The Ministry of Construction received petitions from voters in Ninh Binh province transferred by the Committee for Petitions and Supervision according to Official Dispatch No. 498/UBDNGS16 dated June 12, 2026 on transferring petitions from voters sent after the First Session, 16th National Assembly.
The content of the petition is as follows: "Voters propose to study and supplement legal regulations in the direction of strengthening decentralization, creating conditions for localities to be proactive in planning and socio-economic development. In which, allow local adjustments to zoning planning, detailed planning of urban areas and residential areas in the direction of consolidating lots, raising building height appropriately to meet the needs of developing accommodation services, hotels, guesthouses and effectively mobilizing social resources to serve socio-economic development".
After studying, the Ministry of Construction would like to answer as follows:
Implementing Conclusion No. 155-KL/TW dated May 17, 2025 of the Politburo and the Secretariat on a number of key tasks that need to be focused on arranging the organizational structure and administrative units, in which directions have been given to promote decentralization and delegation of power, the Ministry of Construction has advised the Government to submit to the 15th National Assembly for promulgation the Law amending and supplementing a number of articles of the Law on Urban and Rural Planning No. 144/2025/QH15. The content of the Law has strengthened decentralization, delegation, authorization and simplified processes and procedures on urban and rural planning (procedure of preparation, appraisal and approval...), improving the investment and business environment. Specifically as follows:
Regarding the organization of urban and rural planning: The responsibility of the Ministry of Construction is stipulated in point b, clause 1, Article 17 of the Law on Urban and Rural Planning regarding the organization of urban planning and functional zone planning assigned by the Prime Minister to be decentralized and decentralized to the Provincial People's Committees for implementation. At the same time, the draft Law abolishes point a, clause 1, Article 17 of the Ministry of Construction organizing the general planning of new urban areas with planning scope related to the administrative unit boundaries of 2 or more provinces. Thus, the task of organizing planning of the Ministry of Construction has been decentralized, decentralized or abolished, the Ministry of Construction does not organize urban and rural planning.
Organization of appraisal of urban and rural planning: The responsibility of the Ministry of Construction specified in Clause 1, Article 38 of the Law on Urban and Rural Planning for appraisal of the general plan of the national tourist area is to delegate authority and decentralize to specialized agencies on urban and rural planning under the Provincial People's Committee for implementation; The responsibility of the Ministry of Construction specified in Clause 1, Article 38 of the Law on Urban and Rural Planning for appraising the detailed plan of national defense and security projects needs to ensure state secrets, delegating authority and decentralization to specialized agencies with urban and rural planning management functions under the Ministry of National Defense and the Ministry of Public Security for implementation.
Approving urban and rural planning: The authority of the Prime Minister specified in point a, clause 1, Article 41 of the Law on Urban and Rural Planning on approving planning tasks, general planning of urban areas and new urban areas with population scale forecast to be equivalent to type I urban areas in provinces is delegated and decentralized to the People's Committees of provinces; The authority of the Prime Minister specified in point b, clause 1, Article 41 of the Law on Urban and Rural Planning on approving planning tasks, general planning of national tourist areas is delegated and decentralized to the People's Committees of provinces; The authority of the Prime Minister specified in point d, clause 1, Article 41 of the Law on Urban and Rural Planning on approving detailed planning of national defense and security projects that need to ensure state secrets is delegated and decentralized to the Minister of National Defense, the Minister of Public Security.
Supplementing regulations clearly stating a number of contents on decentralization and delegation of power: Supplementing regulations clearly stating in Article 17 that agencies and organizations established by the Prime Minister or agencies under the Provincial People's Committee assigned to manage functional areas organize the planning of functional areas;
Provincial People's Committees assign responsibility to coordinate with commune-level People's Committees in formulating plans according to functional areas; Supplementing regulations clearly in Article 17 on the responsibility of organizing planning, Article 38 on the responsibility of appraisal and Article 41 on approval authority:
In case planning is related to the scope of 2 or more commune-level administrative units, it is the responsibility of the provincial-level People's Committee to prepare and approve; planning within the administrative boundaries of the commune is the responsibility of the commune-level People's Committee to prepare and approve; To suit the actual conditions in the locality and the capacity of commune-level specialized agencies, Law No. 144/2025/QH15 has supplemented in Article 41 "Based on the development management requirements, conditions and capacity of the commune-level People's Committee and specialized agencies with the function of urban and rural planning at the commune level, the provincial-level People's Committee decides to decentralize and authorize the commune-level People's Committee to approve the commune general plan".
The content stipulated in Law No. 144/2025/QH15 has strengthened decentralization, decentralization, authorization and simplification of procedures and processes for urban and rural planning, improving the investment and business environment, creating conditions for localities to be proactive in planning and socio-economic development.
The Ministry of Construction respectfully sends to the Delegation of National Assembly Deputies of Ninh Binh province to inform voters; sends to the Committee for Petitions and Supervision of the National Assembly to summarize, monitor, and supervise according to regulations.
