Vietnam law has regulations on appraisal and approval of construction planning. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who has competence to appraise construction planning tasks and plans? Who has competence to approve construction planning tasks and plans? Thanks for answering my questions!”
Legal grounds
- 2014 Vietnam Construction Law
Competence to appraise construction planning tasks and plans
– The Ministry of Construction shall appraise construction planning tasks and plans falling within the approving competence of the Prime Minister.
– Construction planning-managing agencies of provincial-level People’s Committees shall appraise construction planning tasks and plans falling within the approving competence of the People’s Committees of the same level.
– Construction planning-managing agencies of district-level People’s Committees shall appraise construction planning tasks and plans falling within the approving competence of the People’s Committees of the same level.
Appraisal councils and contents of appraisal of construction planning tasks and plans
– The Ministry of Construction shall decide on the establishment of the council for appraisal of construction planning tasks and plans falling within the approving competence of the Prime Minister and construction plans formulated by the Ministry of Construction. The Ministry of Construction shall act as the standing body of the appraisal council.
– The People’s Committees shall decide on the establishment of councils for appraisal of construction planning tasks and plans within their respective approving competence. The construction planning-managing agencies of provincial- or district-level People’s Committees shall act as standing bodies of the appraisal councils of the same level.
– An appraisal council shall be composed of representatives of state management agencies, socio-professional organizations and experts in the relevant fields.
– Contents of appraisal of construction planning tasks cover:
+ The conformity of construction planning tasks with the strategies and master plans on socio-economic development, national defense, security, environmental protection and response to climate change, relevant construction master plans and land use master plans and plans;
+ Requirements on contents of each type of construction planning task are prescribed in Articles 23, 26, 27, 28, 30 and 31 of 2014 Vietnam Construction Law.
– Contents of appraisal of a construction plan cover:
+ The satisfaction of the conditions by construction planning-designing organizations prescribed in Article 150 of 2014 Vietnam Construction Law;
+ Grounds for formulation of construction plans prescribed in Clause 2, Article 13 of 2014 Vietnam Construction Law;
+ The conformity of the construction plan with the tasks and content requirements of each type of construction planning prescribed in Sections 2, 3 and 4 of this Chapter.
Competence to approve construction planning tasks and plans
– The Prime Minister shall approve the tasks and plans of the following types of construction planning:
+ Construction planning for inter-provincial regions, construction planning for provincial regions, construction planning for particular-function zones and construction planning for regions lying along expressways or inter-provincial economic corridors; specialized planning for inter-provincial technical infrastructure;
+ General construction planning for economic zones, general construction planning for hi-tech parks;
+ General construction planning for tourist resorts, ecological resorts, conservation zones, revolutionary and cultural-historical relics zones, research and training zones, physical training and sports zones and other particular-function zones of national level;
+ Other types of construction planning carried out by the Ministry of Construction as assigned by the Prime Minister.
– Provincial-level People’s Committees shall approve the following construction planning tasks and plans:
+ Construction planning for inter-district regions, construction planning for district regions;
+ General construction planning for particular-function zones, except the types of planning prescribed at Point c, Clause 1 of this Article;
+ Planning for construction of particular-function zones.
– District-level People’s Committees shall approve the sub-zone planning tasks and plans, detailed construction planning and planning for rural construction within the administrative boundaries under their respective management after obtaining written consent of construction planning-managing agencies of provincial-level People’s Committees.
– The People’s Committees at different levels organizing construction planning shall submit construction plans to the People’s Councils of the same level for decision before they are considered and approved by competent state agencies.
– Forms and contents of approval of construction planning tasks and plans include:
+ Construction planning tasks and plans shall be approved in writing;
+ The written approval of construction planning must include the main contents of the construction plan prescribed in Articles 23, 26, 27, 28, 30 and 31 of 2014 Vietnam Construction Law, which is enclosed with a list of approved drawings.
Conditions on adjustment of construction planning
– Regional construction planning may be adjusted when there appears one of the following circumstances:
+ Adjustment of regional socio-economic development master plans, the regional sectoral development master plans; regulations on protection of natural resources and environment; land use masterplans and plans; national defense and security strategies; regional development driving projects;
+ Changes in natural geographical conditions, administrative boundaries, big fluctuations in population and socio-economic situation.
