Decree No. 72/2019/NĐ-CP: Amending principles of formulating urban planning in Vietnam

Recently, the Government of Vietnam has issued Decree No. 72/2019/NĐ-CP amending a number of Articles of Decree No. 37/2010/NĐ-CP on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP providing detailed regulations on construction planning.

According to Clause 1 Article 14 of Decree No. 37/2010/NĐ-CP on principles of formulating urban planning amended by Clause 3 Article 1 of Decree No. 72/2019/NĐ-CP of Vietnam’s Government: “General planning shall be formulated for central-affiliated cities, districts and new cities in line with national planning, regional planning and provincial planning.”

nguyen tac lap quy hoach do thi, Nghi dinh 72/2019/NĐ-CP

Moreover, Decree No. 72/2019/NĐ-CP also supplements principles of adjusting the boundary of planning, specifically as follows: In case a boundary or some land use targets need(s) to be revised to execute a centralized or separate construction project within the area already mentioned in the approved detailed planning, the authority with competence in approving the detailed planning shall decide to partially revise the planning based on contents of the approved planning, national technical regulations on construction planning, conditions of technical and social infrastructure of the urban area or area and architecture management regulation. The planning shall be partially revised in accordance with regulations of laws.

Besides, formulating urban planning shall also comply other principles specified in Decree No. 37/2010/NĐ-CP of Vietnam’s Government as follows:

- Zoning planning shall be formulated for zones within cities and towns in order to concretize general planning, serving as a basis for determining construction investment projects and formulating detailed planning.

- Detailed planning shall be formulated for zones within cities, towns and townships when making construction investment in order to concretize general planning and zoning planning, serving as a basis for elaborating construction investment projects and licensing construction.

- For a construction work built by a single investor on an area smaller than 5 hectares (or smaller than 2 hectares for investment projects to build apartments), a construction investment project may be elaborated without a detailed planning. General plan drawings, work architectural plans and technical infrastructure solutions in the concept design must comply with the zoning planning, ensure technical infrastructure connectivity and suit the architectural space of surrounding zones.

View more details at Decree No. 72/2019/NĐ-CP of Vietnam’s Government, effective from August 30, 2019.

Thu Ba

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