Decision No. 23/2024/QD-TTg creates conditions for more flexible and effective management and development of urban areas and functional areas, while still ensuring compliance with legal regulations.
Deputy Prime Minister Tran Hong Ha has just signed Decision No. 23/2024/QD-TTg regulating the pilot decentralization of authority and procedures for approving local adjustments to urban planning and functional area construction planning approved by the Prime Minister in Da Nang city.
The Decision clearly states the pilot decentralization to the People's Committee of Da Nang City to approve local adjustments to urban planning and construction planning of functional areas approved by the Prime Minister in Da Nang City (local adjustments to urban planning and construction planning).
When making local adjustments to urban planning and construction planning according to the decentralization pilot, the People's Committee of Da Nang city must ensure compliance with the regulations on the basis, principles, conditions for local adjustment, and content of local adjustment in the law on construction planning and urban planning.
The adjusted contents do not change the nature, function, scale, boundaries, and general development orientation of the urban area and functional areas; comply with construction planning standards and other relevant standards.
Procedures for approving local adjustments to urban planning and construction planning
According to the above-mentioned pilot decentralization regulations and the regulations in Article 39 of the Law on Construction amended and supplemented in Clause 12, Article 28 of the Law amending and supplementing a number of articles of 37 laws related to planning in 2018 (Law No. 35/2018/QH14) and Article 51 of the Law on Urban Planning amended and supplemented in Clause 10, Article 29 of the Law amending and supplementing a number of articles of 37 laws related to planning in 2018 (Law No. 35/2018/QH14), the People's Committee of Da Nang City directs the implementation of the following steps:
1. Prepare a report on the content and plan for local adjustment of urban planning and construction planning.
2. Organize to collect opinions on the content of local adjustments to urban planning and construction planning.
3. Organize appraisal of local adjustments to urban planning and construction planning.
4. Approve local adjustments to urban planning and construction planning after receiving written consent from the Ministry of Construction.
5. Update and publish the content of local adjustments to urban planning and construction planning according to regulations.
6. Report the results of implementing local adjustments to urban planning and construction planning in the form of sending the Decision approving local adjustments to urban planning and construction planning to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.
Approval time not more than 15 days
The Department of Construction of Da Nang City is the agency that appraises local adjustments to urban planning and construction planning. The People's Committee of Da Nang City decides to establish a Council for appraisal of local adjustments to urban planning and construction planning. The Department of Construction of Da Nang City is the standing agency of the Appraisal Council.
The People's Committee of Da Nang City approves local adjustments to urban planning and construction planning after receiving written consent from the Ministry of Construction.
The Decision clearly states that in case there are different opinions between the People's Committee of Da Nang City and the Ministry of Construction on the content of local adjustments, the People's Committee of Da Nang City shall follow the opinion of the Ministry of Construction.
The time for approving local adjustments to urban planning and construction planning shall not exceed 15 days from the date of receiving complete and valid documents as prescribed (excluding the time for obtaining opinions from the Ministry of Construction).
According to the Decision, no later than 15 days from the date of approval by the competent authority, local adjustments to urban planning and construction planning must be posted on the Vietnam Urban Planning and Construction Information Portal (http://quyhoach.xaydung.gov.vn) and publicly announced in the forms prescribed in the Law on Construction and the Law on Urban Planning./.
Source: https://www.vietnamplus.vn/thi-diem-phan-cap-tham-quyen-phe-duyet-dieu-chinh-quy-hoach-do-thi-da-nang-post1001367.vnp
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