Vietnam law has regulations on organization of implementation of construction planning. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on publicization of construction planning? Who has Responsibility to publicize construction planning? Thanks for answering me!”
Legal grounds
2014 Vietnam Construction Law
Publicization of construction planning
– A construction plan shall be publicized within 30 days after it is approved.
– The to be-publicized contents of construction planning include the basic contents of the construction plan and regulations on management according to the promulgated construction plan, except contents related to national defense, security and state secrets.
– The construction planning-managing agencies shall fully update the situation of implementation of the approved construction plans so that the competent agencies shall promptly publicize them to organizations and individuals for knowledge and supervision in the process of implementation.
Responsibility to publicize construction planning
– For regional construction planning:
+ The Ministry of Construction shall assume the prime responsibility for, and coordinate with related provincial-level People’s Committees in. publicizing inter-provincial construction planning which falls within the approving competence of the Prime Minister.
+ Provincial-level People’s Committees in the planning regions shall organize the publicization of regional construction planning falling within the approving competence of the Prime Minister, except for the types of planning prescribed at Point a of this Clause;
+ District-or commune-level People’s Committees in the planning regions shall organize the publicization of regional construction planning which falls within the approving competence of their provincial-level People’s Committees.
– For general planning for construction of particular-function zones:
+ The Ministry of Construction shall assume the prime responsibility for, and coordinate with the related provincial-level People’s Committees in, publicizing the inter-provincial plans on construction of particular-function zones, which fall within the approving competence of the Prime Minister.
+ The People’s Committees at different levels shall publicize general plans on construction of particular-function zones within their respective administrative boundaries.
– The People’s Committees at different levels shall publicize the approved sub-zone construction plans and detailed planning for construction of particular-function zones within the administrative boundaries under their management to people for implementation and supervision of the implementation.
– Commune People’s Committees shall publicize the commune and rural residential quarter construction planning.
– Within 30 days after the construction planning is approved, the People’s Committees at different levels shall publicize it.
– If persons responsible to publicize the construction planning do not publicize, delay the publicization or falsely publicize the contents of approved construction planning, they shall be disciplined or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall compensate therefor in accordance with law.
Forms of publicizing construction planning
– An approved construction plan shall be publicized on the website of the state management agency in charge of construction planning.
– In addition to the form of publicization prescribed in Clause 1 of this Article, competent persons may decide on other forms of publicization as follows:
+ Organizing conferences to publicize the construction planning, with the participation of representatives of related organizations and agencies, Vietnam Fatherland Front Committee, representatives of people in the planning region and of the press agencies;
+ Public, regular and continuous display of panels, drawings and mock-ups at public places and offices of construction planning management agencies at all levels and at offices of commune-level People’s Committees, for detailed construction planning;
+ Printing and widely distributing construction planning maps and regulations on management of approved construction planning.
Provision of information on construction planning
– Information on construction planning shall be provided in the following forms:
+ Publicizing construction plan dossiers;
+ Explaining the construction planning;
+ Providing information in writing.
– Construction planning-managing agencies shall provide information on construction locations, construction boundaries, red-line boundaries, construction levels and other information relating to the planning when so requested by organizations and individuals within the scope of construction plans under their management.
The People’s Committees at different levels shall organize the receipt and processing of requests and provision of information upon request.
Within 15 days after receiving a request, the construction planning-managing agency shall provide information in writing to the requester.
– Requesters for the provision of information in writing shall pay a charge for the provision of information.
– Information providers shall take responsibility before law for the time of information provision and the accuracy of the provided documents and data.
Planting of construction boundary markers on the field
– The planting of construction boundary markers on the field shall be carried out for construction general plans, construction sub-zone plans and construction detailed plans.
– The planting of boundary markers under approved construction planning covers the planting of red-line markers, construction boundary markers, construction level markers and no-construction zone boundary markers under the approved boundary marker dossiers.
– After the construction plans are approved by competent state agencies, the People’s Committees at different levels have the following responsibilities:
+ To organize the compilation and approval of dossiers on boundary marker planting under the approved construction planning. The time limit for compilation and approval of boundary marker dossiers is 30 days after the construction plans are approved. The planting of boundary markers on the field shall be completed within 45 days after the boundary marker dossiers are approved;
+ To organize the planting of boundary markers on the field for construction detailed plans after the investors are selected.
– Responsibility to organize and conduct the boundary marker planting is prescribed as follows:
+ Provincial-level People’s Committees shall direct the planting of construction boundary markers for construction plans within their respective administrative boundaries;
+ District-level People’s Committees shall organize the planting of construction boundary markers for construction plans within their respective administrative boundaries;
+ Commune-level People’s Committees shall plant construction boundary markers for construction plans within their respective administrative boundaries.
– Boundary marker planting dossiers shall be made by professional units.
– Boundary markers must be durable, of standard sizes and inscribed with information as prescribed, conspicuous, safe for humans and means of transport passing by and suitable to the terrain of their planting areas.
– Commune-level People’s Committees shall protect the on-field boundary markers.
– The construction planning-managing agencies shall keep the approved boundary marker planting dossiers and provide documents related to boundary markers to organizations and individuals upon request.
– When construction planning is adjusted, the boundary markers shall be adjusted according to the adjusted planning.
– Those who commit acts of planting boundary markers or construction level markers at wrong locations, removing or destroying boundary markers or construction level markers shall be disciplined, administratively sanctioned or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall pay compensations therefor in accordance with law.
Principles of management of construction under construction planning
– The management of construction investment must be based on the construction planning approved by competent agencies.
– The construction, repair or renovation of architectural works, technical and social infrastructure facilities and houses must conform with the approved construction detailed planning and comply with the law on construction.
Introduction of construction locations
– The construction planning-managing agencies shall introduce construction investment locations to project owners when so requested.
– Locations introduced for construction investment must conform with construction planning, sizes, investment characteristics, save construction land; not affect the socio-economic development and environment of the regions, particular-function zones and rural areas.
Construction planning permits
– Construction planning permit means a document granted by a competent state agency to the owner of a construction investment project in a particular-function zone, which serves as a basis for detailed planning or project formulation when the sub-zone planning or construction detailed planning is not yet approved.
– The grant of construction planning permits shall be based on the requirements on particular-function zone development management and control, technical regulations on construction planning, management regulations under the general planning for construction of particular-function zones.
– A construction planning permit must cover the scope and size of the planning area, the permitted construction-planned land use quota, the requirements on land exploitation and use, organization of architectural space, ground and underground technical and social infrastructures, landscape and environment protection in the project area, and its validity duration.
– The competence to grant construction planning permits is prescribed as follows:
+ Provincial-level People’s Committees shall grant construction planning permits for construction investment projects in national-level particular-function zones;
+ District-level People’s Committees shall grant construction planning permits for construction investment projects other than those prescribed at Point a of this Clause.
– Organizations and individuals that are granted construction planning permits shall pay a fee in accordance with the law on charges and fees.
– The Government shall detail the contents and order of granting construction planning permits.
Management of the implementation of construction planning
– Provincial-level People’s Committees shall direct the formulation of programs and plans for implementation of construction planning for development of urban and rural areas and particular-function zones in areas under their respective management in accordance with the approved construction planning.
– The Ministry of Construction shall direct and coordinate the management of inter- provincial construction planning, covering:
+ Determination of the list of programs and plans for implementation of the planning, priority investment projects to construct regional technical and social infrastructure systems;
+ Attraction and distribution of investment capital sources for development of regional technical and social infrastructure systems;
+ Review, adjustment, examination and inspection of the implementation of inter- provincial construction planning:
+ Assumption of the prime responsibility for, and coordination with chairpersons of related provincial-level People’s Committees in, periodically reporting to the Prime Minister on the implementation of inter-provincial construction planning according to the implementation stages.
– A plan on implementation of construction planning must determine the implementation time for every specific area, ensuring conformity with the construction planning objective and resources for implementation of the construction planning.
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Frequently asked questions
A construction plan shall be publicized within 30 days after it is approved.
The construction planning-managing agencies shall fully update the situation of implementation of the approved construction plans so that the competent agencies shall promptly publicize them to organizations and individuals for knowledge and supervision in the process of implementation.
Within 30 days after the construction planning is approved, the People’s Committees at different levels shall publicize it.
Conclusion: So the above is Organization of implementation 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
