DECREE

ELABORATION OF CONSTRUCTION PLANNING

Government’s Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which comes into force from June 30, 2015 is amended by:

Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which comes into force from August 30, 2019; 

Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction, which comes into force from June 20, 2023.

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Construction dated June 18, 2014;

At request of the Minister of Construction [1],

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Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1 [2]. This Decree elaborates some contents of the 2014 Law on Construction, including formulation, assessment and approval for construction planning; and management of implementation of construction planning;

2. This Decree applies to domestic and foreign organizations and individuals involved in construction planning within the territory of Vietnam.

Article 2. Review of construction planning

1. The construction planning shall be reviewed in order to control and evaluate the implementation of approved planning; and serve as the basis for adjustment to the planning.

2. A report on review of construction planning contains:

a) Review of formulation and development of relevant plannings and construction projects under the approved construction planning and the planning implementation plan.

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c) Analysis of new elements during the implementation of construction planning and socio-economic development in the planned area;

d) Recommendations and proposals.

dd) Reports on review of construction planning include written reports, colored drawings on an appropriate scale and other relevant documents.

Article 3. Map serving formulation of construction planning project

1. A map serving formulation of construction planning project is a topographic map at the time the construction planning is formulated.

a) If the topographic map is not available, survey and measurement shall be conducted to formulate the map in compliance with requirements of each specific construction planning project.

b) If the topographic map is available but it is not conformable with current conditions at the time the construction planning is formulated, or only the cadastral map is available, additional survey and measurement shall be conducted, thereby fulfilling requirements for formulation of construction planning project and marker planting according to construction planning.

2. The topographic map is formulated by an agency with juridical person on the basis of scope of the area under direct study for planning, and in reliance on planning tasks and survey budget estimates approved by the competent agency.

Article 4. Funding from state budget for construction planning

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a) Inter-district/district construction planning [3].

b) General construction planning and functional zoning planning [4] (if any)

c) Detailed planning for functional zone [5] that does not fall within construction projects in the form of business.

d) General commune planning and detailed rural settlement planning that do not fall within construction projects in the form of business;

2. Funding from state budget for construction planning shall be used for the following tasks:

a) Produce dossiers and carry out topographic survey in order to serve formulation of construction planning, technical infrastructure planning;

- Establish, assess and approve tasks and cost estimates for the formulation of topographic map serving the formulation of construction planning;

- Conduct collection of figures, survey, measurement and formulation of topographic map;

b) Formulate, assess and approve construction planning and technical infrastructure planning;

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- Collect opinions from state management agencies about construction planning project;

- Collect opinions from residential community during the formulation of planning;

- Manage planning tasks.

c) Organize the implementation of construction planning and technical infrastructure planning;

- Make public announcement about the planning and make plan for implementation of construction planning;

- Plant markers under the approved construction planning.  

The Ministry of Construction shall provide specific guidance on planting markers under the construction planning.

Article 5. Management of funding from state budget for construction planning

1. The head of an agency shall be responsible for managing funding from state budget for construction planning; and controlling advance payment, payment and final settlement by quantity under an economic contract. Relevant agencies shall be responsible for cooperation in inspection and supervision.

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a) The Ministry of Construction shall make a list of construction planning projects and annual plans for funding from state budget for construction plannings initiated by the Ministry of Construction and other construction plannings assigned by the Prime Minister.

b) People’s committees at all levels shall make list of construction planning projects and annual plans for funding from state budget for construction plannings within administrative management, except for construction plannings as prescribed in Points a, b, Clause 2 of this Article.

3. The Ministry of Construction shall make public announcement of norm, unit price or cost determination method for construction planning.

4. The Ministry of Finance shall provide guidance on advance payment, payment and final settlement of capital for construction planning.

Chapter II

REGULATIONS ON FORMULATION, ASSESSMENT AND APPROVAL FOR CONSTRUCTION PLANNING

Section 1. INTER-DISTRICT/DISTRICT CONSTRUCTION PLANNING [6]

Article 6. Principles of formulation of inter-district/district construction planning [7]

1. [8]. (annulled)

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3. Inter-district areas in a province and districts shall be put into inter-district/district construction planning under the decision by the Provincial People’s Committee on the basis of the Department of Construction’s proposals (Hanoi City or Ho Chi Minh City Department of Planning and Architecture), thereby meeting requirements for management and serving as the basis for functional zone planning, general planning for communes and district-affiliated urban.

