For inter-district/district construction planning, is it required to include inter-district and district spatial development orientations in an inter-district/district construction planning project?

As far as I know, according to the current law, the construction planning includes planning activities for inter-district and district areas. So can you tell me principles and tasks of inter-district/district construction planning? Is it required to include inter-district and district spatial development orientations in an inter-district/district construction planning project?

What are the principles of inter-district/district construction planning?

Pursuant to Article 6 of Decree 44/2015/ND-CP of Vietnam, amended by Clause 9, Point a Clause 10 Article 1 of Decree 72/2019/ND-CP of Vietnam, the principles of inter-district/district construction planning are stipulated as follows:

“Inter-district areas in a province, district areas shall be put into inter-district/district construction planning under the decision by People’s committees of provinces on the basis of the Services of Construction’s proposals (Hanoi City and Ho Chi Minh City departments of Planning and Architecture) meeting requirements for management, and as foundations for planning special purpose zones, general planning for communes and district-affiliated urban.”

For inter-district/district construction planning, is it required to include inter-district and district spatial development orientations in an inter-district/district construction planning project?

Inter-district/district construction planning

What are the regulations on tasks of inter-district/district construction planning?

Pursuant to Article 7 of Decree 44/2015/ND-CP of Vietnam, amended by Point a Clause 10 Article 1 of Decree 72/2019/ND-CP of Vietnam, tasks of inter-district/district construction planning are specified as follows:

(1) Requirements for tasks of inter-district/district construction planning:

a) Arguments for determination of inter-district/district borderlines; planning targets and planning; As for inter-provincial, inter-district areas, special purpose zones, areas along highways, inter-provincial economic corridors, planning must be based on arguments and grounds for inter-district/district borderlines to take shape.

b) Summary of areas under construction planning and development forecasts made by relevant industries;

c) Preliminary forecasts about size of population, land, urbanization, potentialities and driving force in ten-year, 20-year periods; proposals for economic-technical criteria to be applied;

d) Requirements for collection of figures, analysis and assessment of natural conditions and current conditions; vision for development of space, inter-district/district social and technical infrastructure system; strategic environment assessment; inter-district/district planning management; programs and projects of priority;

As for special purpose zones, areas along highways, inter-provincial economic corridors, requirements consistent with professional orientation and development goals must be determined.

dd) Lists, quantity of documentation, products, progress and implementation;

e) Other requirements relating to characteristics of each area

g) Total cost estimates for formulation of inter-district/district construction planning

(2) Time for the formulation of construction planning for inter-provincial, provincial areas is from three months and under, and for other areas is from two months and under.

Is it required to include inter-district and district spatial development orientations in an inter-district/district construction planning project?

Inter-district/district construction planning project is stipulated in Article 8 of Decree 44/2015/ND-CP of Vietnam, amended by Point a Clause 10 Article 1, Point a, Point b Clause 3 Article 1 of Decree 72/2019/ND-CP of Vietnam:

(1) Inter-district/district construction planning project must ensure to meet approved planning tasks and specific requirements as follows:

a) Analyze and assess natural conditions, current socio-economic conditions, urban system and rural residential quarters, use of land, social, technical and environmental infrastructure system, and other elements of inter-district/district characteristics;

b) Conduct assessment and checks on the implementation of unexpired planning;

c) Determine development goals, speed of urbanization, nature, potentialities and driving force of inter-district/district development;

d) Make forecasts about development of economy, population, labor, demands for land, rate of urbanization in ten-year, 20-year periods; determine technical criteria on the basis of development goals;

dd) Inter-district and district spatial development orientations:

- Propose and select regional spatial development model;

- Carry out zoning for the purpose of development control and management;

- Allocate and determine size of development spaces: industry, agriculture, forestry, tourism, commerce and services, and conservation; determine size and purpose of functional zones;

- Determine urban and rural system structure and development models as appropriate to socio-economic and cultural characteristics; decentralize and classify cities by territorial space and administrative management; determine size of population and land for urban construction;

- Allocate and determine size of social infrastructure systems, including educational, training, cultural, medical and sports centers of large size and regional significance; regional commercial and service centers; tourism and recreational areas and valuable cultural and historical remains;

- Allocate and determine size of conservation areas and protected landscape areas in the region.

e) Inter-district and district technical infrastructure system orientations:

Determine network, position and size of focal points of inter-district and district technical infrastructure, including technical preparation, traffic, power system, energy supply, water supply, drainage and wastewater treatment, solid waste management, cemeteries and passive telecoms infrastructure.

g) Strategic environment assessment

- Environmental issues of major impacts;

- Current conditions of large sources of pollution, areas of environmental degradation and areas of landscape ecosystem; Determine environmental protection at inter-district/district level;

- Forecasts about environmental trends resulting from formulation and implementation of planning;

- Measures to prevent and minimize environmental issues;

2. Time for the formulation of planning for inter-provincial areas, provincial areas, other areas is from 18, 15, 12 months and under respectively.

Thus, inter-district and district spatial development orientations is one of the must-have contents in inter-district/district construction planning project.

Thư Viện Pháp Luật

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