Consolidated Text No. 11/VBHN-VPQH dated July 04, 2019 of the Office of the National Assembly of the Law on Urban Planning

CONSOLIDATED TEXT - THE OFFICE OF THE NATIONAL ASSEMBLY

THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

 

LAW ON URBAN PLANNING[1]

Law No. 30/2009/QH12 on Urban Planning of June 17, 2009, of the National Assembly, which takes effect on January 1, 2010, is amended and supplemented by:

1. Law No. 77/2015/QH13 on Organization of Local Administration of June 19, 2015, of the National Assembly, which takes effect on January 01, 2016;

2. Law No. 35/2018/QH14 of November 20, 2018, of the National Assembly, Amending and Supplementing a Number of Articles of Thirty-Seven Laws Concerning Planning, which takes effect on January 01, 2019.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Urban Planning.^[2]

Part One

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides urban planning activities, including formulating, appraising, approving and adjusting master plans on urban centers; organizing the implementation of master plans on urban centers and managing urban development according to approved master plans on urban centers.

Article 2. Subjects of application

This Law applies to domestic and foreign organizations and individuals directly involved in or related to urban planning activities in the Vietnamese territory.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Urban center means an area with a dense population mainly engaged in non-agricultural economic activities, which is a political, administrative, economic, cultural or specialized center playing the role of promoting the socio-economic development of the country or a territorial region or locality. Urban centers include inner cities and suburbs; inner towns and outskirts; and townships.

2.^[3] New urban center means an urban center to be formed in the future in line with the master plan on the system of urban centers and rural areas, which is invested and constructed to step by step satisfy the law-prescribed criteria of urban centers.

3. New urban quarter means an area within an urban center which is newly built with complete technical and social infrastructure and houses.

4. Urban planning means the organization of the space, architecture, urban landscape and system of technical and social infrastructure facilities and houses in order to create an appropriate living environment for people living in an urban center, which is expressed on an urban plan.

5. Planning tasks means requirements on study and organization of implementation approved by competent authorities as a basis for making an urban plan.

6. Urban plan means a document reflecting the contents of urban planning, including drawings, mock-ups, explanations and regulations on management according to urban planning.

7. General planning means the organization of the space and system of technical and social infrastructure facilities and houses for an urban center suitable to its socio-economic development, ensuring defense, security and sustainable development.

8. Zoning planning means the division and determination of functions and norms on the use of planned urban land of land areas, networks of social and technical infrastructure facilities within an urban area in order to concretize a general plan.

9. Detailed planning means the division and determination of norms on the use of planned urban land, requirements on management of architecture and landscape of each lot of land; arrangement of technical and social infrastructure facilities in order to concretize a zoning plan or general plan.

10. Urban planning period means a specified period used as a basis for forecasting and calculating techno-economic norms for the making of an urban plan.

11. Validity period of urban planning means a specified period counting from the time when an urban plan is approved to the time it is adjusted or cancelled under a decision.

12. Urban architecture means a combination of objects in an urban center, including architectural, technical, art and advertisement works whose existence, image and shape dominate or directly affect urban landscape.

13. Urban space means a space covering urban architectural objects, trees and water surface in an urban center directly affecting urban landscape.

14. Urban landscape means a specific space with various observation directions in an urban center, such as the space in front of an architectural complex, a square, a street, a pavement, a footpath, a park, a greenery, a tree garden, a flower garden, a hill, a mountain, a hillock, an island, an islet, a natural land slope, a coastal strip, lake surface, river surface, a canal or a trench in an urban center and public-utility space in an urban center.

15. Norms on the use of planned urban land are norms for spatial and architectural development management which are specified for an area or a lot of land, including construction density, land use co-efficient and maximum and minimum construction heights of works.

16.^[4] (annulled)

17.^[5] (annulled)

18. Framework technical infrastructure is a system of main technical infrastructure facilities of an urban center, including trunk roads, energy transmission lines, water supply lines, water drainage lines, information and telecommunications lines and key technical works.

19. Underground space means a space under the ground planned for the construction of urban underground works.

Article 4. Classification of urban centers^[6]

1. Urban centers shall be classified into 6 grades which are special grade, grade I, grade II, grade III, grade IV and grade V based on the following basic criteria:

a/ Position, functions, role, structure and socio-economic development level of the urban center;

b/ Population size;

c/ Population density;

d/ Non-agricultural labor rate;

dd/ Infrastructure development level.

2. The Government shall propose the National Assembly Standing Committee to specifically prescribe the classification of urban centers suitable to each socio-economic development period.

Article 5. Principle of compliance with master plans on urban centers

Organizations and individuals shall comply with approved master plans on urban centers and the regulation on management of urban planning and architecture when implementing programs and plans on investment in urban construction and development, specialized plans within urban centers, urban land use plans, managing the implementation of construction investment projects in urban centers, managing urban space, architecture and landscape or carrying out other activities related to urban planning.

Article 6. Requirements on master plans on urban centers

1.^[7] To concretize the master plan on the system of urban centers and rural areas, regional master plans, and provincial master plans; to conform with the strategies on socio-economic development, and national defense and security; to be in line with national-level master plans, regional master plans and provincial master plans; to ensure publicity and transparency and harmonious combination of the interests of the nation, residential communities and individuals.

2. To make scientific forecasts, meet practical requirements and be in line with the urban development trends; to observe urban planning regulations and other related ones.

3. To protect the environment, prevent catastrophes affecting the community, improve landscape, conserve cultural and historical relics and local traits through strategic environmental assessment in the course of urban planning.

4. To rationally exploit and utilize natural resources, restrict the use of agricultural land, economically and efficiently use urban land in order to create resources for urban development, economic growth, assurance of social welfare, defense and security and sustainable development.

5. To ensure synchronism in architectural space, system of urban social and technical infrastructure and underground space; to harmoniously develop different areas in urban centers.

6. To meet the needs for houses, health, educational, cultural, sports and trade facilities, parks, trees, water surface and other social infrastructure facilities.

7. To meet the needs for technical infrastructure including systems of roads, energy supply, public lighting, water supply and drainage, waste treatment, information and communication, and other technical infrastructure facilities; ensure smooth connection of technical infrastructure systems within urban centers and compatibility with regional, national and international technical infrastructure facilities.

Article 7. Order of formulation, appraisal and approval of master plans on urban centers

The formulation, appraisal and approval of master plans on urban centers must follow the following order:

1. Identification of urban planning tasks;

2. Appraisal and approval of urban planning tasks;

3. Formulation of urban plans;

4. Appraisal and approval of urban plans.

Article 8. Rights and responsibilities of agencies, organizations and individuals in commenting on and supervising urban planning activities

1. Domestic organizations and individuals have the right to comment on and supervise urban planning activities.

2. Organizations and individuals have the duty to comment on issues related to their operations in urban planning activities.

3. Agencies and organizations responsible for urban planning activities shall create conditions for commenting on and supervising urban planning activities.

4. Comments of organizations and individuals on urban planning activities must be summed up, studied and publicized.

Article 9. Archive and preservation of urban plan dossiers

1. Approved urban plan dossiers shall be archived under the archive law.

2. Urban planning management agencies and land management agencies at all levels shall preserve urban plan dossiers and supply documents of urban plan dossiers to agencies, organizations and individuals in accordance with law.

Article 10. Conditions on consultancy organizations and individuals involved in urban planning

1. Urban planning consultancy organizations must have the legal person status; and meet all conditions on quantity and professional capacity of individuals involved in urban planning, management capacity and technical conditions relevant to performed jobs.

2. Individuals involved in urban planning must possess practice certificates granted by competent agencies or organizations and capabilities relevant to performed jobs.

3. Foreign consultancy organizations and individuals involved in urban planning in Vietnam must, in addition to fully meeting the conditions stated in Clauses 1 and 2 of this Article, be accredited by competent Vietnamese agencies.

4. The Government shall specify conditions and capabilities of consultancy organizations and individuals involved in urban planning; and the competence and order for the grant of practice certificates.

Article 11. Selection of consultancy organizations for urban planning

1. Urban planning must be conducted by consultancy organizations, which shall be selected through designation or competition.

2. The Government shall specify the forms of designation and competition to select urban planning consultancy organizations.

Article 12. Funds for formulation and implementation of master plans on urban centers

1. The funds for formulation and implementation of master plans on urban centers include:

a/ State budget funds, which shall be used for formulation and implementation of general master plans, master plans on construction zonings and detailed master plans not belonging to investment projects on the construction of works for business purposes;

b/ Funds of organizations and individuals, which shall be used for formulation of master plans on urban centers under investment projects on the construction of works for business purposes.

2. The State encourages domestic and foreign organizations and individuals to provide funds for formulation of master plans on urban centers.

3. State budget funds for formulation and implementation of master plans on urban centers shall be used for the following jobs:

a/ Conducting topographical and geological surveys to serve the formulation of master plans on urban centers;

b/ Formulating, appraising and approving master plans on urban centers;

c/ Managing urban planning operations;

d/ Publishing and disclosing master plans on urban centers;

dd/ Placing boundary markers on the field according to master plans on urban centers;

e/ Formulating regulations on management of master plans on urban centers and architecture;

g/ Other jobs related to the formulation and implementation of master plans on urban centers.

4. The Government shall specify the use of funds for the formulation and implementation of master plans on urban centers.

Article 13. Contents of state management of urban planning

1. Formulating, and directing the materialization of, urban development orientations and strategies.

2. Promulgating, and organizing the implementation of, legal documents on management of urban planning activities.

3. Issuing technical regulations and standards on urban planning, and regulations on management of urban planning and architecture.

4. Managing urban planning activities.

5. Propagating, disseminating and educating in the law and information on urban planning.

6. Organizing and managing the training and foster training of human resources, science and technology research and application in urban planning activities.

7. Conducting international cooperation in urban planning activities.

8. Examining, inspecting and settling complaints and denunciations and handling violations in urban planning activities.

Article 14. State management responsibilities for urban planning

1. The Government shall perform the unified state management of urban planning nationwide.

2. The Ministry of Construction shall take responsibility before the Government for performing the state management of urban planning; assume the prime responsibility for, and coordinate with state agencies in, performing the state management of urban planning.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers and according to the assignment of the Government, coordinate with the Ministry of Construction in performing the state management of urban planning.

4. The People’s Committees at all levels shall perform the state management of urban planning in localities as decentralized by the Government.

Article 15. Inspection of urban planning

1. The construction inspectorate shall perform the function of inspecting urban planning.

2. The urban planning inspectorate has tasks and powers under the inspection law.

Article 16. Prohibited acts

1. Failing to perform the responsibility to organize the formulation of master plans on urban centers.

2. Selecting incapable consultancy organizations for urban planning.

3. Formulating, appraising, approving and adjusting master plans on urban centers in violation of this Law.

4. Illegally intervening in urban planning activities.

5.^[8] (annulled)

6.^[9] (annulled)

7. Refusing to provide information, except for information classified as state secret; providing wrong information on urban planning.

8. Deliberately violating approved master plans on urban centers.

9. Destroying urban space, architecture and landscape.

10. Placing boundary markers in wrong places; destroying and displacing urban planning boundary markers.

11. Obstructing and causing difficulties to the formulation and implementation of master plans on urban centers.

 

Chapter II

FORMULATION OF MASTER PLANS ON URBAN CENTERS

Section 1

ORGANIZATION OF THE FORMULATION OF MASTER PLANS ON URBAN CENTERS

Article 17. ^[10] (annulled)

Article 18. Types of master plans on urban centers

1. Master plans on urban centers are divided into the following types:

a/^[11] General master plan, which shall be formulated for a centrally run city, provincial city, town, township or new urban center;

General master plans of centrally run cities concretize provincial master plans and are formulated in centrally run cities regarding spatial organization, systems of technical and social infrastructure facilities, and houses for centrally run cities;

b/ Master plan on construction zoning, which shall be formulated for areas within a city, town or new urban center;

c/ Detailed master plan, which shall be formulated for areas to meet urban development and management requirements or construction investment needs.

2. Master plans on technical infrastructure constitute part of general master plans, master plans on construction zoning or detailed master plans; particularly for centrally run cities, technical infrastructure master plans shall be formulated as separate specialized master plans.

3. The Ministry of Construction shall prescribe dossiers for each type of urban planning.

Article 19. Responsibilities for organizing the formulation of master plans on urban centers

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, organizing the formulation of general master plans for new urban centers of a planning scope related to the administrative boundaries of two or more provinces and/or centrally run cities, general master plans for new urban centers with a projected population equal to that of urban centers of grade III or higher, and other planning assigned by the Prime Minister.

2. Provincial-level People’s Committees shall organize the formulation of general master plans for centrally run cities, general master plans for new urban centers, specialized master plans on technical infrastructure for centrally run cities, master plans on construction zoning and detailed master plans for areas of a scope related to the administrative boundaries of two or more rural and/or urban districts, areas in new urban centers and areas of importance, excluding the master plans on urban centers stated in Clause 1 and Clause 7 of this Article.

3. People’s Committees of provincial cities and towns shall organize the formulation of general master plans for provincial cities and towns, master plans on construction zoning and detailed master plans within the administrative boundaries under their management, excluding the master plans on urban centers stated in Clauses 1, 2 and 7 of this Article.

4. People’s Committees of urban districts shall organize master plan on construction zoning and detailed master plans within the administrative boundaries under their management, excluding the master plans on urban centers stated in Clauses 1, 2 and 7 of this Article.

5. People’s Committees of rural districts of a centrally run city shall organize the formulation of general master plans and detailed master plans for townships, master plans on construction zoning and detailed master plans within the administrative boundaries under their management, excluding the urban master plans stated in Clauses 1, 2 and 7 of this Article.

6. People’s Committees of rural districts of a province shall organize the formulation of general master plans and detailed master plans for townships, excluding urban master plans stated in Clauses 1, 2 and 7 of this Article.

7. Construction investment project owners shall organize the formulation of detailed master plans for areas assigned to them for investment.

Section 2

COLLECTION OF COMMENTS ON MASTER PLANS ON URBAN CENTERS

Article 20. Responsibility to collect comments on master plans on urban centers

1. Agencies organizing the formulation of master plans on urban centers and construction investment project owners specified in Clause 7, Article 19 of this Law shall collect comments of concerned agencies, organizations, individuals and communities on urban planning tasks and urban plans.

Concerned People’s Committees and planning consultancy organizations shall coordinate with the formulation of master plans on urban centers and construction investment project owners specified in Clause 7, Article 19 of this Law in collecting comments.

2. For urban planning tasks and urban plans to be approved by the Prime Minister, the Ministry of Construction shall collect comments of other concerned ministries, agencies and organizations at the central level; concerned People’s Committees shall collect comments under Clause 1 of this Article.

3. Planning consultancy organizations shall collect comments of concerned agencies, organizations, individuals and communities on urban plans.

4. Contributed comments must be fully synthesized, explained, assimilated and reported to competent authorities for consideration before master plans on urban centers are approved.

 

Article 21. Forms and time of collecting comments

1. Concerned agencies, organizations and individuals shall be consulted in the form of sending dossiers and documents or holding conferences or workshops. Consulted agencies and organizations shall give written replies.

2. The collection of comments of residential communities on general planning tasks and plans shall be conducted by consulting their representative in the form of distributing survey cards and questionnaires. Residential community representatives shall synthesize comments of their communities in accordance with the law on grassroots democracy.

3. The collection of comments of residential communities on zoning planning and detailed planning tasks and plans shall be conducted by opinion polls through public display or introduction of planning options on the mass media.

4. The time limit for giving comments is at least 15 days for agencies, and 30 days for organizations, individuals and communities.

 

Section 3

URBAN PLANNING TASKS

Article 22. Requirements on urban planning tasks

1. Urban planning tasks must determine development viewpoints and objectives in response to the requirements of each urban center and each planned area as a basis for conducting studies to make urban plans.

2. Urban planning tasks must be approved by competent agencies under Articles 44 and 45 of this Law.

Article 23. Contents of urban planning tasks

1. General urban planning tasks must determine the nature and role of urban centers, basic requirements on studies to exploit the development potential, driving force and orientations, urban expansion, arrangement of the systems of urban social and technical infrastructure facilities in inner areas and suburbs; and requirements on strategic environmental assessment.

2. Zoning planning tasks must determine the boundary, area and nature of the planned area, the expected norms on population, land use and social and technical infrastructure; requirements and basic principles of zoning to ensure conformity in terms of architectural space and connection of technical infrastructure with the approved general planning and suitability with adjacent areas; and requirements on strategic environmental assessment.

3. Detailed planning tasks must determine the limits of land use and population; requirements and principles of organization of architectural space, social and technical infrastructure in the planned area, ensuring conformity with approved general planning and zoning planning and suitability with adjacent areas; requirements on strategic environmental assessment.

4. In case of planning the renovation and refurbishment of urban centers, planning tasks must identify requirements on studies to assure balanced and stable development of urban centers or planned areas, preserve architectural space and characteristics of urban centers and improve the people’s living conditions.

5. In case of planning new urban centers or urban quarters, planning tasks must identify requirements on studies to ensure synchronism and completeness of the systems of social and technical infrastructure facilities in urban centers and connection with technical infrastructure outside urban centers, and modern architectural space and living environment.

Section 4

MAKING OF URBAN PLANS

Article 24. Bases for making urban plans

1.^[12] Strategies on socio-economic development, and national defense and security, national-level master plans, regional master plans, provincial master plans, and higher-level technical and specialized master plans already approved.

2.^[13] (annulled)

3. Approved urban planning tasks.

4. Technical regulations on master plans on urban centers and sectoral technical regulations.

5. Topographic maps made by specialized survey and measurement agencies.

6. Socio-economic documents and data on related localities and sectors.

Article 25. General plans of centrally run cities

1. A general plan of a centrally run city must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure of the city; development model, development structure of the space of the inner area and suburbs, including underground space; orientation of the system of framework technical infrastructure facilities; strategic environmental assessment; priority investment programs and resources for implementation.

2. Drawings of a general plan of a centrally run city shall be made on a 1:25,000 or 1:50,000 scale. The plan must clearly indicate the inner area and areas planned for development.

3. The period of a general plan of a centrally run city shall be 20-25 years, with a vision of up to 50 years.

4. The approved general plan of a centrally run city shall serve as a basis for conducting specialized urban technical infrastructure planning and zoning planning for the city.

Article 26. General plans of provincial cities, towns

1. A general plan of a provincial city or town must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure; development model, development orientation of the space of the inner area and suburbs, political-administrative, service, trade, cultural, education, training and health centers, green parks, physical training and sports facilities in the city or town; planning on the system of framework technical infrastructure facilities on the ground, overhead and underground; strategic environmental assessment; priority investment plans and resources for implementation.

2. Drawings of a general plan of a city or town shall be made on a 1:10,000 or 1:25,000 scale. The dossier must clearly indicate the inner area and areas planned for development.

3. The period of a general plan of a provincial city or town shall be 20-25 years.

4. The approved general plan of a city or town shall serve as a basis for conducting zoning planning and detailed planning for areas and making investment projects on the construction of framework technical infrastructure in the city.

Article 27. General plans of townships

1. A general plan of a township must indicate the development objectives and driving force, population size, land area and norms on social and technical infrastructure in the township; organization of urban space, planning on social infrastructure facilities and the system of technical infrastructure facilities; strategic environmental assessment; priority investment plans and resources for implementation.

2. Drawings of a general plan of a township shall be made on a 1:5,000 or 1:10,000 scale.

3. The period of a general plan of a township shall be 10-15 years.

4. The approved general plan of a township shall serve as a basis for conducting detailed planning for areas and making investment projects on the construction of technical infrastructure in the township.

Article 28. General plans of new urban centers

1. A general plan of a new urban center must contain an analysis and clarification of bases for the formation and development of the urban center; studies on the model of development of the space, architecture and environment suitable to the nature and functions of the urban center; identifies development stages, implementation plans and projects to create a driving force for forming and developing the new urban center and a model of urban development management; and strategic environmental assessment.

2. Drawings of a general plan of a new urban center shall be made on a 1:10,000 or 1:25,000 scale.

3. The period of a general plan of a new urban center shall be 20-25 years.

4. The approved general plan of a new urban center shall serve as a basis for conducting zoning planning and detailed planning for areas and making investment projects on framework technical infrastructure in the new urban center.

Article 29. Zoning plans

1. A zoning plan must indicate the use functions for each lot of land; principles of organization of space, architecture and landscape for the entire planned area; norms on population, land use and technical infrastructure for each street block; arrangement of social infrastructure facilities in response to their use needs; arrangement of the network of technical infrastructure facilities in each street suitable to each development period of the urban center; and strategic environmental assessment.

2. Drawings of a zoning plan shall be made on a 1:5,000 or 1:2,000 scale.

3. The period of a zoning plan shall be determined on the basis of the period of the general planning and urban management and development requirements.

4. The approved zoning plan shall serve as a basis for identifying construction investment projects in the urban center and conducting detailed planning.

Article 30. Detailed plans

1. A detailed plan must indicate the norms on population, social and technical infrastructure and requirements on organization of space and architecture for the entire planned area; arrangement of social infrastructure facilities in response to their use needs; norms on land use and requirements on work architecture for each lot of land; arrangement of the network of technical infrastructure facilities up to the boundary of each lot of land; and strategic environmental assessment.

2. Drawings of a detailed plan shall be made on a 1:500 scale.

3. The period of a detailed plan shall be determined on the basis of the period of the zoning planning and urban management and development requirements.

4. The approved detailed plan shall serve as a basis for granting construction permits and formulating construction investment projects.

Article 31. Planning for renovation and refurbishment of urban centers; development of new urban quarters and new trunk roads in urban centers

1. When planning renovation and refurbishment of an urban center, it is necessary to evaluate the current use of land, social and technical infrastructure facilities, cultural, social and environmental factors of the urban center and the planned area in order to come up with appropriate supplementation and adjustment solutions to economically and efficiently exploit and use urban land, ensure the needs for using social and technical infrastructure; preserve and promote the identity, space, architecture and landscape of the urban center.

2. When planning a new urban quarter, it is necessary to abide by the principles of economical and efficient use of land, effective utilization of existing infrastructure systems, close connection between to be-developed areas and existing urban center; ensure the synchronous and complete system of social and technical infrastructure facilities and services in the urban center and harmony between to-be-developed areas and existing residential areas; protect natural resources and preserve the identity of the areas.

3. Detailed planning for new trunk roads in an urban center must ensure the following requirements:

a/ The planned area must be at least 50 meters outward from the red-line boundary of a planned road;

b/ To effectively exploit the land fund along both sides of a road; to study the space, architecture and shape of construction works and the setback of each specific work, ensuring the integrity and peculiarities of the area.

Article 32. Urban design

1. Urban design constitutes part of an urban plan and shall be made under Clauses 1, 2 and 3, Article 33 of this Law.

2. In case an urban quarter has land lots with basically stable use functions, an urban plan is not required to be made but a separate urban design plan must be made as a basis for managing construction investment and granting construction permits. The details of a separate urban design plan are provided in Clause 4, Article 33 of this Law.

3. The formulation, appraisal and approval of separate urban design plans comply with Articles 19, 20, 21, 41, 42, 43, 44 and 45 of this Law applicable to detailed plans.

Article 33. Details of an urban design

1. The urban design in a general plan must indicate architectural and landscape areas in an urban center; proposed organization of space in central areas and gateways, main spatial axis, big squares, greenery space, water surface and prominent points in the urban center.

2. The urban design in a zoning plan must indicate control limits of norms on setback and urban landscape along trunk roads and in central areas; areas with open space, prominent works and street blocks in the designed area.

3. The urban design in a detailed plan must indicate prominent works in the planned area, visions and construction heights of works in each lot of land and the whole area; setback of works along each street and crossroad; dominant shapes, colors and forms of architecture of architectural works; systems of trees, water surface and squares.

4. The urban design of a separate urban design plan must indicate the construction height for each work; setback of works along each street and crossroad; colors, materials, forms and details of architecture of works and other architectural objects; organization of public trees, garden yards, street trees and water surface.

Article 34. Regulation on management according to urban plan or urban design

1. A regulation on management according to urban plan or urban design is a regulation on norms on land use in each area or lot of land, technical parameters of the system of technical infrastructure, organization of space, architecture and landscape in the planned urban area.

2. On the basis of drawings and explanations of urban plans or urban designs and recommendations and measures for implementation, consultancy organizations compiling urban plans or urban designs shall elaborate regulations on management according to urban plan or urban design and submit them to agencies approving master plans on urban centers or urban designs.

3. Agencies approving master plans on urban centers or urban designs shall issue regulations on management according to urban plan or urban design.

Article 35. Contents of a regulation on management according to urban plan or urban design plan

1. A regulation on management according to the general plan contains the following principal contents:

a/ Norms on area and density of construction, land use coefficient and maximum and minimum heights of works in each functional quarter in an urban center;

b/ Control of space and architecture in areas in an urban center;

c/ Red-line boundary markers of main streets and the control construction ground floor level in an urban center;

d/ Locations and scope of protection and safety corridors of underground works;

dd/ No-construction areas; scope of protection and safety corridors of technical infrastructure facilities; environmental protection measures;

e/ Areas of conservation and embellishment of architectural works, historical and cultural relics, spots of beauty and scenic places and landscape areas in an urban center.

2. A regulation on management according to the zoning plan contains the following principal contents:

a/ Boundary, scope and nature of the planned area;

b/ Locations, boundaries, nature and scopes of functional quarters in the planned area; norms on density of construction, land use coefficients and maximum and minimum heights and standard construction ground floor level of each street; red-line boundary markers, construction ground floor level and specific technical requirements of each road; and scope of protection and safety corridors of technical infrastructure facilities;

c/ Major spatial axes, prominent points in an urban center;

d/ Locations and scopes of protection and safety corridors of underground works;

dd/ Areas of conservation, renovation and embellishment of historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

3. A regulation on management according to the detailed plan contains the following principal contents:

a/ Boundary and scope of the planned area;

b/ Locations, boundaries, functions and sizes of land lots in the planned area; norms on density of construction, land use coefficients and standard construction ground floor level  of each lot of land; heights, floor and ceiling levels of the ground story; forms of architecture and fences of works, building materials of works; red-line boundary markers, construction markers, and specific technical requirements of each road, street and lane; and scope of protection and safety corridors of technical infrastructure facilities;

c/ Locations and scope of protection and safety corridors of underground works;

d/ Conservation, renovation and embellishment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

4. A regulation on management according to the urban design plan contains the following principal contents:

a/ Boundary and scope of the designed urban area;

b/ Functions, density of construction, standard construction ground floor level of each lot of land; heights, forms of architecture and fences of works, building materials of works; floor and ceiling levels of the ground story, and setback of works;

c/ Public works, small architectural works; architecture covering urban technical infrastructure facilities;

d/ Conservation, renovation and embellishment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

Section 5

MASTER PLANS ON URBAN TECHNICAL INFRASTRUCTURE

Article 36. Objects of master plans on urban technical infrastructure

Master plans on urban technical infrastructure shall be formulated for the following objects:

1. Urban transport;

2. Urban base heights and surface water drainage;

3. Urban water supply;

4. Urban wastewater drainage;

5. Energy supply and urban lighting;

6. Information and communication;

7. Cemeteries and solid waste treatment.

Article 37. Contents of master plans on urban technical infrastructure

1. A master plan on urban transport must indicate land funds reserved for transport construction and development, locations and sizes of key works; organization of the urban transport system on the ground, overhead and underground; and the scope of protection and corridors for traffic safety.

2. A master plan on base height and urban surface water drainage must indicate areas favorable for construction in each area and urban center; main basins for water drainage, and areas where construction is banned and restricted; standard construction ground floor level, network of surface water drainage and key works; and measures of preventing and mitigating damage caused by natural disasters.

3. A master plan on urban water supply must indicate the need for and selection of water sources; locations and sizes of water supply works, including the networks of transmission and distribution, water plants, cleaning stations, scope of protection of water sources and protection corridors of water supply facilities;

4. A master plan on urban wastewater drainage must indicate the total volume of wastewater, locations and sizes of water drainage works, including networks of drainage pipelines, wastewater drainage plants and stations, sanitation distance from and corridors of protection of urban wastewater drainage works.

5. A master plan on energy supply and lighting must indicate energy use needs, supply sources, requirements of locations and size of key works, transmission and distribution networks; safety corridors and scopes of protection of works; and comprehensive solutions for urban lighting.

6. A master plan on information and communications must indicate information transmission routes, locations and sizes of satellite stations, switchboards and auxiliary works.

7. A master plan on solid waste treatment must indicate the total volume of solid waste, locations and sizes of transfer depots, solid waste treatment facilities, auxiliary works and sanitation distance from solid waste treatment facilities.

8. A master plan on cemeteries must indicate burial needs, locations, sizes and boundaries of cemeteries, functional sub-zones, arrangement of technical infrastructure works and sanitation distance from cemeteries.

Article 38. Specialized technical infrastructure plans

1. A specialized technical infrastructure plan stated in Clause 2, Article 18 of this Law shall be made for each technical infrastructure object in the whole urban center.

2. A specialized technical infrastructure plan must comply with Articles 37 and 39 of this Law and the approved general plan of the centrally run city concerned.

3. The period of specialized technical infrastructure planning coincides with that of the general plan.

4. An approved specialized technical infrastructure plans shall serve as a basis for formulating an investment project on the construction of a framework system of urban technical infrastructure.

Section 6

STRATEGIC ENVIRONMENTAL ASSESSMENT UNDER MASTER PLANS ON URBAN CENTERS

Article 39. Content of strategic environmental assessment

1. Strategic environmental assessment is part of a general plan, zoning plan, detailed plan and specialized technical infrastructure plan.

2. The content of strategic environmental assessment of an urban plan covers:

a/ Assessment of the present situation of the urban environment regarding hydro-meteorological conditions; quality of water, air and eco-system, geology; soil erosion; solid wastes, wastewater and noise; exploitation and utilization of natural resources; climate change; social issues, landscape, culture and heritage sites, as a basis for putting forward urban planning solutions;

b/ Forecasts about environmental development in the course of implementing the master plan on urban ceners;

c/ Comprehensive solutions to preventing, reducing and remedying environmental impacts and making environmental monitoring plans.

3. The Government shall specify the content of strategic environmental assessment of an urban plan.

Article 40. Appraisal of the content of strategic environmental assessment

1. The appraisal of the content of strategic environmental assessment shall be conducted in the course of appraising an urban plan.

2. The agency appraising urban planning shall assume the prime responsibility for, and coordinate with the environment state management agency in appraising its content of strategic environmental assessment.

 

Chapter III

APPRAISAL AND APPROVAL OF MASTER PLANS ON URBAN CENTERS

Article 41. Agencies appraising urban planning tasks and urban plans

1. The Ministry of Construction shall appraise urban planning tasks and urban plans to be approved by the Prime Minister.

2.^[14] Provincial-level urban planning management agencies shall appraise urban planning tasks and plans to be approved by People’s Committees of the same level.

3.^[15] District-level urban planning management agencies shall appraise urban planning tasks and plans to be approved by People’s Committees of the same level.

Article 42. Appraisal councils

1. The Ministry of Construction shall decide to establish an appraisal council for:

a/ Master plans on urban centers to be approved  by the Prime Minister;

b/ Master plans on urban centers of special political, socio-economic, cultural and historical importance which are formulated by the Ministry of Construction under the assignment of the Prime Minister.

2. People’s Committees competent to approve master plans on urban centers shall decide to set up appraisal councils, except the cases stated in Clause 1 of this Article.

3. An appraisal council shall be composed of representatives of related state management agencies and socio-professional organizations.

Article 43. Contents of appraisal of urban planning tasks and urban plans

1. Appraisal of urban planning tasks covers:

a/^[16] Satisfaction of urban planning tasks with socio-economic development, and national defense and security requirements and their conformity with higher-level master plans;

b/ Content requirements for each type of urban planning tasks specified in Article 23 of this Law;

2. Appraisal of an urban plan covers:

a/ Eligibility of urban planning consultancy organizations as prescribed in Article 10 of this Law;

b/ Grounds for making the urban plan prescribed in Article 24 of this Law;

c/ Compliance of the urban plan with urban planning tasks and requirements prescribed in Article 6 of this Law and content requirements for each type of plan prescribed in Sections 3, 4 and 5, Chapter II of this Law.

Article 44. Competence to approve urban planning tasks and plans^[17]

1. The Prime Minister shall approve the following urban planning tasks and plans:

a/ General master plans of centrally run cities, general master plans of provincial cities which are grade-I urban centers, general master plans of new urban centers with a population forecast to be equivalent to that of grade-III or higher-grade urban centers and new urban centers to be included in a relevant master plan related to the administrative boundaries of two or more provinces;

b/ Specialized urban technical infrastructure master plans of centrally run cities which are special-grade urban centers;

c/ General master plans, master plans on construction zoning and detailed master plans of areas of special political, socio-economic, cultural, or historical importance of the nation as prescribed by the Government.

2. People’s Committees of provinces and centrally run cities shall approve the following urban planning tasks and plans:

a/ General master plans of provincial cities, towns, townships and new urban centers, except the master plans on urban centers specified at Point a, Clause 1 of this Article; for general construction plans of grade-II, grade-III and grade-IV urban centers and new urban centers, before being approved, the written agreement of the Ministry of Construction is required;

b/ Specialized urban technical infrastructure master plans of centrally run cities, except the master plans specified at Point b, Clause 1 of this Article, after obtaining the written agreement of the Ministry of Construction;

c/ Master plans on construction zoning of special-grade and grade-I urban centers; master plans on construction zoning and detailed master plans of areas in urban centers within the administrative boundaries of 2 or more rural or urban districts, areas of importance, and areas within new urban centers, except the master plans specified at Point c, Clause 1 of this Article.

3. People’s Committees of provincial cities, towns, and urban districts and People’s Committees of rural districts of centrally run cities shall approve tasks and plans of master plans on construction zoning and detailed master plans within the administrative boundaries under their respective management, except the master plans on urban centers specified in Clauses 1 and 2 of this Article, after obtaining the written agreement of provincial-level urban planning-managing agencies.

4. People’s Committees of rural districts of provinces shall approve tasks and plans of detailed master plans of townships, except the master plans on urban centers specified in Clauses 1 and 2 of this Article, after obtaining the written agreement of provincial-level urban planning-managing agencies.

5. People’s Committees of cities, towns and townships shall report to the same-level People’s Councils on general master plans on urban centers before submitting them to competent state agencies for approval.

Agencies organizing formulation of master plans on urban centers shall coordinate with People’s Committees of cities, towns and townships in reporting to the same-level People’s Councils on general master plans of cities, towns and townships.

6. The Government shall prescribe in detail the order and procedures for approving urban planning tasks and plans.

Article 45. Forms and contents of approving urban planning tasks and urban plans

1. Urban planning tasks and urban plans shall be approved in writing.

2. A document approving an urban plan must contain the major details of the plan specified in Articles 23, 25, 26, 27, 28, 29, 30, 33, 37 and 39 of this Law and attached list of approved drawings.

Chapter IV

ADJUSTMENT OF MASTER PLANS ON URBAN CENTERS

Article 46. Review of master plans on urban centers

1. Master plans on urban centers shall be periodically reviewed and evaluated in the course of implementation so as to be promptly adjusted in response to the socio-economic development situation in each period.

General master plans and master plans on construction zoning shall be reviewed once every 5 years and detailed master plans once every 3 years, counting from the date they are approved.

2. People’s Committees at all levels shall review approved master plans on urban centers.

3. Results of review of master plans on urban centers shall be reported in writing to agencies competent to approve such master plans.

4. Based on the socio-economic development and factors affecting the urban development process, agencies competent to approve master plans on urban centers shall decide to adjust such master plans on urban centers.

Article 47. Conditions on adjustment of master plans on urban centers

A master plan on urban centers may be adjusted in any of the following cases:

1.^[18] The strategies on socio-economic development, national defense and security, national-level master plans, regional master plans, provincial master plans, or administrative boundaries are adjusted, greatly affecting the nature, function or size of an urban center or area subject to planning;

2. A key project of national importance is formed, which greatly affects urban land use, environment and spatial and architectural layout;

3. The master plan on urban centers cannot be implemented or its implementation is adversely affecting the socio-economic development, defense, security, social security, ecological environment, historical or cultural relics according to review or appraisal results and community opinions;

4. There is a change in climate, geological or hydrological conditions;

5. Serving national and community interests.

Article 48. Principles of adjustment of master plans on urban centers

1. Focusing on contents to be adjusted while other contents already approved continue to be legally valid.

2. Making adjustment based on analysis and assessment of the current conditions, clearly indicating urban renovation and refurbishment requirements and proposing adjusted norms on land use, solutions to organization of space, architecture and landscape in each area; and solutions to renovating the network of technical and social infrastructure facilities in response to development requirements.

Article 49. Types of adjustment of master plans on urban centers

1. Overall adjustment of master plans on urban centers is prescribed as follows:

a/ Overall adjustment of master plans on urban centers shall be made when the nature, functions and scope of urban centers or areas subject to formulation of detailed master plan are changed or when the proposed adjustment change the general structure and development orientation of urban centers or the nature, function, scope and major planning solutions of areas subject to formulation of master plans on construction zoning or detailed master plans;

b/ Overall adjustment of a master plan on urban centers must meet practical requirements, comply with the socio-economic development trend and urban development orientation in the future, improve the quality of the living environment, infrastructure and landscape of the urban center; ensure continuity and not greatly affect ongoing investment projects.

2. Partial adjustment of master plans on urban centers is prescribed as follows:

a/^[19] Partial adjustment of master plans on urban centers shall be made when the proposed adjustment does not change the nature, boundaries and general development orientations of urban centers; or the nature, functions, scope and major planning solutions of the areas subject to formulation of master plans on construction zoning or detailed master plans; and must not cause overload on technical and social infrastructure facilities of the areas subject to the adjustment;

b/ Partial adjustment of master plans on urban centers must clearly identify the scope, extent and content of adjustment, ensure continuity and uniformity of the existing general master plans, master plans on construction zoning and detailed master plans on the basis of analysis and clarification of reasons for adjustment, socio-economic benefits of the adjustment; and solutions to problems caused by the adjustment.

Article 50. Order of overall adjustment of master plans on urban centers

1. Agencies responsible for organizing the formulation of master plans on urban centers shall report proposals for overall adjustment of master plans on urban centers to agencies competent to approve such master plans.

2. After obtaining approval of agencies competent to approve master plans on urban centers, the formulation, appraisal and approval of overall adjustment tasks and plans and publication of adjusted master plans on urban centers must comply with Articles 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 33, 35, 37, 39, 41, 42, 43, 44, 48, 53 and 54 of this Law.

Article 51. Order of partial adjustment of master plans on urban centers^[20]

1. Agencies organizing formulation of master plans on urban centers shall:

a/ Report on contents and plans on partial adjustment of master plans on urban centers;

b/ Collect opinions of residential communities in the areas subject to the proposed adjustment and directly affected vicinities about the contents of, and plans for, the partial adjustment according to Section 2, Chapter II of this Law.

2. The competent urban planning-managing agencies defined in Article 41 of this Law shall appraise the bases, conditions and contents for the partial adjustment of master plans.

3. Agencies competent to approve master plans on urban centers shall consider and decide on the partial adjustment of master plans on urban centers based on the opinions of the urban planning-appraising agencies.

A decision on partial adjustment of master plans on urban centers must state the adjusted contents and be enclosed with drawings.

4. Agencies organizing formulation of master plans on urban centers shall update and demonstrate the adjusted contents in the urban planning dossiers. The contents on partial adjustment of master plans on urban centers shall be publicized according to Article 53 of this Law.

Article 52. Adjustment of a lot of land in the planned area

1.^[21] When necessary to adjust the boundaries or some norms on planned urban land use for implementing investment projects to build centralized or individual works in an area for which a detailed master plan has been approved, competent agencies shall base themselves on urban planning regulations, technical and social infrastructure conditions of urban centers or areas and the regulations on management of urban planning and architecture to decide on the adjustment.

The Government shall detail this Clause.

2. The adjustment of the boundary or some norms of planned urban land use of a lot of land must not affect the nature, architectural space, landscape, the environment and the technical and social infrastructure-providing capacity of the urban center and area.

 

Chapter V

ORGANIZATION OF IMPLEMENTATION OF, AND MANAGEMENT OF URBAN DEVELOPMENT ACCORDING TO, MASTER PLANS ON URBAN CENTERS

Section 1

ORGANIZATION OF IMPLEMENTATION OF MASTER PLANS ON URBAN CENTERS

Article 53. Publicization of master plans on urban centers

1.^[22] Within 15 days after a master plan on an urban center is approved, the urban construction plan shall be publicized in the following forms:

a/ Being broadcast in the mass media; being regularly and constantly updated on the websites of the agency organizing formulation of the master plan and agency formulating the master plan;

b/ Holding workshops and seminars to announce the master plan, with the participation of the representatives of related organizations and agencies, the Vietnam Fatherland Front, representatives of the residential communities in the areas subject to planning, and information and press agencies;

c/ Regularly and constantly displaying drawings, mock-ups and databases on the master plan on urban centers at offices of urban planning-related state management agencies at all levels, urban planning exhibition and information centers, and the areas subject to planning;

d/ Printing and  widely disseminating urban planning maps and approved regulations on urban planning management.

2.^[23] Contents to be publicized include the entire contents of urban construction plans and the promulgated regulations on management based on urban construction plans and designs, except the contents related to national defense, security and state secrets.

3. Urban planning management agencies shall fully update the implementation of approved urban plans for timely publicization by competent agencies to organizations and individuals for information and supervision.

Article 54. Responsibility for publicizing master plans on urban centers

1. People’s Committees of cities, towns and townships shall publicize general plans made for their cities, towns and townships.

2. People’s Committees of urban districts and rural districts of centrally run cities, People’s Committees of provincial cities, towns and townships shall publicize zoning plans and detailed plans made for areas within the administrative boundaries under their management.

Article 55. Provision of information on master plans on urban centers

1. Urban planning management agencies at all levels shall provide information on approved master plans on urban centers for organizations and individuals upon request.

2.^[24] Information on master plans on urban centers shall be provided in the following forms:

a/ Direct explanation of the master plans when so requested by agencies, organizations or individuals;

b/ Provision of information in paper or electronic form when so requested by agencies, organizations or individuals;

c/ Posting of information on the websites of state management agencies in charge of urban planning and broadcasting information in the mass media;

d/ Provision of publications on master plans.

3.^[25] People’s Committees at all levels shall organize the receipt, processing and provision of information when so requested. The provision of information shall be based on approved urban construction plans and designs and promulgated regulations on management according to the promulgated urban construction plans and designs.

In case of provision of information in written form, within 15 days after receiving a request, urban planning-managing agencies shall provide information.

4. Agencies providing information on urban planning shall take responsibility for the accuracy of documents and data provided by them.

Article 56.^[26] (annulled)

Article 57. Placement of markers under master plans on urban centers

1. Placement of markers under master plans on urban centers includes placement of markers of red-line boundaries, standard construction ground floor levels and boundaries of no-construction areas in the field according to approved marker placement dossiers.

2. After urban plans are approved by competent agencies, People’s Committees at all levels shall:

a/  Organize the compilation and approval of marker placement dossiers according to approved urban plans within 30 days from the date of approval of urban plans;

b/ Organize the placement of markers in the field according to approved marker placement dossiers within 45 days from the date of approval of marker placement dossiers.

3. Marker placement dossiers shall be prepared by specialized units.

4. Urban planning management agencies at all levels shall preserve approved marker placement dossiers and provide marker-related documents to organizations and individuals upon request.

5. When the master plan of an urban center is adjusted, markers shall be also adjusted according to adjusted master plan.

6. Markers must be durable, easily noticeable, and safe for passing persons and vehicles and suitable to the terrain and geomorphology of the marked areas.

7. The Ministry of Construction shall specify the placement and management of markers according to master plans on urban centers.

Section 2

MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE

Article 58. Principles of management of urban space, architecture and landscape

1. Owners of architectural objects affecting urban space, architecture and landscape shall protect and maintain their objects in the course of exploitation and use to ensure their beauty, safety and harmony with surrounding space.

2. The building, renovation, refurbishment, repair and dismantling of architectural objects and trees in public areas and premises of works and houses which affect urban space, architecture and landscape are subject to permission of competent management agencies.

3. Before formulating investment projects on the construction of big works of important significance and status in urban centers, architectural designs must be selected through contests.

4. The Government shall specify the management of urban space, architecture and landscape.

Article 59. Responsibility for management of urban space, architecture and landscape

1. The People’s Committees of cities, towns and townships shall comprehensively manage urban space, architecture and landscape within the administrative boundaries under their management.

2. Urban planning management agencies shall assist the People’s Committees of cities, towns and townships in managing urban space, architecture and landscape.

Article 60. Regulations on management of urban planning and architecture

1. The People’s Committees of cities, towns and townships shall promulgate regulations on management of urban planning and architecture applicable to all urban centers under their management.

2. Regulations on management of urban planning and architecture must conform with promulgated urban plans, regulations on management according to urban plan and urban design as well as practical conditions of urban centers.

3. Regulations on management of urban planning and architecture must contain the following principal contents:

a/ Regulations on organization of implementation of urban planning and management of urban development, for areas with approved urban planning and urban designs and other areas in urban centers;

b/ Regulations on management of urban architecture and space and encouraging and restricting measures;

c/ Specific regulations on management and control of urban development;

d/ Regulations on responsibilities of state agencies, organizations and individuals in organizing the implementation of urban planning and managing urban development.

Section 3

MANAGEMENT AND USE OF URBAN LAND ACCORDING TO MASTER PLANS

Article 61. Principles of management and use of urban land

1. Land of all categories in urban centers must be used for proper purposes and functions indicated in approved urban plans.

2. Urban land management must comply with this Law, the land law and other relevant laws.

Article 62. Preparation of land funds for urban development according to master plans

1. People’s Committees of competent levels shall organize ground clearance for areas already planned for the construction of technical and social infrastructure facilities to serve public interests in line with approved and publicized detailed master plans.

2. The recovery of land funds and compensation for people whose land is recovered comply with the land law. When land funds are recovered, land users are entitled to compensation for their property lawfully created before approved detailed master plans are publicized.

3. People’s Committees at all levels shall create favorable conditions for investors to properly implement investment planning and plans.

4. When implementing projects to develop roads under approved master plans, competent state agencies shall concurrently organize recovery of land along both sides of roads according to these master plans and hold auctions or bidding to select project owners under law.

5. The scope of construction investment projects must be determined to ensure suitability with the present status of land use and harmony between their objectives and urban refurbishment, preventing the emergence of land areas failing to meet construction requirements or affecting urban architecture and landscape.

6. In case an investment project uses only part of a lot of land, if the remaining area is too small to meet use needs or affects urban architecture and landscape according to the Government’s regulations, the State shall recover it and pay compensation to its user.

7. After the detailed master plan is approved and publicized, pending the recovery of land by the State, organizations and individuals in the planned area may continue using land and conducting renovation, repair and temporary construction under the construction law.

Section 4

MANAGEMENT OF CONSTRUCTION OF SYSTEMS OF URBAN INFRASTRUCTURE FACILITIES AND UNDERGROUND SPACE ACCORDING TO MASTER PLANS

Article 63. Management of land reserved for the construction of systems of urban technical infrastructure facilities

1. Land reserved for the construction of the system of urban technical infrastructure facilities includes land for the construction of key works, lines or networks of technical infrastructure and land within the scope of protection and safety corridors.

2. Land funds reserved for the construction of the system of technical infrastructure facilities already indicated in urban planning shall be used for proper purposes and may neither be encroached upon nor have their use purpose changed.

3. People’s Committees at all levels shall manage land funds reserved for the construction of the system of urban technical infrastructure facilities.

Article 64. Management of the construction of systems of urban technical infrastructure facilities in old and renovated urban centers

1. People’s Committees at all levels shall make plans to build technical tunnels and trenches for laying underground technical wire lines.

2. When investing in building new streets, renovating and expanding old streets in urban centers, it is necessary to concurrently build technical tunnels and trenches for installing underground wire lines and pipelines.

Article 65. Management of construction of urban technical infrastructure systems in new urban centers and urban quarters

1. The construction of roads under planning shall be carried out at the same time with building technical tunnels and trenches.

2. Wire line works and technical pipelines shall be arranged and installed in technical tunnels and trenches.

3. Investment in the construction of the system of technical infrastructure facilities must ensure synchronism under planning and the schedule of implementing urban development projects.

Article 66. Management of underground space

1. The exploitation and use of underground space for the construction of underground works must comply with the approved master plans on urban centers.

2. The management of the construction of works on the ground must not affect underground space already determined in the approved master plans on urban centers.

Article 67. Management of construction of underground works

1.^[27] The construction of underground works must comply with underground space master plans included in the approved master plans on urban centers; regulations on construction of underground works promulgated by the Ministry of Construction, and construction permits.

2. The construction of underground works must not affect works on the ground and underground works and space already existing or determined in master plans on urban centers.

3. The construction of transport routes and the system of public underground works must ensure safety and suitability with the exploitation and use of underground space and the ground; ensure convenient connection with traffic works underground and on the ground.

4. The construction of technical tunnels and trenches must not affect the use of space on the ground and must ensure safe exploitation, operation, repair and maintenance.

5. The Government shall specify the management of underground space.

Article 68. Management of trees, parks, natural landscape and water surface

1. Parks, flower gardens and trees in urban centers which are of cultural, historical, natural landscape and urban landscape value and have been included in management lists or indicated in master plans on urban centers must be assigned to organizations or individuals for management.

2. The building of parks and flower gardens and planting of trees under master plans on urban centers must meet requirements on utility, beauty, safety and urban environment; and must not damage infrastructure facilities on the ground, overhead and underground.

3. Lakes and natural water surface must not be encroached upon or other terrain characteristics must not be altered to prevent bad impacts on urban natural conditions and landscape.

4. Organizations and individuals shall protect parks, flower gardens, trees, water surface and other natural areas in urban centers. The felling, destruction and relocation of trees on management lists and the leveling and change of terrains in natural areas are subject to permission of competent management agencies.

Section 5

MANAGEMENT OF CONSTRUCTION ACCORDING TO MASTER PLANS ON URBAN CENTERS

Article 69. Principles of management of construction according to master plans of urban centers

1. Organizations and individuals investing in the construction, renovation and repair of architectural works, technical and social infrastructure works and houses shall comply with approved detailed master plans and the construction law.

2. Existing construction works which are architecturally inappropriate but comply with master plans on urban centers are allowed to be kept in their original conditions; in case of renovation, upgrading or repair, architectural requirements must be ensured under law.

3. Existing construction works which are no longer in line with master plans on urban centers shall be relocated according to the plan and schedule of implementing master plans on urban centers. Pending relocation, if their owners wish to renovate, upgrade and repair them, competent state agencies shall consider and grant temporary construction permits under the construction law.

Article 70. Introduction of sites

1. Urban planning management agencies shall introduce construction investment sites to investors upon request.

2. Sites recommended for construction investment must be in line with master plans on urban centers and suitable to the scope and nature of investment and save urban land, without affecting urban development and environment.

Article 71.^[28] (annulled)

Article 72. Management of development of new urban centers and urban quarters

1. People’s Committees of provinces and centrally run cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.

People’s Committees of rural districts, urban districts, towns and provincial cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.

2. The investment in constructing new urban centers and new urban quarters must ensure synchrony in social and technical infrastructure and public services and suit each period of development and implementation plans.

3. The scope of a new urban center must be determined on the principles of meeting actual urban development requirements, investment purposes, investor’s capability of organizing project implementation and social benefits.

4. People’s Committees of cities and towns shall organize the investment in the construction of technical infrastructure facilities outside the fences of new urban quarter projects to ensure convenient connection and transportation between new urban quarters and surrounding areas and other functional zones within urban centers.

5. When implementing projects to construct new urban quarters, residential quarters and housing quarters, People’s Committees at all levels and investors stated in investment decisions of competent authorities shall reserve appropriate land funds for developing social houses in accordance with law.

6. Project investors identified in investment decisions shall manage technical infrastructure systems, space and architecture according to approved master plans on urban centers within the boundaries of their projects, except for cases in which such management is transferred to People’s Committees.

Article 73. Management of renovation of urban centers according to master plans

When renovating or re-constructing an area within an urban center, it is necessary to save land, give priority to meeting on-spot resettlement needs of locals in the area; improve urban architectural, landscape and environmental conditions; comprehensively build and improve the quality of social and technical infrastructure systems and public services on the basis of balance and harmony with surrounding areas; protect cultural heritage, historical relics and traditional traits of urban centers and areas.

 

Chapter VI

IMPLEMENTATION PROVISIONS^[29]

Article 74. Effect

1. This Law takes effect on January 01, 2010.

2. From the effective date of this Law, the provisions of the Construction Law on planning the construction of urban centers and areas within urban centers are replaced with the provisions of this Law.

Article 75. Transitional provisions

Master plans on construction of urban centers already approved before the effective date of this Law are not required to be re-elaborated, re-evaluated and re-approved; the organization of realization, development management and adjustment of such planning comply with this Law.

Article 76. Detailing and guidance of implementation

The Government shall detail and guide the implementation of articles and clauses as assigned in the Law; and guide other necessary contents of this Law to meet state management requirements.-

THE OFFICE OF THE NATIONAL ASSEMBLY	THE CONSOLIDATED TEXT IS AUTHENTICATED BY
No. 11/VBHN-VPQH	Hanoi, July 04, 2019 Chairman of the Office of the National Assembly NGUYEN HANH PHUC