National Assembly passes Law on Urban and Rural Planning

PHẠM ĐÔNG |

On the afternoon of November 26, with 455/465 National Assembly delegates voting in favor, the National Assembly passed the Law on Urban and Rural Planning.

At the meeting, Chairman of the National Assembly's Economic Committee Vu Hong Thanh presented a report on receiving, explaining and revising the draft Law on Urban and Rural Planning.

According to Chairman Vu Hong Thanh, the deadline for completing the preparation and approval of the zoning plan is 6 months, which is difficult to achieve. The draft law has revised Article 25 on the deadline for completing the preparation and approval of the urban zoning plan according to the Government's regulations to ensure feasibility and meet practical requirements.

The draft law has omitted provisions on cases where zoning plans are not required because, in addition to the cases where zoning plans are required as prescribed in Clause 5, Article 3 of the draft law, the remaining cases do not require zoning plans.

Eliminate the regulation on zoning planning according to relevant laws, and maintain the regulation on zoning planning according to land laws;

Eliminate regulations on detailed planning for cases of bidding to select investors to implement projects using land, in accordance with the provisions of the Land Law.

At the same time, amend the technical provisions of Clause 6, Article 3 to clarify cases where detailed planning must be immediately established, including: Industrial clusters; areas determined according to land law for auction of land use rights; service areas supporting rural economic development determined and formed according to the national target program on new rural construction or other national target programs.

Omit the regulations on the responsibility of the provincial People's Committee in organizing the establishment of planning tasks, zoning plans, and detailed plans in new urban areas of the province to avoid duplication with the responsibility of the district People's Committee.

Omit the provisions on the responsibilities of the People's Committees at district and commune levels in organizing the preparation of planning tasks and detailed planning of areas for auctioning land use rights or bidding to select investors to implement investment projects using land.

Because the draft law has provisions covering the responsibilities of the People's Committees at district and commune levels to organize planning tasks and planning for areas managed by the People's Committees at district and commune levels.

This includes areas of land use rights auctions and bidding to select investors to implement investment projects using land.

Clause 8, Article 59 of the draft Law supplements transitional provisions for type III urban areas, type IV urban areas, economic zones, and national tourist areas that have had a master plan approved before the effective date of this Law.

Accordingly, if the general planning period has not expired but it is necessary to establish a zoning plan, the zoning plan will continue to be established, appraised and approved on the basis of the approved general planning because the content of the general planning approved before the effective date of this Law does not have enough information, economic and technical indicators... to establish a detailed plan according to the provisions of this Law.

The draft law also adds transitional provisions on certificates of construction capacity of organizations and certificates of practice of construction activities of individuals in the field of construction planning design issued before the effective date of this law and still valid shall continue to be used until the expiration of the certificate.

This is to ensure the validity of certificates after the effective date of this law, ensure stability, and avoid disruption of planning activities and planning consultancy in practice.

This Law comes into force from July 1, 2025.

PHẠM ĐÔNG
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