Citizen P.V.T in Hung Yen reflected: According to Decree No. 178/2025/ND-CP dated July 1, 2025 detailing a number of articles of the Law on Urban and Rural Planning, Clause 2, Article 9 stipulates: "For land plots that meet the requirements in Clause 3 and Clause 5, Article 10 of this Decree, the detailed planning is established according to a shortened process (called the process of "general planning of the site plan"), no planning task is required to be established and no planning appraisal or approval is organized".
However, the provincial Department of Construction stipulates that "it must not be implemented in the form of general planning but must be implemented in accordance with regulations on detailed planning for urban and rural areas".
I would like to ask, is that within my authority or not?"
Regarding this proposal, the Ministry of Construction responded as follows:
According to Decree No. 178/2025/ND-CP dated July 1, 2025 of the Government detailing a number of articles of the Law on Urban and Rural Planning, the cases of establishing master plan are regulated as follows:
Clause 2, Article 9 of the Decree stipulates:
"For land plots that meet the requirements in Clause 3 and Clause 5, Article 10 of this Decree, detailed planning is established according to a shortened process (called the process of establishing a "general planning plan"), no planning task is required to be established and approved and no planning appraisal and approval is organized".
Clause 3; Clause 5, Article 10 of the Decree stipulates:
"The land plot for implementing a construction investment project that meets the following conditions must simultaneously establish and approve the master plan:
With a land use scale of less than 02 hectares for investment projects to build apartment buildings or apartment buildings; or with a land use scale of less than 10 hectares for investment projects to build factories, enterprises, industrial production facilities, technical infrastructure works not following the route determined according to the general planning or specialized planning for technical infrastructure or provincial planning or approved technical and specialized planning; or with a land use scale of less than 05 hectares for the remaining cases;
In areas where there is an approved zoning plan or in areas where there is an approved general plan in cases where there is no regulation on zoning plan establishment;
By an investor implementing construction investment or by a state agency assigned to carry out the master plan.
For national defense and security projects, it is necessary to ensure state secrets, the application of master plan making is carried out according to regulations and instructions of agencies, organizations and individuals assigned to manage and implement the project, it is necessary to ensure state secrets".
Regulations on cases of detailed urban and rural planning are implemented according to the provisions of Article 6 of Law No. 47/2024/QH15; Clause 1, Article 9 of Decree No. 178/2025/ND-CP.
The above is the response of the Ministry of Construction to the reflection and recommendation of citizen P.V.T so that citizens know and study to implement according to the provisions of law.
