Regulations on the appraisal and approval of local adjustments to planning of the People's Committee of Ho Chi Minh City in Vietnam

Regulations on the appraisal and approval of local adjustments to planning of the People's Committee of Ho Chi Minh City in Vietnam (Internet image)

Regulations on the appraisal and approval of local adjustments to planning in Vietnam

The content mentioned in Decision 20/2023/QD-TTg stipulating the pilot decentralization and the order and procedures for approving the local adjustment of the general planning on the construction of functional areas, the local adjustment of urban general planning, and the partial adjustment of specialized technical infrastructure planning in Ho Chi Minh City promulgated by the Prime Minister.

Appraisal of local adjustments to planning in Vietnam

1. Department of Planning and Architecture of Ho Chi Minh City is the agency that appraises and adjusts the local general planning on the construction of functional areas, the local adjustment of the urban general planning, and the local adjustment of the specialized technical infrastructure planning.

2. Contents of the appraisal include:

- The satisfaction of requirements on adjustment bases, adjustment conditions, and contents of local adjustment of the planning according to the provisions of the law on construction planning and urban planning, ensuring the legality, feasibility, and conformity with current regulations and other relevant standards.

- The Department of Planning and Architecture of Ho Chi Minh City summarizes the results of the written appraisal and reports them to the People's Committee of Ho Chi Minh City for consideration and approval; they take responsibility before the law and the People's Committee of Ho Chi Minh City for the results of the appraisal and the adjustment of their own planning.

3. Time for appraisal shall not exceed 20 days from the date of receipt of complete and valid dossiers as prescribed.

4. Dossier submitted for appraisal includes the following:

- Report of the agency organizing the local adjustment of the planning according to the contents specified in Clause 3, Article 3 of Decision 20/2023/QD-TTg; legal documents and related documents; documents explaining the opinions of agencies, organizations, and residential communities on the contents of the planning adjustment.

- Drawings showing the contents of the local adjustment of the planning, determining the planning targets achieved after the local adjustment of the planning, with reference and comparison with the approved planning criteria.

- Draft Decision of the People's Committee of Ho Chi Minh City Approving the Local Adjustment of the planning.

Approval of the local adjustment to the planning in Vietnam

1. The People's Committee of Ho Chi Minh City approves the partial adjustment of the planning after obtaining the written consent of the Ministry of Construction.

- The contents of the Ministry of Construction's unanimous opinion include: bases, conditions, and contents for local adjustment of the planning; conformity with regulations on construction planning; and other relevant regulations.

- Dossier to be sent to the Ministry of Construction for approval includes: the document of the People's Committee of Ho Chi Minh City to the Ministry of Construction; dossiers as prescribed in Clause 4, Article 5 of Decision 20/2023/QD-TTg; and reports on appraisal results of local appraising agencies for planning adjustment.

- Dossiers for consultation with the Ministry of Construction shall be sent in one of the following forms: directly at the Ministry of Construction, via the public postal service, or via the electronic document system.

- The time for the Ministry of Construction to give comments shall not exceed 15 days from the date of receipt of a complete and valid dossier as prescribed. If, after the prescribed time limit for comments, the Ministry of Construction does not give comments, the People's Committee of Ho Chi Minh City shall decide on the approval according to its competence to be pilot decentralized.

2. In case of disagreement between the People's Committee of Ho Chi Minh City and the Ministry of Construction on the content of the local adjustment of the planning, the People's Committee of Ho Chi Minh City shall follow the opinion of the Ministry of Construction.

3. The decision approving the local adjustment of the master plan must contain all the contents and the plan for the local adjustment of the master plan according to the principle of focusing on the content to be adjusted; the unadjusted contents of the approved master plan still retain their legal validity.

4. The time for approving the partial adjustment of the planning shall not exceed 15 days from the date of receipt of a complete and valid dossier as prescribed (excluding the time for consultation with the Ministry of Construction).

5. The approved drawings and documents related to the local adjustment of the planning and the updated planning documents must be stamped and certified by the Department of Planning and Architecture of Ho Chi Minh City as a basis for management and implementation. Send 01 complete set of dossiers to the Ministry of Construction for storage and monitoring.

More details can be found in Decision 20/2023/QD-TTg, taking effect from the date of signing.

Duong Chau Thanh

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