Chapter IV
PLANNING LICENSES
Article 35. General provisions on planning licenses
1. Planning licenses shall be granted to investors meeting all capability conditions for investing in construction projects.
2. Planning license is a legal basis for an investor to formulate urban planning and a construction investment project and carry out construction.
3. Planning license represents regulations of a competent agency to be complied with by investors in the course of formulating urban planning and construction investment projects and implementing the projects.
4. The validity term of a planning license for a project to construct concentrated works is 24 months at most from the date of its grant to the date of approval of the detailed planning.
The validity term of a planning license for a project to construct an individual work is 12 months at most from the date of its grant to the date of approval of the investment project.
Article 36. Cases subject to planning licensing
1. Investment projects to construct works concentrated in zones within an urban center which have no zoning and detailed planning yet.
2. Investment projects to construct works concentrated in zones within an urban center which have had zoning planning but lack sufficient grounds for formulating detailed planning.
3. Investment projects to construct individual works in zones within an urban center which have no detailed planning or urban architecture yet. except houses.
4. Investment projects to construct individual works or works concentrated in zones with approved detailed planning but requiring adjustment of the boundary of or some criteria for use of planned urban land with respect to a land lot.
Article 37. Order of planning licensing
1. On the basis of planning information, an investor shall compile a dossier of application for a planning license for constructing concentrated works as stipulated in Article 36 of this Decree, and send it to an agency competent to grant planning licenses.
2. On the basis of urban development control and management requirements, regulations on management according to urban planning and regulations on the management of urban planning and architecture, and proposals of investors, planning management agencies at all levels shall consider dossiers, consult concerned agencies on contents of planning licenses and report them to agencies competent to grant planning licenses. The lime limit for evaluating dossiers and consultation must not exceed 30 days from the time of receipt of complete and valid dossiers.
3. Competent agencies shall consider and grant planning licenses within 15 days after receiving dossiers of evaluation for the grant of planning licenses from planning management agencies at all levels.
4. For construction investment projects mentioned in Clauses 3 and 4, Article 36 of this Decree, in the course of evaluating dossiers of application for planning licenses, planning management agencies at all levels shall organize collections of opinions of representatives of concerned population communities on licensing contents. These representatives shall summarize opinions of population communities in accordance with the law on the exercise of democracy at the grassroots level.
Article 38. Dossiers of application for planning licenses
A dossier of application for a planning license comprises:
1. An application for a planning license:
2. A plan of the location of the site for which a planning a license is applied:
3. Projected scope and boundary of the land lot and criteria for use of planned urban land;
4. Projected investment contents, size of the project and total investment amount;
5. Report on the legal entity and financial capacity for implementing the project.
Article 39. Contents of a planning license
1. The contents of a planning license for a concentrated construction investment project mentioned in Clauses 1 and 2. Article 36 of this Decree include:
a/ Investor;
b/ Scope, boundary, land area and population size of the planned urban area;
c/ Land use criteria for houses; services and trade; social infrastructure works; trees and transport works; criteria for planned urban land for the whole planned zone: requirements on spatial organization, architecture, landscape and environment; requirements on criteria and key works of urban technical infrastructure as a basis for the investor to prepare detailed planning tasks and detailed plans;
d/ Validity term of the license.
2. The contents of a planning license for an individual work construction investment project mentioned in Clauses 3 and 4, Article 36 of this Decree include:
a/ Investor:
b/ Scope, boundary, land area and population size of the planned urban zone:
c/ Criteria for use of planned urban land regarding the maximum number of building stories, land use coefficients and construction density for the land lot; requirements on work architecture and environment: requirements on criteria of urban technical infrastructure and other requirements as a basis for the investor to prepare the work construction investment project;
d/ Validity term of the license.
Article 40. Competence to grant planning licenses
1. People's Committees of centrally run cities shall grant planning licenses to the following cases:
a/ Construction investment projects mentioned in Clause 1, Article 36 of this Decree which cover more than 50 hectares citywide and construction investment projects of significant political, socio-economic, cultural or historical importance to their cities;
b/ Construction investment projects mentioned in Clauses 3 and 4. Article 36 of this Decree in inner urban districts.
2. People's Committees of provinces shall grant planning licenses to the following cases:
a/ Construction investment projects mentioned in Clause 1, Article 36 of this Decree which cover more than 50 hectares provincewide and construction investment projects of significant political, socio-economic, cultural or historical importance to their provinces;
b/ Construction investment projects mentioned in Clauses 3 and 4. Article 36 of this Decree in provincial urban centers.
3. People's Committees of provincial cities, towns and districts shall grant planning licenses to cases other than those specified in Clauses 1 and 2 of this Article within the administrative territories under their respective management.
Article 41. Fee for the grant of a planning license
1. A fee for the grant of a planning license shall be determined to be a percentage of the projected total investment amount of a construction investment project.
2. The Ministry of Finance shall specify rates of the fee for the grant of a planning license.
Tìm kiếm
Nghị định 37/2010/NĐ-CP (Bản Word)