Quyết định 18/2025/QĐ-TTg quy định về trình tự, thủ tục phê duyệt điều chỉnh cục bộ Quy hoạch đô thị và nông thôn được Thủ tướng Chính phủ phê duyệt do Ủy ban nhân dân cấp tỉnh tổ chức lập

DECISION

Providing regulations on procedures for approval of local adjustments to urban and rural planning approved by the Prime Minister made by the Provincial People’s Committees

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

Pursuant to the Law on Organization of Local Government dated June 16, 2025;

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

At the request of the Minister of Construction in Statement No. 41/TTr-BXD dated May 23, 2025, Follow-up report No. 64/BC-BXD dated May 23, 2025 and Document No. 5537/BXD-QHKT dated June 23, 2025 of the Ministry of Construction;

The Prime Minister hereby promulgates a Decision providing regulations on procedures for approval of local adjustments to urban and rural planning approved by the Prime Minister made by the Provincial People’s Committees.

Article 1. Principles of local adjustments to urban and rural planning approved by the Prime Minister made by the Provincial People’s Committees

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Article 2. Procedures for approval of local adjustments to urban and rural planning

Procedures for approval of local adjustments to urban and rural planning shall comply with the provisions of clause 2 Article 47 of the Law on Urban and Rural Planning of 2024.

Article 3. Preparation of applications for local adjustments to urban and rural planning

1. The Provincial People’s Committee shall submit an application for local adjustments to urban and rural planning to a relevant agency or another administrative organization under the Provincial People’s Committee. The application for local adjustments to planning may be prepared by the Provincial People's Committee or by a consulting firm that meets requirements specified in the Law on Urban and Rural Planning of 2024 selected by the Provincial People's Committee following the principle of ensuring independence between the preparation, appraisal and approval of local adjustments to urban and rural planning.

2. Documents included in the application and contents of the application for local adjustments to urban and local planning shall comply with the provisions of the Ministry of Construction on planning assignment records and urban and rural planning records.

Article 4. Soliciting feedback on the content of local adjustments to urban and rural planning

1. Respondents are those specified in the provisions of point a clause 2 Article 47 of the Law on Urban and Rural Planning of 2024.

2. The content, format and timing for solicitation shall comply with the provisions of clause 6 and clause 7 Article 37 of the Law on Urban and Rural Planning of 2024.

Article 5. Appraisal of local adjustment to urban and rural planning

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2. Appraising authorities shall consolidate appraisal results in writing, submit them to the Provincial People’s Committees for consideration and approval; be responsible to the law, the Provincial People’s Committees and the Ministry of Construction for their appraisal results.

3. The appraisal content shall include:

a) The compliance with the procedures for preparation of local adjustments to urban and rural planning in accordance with the provisions of this Decision;

b) Assessments of the conformity of the proposals to the regulations on grounds, conditions and contents of local adjustment in accordance with urban and rural planning laws;

c) Assessments of the conformity to the applicable regulations on construction planning and other related regulations;

d) Assessments of the conformity with principles and requirements for urban and rural planning specified in Article 6 and Article 7 of the Law on Urban and Rural Planning.

4. An application for appraisal shall include the records and documents specified in clause 2 Article 3 and follow-up reports in accordance with the provisions of Article 4 of this Decision.

5. The time limit for appraisal is 20 days from the day on which the satisfactory application is received as per regulations.

Article 6. Approval of local adjustments to urban and rural planning

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a) Contents of the feedback from the Ministry of Construction include:  Grounds, conditions and contents of local adjustments to urban and rural planning; the conformity with the regulations on construction planning and other related regulations.

b) An application for solicitation of feedback from the Ministry of Construction includes: The application form made by the Provincial People’s Committee sent to the Ministry of Construction; the application specified in clause 5 Article 5 of this Decision and the draft report on the appraisal results of the appraising authority.

c) The application for consolidation of feedback from the Ministry of Construction shall be executed in 2 counterparts including 01 printed original and  01 electronic original digitized from the printed original in Portable Document Format (*.pdf) version 1.4 or higher (including A0-sized drawings that have been digitized).

d) The time limit for the Ministry of Construction to give feedback is 15 days from the day on which the satisfactory application is received as per regulations. If the application is not satisfactory, the Ministry of Construction shall send a written notification to the Provincial People’s Committee of supplementation of the application within 2 working days.

2. In cases where the feedback on local adjustments of the Provincial People's Committee is different from that of the Ministry of Construction, the Provincial People's Committee shall decide the approval of local adjustments to urban and rural planning within its competence and shall bear full responsibility before the law.

3. A decision to approve local adjustments to urban and rural planning must consist of all contents and plans for implementing and identifying items and indicators being adjusted or replaced specified in the Decision issued by the Prime Minister and regulated according to the urban and rural planning approved by the competent authority.

4. The time limit for approval of local adjustments to urban and rural planning is 15 days from the date of receipt of unanimous opinions of the Ministry of Construction.

5. Drawings and documents related to the approved local adjustments to urban and rural planning must be stamped and certified by the planning authority, serving as the basis and foundation for management and implementation. 01 complete application shall be sent to the Ministry of Construction for filing and monitoring purposes.

Article 7. Update and disclosure of contents of local adjustments to urban and rural planning

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2. No later than 15 days from the date of approval by the competent authority, any local adjustments to urban and rural planning must be posted on the Vietnam Urban and Construction Planning Portal (at http://quyhoach.xaydung.gov.vn) and publicly disclosed in forms prescribed in the Law on Urban and Rural Planning of 2024.

3. Results of local adjustments to urban and local planning shall be reported by sending the Decision on approval to the Prime Minister, the Ministry of Construction and the People's Council at the same level.

4. Local adjustments shall be updated by sending the application for local adjustments to urban and rural planning that was approved by the Prime Minister to agencies or organizations conducting urban and rural planning activities that are holding the application.

Article 8. Implementation clauses

1. This Decision comes into force from July 01, 2025.

2. This Decision replaces the following Decisions of the Prime Minister: Decision No. 15/2022/QD-TTg dated May 27, 2022, Decision No. 20/2022/QD-TTg dated October 12, 2022, Decision No. 07/2023/QD-TTg dated March 17, 2023, Decision No. 20/2023/QD-TTg dated August 10, 2023 and Decision No. 23/2024/QD-TTg dated December 10, 2024.

3. Local adjustments to construction planning and urban planning approved by the Prime Minister which have been appraised by the Ministry of Construction before July 1, 2025 may continue to be approved in accordance with construction laws and urban planning laws.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies, the Provincial People’s Committees and Heads of relevant units are responsible for implementation of this Decision.

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PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha