According to the reflection of Mr. Nguyen Xuan Tuan Anh ( Hanoi ), previously, Clause 4, Article 14 of Decree No. 37/2010/ND-CP and Clause 5, Article 10 of Decree No. 44/2015/ND-CP both agreed to stipulate:
"In case the construction investment project organized by an investor has a scale of less than 5 hectares (less than 2 hectares for apartment building investment projects), the construction investment project shall be prepared without having to prepare a detailed construction plan. The general plan drawing, architectural plan of the project, technical infrastructure solutions in the basic design content must be consistent with the construction zoning plan or planning permit; ensuring the connection of technical infrastructure, consistent with the architectural space of the area", meaning that the authority to approve the planning of small-scale projects is the Department of Construction or the Department of Planning and Architecture.
However, Decree No. 35/2023/ND-CP stipulates that all must establish detailed planning for small-scale projects according to a shortened process, but in reality, it is almost no different from establishing, appraising and approving detailed planning. The approval authority is even raised to one level. Previously, the appraisal of basic design was to approve the overall site plan for small-scale projects (usually the Department of Construction approved it or the Department of Planning and Architecture for Hanoi and Ho Chi Minh City), but now it must be submitted to the provincial level for approval or approval in principle if not authorized).
For example, a 50 m2 or 100 m2 power station project must also submit detailed planning approval. According to the new process, the Department level must report to the Provincial People's Committee, then the Provincial People's Committee must issue a document authorizing or agreeing in principle before it can be approved. If not authorized, it must be submitted to the Provincial level for approval, doubling the processing time.
Mr. Tuan Anh requested that competent authorities consider amending the above regulations.
The Ministry of Construction responded to this issue as follows:
Articles 1 and 2 stipulate detailed planning according to the shortened process in Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing a number of articles of the Decrees under the state management of the Ministry of Construction, which have been abolished in Clause 3, Article 29 of 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, effective from July 1, 2025.
Decree No. 178/2025/ND-CP has stipulated in the direction of simplifying administrative procedures, specifically for the preparation of master plan:
Clause 2, Article 9 stipulates: "For land lots that meet the provisions in Clause 3 and Clause 5, Article 10 of this Decree, detailed planning is prepared according to a shortened process (called the process of preparing "master plan"), without having to prepare and approve planning tasks and without organizing appraisal and approval of planning".
Clause 1, Article 10 stipulates: "The master plan is prepared during the project preparation phase and must be approved in writing by the detailed planning authority or the decentralized, authorized agency."
Government.vn
Source: https://baochinhphu.vn/da-don-gian-hoa-thu-tuc-lap-quy-hoach-tong-mat-bang-102250803180930801.htm
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