DECISION

PRESCRIBING PILOT DECENTRALIZATION OF AUTHORITY TO APPROVE AND PROCEDURES FOR APPROVING LOCAL ADJUSTMENTS TO GENERAL PLANNING FOR CONSTRUCTION OF DEDICATED AREAS AND LOCAL ADJUSTMENTS TO GENERAL PLANNING FOR URBAN AREAS IN HAI PHONG CITY, CAN THO CITY, NGHE AN PROVINCE AND THANH HOA PROVINCE

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

Pursuant to the Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Planning dated November 24, 2017;

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Pursuant to the National Assembly’s Resolution No. 35/2021/QH15 dated November 13, 2021 on pilot implementation of certain special policies for development of Hai Phong City;

Pursuant to the National Assembly’s Resolution No. 36/2021/QH15 dated November 13, 2021 on pilot implementation of certain special policies for development of Nghe An province;

Pursuant to the National Assembly’s Resolution No. 37/2021/QH15 dated November 13, 2021 on pilot implementation of certain special policies for development of Thanh Hoa province;

Pursuant to the National Assembly’s Resolution No. 45/2022/QH15 dated January 11, 2022 on pilot implementation of certain special policies for development of Can Tho City;

At the request of the Minister of Construction;

The Prime Minister hereby promulgates a Decision prescribing pilot decentralization of authority to approve and procedures for approving local adjustments to general planning for construction of dedicated areas and local adjustments to general planning for urban areas in Hai Phong City, Can Tho City, Nghe An province and Thanh Hoa province.

Article 1. Decentralization of authority to approve local adjustments to general planning for construction of dedicated areas and local adjustments to general planning for urban areas

1. Decentralization of authority to approve and procedures for approving local adjustments to general planning for construction of dedicated areas and local adjustments to general planning for urban areas (hereinafter referred to as “local adjustments to general planning”) to the People’s Committee of Hai Phong City, People’s Committee of Can Tho City, People's Committee of Nghe An province, People's Committee of Thanh Hoa province (hereinafter referred to as “provincial People's Committee”) according to the planning scheme approved by the Prime Minister is piloted within the administrative divisions under their management.

2. When making any local adjustment to the general planning for dedicated area construction and general planning for urban area construction, local governments shall comply with regulations on bases, rules and conditions for making local adjustments, local adjustments prescribed by the law on construction and urban planning; the adjustments shall not change the nature, functions, scale, boundaries and general orientations for development of dedicated areas and urban areas; regulations on construction planning and other relevant regulations shall be complied with.

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According to the regulations on pilot decentralization specified in Article 1 of this Decision, regulations specified in Article 39 of the Law on Construction and Article 51 of the Law on Urban Planning, the People’s Committee of Hai Phong City, People’s Committee of Can Tho City, People's Committee of Nghe An province and People's Committee of Thanh Hoa province shall provide directions for performing the following tasks:

1. Prepare a report on local adjustments and plan to make local adjustments to general planning.

2. Organize collection of comments about local adjustments to general planning.

3. Organize appraisal of local adjustments to general planning.

4. Approve local adjustments to general planning after obtaining a written consent from the Ministry of Construction.

5. Update and publish local adjustments to general planning as prescribed.

6. Report local adjustments to general planning by sending a decision on approval of local adjustments to general planning to the Prime Minister, Ministry of Construction and People's Council at the same level.

Article 3. Preparing dossier on local adjustments to general planning

1. Dossiers and contents of report on local adjustments and plan to make local adjustments to general planning shall comply with the Law on Construction, Law on Urban Planning, Decrees and Circulars on guidelines for implementation.

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3. The report on local adjustments and plan to make local adjustments to general planning shall clearly specify:

a) Reasons, necessity and causes for adjustment to general planning (dedicated areas and urban areas) and adjustment in any of the cases specified in clause 2 Article 35 of the Law on Construction 2014 amended by clause 10 Article 28 of the Law No. 35/2018/QH14 (for local adjustments to general planning for dedicated area construction), Article 47 of the Law on urban Planning 2009 amended by clause 8 Article 29 of the Law No. 35/2018/QH14 (for local adjustments to general planning).

b) Determining scope and degree of adjustment and adjustments, planning targets: land use; spatial organization of space, architecture, landscape; network of technical and social infrastructure by analyzing and assessing status, results of planning implementation; development requirements; requirements for renovation and embellishment of the area to be adjusted.

c) Analyzing and assessing contents to be locally adjusted in a manner that does not change the nature, functions, scale, boundaries and general orientations of dedicated areas and urban areas; does not exceed capacity of technical and social infrastructure of the area to be adjusted; continuity and consistency of the current general planning.

d) Analyzing and assessing socio-economic effects of local adjustments; proposed measures for handling issues that arise from local adjustments to planning; roadmap and schedule for implementing the locally adjusted general planning after obtaining approval from the provincial People’s Committee.

Article 4. Seeking opinions about local adjustments to general planning

1. Seek comments of the local community in the area expected to be locally adjusted and surrounding areas directly affected by adjustments to general planning; seek comments of authorities and organizations related to local adjustments to general planning (if necessary).

2. Comments of representative of the local community and relevant authorities and organizations (if any) shall be consolidated and responded to in writing. Comments shall be analyzed and fully responded to so as to form a basis for adjusting the planning scheme in such a way that ensures conformity, feasibility and harmony between interests of the state and community. A written response to comments constitutes part of the application for appraisal and approval of local adjustments to general planning.

3. Method and time of seeking opinions:

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c) Comments of the public community shall be collected by collecting opinions of the public community through questionnaires. Representative of the local community shall consolidate comments of the local community in accordance with regulations of law on application of internal democracy.

c) Time of collecting comments of authorities, organizations and local community about local adjustments to general dedicated area construction planning shall comply with clause 4 Article 17 of the Law on Construction 2014; time of making local adjustments to general urban planning prescribed in clause 4 Article 21 of the Law on Urban Planning 2009.

Article 5. Appraisal of local adjustments to general planning

1. The authority managing construction planning and urban planning affiliated to the provincial People's Committee (Department of Construction) is the authority appraising local adjustments to general planning.

2. The appraisal shall focus on:

a) Compliance with requirements concerning bases and conditions for making local adjustments to general planning in accordance with regulations of law on construction planning and urban planning, ensuring legality and feasibility; conformity with applicable regulations on urban planning and other relevant regulations.

b) The authority managing construction planning and urban planning affiliated to the provincial People's Committee shall submit a consolidated report on appraisal results to the provincial People’s Committee for consideration and approval; be responsible to the law and provincial People's Committee for the results of its appraisal of local adjustments to general planning.

3. Time limit for appraisal shall not exceed 20 days from the receipt of the valid application as prescribed.

4. An application for appraisal (original) consists of:

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b) Drawings presenting local adjustments to general planning, planning targets achieved after making local adjustments to general planning; reference to and comparison with the approved planning targets.

c) A Provincial People’s Committee’s draft decision on approval for local adjustments to general planning.

Article 6. Approval for local adjustments to general planning

1. The provincial People’s Committee shall approve local adjustments to general planning. Before granting approval, it is required to obtain a written consent from the Ministry of Construction.

a) The written consent of the Ministry of Construction consists of bases and conditions for making local adjustments to general planning and conformity with construction planning and other relevant regulations.

b) The enquiry includes a document submitted by the provincial People’s Committee to the Ministry of Construction; application specified in clause 4 Article 5 of this Decision and report on appraisal results of the authority appraising general planning (Department of Construction).

c) The enquiry of the Ministry of Construction shall be sent directly at the Ministry of Construction, by post or electronic means.

d) The time limit within which the Ministry of Construction gives its comments shall not exceed 15 days from the receipt of the valid application as prescribed. If the time limit expires but the Ministry of Construction fails to give any comments, the provincial People’s Committee shall decide to grant approval under its decentralized authority.

2. If there is discrepancy between the provincial People’s Committee and Ministry of Construction in terms of local adjustments to general planning, the latter’s comments shall prevail.

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4. The time limit for approving local adjustments to planning shall not exceed 15 days from the receipt of the valid application as prescribed (excluding the time limit within which comments of the Ministry of Construction are collected).

5. Drawings and documents relating to approved local adjustments to general planning and updated planning documentation must be certified by the Department of Construction and form a basis for management and implementation. 01 sufficient documentation shall be submitted to the Ministry of Construction for archiving and monitoring purposes.

Article 7. Updating and publishing local adjustments to general planning

1. Approved local adjustments to general planning shall be updated to the promulgated general planning documentation including drawings and management regulations according to the approved general planning so as to ensure the consistency.

2. The published information include all local adjustments to general planning, except for information relating to national defense, security and state secret.

3. Within 15 days from the date on which local adjustments to general planning are approved, such local adjustments shall be published on the website http://quyhoach.xaydung.gov.vn by adopting the methods prescribed in the Law on Construction and Law on Urban Planning.

Article 8. Implementation clause

1. This Decision comes into force from the day on which it is signed for promulgation and shall cease to have effect from the expiry dates of the Resolutions No. 35/2021/QH15, No. 36/2021/QH15, 37/2021/QH15 and No. 45/2022/QH15.

2. The Ministry of Construction shall take charge and cooperate with the People’s Committee of Hai Phong City, People’s Committee of Can Tho City, People's Committee of Nghe An province and People's Committee of Thanh Hoa province in reviewing and consolidating results of pilot decentralization of authority to approve and procedures for approving local adjustments to general planning for construction of dedicated areas and local adjustments to general planning for urban areas in Hai Phong City, Can Tho City, Nghe An province and Thanh Hoa province and submit a report thereon to the National Assembly as prescribed.

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PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER




Le Van Thanh