Nghị định 178/2025/NĐ-CP hướng dẫn Luật Quy hoạch đô thị và nông thôn

DECREE

ELABORATING LAW ON URBAN AND RURAL PLANNING

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Urban and Rural Planning dated November 26, 2024;

Pursuant to Decree No. 145/2025/ND-CP dated June 12, 2025 of the Government of Vietnam on delineation of jurisdiction of the two-tier local government and decentralization in urban and rural planning;

At the request of the Minister of Construction of Vietnam;

The Government of Vietnam hereby promulgates the Decree elaborating the Law on Urban and Rural Planning.

Chapter I

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Article 1. Scope

1. This Decree elaborates the Law on Urban and Rural Planning No. 47/2024/QH15, including:

a) Clause 4 Article 3 on formulation of master planning for urban areas;

b) Point a Clause 5 Article 3 on cases where subdivision planning is formulated according to the requirements for management and development in centrally affiliated cities;

c) Point c Clause 5 Article 3 on cases where subdivision planning is formulated according to area scales and requirements for management and development for functional areas that are not economic zones or national tourism zones;

d) Point a Clause 6 Article 3 on cases where detailed planning is formulated according to area scales and requirements for management and development;

dd) Point c Clause 2 Article 8 on procedures for reporting and deciding on the planning to be implemented in case of conflicts between the same-level urban and rural planning;

e) Clause 4 Article 10 on the management of funding for urban and rural planning operations;

g) Clause 3 Article 11 on the receipt, management, and use of sources of support for urban and rural planning operations;

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i) Article 18 on conditions of counseling organizations and individuals participating in the formulation of urban and rural planning objectives and planning;

k) Clause 5 Article 19 on the competition and selection of counseling organizations for the formulation of urban and rural planning objectives and planning;

l) Clause 4 Article 25 on the time limit for formulating and approving subdivision planning;

m) Clause 4 Article 49 on urban and rural planning-based management;

n) Clause 3 Article 54 on the development, management, operation, and utilization of urban and rural planning databases;

o) Clause 8 Article 59 on the continuation of the formulation, appraisal, approval, adjustment, and review of subdivision planning according to urban planning laws and construction laws for type-III urban areas, type-IV urban areas, economic zones, and national tourism zones with master planning approved before the effective date of the Law on Urban and Rural Planning.

Article 2. Regulated entities

This Decree applies to state management authorities, as well as domestic and foreign organizations and individuals relevant to urban and rural planning operations.

Article 3. Interpretation of terms

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1. Planning formulation agencies and organizations refer to the agencies and organizations responsible for formulating urban and rural planning objectives and planning as prescribed in Article 17 of the Law on Urban and Rural Planning in conformity with the organization of the two-tier local government.

2. Planning appraisal agencies refer to the agencies responsible for appraising urban and rural planning objectives and planning as prescribed in Article 38 of the Law on Urban and Rural Planning in conformity with the organization of the two-tier local government.

3. Planning approval authorities refer to agencies, organizations, or individuals competent to approve urban and rural planning objectives and planning as prescribed in Article 41 of the Law on Urban and Rural Planning.

4. Time for formulating planning objectives refers to the period from the date of planning objective formulation until the date they are presented to the planning appraisal agency.

5. Time for formulating planning refers to the period from the date the planning formulation counseling organization is selected until the date the planning is presented to the planning appraisal agency.

Article 4. Time for formulating urban and rural planning objectives and planning

1. Time for formulating master planning objectives and planning

a) For master planning for urban areas under the approval jurisdiction of the Prime Minister of Vietnam, the time for planning objective formulation shall be no more than 3 months; the time for planning formulation shall be no more than 15 months;

b) For master planning for urban areas not subject to the case prescribed in Point a Clause 1 of this Article, and master planning for economic zones/national tourism zones, the time for planning objective formulation shall be no more than 2 months; the time for planning formulation shall be no more than 12 months;

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2. For subdivision planning, the time for planning objective formulation shall be no more than 1 month; the time for planning formulation shall be no more than 9 months.

3. For detailed planning, the time for planning objective formulation shall be no more than 1 month; the time for planning formulation shall be no more than 6 months.

4. For underground space planning and specialized planning for technical infrastructures in centrally affiliated cities, the time for planning objective formulation shall be no more than 1 month; the time for planning formulation shall be no more than 9 months.

5. Before formulating urban and rural planning objectives and planning, planning formulation agencies and organizations shall develop specific plans and schedules, including the time for selecting counseling organizations, submitting reports, soliciting opinions on planning, and the time for formulating urban and rural planning objectives and planning, ensuring compliance with the requirements for management, development, and feasibility. Adjustments to plans and schedules must be justified with sufficient reasoning, necessity, and factors affecting the formulation of urban and rural planning.

6. For subdivision planning formulated to concretize the contents of master planning, agencies responsible for formulating and promulgating plans to implement master planning shall determine the timeline for completing the subdivision planning in the contents of the plans to implement master planning, ensuring that the formulation and approval of subdivision planning meet the investment, development, and feasibility requirements during implementation.

Article 5. Conditions of counseling organizations and individuals participating in formulation of urban and rural planning objectives and planning

1. Individuals participating in the formulation of urban and rural planning objectives and planning shall have appropriate training certificates and diplomas relevant to their assigned tasks, issued by legal training establishments.

2. Positions and individuals involved in operations concerning urban and rural planning shall have construction practice certificates as prescribed by construction laws, including heads of planning task formulation, heads of planning formulation, and heads of urban and rural planning formulation. Practicing certificates of individuals are classified into Class I, Class II, and Class III and are issued under construction laws.

3. Individuals in charge of architectural designs, landscape architectural designs, and separate urban designs in urban and rural planning shall have relevant professional diplomas and possess practicing certificates concerning urban and rural planning or architectural practice certificates as prescribed by architecture laws.

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5. Foreign counseling organizations involved in the formulation of urban and rural planning objectives and planning shall comply with this law, bidding laws, and obtain permits from construction authorities as prescribed by construction laws.

Article 6. Regulations on procedures for reporting and deciding on planning to be implemented in case of conflicts between same-level urban and rural planning to ensure conformity of construction projects with urban and rural planning

1. Regarding approved urban and rural planning of the same level, subject to the approval jurisdiction of the same competent authority:

a) The planning formulation agency/organization or investor implementing the construction project shall submit a report on the situation of the implementation of the construction project following the approved urban and rural planning to the planning approval authority;

b) Requirements for the report content: scientific, practical, and legal grounds relevant to the implementation of the construction project; determination of conflicts among plannings requiring consideration; suggestions on the contents of planning or planning to be implemented; proposals for measures to remedy arising issues; assessment of the impact and effectiveness of the implementation based on the proposal scheme, ensuring compliance with national technical regulations on urban and rural plannings and relevant regulations and standards;

c) The planning approval authority shall, based on the opinion of the planning approval authority, consider issuing a written approval for the approved planning content to be implemented.

2. Regarding approved urban and rural planning of the same level, not subject to the approval jurisdiction of the same competent authority:

a) The planning formulation agency/organization or investor implementing the construction project shall submit a written report on the situation of the implementation of the construction project following the approved urban and rural planning to the lower-level planning approval authority;

b) Requirements for the report content: scientific, practical, and legal grounds relevant to the implementation of the construction project; determination of conflicts among plannings requiring consideration; suggestions on the contents of planning or planning to be implemented; proposals for measures to remedy arising issues; assessment of the impact and effectiveness of the implementation based on the proposal scheme, ensuring compliance with national technical regulations on urban and rural plannings and relevant regulations and standards;

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3. The planning formulation agency/organization or investor implementing the construction project shall update the contents to be implemented as decided by the planning approval authority to the dossier on urban and rural planning and submit it to the urban and rural planning authority affiliated with the planning approval authority for management.

Chapter II

PROCEDURES FOR FORMULATING, APPRAISING, AND APPROVING URBAN AND RURAL PLANNING OBJECTIVES AND PLANNING

Section 1. REGULATIONS ON FORMUALTION OF MASTER PLANNING FOR URBAN AREAS AND FORMULATION OF SUBDIVISION PLANNING AND DETAILED PLANNING

Article 7. Cases of formulating master planning for urban areas

1. Master urban areas according to Clause 4 Article 3 of the Law on Urban and Rural Planning shall be formulated for the following planning scopes:

a) Centrally affiliated cities;

b) Special zones within urban systems as oriented in the master planning for the urban and rural planning, regional planning, or provincial planning;

c) Existing urban areas, consisting of an independent ward or multiple adjacent wards, subject to the urban system as oriented in the comprehensive planning for the urban and rural system, regional planning, or provincial planning with a planning scope determined in the decision to approve urban and rural planning objectives;

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dd) New urban areas subject to the urban system as oriented in the comprehensive planning for the urban and rural system, regional planning, or provincial planning with a planning scope of at least 30 km2, determined in the decision to approve urban and rural planning objectives;

2. The boundary scope for urban development in the content of the approved master planning for urban areas shall be the ground and basis for urban development management.

Article 8. Cases of formulating subdivision planning

1. Areas within an urban area according to Point a Clause 5 Article 3 of the Law on Urban and Rural Planning shall be determined based on the spatial structure in the master planning for urban areas and be decided by the provincial People’s Committee in the plan for master planning implementation.

2. Functional areas according to Point b Clause 5 Article 3 of the Law on Urban and Rural Planning with a scale of at least 200 ha or specific areas determined by the provincial People’s Committee shall have objectives and requirements for investment in the construction of technical infrastructures in compliance with construction laws and project management laws.

Article 9. Cases of formulating detailed planning

1. Detailed planning according to Point a Clause 6 Article 3 of the Law on Urban and Rural Planning shall be formulated for the following cases:

a) Areas with formulated subdivision planning according to Article 8 of this Decree;

b) Areas subject to approved master planning where subdivision planning is not required;

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2. For land parcels meeting Clause 3 and Clause 5 Article 10 of this Decree, detailed planning shall be formulated following a simplified procedure (referred to as “total site planning”) without the need for planning objective formulation and approval and planning appraisal and approval.

Article 10. Total site planning

1. Total site planning shall be formulated during the project preparation and approved by the detailed planning approval authority or the delegated/authorized agency in writing.

2. Adjustments to the total site planning shall meet the conditions for planning adjustments specified in the Law on Urban and Rural Planning.

3. A land parcel for the implementation of a construction project shall meet all the following conditions for the total site planning to be formulated and approved:

a) The land use scale is less than 2 ha for an apartment or residential complex construction project; or the land use scale is less than 10 ha for a factory, plant, industrial production establishment, or non-linear technical infrastructure construction project as determined in the approved master planning, specialized planning for technical infrastructures, provincial planning, or technical/specialized planning; or the land use scale is less than 5 ha for other cases;

b) The land parcel is in an area with approved subdivision planning or area with approved master planning for cases where subdivision planning is not required;

c) The construction is carried out by a single investor or the total site planning is formulated by an assigned state agency.

4. Contents of total site planning:

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b) Indicating the location, scale of facilities, and facility items in the land parcel; expected architectural form of the facilities in conformity with the surrounding architectural landscape; schemes to design technical infrastructures that ensure consistent connection with the infrastructure system of the area and conform with the surrounding architectural space;

c) The Minister of Construction of Vietnam shall provide guidelines on the total site planning dossier.

5. For national defense and security projects requiring state secret protection, the formulation of total site planning shall comply with the regulations and guidelines of the agencies, organizations, or individuals assigned to manage and implement projects requiring state secret protection.

6. Total site planning approval:

a) A total site planning formulation agency/organization shall send a written request and total site planning dossier to the detailed planning approval authority or the delegated/authorized agency for approval;

b) Before sending the written request for approval for the total site planning, the total site planning formulation agency/organization shall solicit opinions from the relevant residential community (if any) regarding the planning contents as specified in Article 37 of the Law on Urban and Rural Planning;

c) The detailed planning approval authority or the delegated/authorized agency shall consider approving the total site planning, ensuring the requirements prescribed in Clause 5 of this Article. The time for consideration for approval for the total site planning shall be no more than 15 days from the receipt of the adequate dossier from the planning formulation agency/organization.

Section 2. PROCEDURES FOR FORMULATING, APPRAISING, AND APPROVING URBAN AND RURAL PLANNING OBJECTIVES

Article 11. Formulation of urban and rural planning objectives

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2. Planning formulation agencies/organizations shall acquire and describe participating opinions during the planning objective formulation and completion of dossiers on urban and rural planning objectives before requesting appraisal.

3. Lower-level urban and rural planning objectives may be formulated by planning formulation agencies/organizations during the formulation of higher-level planning, but they must be approved after higher-level urban and rural planning is appraised and presented to approval authorities, ensuring that the contents of the lower-level urban and rural planning objectives conform with and concretize the higher-level urban and rural planning.

4. In case of formulating or adjusting subdivision planning according to specific regulations of the Government of Vietnam, do not apply Clause 3 of this Article.

Article 12. Presentation for appraisal and appraisal of urban and rural planning objectives

1. Planning formulation agencies/organizations shall present planning appraisal agencies with dossiers on urban and rural planning objectives.

2. Planning appraisal agencies shall inspect the components and contents of the dossiers on planning objectives, ensuring compliance with urban and rural planning laws; establish or consult with competent authorities regarding the establishment of appraisal councils; solicit opinions from members of appraisal councils before holding council meetings for planning objective appraisal.

3. Planning appraisal agencies shall summarize appraisal opinions of members of appraisal councils and relevant state management authorities and send them to planning formulation agencies/organizations to research, acquire, describe, and complete dossiers on planning objectives before the urban and rural planning objectives and presented to planning approval authorities.

4. Planning formulation agencies/organizations shall acquire and adequately describe appraisal opinions summarized by appraisal agencies; complete dossiers on urban and rural planning objectives and send them back to the planning appraisal agencies for inspection and use as the grounds to complete and issue appraisal reports before the planning formulation agencies/organizations present the mentioned dossiers to planning approval authorities.

5. The appraisal by appraisal agencies, according to the Law on Urban and Rural Planning and this Article, does not replace or reduce the responsibility of planning objective formulation agencies/organizations and the responsibility of counseling organizations for the formulation of urban and rural planning objectives for their tasks as prescribed by the law.

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1. Planning formulation agencies/organizations shall present dossiers on urban and rural planning objectives to planning approval authorities to request approval.

2. Planning approval authorities shall, based on the statements enclosed with the completed dossiers on planning objectives of the planning formulation agencies/organizations and the appraisal reports of appraisal agencies, consider approving urban and rural planning objectives.

3. After the dossiers on urban and rural planning objectives are approved, planning appraisal agencies shall inspect and provide confirmation stamps for the descriptions and drawings enclosed with such dossiers as prescribed by regulations of the Minister of Construction of Vietnam.

Section 3. PROCEDURES FOR FORMULATING, APPRAISING, APPROVING, AND ADJUSTING URBAN AND RURAL PLANNING

Article 14. Formulation of urban and rural planning

1. Planning formulation agencies/organizations or assigned agencies prescribed in Clause 10 Article 17 of the Law on Urban and Rural Planning shall select qualified counseling organizations prescribed in Article 5 of this Decree to formulate planning; during the formulation of urban and rural planning, opinions must be solicited according to Article 37 of the Law on Urban and Rural Planning.

2. Planning formulation agencies/organizations shall adequately acquire and describe participating opinions during the planning formulation and completion of dossiers on urban and rural planning before requesting approval.

Article 15. Presentation for appraisal and appraisal of urban and rural planning

1. Planning formulation agencies/organizations shall present planning approval authorities with dossiers on urban and rural planning objectives to request approval after completing such dossiers according to the appraisal reports of appraisal agencies.

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3. Planning appraisal agencies shall summarize appraisal opinions of members of appraisal councils and criticisms and send them to planning formulation agencies/organizations to research, acquire, describe, and complete dossiers on planning before presenting them to planning approval authorities. For contents with different and inconsistent opinions with planning formation agencies/organizations, planning appraisal agencies shall submit reports and specify their viewpoints in the reports on appraisal of urban and rural planning for planning approval authorities to consider issuing decisions.

4. Planning formulation agencies/organizations shall acquire and adequately describe appraisal opinions and criticisms summarized by appraisal agencies; complete dossiers on urban and rural planning, send them back to the planning appraisal agencies for inspection, and issue appraisal reports before planning formulation agencies/organizations present them to planning approval authorities.

