How to Pilot the Decentralization of Implementing the Approval of Local Adjustments to the General Planning for the People's Committee of Khanh Hoa Province?
Pilot Decentralization for the Khanh Hoa Provincial People's Committee to Approve Partial Adjustments to the General Plan
According to the provisions in Article 1 of Decision 20/2022/QD-TTg, it is stipulated as follows:
Decentralizing the authority to approve partial adjustments to the general planning of functional areas and urban general planning
1. Pilot decentralization for the Khanh Hoa Provincial People's Committee to approve partial adjustments to the general planning of functional areas and urban general planning (hereinafter referred to as partial adjustments to the general plan) based on the planning project approved by the Prime Minister within the administrative boundaries under their management.
2. When implementing partial adjustments to the general planning of functional areas and urban general planning as part of the pilot decentralization, the Khanh Hoa Provincial People's Committee must ensure compliance with provisions regarding the basis, principles, conditions for partial adjustments, and content of partial adjustments to the general plan as stipulated in the laws on construction planning and urban planning. The adjustments must not alter the nature, function, scale, boundaries, or general development orientation of the functional areas or urban areas; they must also comply with construction planning standards and other related standards.
Thus, according to the regulations, the pilot decentralization grants the Khanh Hoa Provincial People's Committee the authority to approve partial adjustments to the general planning of functional areas and urban general planning (hereinafter referred to as partial adjustments to the general plan) based on the planning project approved by the Prime Minister within the administrative boundaries under their management.
Pilot Decentralization for the Khanh Hoa Provincial People's Committee to Approve Partial Adjustments to the General Plan? (Image from the Internet)
What is the approval time for partial adjustments to the general plan?
According to Clause 1, Article 6 of Decision 20/2022/QD-TTg which stipulates the approval for partial adjustments to the general plan as follows:
Approval for Partial Adjustments to the General Plan
1. The Khanh Hoa Provincial People's Committee approves partial adjustments to the general plan. Before approval, written consensus from the Ministry of Construction is required.
a) The consensus of the Ministry of Construction includes: Basis, conditions, and content of partial adjustments to the general plan, and compliance with construction planning standards and other related standards.
b) The dossier for obtaining consensus from the Ministry of Construction includes: A document from the Khanh Hoa Provincial People's Committee to the Ministry of Construction; the dossier as prescribed in Clause 4, Article 5 of this Decision, and the appraisal report from the agency responsible for adjusting the general plan (Department of Construction).
c) The dossier for obtaining consensus from the Ministry of Construction can be submitted in one of the following forms: Direct submission at the Ministry of Construction, via postal service, or through the electronic document system.
d) The time for the Ministry of Construction to provide feedback is no more than 15 days from the date of receiving a complete and valid dossier. If the time limit is exceeded without feedback from the Ministry of Construction, the Khanh Hoa Provincial People's Committee will decide on the approval according to the decentralized authority granted under the pilot scheme.
2. In the event of differing opinions between the Khanh Hoa Provincial People's Committee and the Ministry of Construction regarding the content of partial adjustments to the general plan, the Khanh Hoa Provincial People's Committee shall comply with the opinion of the Ministry of Construction.
3. The decision to approve partial adjustments to the general plan must include all content and adjustments to the general plan according to the principle of focusing on the necessary adjustments, while the unadjusted content of the approved general plan remains legally valid.
4. The time for approving partial adjustments to the general plan is no more than 15 days from the date of receiving a complete and valid dossier (excluding the time for obtaining feedback from the Ministry of Construction).
5. Approved drawings and related dossiers for partial adjustments to the general plan and the updated planning dossiers must be stamped and verified by the Department of Construction as a basis for management and implementation. One complete dossier set must be sent to the Ministry of Construction for archival and monitoring.
Thus, according to the regulations, the time for approving partial adjustments to the general plan is no more than 15 days from the date of receiving a complete and valid dossier (excluding the time for obtaining feedback from the Ministry of Construction).
What contents are included in the original dossier for appraisal of partial adjustments to the general plan?
According to Clause 4, Article 5 of Decision 20/2022/QD-TTg stipulating the appraisal of partial adjustments to the general plan as follows:
Appraisal of Partial Adjustments to the General Plan
...
4. The original dossier for appraisal includes the following:
a) A report by the organizing agency on partial adjustments to the general plan following the contents stipulated in Clause 3, Article 3 of this Decision, legal documents and related materials, and an explanatory document on the opinions of agencies, organizations, and communities on the contents of the planning adjustments.
b) Drawings showing the content of partial adjustments to the general plan, identifying planning criteria achieved after the adjustments, with references and comparisons to the approved planning criteria.
c) Draft Decision of the Khanh Hoa Provincial People's Committee approving the partial adjustments to the general plan.
Thus, the original dossier for appraisal includes:
- A report by the organizing agency on partial adjustments to the general plan following the stipulated contents in Clause 3, Article 3 of this Decision, legal documents and related materials, and an explanatory document on the opinions of agencies, organizations, and communities on the content of the planning adjustments.- Drawings showing the content of partial adjustments to the general plan, identifying planning criteria achieved after the adjustments, with references and comparisons to the approved planning criteria.- Draft Decision of the Khanh Hoa Provincial People's Committee approving the partial adjustments to the general plan.
LawNet
