing a number of articles of Decree No. 37/2010/ND-CP of April 7, 2010, on the formulation, appraisal, approval and management of master plans on urban centers, and Decree No. 44/2015/ND-CP of May 6, 2015, detailing a number of provisions on construction master plans^[1]

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

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

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 24, 2017 Planning Law;

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

At the proposal of the Minister of Construction;

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 37/2010/ND-CP of April 7, 2010, on the formulation, appraisal, approval and management of master plans on urban centers, and Decree No. 44/2015/ND-CP of May 6, 2015, detailing a number of provisions on construction master plans.

Article 1. To amend and supplement a number of articles of Decree No. 37/2010/ND-CP of April 7, 2010, on the formulation, appraisal, approval and management of master plans on urban centers

1. To amend and supplement Article 1 as follows:

“This Decree provides the formulation, appraisal and approval of master plans on urban centers; the management of construction according to master plans on urban centers; and the selection of urban planning consultancy organizations.”

2. To amend and supplement Chapter II as follows:

a/ To amend and supplement the title of Chapter II as follows:

“SELECTION OF URBAN PLANNING CONSULTANCY ORGANIZATIONS”

b/ To amend and supplement Clause 1, Article 12 as follows:

“1. The selection of urban planning consultancy organizations must comply with the bidding law.”

c/ To amend and supplement Clause 2, Article 13 as follows:

“2. Urban planning consultancy organizations taking part in a contest must satisfy capacity conditions under current regulations.”

3. To amend and supplement Article 14 as follows:

a/ To amend and supplement Clause 1 as follows:

 “1. General master plans shall be formulated for centrally run cities, provincial cities, towns, townships and new urban centers in line with national-level, regional and provincial master plans.”

b/ To add the following Clause 5:

“5. When necessary to adjust land boundaries or certain land use norms for implementation of investment projects to construct concentrated works or individual works in an area for which a detailed master plan on urban centers has been approved, a state agency competent to approve detailed master plans shall, based on the contents of the approved master plan, national technical regulation on construction master plans, technical and social infrastructure of the urban center or region, and regulations on architecture management, decide on the partial adjustment of the detailed master plan on the urban center. Such partial adjustment shall be made in accordance with law.”

4. To annul Section 1 and the title of Section II of Chapter II, Clause 3 of Article 12, Chapter IV, and the Appendices to this Decree.

Article 2. To amend and supplement a number of articles of Decree No. 44/2015/ND-CP of May 6, 2015, detailing a number of provisions on construction master plans

1. To amend and supplement Clause 1, Article 1 as follows:

 “1. This Decree details a number of provisions of the 2014 Construction Law, including formulation, appraisal and approval of construction master plans; and management of implementation of construction master plans.”

2. To amend Article 7 as follows:

a/ To amend and supplement  Points a and d, Clause 1 as follows:

“a/ Grounds for determination of the regional boundary; planning objectives and period.

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 inter-district or district areas; strategic environmental assessment, management of construction master plans of inter-district or district areas; and proposal of priority programs and projects.”

b/ To amend Clause 2 as follows:

“2. The time limit for the formulation of the tasks of construction master plans of inter-district areas and district areas is 2 months.”

3. To amend and supplement Article 8 as follows:

a/ To amend and supplement  Points dd and e, Clause 1 as follows:

“dd/ Space development orientations for inter-district areas and district areas:

- Proposal or selection of the regional space development model;

- Determination of sub-areas for development control and management;

- Distribution and determination of sizes of development space areas for industry, agriculture, forestry, tourism, trade and services, and conservation; determination of sizes and characteristics of functional zones;

- Determination of development models, structures of urban systems and rural areas suitable to economic, cultural and social characteristics; grading and classification of urban centers by territorial space and administrative management; determination of the size of population and land areas for urban construction;

- Distribution and determination of sizes of social infrastructure facilities, including education, training, cultural, medical, and physical training and sports centers of a large size and regional significance; regional-level trade and service centers; tourist areas, entertainment centers, resorts and valuable cultural-historical relics;

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

e/ Orientations of the technical infrastructure system of inter-district areas and district areas:

Determination of the network, locations and sizes of key technical infrastructure facilities of inter-district or district areas, including technical preparations, transport, power, energy supply, water supply and drainage and wastewater treatment, solid waste management, cemeteries and passive telecommunications infrastructure.”

b/ To amend and supplement Clause 2 as follows:

“2. The time limit for the formulation of plans for inter-district areas and district areas is 12 months.”

