Forms and time of collecting comments on construction planning in Vietnam

Forms and time of collecting comments on construction planning in Vietnam (Internet image)

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

1. Forms and time of collecting comments on construction planning in Vietnam

Forms and time of collecting comments on construction planning in Vietnam according to Article 17 of the Construction Law 2014 are as follows:

- The collection of comments of related agencies, organizations and individuals on construction planning tasks and plans shall be carried out in form of sending dossiers and documents or organizing conferences or seminars. Consulted agencies, organizations and individuals shall reply in writing or directly give comments.

- The collection of comments of communities on construction planning tasks and plans shall be carried out via collection of comments of community representatives in form of questionnaires and interviews. Community representatives shall summarize comments of their communities in accordance with the law on grassroots democracy.

- The collection of comments of communities on the tasks and plans of zoning planning, detailed construction planning and commune construction general planning or rural residential quarter construction planning shall be carried out via comment cards through public display or presentation of planning options in the mass media.

- The duration for collecting comments on construction planning must be at least 20 days for agencies and 40 days for organizations, individuals and communities.

- Construction planning agencies or organizations shall receive comments of agencies, organizations and communities to complete the construction planning tasks and plans; in case of refusal, they shall reply in writing and clearly state the reasons before the master plans are approved.

- The Government shall detail the collection of comments on construction planning tasks and plans from related agencies, organizations, individuals and communities.

2. Responsibility to collect comments on construction planning in Vietnam

Responsibility to collect comments on construction planning in Vietnam according to Article 16 of the Construction Law 2014 are as follows:

- Agencies or project owners organizing construction planning shall collect comments of related agencies, organizations, individuals and communities on construction planning tasks and plans.

Related People’s Committees shall coordinate with construction planning agencies and construction investment project owners in collecting comments.

- For the construction planning tasks and plans to be approved by the Prime Minister, the Ministry of Construction shall collect comments of other related ministries, central agencies and organizations; provincial-level. People’s Committees shall collect comments of related agencies, organizations, individuals and communities in their localities.

- The contributed comments shall be fully summarized, explained, assimilated and reported to competent state agencies for consideration and decision.

3. Regulations on construction planning in Vietnam

Regulations on construction planning under Article 13 of the Construction Law 2014 (amended 2018) are as follows:

- Inter-district construction planning, district construction planning and dedicated area construction planning is the detailed planning.

- Urban planning is the planning mentioned in the national planning and includes the one specified by the Law on Urban Planning.

Formulation, appraisal, approval, adjustment and implementation of the urban planning shall comply with regulations of the law on planning.

- Rural planning is the planning mentioned in the national planning and includes the one specified in Clause 2 Article 29 of this Law.

- Bases for formulating construction planning include:

+ Socio - economic development, national defense and security strategies and plans; industry distribution and development strategies during the same period;

+ National planning, regional planning and provincial planning;

+ Planning in the previous planning;

+ Technical standards for urban planning and other relevant standards;

+ Maps, documents and data on local current socio - economic conditions and natural conditions.

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