Nghị định 72/2019/NĐ-CP ngày 30/08/2019 sửa đổi Nghị định 37/2010/NĐ-CP về lập, thẩm định, phê duyệt và quản lý quy hoạch đô thị và Nghị định 44/2015/NĐ-CP hướng dẫn về quy hoạch xây dựng

DECREE

AMENDING A NUMBER OF ARTICLES OF DECREE NO. 37/2010/ND-CP DATED APRIL 07, 2010 ON FORMULATION, APPRAISAL, APPROVAL AND MANAGEMENT OF URBAN PLANNING AND DECREE NO. 44/2015/ND-CP DATED MAY 06, 2015 PROVIDING DETAILED REGULATIONS ON CONSTRUCTION PLANNING

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Planning dated June 17, 2009;

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on amendments to a number of Articles of 37 Laws  related to planning dated November 20, 2018;

At the request of the Minister of Construction;

The Government hereby promulgates a Decree amending a number of Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 providing detailed regulations on construction planning.

Article 1. Amendments to Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning

1. Article 1 is amended as follows:

“This Decree provides for urban planning formulation, appraisal and approval; construction management according to urban planning and selection of urban planning consultancies.”.

2. Chapter II is amended as follows:

a) The title of Chapter II is amended as follows:

“SELECTION OF URBAN PLANNING CONSULTANCIES”

b) Clause 1 Article 12 is amended as follows:

“1. The urban planning consultancy shall be selected in accordance with regulations of laws on bidding.”.

c) Clause 2 Article 13 is amended as follows:

“2. Urban planning consultancies applying for the selection must meet capacity requirements as per existing regulations.”.

3. Article 14 is amended as follows:

a) Clause 1 is amended as follows:

“1. General planning shall be formulated for central-affiliated cities, districts and new cities in line with national planning, regional planning and provincial planning.”

b) Clause 5 is added after Clause 4 as follows:

 “5. In case a boundary or some land use targets need(s) to be revised to execute a centralized or separate construction project within the area already mentioned in the approved detailed planning, the authority with competence in approving the detailed planning shall decide to partially revise the planning based on contents of the approved planning, national technical regulations on construction planning, conditions of technical and social infrastructure of the urban area or area and architecture management regulation. The planning shall be partially revised in accordance with regulations of laws.

4. Section 1, title of Section II Chapter II and Clause 3 Article 12 are annulled; Chapter IV and appendixes enclosed therewith are annulled.

Article 2. Amendments to a number of Articles of Decree No. 44/2015/ND-CP dated May 06, 2015 providing detailed regulations on construction planning

1. Clause 1 Article 1 is amended as follows:

“1. This Decree provides for some contents of the 2014 Law on Construction, including construction planning formulation, appraisal and approval; and management of construction planning implementation.”.

2. Article 7 is amended as follows:

a) Point a and Point d Clause 1 are amended as follows:

 “a) Grounds for determination of regional boundaries; planning targets and time limit.

d) Requirements for collection of figures, analysis and assessment of natural conditions and current conditions; requirements for orientations of inter-district and district social and technical infrastructure systems and spatial development; requirements for strategic environmental assessment, inter-district and district construction planning management; and requirements for proposal of programs and projects of priority.”

b) Clause 2 is amended as follows:

“2. Inter-district/district construction planning tasks shall be formulated within 02 months."

