Chương I Nghị định 44/2015/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree details a number of articles of the Law on Construction No. 50/2014/QH13 including formulation, assessment and approval of construction planning; management and implementation of construction planning; planning permit.

2. This Decree applies to organizations and individuals at home and abroad involved in construction planning within the territory of Vietnam.

Article 2. Checks on construction planning

1. Carrying out checks on construction planning is to control and evaluate the implementation of approved planning and is one of the foundations for decision on making adjustment to the planning.

2. Reports on checks on construction planning include:

a) Check the formulation and development of related planning, construction projects under the approved construction planning and planning implementation plan.

b) Assess implemented targets, impacts and efficiency of implementation under the approved planning;

c) Analyze new elements during the implementation of construction planning and socio-economic development in the planned area;

dd) Petitions and proposals

dd) Reports on checks on construction planning include: Written report, scale drawings (color drawings) and other relevant documents.

Article 3. Maps serving formulation of construction planning project

1. The map serving formulation of construction planning project is the terrain map at the time the construction planning is formulated.

a) In case the terrain map is not available, survey and measurement must be conducted to formulate the map under requirements of each specific construction planning project.

b) In case the terrain map is available but not in conformity with current conditions at the time the construction planning is formulated, or only the cadastral map is available, additional survey and measurement must be conducted to ensure the formulation of construction planning project and land marking comply with construction planning.

2. The terrain map is formulated by an agency of legal capacity on the basis of scope of the area under direct study for planning and in reliance on planning tasks, survey budget estimates approved by competent agencies.

Article 4. State budget for construction planning

1. Budgets from the state budget shall be balanced in annual plan for the formulation and implementation:

a) Regional construction planning

b) General construction planning and special purpose zone planning (if any)

c) Detailed planning of special purpose zones that does not fall within construction projects in the form of business.

d) General planning for communes and detailed planning for rural residential quarters not falling within construction projects in the form of business;

2. Budget from state budget for construction planning shall be used for the following tasks:

a) Establish documentation, carry out survey of the terrain for the formulation of construction planning, technical infrastructure planning;

- Carry out establishment, assessment and approval of tasks, cost estimates for the formulation of terrain map serving the formulation of construction planning

- Conduct collection of figures, survey, measurement and formulation of terrain map;

b) Carry out establishment, assessment and approval of construction planning, technical infrastructure planning;

- Carry out establishment, assessment and approval of tasks and planning project;

- Collect suggestions from state management agencies about construction planning project;

- Organize collecting suggestions from residential community during the formulation of planning;

- Management of planning tasks

c) Organize the implementation of construction planning, technical infrastructure planning;

- Make public announcement of the planning and establish plan for construction planning implementation;

- Set up landmarks under the approved construction planning; The Ministry of Construction shall provide specific guidance on setting up landmarks under the construction planning.

Article 5. Management of budget from state budget for construction planning

1. Heads of agencies shall be responsible for the management of budget from state budget for construction planning; controlling advance payment, payment and final settlement by quantity under an economic contract.  Relevant agencies shall be responsible for cooperation in inspection and overseeing.

2. Responsibilities for planning budget from state budget for construction planning

a) The Ministry of Construction shall make a list of construction planning projects and annual budget plan for construction planning initiated by the Ministry of Construction and other planning assigned by the Prime Minister.

b) People’s committees at all levels shall make a list of construction planning projects and annual budget plan for construction planning within administrative management except construction planning as prescribed in Point a, b, Clause 2 of this Article.

3. The Ministry of Construction shall make public announcement of limit, unit price or cost determination method for construction planning.

4. The Ministry of Finance shall provide guidance on advance payment, payment and final settlement for construction planning.

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