How is the issuance of planning licenses in Vietnam?

According to Articles 35 and 36 of Decree No. 37/2010/NĐ-CP of Vietnam’s Government, issuance of planning licenses is specified as follows:

- General provisions on planning licenses:

+ Planning licenses shall be granted to investors meeting all capability conditions for investing in construction projects.

+ Planning license is a legal basis for an investor to formulate urban planning and a construction investment project and carry out construction.

+ Planning license represents regulations of a competent agency to be complied with by investors in the course of formulating urban planning and construction investment projects and implementing the projects.

+ The validity term of a planning license for a project to construct concentrated works is 24 months at most from the date of its grant to the date of approval of the detailed planning.

+ The validity term of a planning license for a project to construct an individual work is 12 months at most from the date of its grant to the date of approval of the investment project.

- 4 cases subject to planning licensing:

+ Investment projects to construct works concentrated in zones within an urban center which have no zoning and detailed planning yet.

+ Investment projects to construct works concentrated in zones within an urban center which have had zoning planning but lack sufficient grounds for formulating detailed planning.

+ Investment projects to construct individual works in zones within an urban center which have no detailed planning or urban architecture yet except houses.

+ Investment projects to construct individual works or works concentrated in zones with approved detailed planning but requiring adjustment of the boundary of or some criteria for use of planned urban land with respect to a land lot.

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

Nguyen Phu

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