5. The appraisal by appraisal agencies, according to the Law on Urban and Rural Planning and this Article, does not replace or reduce the responsibility of planning formulation agencies/organizations and the responsibility of counseling organizations for the formulation of urban and rural planning for their tasks as prescribed by the law.

Article 16. Presentation for approval and approval of urban and rural planning

1. Planning formulation agencies/organizations shall present planning approval authorities with dossiers on urban and rural planning to request approval after completing such dossiers according to the appraisal reports of appraisal agencies.

2. Planning approval authorities shall, based on the statements enclosed with the completed dossiers on urban and rural planning of the planning formulation agencies/organizations and the appraisal reports of appraisal agencies, consider approving urban and rural planning.

3. After the dossiers on urban and rural planning are approved, planning appraisal agencies shall inspect and provide confirmation stamps for the descriptions and drawings enclosed with such dossiers as prescribed by regulations of the Minister of Construction of Vietnam.

Article 17. Procedures for approving guidelines on comprehensive adjustments to urban and rural planning

1. Approval for guidelines on comprehensive adjustments to urban and rural planning according to Point a Clause 1 Article 47 of the Law on Urban and Rural Planning shall be applicable to the level of master planning.

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a) The planning formulation agency/organization shall submit a written report to the planning approval authority and appraisal agency, proposing the implementation of comprehensive adjustments to urban and rural planning. The report shall be based on the results of the review and assessment of the implementation of the master planning, specifying the reasons and necessity for the comprehensive adjustments, as well as the start and completion time of the formulation of the comprehensive adjustments to the master planning.

b) The planning appraisal agency shall research the content of the report and proposal of the planning formulation agency, assess them according to regulations on planning adjustment conditions, and send a written report to the planning approval authority for approval for comprehensive adjustments to the master planning.

c) The planning approval authority shall approve comprehensive adjustments to the master planning in writing.

3. Procedures for formulating, appraising, approving, and announcing comprehensive adjustments to master planning prescribed in this Article shall comply with urban and rural planning laws.

Chapter III

REGULATIONS ON ASSURANCE OF QUALITY AND OPERATIONAL EFFECTIVENESS OF URBAN AND RURAL PLANNING

Article 18. Maps serving formulation of urban and rural planning objectives and planning

1. Topographic maps serving the formulation of planning objectives and planning shall be formulated by cartography authorities or surveying and topography authorities, ensuring quality and technical requirements according to regulations on topographic and cartographic operations and conformity with regulations on the development of urban and rural planning databases.

2. Topographic maps' information and data must meet the requirements for formulating planning objectives and planning in conformity with each type and level of planning. Where the topographic maps are not conformable with the current situation at the time of planning formulation, authorities competent to approve urban and rural planning objectives and planning shall decide to conduct additional topographic surveys according to the procedures prescribed in the law on topography and cartography.

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1. For cases determined for the implementation of competitions for urban and rural planning ideas according to Clause 3 Article 19 of the Law on Urban and Rural Planning, the planning formulation agency/organization shall, based on the approved planning objectives, carry out the following tasks:

a) Formulate and approve plans and estimates of funding for organizing the competition;

b) Formulate and issue competition regulations enclosed with documents containing information on the planning site serving the competition;

c) Establish a competition council and technical team; stipulate the responsibilities of the competition council and technical team.

d) Notify and invite at least 3 qualified counseling organizations to participate in the competition for urban and rural planning ideas;

dd) Receive competition dossiers and hand them over to the competition council;

e) Decide and announce the competition results.

2. The competition regulations shall include:

a) Form, scale, nature, purpose, and requirements of the competition;

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c) Composition of the competition council and basic information on the expertise and experience of its members;

d) Cost of organizing the competition and the basis for determining planning formulation costs;

dd) Structure and value of awards (if any);

e) Rights and responsibilities of concerned parties and copyrights;

g) Template of the competition participation registration sheet;

h) Other contents as required for each competition (e.g., regulations on competition rounds (if any) and cases where no optimal plan is available after a competition round; principles of determining planning formulation costs, etc.);

i) Documents containing information on the planning site:

Documents containing information on the planning site serving the competition enclosed with the competition regulations include the legal information of the area subject to planning formulation; drawings and figures on the current conditions; objectives, development requirements, and expected road maps for investment mobilization or investment; requirements for spatial layout, landscape architecture, and other relevant requirements.

3. A competition dossier includes descriptions and drawings of planning ideas, technical solutions, videos, images, models (if any), financial proposals, and planning formulation costs. The dossier must use a consistent language (Vietnamese or bilingual), measurement unit, currency, and anonymity principles (no names and logos of counseling units or authors).

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a) The competition council shall have an odd number of members, at least 9 members, including 1 president and other members;

b) The council shall include representatives of state management authorities, relevant socio-vocational organizations, urban and rural planning specialists, and representatives of the planning formulation agency/organization; at least one-third of the members must be experienced specialists in urban and rural planning. The president of the council must be an experienced and reputable urban and rural planning specialist, elected by the council or invited by the planning formulation agency/organization;

c) The competition council shall adopt working regulations signed and issued by the president. It shall also analyze planning ideas based on competition regulations and scientific and practical aspects of schemes, assess and rank the counseling organizations, and summarize and report the results of the competition for urban and rural planning ideas.

5. The competition results shall be reported in writing to the planning formulation agency by the competition council and signed by its president. The report shall include:

a) The process of receiving competition dossiers;

b) The number of participating units, received competition dossiers, and valid and invalid dossiers according to the criteria in the competition regulations;

c) Ranking of the competition results by the competition council following the criteria in the competition regulations corresponding to specific awards;

d) Proposal concerning the unit selected to provide urban and rural planning formulation counseling services.

Article 20. Selection of counseling organizations for formulation of urban and rural planning objectives and planning

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a) According to bidding laws, on the basis of ensuring regulations on capacity conditions of organizations according to urban and rural planning laws;

b) In cases where the expected costs of formulating urban and rural planning objectives are not subject to implementation according to bidding laws, the planning formulation agency/organization may formulate urban and rural planning objectives itself or designate a counseling organization to formulate urban and rural planning objectives according to bidding laws.

2. A counseling organization for the formulation of urban and rural planning objectives may be selected through:

a) Bidding according to bidding laws, on the basis of ensuring regulations on capacity conditions of organizations according to urban and rural planning laws;

b) Competitions for urban and rural planning ideas; the planning organization agency/organization shall organize competitions for ideas according to Article 19 of this Law.

Article 21. Management of funding for urban and rural planning operations

1. Directors of planning formulation agencies/organizations shall manage funding from the state budget for urban and rural planning operations; control advances, payments, and settlements based on workload, in compliance with budget laws, and through the Vietnam State Treasury. Relevant agencies shall cooperate in the inspection and supervision.

2. The Ministry of Construction of Vietnam shall formulate and promulgate a list of planning projects and annual state budget funding plans for urban and rural planning formulated by the Ministry of Construction of Vietnam and other planning assigned by the Prime Minister of Vietnam; approve the cost estimates and adjusted cost estimates (if any) for urban and rural planning operations.

3. The People’s Committees of all levels, competent to approve planning, shall formulate and issue lists of planning projects and annual state budget funding plans for urban and rural planning within their financial management scope, excluding planning formulated by the Ministry of Construction of Vietnam; approve the cost estimates and adjusted cost estimates (if any) for urban and rural planning operations.

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1. Agencies receiving and managing support sources for urban and rural planning operations:

a) For urban and rural planning objectives and planning under the approval jurisdiction of the Prime Minister of Vietnam, provincial People’s Committees shall decide on the receipt of financial support;

b) For urban and rural planning objectives and planning not under Point a of this Clause, the planning approval authorities shall decide on the receipt of financial support;

c) Planning formulation agencies/organizations shall receive support resources in the form of research results and awards of competitions for urban and rural planning ideas; sponsorships for domestic and overseas conferences, seminars, drills, research, surveys, and training.

2. Management and use of support sources for urban and rural planning operations:

a) For financial support: it shall be transferred to the local budgets and managed and used according to state budget laws;

c) For support resources in the form of research results and awards of competitions for urban and rural planning ideas; sponsorships for domestic and overseas conferences, seminars, drills, research, surveys, and training: sponsors shall directly manage and decide on the implementation costs.

3. The formulation, appraisal, approval, adjustment, and announcement of urban and rural planning using sponsorships shall comply with urban and rural planning laws.

Article 23. Regulations on urban and rural planning-based management

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a) Boundary, scope, and nature of the planning site;

b) Technical-economic targets, regulations on spatial control, landscape architecture, and controlled construction elevation for each area;

c) Red-line boundaries and construction boundaries for each urban-level or regional-level road in case of master planning for urban areas that are not centrally affiliated cities, master planning for economic zones, and master planning for national tourism zones;

d) Determination of areas where construction is prohibited; protection scope; safety corridors of technical infrastructures, facilities with specific functions, and underground facilities; conservation and enhancement areas for architectural facilities, historical/cultural relics, scenic landscapes, and topographic landscapes;

dd) Environmental protection requirements and measures;

e) Implementation responsibilities; implementation principles according to the approved master planning.

2. Regulations on subdivision planning-based management must conform with the approved planning and include the following:

a) Scope and scale of the area subject to planning; location, boundary, nature, and scale of functional areas in the area subject to planning;

b) Technical-economic targets, use targets of the land subject to planning, and construction elevation for each land parcel;

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d) Protection scope, safety corridors of technical infrastructures, facilities with specific functions, and underground facilities; conservation, renovation, and refurbishment areas for historical/cultural relics, scenic landscapes, and topographic landscapes;

dd) Environmental protection requirements and measures;

e) Implementation responsibilities; implementation principles according to the approved subdivision planning.

3. Regulations on detailed planning-based management must conform with the approved planning and include the following:

a) Boundary, scope, nature, and function of the area subject to planning;

b) Technical-economic targets, use targets of the land subject to planning, and construction elevation for each land parcel;

c) Regulations on facility height, floor elevation, and the height of the first floor or base of high-rise facilities, forms of architecture and fencing of facilities, and construction materials of facilities;

d) Red-line boundaries, construction boundaries, and specific technical requirements for each internal-level road; protection scope and safety corridors of technical infrastructures, facilities with specific functions, and underground facilities;

dd) Lists and regulations on conservation, renovation, and refurbishment of architectural facilities, historical/cultural relics, scenic landscapes, and topographic landscapes;

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g) Implementation responsibilities; implementation principles according to the approved detailed planning.

4. Regulations on underground space planning-based management for centrally affiliated cities must conform with the approved planning and include the following:

a) Boundary and scope of underground space planning formulation;

b) Regulations on planning elevation and relations with relevant facilities and areas;

c) Construction boundaries and specific technical requirements for each underground route and facility area; protection scope and safety corridors of underground facilities;

d) Environmental protection requirements and measures;

dd) Implementation responsibilities; implementation principles according to the approved underground space planning.

5. Regulations on specialized planning for technical infrastructures-based management for centrally affiliated cities must conform with the approved planning and include the following:

a) Boundary and scope of the formulation of specialized planning for technical infrastructures;

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c) Construction boundaries and specific technical requirements for each technical infrastructure route and facility area; protection scope and safety corridors of technical infrastructures;

d) Environmental protection requirements and measures;

dd) Implementation responsibilities; implementation principles according to the approved specialized planning for technical infrastructures.

Article 24. Development, management, operation, and utilization of urban and rural planning databases

1. Principles of developing, updating, managing, utilizing, and using urban and rural planning databases:

a) Urban and rural planning databases shall be developed simultaneously throughout the entire process of surveying, measuring, preparing planning objectives and planning, and implementing such objectives and planning;

b) Urban and rural planning databases shall be developed and managed in a concentrated, consistent, and synchronized manner, from the central level to the local level;

c) Urban and rural planning databases shall be developed and updated to ensure adequate, accurate, timely, and synchronized information provision in information systems and national databases concerning construction operations, meeting the requirements for state management of construction investment;

d) Urban and rural planning databases shall be maintained for continuous, stable, and smooth operations and shall be stored long-term, meeting the needs for utilization and use of agencies, organizations, and individuals according to the law;

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2. The development, update, management, utilization, and use of urban and rural planning databases shall comply with the regulations of the Government of Vietnam on information systems and national databases on construction operations and information technology, electronic transaction, cyber information safety, cybersecurity, and information access laws; regulations on digital data management, connection, and sharing of state agencies.

3. Responsibility and funding for managing the operation of urban and rural planning database systems:

a) Planning formulation agencies/organizations shall develop and update urban and rural planning databases through urban and rural planning formulation, appraisal, approval, and adjustment; urban and rural planning authorities at the provincial level and commune level shall manage, utilize, and use urban and rural planning database systems;

b) Funding for developing, updating, managing, utilizing, and using urban and rural planning databases shall be allocated from the state budget’s recurrent expenditures and determined under the guidelines of the Minister of Construction of Vietnam.

Chapter IV

TRANSITIONAL PROVISIONS

Article 25. Transitional provisions in Clause 8 Article 59 of Law on Urban and Rural Planning

1. The planning formulation agency/organization shall summarize the results of the formulation and approval of the subdivision planning after the master planning is approved; develop a plan that determines functional areas to be established or adjusts the subdivision planning based on the approved master planning and report on the issuance of the plan to the master planning approval authority for implementation within 2 years as prescribed by the Law on Urban and Rural Planning.

2. After the period mentioned above, if the subdivision planning is not completed according to the issued plan, the planning formulation agency/organization shall adjust the master planning in compliance with the Law on Urban and Rural Planning.

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1. Detailed planning approved under simplified procedures, during project implementation after the effective date of this Decree, shall remain effective until adjusted as prescribed by this Decree’s regulations on total site planning. Where the detailed planning under simplified procedures is being formulated and has yet to be approved, comply with this Decree’s regulations on the formulation and approval of total site planning.

2. Rural areas with approved rural planning that remains valid and meets the conditions for local adjustments may undergo local adjustments in accordance with urban and rural planning laws.

3. Construction planning for inter-district and district-level areas shall comply with Clause 1 Article 59 of the Law on Urban and Rural Planning; where no replacement planning is available, specific contents concerning technical infrastructures of construction planning for inter-district or district-level areas, if meeting the conditions for local adjustment, may undergo local adjustments as prescribed by urban and rural planning laws.

4. Commune-level towns or new urban areas with urban planning approved before the effective date of this Decree that now fall under the jurisdiction of communes shall continue to be managed and implemented as specified in the approved urban planning. When formulating and approving master planning for communes after restructuring, the contents of the approved urban planning must be inherited.

5. Decisions on urban classification of competent authorities promulgated before July 1, 2025, according to the results of urban quality assessments under approved urban and rural planning, shall remain effective until replaced, amended, or annulled as prescribed by the law.

Chapter V

IMPLEMENTATION

Article 27. Implementation

1. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, Directors of agencies, political organizations, socio-political organizations, socio-vocational political organizations, and relevant agencies and individuals shall implement this Decree.

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a) Take charge and cooperate with ministries, central authorities, and provincial People’s Committees in implementing the state management of urban and rural planning;

b) Periodically inspect, urge, and instruct local authorities to comply with urban and rural planning laws; promptly detect difficulties and shortcomings concerning urban and rural planning operations to research and propose handling solutions to the Government of Vietnam, the Prime Minister of Vietnam, and relevant ministries and central authorities;

c) Review, adjust, supplement, and promulgate new national technical regulations on urban and rural planning.

3. People’s Committees at all levels shall:

a) Allocate funding from the state budget allocated to local authorities to implement urban and rural planning operations according to the law and under the guidelines of the Ministry of Construction of Vietnam;

 b) Inspect compliance with urban and rural planning laws; promptly detect, summarize, and report on difficulties and shortcomings to competent authorities as grounds to continue to complete the legal document system.

Article 28. Amendments to certain articles and clauses in relevant Decrees

1. Amendments to Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government of Vietnam:

a) “quy hoạch xây dựng” (construction planning) in Clause 3 Article 1, Point g Clause 2 Article 17, Clause 1 Article 61, Point c Clause 4 and Point c Clause 5 Article 70, Point c Clause 2 Article 71, Point a Clause 2 Article 119, Clauses 5 and 6 Article 121, and Clause 5 Article 122 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

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c) “thiết kế quy hoạch xây dựng” (construction planning designs) in Clauses 13 and 14 Article 3 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

d) Amendments to Clause 21 Article 3: “21. “Urban and rural planning” prescribed herein means a general phrase used for planning types and levels specified in the Law on Urban and Rural Planning and unexpired planning formulated and approved under urban planning laws and construction laws in accordance with urban and rural planning laws.”;

dd) “quy hoạch xây dựng” (construction planning) in Point a Clause 1 Article 4 is replaced with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning under urban and rural planning laws);

e) Amendments to Point a Clause 2 Article 13: “a) For a project on the construction of framework technical infrastructures for an inter-district or district-level area: unexpired construction planning for the inter-district or district-level area in compliance with urban and rural planning laws shall be the ground to formulate the construction project;”;

g) “quy hoạch xây dựng hoặc quy hoạch có tính chất kỹ thuật chuyên ngành” (construction planning or technically specialized planning) in Point g Clause 2 Article 13 is replaced with “quy hoạch đô thị và nông thôn”(urban and rural planning);

h) Amendments to Point a Clause 3 Article 13: “a) Layout, blocks, and specifications may be adjusted when ensuring the land use targets of the land are for project implementation approved in the planning according to urban and rural planning laws, regulations on spatial management and urban design, regulations on architectural management (if any), and regulations on urban and rural planning;”;

i) Amendments to Point a Clause 2 Article 18: “a) Regarding urban and rural planning: assess conformity of the fundamental design with the land use targets determined in the urban and rural planning used as the ground for project formulation according to Clause 2 Article 13 of this Decree; inspect conformity in terms of land use functions defined in the master planning; land use functions and targets, restricted population size defined in the subdivision planning (if any) of the project site;”;

k) “quy hoạch đô thị, quy hoạch xây dựng khu chức năng hoặc quy hoạch chi tiết xây dựng điểm dân cư nông thôn” (urban planning, functional zone construction planning, and detailed planning on construction of rural residential areas) in Point d Clause 1 Article 44 is replaced with từ “quy hoạch đô thị và nông thôn” (urban and rural planning);

l) “quy hoạch xây dựng” (construction planning) in Clauses 1 and 2 Article 65 is replaced with “quy hoạch” (planning);

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n) Amendments to Article 81:

“Article 81. Professional experience requirements to be satisfied when applying for practicing certificate in urban and rural planning formulation

An individual may be issued with a practicing certificate in urban and rural planning formulation if he/she meets the general eligibility requirements prescribed in Article 79 of this Decree and the professional experience requirements corresponding to each class of practicing certificate as follows:

1. Class I: The applicant has worked as a president or chairperson in charge of the formulation or urban and rural planning in his/her professional field for at least 1 urban and rural planning project approved by the Prime Minister of Vietnam or 2 urban and rural planning projects (including 1 master planning or subdivision planning) approved by the provincial People's Committee.

2. Class II: The applicant has worked as a president or chairperson in charge of the formulation or urban and rural planning in his/her professional field for at least 1 urban and rural planning project approved by the provincial People’s Committee or 2 urban and rural planning projects approved by the commune-level People’s Committee.

3. Class III: The applicant has participated in the formulation of urban and rural planning in his/her professional field for at least 2 approved urban and rural planning projects.";

o) Amendments to Point b Clause 5 Article 98: “b) For an organization engaged in urban and rural planning formulation: the individual who works as a president or chairperson in charge of specialized fields concerning urban and rural planning, architecture, transportation, electricity, and water supply and drainage of an urban and rural planning project must hold a corresponding practicing certificate, as specified in Section 2 Appendix VII of this Decree, of a class appropriate to that of the competency certificate applied for;”

p) Amendments to Article 103:

“Article 103. Capacity requirements to be satisfied by organizations engaged in urban and rural planning formulation

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1. Class I:

a) At least 2 individuals who work as president or chairperson in charge of each of the specialized fields concerning urban and rural planning, architecture, transportation, electricity, and water supply and drainage of the urban and rural planning project have class-I practice certificates relevant to their specialized fields;

b) The organization has formulated at least 1 urban and rural planning project that falls under the jurisdiction of and has been approved by the Prime Minister of Vietnam, or 2 urban and rural planning projects (including 1 master planning project) that fall under the jurisdiction of and have been approved by the provincial People’s Committee.

2. Class II:

a) The individual who works as president or chairperson in charge of the specialized fields concerning urban and rural planning, architecture, transportation, electricity, and water supply and drainage of the urban and rural planning project holds a practicing certificate of class II or higher, relevant to his/her specialized field;

b) The individual mentioned above has formulated at least 1 urban and rural planning project that falls under the jurisdiction of and has been approved by the provincial People’s Committee.

3. Class III:

The individual who works as president or chairperson in charge of the specialized fields concerning urban and rural planning, architecture, transportation, electricity, and water supply and drainage of the urban and rural planning project holds a practicing certificate of class III or higher, relevant to his/her specialized field.”;

q) “quy hoạch đô thị, quy hoạch xây dựng” (urban planning and construction planning) in Clause 13 Article 122 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

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2

Urban and rural planning formulation

Entitled to formulate planning objectives and all urban and rural planning

Entitled to formulate planning objectives and urban and rural planning under the approval jurisdiction of provincial People’s Committees

Entitled to formulate planning objectives and urban and rural planning under the approval jurisdiction of commune-level People’s Committees

2. Amendments to Decree No. 111/2024/ND-CP dated September 6, 2024 of the Government of Vietnam:

a) “quy hoạch xây dựng” (construction planning) in Clause 2 Article 1, Clause 3 Article 3, Point b Clause 1 Article 7, Clause 4 Article 8, title of Clause 5 and Point b Clause 5 Article 10, and Clause 5 Article 12 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

b) Amendments to Article 6:

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1. Information and data in urban and rural planning databases shall be classified as follows:

a) Urban planning;

b) Rural planning;

c) Functional zone planning;

d) Underground space planning for centrally affiliated cities;

dd) Specialized planning for urban technical infrastructures for centrally affiliated cities.

2. Information on urban and rural planning collected and updated in urban and rural planning databases includes:

a) General information: Name of the planning and planning type; location, area scale of the planning site; planning formulation agency/organization; planning appraisal agency, planning approval authority; year of planning approval;

b) Detailed information: Dossiers and documents on the urban and rural planning and some or all information within such dossiers and documents, including the decision on approval for the urban and rural planning objectives and planning by the competent authority; drawings, general descriptions, urban designs (if any), and regulations on management based on the approved planning (if any); plan to implement the urban and rural planning; other relevant information (if any).

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4. Master data in urban and rural planning databases includes the information codes prescribed in Point a Clause 2 Article 8 of this Decree and the general information specified in Point a Clause 2 of this Article.”;

c) “đồ án quy hoạch xây dựng” (construction planning projects) in the title of Clause 2 Article 8 and Clause 1 Article 10 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

3. Amendments to Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government of Vietnam:

a) “quy hoạch xây dựng” (construction planning) in Article 5 and Point a Clause 2 Article 27 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

b) “quy hoạch xây dựng” (construction planning) in Clause 1 Article 58 is replaced with “quy hoạch” (planning);

4. Amendments to Decree No. 98/2024/ND-CP dated July 25, 2024 of the Government of Vietnam:

a) “Pursuant to the Law on Urban and Rural Planning dated November 26, 2024" is added to the grounds

b) “quy hoạch xây dựng” (construction planning) in Point c Clause 2 Article 24 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

c) “quy hoạch đô thị, quy hoạch xây dựng” (urban planning and construction planning) in Clause 5 Article 6 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

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a) “quy hoạch xây dựng” (construction planning) in Clause 2 Article 37 and Appendix X, Appendix XII, and Appendix XIII is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

b) “quy hoạch xây dựng” (construction planning ) in Point a Clause 2 Article 4, Point b Clause 2 Article 9, Point d Clause 3 Article 10, and Clause 2 Article 35 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

6. Amendments to Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government of Vietnam:

a) “quy hoạch xây dựng, quy hoạch đô thị” (construction planning and urban planning) in Article 14 and Appendix II is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning);

b) “quy hoạch xây dựng nhà ở công vụ, quy hoạch xây dựng công trình thuộc dự án quan trọng quốc gia” (planning for construction of official housing, planning for construction of facilities under projects of national importance) in Point a Clause 1 Article 68 is replaced with từ “quy hoạch để xây dựng nhà ở công vụ, công trình thuộc dự án quan trọng quốc gia” (planning for construction of official housing and facilities under projects of national importance);

c) “quy hoạch xây dựng” (construction planning) in Form No. 02 in Appendix V is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

7. Amendments to Decree No. 10/2024/ND-CP dated February 1, 2024 of the Government of Vietnam:

a) “quy hoạch xây dựng khu công nghệ cao” (planning for construction of hi-tech parks) in Clause 5 Article 4, Clause 2 Article 9, Clause 5 Article 10, Point c Clause 3 Article 24, Clause 6 Article 45, and Point d Clause 4 Article 47 is replaced with “quy hoạch khu công nghệ cao” (hi-tech park planning);

b) “xây dựng” (construction) is removed from “quy hoạch xây dựng” (construction planning) in Clause 1 Article 17, Clause 6 Article 44, and Clause 7 Article 45;

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8. Amendments to Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government of Vietnam:

a) “xây dựng” (construction) is removed from “quy hoạch xây dựng khu công nghiệp” (industrial park construction planning), “quy hoạch xây dựng khu kinh tế” (economic zone construction planning), “quy hoạch chung xây dựng”(construction master planning), “quy hoạch phân khu xây dựng” (construction subdivision planning), and “quy hoạch chi tiết xây dựng” (construction detailed planning) in Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government of Vietnam;

b) “quy hoạch xây dựng nhà ở” (planning for housing construction) in Point d Clause 4 Article 4, Clause 7 Article 9, and Clause 5 Article 29 is amended into “quy hoạch, xây dựng nhà ở” (planning, housing construction);

c) “quy hoạch xây dựng” (construction planning ) in Clause 12 Article 7, Point a Clause 3 Article 27, Point a Clause 3 Article 29, Clause 1 Article 38, and Point a Clause 2 Article 68 is replaced with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning according to urban and rural planning laws);

c) “quy hoạch xây dựng” (construction planning) in Clause 2 Article 51 and Point l Clause 3 Article 69 is replaced with “quy hoạch đô thị và nông thôn” (urban and rural planning).

9. Amendments to Decree No. 85/2020/ND-CP dated July 17, 2020 of the Government of Vietnam:

a) Amendments to Clause 1 Article 17: “1. There is a design task in conformity with the urban and rural planning and regulations on architectural management (if any) approved and promulgated by the competent authority.”;

b) “quy hoạch xây dựng nông thôn” (rural construction planning) in Point e Clause 1 Article 13 is replaced with “quy hoạch nông thôn” (rural planning.

Article 29. Entry into force

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2. The following legal documents shall be annulled:

a) Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government of Vietnam;

b) Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government of Vietnam;

c) Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government of Vietnam.

3. Articles 1 and 2 of Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government of Vietnam are annulled.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha