Directive 05/CT-TTg on construction planning, urban development management

DIRECTIVE

On stepping up the reorganization of construction planning and urban development management under approved master plans^[1]

Over recent years, in implementing relevant laws and the Prime Minister’s Directives No. 09/2008/CT-TTg of February 28, 2008, enhancing the formulation and management of urban master plans, and No. 20/CT-TTg of July 27, 2015, enhancing the management of construction planning and investment and land management of coastal projects, and in pursuance to the Construction Law and Law on Urban Planning, ministries, sectors, provincial-level People’s Committees and related agencies have strictly complied with the above documents and implemented numerous practical solutions, creating substantial changes and achieving important results in the formulation and management of urban master plans, thus helping promote urban development and socio-economic development in localities and the whole country.

However, there remained problems and shortcomings in the construction planning and urban development management under approved master plans: The formulation of urban master plans was not synchronous; a number of master plans were of low quality and infeasible. The adjustment of master plans, especially partial adjustment of general master plans and adjustment of detailed plans in major urban centers with high population density, remained arbitrary and tended to increase population, elevation, construction density and land use coefficient, thus leading to urban infrastructure overload. A number of detailed plans of construction investment projects were approved not in conformity with regulations and land use norms determined in construction master plans. Poor control of the management of construction investment for implementation of master plans, with many localities lacking urban development programs and plans, has led to arbitrary development of urban areas, without incorporating urban development with master plans and plans, while resources and conditions for implementing master plans were inadequate. The above problems and shortcomings can be attributed to the following causes: Relevant regulations are incomplete and incomprehensive; a number of regulations which are no longer appropriate have not been revised. The coordination between related agencies, departments and sectors is neither frequent nor close. Medium-term and annual investment plans are not accompanied by planning implementation plans, leading to thinned-out investment. The management, inspection, examination and supervision of construction investment and urban development management in many localities remain loose; and the handling of violations is not strictly enough.

The management and control of the implementation of urban development construction planning and investment constitute an urgent task of the society and Party Committees and local administrations at all levels.

In order to strengthen the reorganization of construction planning and urban development management in accordance with approved master plans, the Prime Minister instructs ministries, sectors and provincial-level People’s Committees to perform the following tasks:

1. The Ministry of Construction

- To promptly formulate the Law on Urban Development Management and Architecture Law as assigned in the law-making program decided by the National Assembly and Government. To propose the amendment and supplementation of a number of articles of the Construction Law, Law on Urban Planning, Law on Real Estate Business, and Housing Law, and relevant decrees and circulars to ensure transparency and uniformity and remove contradictions and overlaps, so as to meet the development requirements of reality and integration requirements and complete them in 2019.

- To review and revise relevant decrees on construction and urban planning in accordance with the Planning Law passed by the XIV^thNational Assembly at its fourth session and competent agencies’ legal documents guiding the Planning Law, and complete them in 2019.

- To amend and supplement the regulations and standards related to urban and housing development to ensure effective use of land in line with development practices, and complete them before 2020.

- To study the renewal of urban planning and urban development management methods in order to increase the quality of construction planning and urban development management, ensuring their scientificity and meeting integration and socio-economic development requirements, and complete them in 2019.

- To organize the revision of the national urban development program for the 2020-2030 period; the formulation of orientations of the overall master plan for development of Vietnam’s urban system by 2035, with a vision toward 2050, and programs and projects on urban upgrading investment, green and smart growth, and response to climate change for the 2020-2025 period and subsequent periods, and submit them to the Prime Minister for approval and use as a basis for effective management of urban resources, toward stable and sustainable urban development.

- To organize the effective implementation of the scheme on Vietnam’s sustainable smart urban development for the 2018-2025 period, with orientations toward 2030, under the Prime Minister’s Decision No. 950/QD-TTg of August 1, 2018.

- To attach importance to formulating guidelines, regulations and standards on green growth urban areas, green construction works, and energy-saving  construction works, and compulsory regulations applicable to construction works using public investment funds, and complete them before 2020.

- To promote rational decentralization and delegation of powers, ensuring state management effectiveness and maximum autonomy for localities; to enhance the state management of urban development investment.

- To laugh in 2019 a national portal on construction and urban master plans.

- To assume the prime responsibility for, and coordinate with related ministries and sectors and localities in, formulating annual plans on examination and inspection of the formulation and management of master plans and management of construction activities; to inspect, review and evaluate the process of urban development investment according to master plans and plans in urban areas with raised grades; to expand administrative scope. To strictly, promptly and thoroughly handle violations.

2. The Ministry of Planning and Investment

To assume the prime responsibility for, and coordinate with related ministries and sectors and localities in, intensifying the examination and inspection of plans, programs and projects and state management tasks on public investment, ensuring the association of medium-term and annual public investment plans with socio-economic development plans, urban master plans and urban development programs and projects approved by competent authorities.

3. The Ministry of Finance

To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, studying and reporting to competent authorities for supplementing and completing regulations related to property tax, financial policies on land use and land use rights transfer, etc., to ensure their feasibility and effective, transparent, stable and permanent use of urban land resources.

4. The Ministry of Natural Resources and Environment

To review and revise the regulations on land use master plans to ensure compliance with the Planning Law. To guide localities in managing and using urban land in conformity with local master plans and plans approved by competent state agencies.

5. Provincial-level People’s Committees

- To formulate, appraise and approve urban master plans, and specialized master plans on urban technical and social infrastructure, and concretize them in zoning master plans, detailed plans and specific investment projects, ensuring their conformity with land use master plans and plans approved by competent state agencies; to manage and use land for urban development in accordance with law. To formulate provincial-level urban development programs, and development programs for each urban center and its development areas and urban development project management units as prescribed by law, and complete them before 2020.

- To balance resources and formulate medium-term and annual public investment plans so as to have sufficient capital for synchronous investment in technical and social infrastructure systems in urban areas, attaching special importance to synchronous investment in the technical infrastructure system upon building urban roads. To ensure the connection of transport and technical infrastructure in each urban center and all urban centers  as well as adjacent areas. To step by step establish a system to monitor and supervise the urban development process according to the set of criteria for green growth urban construction and urban development in response to climate change.

- To increase the control of urban development process in accordance with master plans and plans, particularly for expanded urban areas.

- To review and remove administrative procedures in construction investment and urban development activities in order to eliminate the ask-and-give mechanism.

- To increase the quality of bidding work to select qualified planning consultancy units.

- To strictly implement the bidding of projects and auction of land use rights to implement construction investment projects in accordance with law.

- To strictly abide by law and local regulations on collection of opinions of related people, communities, agencies and organizations upon formulating and adjusting master plans. To enhance the supervision by the people, people-elected bodies, National Assembly deputies’ delegations, National Assembly deputies and deputies to People’s Councils at all levels in urban development and urban construction order management.

- To strengthen the examination and inspection of the formulation and management of master plans and management of construction activities. To strictly, promptly and thoroughly handle violations in localities.

6. Organization of implementation

a/ Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall disseminate, and formulate specific plans to implement, this Directive, and complete them in 2018; and send biannual and annual reports on the implementation of this Directive to the Ministry of Construction for summarization and reporting to the Prime Minister.

b/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, guiding, monitoring, inspecting and reporting on the implementation results of this Directive to the Prime Minister.

The Prime Minister requests ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and administrations at all levels to strictly implement this Directive.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG