Does the agricultural project have to make a detailed plan?
Mon, 14 Oct 2019 10:27:00 | Print | Email Share:
The area of construction of the project components is a breeding farm with a grade-IV work not exceeding 5 hectares, no detailed planning is required, but construction investment projects (including basic design documents). departments with drawings of the total ground of 1/500 scale) must be made and approved according to regulations.
The project of raising pig farms of Son Hai Breeding Co., Ltd has been approved by the People's Committee of Dak Nong Province in the Decision No. 1857 / QD-UBND dated November 21, 2017, the investment location is at hamlet 1, Con Dau, Ea Po Commune, Cu Jut District.
Project scale: Construction land area: 29,222 m2; internal yard area: 5,766 m2; area of isolated greenery and grass: 74,650 m2.
According to the Official Letter No. 491 / SXD-QHKT dated March 30, 2018, The Dak Nong Department of Construction requires Son Hai Livestock Co., Ltd to make a detailed plan of 1/500 to be granted construction permit.
However, under the guidance of the Ministry of Construction in the Official Dispatch No. 42 / BXD-QLQH dated October 10, 2017 on guiding a number of problems in the planning process during the implementation of the Construction Law2014 and the 2009 Urban Planning Law, “In case the land area for construction of components such as workshops, barns, offices, guest houses, etc. does not exceed 5 hectares, it is not required to make regulations. detailed construction plan which must be formulated for construction investment project ".
Through the system of receiving and responding to recommendations of enterprises, Son Hai Livestock Co., Ltd would like to request the competent authorities to consider and respond specifically to the The Company's project of raising pig farms that is being implemented in Dak Nong Province.
Regarding this issue, The Ministry of Construction has the following opinions:
The project to raise pigs for breeding gilts of Sthe on Hai Livestock Breeding Co., Ltd is expected to be built in Hamlet 1, Con Dau, Ea Po Commune, Cu Jut District, Dak Nong Province, which is identified as a class IV agricultural work in remote areas and there is no urban development planning.
Pursuant to Clause 1, Article 51 of the 2014 Law on Construction, A construction investment project, irrespective of its funding sources, must satisfy the following requirements:. Being in line with the socio-economic development master plan, sectoral development master plan, construction master plan, land use master plan and plan in the locality where the construction investment project is located. The objectives and requirements of construction plannings must ensure the satisfaction of specialized technical regulations and standards, synchronous connection of technical infrastructure systems, environmental protection, and consent of the community. and related agencies and organizations.
Cases not required for detailed planning are specified in Clause 4, Article 14 of the Government's Decree No. 37/2010 / ND-CP dated April 7, 2010, on elaboration, appraisal, approval and management. management of urban planning and Clause 5, Article 10 of Decree No. 44/2015 / ND-CP dated May 6, 2015 of the Government detailing a number of contents on construction planning.
For areas of agricultural production, farming, husbandry without construction works, located outside urban areas, rural population quarters, and specific functional areas, it is not required detailed construction plannings.
However, for areas with concentrated construction such as factories, warehouses, barns, offices, guest houses ... with large scale (over 5 ha), it is necessary to make tasks and projects. detailed construction planning as a basis for management.
In case the construction area of the above components of the project is a breeding farm with a grade IV construction work (2,9222 ha) not exceeding 5 ha, no detailed planning is required, but the first project. Construction investment (including the basic design dossier with a total ground drawing of 1/500 scale) must be made and approved in accordance with Articles 53 and 60 of the 2014 Construction Law, in accordance with the regulations. standards, technical standards, construction plannings, relevant branch plannings and current law provisions.
Pursuant to Point k, Clause 2, Article 89 of the Construction Law,2014, the Farm Project of the Company intending to invest in construction in rural areas, without urban development planning, is exempted from construction permits.
The Ministry of Construction is studying and reviewing to complete the system of legal documents to supplement and clarify the regulations related to construction planning to ensure control requirements on planning and architecture and simplify procedures in formulating construction investment projects.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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