Forms of publicization of construction planning in Vietnam

Form of publicization of construction planning in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on publicization of construction planning in Vietnam

The publicity of construction planning under Article 40 of the Law on Construction 2014 (amended in 2018) is as follows:

- Within 15 days from the date on which the planning is approved by a competent authority, the construction planning project shall be published.

- It is required to publish all contents of the construction planning project and regulatory regulations laid down according to the promulgated construction planning project, except contents related to national defense, security and state secrets.

- The construction planning-managing agencies shall fully update the situation of implementation of the approved construction plans so that the competent agencies shall promptly publicize them to organizations and individuals for knowledge and supervision in the process of implementation.

2. Responsibility to publicize construction planning in Vietnam

Responsibility to publicize construction planning under Article 41 of the Law on Construction 2014 (amended in 2018) are as follows:

- Regarding inter-district construction planning and district construction planning:

+ People’s Committees of districts shall publish inter-district construction planning;

+ People’s Committees of districts or People’s Committees of communes shall publish district construction planning.

- For general planning for construction of particular-function zones:

+ The Ministry of Construction shall assume the prime responsibility for, and coordinate with the related provincial-level People’s Committees in, publicizing the inter-provincial plans on construction of particular-function zones, which fall within the approving competence of the Prime Minister.

+ The People’s Committees at different levels shall publicize general plans on construction of particular-function zones within their respective administrative boundaries.

- The People’s Committees at different levels shall publicize the approved sub-zone construction plans and detailed planning for construction of particular-function zones within the administrative boundaries under their management to people for implementation and supervision of the implementation.

- Commune People’s Committees shall publicize the commune and rural residential quarter construction planning.

- Within 30 days after the construction planning is approved, the People’s Committees at different levels shall publicize it.

- If persons responsible to publicize the construction planning do not publicize, delay the publicization or falsely publicize the contents of approved construction planning, they shall be disciplined or examined for penal liability, depending on the nature and severity of their violations;

If causing damage, they shall compensate therefor in accordance with law.

3. Forms of publicizing construction planning in Vietnam

The forms of publicizing construction planningg according to Article 42 of the Law on Construction 2014 (amended in 2018) is as follows:

- The approved construction planning project shall be regularly posted and updated on websites of the authority in charge of organizing formulation of the planning, authority in charge of formulating planning and construction planning authority and on mass media.

- In addition to the form of publicization prescribed in Clause 1 of this Article, competent persons may decide on other forms of publicization as follows:

+ Organizing conferences to publicize the construction planning, with the participation of representatives of related organizations and agencies, Vietnam Fatherland Front Committee, representatives of people in the planning region and of the press agencies;

+ Public, regular and continuous display of panels, drawings and mock-ups at public places and offices of construction planning management agencies at all levels and at offices of commune-level People’s Committees, for detailed construction planning;

+ Printing and widely distributing construction planning maps and regulations on management of approved construction planning.

Quoc Dat

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