Capital Law, Law No. 25/2012/QH13

THE PRESIDENT

Order No. 27/2012/L-CTN of December 3, 2012, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under December 25, 2001 Resolution No. 51/2001/QH10, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on the Capital,

which was passed on November 21, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 4th session.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Law on the Capital

(No. 25/2012/QH13)

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 the Capital.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the position and role of the Capital, policies and responsibilities for the construction, development, management and protection of the Capital.

Article 2. Position and role of the Capital

1. Hanoi is the Capital of the Socialist Republic of Vietnam.

2. The Capital is the national political-administrative center in which the offices of central agencies of the Party and State as well as of socio-political organizations, diplomatic missions and international organizations are based; and a large cultural, educational, scientific-technological, economic and international transaction center of the whole country.

3. The offices of the Party Central Committee, the National Assembly, the President and the Government are based in Ba Dinh area, Hanoi city.

Article 3. Interpretation of terms

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

1. Inner city is the area embracing urban districts of Hanoi city.

2. Suburban area is the area embracing rural districts and towns of Hanoi city.

3. Metropolitan Area is an integrated area for socio-economic development, embracing Hanoi city and some adjacent provinces and centrally run cities as decided by the Government.

Article 4. Responsibilities for the construction, development and protection of the Capital

1. Construction, development and protection of the Capital are regular and direct tasks of local administrations at all levels and people of Hanoi city and responsibilities of agencies, organizations, armed forces and people in the whole country.

2. The Vietnam Fatherland Front and its member organizations shall mobilize people of all strata at home and overseas Vietnamese to take part in the construction, development and protection of the Capital.

3. The State prioritizes investment in and adopts policies to attract resources for bringing into play the potential and advantages of the Capital and the Metropolitan Area in order to build, develop and protect the Capital.

Article 5. Responsibilities of the Capital

1. To build and develop the Capital to be civilized and modernized and to typify the whole country.

2. To ensure safety and favorable conditions for the operation of central agencies of the Party and State as well as of socio-political organizations, diplomatic missions and international organizations, and for the organization of national and international programs and events in the Capital.

3. To coordinate with and assist provinces and centrally run cities in the Metropolitan Area and the whole country through increasing forms of linkage and cooperation for mutual development.

4. To actively expand cooperation and friendship relations with capitals of other countries and attract external resources for the construction and development of the Capital; to create favorable conditions for agencies, organizations and people of the Capital to take part in international exchange and cooperation in economic, socio-cultural, educational, scientific and technological activities.

Article 6. Symbol of the Capital

The image of Khue Van Cac (the Pavilion of the Literature Constellation) at Van Mieu - Quoc Tu Giam (the Temple of Literature - National Academy) is the symbol of the Capital.

Article 7. “Honorary Citizen of the Capital” title

1. The “Honorary Citizen of the Capital” title will be conferred on foreigners who contribute to the construction and development of the Capital or to the expansion and intensification of friendship solidarity and international cooperation relations of the Capital.

2. The People’s Council of Hanoi city shall define the competence, conditions and procedures for the conferment of the “Honorary Citizen of the Capital” title.

Chapter II

POLICIES FOR THE CONSTRUCTION, DEVELOPMENT AND MANAGEMENT OF THE CAPITAL

Article 8. Master plan on the construction and development of the Capital

1. The construction and development of the Capital must comply with the general plan on the construction of the Capital, the laws on construction and urban planning, and other relevant laws.

The general plan on the construction of the Capital must ensure that the Capital will be built into a cultured, civilized and modernized city on the basis of sustainable development and environmental protection; and ensure maintenance of defense and security and linkage of the Capital’s technical and social infrastructure systems with provinces and centrally run cities in the Metropolitan Area and the whole country.

2. The Prime Minister shall approve the general plan on the construction of the Capital and its adjustments after consulting the National Assembly.

3. The zoning master plan, detailed plan and other master plans for the Capital must comply with the general plan on the construction of the Capital.

4. Sectoral master plans and the national-level master plan on specialized technical infrastructure directly related to the Capital must be commented by the People’s Committee of Hanoi city and must comply with the general plan on the construction of the Capital.

5. The formulation and implementation of master plans must follow the principles of publicity, synchrony, stability and permanence.

Article 9. Measures to secure the implementation of master plans

1. In the inner city, to refrain from expanding the land use area and increassing the number of patient beds of existing hospitals; to build no new industrial parks, industrial production establishments outside industrial parks or complexes, higher education or vocational training institutions.

Higher education institutions and vocational training institutions not headquartered in the inner city may not locate their training centers in the inner city.

The Prime Minister shall decide on measures and roadmap for relocating a number of industrial production establishments out of the inner city; relocating a number of hospitals, higher education institutions and vocational training institutions out of the inner city or building branches of such hospitals and institutions in the suburban area.

2. When formulating a detailed plan on a new traffic route in the Capital, formulating bodies must ensure that such route will only be expanded to each side from the outer edge of the redline landmark of the route in accordance with the law on urban planning.

Collection of comments of local people on the formulation of such detailed plan complies with the law on urban planning. To meet the requirements of the construction and development of the Capital and based on public comments, the People’s Committee of Hanoi city shall submit such plan to the People’s Council of Hanoi city for consideration and decision.

3. When implementing road development projects under the approved plan, competent agencies of Hanoi city shall also recover the strips of land along the projected roads for use under the plan. Land recovery in this case is the same as that in the case of recovery of land areas under the same project.

In case the plan covers the construction of on-spot resettlement houses or the implementation of production and business projects, persons having land recovered will be prioritized for resettlement in such houses or to participate in such projects.

4. The People’s Council of Hanoi city shall decide on new traffic routes provided in Clause 2 of this Article.

The People’s Committee of Hanoi city shall decide on the boundaries, landmarks and area of strips of land along roads to be recovered for road construction as provided in Clause 3 of this Article.

Article 10. Management of urban space, architecture, landscape and construction

1. Urban space, architecture, landscape and construction must be managed under the plan, ensuring the conservation, embellishment and promotion of architectural appearances of cultural and historical values, creating a green space for the Capital and a space for the landscape alongside the Red River.

2. The renovation and embellishment of important roads in the inner city must go simultaneously with the renovation and embellishment of roadside works, assuring the maintenance of typical urban space and architecture.

3. The People’s Committee of Hanoi city shall assume the prime responsibility for, and coordinate with the Ministry of Construction in, elaborating regulations and standards on planning and architecture for urban areas subject to renovation or reconstruction to suit practical conditions in order to make urban plans and designs in Ba Dinh, Hoan Kiem, Dong Da and Hai Ba Trung districts, and submitting them to the Prime Minister for consideration and decision.

The People’s Committee of Hanoi city shall approve separate urban designs in the areas in which the land use functions have been stable to serve the management of urban space, architecture and landscape and the construction licensing.

Article 11. Culture conservation and development

1. The conservation and development of the Capital’s culture must ensure that the Capital can typify the nation’s cultural identities, promote tangible and intangible cultural values of the Capital and the nation, and build an elegant and civilized culture of Hanoian people.

Cultural resources in the Capital must be managed, exploited and used to meet the culture conservation and development requirements of the Capital and the whole country.

2. Resources must be concentrated for the conservation and promotion of cultural values of the following areas, relics and cultural heritages:

a/ Ba Dinh area;

b/ The Presidential Palace historical site, President Ho Chi Minh Mausoleum; Ho Chi Minh Museum; the Imperial Citadel of Thang Long relic; Co Loa Citadel; Van Mieu - Quoc Tu Giam (the Temple of Literature - National Academy); and other special national relics in the Capital;

c/ Hoan Kiem (Sword) Lake and West Lake areas;

d/ Old quarters, ancient villages and typical traditional craft villages;

e/ Old villas and other architectural works built before 1954;

f/ Intangible cultural values in the Capital.

3. The People’s Council of Hanoi city shall promulgate:

a/ Policies to promote investment in and mobilize voluntary contributions from organizations and individuals for the construction of cultural works, parks, flower gardens and entertainment and recreation zones, and the conservation, embellishment and promotion of the values of cultural heritages in the Capital;

b/ A list of old quarters, ancient villages, typical traditional craft villages, old villas, other architectural works built before 1954, and intangible cultural values provided at Points d, e and f, Clause 2 of this Article.

Article 12. Education and training development

1. To universalize and develop preschool education and general education up to national standards; to encourage organizations and individuals to build education institutions in the Capital under planning;

2. The Prime Minister shall approve a master plan on the network of higher education institutions and vocational colleges in the Capital, focusing on training high-quality human resources for the Capital and the whole country.

3. To build a number of high-quality preschool and general education institutions in the Capital up to standards on physical foundations, teachers, teaching programs and methods and educational services. Attendance at high-quality education institutions is voluntary.

4. The People’s Council of Hanoi city shall issue regulations on the financial mechanism applicable to high-quality public education institutions provided in Clause 3 of this Article.

5. The People’s Committee of Hanoi city shall:

a/ Specify standards on physical foundations, teachers, teaching programs and methods and high-quality educational services provided in Clause 3 of this Article;

b/ Add, after consulting the Ministry of Education and Training, advanced teaching programs to preschool and general education programs to be applied to high-quality education institutions provided in Clause 3 of this Article.

Article 13. Scientific and technological development

1. To focus on comprehensive development of social sciences, natural sciences and technologies; to promote potential and intelligence of scientists and technologists; to mobilize the participation and coordination of research institutes, universities and other science and technology organizations; to develop scientific and technological services, research, application, transfer and assignment of advanced technologies, especially high and clean technologies, in the Capital.

2. The People’s Council of Hanoi city may, based on the city’s resources, promulgate policies to employ talented people and preferential policies toward scientific and technological development investors as well as scientists and technologists taking part in implementing key scientific and technological programs of the Capital.

Article 14. Environmental management and protection

1. To manage and protect the Capital’s environment on the principle of sustainable development associated with the maintenance of natural, cultural and historical elements in the Capital, assuring a rational ratio of green space under planning.

2. Acts of leveling, encroaching upon or polluting rivers, springs, lakes, parks, flower gardens or public areas; deforesting or cutting green trees; discharging untreated wastes into the environment; or improperly using public parks or flower gardens in the Capital, are prohibited.

The renovation of polluted, degraded or dried-up rivers, springs or lakes must comply with the regulations on architecture, landscape and environment of the Capital.

3. The Ministry of Natural Resources and Environment shall, at the proposal of the People’s Committee of Hanoi city, promulgate a number of environmental regulations on wastewater, waste gases and noise in the Capital which are more stringent than national environmental regulations.

Article 15. Land management

1. Land in the Capital shall be managed, economically and effectively exploited and used in accordance with the general plan on the construction of the Capital, land use master plan and plans and the land law.

2. Pursuant to laws, to meet practical requirements and ensure harmony in the interests of the State, enterprises and persons subject to land recovery, the People’s Council of Hanoi city shall take measures to ensure on-schedule land recovery and ground clearance for important investment projects in the Capital.

3. The People’s Committee of Hanoi city shall:

a/ Formulate and publish the land use master plan and plans and geographical information system; cadastral information, land use right prices, land lease prices, land use right and right to own houses and other land-attached assets in the Capital;

b/ Allocate land for central agencies and public non-business units for their  relocation under planning. State budget allocations shall be provided for to be-relocated agencies and units as decentralized.

4. Land areas available after the relocation of industrial production establishments, hospitals, higher education institutions and vocational training institutions specified in Clause 1, Article 9 of this Law, and those available after the relocation of agencies and units specified at Point b, Clause 3 of this Article shall be used first of all for the construction and development of public works, social and technical infrastructure works but may not be used for the construction of high-rise condominiums not under planning.

The Prime Minister shall detail this Clause.

Article 16. House development and management

1. The master plan and plans on the development of urban centers and residential areas must comply with the general plan on the construction of the Capital and meet the requirement on building a civilized and modernized Capital; priority will be given to the construction of modern and convenient urban centers and residential areas in the suburban area together with the construction of technical and social infrastructure.

2. Degraded old condominiums and houses shall be renovated or re-built to ensure safety for their users and urban beauty. The renovation and construction must comply with the regulations on the height, population density and construction density under planning.

3. The renovation and restoration of old houses, old villas and other architectural works built before 1954 must ensure the conservation and promotion of their architectural values in accordance with law.

4. Commercial house and new urban center development projects must reserve a larger area of residential land for social houses than that prescribed generally for the whole country.

5. The People’s Council and People’s Committee of Hanoi city shall, within the ambit of their tasks and powers, introduce measures to implement Clauses 2 and 3 of this Article; and stipulate specific ratios of residential land for social houses under commercial house development projects provided in Clause 4 of this Article.

Article 17. Technical infrastructure development

1. Urban technical infrastructure of the Capital shall be built and developed in a complete and modern manner, ensuring long-term orientations and linkage between the Capital and provinces and centrally run cities in the Metropolitan Area and the whole country.

2. The State prioritizes investment in, and adopts policies to mobilize resources for, the construction, development, maintenance and repair of large-sized and important technical infrastructure works in the Capital.

3. The People’s Committee of Hanoi city shall make investment as decentralized; organize investment in the construction of complete systems for water supply and drainage, wastewater treatment, solid waste management and treatment, energy supply, urban lighting and communication, and other technical infrastructure works in the Capital.

Article 18. Transport development and management

1. The transport system in the Capital shall be planned, built and developed in a complete and modern manner, ensuring linkage between the Capital and provinces and centrally run cities in the Metropolitan Area and the whole country to meet socio-economic development and defense and security maintenance requirements. To focus and mobilize resources for investment in the development of the transport infrastructure and mass transit system in the Capital.

2. National highways’ sections running through the Capital shall be assigned to the People’s Committee of Hanoi city for management and maintenance under planning, except expressways and a number of national highways already planned as expressways, national highway 1, Ho Chi Minh road, and the outermost belt road.

Acts of encroaching upon or using sidewalks or roadways in contravention of regulations are prohibited.

3. The People’s Council of Hanoi city shall promulgate regulations on prioritized development of mass transit system; encourage the construction and operation of car terminals and parking lots for cars and other motorized vehicles; and apply high technologies to the management and operation of the transport system.

Article 19. Population management

1. Population in the Capital shall be managed with its size, density and structure under the general plan on the construction of the Capital.

2. The People’s Council of Hanoi city shall promulgate policies to prioritize investment in and mobilize resources for the construction of complete, modern and convenient urban centers and residential areas and technical and social infrastructure systems in the suburban area; coordinate with provinces and centrally run cities in the Metropolitan Area in socio-economic development and job creation with a view to limiting spontaneous migration to the inner city.

3. Registration of permanent residence in the suburban area complies with the residence law.

4. Citizens falling in either of the following cases may register their permanent residence in the inner city:

a/ Those defined in Clauses 2, 3 and 4, Article 20 of the Residence Law;

b/ Citizens not mentioned at Point a of this Clause who have temporarily resided in the inner city for 3 consecutive years or more, have their own houses or rent houses in the inner city from organizations or individuals having house business registration; in case of house lease, the condition on average area prescribed by the People’s Council of Hanoi city must be satisfied and the lessee must obtain the lessor’s written consent to permanent residence registration together with the lessor.

Article 20. Protection of the Capital and assurance of security and social order and safety in the Capital

1. To build defensive zones for protecting the Capital and plans for assuring safety for the Capital in all circumstances; to firmly protect political security and social order and safety in the Capital through effective preventive, preclusive and fighting measures; to detect, prevent and promptly and strictly handle all violations of law.

2. The sanctioning of administrative violations in the inner city complies with the law on handling of administrative violations and the following regulations:

a/ The People’s Council of Hanoi city may impose higher fines which, however, must not exceed twice the maximum fine prescribed by the Government for a number of administrative violations in the fields of culture, land and construction;

b/ Persons who are defined by the Government as competent to impose fines for administrative violations in the fields provided at Point a of this Clause may also impose fines higher than those for corresponding violations in such fields.

Article 21. Financial policies and mechanisms

1. The Capital may raise domestic investment capital through issuing municipal bonds, mobilizing voluntary contributions of organizations and individuals, and raising capital in other forms provided by law.

2. The Capital’s budget expenditure estimates shall be determined on the basis of the budget expenditure allocation rates higher than those for provinces and other centrally run cities for application in every period of between 3 and 5 years.

The Capital may use central budget revenues beyond cost estimates, except for:

a/ Revenues from value-added tax on imports;

b/ The State Bank’s revenue-expenditure differences;

c/ Revenues not assigned to the Capital for management or not arising in the Capital but accounted to be remitted in the Capital.