4 [10]. (annulled)

Article 7. Tasks of inter-district/district construction planning [11]

1. Requirements for tasks of inter-district/district construction planning [12]:

a) [13] Grounds for determination of regional boundaries; planning targets and duration.

b) Overall description of areas under construction planning and development forecasts made by relevant industries;

c) Preliminary forecasts about size of population, land, urbanization, potential and driving force in ten-year and 20-year periods; proposals for economic-technical criteria to be applied;

d) [14] Requirements for collection of figures, analysis and assessment of natural conditions and current conditions; requirements for orientation to inter-district and district social and technical infrastructure and spatial development; requirements for strategic environmental assessment, inter-district and district construction planning management; and requirements for proposal of programs and projects of priority.”

dd) List, quantity of dossiers, products, progress and implementation;

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g) Total cost estimates for formulation of inter-district/district construction planning [15].

2 [16]. Inter-district/district construction planning tasks shall be formulated within 02 months.

Article 8. Inter-district/district construction planning project [17]

1. Inter-district/district construction planning project [18] shall fulfil planning tasks that have been approved and specific requirements as follows:

a) Analyzing and assessing natural and socio-economic conditions, urban system and rural settlements, land use, social, technical and environmental infrastructure and other elements of district characteristics;

b) Conducting assessment and review of the implementation of unexpired plannings;

c) Determining development objectives, speed of urbanization, nature, potential and driving force of regional development;

d) Making forecasts about development of economy, population, labor, demands for land, rate of urbanization in ten-year, 20-year periods; determining technical criteria on the basis of development objectives;

dd) [19] Orientating inter-district and district spatial development:

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- Carrying out zoning for the purpose of development control and management;

- Allocating and determining scale of development spaces: industry, agriculture, forestry, tourism, commerce and services, and conservation; determining size and purpose of each functional zone;

- Determining urban and rural system structure and development models in conformity with socio-economic and cultural characteristics; decentralizing and classifying cities by territorial space and administrative management; determining size of population and land for urban construction;

- Allocating and determining scale of social infrastructure, including educational, training, cultural, medical and sports centers of large scale and regional significance; commercial and service centers at district level; tourism and recreational areas and valuable cultural and historical relics;

- Allocating and determining scale of conservation areas and protected landscape areas in the district.

e) [20] Orientating inter-district and district technical infrastructure:

Determining network, position and scale of focal points of inter-district and district technical infrastructure, including technical preparation, traffic, power system, energy supply, water supply, drainage and wastewater treatment, solid waste management, cemeteries and passive telecommunications infrastructure.”

g) Carrying out strategic environment assessment:

- Environmental issues with major impacts;

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- Forecasts about environmental trends that result from formulation and implementation of planning;

- Measures for preventing and minimizing environmental issues;

2 [21]. An inter-district/district planning project shall be formulated within 12 months.

Article 9. Regulations on management of inter-district/district construction planning project [22]

Regulations on management of inter-district/district construction planning project [23] contain:

1. Scope, boundaries, size of population, land

2. Regulations on development districts and economic development spaces;

3. Regulations on management of urban and rural system

4. Regulations on locations, roles, functions and scale of social and technical infrastructure works of inter-district/district nature;

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6. Regulations on preservation of natural heritage, valuable architectural works, scenic areas, historical and cultural relics in the district;

7. Assignment and responsibilities for planning management among local authorities in the district under inter-district/district construction planning project; [24].

8. Other regulations according to typical functions of the district;

Section 2. FUNCTIONAL ZONE PLANNING [25]

Article 10. Principles of formulation of functional zone planning [26]

1. Functional zones [27] inside and outside urban area shall be put into planning as prescribed hereof.

2. [28] Functional zones (over 500 ha each) shall be put into general construction planning in conformity with provincial planning, inter-district/district construction planning and urban planning.  The approved general planning for construction of a functional zone serves as the basis for formulation of the zoning planning and detailed construction planning.

Functional zones (over 500 ha each) shall be put into the construction zoning planning, which serves as the basis for formulation of the detailed construction planning and construction project classification, if such classification is included in the approved general urban planning.”.

3. Areas inside functional zones [29] or functional zones (less than 500 ha each) shall be put into construction zoning planning in order to serve as the basis for identification of construction projects and formulation of detailed construction planning according to requirements for management and development.

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5. [33] Small-scale land plots shall meet the following requirements:

a) The land plot is set up by a small investor or a competent authority;

b) It is required to have a land use scale of less than 2 ha, for investment projects on construction of apartment buildings or apartment complexes, or a land use scale of less than 10 ha, for investment projects on construction of factories, enterprises, industrial production establishments or technical infrastructure works (except for linear technical infrastructure works) determined according to general construction planning or provincial planning or technical and specialized planning that has been already approved, or a land use scale of less than 5 ha for the remaining projects;

c) The land plot is located in an area that there is an approved construction zoning planning.

5a. [34] Formulation, appraisal and approval for general ground planning, except for the case specified in Clause 5b of this Article:

a) Land use planning criteria and requirements for spatial organization, architecture and landscape of the area shall be determined in the approved construction zoning planning project and specialized requirements in provincial planning, technical and specialized planning with regard to investment projects on construction of factories, enterprises, industrial production establishments, technical infrastructure works (if any) may be used to replace tasks of general ground planning and serve as the basis for formulation of general ground planning;

b) The general ground planning includes general ground drawings; the work architecture plan shall show the location, scale of the work and work items in the land plot; the construction ground level, the construction boundary (the construction boundary of floating and underground parts of the work), the color of the work and the planned land use norms shall be determined according to applicable regulations and standards; the connection of technical infrastructure shall be ensured and the architectural space shall be consistent with that of the surrounding area;

c) Procedures for appraisal and approval for the general ground planning shall be the same as those for the detailed planning project on construction of functional zones;

d) The competent authority that approves the detailed planning project on construction of special purpose zones shall be responsible for approval for the general ground planning.

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5c. [36] The adjustment in the general ground planning shall fulfil adjustment conditions of the detailed planning project on construction of functional zones  Procedures for adjustment in the general ground planning shall comply with regulations of Clauses 5a and 5b of this Article.

5d. [37] After being approved and adjusted, the general ground planning shall be published according to regulations on publication of detailed planning projects on construction of functional zones.

5dd. [38] Regarding industrial parks, the formulation of construction planning shall comply with regulations of this Decree and the law on management of industrial parks and economic zones.

6. [39] In case a boundary or some land use targets need(s) to be revised to execute a centralized or separate construction project within the area already mentioned in the approved detailed construction planning, the authority with competence in approving the detailed planning shall decide to partially revise the planning according to contents of the approved planning, national technical regulations on construction planning, conditions of technical and social infrastructure of the area and architecture management regulation.  The planning shall be partially revised in accordance with regulations of laws.

Article 11. Tasks of functional zone planning [40]

1. Requirements for tasks of functional zone planning [41]:

a) Arguments, scope and boundaries for general planning for functional zones [42]; planning foundations; objectives and tasks of planning;

b) Determination of characteristics and roles of functional zones [43] in the region; vision formulation.  Preliminary forecasts about size of population and economic-technical criteria according to regional development objectives; identification of basic criteria for land and technical infrastructure.

c) Basic principles of analysis and assessment of natural and current conditions; research and exploitation of potential and driving force; orientation to space arrangement, social and technical infrastructure; strategic environment assessment and other requirements for peculiar development objectives in the area

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dd) Total budget estimates for planning for functional zones [44].

2. Requirements for tasks of functional zoning planning [45]:

a) Arguments, determination of scope, boundaries, area and characteristics of areas to be put into zoning planning;

b) Determination of basic criteria for population, land use, social and technical infrastructure on the basis of the approved general planning and inter-district/district construction planning [46];

c) Requirements and basic principles of analysis and assessment of natural and current conditions; requirements for functional zone zoning, space organization and technical infrastructure in conformity with the approved general planning, inter-district/district construction planning [47] and surrounding area;

d) Requirements for strategic environment assessment and other requirements in conformity with peculiar development objectives in the area;

dd) List, quantity of dossiers, products, progress and implementation;

e) Total budget estimates for the formulation of functional zone zoning planning [48].

3. Requirements for tasks of detailed construction planning:

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b) Basic principles of analysis and assessment of natural and current conditions; requirements for landscape architecture and technical infrastructure in conformity with the approved zoning planning and general planning; requirements for strategic environment assessment;

c) List, quantity of dossiers, products, progress and implementation;

d) Total budget estimates for detailed planning for functional zones [49].

4. The duration for tasks of general functional zone planning [50] shall not exceed 02 months. The duration for tasks of functional zone zoning planning [51] or detailed planning shall not exceed 01 month.

Article 12. General functional zone planning project [52]

1. Depending on each functional zone, contents of functional zone planning project [53] must satisfy approved planning tasks and other specific requirements as follows:

a) Analysis and assessment of natural conditions, current socio-economic conditions, population, labor, culture, land use, social and technical infrastructure, environment and elements of regional characteristics;

b) [54] Assessment of implementation of unexpired planning and completed projects; determination and clarification of orientation in relevant general urban planning, provincial planning and regional planning.

c) Identification of objectives and driving force of functional zone [55]; forecasts about population, labor, construction land, criteria of social and technical infrastructure in each stage.

