Managing the creation of urban and rural spaces when organizing two-level local government

Before the Law on Urban and Rural Planning No. 47/2024/QH15, the Law on Urban Planning No. 30/2009/QH12 stipulated that urban planning included the following types: General planning was made for cities, towns, townships and new urban areas; zoning planning was made for areas within cities, towns and new urban areas; detailed planning was made for areas according to urban development and management requirements or construction investment needs. The preparation of regional construction planning (provincial, inter-provincial, inter-district, district), functional area construction planning, and rural construction planning was regulated by the Construction Law No. 50/2014/QH13.

Sunset (Photo: Ngo Duc Mich).

The Law on Urban and Rural Planning takes effect from July 1, 2025, along with the system of decrees issued by the Government with the following basic principles: Ensuring no impact on international treaties and agreements to which Vietnam is a member; complying with the consistency of the law; ensuring resources for implementing urban and rural planning from the state budget; ensuring the rights and obligations of citizens; ensuring decentralization and clear division of authority between the central and local levels; the Government, ministries and ministerial-level agencies play a macro, creative, inspection and supervision role; localities are proactive, creative and self-responsible; decentralization, decentralization and clear division of authority of people's councils, people's committees and people's committee chairmen; ensuring synchronization and circulation to promote the effective operation of the system.

In order to reduce overlaps and conflicts between related laws (Law on Urban Planning, Law on Construction, Law on Land, Law on Environmental Protection, etc.), simplify approval processes, promote development, especially address shortcomings in spatial management, improve planning quality, protect environmental landscapes, synchronously integrate planning, strengthen the role of the community, promote technology in planning management, on November 26, 2024, the National Assembly passed the Law on Urban and Rural Planning Law No. 47/2024/QH15. This Law regulates the preparation, appraisal, approval, review, adjustment, organization and management of urban and rural planning, and state management of urban and rural planning. The Law takes effect from July 1, 2015.

From July 1, 2025, implementing the policy of streamlining the apparatus and enhancing the effectiveness of state management, local governments are organized into two levels: provincial, centrally-run city and grassroots level (commune, ward, special zone). The Law on Urban and Rural Planning passed by the National Assembly in 2024 also takes effect from July 1, 2025, replacing the 2009 Urban Planning Law and replacing the construction planning contents of the 2014 Construction Law passed by the National Assembly in 2024. However, the organizational structure of local governments adjusts the impact on the Law on Urban and Rural Planning that has just taken effect. During the application process, to ensure compliance with reality, on June 12, 2025, the Government issued Decree 145/2025/ND-CP with specific provisions:

Regarding the concepts: The concepts in the Law on Urban and Rural Planning when implementing the 2-level government are understood as follows: The concept of Provincial Urban includes: Provincial city (for example: Thai Nguyen city), city under centrally-run city (for example: Thu Duc city), town (for example: Son Tay town), new urban area (for example: Cu Van new urban area). The concept of General urban planning of the province includes: General planning of provincial city (for example: Pho Yen city), centrally-run city (for example: Hai Duong city); general planning of town; planning of new urban area expected to become town, expected to become provincial city, centrally-run city. The concept of Chairman or Vice Chairman of the Provincial People's Committee, district level is understood as the Chairman or Vice Chairman of the Provincial People's Committee, commune level. The concept of Rural includes current district and commune. The concept of the People's Committee at the commune level is the grassroots level directly under the province or centrally run city. The concept of the Urban area under the province includes current cities and towns.

Vo Nguyen Giap Square.

Regarding the organization of planning tasks, local adjustments, appraisal of planning tasks and urban and rural planning: The responsibilities of the District People's Committee according to the Law on Urban and Rural Planning are now assigned to the Commune People's Committee to implement, including: Establishing planning tasks, local adjustments, appraisal of planning tasks for projects within the administrative boundaries of the commune. In the case of establishing planning tasks, appraisal of planning tasks for projects within the administrative boundaries of 2 or more communes, the Provincial People's Committee shall perform.

Regarding the organization of appraisal of planning tasks and urban and rural planning: The specialized agency for urban and rural management of the People's Committee of the commune organizes the appraisal of planning tasks and urban and rural planning within the administrative boundaries of the commune. The specialized agency for urban and rural management under the People's Committee of the province appraises planning tasks and urban and rural planning of plans covering 02 communes or more.

Regarding the approval of planning tasks, urban and rural planning: The People's Committee at the commune level approves planning tasks, urban and rural planning of plans within the natural administrative boundaries of 01 commune. The People's Committee at the provincial level approves planning tasks, urban and rural planning of plans with a scope related to the administrative boundaries of 02 communes or more. The approval of local adjustments to urban and rural planning is carried out by the People's Committee of the commune.

Regarding decentralization and authorization: The provincial People's Committee decentralizes and authorizes the commune People's Committee to carry out approval and the provincial professional agency decentralizes and authorizes the appraisal of planning tasks and urban and rural planning to the commune professional agency based on the nature, scope, scale, investment needs, development management requirements, suitability and implementation capacity of the grassroots level.

Regarding the order and procedures for approving planning tasks, urban and rural planning are carried out according to the provisions of the Law on Urban and Rural Planning.

Regarding responsibilities in organizing and managing urban and rural planning: The People's Committee of the commune keeps records of marker planting and provides documents related to marker planting to organizations and individuals upon request. The People's Committee of the commune provides information on urban and rural planning and approved plans to agencies, organizations and individuals upon request. The order and procedures for carrying out the work of keeping and providing plans are in accordance with the provisions of the Law on Urban and Rural Planning.

Song Cau Walking Street.

Regarding some other issues regarding the regulations on the authority of the two-level local government in the field of State management of construction: Regarding construction licensing: The People's Committee of the commune shall carry out the approval of the location, scale of construction and duration of temporary works by the People's Committee of the commune, and the People's Committee of the province shall prescribe the procedures. The tasks of state management of the People's Committee of the district, town, city (belonging to the province) shall now be performed by the People's Committee of the commune. The tasks of the specialized agencies (urban management department, economic infrastructure department, etc.) under the People's Committee of the district shall now be performed by the construction management agency under the People's Committee of the commune.

The People's Committee of the commune shall, after being delegated by the Provincial People's Committee, perform the following tasks: Approval of location, route, and master plan of the investment project (no construction planning required); appraisal of projects, design of projects, and management of construction order in the commune. The work of inspecting, accepting, managing quality, construction, and maintenance of construction works shall be prescribed by the Provincial People's Committee. In case the People's Committee of the commune shall perform according to the delegation of the Provincial People's Committee. The Chairman of the Provincial People's Committee or the competent state agency shall decide to demolish the construction in accordance with the provisions of the law on construction and related laws, decide to enforce demolition, and organize the demolition of construction works in cases where the investor or owner fails to fulfill his/her responsibilities in accordance with the provisions of law.

The policy of implementing a two-level local government is being implemented starting from July 1, 2025, the Law on Urban and Rural Planning takes effect to meet the management and development goals. Decree 145/2025/ND-CP dated June 12, 2025 with the content of ensuring feasibility, suitability and effective until March 1, 2027, together with the system of related documents of the Government, is a tool to establish, implement and manage urban and rural planning until the Law on Urban and Rural Planning is amended, supplemented and takes effect. Entering a new development stage with the driving force of the new governance model structure, urban and rural areas with potential opportunities enter a new era, the era of development.

Source: https://baothainguyen.vn/van-nghe-thai-nguyen/202507/quan-ly-viec-kien-tao-khong-gian-do-thi-nong-thon-khi-to-chuc-chinh-quyen-dia-phuong-2-cap-2cc1ed6/