Urban Planning, State Management Content of Urban Planning

Workers come to work from other places, especially rural areas because of the high and stable income.

Urban areas are the key factor determining the success of the economic restructuring process, improving productivity and socio-economic development of regions and the whole country. Urban areas have played a central role in promoting the development of science, technology, innovation, culture, education and health; gradually creating harmonious development between regions, contributing to solving problems of agriculture, farmers and rural areas. By the end of 2020, the whole country had 862 urban areas, contributing 70% of GDP (baochinhphu.vn)

1.1.2.2. Urban planning, state management content of urban planning

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General concept of urban planning: Urban planning (Urban

Urban planning is the process of developing and designing urban areas. Covered in this process are the use of open land, air, water and the built environment including buildings, transportation, economic and social functions.

Concept of urban planning according to Vietnamese law: According to Clause 4, Article 2 of the 2009 Law on Urban Planning, "Urban planning is the organization of space, architecture, urban landscape, technical infrastructure system, social infrastructure and housing to create a suitable living environment for people living in urban areas, expressed through urban planning projects"

Urban planning project is a document showing the content of urban planning, including drawings, models, explanations and management regulations according to urban planning.

State management contents on urban planning include: Developing and directing the implementation of urban development orientations and strategies; promulgating and organizing the implementation of legal documents on urban planning management activities;

promulgate regulations and standards on urban planning, regulations on urban planning and architecture management; manage urban planning activities; disseminate, popularize and educate laws and information on urban planning; organize and manage training activities, foster human resources, research and application of science and technology in urban planning activities; cooperate internationally in urban planning activities; inspect, examine, resolve complaints and denunciations and handle violations in urban planning activities.

1.1.3. Concept of construction order, state management of construction order

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1.1.3.1. Concept of construction order

Order in construction is the activities of establishing and forming order.

During the construction of works in the area, including all works on the ground, underground and above ground, construction is permitted by competent state agencies, starting from project establishment, design, construction permit, construction, management of scale, quality, space, architecture, aesthetics, environment and exploitation of works.

In the simplest way, construction order is understood as compliance with legal regulations in construction works such as: construction area, construction height, construction level, construction boundaries, connection with other technical infrastructures, etc.

1.1.3.2. Concept of state management of construction order

State management of construction order is the organization, operation, adjustment and impact of competent state agencies from the central to local levels on the basis of planning, plans, inspection, examination and assessment, according to the provisions of law, to regulate the behaviors of subjects when participating in activities related to construction work in each field.

order, discipline, contributing to maintaining stability and developing a sustainable civilized society.

State management of construction order is a very important field of state management of construction, contributing to the implementation of planning projects into real life.

1.2. Contents of state management of construction order

1.2.1. Issuing a system of legal documents

To manage the areas of social life in general and construction order in particular to ensure effectiveness and efficiency, it is necessary to have a synchronous and unified legal system, including the law on construction order. Therefore, the most important and indispensable content of state management of construction order is to develop and promulgate legal documents. The legal basis for construction order management is legal documents, including: Codes, Laws, Decrees, Circulars and state management documents. The above system contains the State's regulations on construction order management. In addition, there are directive documents, plans of the Central Government, provinces, towns; village conventions, conventions of villages, hamlets, and residential groups regulating construction order activities. Thus, the management of construction order in our country is currently institutionalized by Laws and legal documents issued by state agencies from central to local levels, specifically including the following types of documents:

- Code: Civil Code dated November 24, 2015.

- Law: Law on Organization of Local Government dated June 19, 2015 (Law amending and supplementing a number of articles of the Law on Organization of Government and the Law on Organization of Local Government dated November 22, 2019); Law on Construction dated June 18, 2014 (Law amending and supplementing a number of articles of the Law on Construction,

dated June 17, 2020); Law on Cadres and Civil Servants, dated November 13, 2008 (Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees dated November 25, 2019); Land Law dated November 29, 2013; Inspection Law dated November 15, 2010; Law on Complaints, dated November 11, 2011; Law on Denunciation, dated June 12, 2018; Law on Citizen Reception, dated November 25, 2013; Law on Anti-Corruption, dated November 20, 2018; Law on Urban Planning 2009 (Law amending and supplementing a number of articles of 37 laws related to planning dated November 20, 2018); Law on Planning, dated November 24, 2017; Housing Law, dated November 25, 2014; Law on Handling of Administrative Violations, dated June 20, 2012.

- Decree of the Government, Decision of the Prime Minister:

Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government on the establishment, appraisal, approval and management of urban planning (Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government on amending and supplementing a number of articles of Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing a number of contents on construction planning).

Decree No. 26/2013/ND-CP dated March 29, 2013 of the Government on organization and operation of Construction Inspectorate.

Decree No. 121/2013/ND-CP, dated October 10, 2013 of the Government, stipulating administrative sanctions for violations in construction activities, real estate business; exploitation, production and trading of construction materials; management of technical infrastructure works; management of housing and office development; Decree No. 139/2019/ND-CP, dated November 27, 2019 of the Government, stipulating administrative sanctions for violations in construction investment activities; exploitation, processing and trading of minerals for construction materials, production and trading of construction materials; management of technical infrastructure works; real estate business, housing development, management of house and office use.

Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing a number of contents on construction investment project management.

Decree No. 64/2012/ND-CP dated September 4, 2012 of the Government on granting construction permits.

Decree No. 26/2013/ND-CP dated March 29, 2013 of the Government on organization and operation of Construction Inspectorate.

Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations; Decree No. 97/2017/ND-CP dated August 18, 2017 of the Government amending and supplementing a number of articles of Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government.

Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction.

Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government regulating the organization of specialized agencies under the People's Committees of provinces and centrally run cities; Decree No. 107/2020/ND-CP dated September 14, 2020 of the Government, amending and supplementing a number of articles of Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government.

Decree No. 37/2014/ND-CP dated May 5, 2014 of the Government regulating the organization of specialized agencies under the People's Committees of districts, towns, cities under provinces and centrally run cities; Decree No. 108/2020/ND-CP dated September 14, 2020 of the Government amending and supplementing a number of articles of Decree No. 37/2014/ND-CP dated May 5, 2014 of the Government.

Decree No. 10/2010/ND-CP, dated April 7, 2010 of the Government regulating the management of urban space, architecture and landscape.

Decision No. 26/2018/QD-TTg, dated June 22, 2018 of the Prime Minister on the pilot establishment of an Urban Construction Order Management Team under the People's Committees of districts, towns and cities in Hanoi; Decision No. 35/2020/QD-TTg, dated December 9, 2020 of the Prime Minister, on amending and supplementing Article 4 of Decision No. 26/2018/QD-TTg, dated June 22, 2018 of the Prime Minister.

- Circulars of Ministers and Heads of ministerial-level agencies:

Joint Circular No. 07/2015/TTLT-BXD-BNV, dated November 16, 2015 of the Ministry of Home Affairs - Ministry of Construction Guiding the functions, tasks, powers and organizational structure of specialized agencies under the People's Committees of provinces and centrally run cities, People's Committees of districts, towns and provincial cities on state management fields in the construction sector

Joint Circular No. 06/2014/TTLT-BXD-BNV dated May 14, 2014 of the Ministry of Construction - Ministry of Home Affairs guiding the functions, tasks, powers and organizational structure of the Department of Construction Inspectorate.

Circular No. 15/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction providing guidance on granting construction permits.

- Documents of Dak Lak Provincial People's Committee and Buon Ho Town People's Committee:

Decision No. 712/QD-UBND, dated March 15, 2016 of the People's Committee of Dak Lak province, on regulating the functions, tasks, powers and organizational structure of the Department of Construction.

Decision No. 2823/QD-UBND, dated October 23, 2015 of the People's Committee of Dak Lak province, on regulating the functions, tasks, powers and organizational structure of the Department of Construction Inspectorate.

Decision No. 44/QD-UBND, dated December 30, 2016 of the People's Committee of Dak Lak province, on promulgating regulations on granting construction permits in Dak Lak province.

Decision No. 1966/QD-UBND dated August 25, 2014 of the People's Committee of Dak Lak province, regulating the organization of specialized agencies under the People's Committees of districts, towns and cities of Dak Lak province.

Official dispatch No. 5412/UBND-CN, dated July 12, 2017 of Dak Lak Provincial People's Committee, on strengthening the management of construction order in the province.

Official dispatch No. 1022/UBND-CN, dated February 11, 2020 of Dak Lak Provincial People's Committee, on strengthening the management of construction order in the province.

Official dispatch No. 674/UBND-CN, dated January 21, 2021 of Dak Lak Provincial People's Committee, on construction order management in the province.

Decision No. 66/QD-UBND, dated January 18, 2016 of the People's Committee of Buon Ho town on regulating the functions, tasks, powers and organization of the Urban Management Department of Buon Ho town.

Official dispatch No. 291/UBND-VP, dated February 25, 2020 of Buon Ho Town People's Committee, on strengthening the management of construction order in the town.

Official dispatch No. 1491/UBND-VP, dated October 31, 2018 of Buon Ho Town People's Committee, on strengthening the management of construction investment in the town.

Official dispatch No. 1775/UBND-QLDT, dated November 6, 2021 of the People's Committee of Buon Ho town, on strengthening the management of construction order, restoring urban order and land management in the area.

1.2.2. Organization of construction order management apparatus

According to the provisions of law, the state management apparatus for construction order is organized uniformly from the central to local levels, specifically as follows: The Government implements unified state management of construction order nationwide. The Ministry of Construction is responsible for advising and assisting the Government in managing construction order nationwide, performing state management of construction order according to the Government's decentralization; the provincial People's Committee performs state management of construction order in the province according to the Government's decentralization; the district and commune People's Committees perform state management of construction order in their localities according to the decentralization of the Government and the provincial People's Committees.

Advising and assisting the provincial People's Committee in the field of state management of construction order is the Department of Construction (In Hanoi and Ho Chi Minh City, there is also the Department of Planning and Architecture).

Advising and assisting the District People's Committee in the field of state management of construction order is the Urban Management Department (For cities and towns under provinces; cities, towns, and districts under centrally-run cities. Particularly for Hanoi City, there is also the Urban Construction Order Management Team) or the Infrastructure Economic Department (for District People's Committees).

Advising and assisting the People's Committee at the commune level in the field of state management of construction order are civil servants of Land - Construction - Urban and Environment (for wards and towns) or civil servants of Land - Agriculture - Construction and Environment (for communes).

Specific responsibilities of agencies and units in managing construction order

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