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dd) Space development orientation:

- Determination of development model and development of functional zones [57]; orientation and principles of development with respect to functional zones;

- Organization of central system in conformity with development of residential areas and functional zones; determination of architecture and landscape areas, main space, square system, border gate areas, prominent works of each functional zone[58];

- Suggestions and illustrations of main space of each functional zones [59], solutions to arrangement of space of each key area and regulations on control of architecture and landscape;

e) Technical infrastructure orientation:

- Arrangement of major drainage basin; drainage direction; position and scale of drainage works; determination of elevation for the entire area and each functional zone;

- Determination of external/internal traffic network; position and scale of traffic head works; organization of public traffic system and terminal system; property boundaries of main axles, technical tunnel system (if any);

- Determination of demands and supply sources of water, energy (electricity, gas); forecasts about total volume of wastewater, solid waste; determination of position and scale of head works and main distribution networks of water, energy and lighting supply systems, passive telecom infrastructure, drainage and wastewater treatment works;

- Determination of position and scale of solid treatment facilities, burial-grounds, and other technical infrastructure works;

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- Identification of key environmental issues and inadequacies inside and outside the planned area;

- Current conditions of pollution sources directly affecting the environment;

- Forecasts about environmental development during the formulation and implementation of general functional zone planning [60];

- Suggestions on prevention measures and order of priority for implementation; recommendations on separation areas and environmental protection areas;

h) Proposal of items with investment priority, demands for capital and human resource for implementation;

2. The duration for formulation of general functional zone planning project of [61] shall not exceed 12 months.

Article 13. Functional zone zoning planning project [62]

1. Functional zone zoning planning project [63] shall clarify nature, functions and requirements of the area under planning, and fulfil tasks of the approved planning and other requirements as follows:

a) Analysis and assessment of natural conditions, current conditions of construction land, population, landscape architecture, technical infrastructure; analysis of regulations of general planning in relation to the areas under planning; assessment of projects and plannings that have been developed in the areas;

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c) General ground planning for land use: Determination of zones in the area under planning; determination criteria for land use in terms of construction density, land use coefficient, height of each work in each land plot; structure clearance of roads; locations and scale of underground works (if any);

d) Landscape architectural space organization: Identification of principles and requirements for organization of landscape architectural space for each zone, each main road, open space and prominent point;

dd) Technical infrastructure orientation: Technical infrastructure is arranged to road network. To be specific:

- Determination of elevation of each city block;

- Determination of traffic network, cross section, red boundary line and construction boundary line; determination and concretization of general planning for locations and scale of parkings (above, on the ground and underground); public traffic routes; technical tunnels (if any);

- Identification of demands and supply sources of water; locations and scale of factory works, water pump stations; water supply pipe network and specific technical specifications;

- Identification of demands and supply sources of energy (electricity, gas, ect.); locations and scale of power distribution stations, gas stations; medium-voltage line network and lighting system;

- Identification of demands and passive telecommunications infrastructure;

- Determination of total volume of wastewater and waste; drainage network; locations and scale of wastewater and waste treatment works and burial grounds;

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- Identification of key environmental issues and inadequacies in the area under planning;

- Assessment of environmental developments during the formulation and implementation of functional zone zoning planning [64];

- Suggestions on prevention measures and order of priority for implementation; recommendations on separation areas and environmental protection areas for functional zones;

g) Proposed projects with investment priority, demands for capital and human resource for implementation;

2. The duration for formulation of functional zone zoning planning project of [65] shall not exceed 09 months.

Article 14. Detailed functional zone planning project [66]

1. Detailed functional zone planning project shall fulfil tasks of the approved planning and other specific requirements as follows:

a) Analysis and assessment of natural conditions, current conditions of construction land, population, society, landscape architecture, technical infrastructure; regulations of general planning and zoning planning in relation to the areas under planning;

b) Determination of size of population, criteria for land use, social and technical infrastructure for the entire area under planning;

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d) Determination of height of each work, floor level and height of first floor or part of high building; architectural form, fence, color, key materials of works and other architectural objects; arrangement of public green trees, garden landscape, city street green trees and water surface in the area under planning;

dd) Technical infrastructure planning: Technical infrastructure is arranged to internal road network. To be specific:

- Determination of elevation of each land plot;

- Determination of traffic network, cross section, red boundary line and construction boundary line; determination and concretization of general planning and zoning planning for locations and scale of parkings (above, on the ground and underground) (if any);

- Determination of demands and supply sources of water; locations and scale of factory works, water pump stations; water supply pipe network and specific technical specifications;

- Identification of demands and supply sources of energy (electricity, gas, ect.); locations and scale of power distribution stations, gas stations; transmission line network and lighting system;

- Identification of demands and telecommunications infrastructure;

- Determination of volume of wastewater and solid waste; drainage network; locations and scale of wastewater and solid waste treatment works and burial grounds;

e) Strategic environment assessment:

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- Forecast about and assessment of environmental impacts of the planning;

- Suggestions on prevention measures and order of priority for implementation;

g) Preliminary identification of demands for capital and human resource for implementation;

2. The duration for formulation of detailed functional zone planning project shall not exceed 06 months.

Article 15. Regulations on management of functional zone planning project [67]

1. Regarding general functional zone planning [68], regulations on management of the planning project contain the following information:

a) Boundary, scope and nature of each functional zone [69].

b) Criteria for area, construction density, land use coefficient, maximum and minimum height of each work in each functional zone;

c) Control of space and architecture of each area;

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dd) Locations, scale, safety perimeters and safety corridors of underground works;

e) Areas prohibited from construction; safety perimeters and safety corridors of technical infrastructure works.

g) Areas reserved for conservation and renewal of architectural works, historical and cultural relics, scenic landscape and topography.

h) Requirements and measures for environmental protection as prescribed by the Law on Environmental Protection;

2. Regarding functional zone zoning planning [70], regulations on management of the planning project contain the following information:

a) Scope and scale of area to be planned;

b) Locations, boundaries, nature and scale of functional zones in the planned area; criteria for construction density, land use coefficient, maximum and minimum height of elevation in each land plot;

e) Red boundary line, construction boundary line, elevation and specific technical requirements for each route/area; safety perimeters and safety corridors of technical infrastructure works.

d) Main space axles, prominent points of the area;

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e) Areas reserved for conservation and renewal of historical and cultural relics, scenic landscape and topography.

g) Requirements and measures for environmental protection as prescribed by the Law on Environmental Protection;

3. Regarding detailed functional zone planning [71], regulations on management of the planning project contain the following information:

a) Boundary, scope, nature and functions of the planned area.

b) Locations, boundaries, functions and scale of land plots in the planned area

c) Determination of criteria for construction density, land use coefficient, elevation of each land plot; height of each work, floor level, first floor or part of high building; architectural form, fence, building materials for the works;

d) Red boundary line, construction boundary line, specific technical requirements for each internal road route; safety perimeters and safety corridors of technical infrastructure works.

dd) Locations, scale, safety perimeters and safety corridors of works with peculiar functions and underground works;

e) Lists and regulations on conservation, renovation and development of architectural works, historical and cultural relics, scenic landscape, landscape topography;

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Section 3. RURAL PLANNING [72]

Article 16. Principles of formulation of rural planning [73]

1. Communes shall be put into general planning in order to elaborate the provincial planning, inter-district/district construction planning and general city/town planning, thereby serving as the basis for formulation of detailed planning for rural settlements and construction projects;

2. Rural settlements shall be put into the detailed planning to elaborate the general commune construction planning, thereby serving as the basis for formulation of construction project and issuance of construction permit.

Article 17. Tasks of rural planning [74]

1. Requirements for general commune planning:

a) Locations, scope and boundaries of communes; planning objectives and period;

b) Preliminary forecasts about size of population, labor and land;

c) Basic principles of analysis and assessment of current conditions; check unexpired projects and planning in the administrative division of communes; determine elements imposing effects on communes’ socio-economic development; requirements for arrangement of overall space for communes, allocation of functional zones (production, residential), social and technical infrastructure;

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dd) Total cost estimate for general commune planning;

2. Requirements for detailed rural settlement planning:

a) Determination of scope and boundaries for planning, size of population;

b) Basic principles of analysis and assessment of natural and current conditions; criteria for land use and work construction; requirements for arrangement of landscape architecture space, technical and environmental infrastructure in conformity with the approved general commune planning

c) List, quantity of documentation, products; progress and implementation;

d) Total cost estimate for detailed rural settlement planning.

3. The duration for tasks of general commune planning/detailed rural settlement planning shall not exceed 01 month.

Article 18. General commune planning project

1. General commune planning project shall fulfil tasks of the approved planning and other specific requirements as follows:

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b) Determination of potential, driving force; forecasts about economic development, size of population, construction land; criteria for land and technical infrastructure of the entire commune;

c) Overall space planning for the entire commune;

- Determination of zoning mechanism (agricultural production, industrial production, cottage industry, new rural settlement, renovated villages, central areas) and development orientation to areas;

- Orientation to arrangement of architecture landscape, determination of scale and criteria for land use for each village, trade village, cottage industry and industry production area;

- Orientation to public work system, housing construction, conservation of cultural and historical works;

d) Planned use of land for the construction under requirements for development in each stage;

dd) Planning for technical infrastructure serving residents and head works of technical infrastructure serving production including technical preparations, traffic, supply of energy (electricity, gas, etc.), lighting, passive telecommunications infrastructure, supply of water, wastewater drainage, solid waste management and burial grounds;

e) Strategic environment assessment:

- Assessment of current conditions, identification of key environmental issues in the area under planning;

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- Suggestions on prevention measures and order of priority for implementation;

g) Proposed programs and projects with investment priority, demands for capital and human resource for implementation;

2. The duration for formulation of general commune planning project shall not exceed 06 months.

Article 19. Detailed rural settlement planning project

1. The content of detailed rural settlement planning project shall fulfil tasks of the approved planning and other specific requirements as follows:

a) Analysis and assessment of natural conditions, current conditions of construction land, population, society, landscape architecture, technical infrastructure; regulations of general planning for commune in relation to rural settlement;

b) Determination of size of population, criteria for land use, social and technical infrastructure for rural settlement;

c) General ground planning for land use: Determination of functions, area, criteria for land use in terms of construction density, land use coefficient, height of each work, structure clearance for each land plot;

d) Determination of architectural form, fence, color, key materials of works and other architectural objects; identification of works to be conserved and renovated in the area;

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- Determination of elevation of each land plot;

- Determination of traffic network, cross section, red boundary line and construction boundary line; determination and concretization of general planning for positions and scale of parkings and places for U-turn;

- Determination of demands and supply sources of water; positions and scale of water supply works; water supply pipe network and specific technical specifications;

- Identification of demands and supply sources of energy (electricity, gas, ect.); positions and scale of power distribution stations; transmission line network and lighting system;

- Identification of demands for passive telecommunications infrastructure;

- Determination of volume of wastewater and solid waste; drainage network; positions and scale of wastewater and solid waste treatment works of rural settlements.

e) Strategic environment assessment:

- Assessment of current conditions, identification of key environmental issues in the area under planning;

- Forecast about and assessment of environmental impacts of the planning;

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g) Planned demands for capital and identification of human resource for implementation;

2. The duration for formulation of detailed rural settlement planning project shall not exceed 04 months.

Article 20. Regulations on management of rural planning project [75]

1. Regarding general commune planning, regulations on management of the planning project contain the following information:

a) Boundary, scope and nature of commune.

b) Control of space, architecture of functional zones and key works: administrative agencies at commune level, education, health, sports and commercial services;

c) Red boundary line of each main road, intervillage and village, and minimum construction elevation.

d) Areas prohibited from construction; safety perimeters and safety corridors of technical infrastructure works; measures for environmental protection.

dd) Areas reserved for conservation and renewal of architectural works, historical and cultural relics, scenic landscape and topography.

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a) Boundary and scope of each rural settlement.

b) Locations, boundaries, functions and scale of land plots in each rural settlement, criteria for construction density, land use coefficient, elevation of each land plot; height of each work, floor level, first floor; architectural form, fence, building materials for the works;

c) Red boundary line, construction boundary line, specific technical requirements for each road route/dirty road; safety perimeters and safety corridors of technical infrastructure works.

d) List and regulations on conservation, renovation and development of architectural works, historical and cultural relics, scenic landscape, landscape topography;

dd) Requirements and measures for environmental protection as prescribed by the Law on Environmental Protection;

Section 4. COLLECTION OF OPINIONS DURING FORMULATION OF CONSTRUCTION PLANNING

Article 21. Collection of opinions about inter-district/district construction planning [76]

The authority formulating the construction planning shall cooperate with People’s Committees at all levels in collecting opinions from relevant authorities and organizations during formulation of the inter-district/district construction planning project.

Article 22. Collection of opinions about functional zone planning [77]

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2. In case general functional zone planning project [79] is formulated by the Ministry of Construction within the approval competence of the Prime Minister, People’s Committees of relevant provinces shall make cooperation in collection of opinions from agencies, organizations and representatives of residential communities in their provinces during the formulation of construction planning.

Article 23. Collection of opinions about rural planning [80]

The authority formulating the construction planning shall cooperate with People’s Committees of communes in collecting opinions from relevant authorities, organizations and representatives of residential communities during formulation of the rural planning project [81].

Article 24. Receipt of opinions

During the formulation of construction planning project, opinions from agencies, organizations and representatives of residential communities shall be summarized and explained in writing by advisory organizations in combination with organizers of general planning.

Opinions shall be analyzed and fully explained. They serve as the basis for completion of plannings towards suitability, feasibility and harmony among interests of the government and communities.

Written explanations and reports on collection of opinions about construction planning projects and tasks shall be included in the application for approval for construction planning.

Section 5.  PROCEDURES FOR APPRAISAL AND APPROVAL FOR CONSTRUCTION PLANNING

Article 25.  Procedures for appraisal and approval for construction planning projects and tasks

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a) The Ministry of Construction and People’s Committees of provinces shall be responsible for submitting construction planning projects and tasks to the Prime Minister for appraisal and approval.

b) Organizers of construction planning shall be responsible for submitting construction planning projects and tasks to People’s Committees at all levels for appraisal and approval.

2. Collection of opinions from state management agencies on construction planning projects during the appraisal;

a) People’s committees of provinces shall be responsible for collecting written opinions from the Ministry of Construction before approving general functional zone planning projects [82]; functional zone zoning planning projects [83] with a scale of over 200 ha.

b) People’s Committees of districts shall be responsible for collecting written opinions from specialized construction work-managing Departments before approving general planning projects within their approval competence.  

3. During appraisal of construction planning projects and tasks, the appraising agencies shall be responsible for collecting written opinions from managing agencies at the same level, professional associations and relevant experts.

4. Results of appraisal of construction planning projects and tasks shall be sent to organizers of construction planning by the appraising agencies in order to serve as the basis for completion of the tasks and projects before submission to the competent authority for approval.

