Quyết định 50/2011/QD-UBND

DECISION

ON FORMULATION, ASSESSMENT AND APPROVAL URBAN PLANNING IN THE AREA OF HOCHIMINH CITY

HOCHIMINH CITY’S PEOPLE COMMITTEE

Pursuant to the Law on Organization of People's Council and People's Committee of 26 November 2003;

Pursuant to the Law on Urban Planning dated June 17, 2009;
Pursuant to Decree No. 08/ND-CP dated January 24, 2005 of the Government on construction planning;

Pursuant to Decree No. 02/2006/ND-CP dated January 05, 2006 of the Government promulgating the Regulation on new urban areas;Pursuant to Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government regulating the industrial zones, export processing zones and economic zones;Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on management of investment projects in works construction;

Pursuant to Decree No. 37/2010/ND-CP dated April 7, 2010 by the Government on the formulation, evaluation, approval and management of urban planning;Pursuant to Decree No. 71/2010/ND-CP June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law;Pursuant to Circular No. 07/TT-BXD April 7, 2008 by Ministry of Construction guiding the formulation, evaluation, approval and management of construction planning;Pursuant to Circular No. 19/2008/TT-BXD November 20, 2008 of the Ministry of Construction guiding the elaboration, evaluation, approval and construction planning management of industrial zones and economic zones;Pursuant to Circular No. 03/2009/TT-BXD March 26, 2009 of the Ministry of Construction detailing some of the content of the Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on management of investment projects for construction of works;

Pursuant to Circular No. 33/2009/TT-BXD dated September 30, 2009 of the Ministry of Construction issuing the national technical regulations classifying and grading industrial and civil works and urban infrastructure marketing;

Pursuant to Circular No. 10/2010/TT-BXD dated August 11, 2010 of the Ministry of Construction regulating dossier of each type of urban planning;

Pursuant to Circular No. 39/2009/TT-BCT dated December 28, 2009 of the Ministry of Industry and Trade stipulating some contents regulations on management of industrial clusters issued together with Decision No. 105/2009/QD-TTg dated August 19, 2009 by the Prime Minister;

Pursuant to Circular No. 16/2010/TT-BXD dated September 1, 2010 the Ministry of Construction specifically stipulating and guiding some contents of the Decree No. 71/2010/ND-CP dated April 7, 2010 of the Government;
Considering  the proposal of the Service of Planning - Architecture in the Report No. 611/TTr-SQHKT dated March 9, 2011, the official dispatch No. 1891/SQHKT-PC dated July 6, 2011 and evaluation opinions of the Service of Justice in the official dispatch No. 6336/STP-VB dated December 23, 2010,

DECIDES:

Article 1. Scope and subject of application

This decision applies to organizations and individuals involved in the formulation, evaluation and approval of urban planning in the area of Ho Chi Minh City.

Article 2. Types of urban planning

1. Types of urban planning include:

a) General planning is made for the city and town in suburban districts. The drawing of a general master plan of the city shall be made on the scale of 1:25,000 or 1/50.000. The drawing of the general master plan of the town is expressed on the scale of 1/5,000 or 1/10,000.

b) The adjusted general master plan on construction of district, the general master plan on construction of urban areas, the general master plan of industrial clusters and parks: are the adjusted general master plan on the construction of the district, the general master plan on construction of urban areas, the general master plan of the industrial parks and clusters that have been approved the tasks before May 25, 2010 (the effective date of Decree No. 37 / 2010/ND-CP dated April 7, 2010 by the Government on the formulation, evaluation, approval and management of urban planning - hereinafter referred to as Decree No. 37/2010/ND-CP)

c) Planning and zoning are made for areas in the city. Drawings of the planning and zoning master plan are expressed on a scale of 1/2.000 or 1/2.000.

d) Detailed constructional master plan of scale 1/2000: is the detailed constructional master plan of scale of 1/2000 (newly established or overall adjusted) have been approved the tasks before May 25, 2010.

e) Detailed planning of industrial clusters and parks is made for the concentrated industrial clusters and parks. The drawing of the detailed master plan of industrial clusters and parks is expressed on a scale of 1/500 (for industrial clusters and parks covering an area of 200 ha or less) or scale of 1/2000 (for industrial parks with the area larger than ​​200 ha).

g) Detailed planning is made for areas on demand for urban development and management or need of investment and construction. The drawing of the detailed master plan is expressed on a scale of 1/500.

