Chương 1 Nghị định 37/2010/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree applies to the formulation, evaluation and approval of urban planning; the management of construction according to planning; and capability conditions on organizations and individuals involved in urban planning.

Article 2. Time limits for formulating urban planning

1. Time limits for formulating general urban planning:

a/ For centrally run cities, the time limit for elaborating general planning tasks is 3 months and the time limit for formulating plans is 15 months:

b/ For provincial cities, towns and new urban centers, the time limit for elaborating tasks is 2 months and the time limit for formulating plans is 12 months;

c/ For townships, the time limit for elaborating tasks is one month and the time limit for making formulating is 9 months.

2. Time limits for formulating zoning planning: one month for elaborating tasks and 9 months for formulating plans.

3. Time limits for formulating detailed planning: one month for elaborating tasks and 6 months for formulating plans.

4. The time limit for formulating a specialized technical infrastructure plan is 9 months.

5. The time limit for elaborating planning tasks shall be counted from the date of signing of a consultancy contract between the agency organizing the planning or investor and the planning consultancy organization. The time limit for formulating a plan shall be counted from the date of approval of the planning task. If the elaboration of planning tasks and formulation of a plan are carried out by two different legal entities, the time limit for formulating a plan shall be counted from the date of signing of the consultancy contract.

Article 3. Topographic maps for formulating urban plans

1. Topographic maps for formulating urban plans shall be provided by the slate management agency in charge of maps or made by a professional agency after conducting surveys and measurements to ensure quality and meet technical requirements according to regulations on measurement and mapping activities.

2. Information and data of topographical maps must meet urban planning requirements relevant to each type of urban plan. In case a topographic map is not suitable to the current state at the time of planning, additional measurements and surveys shall be conducted.

Article 4. Management of funding sources for the formulation and implementation of urban planning

1. State budget funds for the formulation and implementation of urban planning shall be allocated from annual economic non-business funds of central and local budgets.

2. Funds for the formulation and implementation of urban planning covered by implementers of construction investment projects shall be included in the projects' total investments.

3. Responsibilities for preparing funding plans for the formulation and implementation of urban planning with state budget funds:

a/ The Ministry of Construction shall prepare annual budget fund plans for the formulation and implementation of urban planning carried out by the Ministry itself and of other types of urban planning assigned by the Prime Minister;

b/ The People's Committees at all levels shall prepare and balance annual fund plans for urban planning formulated by themselves, excluding types of urban planning mentioned at Point a. Clause 3 of this Article;

c/ The Ministry of Finance and the Ministry of Planning and Investment shall balance annual state budget funds for the formulation and implementation of urban planning by the

Ministry of Construction; the People's Committees at all levels shall balance annual local budget funds for local urban planning work.

4. Condition for inclusion in annual fund plans:

The list of urban planning projects or job items to implement urban planning must be approved by competent authorities and enclosed with outlines and cost estimates of urban planning work or job items to implement urban planning.

5. The Ministry of Construction shall announce spending levels and unit prices for the formulation and implementation of urban planning.

6. The Ministry of Finance shall coordinate with the Ministry of Construction in guiding the advance, payment and settlement of state budget funds for the formulation and implementation of urban planning to suit management requirements and characteristics of urban planning work.