Chapter III
EVALUATION AND APPROVAL OF URBAN PLANNING
Article 41. Agencies evaluating urban planning tasks and urban plans
1. The Ministry of Construction shall evaluate urban planning tasks and urban plans falling under the approving competence of the Prime Minister.
2. Provincial-level urban planning management agencies shall evaluate urban planning tasks and urban plans falling under the approving competence of provincial-level People's Committees, except detailed planning tasks of areas under construction investment projects with planning licenses.
3. District-level urban planning management agencies shall evaluate urban planning tasks and urban plans falling under the approving competence of district-level People's Committees, except detailed planning tasks of areas under construction investment projects with planning licenses.
Article 42. Evaluation councils
1. The Ministry of Construction shall decide to establish an evaluation council in the following cases:
a/ Urban planning under the approving competence of the Prime Minister:
b/ Urban planning of special political, socioeconomic, cultural and historical importance which is assigned by the Prime Minister to the Ministry of Construction.
2. People's Committees competent to approve urban planning shall decide to set up evaluation councils, except cases stated in Clause 1 of this Article.
3. An evaluation council is composed of representatives of concerned state management agencies and socio-professional organizations.
Article 43. Contents of evaluation of urban planning tasks and urban plans
1. Evaluation of urban planning tasks covers:
a/ Compliance of urban planning tasks with socio-economic development, defense and security requirements and higher-level urban planning;
b/ Content requirements for each type of urban planning tasks specified in Article 23 of this Law;
2. Evaluation of an urban plan covers:
a/ Eligibility of urban planning consultancy organizations as prescribed in Article 10 of this Law;
b/ Grounds for making urban plans prescribed in Article 24 of this Law;
c/ Compliance of urban plans with urban planning tasks and requirements prescribed in Article 6 of this Law and content requirements for each type of plan prescribed in Sections 3, 4 and 5, Chapter II of this Law.
Article 44. Competence to approve urban planning tasks and urban plans
1. The Prime Minister shall approve the following urban planning tasks and urban plans:
a/ General planning of centrally run cities, general planning of provincial cities which are grade-I urban centers, general planning of new urban centers with a forecast population equivalent to that of grade-Ill urban centers and new urban centers with a planning scope related to the administrative boundaries of two or more provinces;
b/ Specialized technical infrastructure planning of centrally run cities which are special-grade urban centers;
c/ General planning, zoning planning and detailed planning of areas of special national political, socio-economic, cultural, historical importance;
d/ Other types of planning assigned by the Prime Minister to the Ministry of Construction.
2. The People's Committees of provinces and centrally run cities shall approve the following urban planning tasks and urban plans:
a/ General planning of provincial cities, towns, townships and new urban centers, except those specified at Point a. Clause 1 of this Article: for general plans of grade-II. grade-Ill and grade-IV urban centers and new urban centers, written agreement of the Ministry of Construction is required before approval;
b/ Specialized technical infrastructure planning of centrally run cities, excluding planning specified at Point b. Clause 1 of this Article, after obtaining written agreement of the Ministry of Construction;
c/ Zoning planning of special-grade and grade-I urban centers; zoning planning and detailed planning of areas in urban centers which are related to the administrative boundaries of two or more rural or urban districts, areas of important significance, and areas within new urban centers, excluding planning specified at Point c. Clause 1 and planning tasks specified in Clause 5 of this Article.
3. People's Committees of provincial cities, towns, urban districts and People's Committees of rural districts of centrally run cities shall approve zoning planning and detailed planning tasks and zoning plans and detailed plans within the administrative boundaries under their respective management, excluding types of urban planning specified in Clauses 1 and 2 and urban planning tasks specified in Clause 5 of this Article, after obtaining written agreement of provincial-level urban planning management agencies.
4. People's Committees of rural districts of provinces shall approve detailed planning tasks and detailed plans of townships, excluding types of urban planning specified in Clauses 1 and 2 and urban planning tasks specified in Clause 5 of this Article, after obtaining written agreement of provincial-level urban planning management agencies.
5. Investors of construction investment projects shall approve detailed planning tasks of areas with planning licenses.
6. People's Committees of cities, towns and townships shall report to the People's Councils of the same level on general urban planning before such planning is approved by competent state agencies.
Urban planning agencies shall coordinate with People's Committees of cities, towns and townships in reporting to the People's Councils of the same level on general urban planning of cities, towns and townships.
7. The Government shall specify the order and procedures for approving urban planning tasks and urban plans.
Article 45. Forms and contents of approving urban planning tasks and urban plans
1. Urban planning tasks and urban plans shall be approved in writing.
2. A document approving an urban plan must contain the major details of the plan specified in Articles 23, 25, 26, 27, 28, 29, 30, 33, 37 and 39 of this Law and attached list of approved drawings.
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