Chương IV Nghị định 44/2015/NĐ-CP: Giấy phép quy hoạch

Chapter IV

PLANNING PERMIT

Article 31. General provisions

1. Planning permit shall be issued to any investor who is qualified for making investment in project construction.

2. Maximum period of validity of a planning permit with respect to a construction project is 24 months from the date of issuance till the detailed planning is approved.

3. Maximum period of validity of a planning permit with respect to a private construction project is 12 months from the date of issuance till the construction project is approved.

4. The Ministry of Finance shall detail collection of fees and charges for the issuance of planning permit.

Section 32. Cases to issue planning permit for special purpose zones

1. Construction projects in the area without zoning plan;

2. Concentrated, private construction projects in the area that is currently under zoning but not eligible for detailed planning;

3. Concentrated, private construction projects in the area with a detailed planning approved but in need of adjustments to borderlines or criteria about land use;

Article 33. Sequence of issuance of planning permit

1. Based on particular demands, the investor shall document and submit request for issuance of planning permit as prescribed in Article 35 hereof to competent agencies.

2. Based on demands for management, control and development of special purpose zones, regulations on management under general planning, proposals made by the investor, construction planning management agencies at all levels shall be responsible for looking into the documentation, organizing collection of suggestions from relevant agencies and making the report to competent agencies. Time for assessment of the documentation and collection of suggestions is from 30 days and under since receipt of adequate documentation.

3. Competent agencies shall carry out consideration and issuance of planning permit within 15 days since receipt of assessment documentation prepared by construction planning management agencies at all levels.

4. For construction projects as prescribed in Clause 3, Article 35 hereof, during the assessment of the documented request for issuance of planning permit, construction planning management agencies at all levels must collect suggestions from relevant communities on relevant issues. Representatives of residential communities shall be responsible for collecting suggestions from the communities as prescribed by the law on exercising of grass-root democracy.

Article 34. Documentation of requests for issuance of planning permit

Documented requests for issuance of planning permit include:

1. Application form

2. Chart of land parcel proposed for issuance of planning permit

3. Planned scope and borderlines of the land parcel, criteria about use of planned land;

4. Planned investment matters, project size and total investment;

5. Reports on legal and financial qualifications for project implementation;

Article 35. Content of planning permit

1. Content of a planning permit for a concentrated construction project is instructed in Clauses 1, 2, Article 35 hereof, including:

a) The investor

a) Scope, borderlines and size of land, population in the area under planning;

c) Criteria about use of land for housing and commercial services; social infrastructural works, green trees, traffic; criteria about use of land for the entire area under planning; requirements for arrangement of architectural, landscaping and environmental space; requirements for criteria and technical infrastructural head works as foundations for the formulation of tasks and detailed construction planning project;

d) Period of validity of planning permit

2. Content of planning permit with respect to a private construction project is instructed in Clauses 2, 3, Article 35 hereof, including:

a) The investor

b) Scope, borderlines and area of the land parcel in the area under planning;

c) Criteria about use of land for high-level construction, land use coefficient, construction density; requirements for architectural and environmental space, criteria about technical infrastructure and other requirements as foundations for the formulation of construction project;

d) Period of validity of planning permit

3. Application form and specimen planning permit are represented in the appendices enclosed herewith;

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