Law on Urban and Rural Planning, No. 47/2024/QH15

LAW

On Urban and Rural Planning^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Urban and Rural Planning.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the system of urban and rural master plans; formulation, appraisal, approval, review, adjustment and management of urban and rural master plans; and state management of urban and rural planning.

Article 2. Interpretation of terms

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

1. Urban center means a place where people inhabit with high density and are mainly engaged in non-agricultural activities; and a political, administrative, economic, cultural or specialized center, which plays a role in promoting the socio-economic development of the country or a territory.

2. New urban center means an urban center expected to be formed in the future according to the orientations determined in the overall master plan on the system of urban and rural master plans, regional master plan, provincial master plan, or general master plan for centrally run cities which is step by step built in a synchronous manner according to law-specified urban classification criteria and standards of administrative units.

3. Rural area means a place that is inhabited by residential communities mainly engaged in agricultural activities.

4. Rural residential area means a concentrated place of residence of households associated with one another in production, daily life and other social activities within a certain area in the countryside which is formed thanks to natural conditions, socio-economic conditions, technical infrastructure conditions and other factors.

5. Functional zone means a place in an urban or rural area which may be an economic zone, tourist area, industrial park, export processing zone, hi-tech park, hi-tech agricultural park, hi-tech forestry zone, information technology park, research and training zone, physical training and sports zone, cultural zone, medical complex, technical infrastructure area or another function-based development area included in a regional master plan or provincial master plan or general master plan in accordance with this Law.

6. Urban and rural planning means the identification and organization of spatial and landscape architecture, organization of the system of technical infrastructure works, social infrastructure works and houses in order to create an appropriate living environment for people in cities, towns, townships, new urban centers, districts, communes and functional zones.

7. Urban and rural space means above-ground, underground and underwater space in urban and rural areas.

8. Urban and rural architecture means a combination of objects in urban and rural areas, including architectural, technical, artistic and advertising works and other works whose existence, image and shape dominate and directly affect the landscape of urban and rural centers.

9. Landscape means a space viewed from different directions, including the space around architectural works, greenery and water surface space, routes, and other shared natural spaces.

10. Planning tasks means requirements on contents of study and organization of the formulation of urban and rural master plans.

11. General planning means the determination of overall development objectives and orientations and long-term development plans; organization of space and system of technical infrastructure works, social infrastructure works and houses for a city, town, township, new urban center, district, commune or functional zone.

12. Zoning planning means the division and determination of land use functions and norms as planned and arrangement of the system of technical infrastructure works, social infrastructure works and houses for an area, and concretization of contents of a general or provincial master plan.

13. Detailed planning means the division and determination of land use norms as planned and requirements on landscape architecture management for each land lot for construction of works, arrangement of technical infrastructure works, social infrastructure works and houses in order to concretize contents of a zoning master plan, general master plan, underground space master plan or specialized technical infrastructure master plan.

14. Specialized technical infrastructure planning means the identification of the technical infrastructure system, including by-route technical infrastructure works and non-route technical infrastructure works.

15. Framework technical infrastructure means a system of main technical infrastructure works of an urban center, rural area or functional zone which are included in contents of a general master planor zoning master plan, including traffic axes, energy transmission lines, water supply and drainage transmission lines, information and telecommunications lines, non-route technical infrastructure works, and hydraulic structures.

16. Focal technical infrastructure area means an area for arranging and building non-route technical infrastructure works.

17. Underground space planning means the determination and organization of underground and underwater spaces for the construction of underground public works formed under independent projects, and underground traffic works, and the determination of the above-ground space for construction of works for the connection of underground works.

18. Techno-economic norms means norms forecasted, determined or selected in a master plan for use as a basis for proposing planning plans and solutions, including population size, labor force, land area, and technical infrastructure, social infrastructure and environmental norms.

19. Planned land use norm means a norm used for management of the development of space and landscape architecture for an area, a street quarter or a land lot as identified in a zoning master plan, detailed master plan or general master plan in case it is not required to formulate a zoning master plan, including construction density, maximum or minimum height or floor for construction of works, land use coefficient, setback of works, and maximum construction depth.

20. Duration of an urban or rural master plan means a period determined to serve as a basis for forecasting, calculating and selecting techno-economic norms for formulating a master plan.

21. Validity duration of an urban or rural master plan means the period counted from the time a master plan is approved to the time it expires or is adjusted in an overall manner or becomes invalidated in accordance with this Law.

22. Urban and rural planning activities include formulation, appraisal, approval, review, adjustment and management of urban and rural master plans.

23. Specialized agencies in charge of urban and rural planning means agencies and units attached to agencies competent to approve urban and rural planning tasks and urban and rural master plans that are assigned to advise on the state management of urban and rural planning.

24. Urban and rural planning database means a collection of electronic data showing basic contents of urban and rural master plans which are arranged and organized to facilitate data access, exploitation, sharing, management and updating through electronic means.

Article 3. System of urban and rural master plans

1. The overall master plan on the system of urban and rural master plans is a national sectoral master plan. The formulation, appraisal, approval, announcement, implementation, evaluation and adjustment of the overall master plan on the system of urban and rural master plans must comply with the planning law.

2. Types of urban and rural master plans:

a/ Urban master plans for centrally run cities, provincial cities, municipal cities, towns, townships and new urban centers;

b/ Rural master plans for districts and communes;

c/ Functional zone master plans, for functional zones;

d/ Underground space master plans for centrally run cities;

dd/ Specialized technical infrastructure master plans for centrally run cities.

3. Urban and rural master plans include general master plans, zoning master plans and detailed master plans.

4. General master plans shall be formulated for cities, towns, townships, new urban centers, districts, communes, and functional zones being economic zones or national tourist areas as determined in regional master plans or provincial master plans or general master plans for centrally run cities.

5. Zoning master plans shall be formulated for:

a/ Areas to meet management and development requirements specified by the Government in special-grade urban centers, grade-I urban centers, grade-II urban centers or new urban centers with the population size forecasted to be equivalent to that of a grade-I or grade-II urban center;

b/ Functional zones other than economic zones or national tourist areas, with land area and management and development requirements specified by the Government; and,

c/ Areas subject to formulation of zoning master plans for organizing bidding to select investors to implement land-using investment projects in accordance with the land law.

6. Detailed master plans shall be formulated for:

a/ Areas with land area and management and development requirements specified by the Government in approved zoning master plans or general master plans which are other than those specified in Clause 5 of this Article; and,

b/ Cottage industry zones; areas identified for auction of land use rights in accordance with the land law; functional zones for rural economic development support services identified and formed under the national target program on building a new-style countryside or other national target programs.

7. For street quarters and routes that meet the following conditions, it is not required to formulate detailed master plans but to make separate urban designs, unless they are subject to formulation of architectural management regulations in accordance with the law on architecture:

a/ Being in urban areas other than those specified in Clause 5 of this Article where the use functions of land lots have basically been stabilized which are planned for conservation and restricted development, and for which zoning master plans or general master plans have been approved;

b/ Not falling into the case specified at Point b, Clause 6 of this Article.

Article 4. Types of urban centers and administrative units

1. Urban centers shall be classified into 6 categories, including special-grade, grade-I, grade-II, grade-III, grade-IV and grade-V urban centers in accordance with the urban classification law.

2. The determination of criteria and classification of urban administrative units and rural administrative units must comply with the law on organization of local administration.

3. Based on the practical socio-economic development in each period, the Government shall propose the National Assembly Standing Committee to promulgate specific regulations on urban classification to ensure green, smart, modern, sustainable, and climate change-adaptive urban development.

Article 5. Cases of formulation of urban and rural master plans related to planning scope and boundaries of administrative units

1. In case administrative boundaries of a city, town, township, district or commune are completely included in the planning scope of an economic zone or a national tourist area, the general master plan for such economic zone or national tourist area must state all development orientations of the city, town, township, district or commune while it is not required to separately formulate a general master plan for such city, town, township, district or commune.

2. In case there is an overlapped area in the administrative boundaries of a city, town, township, district or commune and there is an overlapped area in the planning scope of an economic zone or a national tourist area, the to-be-formulated general master plan for such city, town, township, district, commune, economic zone or national tourist area must meet the requirements on uniformity and consistency of the contents of the relevant master plan for the overlapped area.

3. In case the planning scope of an economic zone or a national tourist area is completely within administrative boundaries of a city or town, the to-be-formulated master plan for such city or town must fully show contents of the general master plan for the economic zone or national tourist area while it is not required to separately formulate a general master plan for the economic zone or national tourist area.

4. In case the planning scope of an economic zone or a national tourist area is completely within administrative boundaries of a district, the general master plan for such economic zone or national tourist area shall be formulated while it is not required to separately formulate a general master plan for the district. The remaining area of the district (if any) shall be included in the general master plan for the concerned commune or township.

5. In case a city as a grade-I urban center or a new urban center with a population size forecasted to be equivalent to that of a grade-I urban center of a centrally run city, the to-be-formulated general master plan for the centrally run city must fully state contents of the general master plan for such grade-I urban center or new urban center with a population size forecasted to be equivalent to that of a grade-I urban center while it is not required to separately formulate the general master plan for the grade-I urban center or new urban center with a population size forecasted to be equivalent to that of a grade-I urban center of a centrally run city.

6. In case a city, town, township, district or commune is planned to have its administrative boundaries adjusted in the provincial master plan or the general master plan for centrally run cities, the general master plan for the city, town, township, district or commune shall be formulated based on to-be-adjusted administrative boundaries.

7. In case a district or commune is planned to become a new urban center, the general master plan for the district or commune is not required to be formulated but the general master plan for the urban center shall be formulated as suitable to the urban administrative unit to be established.

8. In case a district of a centrally run city has more than 50% of its land area planned for urban development under the general master plan for the centrally run city, the general master plan for the district is not required to be formulated but the zoning master plan shall be formulated for such planned area in conformity with the general master plan for the centrally run city. The remaining area of the district shall be included in the general master plan for the commune.

Article 6. Requirements for urban and rural master plans

1. To concretize and conform to national, regional and provincial master plans; to conform to socio-economic development and national defense and security assurance objectives; to ensure consistency with sectoral development master plans; to ensure publicity, transparency and harmony of interests between the State, the people and businesses.

2. To forecast techno-economic targets based on scientific grounds, meeting practical requirements and conforming to the development trend of urban areas, rural areas and functional zones; to comply with technical regulations on urban and rural planning, and ensure rational exploitation and use of natural resources and land; to meet requirements on green, smart, modern, sustainable, and climate change-adaptive development, and prevention of dangers and negative effects on the community.

3. To ensure that the urban development takes into account mass transit orientations, efficiently exploit land areas for the construction of mass transit hubs in combination with development, renovation and embellishment of urban centers.

4. To ensure the synchronization of landscape architectural space and the system of technical infrastructure works, social infrastructure works and underground space; to ensure harmonious development of urban areas, rural areas and functional zones; to ensure close and synchronous connection between to-be-developed areas and existing areas; to preserve and promote local identities; to conserve, protect and promote traditional cultural values and cultural-historical relics, and the value of typical architectural works of each locality.

5. To meet the demand for housing, social housing and the system of social infrastructure works, ensuring the people’s accessibility.

6. To meet the demand for technical infrastructure; to ensure the synchronous and uniform connection between technical infrastructure works in planned areas and those outside planned areas.

7. To ensure the succession of approved master plans; to study and propose appropriate solutions for the existing areas and residential areas that are legal and stable.

8. When formulating or adjusting master plans for urban renovation and embellishment, to assess the legality, land use status quo, technical infrastructure works, social infrastructure works and underground space (if any), socio-cultural and environmental factors, and landscape architectural values of planned areas so as to devise reasonable solutions for economical and efficient exploitation and use of urban land areas, ensuring satisfaction of requirements for the use of technical and social infrastructure, preserving and promoting local identities, architectural space and urban landscape.