Article 26.  Duration for appraisal and approval for construction planning projects and tasks

1. [84] Regarding inter-district/district construction planning, planning tasks shall be appraised within 20 days and approved within 15 days; and planning projects shall be appraised within 25 days and approved within 20 days starting from the date of receipt of a valid application as regulated.

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a) Regarding general functional zone planning [86], planning tasks shall be appraised within 20 days and approved within 15 days; and planning projects shall be appraised within 25 days and approved within 15 days starting from the date of receipt of a valid application as regulated.

b) Regarding zoning planning and detailed functional zone planning [87], planning tasks shall be appraised within 15 days and approved within 10 days; and planning projects shall be appraised within 25 days and approved within 15 days starting from the date of receipt of a valid application as regulated.

3. Duration for appraisal and approval for rural planning projects and tasks [88].

a) Regarding general commune planning, planning tasks shall be appraised within 15 days and approved within 10 days; and planning projects shall be appraised within 20 days and approved within 15 days starting from the date of receipt of a valid application as regulated.

b) Regarding detailed rural settlement planning, planning tasks shall be appraised within 15 days and approved within 10 days; and planning projects shall be appraised within 25 days and approved within 15 days starting from the date of receipt of a valid application as regulated.

Article 27. Application for appraisal and approval for construction planning projects and tasks

1. An application for appraisal and approval for planning tasks consists of a written request for appraisal and approval; explanation about planning tasks including color drawings; draft decision on approval for the tasks; relevant legal documents; written explanation about opinions from agencies, organizations and residential communities on planning tasks; legal and qualification records of construction planning consultant.

2. An application for appraisal and approval or an application for opinions on the construction planning consists of a written request for appraisal and approval for the project; general explanation including color drawings; regulations on management of the approved construction planning project; draft decision on approval for the project; scale color drawings; relevant legal documents; written explanation about opinions from agencies, organizations and residential communities on planning project; legal and qualification records of construction planning consultant; CD disk of the entire project content;

3. An application for construction planning project shall be stamped with a seal of the appraising agency (agency that conducts appraisal of construction planning) when the approval decision is issued.

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5. The Ministry of Construction shall provide specific guidance on manners and regulations on documentation of construction planning projects and tasks.

Chapter III

MANAGEMENT OF CONSTRUCTION PLANNING

Article 28. Responsibilities for formulation of plan to implement construction planning

1. Projects on regional construction planning, general construction planning, zoning planning and general commune planning shall be carried out after they are approved by competent authorities.

2 [89]. (annulled)

3. The provincial People’s Committee shall take charge and cooperate with the Ministry of Construction in formulation and approval for a plan to implement construction planning within its administrative management with respect to any project under the approval authority of the Prime Minister.

4. People’s Committees at all levels shall be responsible for formulating and approving plans to implement construct planning with respect to projects within their approval competence.

5. The Ministry of Planning and Investment, the Ministry of Finance shall be responsible for balancing capital provided for projects on construction of social and technical infrastructure works at regional level in accordance with regulations of the Law on Investment and the Law on State Budget.

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According to the approved construction planning/technical infrastructure planning, the plan to implement construction planning contains:

1. List and sequence of formulation of construction planning by level under 10-year, 05-year and annual plans; list and sequence of investment in social and technical infrastructure projects on the basic of long-term, medium-term and annual planning phase;

2. Proposed demand for capital for the implementation of annual construction planning;

3. Proposed policies on determination of resources under the plan and capacity to mobilize resources for the implementation of annual plans within a short period;

4. Proposed models of management and supervision of planning implementation;

5. Other relevant contents.

Article 30. This Article is annulled [90]

Chapter IV [91] (annulled)

Chapter V

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Article 36. Transition clauses [92]

1. Regarding any construction planning project whose planning tasks are approved before the effective date of this Decree, the formulation, assessment and approval shall be carried out under Government’s Decree No. 08/2005/ND-CP dated January 24, 2005 on construction planning.

2. Regarding any provincial planning project whose planning tasks are approved before the effective date of this Decree, it is required to collect written opinions from the Ministry of Construction before such project is approved.

Article 37. Entry into force [93]

This Decree comes into force from June 30, 2015 and replaces the Government's Decree No. 08/2015/ND-CP dated January 24, 2005 on construction planning.

Article 38. Implementation

1. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities shall organize implementation of this Decree within their scope of tasks and powers.

