File, Content of Local Adjustment to the General Planning in Khanh Hoa Province Needs to Comply with Which Regulations? What are the Procedures and Approval Processes?
Which regulations must be followed for the preparation and content of a partial adjustment of the general planning?
Based on the provisions of Article 3 Decision 20/2022/QD-TTg, the preparation of a dossier for partial adjustment of the general planning is regulated as follows:
Preparation of the dossier for partial adjustment of the general planning
1. The dossier and content of the partial adjustment of the general planning must comply with the Construction Law, the Urban Planning Law, current Decrees, and Circulars that provide guidance and regulations.
2. The dossier components include a report on the content and plan of the partial adjustment of the general planning, drawings, legal documents, related materials, and a draft Decision for approval of the partial adjustment of the general planning.
3. The report on the content and plan of the partial adjustment of the general planning must clearly state:
a) The reasons, necessity, and causes leading to the need for adjustment of the general planning (functional area, urban area) and can only be adjusted under the circumstances specified in Clause 10, Article 28, Law No. 35/2018/QH14 (for partial adjustment of the general construction planning for functional areas), Clause 8, Article 29, Law No. 35/2018/QH14 (for partial adjustment of the general urban planning).
b) Define the scope, level, and content of the adjustment, planning criteria regarding: land use; spatial organization, architecture, landscape; the network of technical infrastructure works and social infrastructure works based on: analysis, assessment of current status, results of implementing the existing planning; development requirements; renovation and embellishment requirements of the area proposed for adjustment.
c) Analyze and evaluate the proposed content for partial adjustment to ensure: it does not change the nature, function, scale, boundary, overall development orientation of the functional area or urban area; it does not overload the technical and social infrastructure of the area proposed for planning adjustment; continuity and synchronization of the existing general planning.
d) Analyze and evaluate the socio-economic effectiveness of the partial adjustment; propose measures to overcome new issues arising due to the partial adjustment of the planning; plan the roadmap and implementation schedule according to the partial adjustment of the general planning after being approved by the People’s Committee of Khanh Hoa province.
Thus, the dossier and content of the partial adjustment of the general planning comply with the Construction Law, the Urban Planning Law, and the current Decrees and Circulars providing guidance and regulations.
Which regulations must be followed for the preparation and content of a partial adjustment of the general planning in Khanh Hoa province? What are the procedures for approval? (Image from the Internet)
What are the regulations on the procedures for approving a partial adjustment of the general planning in Khanh Hoa province?
According to Article 2 Decision 20/2022/QD-TTg, the procedures for approving a partial adjustment of the general planning are regulated as follows:
Procedures for approving a partial adjustment of the general planning
According to the pilot decentralization regulation at Article 1 of this Decision, and the provisions at Clauses 12, Article 28, and Clause 10, Article 29 of the law amending and supplementing several laws related to planning in 2018 (Law No. 35/2018/QH14), the People’s Committee of Khanh Hoa province directs the implementation of the following steps:
1. Prepare a report on the content and plan for partial adjustment of the general planning.
2. Organize the collection of comments on the content of the partial adjustment of the general planning.
3. Organize the appraisal of the partial adjustment of the general planning.
4. Approve the partial adjustment of the general planning after receiving written consent from the Ministry of Construction.
5. Update and publish the content of the partial adjustment of the general planning as regulated.
6. Report the results of implementing the partial adjustment of the general planning by sending the Decision on approving the partial adjustment of the general planning to report to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.
Therefore, the procedures for approving a partial adjustment of the general planning in Khanh Hoa province are regulated as above.
How is the collection of community opinions conducted?
According to Clause 3, Article 4 Decision 20/2022/QD-TTg, the collection of comments on the content of the partial adjustment of the general planning is regulated as follows:
Collection of comments on the content of the partial adjustment of the general planning
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3. Form and duration of comment collection:
a) The collection of comments from related agencies and organizations (if any) is conducted through various methods: sending dossiers and documents directly or by post, or organizing conferences and seminars. Agencies and organizations receiving comment requests are responsible for replying in writing or providing direct feedback.
b) The collection of community opinions is conducted by collecting opinions from community representatives through questionnaires and interviews. Community representatives are responsible for compiling the community's opinions as regulated by the law on grassroots democracy implementation.
c) The duration for collecting comments from agencies, organizations, individuals, and the community on the content of the partial adjustment of the general construction planning for functional areas is as prescribed in Clause 4, Article 17, Construction Law 2014; partial adjustment of the general urban planning as stipulated in Clause 4, Article 21, Urban Planning Law 2009.
Thus, according to the regulations, the collection of community opinions is conducted by collecting opinions from community representatives through questionnaires and interviews. Community representatives are responsible for compiling the community's opinions as regulated by the law on grassroots democracy implementation.
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