Amending some regulations on urban planning

Amending and supplementing a number of regulations on construction planning.

Amending urban planning principles

In particular, Decree 35/2023/ND-CP amends and supplements a number of clauses of Article 14 of Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government on the establishment, appraisal, approval and management of urban planning, which has been amended and supplemented in Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on the establishment, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing a number of contents on construction planning.

Specifically, Decree 35/2023/ND-CP amends and supplements Clause 3, Clause 4, adds Clauses 4a, 4b, 4c and 4d after Clause 4, Article 14 - Principles of urban planning as follows:

"3. Areas within the scope of urban development subject to detailed planning when implementing construction investment according to the provisions of the Law on Urban Planning must have detailed planning to specify the general planning, zoning planning (in cases where zoning planning is required), as a basis for establishing construction investment projects, granting construction permits and implementing other tasks according to the provisions of relevant laws. For small-scale land lots specified in Clause 4 of this Article, detailed planning shall be established according to the shortened process (process for establishing master plan) according to the provisions from Clause 4a to Clause 4d of this Article.

4. Small plots of land must meet the following conditions:

a) A land plot is implemented by an investor or established by a competent state agency;

b) Having a land use scale of less than 2 hectares for investment projects to build apartment buildings or apartment complexes or having a land use scale of less than 10 hectares for investment projects to build factories, enterprises, industrial production facilities or technical infrastructure works (except for technical infrastructure works along lines) determined according to the general urban planning or provincial planning or approved technical and specialized planning or having a land use scale of less than 5 hectares for the remaining cases;

c) In areas with approved zoning plans or approved general plans for areas that do not require zoning plans.

4a. The preparation, appraisal and approval of master plans, except for the cases specified in Clause 4b of this Article, are regulated as follows:

a) Land use planning indicators and requirements on spatial organization, architecture, and landscape of the area are determined in the approved zoning plan or approved general plan for areas that do not require zoning plan, specialized requirements in provincial planning, technical and specialized planning for investment projects to build factories, enterprises, industrial production facilities, and technical infrastructure works (if any) are used to replace the task of master plan planning and are the basis for master plan planning;

b) The master plan includes the master plan drawing; the architectural plan of the project must show the location and scale of the project, project items in the land plot; specifically determine the construction elevation, construction boundaries (construction boundaries of the above-ground and underground parts of the project), construction colors and land use planning indicators in accordance with applicable standards and regulations; ensure the connection of technical infrastructure and the conformity of architectural space with the surrounding area;

c) The order and procedures for obtaining opinions, appraising and approving master plans shall follow the order and procedures for obtaining opinions, appraising and approving detailed planning projects for construction investment projects;

d) The competent authority approving the detailed planning project is responsible for approving the master plan.

4b. For construction investment projects with works in the list of state secrets, a master plan shall be prepared during the investment policy preparation step; the investor shall be responsible for obtaining written opinions from the competent authority approving the detailed plan, as a basis for implementing the next steps; the time for giving opinions shall not exceed 15 days from the date of receipt of a complete and valid dossier. The organization of implementation, management of dossiers, documents and related information shall comply with the provisions of law on protection of state secrets.

4c. Adjustment of the master plan must ensure the adjustment conditions of the detailed planning project. The procedure for adjusting the master plan shall be implemented according to the provisions in Clause 4a and Clause 4b of this Article.

4d. The master plan after being approved (including adjustments) shall be announced according to the regulations on announcing detailed planning projects.".

Principles of planning construction of special functional areas

At the same time, Decree 35/2023/ND-CP also amends and supplements a number of clauses of Article 10 of Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government detailing a number of contents on construction planning that have been amended and supplemented in Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on the preparation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing a number of contents on construction planning.

Accordingly, the Decree amends and supplements Clause 4, Clause 5, adds Clauses 5a, 5b, 5c, 5d and 5đ after Clause 5, Article 10 - Principles for planning the construction of special functional areas as follows:

"4. Areas in functional zones subject to detailed construction planning, when implementing construction investment according to the provisions of the Construction Law, must establish detailed construction planning to specify the general planning, construction zoning planning (for cases where construction zoning planning is required), as a basis for establishing construction investment projects, granting construction permits and implementing other tasks according to the provisions of relevant laws. For small-scale land lots specified in Clause 5 of this Article, detailed construction planning shall be established according to the shortened process (called the process of establishing a master plan) according to the provisions from Clause 5a to Clause 5d of this Article.

5. Small plots of land must meet the following conditions:

a) A land plot is implemented by an investor or established by a competent state agency;

b) Having a land use scale of less than 2 hectares for investment projects to build apartment buildings or apartment complexes or having a land use scale of less than 10 hectares for investment projects to build factories, enterprises, industrial production facilities or technical infrastructure works (except for technical infrastructure works along routes) determined according to the approved general construction planning or provincial planning or specialized technical planning or having a land use scale of less than 5 hectares for the remaining cases;

c) In areas with approved construction zoning plans.

5a. The preparation, appraisal and approval of master plans, except for the cases specified in Clause 5b of this Article, are regulated as follows:

a) Land use planning indicators and requirements on spatial organization, architecture, and landscape of the area determined in the approved construction zoning plan, specialized requirements in provincial planning, technical and specialized planning for investment projects on construction of factories, enterprises, industrial production facilities, and technical infrastructure works (if any) are used to replace the task of master plan planning and are the basis for making master plan planning;

b) The master plan, including the master plan drawing and the architectural plan of the project, must show the location and scale of the project and its items in the plot of land; specifically determine the construction elevation, construction boundaries (construction boundaries of the above-ground and underground parts of the project), construction colors and land use planning indicators in accordance with applicable standards and regulations; ensure the connection of technical infrastructure and the conformity of architectural space with the surrounding area;

c) The order and procedures for appraisal and approval of the master plan shall follow the order and procedures for appraisal and approval of the detailed construction planning project of the functional area;

d) The competent authority approving the detailed construction planning project of the functional area is responsible for approving the master plan.

5b. For construction investment projects with works in the list of state secrets, a master plan shall be prepared during the investment policy preparation step; the investor shall be responsible for obtaining written opinions from the competent authority approving the detailed construction plan, as a basis for implementing the next steps; the time for giving opinions shall not exceed 15 days from the date of receipt of a complete and valid dossier. The organization of implementation, management of dossiers, documents and related information shall comply with the provisions of law on protection of state secrets.

5c. Adjustment of the master plan must ensure the adjustment conditions of the detailed planning project for the construction of functional areas. The procedure for adjusting the master plan shall be implemented according to the provisions in Clause 5a and Clause 5b of this Article.

5d. The master plan after being approved and adjusted shall be publicly announced according to the regulations on announcing detailed planning projects for functional area construction.

5d. For industrial zones, the preparation of construction planning must comply with the provisions of this Decree and the law on management of industrial zones and economic zones.".

Source: https://baotainguyenmoitruong.vn/sua-doi-mot-so-quy-dinh-ve-lap-quy-hoach-do-thi-359894.html