Amending and supplementing a number of regulations on construction planning
In particular, Decree 35/2023/ND-CP amends and supplements a number of clauses of Article 14 of Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government on the establishment, appraisal, approval and management of urban planning, which has been amended and supplemented in Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on the establishment, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing a number of contents on construction planning.
Specifically, Decree 35/2023/ND-CP amends and supplements Clause 3, Clause 4, adds Clauses 4a, 4b, 4c and 4d after Clause 4, Article 14 on principles of urban planning as follows.
Accordingly, areas within the scope of urban development that are subject to detailed planning when implementing construction investment according to the provisions of the Law on Urban Planning must have detailed planning to specify the general planning, zoning planning (in cases where zoning planning is required), as a basis for establishing construction investment projects, granting construction permits and implementing other tasks according to the provisions of relevant laws.
For small-scale land lots specified in Clause 4 of this Article, detailed planning shall be made according to the shortened process (master plan making process) as prescribed from Clause 4a to Clause 4d of this Article.
Small-scale land plots must meet the following conditions: The land plot must be implemented by an investor or organized by a competent state agency; The land use scale must be less than 2 hectares for investment projects to build apartment buildings or apartment complexes or the land use scale must be less than 10 hectares for investment projects to build factories, enterprises, industrial production facilities or technical infrastructure works (except for technical infrastructure works along lines) determined according to the general urban planning or provincial planning or approved technical and specialized planning or the land use scale must be less than 5 hectares for the remaining cases; In an area with an approved zoning plan or an approved general plan for areas that do not require zoning planning.
At the same time, Decree 35/2023/ND-CP also amends and supplements a number of clauses of Article 10 of Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government detailing a number of contents on construction planning that have been amended and supplemented in Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP dated April 7, 2010 on the preparation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 6, 2015 detailing a number of contents on construction planning.
Accordingly, the Decree amends and supplements Clause 4, Clause 5, adds Clauses 5a, 5b, 5c, 5d and 5đ after Clause 5, Article 10 of Principles for planning the construction of special functional areas.
Areas in functional zones subject to detailed construction planning, when implementing construction investment according to the provisions of the Construction Law, must establish detailed construction planning to specify the general planning, construction zoning planning (for cases where it is required to establish construction zoning planning), as a basis for establishing construction investment projects, granting construction permits and implementing other tasks according to the provisions of relevant laws.
For small-scale land lots specified in Clause 5 of this Article, detailed construction planning shall be prepared according to a shortened process (called the process of preparing a master plan) according to the provisions from Clause 5a to Clause 5d of this Article.
Small-scale land plots must meet the following conditions: The land plot must be implemented by an investor or organized by a competent state agency; The land use scale must be less than 2 hectares for investment projects to build apartment buildings or apartment complexes or the land use scale must be less than 10 hectares for investment projects to build factories, enterprises, industrial production facilities or technical infrastructure works (except for technical infrastructure works along lines) determined according to the general construction planning or provincial planning or specialized technical planning that has been approved or the land use scale must be less than 5 hectares for the remaining cases; In an area with an approved construction zoning plan.
Examining for architectural practice certificate through 2 forms
Decree No. 35/2023/ND-CP amending and supplementing a number of articles of Decree No. 85/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Law on Architecture.
Decree No. 35/2023/ND-CP clearly states that the examination for granting architectural practice certificates is carried out through direct examination or online examination.
Specifically, according to Decree No. 35/2023/ND-CP, individuals applying for an architectural practice certificate for the first time must take an examination consisting of 2 parts: multiple-choice test and oral test.
The oral exam is conducted immediately after the announcement of the results of the multiple-choice test that meet the requirements. The individual taking the oral exam must draw lots and answer a maximum of 04 questions, each question about the content of knowledge and understanding applied in architectural practice in accordance with the content of the Examination Question Set according to regulations.
The examination is conducted through direct examination or online examination and must comply with the prescribed requirements and conditions.
Regarding the requirements on technical infrastructure and online testing software for the issuance of practice certificates, the Decree stipulates that online testing facilities must ensure requirements on internet connection and connection equipment, computers, and terminals with appropriate configurations to install and operate the online testing software system; have space to install equipment to monitor online test takers; have solutions to ensure information security, electronic data storage, and personal information security according to regulations when organizing online testing;
At the same time, the testing software is capable of stopping the test when it detects violations during the testing process; in case the candidate can explain due to objective reasons, the test management officer will allow the test to be retaken;
The software ensures the ability to serve online testing smoothly during the testing process, with a mechanism to ensure the integrity and security of information before, during and after the test.
The Decree stipulates that monitoring of the examination process is carried out through the camera of the examination device, online examination software and the system of equipment and monitoring screens at the examination facility.
The examination administrator is responsible for guiding and checking the suitability of the equipment and examination area of the participants before the examination.
The organization or agency organizing the examination shall decide on the form of examination to serve the issuance of practice certificates; promulgate regulations on online examination, ensuring management requirements, technical infrastructure requirements, and online examination software.
At the same time, the Decree also stipulates that direct or online testing must be conducted periodically every 6 months or suddenly according to actual requirements. In case the testing cannot be organized, the individual registering for the testing must be notified in writing within 15 days from the date of receipt of the registration form.
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