For construction projects implemented by an investor with a scale of less than 5 ha (less than 2 ha for investment project of residential building construction) can set up project of constructional investment without making detailed planning (scale 1/500). The perspective drawing, the architectural plan of works, the solution of technical infrastructure in the basic design content must consist with the planning and zoning, detailed planning of construction of the scale 1/2000 or planning the approved (for areas without zoning, detailed construction plans scale 1/2000 is approved), ensuring synchronous connection with the common technical infrastructure and in accordance with the general landscape of the region.

h) Technical infrastructure planning constitutes a part in general master plan, the adjusted general master plan on construction of district, the general master plan on construction of urban areas, the general master plan- detailed planning of industrial clusters and parks, detailed master plan of construction of scale 1/2000, planning and zoning, detailed planning. For general city planning, infrastructure planning shall be made separately into master plan of specialized technical infrastructure.

2. The separate urban design master plan is made in areas of basically stable function of land lot use (no need to establish the zoning master plan or detailed planning) as a basis for management of construction investment and grant of building permit. The organization of the making, evaluation and approval of separate urban design master plan shall comply with the regulations as applicable to the detailed master plan in Articles 19, 20, 21, 41, 42, 43, 44 and 45 of the Law on Urban Planning.

Article 3. The order of making, evaluation and approval of urban planning; gathering of opinions for the approval of the perspective drawing, the architectural plan of works in the basic design content of the construction investment project without making detailed planning (scale 1/500)

1. The making, evaluation and approval urban planning, separate urban design master plan must comply with the following order:

a) Formulating the tasks;

b) Evaluating and approving the tasks;

c) Making the master plan;

d) Evaluating and approving the master plan;

2. When evaluating work constructional investment projects without making detailed planning of 1/500 (to be specified at Point g, Clause 1, Article 2 of this Decision), the investment project evaluation agency or investor must be consulted on the perspective drawing, architectural plan of works of the competent agencies defined in Article 12 of this Decision.

Article 4.  Significant areas of the city

1. The expanded existing center area of the city;

2. The new urban cities;

3. The concentrated industrial cluster and parks.

4. The areas specially used for recreation, tourism, ecology, culture, physical education - sports;

5. The clusters of College or University; the housing area for students (dormitories); the housing area for workers in concentrated industrial clusters and parks;

6. The high-technology areas (agriculture, high technology, healthcare, the Institute - School of Health);

7. Areas along the coast, river and canal and ditch from level 1 to level 3; areas with special landscape lake; forest sector at a special landscape associated with historical sites and famous landscapes;

8. The historical and cultural relic conservation areas in the list of conservation or areas with architectural heritage value recognized by the competent authorities;

9. The gateway areas of the city, adjacent areas and along railway lines, expressways, inter-provincial roads, urban-level traffic with the building line ≥ 40 meters, the station - depot (within radius of 500m);

10. Areas adjacent to airports, river ports, sea ports and military bases;

11. The political and administrative center areas at district level onwards

12. The commercial and urban services at city level;

13. The other significant areas shall be determined by the City People’s Committee.

Article 5. Significant work constructional investment projects on politics, economics, society, culture and history of the city

1. The civil work construction investment project at special level, level I and level II  prescribed in Circular No. 33/2009/TT-BXD dated September 30, 2009 of the Ministry of Construction issued the national technical Regulations classifying and grading the industrial and civil construction works and urban infrastructure;

2. The investment project for construction of works (other than detached houses) in the areas stated in Clauses 4, 5, 6, 7, 9, 10, 11, 12 and 13, Article 4 of this Decision;

3. Work constructional investment projects have a sense of history, culture and art.

4. The public work constructional investment projects are organized competition or selection of the architectural design as prescribed in Article 1, Clause 4, Article 1 of Decree No. 83/2009/ND-CP dated October 15, 2009 of the Government on amending and supplementing a number of articles of Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on management of work construction investment projects;

5. The works constructional investment projects with foreign investment capital;

6. The work construction investment projecs that have other political, social, economic, cultural and historical significance People's Committee will determine the specific city shall be specifically determined.

Article 6. Responsibilities to organize the making of urban planning

1. The Construction and Investment Management Board of new urban area south of the city, the Management Board of West-North urban area of the city, the Management Board of high-tech park, Management Board of industrial and export processing and industrial zones, Management Boards established under Decree No. 02/2006/ND-CP dated January 05, 2006 and Decree No. 29/2008/ND-CP dated March 14, 2008 of the Government (hereinafter referred to as the management Board of urban functional areas) shall organize the formulation: tasks and master plan of zoning, detailed planning, separate urban design master plan within the scope of boundary and area assigned for management (except for planning prescribed in Clause 5 of this Article) after there is written consent of the Service of Planning - Architecture.

2. The Service of Planning – Architecture shall organize the formulation: tasks and adjusted construction planning of district; tasks and master plan of zoning, detailed planning, separate urban design master plan of areas with the scope related to the administrative border of two districts or more and areas with the significance of the city (except that the general urban planning shall be organized for the formulation, planning and zoning made by Services and sectors according to the assignment of the City People’s Committee and the planning prescribed in Clause 1 of this Article).

3. The district People’s Committees shall organize the formulation of tasks and master plan of zoning, detailed planning, separate urban design master plan within the scope of administrative boundary under their management ( except for urban planning as prescribed in Clause 1, 2 and 5 of this Article) after there is written consent of the Service of Planning - Architecture.

4. The district People’s Committees shall organize the formulation of tasks and master plan of town, planning and zoning, detailed planning, separate urban design master plan within the scope of administrative boundary under their management ( except for urban planning as prescribed in Clause 1, 2 and 5 of this Article) after there is written consent of the Service of Planning - Architecture.

5. The owner of construction investment project shall organize the formulation of  detailed planning or perspective drawing  - the work architectural plan (for projects not subject to detailed planning on the scale of 1/500 provided at Point g, Clause 1, Article 2 of this Decision) of the areas assigned for investment.

6. The Services and sectors having functions and tasks related to the subjects of technical infrastructure planning prescribed in Article 36 of the Law on Urban Planning shall base on their functions and duties as prescribed shall organize the formulation of urban technical infrastructure planning of the city under their functions and tasks assigned by the People's Committee.

7. Depending on actual conditions and management requirements, the Service of Planning - Architecture shall propose the City People's Committee to assign the organizations, Services and sectors to make the planning and zoning in urban functional areas related to the work of sectoral development.

8. The agencies and organizations that have been assigned the tasks by the city People's Committee to formulate the types of urban planning before the date the Law on Urban Planning takes effect, but so far not having been approved by the competent authority, shall be entitled to continue the organizations to formulate such types of urban planning.

9. The formulation of urban planning must be done by the consultation organization. The conditions and capacity of consultation organizations and individuals involved in urban planning are in line with the Article 5, Clause 1, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11 of Decree No. 37 / 2010/ND-CP The consultation organization making urban planning shall be chosen via the mode of appointment or examination as prescribed in Article 12, Article 13 of Decree No. 37/2010/ND-CP.
The time for making of urban planning shall comply with Article 2 of Decree No. 37/2010/ND-CP

Article 7. Content of urban planning

1. The contents of the adjusted general construction planning of district, the general master plan on construction of urban areas, (specified at Point b, Clause 1, Article 2 of this Decision) are made under Decree No. 08/2005/ND-CP dated January 24, 2005 of the Government (hereinafter referred to as Decree No. 08/2005/ND-CP) and Circular No. 07/2008/TT-BXD dated April 7, 2008 by the Ministry of Construction (hereinafter referred to as Circular No. 07/2008/TT-BXD)

2. The contents of detailed construction master plan on the scale of 1/2000 specified at Point d, Clause 1, Article 2 of this Decision should be combined with contents of planning and zoning in accordance with provisions of the Law on Urban Planning and Decree No. 37/2010/ND-CP

3. The contents of detailed construction planning of industrial cluster and parks shall comply with Circular No. 19/2008/TT-BXD dated November 20, 2008 of the Ministry of Construction (hereinafter referred to as Circular No. 19 / 2008/TT-BXD)

4. The other type of urban planning: the tasks and contents are made under Article 22, Article 23 of the Law on Urban Planning, the contents of the master plan are made ​​under Article 15, Article 17, Article 19, Article 20 of Decree No. 37 / 2010/ND-CP

5. The contents of the separate urban design master plan shall comply with provisions in Clause 4 of Article 33 of the Law on Urban Planning.

6. The contents of specialized technical infrastructure master plan of the city shall comply with Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30 of Decree No. 37 / 2010/ND-CP

Article 8. Content of appraisal, approval of tasks and master plan of urban planning

1. For adjustment of general construction planning of districts: contents of evaluation, approval shall comply with the Decree No. 08/2005/ND-CP and Circular 07/2008/TT-BXD

2. For detailed planning of industrial clusters and parks: contents of evaluation, approval shall comply with the Circular No. 19/2008/TT-BXD

3. For the general master plan of industrial clusters and parks: the general of construction planning of urban areas and other types of urban:

4. The explanations and drawings of urban master plan, separate urban design master plan; management regulations on urban master plan, the separate urban design master plan must be signed and sealed by the evaluation agencies before the competent agencies sign for approval.

For drawings of urban master plans, separate urban design master plan under the approval competence of the city People's Committee by the agency and organization making urban planning prescribed in Clauses 1, 3, 4 and 7, Article 6 of this Decision. If the organization formulates, there should be signature and seal for the agreement of the agency and organization making the urban planning, before submission to the Service of Planning - Architecture for evaluation and ​​People's Committee for approval. The written consent of the perspective drawing, the works architectural plans enclosed with drawings stamped for the approval by the agencies consulted.

Article 9. Time limit of urban planning; period of validity of urbam planning

1. Time limit of urban planning

a) The time limit of general city planning is from 20-25 years with a vision of 50 years (concretized by the approval Decision of the Prime Minister).

b) Time limit of planning for specialized technical infrastructure planning of the city is under the time limit of the general master plan of the city.

c) The time limit of planning for the adjusted general construction master plan of district, the general construction master plan of urban areas, the master plan of industrial clusters and parks shall be determined on the basis of general planning of the city and demand of urban management and development.

d) The time limit of planning for general planning of town is from 10-15 years.

e) The time limit of planning for planning and zoning, the detailed construction master plan on the scale of 1/2000 is determined on the basis of the time limit of the adjusted general master plan of districts or general planning of the city and demand of urban management and development.

g) The time limit of planning for detailed planning, the perspective drawing and work architectural plan, separate urban design master plan shall be determined on the basis of the time limit of detailed construction master plan on the scale of 1/2000 or the planning and zoning on demand for management and investment.

2. Period of validity of urban planning:

Since the urban master plan, the separate urban master plan; the perspective drawing, the work architectural plan approved and accepted until there is decision on adjustment or cancellation.

Article 10. Responsibilities for opinion gathering on urban planning.

1. Agencies and organization urban planning, investor construction projects specified in Clause 5, Article 6 of this Decision shall gather opnions from the Services, sectors, organizations, individuals and residential communities concerning the tasks and urban master plan.

People's Committees of districts - communes - towns and consultation organization for planning formualtion are responsible for coordinating with the urban planning agencies and the investors of constructional investment projects prescribed in Clause 5, Article 6 of this Decision in the opinion gathering.

2. During the process of study and formulation of urban master plan, the consultation organization for planning formualtion shall gather opinions from the Services, sectors, organizations, individuals and residential communities concerning the tasks and urban master plan.

3. The gathered opinions must fully synthesized with explanation and perception and report to the competent authorities for consideration before making a decision on approval

Article 11. Form and time for opinion gathering on urban planning

1. The opinion gathering from the Services, sectors, organizations, individuals concerned shall be made in the form of submission of dossiers and documents or organization of conferences and seminars. The Services, sectors, organizations that are gathered their opinions shall reply in writing.

2. The opinion gathering of residential communities about the tasks and types of general master plan done through the opinion gathering of the representatives of residential communities in the form of survey slips and interviews. The representatives of residential communitie shall sum up opinions of the residential communitie as prescribed by law for the exercise of democracy at the grassroots, and transfer them to the agencies and organization making urban planning to make reports on the opinions of the residential communities.

3. The opinion gathering of residential communities about the tasks master plan of zoning, the detailed planning, the separate urban design master plan, the detailed master plan of industrial clusters and parks and the detailed construction master plan of scale 1/2,000 shall be done by opinion slip through the form of public display or introduction of the planning on the mass media. The agencies and organizations making the urban planning shall make report on the opinions of the residential communities.

4. The time for response or opinion gathering is at least 15 days for the Services, sectors and 30 days for organizations and individuals and residential communities.

5. The specific guidance of the Ministry of Construction and Services of Planning –Architecture shall make specific guidance on the scope, subjects, contents of opinion gathering and unification of all forms of survey and opinion slips for types of urban planning.

Article 12. Competence to approve the tasks and urban master plan; opinion for the approval of perspective drawing and work architectural plan.

1. The City People’s Committee shall approve:

a) The tasks and general master plan of towns in suburban districts; the tasks and general master plan of industrial parks (≥ 500ha); the master plan of industrial clusters and parks.

b) The detailed construction master plan on the scale of 1/2000, the tasks and master plan of zoning (except for the town areas in suburban districts); the tasks and detailed master plan, the separate urban design master plan of the urban areas with the scope related to the administrative border of two districts or more and areas with the significance of the city (except for planning under the competence of approval of the Prime Minister, the planning prescribed in Clause 4 of this Article and the tasks of detailed planning prescribed in Clause 5 of this Article.

2. The district People’s Committees shall approve the tasks and the detailed master plan, the separate urban design master plan within their management (except for detailed planning, the separate urban master plan prescribed at Point b, Clause 1 and 4 of this Article and the detailed planning task prescribed in Clause 5 of this Article) after having unified opinions in writing of the Service of Planning -Architecture

3. The District People's Committees shall approve the tasks and master plan of township zoning, detailed planning, the separate urban design master plan within the administrative border under their management (except for the detailed planning, separate urban design master plan prescribed at Point b, Clause 1, Clause 4 of this Article) and the detailed planning tasks specified in Clause 5 of this Article, after having the written consent of the Service of Planning –Architecture.

4. The management Board of urban functional areas shall approve the tasks and the detailed master plan, the separate urban design master plan within the scope of border and area assigned for management (except for the detailed planning prescribed in Clause 5 of this Article) after having the written consent of the Service of Planning –Architecture.

5. The investors of the constructional investment projects shall approve the tasks of detailed planning of the areas having the planning permit.

6. The Service of Planning –Architecture shall have the consent of the perspective drawing, the work architectural plan in the content of basic design of the work constructional investment projects with the political, socio-economic, cultural and historical significance of the city not subject to detailed planning (scale 1/500) specified at Point g, Clause 1, Article 2 of this Decision except for the constructional investment projects prescribed in Clause 7 of this Article.

7. The management Board of urban functional areas shall have opinion of the approval of the perspective drawing, the work architectural plan in the basic design content of the constructional investment projects not subject to detailed planning (scale 1/500) prescribed at Point g, Clause 1, Article 2 of this Decision within the scope of border and area assigned for management. For the constructional investment projects with the political, socio-economic, cultural and historical significance of the city and the constructional investment projects in the area without the detailed construction master plan on the scale of 1/2000 or the planning and zoning that is approved by the competent authorities for which ther must be written consent from the Service of Planning –Architecture before approval.

8. People's Committees of districts shall have the consent of the perspective drawing, the work architectural plan in the basic design content of the constructional investment projects not subject to detailed planning (scale 1/500) prescribed at Point g, Clause 1, Article 2 of this Decision under their management areas (except for constructional investment projects specified in Clause 6 and 7 of this Article). For constructional investment projects in areas without detailed construction master plan on the scale of 1/2000 or planning and zoning approved by the competent authority, before approval, there should be the unified consent of the Service of Planning - Architecture.

Article 13. Urban planning valuation agency; agency submitting for evaluation and approval of urban planning.

1. Agencies that organize the urban planning are prescribed in Clauses 1,  3, 4 and 7, Article 6 of this Decision and submit it to the Service of Planning - Architecture for evaluation of tasks and the urban master plan, the separate urban design master plan under the competence of approval of the city People's Committee;

2. The Service of Planning – Architecture shall evaluate and submit to the city People's Committee for the approval of the tasks and the urban master plan, the separate urban design master plan under the competence of approval of the city People's Committee;

3. The urban management division of districts shall evaluate and submit to the city People's Committee for the approval of the tasks and the urban master plan, the separate urban design master plan under the competence of approval of district People's Committee;

4. The management Board of urban functional areas shall organize the evaluation of the tasks and the urban master plan, the separate urban design master plan under their competence of approval

5. The investor of constructional investment projects that are granted the planning permit shall organize the evaluation of the detailed planning tasks and submit it to the following agencies:

The Service of Planning – Architecture to evaluate for the detailed master plan under the competence of approval of the city People's Committee;

The urban management division of districts to evaluate for the detailed master plan under the competence of approval of district People's Committee;

The management Board of urban functional areas to evaluate for the detailed master plan under the competence of approval of the management Board of urban functional areas.

6. The agencies and organizations making the specialized technical infrastructure of the city as prescribed in Clause 6, Article 6 of this Decision are responsible for coordinating with the Service of Planning - Architecture to advise the city People's Committee in order to submit it to the ministries, central sectors for evaluation and then to the Prime Minister for approval as prescribed.

The urban planning valuation agency shall base on the opinions of the relevant agencies, the evaluation Council, contents and tasks and urban master plan, the separate urban design master plan and have documents sent to the agencies submitting for evaluation to complete tasks and urban master plan, the separate urban design master plan. Upon receipt of dossier of tasks and urban master plan, the completed separate urban design master plan, the evaluation agency shall make report on the evaluation content to the competent authorities for approval and making a decision on it.

Article 14. Time of evaluation and approval of urban planning, acceptance of perspective drawing and work architectural plan

1. The time of evaluation and approval of types of urban planning shall comply with the Article 32 of Decree No. 37/2010/ND-CP The time for evaluation and approval of the tasks and separate urban master plan shall be done by the time of evaluation and task approval and detailed master plan.

2. The time for the competent authorities to have the approval opnion of the perspective drawing, the work architectural plan in the basic design content (specified in Clauses 6, 7, 8, Article 12 of this Decision) shall comply with Point c, Clause 1, Article 2 of Circular No. 03/2009/TT-BXD on March 26, 2009 of the Ministry of Construction. In case of gathering opinions of the City Council of Planning – Architecture or making reporting to the City People's Committee, this period shall be added 15 (fifteen) working days and the consulted agencies must have written notice to the investment project evaluation agency or the investors.

3. The time for the Service of Planning – Architecture to have written consent for urban planning, the work construction investment projects prescribed in Clauses 2, 3, 4, 7 and 8, Article 12 of this Decision and the time for the relevant agencies to have their opnions is no more than 10 (ten) working days, from the date of receiving the written request of the evaluation agency. After the above time limit, if there is no written response, this can be regarded as consent to the evaluation opinion of the evaluation agency. The time to gather opinions is included in the evaluation time of the evaluation agency as prescribed.

For the work construction investment projects, there must be written consent of the Service of Planning – Architecture prescribed in Clause 7 and 8, Article 12 of this Decision but the the Service of Planning – Architecture should gather opinions of the City Council of Planning – Architecture or make report to the People’s Committee, the time for the Service of Planning – Architecture has written response is 25 (twenty five) working days. In this case, the Service of Planning – Architecture must have written notice to the investor or the evaluation agency.

The time for evaluation and approval of tasks, urban master plan, separate design master planl the time for the consent to the perspective drawing, work architectural plan is calculated as the time for the dossier receiving agency to have guiding documents ( in case of requirement for modification or completion of dossier). The time of evaluation and approval or issue of subsequent approval documents shall be calculated as the time upon receipt of dossier at the first time (excluded the time of gathering opinions from the City Council of Planning – Architecture or making report to the City People’s Committee (if any) from the date of receiving the completed dossier.

After approving the urban master plan, the separate urban design master plan or there is consent to the perspective drawing and work architectural plan, the competent agencies for approval (or disapproval) shall send the Service of Planning – Architecture and Service of Construction one set of dossier (the original) including: decision on approval attached to the explanation; regulations on management under the urban master plan, the separate urban design master plan, the written approval of perspective drawing, the work architectural plan, the drawings signed and sealed for approval and the file in order to serve the work of management of urban planning and urban construction.

Article 15. Responsibilities of Service of Planning – Architecture

1. Pursuant to Decree No. 37/2010/ND-CP and Circular No. 10/2010/TT-BXD dated August 11, 2010 of the Ministry of Construction stipulating dossier of each type of urban planning to guide the organizations, Services, sectors and People's Committees of districts, the management Board of urban functional areas on: component of dossier; drawing of tasks and master plan of all types of urban master plan, separate urban design master plan; perspective drawing and work architectural plan.

2. Assuming the prime responsibility and coordinating with the People’s Committees of districts to map for determination and zoning of the significant areas of the city (as prescribed in Article 4 of this Decision) under the competence of approval for detailed planning and the separate urban master plan of the city People’s Committee.

3. Preparing dossier for the city People’s Committee to submit it to the Ministry of Construction for evaluation to submit it to the Prime Minister for approval of the tasks and the urban master plan under the competence of approval of the Prime Minister except for the urban planning subject to the responsibilities for formulation of the Ministry of Construction.

4. Preparing the dossier for the city People’s Committee to coordinate with the People’s Committee of the relevant provinces to ask for opinion from the Ministry of Construction about the tasks and urban master plan with the scope of planning formulation under the managerial administrative border of the city and province.

5. Preparing the contents and advising the city People’s Committee to make report to the city People’s Council on the city general planning.

6. Coordinating with the Services and sectors prescribed in Clause 6 of Article 6 in the work of organizing the formulation of the specialized technical infrastructure planning of the city.

7. Assuming the prime responsibility and coordinating with the relevant Services and sectors to organize inspection as prescribed of the compliance with the provisions of this Decision and other provisions related to the formulation, evaluation and approval of the urban planning, the separate urban design master plan, acceptance of perspective drawing – work architectural plan; coordinating with the Services and sectors and district People’s Committee to organize the implementation of the urban management and development.

8. Annually, making a list of tasks and urban master plan, the separate urban design master plan, Regulation on management of urban architectural planning in need of establishment (with attached cost estimate) at the proposal of the Services and sectors, the management Board of urban functional areas and district People’s Committee to submit it to the city People’s Committee for the approval.

Article 16. The Service of Planning and Investment shall assume the responsibility and coordinate with the Service of Finance and Service of Planning – Architecture, the management Board of urban functional areas and district People’s Committee to make annual plan to use the budget capital source for the work of formulation of urban planning, the separate urban design master plan, Regulations on planning management and urban architecture (not under the work construction investment project in the form of business) and submit it to city People’s Committee for decision making.

Article 17. Effect

This Decision takes effect after 10 (ten) days from the date of its signing and supersedes the Decision No. 93/2008/QD-UBND dated December 26, 2008 of the City People's Committee on the competence of evaluation and approval of the tasks and the detailed master plan of urban construction and the construction planning of rural residential point in the area of HoChiMinh City. Annulling the previous provisions and documents related to the formulation, evaluation and approval of urban and rural construction planning of the City People's Committee inconsistent with this Decision.

The work on the formulation, evaluation, approval and management of rural construction planning shall comply with the Construction Law dated November 26, 2003, Decree No. 08/2005/ND-CP dated 24 January, 2005 of the Government on construction planning; Circular No. 09/2010/TT-BXD dated August 4, 2010 by Ministry of Construction stipulating the formulation of tasks, master plan and management of construction planning of new rural communes .

Organizations and individuals involved in the formulation, evaluation and approval of urban planning in the area of Ho Chi Minh City must comply with the provisions of this Decision and other relevant legal documents.

Article 18. Transitional implementation

1. The urban construction planning that has been evaluated and approved before the effective date of this Decision shall not be submitted for approval.

2. The general master plan and the detailed planning of industrial clusters and parks shall be kept on formualtion under the Construction Law, the Decree No. 08/2005/ND-CP and Circular No.19/2008/TT-BXD The evaluation and approval shall comply with the Law on Urban Planning and Decree No. 37/2010/ND-CP

3. For the tasks and the other urban master plan implemented before May 25, 2010 (effective date of Decree No. 37/2010/ND-CP) shall comply with the provisions of Article 16 of Circular No. 10 / 2010/TT-BXD dated August 11, 2010 of Ministry of Construction stipulating the dossier of each type of urban planning.

4. During the course of implementation, if there is any problem and difficulty arising, promptly report to the Service of Planning – Architecture for synthesizing and making report to the City People’s Committee to consider and make a decision.

Article 19. Chief of Office of City People's Committee, Director of Service of Planning – Architecture, heads of City Services and sectors, Chairman of People's Committees of districts and other organizations and individuals concerned are liable to execute this Decision. /.