Regulations on principles of formulating urban planning from June 20, 2023 in Vietnam

Regulations on principles of formulating urban planning from June 20, 2023 in Vietnam (Internet image)

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Regulations on principles of formulating urban planning from June 20, 2023 in Vietnam

Pursuant to Point a, Clause 3, Article 1 of Decree 72/2019/ND-CP, Clause 2, Article 14 of Decree 37/2010/ND-CP, and Article 1 of Decree 35/2023/ND-CP on principles of formulating urban planning in Vietnam are as follows:

- General planning shall be formulated for central-affiliated cities, districts and new cities in line with national planning, regional planning and provincial planning.

- 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.

- For areas within the scope of urban development that are subject to detailed planning when implementing construction investment according to the provisions of the Law on Urban Planning, a detailed plan must be made to concretize the general planning, zoning planning (for cases where it is required to make subdivision planning), serving as a basis for formulating construction investment projects, granting construction permits, and performing other jobs in accordance with relevant laws. For small-scale land plots specified in Clause 4 of this Article, detailed planning shall be made according to a shortened process (referred to as the general ground planning process) according to regulations from Clause 4a to Clause 4d, Article 1 of Decree 35/2023/ND-CP.

- Small-sized land lots must meet the following conditions:

+ The land plot is made by an investor or organized by a competent state agency;

+ Having a land use scale of less than 2 hectares for investment projects to build apartment buildings or apartment complexes or having a land use scale of less than 10 hectares for investment projects on the construction of factories, enterprises, industrial production establishments, or technical infrastructure works (except for technical infrastructure works along lines) is determined according to the general urban planning, provincial planning, or planning of a technical and specialized nature that has been approved, or having a land use scale of less than 5 hectares for the remaining cases;

+ In an area where there is an approved zoning plan or an approved general plan for areas that do not require zoning planning.

- The formulation, appraisal, and approval of the master plan, except in the cases specified in Clause 4b, Article 14 of Decree 37/2010/ND-CP, which is supplemented by Article 1 of Decree 35/2023/ND-CP, are specified as follows:

+ The criteria of land use planning and requirements on spatial organization, architecture, and landscape of the area are determined in the approved subdivision planning project or approved general planning for areas that do not require zoning planning, specialized requirements in provincial planning; planning of technical or specialized nature for investment projects on the construction of factories, enterprises, industrial production establishments, and technical infrastructure works (if any) are used instead of the task of planning the total ground and are the basis for making a master plan;

+ The master plan includes the drawing of the total ground; the work architecture plan must show the location, scale, and work items in the land lot; specifying the elevation of the construction foundation; the construction boundary (the boundary for the construction of the floating part, the underground part of the work); the color of the works; and the criteria of land use in the planning are consistent with the applicable regulations and standards; ensuring the connection of technical infrastructure and being suitable in terms of architectural space with the surrounding area;

+ The order and procedures for collecting opinions, appraising, and approving the general ground plan shall comply with the order and procedures for collecting opinions, appraising, and approving detailed planning projects for construction investment projects. ;

+ The agency competent to approve detailed planning projects is responsible for approving the master plan.

- For construction investment projects with works on the list of state secrets, the master plan of the total ground shall be formulated in the step of formulation of investment policies; the investor is responsible for collecting opinions in writing from the agency competent to approve the detailed planning as a basis for implementing the next steps; the time for comments shall not exceed 15 days from the date of receipt of complete and valid dossiers. The organization, implementation, and management of records, documents, and related information comply with the provisions of the law on the protection of state secrets.

- The adjustment of the master plan must ensure the adjustment conditions of the detailed planning project. The process of adjusting the master plan shall comply with the provisions of Clauses 4a and 4b, Article 14 of Decree 37/2010/ND-CP, supplemented by Article 1 of Decree 35/2023/ND-CP.

- The master plan, after being approved (including adjustments), shall be announced according to regulations on the publication of detailed planning projects.

Nguyen Pham Nhut Tan

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