What is urban construction planning? Form of time to collect opinions on urban planning? Responsibility to consult on urban planning? LSX Lawfirm will give you an article about: “Forms of collecting comments on construction planning in Vietnam”, as follows:
Legal grounds
Law on construction 2014
What is construction planning?
Opinion is a scientifically proven, fact-tested generalization that is universal and cannot find contradictory facts.
Construction planning is understood as the spatial organization of urban areas, rural areas and specific functional areas; organize a system of technical and social infrastructure works… to meet the goals of socio-economic development, national defense, security, environmental protection, and response to climate change.
The competent agency responsible for collecting opinions is the planning agency, which is the agency or organization assigned the responsibility by the Government, the Prime Minister, ministries, ministerial-level agencies, and provincial-level People’s Committees. planning under the national planning system.
The planning agency is responsible for collecting opinions from Ministries, ministerial-level agencies, People’s Committees at all levels of relevant localities and other relevant agencies, organizations, communities and individuals on the planning. , except for the national sector planning, opinions collected by the planning organization. For regional and provincial planning, the planning agency must consult the People’s Committees of the province in the adjacent localities.
Forms of collecting comments on construction planning in Vietnam
Firstly, the collection of comments of related agencies, organizations and individuals on construction planning tasks and plans carried out in form of sending dossiers and documents or organizing conferences or seminars. Consulted agencies, organizations and individuals shall reply in writing or directly give comments.
Secondly, the collection of comments of communities on construction planning tasks and plans shall be carried out via collection of comments of community representatives in form of questionnaires and interviews. Community representatives shall summarize comments of their communities in accordance with the law on grassroots democracy.
Thirdly, the collection of comments of communities on the tasks and plans of zoning planning, detailed construction planning and commune construction general planning or rural residential quarter construction planning carried out via comment cards through public display or presentation of planning options in the mass media.
Time of collecting comments on construction planning in Vietnam
Accordingly, the duration for collecting comments on construction planning must be at least 20 days for agencies and 40 days for organizations, individuals and communities.
Construction planning agencies or organizations shall receive comments of agencies, organizations and communities to complete the construction planning tasks and plans; in case of refusal, they shall reply in writing and clearly state the reasons before the master plans approved.
Besides, you can refer to the cases where investors have to adjust construction permits in Vietnam, you can also look in the article about What is construction planning in Vietnam?. Along with clarifying “What is construction planning in Vietnam?”, we would like to send you information about types of construction planning according to current laws such as: Bases for formulating construction planning
Order and procedures for collecting comments in Vietnam
The order and procedures for consulting the Central Committee of the Vietnam Fatherland Front; relevant ministries; ministerial-level agencies and provincial-level People’s Committees on the planning are carried out as follows:
Step 1
Accordingly, the planning organization sends a dossier to collect comments on the planning, including a planning report, a system of diagrams and maps showing the planning contents; and a report on strategic environmental assessment as prescribed. of the law on environmental protection;
Step 2
So, the consulted agencies are responsible for replying in writing within 30 days, counting from the date of receiving the application for comments on the planning;
Finally, the planning agency synthesizes opinions and explains, collects opinions; reports to the planning organization for consideration before submitting for planning appraisal.
The order and procedures for collecting comments from the population community; agencies; organizations and individuals related to the planning are as follows:
Firstly, the People’s Committee of the province is responsible for notifying the People’s Committee of the district of collecting opinions on the planning;
Secondly, the district-level People’s Committee is responsible for notifying the collection of opinions on the planning to the commune-level People’s Committee and agencies and organizations located in the area. Commune-level People’s Committees are responsible for communicating the collection of opinions on the planning to relevant communities and individuals;
Then, communities, organizations and individuals comment on the planning directly on the website of the planning agency; or send written comments to the planning organization; In case of necessity; the planning organization may collect opinions on the planning through posting and displaying it in public places; holding conferences and seminars; distributing questionnaires, and conducting interviews through representatives of agencies, organizations, communities and individuals;
Step 4: The planning agency is responsible for synthesizing opinions and explaining; absorbing opinions; reporting to the planning organization for public announcement on the agency’s website before submitting for appraisal. planning regulations.
Thus
It can be seen that the collection of opinions on the national sector planning is also carried out in accordance with the provisions of the law; there is also a division of the object of consultation; (Central Committee of the Vietnam Fatherland Front, ministries; ministerial-level agencies, provincial-level People’s Committees and residential communities; agencies, organizations and individuals related to planning); so there are differences in the order and procedures for collecting opinions opinions and accountability; and receive opinions from the planning agency. In addition, the law also stipulates the collection of opinions on the regional planning; and the consultation of the provincial planning.
Related questions
Thus, it can be seen that the form of opinion collection is done in two ways as follows:
Method 1: Submit dossiers and documents and post them on the website of the planning agency. Agencies and organizations that are consulted are responsible for replying in writing (For the collection of opinions of agencies, organizations and individuals)
Method 2: Posting on the website of the planning agency, posting it up for display in public places, distributing questionnaires and interviewing, organizing conferences, seminars and other forms as prescribed by law. the law on implementing democracy in communes, wards and townships (For collecting public opinions on urban planning)
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