According to the Decision, the Provincial People's Committee is responsible for preparing a dossier for local planning adjustment or decentralizing it to specialized agencies and other administrative organizations under the Provincial People's Committee. The preparation of a dossier for local planning adjustment can be done by itself or by selecting a consulting organization that meets the requirements prescribed by the Law on Urban and Rural Planning 2024, following the principle of ensuring independence between the preparation, appraisal and approval of local urban and rural planning adjustment.
The composition and content of the dossier for local adjustment of urban and rural planning shall comply with the regulations of the Ministry of Construction on planning task dossiers and urban and rural planning dossiers.
Appraisal of dossiers for local adjustment of urban and rural planning within no more than 20 days
The specialized agency for urban and rural planning under the People's Committee of the province is the agency that appraises local adjustments to urban and rural planning (Appraisal agency).
The appraisal agency shall synthesize the appraisal results in writing, report to the Provincial People's Committee for consideration and approval; and be responsible before the law, the Provincial People's Committee and the Ministry of Construction for the results of its local adjustment appraisal.
The appraisal contents include: Compliance with the order and procedures for making local adjustments to urban and rural planning according to the provisions of this Decision; assessment of the conformity of the proposed contents with the provisions on the basis, conditions, and contents of local adjustments according to the provisions of the law on urban and rural planning; assessment of the conformity with current standards on construction planning and other relevant standards; assessment of the conformity with the principles and requirements on urban and rural planning prescribed in Articles 6 and 7 of the Law on Urban and Rural Planning.
Appraisal time shall not exceed 20 days from the date of receipt of complete and valid documents as prescribed.
Approval of local adjustments to urban and rural planning
The Provincial People's Committee approves local adjustments to urban and rural planning after receiving written comments from the Ministry of Construction.
The content of the Ministry of Construction's comments includes: Basis, conditions and content of local adjustment of urban and rural planning; conformity with construction planning standards and other relevant standards.
The dossier sent to the Ministry of Construction for comments includes: Documents from the Provincial People's Committee sent to the Ministry of Construction; dossiers according to regulations and draft appraisal report of the Appraisal Agency.
The dossier for consultation with the Ministry of Construction includes 1 set of original paper documents and electronic documents digitized from paper documents in Portable Document Format (*.pdf) version 1.4 or higher (Including digitized A0 drawings).
The time for the Ministry of Construction to provide comments is no more than 15 days from the date of receiving a complete and valid dossier as prescribed. In case the dossier is invalid or incomplete, the Ministry of Construction must issue a written notice to the Provincial People's Committee requesting additional dossiers within 2 working days.
In case of different opinions between the Provincial People's Committee and the Ministry of Construction on the content of local adjustment, the Provincial People's Committee shall decide to approve the local adjustment of urban and rural planning according to its authority and take full responsibility before the law.
The decision to approve partial adjustment of urban and rural planning must have full contents, implementation plan and specifically identify the contents and targets to be adjusted or replaced in the Decision issued by the Prime Minister and regulations on management according to urban and rural planning approved by competent authorities.
The time for approving local adjustments to urban and rural planning shall not exceed 15 days from the date of receiving consensus from the Ministry of Construction.
Update and publish the content of local adjustments to urban and rural planning
The Decision clearly states that all contents of local adjustments to urban and rural planning must be publicly announced, except for contents related to national defense, security, and state secrets.
No later than 15 days from the date of approval by the competent authority, local adjustments to urban and rural 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 Urban and Rural Planning 2024.
Report the results of implementing local adjustments to urban and rural planning in the form of sending the Approval Decision to the Prime Minister, the Ministry of Construction, and the People's Council at the same level.
This Decision takes effect from July 1, 2025.
Source: https://baobinhphuoc.com.vn/news/9/174604/quy-dinh-dieu-chinh-cuc-bo-quy-hac-do-thi-va-nong-thon
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