4. To amend and supplement Article 10 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. For functional zones of over 500 ha each, general construction master plans shall be formulated in conformity with the provincial master plans, construction master plans of inter-district areas and district areas, or master plans on urban centers. The approved general master plans on construction of functional zones shall be used as a basis for the formulation of master plans on construction zoning and detailed construction master plans.

For functional zones of over 500 ha each, master plans on construction zoning may be formulated as a basis for the formulation of detailed construction master plans and determination of construction investment projects if such zones are included in the approved general master plans on urban centers.”

b/ To add the following Clause 6:

“6. When necessary to adjust land boundaries or certain land use norms for implementation of investment projects to construct concentrated works or individual works in an area for which a detailed construction master plan has been approved, a state agency competent to approve detailed master plans shall, based on the contents of the approved master plan, national technical regulation on construction master plans, technical and social infrastructure of the region, and regulations on architecture management, decide on the partial adjustment of the detailed construction master plan. Such partial adjustment shall be made in accordance with law.”

5. To amend Point b, Clause 1, Article 12 as follows:

 “b/ Assessment of the implementation of master plans in effect and completed projects; determination and clarification of orientations in relevant regional master plans, provincial master plans and general master plans on urban centers.”

6. To amend and supplement Clause 16 as follows:

“Article 16. Principles of formulation of master plans on rural areas

1. General construction master plans shall be formulated for communes in order to concretize provincial master plans, master plans on construction of inter-district areas and district areas, or general master plans of cities and towns for use as a basis for the formulation of detailed master plans on construction of rural residential quarters and construction investment projects.

2. Detailed construction master plans of rural residential quarters shall be formulated in order to concretize general master plans on construction of communes for use as a basis for the formulation of construction investment projects and grant of construction permits.”

7. To amend and supplement Article 21 as follows:

“Article 21. Collection of opinions on master plans on construction of inter-district areas and district areas

Agencies organizing the formulation of construction master plans 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 inter-district areas and district areas.”

8. To amend and supplement Clause 1, Article 26 as follows:

1. For master plans on construction of inter-district areas and district areas, the time limit for appraisal or approval of the planning tasks is 20 days or 15 days, respectively; and the time limit for appraisal or approval of the plans is 25 days or 20 days, respectively, counting from the date of receipt of complete and valid dossiers as prescribed.”

9. To annul Clauses 1, 2 and 4 of Article 6, Clause 2 of Article 28, Article 30, Chapter IV, and the Appendix to this Decree.

10. To replace the following phrases:

a/ To replace the phrase “regional construction master plans” with the phrase “master plans on construction of inter-district areas and district areas” at Point a, Clause 1 of Article 4, and in the title of Section 1 of Chapter II, and Articles 6, 7, 8, 9 and 11.

 b/ To replace the phrase “special functional zone” with the phrase “functional zone” in Article 4, the title of Section 2 of Chapter II, and Articles 10, 11, 12, 13, 14, 15, 22, 25 and 26.

c/ To replace the phrase “master plans on construction of rural areas” with the phrase “mater plans on rural areas” in the title of Section 3 of Chapter II, and Articles 17, 20, 23 and 26.

Article 3. Effect

This Decree takes effect on August 30, 2019.

Article 4. Transitional provisions

Planning permits granted to project owners before the effective date of this Decree remain valid until their expiry dates.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC