Da Nang urban planning: Regulations on investment, finance, budget and management decentralization to be amended from August 15, 2022?
- What are the regulations on urban planning and management of construction investment in Da Nang city according to current regulations?
- What are the amendment of regulations on urban planning and construction investment management in Da Nang city?
- What is the time for amending regulations on urban planning and city construction investment management in Da Nang?
What are the regulations on urban planning and management of construction investment in Da Nang city according to current regulations?
According to Article 9 of Decree 144/2016/ND-CP stipulates as follows:
"Article 9. Urban planning and management of construction investment
1. The City shall preside over the conduct of appraisal of technical designs and construction estimates (applicable to 3-step design), appraisal of construction drawings and construction estimate (applicable to 2-step design) and inspect the acceptance of civil constructions and/or infrastructural works specified in Annex I an Annex II enclosed with this Decree which are constructed in the City’s area (excluding works assigned by the Prime Minister to construction authorities affiliated to the Ministry of Construction and ministries in charge of the specialized constructions; constructions in projects invested by the Ministry of Construction and the specialized ministries; constructions invested by economic corporations and/or state-owned general companies under their own management).
2. Pursuant to the general planning, regional planning and the urban developing area, People’s Committee of the City may transfer the land use right to people to for building housing according to the detailed planning of the approved projects for areas which have been infrastructurally constructed, ensuring the connection with the local infrastructural system and shall annually send report to the Ministry of Construction. For other cases, People’s Committee of the City shall collect suggestions of the Ministry of Construction in writings before making decisions.
3. People’s Committee of the City may grant approval for adjustment of up to 10% of the area of the industrial zones and/or hi-tech zones which must not exceed 30 ha in comparison with the initially approved planning. For parital adjustment of the general planning and/or urban planning, People’s Committee of the City shall grant approval after colecting opinions of the Ministry of Construction and shall report the Prime Minister the results."
Da Nang urban planning: Amending regulations on investment, finance, budget and management decentralization from August 15, 2022?
What are the amendment of regulations on urban planning and construction investment management in Da Nang city?
According to Article 1 of Decree 40/2022/ND-CP stipulating
"Article 1. To amend the name of Article 9 "Urban planning and management of construction investment" to "Urban planning, construction investment management, industrial cluster investment" and add some account:
1. To amend and supplement Clause 2, Article 9 as follows:
“Pursuant to the approved general planning, zoning planning, urban development program, the People's Committee of City shall decide on the urban development area in the city, after having the consensus of the Ministry of Planning and Investment. Formulate and report to the Prime Minister the implementation results.
Pursuant to the general planning, regional planning and the urban developing area, People’s Committee of the City may transfer the land use right to people to for building housing according to the detailed planning of the approved projects for areas which have been infrastructurally constructed, ensuring the connection with the local infrastructural system and shall annually send report to the Ministry of Construction. For other cases, People’s Committee of the City shall collect suggestions of the Ministry of Construction in writings before making decisions.”.
2. To add Clause 4, Article 9 as follows:
“The People's Council of City may consider and decide to invest in an industrial cluster in the area of Da Nang city from the city budget in the event that an investor in the technical infrastructure of the industrial cluster cannot be selected according to regulations. A public service providers that is assigned to act as an investor in the construction and business of technical infrastructure of an industrial cluster may lease land from the State for project implementation, or sub-lease the land after the investment is completed. industrial cluster infrastructure.
Assign the People's Committee of Da Nang city to prescribe the financial mechanism, the authority to determine and decide the rental price and the lessee for public non-business units assigned as construction and business investors. technical infrastructure of industrial clusters”.
3. To add Clause 5, Article 9 as follows:
“For small and frequent changes in the name, location, area (from 5 hectares or less), lines of operation, progress of investment in technical infrastructure and other contents of industrial clusters do not change the objectives, nature, increase the land use area of the industrial cluster development plan in the approved city planning or the land fund for the development of industrial clusters already approved by the competent authorities People's Committee of City reviews, approves and reports the approved contents to the Ministry of Industry and Trade to monitor, supervise, implement and update changes and adjustments in the city planning to report to the Prime Minister at the time of formulation and approval of city planning.”
What is the time for amending regulations on urban planning and city construction investment management in Da Nang?
According to Article 3 of Decree 40/2022/ND-CP stipulating:
"Article 3. Effectivity
1. This Decree takes effect from August 15, 2022.
2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the Chairman of the People's Council and the President of the People's Committee of Da Nang city are responsible for the implementation of this Decree."
Thus, from August 15, 2022, the Government amends a number of regulations on urban planning and construction investment management of Da Nang city, which is currently stipulating Decree 144/2016/ND-CP in the period upcoming segment.
Decree 40/2022/ND-CP takes effect from August 15, 2022.
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