3. For a number of important and large-sized environmental, transport and irrigation works and projects under the management of Hanoi city which require funds exceeding the Capital’s budget, the Government shall submit to the National Assembly for decision the provision of central budget allocations for the Capital for implementation of each work or project.

4. The People’s Council, the People’s Committee and local administrations at all levels of Hanoi city shall properly and effectively use state budget allocations and other capital sources when implementing programs and projects on the construction and development of the Capital.

Chapter III

RESPONSIBILITIES TO BUILD, DEVELOP AND MANAGE THE CAPITAL

Article 22. Responsibilities of the National Assembly, the National Assembly’s agencies, National Assembly delegations and National Assembly deputies

1. The National Assembly shall decide on specific budget allocations for the Capital as provided in Clauses 2 and 3, Article 21 of this Law; act as the supreme body that oversees and reviews every 3 years the Government’s reports on, the implementation of the Law on the Capital.

The National Assembly Standing Committee, the Nationality Council, the National Assembly’s Committees, National Assembly delegations and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of the Law on the Capital.

2. When necessary, the National Assembly or the National Assembly Standing Committee shall request the People’s Committee of Hanoi city to report on the implementation of the Law on the Capital.

Article 23. Responsibilities of the Government and the Prime Minister

1. The Government shall direct ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to coordinate with the People’s Committee of Hanoi city in implementing the Law on the Capital; prescribe a mechanism for coordination among provinces and centrally run cities in the Metropolitan Area in implementing the Law on the Capital.

2. Annually, the Prime Minister shall work with the People’s Committee of Hanoi city, provinces and centrally run cities in the Metropolitan Area and relevant ministries and sectors in assessing the results of implementation of the Law on the Capital.

Article 24. Responsibilities of ministries and ministerial-level agencies

1. To assume the prime responsibility for, and coordinate with the People’s Committee of Hanoi city in, formulating sectoral development strategies and sectoral master plans and elaborating legal documents with contents related to the construction, development and management of the Capital.

2. To coordinate with the People’s Committee of Hanoi city in implementing investment programs and projects in the Capital to ensure unified management under planning.

Article 25. Responsibilities of agencies, organizations and people of the Capital

1. The People’s Council, the People’s Committee, chairpersons of People’s Committees at all levels of Hanoi city shall, within the ambit of their tasks and powers, implement the Law on the Capital and take responsibility for violations or weaknesses in the construction, development, management and protection of the Capital.

2. The People’s Council of Hanoi city shall, within the ambit of its tasks and powers, oversee the implementation of the Law on the Capital, and regularly examine the People’s Committee of Hanoi city’s reports on the implementation of the Law on the Capital.

3. Within the ambit of its tasks and powers, the People’s Committee of Hanoi city shall:

a/ Coordinate with related agencies and organizations in facilitating the operation of central agencies and important internal and external affairs of the Party and State;

b/ Create conditions for agencies, organizations and individuals to effectively participate in the construction, development and protection of the Capital;

c/ Annually report on the implementation of the Law on the Capital to the Government.

4. The Vietnam Fatherland Front Committees at all levels of Hanoi city shall closely coordinate with local administrations at all levels and mobilize the participation of agencies, organizations and individuals in the Capital in the construction, development and protection of the Capital.

5. Cadres, civil servants and public employees of the Capital shall increasingly study to improve their qualifications and capacity to meet the requirements of their tasks; set good examples in performing their assigned tasks and powers; guide and create conditions for people in strictly complying with law.

6. People of the Capital shall strictly observe law and actively participate in building the Capital and a civilized and elegant lifestyle and maintaining security and social order and safety in the Capital.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 26. Effect

1. This Law takes effect on July 1, 2013.

2. December 28, 2000 Ordinance No. 29/2000/PL-UBTVQH on Hanoi Capital ceases to be effective on the effective date of this Law.

Article 27. Implementation detailing and guidance

The Government and competent agencies shall detail and guide the implementation of articles and clauses as assigned in the Law.

This Law was passed on November 21, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 4th session.-

Chairman of the National Assembly
NGUYEN SINH HUNG