Guiding the procedures and dossiers of application for planning licenses in Vietnam

Recently, the Government of Vietnam has issued Decree No. 37/2010/NĐ-CP on the formulation, evaluation, approval and management of urban planning, which specifies contents of a planning license.

Hồ sơ cấp giấy phép quy hoạch, Nghị định 37/2010/NĐ-CP

These contents are specified in Articles 37 and 38 of Decree No. 37/2010/NĐ-CP of Vietnam’s Government as follows:

- Compositions: A dossier of application for a planning license comprises:

+ An application for a planning license;

+ A plan of the location of the site for which a planning a license is applied;

+ Projected scope and boundary of the land lot and criteria for use of planned urban land;

+ Projected investment contents, size of the project and total investment amount;

+ Report on the legal entity and financial capacity for implementing the project.

- Procedures:

+ On the basis of planning information, an investor shall compile a dossier of application for a planning license for constructing concentrated works and send it to an agency competent to grant planning licenses.

+ On the basis of urban development control and management requirements, regulations on management according to urban planning and regulations on the management of urban planning and architecture, and proposals of investors, planning management agencies at all levels shall consider dossiers, consult concerned agencies on contents of planning licenses and report them to agencies competent to grant planning licenses. The lime limit for evaluating dossiers and consultation must not exceed 30 days from the time of receipt of complete and valid dossiers.

+ Competent agencies shall consider and grant planning licenses within 15 days after receiving dossiers of evaluation for the grant of planning licenses from planning management agencies at all levels.

+ For construction investment projects, in the course of evaluating dossiers of application for planning licenses, planning management agencies at all levels shall organize collections of opinions of representatives of concerned population communities on licensing contents. These representatives shall summarize opinions of population communities in accordance with the law on the exercise of democracy at the grassroots level.

View details at Decree No. 37/2010/NĐ-CP of Vietnam’s Government, effective from May 25, 2010.

Nguyen Phu

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