2. The Ministry of Construction shall take charge and cooperate with ministries and relevant central authorities in directing, monitoring and inspecting the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

CERTIFIED BY

PP. MINISTER
DEPUTY MINISTER




Nguyen Tuong Van

APPENDIX

(Issued together with Government’s Decree No. 44/2015/ND-CP dated May 06, 2015)

Form No. 01 [94] (annulled)

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Form No. 02 [95] (annulled)

PLANNING PERMIT

Form No. 03 [96] (annulled)

APPLICATION FOR PLANNING PERMIT

Form No. 04 [97] (annulled)

PLANNING PERMIT

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[1]  Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, is promulgated pursuant to:

“The Law on Government Organization dated June 19, 2015;

The Law on Construction dated June 18, 2014;

The Law on Planning dated November 24, 2017;

The Law on amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;

At request of the Minister of Construction”,

- Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction is promulgated pursuant to:

“The Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

The Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

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The Law on Judicial Expertise dated June 20, 2012; the Law on amendments to the Law on Judicial Expertise dated June 10, 2020;

The Law on Construction dated June 18, 2014; Law on amendments to Law on Construction dated June 28, 2020;

The Law on Housing dated November 25, 2014;

The Law on Real Estate Trading dated November 25, 2014;

The Law on Architecture dated June 13, 2019;

The Law on Standards and Technical Regulations dated June 29, 2006;

The Law on Product and Goods Quality dated November, 21 2007;

The Law on Investment dated June 17, 2020;

The Law on Public – Private Partnership Investment dated June 18, 2020;

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The Law on amendments to certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;

At request of the Minister of Construction,”

[2] This Clause is amended by Clause 1 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[3] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[4] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019

[5] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[6] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[7] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[8] This Clause is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[10] This Clause is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[11] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[12] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[13] This Point is amended by Point a Clause 2 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[14] This Point is amended by Point a Clause 2 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[15] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[16] This Clause is amended by Point b Clause 2 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[17] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[18] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[20] This Point is amended by Point a Clause 3 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[21] This Clause is amended by Point b Clause 3 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[22] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[23] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[24] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[25] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[26] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[27] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[28] This Clause is amended by Point a Clause 4 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[30] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[31] This Clause is amended by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[32] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[33] This Clause is amended by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[34] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[35] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[36] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[37] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

[38] This Clause is added by Article 2 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.

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[40] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[41] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[42] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[43] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[44] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[45] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[46] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[47] The phrase “quy hoạch xây dựng vùng” (“regional construction planning”) is replaced with “quy hoạch xây dựng vùng liên huyện, vùng huyện” (“inter-district/district construction planning”) according to Point a Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[48] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[50] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[51] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[52] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[53] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[54] This Point is amended by Clause 5 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[55] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[56] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[57] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[58] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[60] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[61] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[62] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[63] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[64] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[65] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[66] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[67] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[68] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[70] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[71] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[72] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[73] This Article is amended by Clause 6 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[74] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[75] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[76] This Article is amended by Clause 7 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[77] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[78] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[80] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[81] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[82] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[83] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[84] This Clause is amended by Clause 8 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[85] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[86] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[87] The phrase “khu chức năng đặc thù” (“special functional zones”) is replaced with “khu chức năng” (“functional zones”) according to Point b Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[88] The phrase “quy hoạch xây dựng nông thôn” (“rural construction planning”) is replaced with “quy hoạch nông thôn” (“rural planning”) according to Point c Clause 10 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

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[90] This Article is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[91] Articles 31, 32, 33, 34 and 35 are annulled by Clause 9 Article 2 of Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which comes into force from August 30, 2019; 

[92] Article 4 of Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which comes into force from August 30, 2019 stipulates that:

Article 4. Transitional clause

Planning permits issued to investors prior to the effective date of this Decree shall remain valid until their expiry dates.

- Point c Clause 8 Article 15 of Decree No. 35/2023/ND-CP on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction on transitional clause on amendments to Decree No. 44/2015/ND-CP (amended by Decree No. 72/2019/ND-CP) stipulates that:

“c) If the construction investment project specified in Clause 4, Article 14 of Decree No. 37/2010/ND-CP , Clause 4, Article 10 of Decree No. 44/2015/ND-CP (amended by Decree No. 72/2019/ND-CP) has been approved in accordance with regulations of the law before the effective date of this Decree or the feasibility study report of the project has been submitted to the construction authority for appraisal and the report is eligible for appraisal according to regulations in Decree No. 15/2021/ND-CP but the results of the appraisal have not yet been notified in writing before the effective date of this Decree, the general ground planning is not required according to Articles 1 and 2 of this Decree;

[93] Article 3 of Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning, which comes into force from August 30, 2019 stipulates that:

“Article 3. Entry into force

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- Clause 1 Article 17 of Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction, which comes into force from June 20, 2023 stipulates that:

“This Decree comes into force from June 20, 2023.”

[94] Form No. 01 of the Appendix is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[95] Form No. 02 of the Appendix is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[96] Form No. 03 of the Appendix is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.

[97] Form No. 04 of the Appendix is annulled by Clause 9 Article 2 of Decree No. 72/2019/ND-CP dated August 30, 2019, which comes into force from August 30, 2019.