– Particular-function zone construction planning may be adjusted when there appears one of the following circumstances:
+ Adjustment of regional socio-economic development master plans, construction master plans, sectoral development master plans;
+ Creation of key projects of national significance which greatly affect the land use, environment, spatial composition of functional zones;
+ Impossible implementation of the construction planning or the implementation thereof causing adverse impacts on socio-economic development, national defense, security, social security and ecological environment or cultural-historical relics and community opinion;
+ Changes in climate, geology or hydrology;
+ Serving national and community interests.
– Rural construction planning may be adjusted when there appears one of the following circumstances:
+ Adjustment of local socio-economic development master plan;
+ Adjustment of regional construction master plan;
+ Adjustment of local land use master plan and plan;
+ Changes in geological and natural conditions.
Principles of construction planning adjustment
– The adjustment of construction planning shall be based on the analysis and evaluation of current situation and results of implementation of existing master plans, clear determination of requirements of regional renovation embellishment to propose adjustment of land use norms, solutions to the arrangement of space and landscape for each area; solutions to the improvement of technical and social infrastructure systems to meet the development requirements.
– Contents of adjusted construction planning shall be appraised and approved in accordance with 2014 Vietnam Construction Law; non-adjusted contents of the approved construction plans may still be implemented.
Types of adjustment of construction planning
– The overall adjustment of construction planning is prescribed as follows:
+ The overall adjustment of construction planning shall be made when the characteristics, functions, sizes of planning regions or areas change or the contents of proposed adjustment would alter the structure and orientations for general development of planning regions or areas;
+ The overall adjustment of construction planning must satisfy practical requirements and be in line with the socio-economic development trends and orientations for future development of regions or areas, improve the quality of the living environment, infrastructure and landscape, ensuring the inheritance and without exerting impacts on ongoing construction investment projects.
– The partial adjustment of construction planning is prescribed as follows:
+ The partial adjustment of construction planning only applies to particular-function
zones;
+ The partial adjustment of construction planning for particular-function zones may be carried out when the proposed adjustment contents do not greatly affect the characteristics, functions, boundaries and general development orientations of the planning zones and the major planning solutions of the areas under the construction subzone planning or construction detailed planning;
+ The partial adjustment of construction planning for particular-function zones must clearly define the adjustment scope, extent and contents; ensure the continuity and synchronism of the general planning for construction of particular-function zones or construction subzone planning or existing construction detailed planning, based on the analysis and identification of reasons for adjustment; socio-economic effectiveness of the adjustment; solutions to problems caused by the construction planning adjustment.
Order of overall adjustment of construction planning
– Based on the socio-economic development situation and factors affecting the development of regions, particular-function zones, rural areas; the adjustment conditions and after reviewing the construction planning, the construction planning agencies shall report the overall adjustment of the construction planning to agencies competent to approve construction planning for consideration and decision.
– Agencies or persons competent to approve construction planning shall give in-principle approval of the overall adjustment of construction planning.
– The formulation of, consultation on, appraisal and approval of the tasks and plans on overall adjustment of construction planning and the announcement of adjusted construction planning must comply with Articles 16 and 17 and Sections 2, 3, 4 and 5 of this Chapter.
Order of partial adjustment of construction planning
– Construction planning agencies shall make reports on the contents of, and plans for, partial adjustment of construction planning, collect opinions of communities in the planning adjustment areas and directly affected vicinities and submit them to agencies competent to approve construction planning for consideration and decision on the partial adjustment of construction master plans.
– Agencies or persons competent to approve construction planning shall decide in writing the partial adjustment based on the opinions of the construction planning-appraising agencies.
– Construction planning agencies shall update and demonstrate the adjusted contents in the construction planning dossiers. The adjusted contents of construction planning shall be publicized according to Article 42 of 2014 Vietnam Construction Law.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
The Ministry of Construction shall appraise construction planning tasks and plans falling within the approving competence of the Prime Minister.
The Ministry of Construction shall decide on the establishment of the council for appraisal of construction planning tasks and plans falling within the approving competence of the Prime Minister and construction plans formulated by the Ministry of Construction. The Ministry of Construction shall act as the standing body of the appraisal council.
An appraisal council shall be composed of representatives of state management agencies, socio-professional organizations and experts in the relevant fields.
Conclusion: So the above is Appraisal and approval of construction planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
