DECISION

GRANT OF PLANNING PERMIT IN THE TERRITORY OF HANOI CITY

THE PEOPLE’S COMMITTEE OF HANOI CITY

Pursuant to the Law on the organization of people’s councils and people’s committees dated November 26, 2003;

Pursuant to the Law on urban planning dated June 17, 2009;

Pursuant to the Government’s Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban plans;

Upon the request of Hanoi City Department of Planning and Architecture at the Statement No. 2813/TTr-QHKT dated August 16, 2011 and assessment opinions of Hanoi City Department of Justice at the Official Dispatch No. 599/STP-VBPQ dated April 14, 2011;

HEREBY DECIDES:

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This Decision provides regulations on grant of planning permit in accordance with the Law on urban planning in the territory of Hanoi City.

Organizations and individuals relevant to the grant of planning permit must comply with regulations hereof and relevant legislative documents.

Article 2. General regulations on planning permit

1. Planning permits are granted to the investors who are qualified to execute construction projects.

2. A planning permit is used as the basis for an investor’s formulation of missions and planning project for each concentrated construction project or the master plan for a construction project for which the 1/500-scale detailed construction planning is not required; it is also used as the basis for grant of approval for detailed planning, master plans and construction projects by regulatory authorities.

3. The investor is required to obtain the planning permit when organizing the formulation of detailed planning, investment project and execution of the construction project.

Article 3. Definitions and cases requiring planning permit

1. Definitions:

a. Single construction project refers to a project on construction of an architectural work, including apartment buildings.

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c. Housing referred to in Point c Clause 1 Article 71 of the Law on urban planning means single-detached houses (including villas single-detached houses of households and individuals). The construction of these single-detached houses is managed through building permits issued in accordance with regulations of the Law on construction and other relevant legislative documents.

d. Related residential community refers to the group of people who are living in and outside the region for which the planning permit is expected and are under the direct influence of the execution of the project in terms of technical infrastructure, social infrastructure and environment conditions.

e. Community representative is a legal representative of the residential community who shall take charge of getting ideas of people living in the planning region and working with competent planning authorities about contents of the planning permit; a community representative may be the leader or vice-leader of a residential group, the head or vice-head of a hamlet or village, the head of the fatherland front, women’s association, youth union, or a relevant authority in the region where ideas are sought.   

2. Cases where planning permit is granted:

a. A concentrated construction project located in an urban region where zoning plan is unavailable or in a region where the 1/5000-scale master construction plan or the 1/2000-scale detailed plan (which is formulated according to regulations of the Law on construction in 2003 before the Law on urban planning comes into force) and the 1/500-scale detailed plan is not available.

b. A concentrated construction project located in an urban region where the zoning plan or the 1/2000-scale detailed construction plan, or the 1/5000-scale master construction plan has been approved under regulations of the Law on construction in 2003 but it lacks reasonable grounds for formulating the detailed plan (including projects of which boundaries, scale, planned land area and relevant technical infrastructure requirements are not specified in the approved zoning plan).

c. A Single construction project located in an urban region where the detailed plan or the urban design is not available, except projects on construction of villas and single-detached houses for households and individuals.

d/ A concentrated or single construction project located in the region where an approved detailed plan is available but it's necessary to modify some contents concerning boundaries or land-use indicators of a land plot.

Article 4. Procedures for processing application for planning permit

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2. Pursuant to requirements concerning the management and monitoring of urban actual developments, national standards for urban planning, regulations on management of urban planning, statutes on management of urban planning and architecture and in consideration of the request of investors, authorities in charge of evaluating application documentation for planning permit shall check the received application documentation, get opinions from relevant authorities about the issuance of planning permit, and submit the evaluated application documentation to regulatory authorities for issuing planning permit to eligible applicants.

3. With regard to investment projects referred to in Point c and Point d Clause 2 Article 3 hereof, during the evaluation of application documentation for planning permit, the authority in charge of evaluating the application documentation for planning permit shall cooperate with the People’s Committee of ward, ward or town in getting ideas from community representatives about contents of the planning permit, legitimate admission which substitutes official fraud term.  Community representatives shall get and consolidate ideas from people living in the residential community in accordance with regulations on grassroots-level democracy.

4. With regard to investment projects referred to in Point d Clause 2 Article 3 hereof, if procedures for compensation for site clearance have been completed, the decision on land appropriation and allocation is in effect and there are no residences within the project area and surrounding areas, People's Committees of communes, wards or towns shall be the highest level whose opinions are asked for by competent planning authorities.

Article 5. Time limit for processing application for planning permit

1. An application for the planning permit must be processed within a maximum period of 45 days from the receipt of the valid application. To be specific:

a. The evaluation of the application documentation and collection of opinions from relevant agencies must be completed within 30 days from the receipt of the valid application.

b. The competent authority shall consider and issue the planning permit within 15 days from the receipt of the evaluated application documentation submitted by the evaluating authority.

2. Relevant agencies must give written response to the authority in charge of evaluating the application for planning permit within 10 days from the receipt of the written request from the evaluating authority.

3. Each People's Committee of ward, commune or ward shall get ideas from related residential communities and send the written consolidation of ideas of community representatives to the evaluating authority within 15 days from the receipt of the written request for ideas from the evaluating authority.

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Article 6. Application documentation for planning permit

1. The application form for the planning permit made according to Form 1 or Form 3 enclosed herewith;  

2. Drawing of the region for which the planning permit is applied (For the land plots allocated to land users by competent authorities or projects prescribed in Point c and Point d Clause 2 Article 3 hereof, the location drawing, the land plot boundaries for which the planning permit is applied shall be displayed on the existing status map of 1/500 - 1/200 scale or the approved detailed plan);

3. The statement of estimated scope and boundaries of the land plot for which the planning permit is applied and planned urban land-use indicators.

4. The planned investment contents, project scale and total investment.

5. The report on legal status and financial capacity for executing the investment project.

Based on contents of the planning permit requiring opinions or ideas from relevant agencies and community representatives, the evaluating authority shall request the investor to provide adequate sets of application documentation.

Article 7. Contents of planning permit

1. With regard to concentrated construction projects prescribed in Point a and Point b Clause 2 Article 3 hereof, the planning permit includes:

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b) Scope, boundaries, scale of land and population at the planned urban region;

c) Indicators of using land for constructing residential houses, commercial service buildings, social infrastructure facilities, green spaces and traffic systems; indicators of using planned urban land for the entire planning region; requirements concerning space architecture, landscape and environment; requirements concerning indicators and central urban technical infrastructure works which are used as the basis for formulation of missions and detailed planning project or the master plan (for a construction project for which the planning or the 1/500-scale detailed construction plan is not required as regulated by the Law on urban planning), and formulation of the construction project.

d) Validity of the planning permit.

2. With regard to construction projects prescribed in Point c and Point d Clause 2 Article 3 hereof, the planning permit includes:

a) The investor;

b) Scope, boundaries, land area of the planned urban region;

c) Indicators of using planned urban land such as construction height, land use coefficients, construction density; structural architecture and environment requirements; requirements concerning urban technical infrastructure indicators and others which are used as the basis for formulation of missions and the 1/500-scale detailed planning project or the master plan (for a construction project for which the 1/500-scale detailed construction plan is not required as regulated by the Law on urban planning), and formulation of the construction project.

d) Validity of the planning permit.

Article 8. Validity of the planning permit

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2. The planning permit for a single construction project shall be valid from the date of issue until the investment project is approved but not exceed 12 months.

Article 9. Power to issue planning permit

1. The People’s Committee of Hanoi City shall consider issuing planning permit for large-scale projects of more than 50 hectares of land, including:

a) Investment projects prescribed in Point a Clause 2 Article 3 hereof on a city scale.

b) Investment projects of great political, social-economic, cultural, historical or architectural importance, or on construction of special landscape areas of Hanoi City.

c) Investment projects whose scale involves two urban/suburban districts or more.

d) Investment projects prescribed in Point c and Point d Clause 2 Article 3 hereof at the central urban region (within the scope of Ring Road No. 4); satellite urban regions (Son Tay; Hoa Lac, Xuan Mai; Phu Minh – Phu Xuyen and Soc Son) and eco-towns such as Phuc Tho, Quoc Oai, Chuc Son.

2. The People’s Committee of Hanoi City shall authorize Hanoi City Department of Planning and Architecture to consider issuing planning permit for projects with a scale of 50 ha or smaller in the cases prescribed in Clause 1 of this Article.

3. The People’s Committee of Hanoi City shall authorize the Management Boards of Industrial Parks and Export Processing Zones in Hanoi City to consider issuing planning permit for investment projects under their management.

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Article 10. Power to evaluate applications for planning permit

1. Hanoi City Department of Planning and Architecture shall receive and evaluate application documentation for investment projects prescribed in Clause 1 Article 9 hereof, and submit evaluated application documentation to the People’s Committee of Hanoi City for issuing planning permit; receive and evaluate application documentation, and issue planning permit for investment projects authorized by the People’s Committee of Hanoi City in accordance with regulations in Clause 2 Article 9 hereof.

2. Management Boards of Industrial Parks and Export Processing Zones shall receive and evaluate application documentation, and issue planning permit for investment projects prescribed in Clause 3 Article 9 hereof (after obtaining the written approval for contents of planning permit from Hanoi City Department of Planning and Architecture).

3. Urban Management Subdepartments of urban/rural districts or provincially-controlled towns shall receive and evaluate application documentation for planning permit, and submit evaluated application documentation to People’s Committees of such urban/suburban districts or towns for issuing planning permit for investment projects prescribed in Clause 4 Article 9 hereof (after obtaining the written approval for contents of planning permit from Hanoi City Department of Planning and Architecture).

Article 11. Responsibility to get and give opinions about contents of a planning permit

1. Relevant departments and subdepartments of Hanoi City are responsible for giving opinions about contents of planning permit at the request of authorities in charge of evaluating the application documentation for planning permit;

2. People’s Committees of wards, communes or towns shall get opinions from community representatives about contents of planning permit at the request of authorities in charge of evaluating the application documentation for planning permit.

Article 12. Fees for processing application for planning permit

The Ministry of Finance shall provide regulations on fees for processing applications for planning permit. If legislative documents on fees for processing applications for planning permit, collection, transfer, management and use thereof are not available, payment of fees is not required.  

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1. Planning permit is issued to eligible applicant and kept by the issuing authority and the authority in charge of evaluating the application documentation for planning permit.

2. The authority issuing the planning permit shall send copies of the issued planning permit to Hanoi City Department of Planning and Architecture (for investment projects which are not under the evaluation jurisdiction of Hanoi City Department of Planning and Architecture), Hanoi City Department of Construction, Hanoi City Department of Natural Resources and Environment, Hanoi City Department of Transport and the People’s Committee of urban/rural district or provincially-controlled town where the planned land plot is located.

3. Investors must comply with the issued planning permits in the course of formulating missions and the 1/500-scale detailed planning project or the master plan, formulating and executing the investment project. Any investor that fails to comply with this regulation shall have the planning permit revoked and must incur penalties for that violation in accordance with applicable regulations.

Article 14. Implementation organization 

1. Hanoi City Department of Planning and Architecture shall instruct and cooperate with People’s Committees of urban/rural districts or provincially-controlled towns in organizing and inspecting the issuance of planning permit, inspecting the compliance with planning permits by organizations and individuals, reporting competent authorities of any violations against regulations on planning permit and handle violations in accordance with applicable regulations.

2. Hanoi City Department of Finance shall provide guidelines on management and use of fees for processing applications for planning permit after receiving guidance from the Ministry of Finance.

Article 15. Implementation 

This Decision comes into force 10 days after it is signed.

Difficulties that arise during the implementation of this Decision should be reported to Hanoi City Department of Planning and Architecture for submitting a consolidated report to the People's Committee of Hanoi City for consideration.

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ON BEHALF OF THE PEOPLE’S COMMITTEE OF HANOI CITY
CHAIRMAN




Nguyen The Thao

APPENDIX

DOCUMENT FORMS
(Enclosed with the Decision No. 27/2011/QD-UBND dated August 30, 2011 by the People’s Committee of Hanoi City)

1. Form 1: Application form for planning permit (for a concentrated construction project).

2. Form 2: Planning permit (for a concentrated construction project).

3. Form 3: Application form for planning permit (for a single construction project).

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FORM NO. 1

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION FOR PLANNING PERMIT

  (For a concentrated construction project)

To: …………………………………

1. Investor:...........................................................................................

- Representative: .......................................................................... Position: ……………………………………………………….

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- House number: ..................................... Street: .....................................

Ward (commune/town): ..................................... Urban/rural district or provincially-controlled town: .....................................

Province or city: ............................……………………………...............

- Telephone:…………………………………………………………………….

2. Location and scale of the planned investment region: .....................................

- Ward (commune): ..................................... Urban/rural district or provincially-controlled town: .....................................

- City: ............................……………………………...............

- Planned scope of investment: ..........................................................................

- Scale, area: ...............................................................................................................

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3. Investment contents: ..........................................................................

- Planned functions: ................................................................................................

- Planned land use structure: .................................................................................................

4. Total investment planned: .................................................................................................

5. Commitment: I undertake to comply with contents of the issued planning permit and I shall be legally responsible for any violations and liable for penalties as regulated by laws.  

Enclosed documents:

- Existing status map of the land location.
- ………..

……..…….[place], on………[date]
Applicant
(seal, signature and full name)

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FORM NO. 2

Issuing authority
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Hanoi,……………........[date]

PLANNING PERMIT

No.: .………… /GPQH               
  (For a concentrated construction project)

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- Address:…………………………………………………………..…………………………….

- House number: ..................................... Street: .....................................

- Ward (commune/town): ..................................... Urban/rural district or provincially-controlled town: .....................................

- Province or city: ............................……………………………...............

2. Licensed contents:

- Project name: ................................................................................................

- Location:………………………………………………….

- Boundaries: ..........................................................................

- Land scale: ...............................................................................................................

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- Land use structure: .................................................................................................

(land for traffic works, verdures, public works, etc.)

- Construction density of the whole region: …………………………………………………………………………

- Maximum height of the construction: ..............................................................................

- Land use coefficient: .................................................................................................

- Space, architectural and landscape requirements: .........................................................

- Technical infrastructure and environment requirements: .................................................

3. Validity of the planning permit: ................................................................................

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Issuing authority
(signature and seal)

Form 2: Planning permit (for a concentrated construction project, using A4 paper with light green background).

FORM NO. 3

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION FOR PLANNING PERMIT

  (For a single construction project)

To: …………………………………

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- Representative: .................................................................... Position: …………………

- Address: .....................................................................................................................  

- House number: ..................................... Street: .....................................

Ward (commune/town): ..................................... Urban/rural district or provincially-controlled town: .....................................

Province or city: ............................……………………………...............

- Telephone:…………………………………………………………………….

2. Location and scale of the planned investment region: .....................................

- Ward (commune/town): ..................................... Urban/rural district or provincially-controlled town: .....................................

- City: ............................……………………………...............

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- Scale, area: ...............................................................................................................

- Current land-use status: …………………………………………………………………….

3. Investment contents: ..........................................................................

- Functions of the construction work: ....................................................................................

- Construction density:………………………………………………….

- Height of the construction works: ................................................................................

- Number of storeys: ...........................................................................................

- Land use coefficient: .................................................................................................

- Total floor area planned:……………………………………………………………………..

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5. Commitment: I undertake to comply with contents of the issued planning permit and I shall be legally responsible for any violations and liable for penalties as regulated by laws. 

Enclosed documents:

- Existing status map of the land location.
- ………..

……..…….[place], on………[date]
Applicant
(seal, signature and full name)

Form 3: Application form for planning permit (for a single construction project).

FORM NO. 4

Issuing authority
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Hanoi,……………........[date]

PLANNING PERMIT

No.: ………/GPQH               
  (For a single construction project)

1. This planning permit is issued to the investor:...........................................................................................

- Address:…………………………………………………………………………..………………

- House number: ..................................... Street: .....................................

- Ward (commune/town): ..................................... Urban/rural district or provincially-controlled town: .....................................

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2. Licensed contents:

- Project name: ................................................................................................

- Location:………………………………………………….

- Boundaries: ..........................................................................

- Area of land plot: ……………………………………………………..  

- Functions of the land plot: .................................................................................................

- Construction density:………………………………………………….

- Height of the construction works: ................................................................................

- Land use coefficient of the land plot: .................................................................................

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- Architectural requirements: .........................................................................

- Technical infrastructure and environment requirements: ..................................................

3. Validity of the planning permit: ................................................................................

Issuing authority
(signature and seal)

Form 4: Planning permit (for a single construction project, using A4 paper with light green background).