What is construction planning? Publicly announce construction planning? Responsibility to organize public announcement of construction planning? Form of publicizing construction planning information? Today, LSX Lawfirm will give you an article about: “Responsibilities for publicizing construction planning in Vietnam”, as follows:
Legal grounds
Law on construction 2014
Each area, whether rural or urban, needs to have construction plans oriented to both economic and social development for that area. Construction planning made public to the people as well as other agencies and organizations in the society, this is an indispensable activity.
What is construction planning?
In the 2014 Law on Construction, amended and supplemented in 2020, it stipulates that
Accordingly, “Construction planning is the spatial organization of urban and rural areas and specific functional areas; then organization of a system of technical and social infrastructure works; to create an appropriate environment for people living in the territories; ensure a harmonious combination of national interests with community interests; to meet the goals of socio-economic development; national defense and security. environmental protection, response to climate change. Construction planning expressed through a construction planning project including diagrams, drawings, models and explanations. (Clause 30 Article 3)
Thus, construction planning is an activity of organizing the infrastructure of a certain area. The construction planning is based on natural factors such as topography; climate and human, economic, social, etc. factors of that area. At the same time, the construction planning also needs to be consistent with the construction goals of the area. Construction planning can be divided into urban construction planning, inter-district construction planning; district construction planning, functional area construction planning, rural planning, etc.
Along with clarifying it, we would like to send you information about types of construction planning according to current laws such as: Bases for formulating construction planning, you can also refer to the article: Responsibility to collect comments on construction planning in Vietnam. You can also refer to these article about review of construction planning.
Public announcement of construction planning
After the construction plannings and schemes approved by the competent authorities; the construction plannings publicized for the people, other agencies and organizations to know. The regulation on public announcement of construction plannin based on the principle that the State owned by the people; “people know, people do and people inspect”. construction planning; so people need to know how that construction planning done, can exercise their management rights over the country and society.
Then, public announcement of construction planning carried out within 15 days from the date the competent authority approves the construction planning. Construction planning public disclosure activities need to fully disclose information related to construction planning; accordingly; it is necessary to disclose all contents of construction planning projects and regulations on management according to construction planning construction planning project issued. However, contents related to national defense; security and state secrets shall not disclose in order to ensure military secrecy; for the sake of security and order, and to protect national sovereignty.
The implementation of public announcement of construction planning does not belong to the responsibility of a specific agency; but rather a combination of the construction planning management agency and the agency responsible for public disclosure. During the implementation of a construction planning project; the construction planning management agency needs to update the implementation and implementation situation; so that the agency responsible for publicizing the construction planning can announce the information. information to organizations and individuals.
Responsibility to organize public announcement of construction planning
-Firstly, in Article 41 of the Law on Construction 2014, amended and supplemented in 2020 stipulates the responsibility for publicizing construction planning as follows:
For construction plannings of inter-district regions, construction plannings of districts are prescribed as follows:
a) Provincial-level People’s Committees shall organize the announcement of construction plannings of inter-district regions;
b) The People’s Committees of districts and communes shall organize the announcement of construction plannings of the district.
-Secondly, the general planning on construction of functional zones is prescribed as follows:
a) The Ministry of Construction shall assume the prime responsibility for, and coordinate with the relevant provincial-level People’s Committees in; publicizing the planning on construction of inter-provincial functional zones under the approving competence of the Prime Minister;
b) The People’s Committees at all levels shall have to organize the publication of general planning projects on construction of functional zones within the administrative boundaries under their respective management.
-Then, the People’s Committees of all levels shall have to organize the announcement of the approved subdivision construction plannings; and detailed construction plannings of functional zones within the administrative boundaries under their management for everyone to implement. and monitor implementation.
-Then, communal People’s Committees shall publicize the construction plannings of communes and rural residential quarters.
Finally
Persons responsible for publicizing construction plannings, if they fail to organize the announcement; announce late; or incorrectly announce the approved construction planning contents, shall; depending on the nature and seriousness of their violations, be disciplined. If they cause damage, they must pay compensation according to the provisions of law.”
Thus, the responsibility for publicizing construction planning is divided into separate cases as for each different type of planning. Such a clear division is based on the nature of the planning; as well as the scale and role of the planning, ensuring the power and management of the competent authority, avoiding the overlapping of authority between the authorities. above and below.
Publication responsibility is based on the type of construction planning and the size of the construction planning to determine whether it is the responsibility of the superior agency or the subordinate agency. And based on the administrative boundaries to see which agency is responsible for that administrative unit.
Currently
The agency responsible for publicizing the construction planning is the People’s Committee at all levels; from the People’s Committee of the commune; to the People’s Committee of the district and the People’s Committee of the province. Besides, there is the cooperation of the Ministry of Construction in publicizing construction planning. Specifically, then
- Provincial-level People’s Committees shall have to organize the publication of construction plannings of inter-district regions; cooperate with the Ministry of Construction in publicizing the planning on construction of inter-provincial functional zones under the approving competence of the Prime Minister; publicize the general planning project on construction of functional zones within the administrative boundaries managed by the People’s Committee of that province; publicize approved subdivision construction plannings; and detailed construction plannings of functional zones within administrative boundaries managed by the People’s Committee of that province
- Then, the district-level People’s Committee is responsible for publicizing the construction planning of the district; publicize the general planning project on construction of functional areas; publicize approved subdivision construction planning project and approved functional zone construction detailed planning within administrative boundaries managed by district People’s Committee.
- Commune-level People’s Committees shall publicize construction plannings of communes and rural residential quarters, and publicize construction plannings of district areas. And the commune-level People’s Committee is also responsible for publicizing the general planning project on construction of functional areas; publicize approved subdivision construction planning projects and detailed construction plannings of functional zones within the administrative boundaries of the commune
Thus
It is the publicizing of construction planning is carried out so that all people; agencies and organizations can know and exercise the right to supervise when such construction planning implemented perform.
Publication of construction planning is a mandatory activities to perform within the statutory time limit, and to publish accurate information on construction planning. For violations; they handled according to the provisions of law, which can be disciplinary action; or examined for penal liability if there are signs of crime; in case of untimely publication; incorrect publication of contents or damage caused by failure to organize the announcement; compensation for damage make.
Related questions
Information disclosure is carried out in various forms. Currently, in the digital technology era, the most preeminent method is online publication, that is, publication through the websites of planning agencies, planning agencies, and other agencies. State management of construction planning. This is the agency directly related to construction planning. In addition, the planning can also be announced on the mass media. These two methods are very easy to access, regardless of who can access the content of construction planning. (Clause 1, Article 42 of the Law on Construction 2014, amended and supplemented in 2020).
Besides announcing the planning online, through the mass media, the construction planning can also be announced in other forms such as in the conference to announce the construction planning; or through the display of panels, drawings, models in public places and through printed and published construction planning maps.
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