3. Article 8 is amended as follows:

a) Point dd and Point e Clause 1 are amended as follows:

“dd) Inter-district and district spatial development orientations:

- Propose and select regional spatial development model;

- Carry out zoning for the purpose of development control and management;

- Allocate and determine size of development spaces: industry, agriculture, forestry, tourism, commerce and services, and conservation; determine size and purpose of functional zones;

- Determine urban and rural system structure and development models as appropriate to socio-economic and cultural characteristics; decentralize and classify cities by territorial space and administrative management; determine size of population and land for urban construction;

- Allocate and determine size of social infrastructure systems, including educational, training, cultural, medical and sports centers of large size and regional significance; regional commercial and service centers; tourism and recreational areas and valuable cultural and historical remains;

- Allocate and determine size of conservation areas and protected landscape areas in the region.

e) Inter-district and district technical infrastructure system orientations:

Determine network, position and size of focal points of inter-district and district technical infrastructure, including technical preparation, traffic, power system, energy supply, water supply, drainage and wastewater treatment, solid waste management, cemeteries and passive telecoms infrastructure.”.

b) Clause 2 is amended as follows:

“2. An inter-district/district planning project shall be formulated within 12 months."

4. Article 10 is amended as follows:

a) Clause 2 is amended as follows:

 “2. Functional zones of over 500 ha shall be put into general construction planning, ensuring suitability for provincial planning, inter-district/district construction planning and urban planning. The approved general planning for construction of a functional zone shall provide the basis for formulation of the zoning planning and detailed construction planning.

Functional zones of over 500 ha shall be put into the construction zoning planning, which shall provide the basis for formulation of the detailed construction planning and construction project classification, if such classification is included in the approved general urban planning.”.

b) Clause 6 is added after Clause 5 as follows:

 “6. In case a boundary or some land use targets need(s) to be revised to execute a centralized or separate construction project within the area already mentioned in the approved detailed construction planning, the authority with competence in approving the detailed planning shall decide to partially revise the planning based on contents of the approved planning, national technical regulations on construction planning, conditions of technical and social infrastructure of the area and architecture management regulation. The planning shall be partially revised in accordance with regulations of laws.

5. Point b Clause 1 Article 12 is amended as follows:

“b) Assess implementation of unexpired planning and completed projects; determine and clarify orientations in relevant general urban planning, provincial planning and regional planning.”.

6. Article 16 is amended as follows:

“Article 16. Principles of rural planning formulation

1. Communes shall be put into general planning in order to elaborate the provincial planning, inter-district/district construction planning and general city/town planning, providing the basis for formulation of detailed planning for rural settlements and construction projects.

2. Rural settlements shall be put into detailed construction planning in order to elaborate the general commune construction planning, providing the basis for construction project formulation and construction permit issuance.

7. Article 21 is amended as follows:

“Article 21. Collecting comments on inter-district/district construction planning

The authority formulating the construction planning shall cooperate with People’s Committees at all levels in collecting comments from relevant authorities and organizations during formulation of the inter-district/district construction planning project.”.

8. Clause 1 Article 26 is amended as follows:

“1. For inter-district/district construction planning, planning tasks shall be appraised within 20 days and approved within 15 days; and planning projects shall be appraised within 25 days and approved within 20 days starting from the date of receipt of a valid application as regulated.”.

9. Clauses 1, 2 and 4 Article 6, Clause 2 Article 28 and Article 30 are annulled; Chapter IV and appendixes enclosed therewith are annulled.

10. Some phrases are replaced as follows:

a) “quy hoạch xây dựng vùng” (“regional construction planning”) in Point a Clause 1 Article 4, title of Section 1 Chapter II and Articles 6, 7, 8, 9 and 11 is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”).

b) “khu chức năng đặc thù” (“special functional zones”) in Article 4; title of Section 2 Chapter II, and Articles 10, 11, 12, 13, 14, 15, 22, 25 and 26 is replaced with “khu chức năng” (“functional zones”).

c) “quy hoạch xây dựng nông thôn” (“rural construction planning”) in title of Section 3 Chapter II and Articles 17, 20, 23 and 26 is replaced with “quy hoạch nông thôn” (“rural planning”).

Article 3. Effect

This Decree takes effect from August 30, 2019.

Article 4. Transitional clause

Planning permits issued to investors prior to the effective date of this Decree shall remain valid until their expiry dates.

Article 5. Implementing responsibilities

Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decree./.

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