9. The validity duration of general urban and rural master plans shall be phased into periods as suitable to the planning period as specified in the Planning Law.

Article 7. Principles of urban and rural planning activities

1. Urban and rural master plans shall be formulated, appraised and approved to ensure the synchronization and consistency between types and levels of master plans in adherence to the following principles:

a/ General master plans may be formulated simultaneously. In case general master plans are subject to approval by different authorities, the general master plan subject to approval by the higher authority shall be approved first. In case general master plans are subject to approval by the same authority, the general master plan formulated and appraised first shall be approved first;

b/ A zoning master plan must concretize a general master plan in terms of development objectives; techno-economic norms; development orientations, spatial organization and functional zones; orientations for development of the system of technical infrastructure works, social infrastructure works and underground space (if any). Contents, requirements and principles for the concretization must be clearly defined in the master plan;

c/ A detailed master plan must concretize a zoning master plan or general master plan in case it is not required to formulate a zoning master plan in terms of development investment objectives and requirements; plans and requirements for spatial organization and landscape architecture; techno-economic norms; functions and norms of planned land use; solutions for planning the system of technical infrastructure works and social infrastructure works. Contents, requirements and principles for the concretization shall be clearly defined in the master plan;

d/ The underground space master plan and specialized technical infrastructure master plan for a centrally run city must be synchronous with each other; and concretize development objectives and planning orientations for underground space and framework technical infrastructure system; be consistent and conformable with orientations of spatial development and landscape architecture in the general master plan for the centrally run city. Contents, requirements and principles for the concretization shall be clearly defined in the master plan.

2. When implementing construction investment programs and plans, managing the implementation of construction investment projects in urban and rural areas, managing space and landscape architecture, or carrying out other activities related to urban and rural master plans, agencies, organizations and individuals shall comply with approved urban and rural master plans and private urban designs; and comply with management regulations under promulgated master plans.

Article 8. Ensuring the conformity of construction investment projects with urban and rural master plans

1. Urban and rural master plans serve as a basis for formulating construction investment projects, ensuring the conformity of construction investment projects with each type and level of urban and rural master plans, and separate urban designs. The Government shall detail this Clause.

2. The determination of master plans aims to ensure the conformity of construction investment projects with master plans in case there is a contradiction between urban master plans and rural master plans which must comply with the following provisions:

a/ When there is a contradiction between urban master plans and rural master plans that are of the same level or subject to approval by the same authority, the agency competent to approve master plans shall decide on the master plan to be implemented. In case the master plans are of the same level but subject to approval by different authorities, the higher-level authority shall decide on the master plan to be implemented. Contents that have been decided by the authority competent to approve master plans for implementation shall be updated and included in dossiers of such master plans;

b/ When there is a contradiction between urban master plans and rural master plans of different levels, the agencies formulating such master plans shall review and report to the authorities competent to approve master plans for adjustment of such master plans according to Chapter III of this Law;

c/ Procedures for reporting and deciding on master plans in the case specified at Point a of this Clause must comply with the Government’s regulations and meet the requirements for urban and rural master plans and the principles of urban and rural planning activities specified in Articles 6 and 7 of this Law.

Article 9. Environmental protection requirements in urban and rural master plans

1. Environmental protection requirements constitute one of contents of urban and rural master plans.

2. Environmental protection requirements in urban and rural master plans include:

a/ Assessment of the current status of the urban and rural environment and functional zones in terms of hydro-meteorological conditions, water and air quality, ecosystems, geology and soil erosion; solid waste, wastewater and noise; exploitation and use of natural resources, and climate change;

b/ Forecast of polluting sources and environmental developments in the process of formulation and implementation of urban and rural master plans;

c/ Suggestion of environmental protection solutions.

Article 10. Funding sources for urban and rural planning activities

1. The State shall allocate funds for urban and rural planning activities in accordance with the law on the state budget.

2. Funding sources for urban and rural planning activities include:

a/ State budget funds reserved for recurrent expenditures;

b/ Funding sources of organizations selected to act as project owners;

c/ Other lawful funding sources.

3. Funding sources for urban and rural planning activities shall be used for:

a/ Carrying out topographic surveys serving the formulation of urban and rural master plans;

b/ Formulating and adjusting, collecting opinions on, appraising and approving urban and rural planning tasks and urban and rural master plans;

c/ Managing operations for the formulation of urban and rural master plans;

d/ Publicizing and disclosing urban and rural master plans;

dd/ Planting markers under urban and rural master plans;

e/ Preparing master plan review reports; organizing bidding; organizing contests to select planning ideas;

g/ Establishing, managing and operating urban and rural planning databases;

h/ Performing other tasks related to urban and rural planning activities.

4. The management of funding sources for urban and rural planning activities must comply with the law on the state budget, the planning law and relevant laws. The Government shall detail this Clause.

5. The Minister of Construction shall promulgate norms and provide methods of estimation and management of expenses for urban and rural planning activities.

Article 11. Resources as support for urban and rural planning activities

1. Resources as support for urban and rural planning activities include:

a/ Monetary donations of domestic and foreign organizations and individuals for urban and rural planning activities which shall be remitted into the state budget and used in accordance with the state budget law;

b/ Outcomes of researches conducted by agencies, organizations and experts which are received by agencies and organizations responsible for formulating urban and rural master plans;

c/ Monetary donations used as prizes for organizations and individuals whose urban and rural planning ideas are selected based on results of the planning idea contests organized by agencies or organizations responsible for formulating master plans;

d/ Resources for organizing conferences, seminars, coaching, research, surveys and training at home and abroad.

2. Principles of the provision and use of resources to support urban and rural planning activities of domestic and foreign organizations and individuals:

a/ Objectivity, publicity, transparency, compliance with objectives and purposes, thrift and efficiency;

b/ Voluntariness, in the common interests of the community and society, not for personal gain;

c/ Domestic and foreign organizations and individuals not providing donations or paying funds directly to planning consultancy organizations.

3. The Government shall specify the receipt, management and use of resources as support for urban and rural planning activities.

Article 12. Responsibilities of state management agencies in charge of urban and rural planning

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

2. The Ministry of Construction shall act as the focal-point agency to assist the Government in performing the unified state management of urban and rural planning.

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

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of urban and rural planning in the localities under their management under regulations.

Article 13. International cooperation on urban and rural planning activities

1. International cooperation on urban and rural planning activities shall be carried out on the basis of ensuring equality, mutual benefit and respect for the independence, sovereignty, territorial integrity and law of each party and international law.

2. Contents of international cooperation in urban and rural planning activities:

a/ Scientific research, technology application and transfer, and exchange of information on urban and rural master plans;

b/ Training, further training, and raising the qualifications of, human resources for urban and rural planning activities;

c/ Conducting surveys and sharing experiences in urban and rural planning activities;

d/ Providing technical assistance in urban and rural planning activities; establishing urban and rural planning databases;

dd/ Providing support in terms of resources for urban and rural planning activities.

Article 14. Prohibited acts in urban and rural planning activities

1. Illegally interfering in urban and rural planning activities.

2. Intentionally disclosing or providing false information or failing to disclose or provide information on urban and rural master plans in accordance with this Law; destroying, forging or falsifying dossiers, papers and documents.

3. Destroying or intentionally falsifying markers of urban and rural master plans.

4. Receiving, managing and using funding sources as support for urban and rural planning activities in contravention of this Law.

Chapter II

FORMULATION, APPRAISAL AND APPROVAL OF URBAN AND RURAL MASTER PLANS

Section 1

BASES, PROCEDURES AND RESPONSIBILITIES FOR ORGANIZING THE FORMULATION OF URBAN AND RURAL MASTER PLANS

Article 15. Bases for formulation of urban and rural master plans

1. Urban and rural master plans shall be formulated on the following bases:

a/ The national fundamental geographic database and the national topographic map system established in accordance with the law on survey and mapping;

b/ Documents and data on natural and socio-economic conditions of relevant localities and sectors;

c/ Results of the implementation of urban and rural master plans in the previous period;

d/ Technical regulations on urban and rural master plans and relevant sectoral technical regulations and standards.

2. Level of master plans shall be formulated on the bases specified in Clause 1 of this Article and according to the following provisions:

a/ General master plans shall be formulated on the basis of socio-economic development and national defense and security assurance strategies, and national, regional and provincial master plans;

b/ Zoning master plans shall be formulated on the basis of general master plans for special-grade urban centers, general master plans for grade-I urban centers, general master plans for grade-II urban centers, general master plans for new urban centers with a population size forecasted to be equivalent to that of a grade-I or grade-II urban center, general master plans for districts, or provincial master plans or regional master plans (if any);

c/ Detailed master plans shall be formulated on the basis of general master plans for grade-III urban centers, general master plans for grade-IV urban centers, general master plans for grade-V urban centers, general master plans for new urban centers with a population size forecasted to be equivalent to that of a grade-III, grade-IV or grade-V urban center, general master plans for districts, or general master plans for communes, or general master plans for economic zones or general master plans for national tourist areas or zoning master plans.

3. Underground space master plans and specialized technical infrastructure master plans shall be formulated on the bases specified in Clause 1 of this Article and on general master plans for centrally run cities or provincial master plans.

Article 16. Procedures for formulation, appraisal and approval of urban and rural planning tasks and urban and rural master plans

1. Procedures for formulation, appraisal and approval of urban and rural planning tasks and urban and rural master plans are as follows:

a/ Selecting consultancy organizations for formulation of planning tasks (if any);

b/ Formulating planning tasks;

c/ Appraising planning tasks;

d/ Approving planning tasks;

dd/ Selecting planning consultancy organizations;

e/ Formulating master plans;

g/ Appraising master plans;

h/ Approving master plans.

2. In case of formulation of detailed master plans for industrial parks, export processing zones, hi-tech parks, hi-tech agricultural parks, hi-tech forestry parks, information technology parks, focal technical infrastructure areas and cottage industry zones in areas for which general master plans or zoning master plans have been approved, it is not required to do with the formulation, appraisal and approval of planning tasks specified at Points a, b, c and d, Clause 1 of this Article.

3. The Government shall provide in detail order and procedures for formulation, appraisal and approval of urban and rural planning tasks and urban and rural master plans.

4. The Minister of Construction shall provide in detail dossiers of urban and rural planning tasks and dossiers of urban and rural master plans.

Article 17. Responsibility for organizing the formulation of urban and rural planning tasks and urban and rural master plans

1. The Ministry of Construction shall organize the formulation of urban and rural planning tasks and urban and rural master plans mentioned below:

a/ General master plans for new urban centers each with the planning scope related to the boundaries of administrative units of 2 or more provinces;

b/ Urban master plans and functional-zone master plans as assigned by the Prime Minister.

2. Agencies and organizations established by the Prime Minister and assigned to manage certain functional zones shall organize the formulation of planning tasks and master plans for such functional zones.

3. Agencies and organizations under provincial-level People’s Committees that are assigned to manage certain functional zones shall organize the formulation of planning tasks and master plans for such functional zones.

4. Except the cases specified in Clauses 1, 2 and 3 of this Article, provincial-level People’s Committees shall organize the formulation of urban and rural planning tasks and urban and rural master plans for areas within boundaries of administrative units under their management with regard to master plans mentioned below:

a/ General master plans for centrally run cities, general master plans for economic zones and general master plans for national tourist areas;

b/ General master plans for new urban centers each with a population size forecasted to be equivalent to that of a grade-I urban center; general master plans for new urban centers each with the planning scope related to boundaries of 2 or more district-level administrative units;

c/ Underground space master plans and specialized technical infrastructure master plans for centrally run cities;

d/ Zoning master plans and detailed master plans for areas each with the planning scope related to boundaries of 2 or more district-level administrative units;

dd/ General master plans, zoning master plans and detailed regional master plans of national importance in terms of politics, culture, history, or security and national defense as determined in national master plans, regional master plans or general master plans for centrally run cities as assigned by the Prime Minister.

5. Except the cases specified in Clauses 2, 3, 4, 7 and 8 of this Article, district-level People’s Committees shall organize the formulation of urban and rural planning tasks and urban and rural master plans for areas within boundaries of administrative units under their management with regard to master plans mentioned below:

a/ General master plans for provincial cities, general master plans for municipal cities, master plans for towns, or general master plans for townships; general master plans for new urban centers each with the planning scope within administrative boundaries of districts; or general master plans for districts;

b/ Zoning master plans and detailed master plans for areas within boundaries of administrative units under their management or with the scope related to the boundaries of 2 or more commune-level administrative units.

6. Except the cases specified in Clauses 5, 7 and 8 of this Article, commune-level People’s Committees shall organize the formulation of planning tasks, general master plans for communes, and detailed master plans for rural residential areas and construction areas within boundaries of administrative units under their management.

7. Agencies and organizations with the construction investment and land management function shall organize the formulation of planning tasks, zoning master plans or detailed regional master plans for auction of land use rights or bidding for selection of investors to implement land-using investment projects when assigned by provincial- or district-level People’s Committees.

8. Investors defined in the law on investment and relevant laws that have been selected to implement investment projects shall organize the formulation of planning tasks, functional-zone master plans and detailed master plans in the areas determined for implementation of investment projects.

9. Agencies organizing the formulation of urban and rural master plans specified in this Article may assign their attached agencies and units to formulate, or select capable consultancy organizations meeting the job requirements specified in Clause 1, Article 18 of this Law to formulate, planning tasks or dossiers for partial adjustment of master plans.

10. As agencies organizing the formulation of master plans, the Ministry of Construction, provincial-level People’s Committees and district-level People’s Committees may assign their attached agencies and units to formulate urban and rural planning tasks and urban and rural master plans in adherence to the principle of ensuring the independence between the formulation from the appraisal of urban and rural planning tasks and urban and rural master plans.

Article 18. Conditions for consultancy organizations and individuals participating in the formulation of urban and rural planning tasks and urban and rural master plans

1. Domestic and foreign consultancy organizations that wish to formulate urban and rural planning tasks and urban and rural master plans must fully satisfy the law-specified capacity conditions. If not registering for operation, a foreign consultancy organization that wishes to formulate urban and rural planning tasks and urban and rural master plans in Vietnam must obtain an operation license from a competent state management agency.

2. Domestic and foreign individuals participating in the formulation of urban and rural planning tasks and urban and rural master plans must fully satisfy the law-specified capacity conditions or those under agreements on mutual recognition with regard to professional capacity and practice between Vietnam and other countries.

3. The Government shall detail this Article.

Article 19. Selection of consultancy organizations for the formulation of urban and rural planning tasks and urban and rural master plans; contests for selection of urban and rural planning ideas

1. The selection of consultancy organizations for the formulation of urban and rural planning tasks and urban and rural master plans with the use of state budget funds must comply with this Law and the bidding law.

2. Agencies and organizations responsible for organizing the formulation of urban and rural master plans shall decide on selection of consultancy organizations for the formulation of urban and rural planning tasks and urban and rural master plans in one of the following forms:

a/ Organizing the selection of consultancy organizations in one of the forms of contractor selection in accordance with the bidding law;

b/ Organizing contests for selection of urban and rural planning ideas in accordance with this Law and the bidding law.

3. Agencies and organizations responsible for organizing the formulation of urban and rural master plans are encouraged to organize contests for selection of planning ideas, for general master plans for urban centers being centrally run cities; general master plans for urban centers serving as administrative, politic and economic centers of provinces; zoning master plans, and detailed master plans for areas identified by provincial-level People’s Committees as important in urban areas.

4. Organization of contests for selection of urban and rural planning ideas means that an agency or organization responsible for organizing the formulation of master plans organizes contests for selection of optimal planning ideas for the formulation of master plans. The organization of contests for selection of planning ideas must comply with the following provisions:

a/ The organization of contests for selection of planning ideas shall be proposed and determined in urban and rural planning tasks approved by competent authorities;

b/ Agencies and organizations responsible for organizing the formulation of master plans shall decide to establish planning idea selection councils;

c/ Contestants are consultancy organizations having the legal person status, meeting the law-specified capacity conditions, and meeting requirements of relevant master plans;

d/ Information about contests, planning idea selection councils and results of contests shall be publicized in the mass media;

dd/ The consultancy organization with its planning idea plan meeting the contest’s requirements shall be selected to provide consultancy services for formulation of urban and rural master plans in the form of contractor appointment in accordance with the bidding law.

5. The Government shall provide in detail the organization of contests and the selection of consultancy organizations for the formulation of urban and rural planning tasks and urban and rural master plans mentioned in this Article.

Article 20. Responsibilities of consultancy organizations for formulation of urban and rural master plans

1. To ensure the progress of the formulation and quality of master plans.

2. To ensure that planning dossiers comply with the regulations on technical contents on the database on urban and rural master plans.

3. To take responsibility for the origin and authenticity of data and documents collected and published in approved urban and rural master plans.

4. To give opinions when so requested by state agencies in the course of implementation of urban and rural master plans they have formulated.

Article 21. Urban and rural planning tasks

1. Urban and rural planning tasks include the following principal contents:

a/ Identification of reasons and necessity for formulation of a master plan; bases for formulation of the master plan; orientations and requirements of the master plan of the system of national master plans, and higher-level urban and rural master plans for the planned area;

b/ Scope and boundaries for formulation of the master plan; duration of the master plan; development viewpoints and objectives;

c/ Requirements on contents of the master plan; planning dossiers; estimated costs and capital sources for the formulation, appraisal, approval and announcement of the master plan;

d/ Schedule of formulation of the master plan; requirements on contents, forms and subjects to be consulted on the master plan; and responsibilities of related agencies in organizing the formulation of the master plan.

2. When necessary to formulate general master plans for communes of districts under Point c, Clause 1, Article 29 of this Law, district-level People’s Committees shall submit such to provincial-level People’s Committees for decision in the task of formulating general master plans for districts.

Section 2

FORMULATION OF URBAN MASTER PLANS

Article 22. General master plans for centrally run cities

1. The general master plan for a centrally run city must have the following principal contents:

a/ Determining the requirements and contents according to the approved relevant national, regional and provincial master plans;

b/ Assessing natural conditions and current status of socio-economic conditions, population, labor and land use; current status of the construction of technical infrastructure, social infrastructure, housing and the environment;

c/ Identifying development viewpoints, objectives, nature and premise; forecasting and determination of techno-economic norms of the master plan in development periods;

d/ Determining the model, spatial structure, boundary scope and development orientations for urban and rural areas in conformity with orientations for arrangement of administrative units in the provincial master plan; orientations for the system of urban centers; urban designs and requirements for areas in need of conservation and promotion of traditional values;

dd/ Identifying areas based on management and development requirements; and urban landscape architecture orientations; determining the scale of land use planned for different functions in each period, including the demand for land for housing and social housing development; and areas of national importance in terms of politics, culture, history, security and national defense (if any);

e/ Orientations for underground space master plans and framework technical infrastructure systems; environmental protection requirements;

g/ Determining the stages of implementation of the master plan in conformity with the period of the relevant national, regional and provincial master plans.

2. Drawings showing contents of a general master plan for a centrally run city shall be made on the scale of 1:25,000 or 1:10,000, for contents on the current status, orientations for spatial development, land use, technical infrastructure and social infrastructure, and orientations for spatial development and development of technical infrastructure in urban areas under the Minister of Construction’s regulations. Drawings showing other contents shall be made on scales specified by the Minister of Construction.

3. The duration of general master plans for centrally run cities is between 20 years and 25 years, with a vision of up to 50 years.

Article 23. General master plans for provincial cities, municipal cities and towns and general master plans for new urban centers expected to become towns, provincial cities or municipal cities

1. The general master plan for a provincial city, municipal city, town or new urban center expected to become a town, provincial city or municipal city must have the following principal contents:

a/ Determining the requirements and contents based on the relevant approved national, regional and provincial master plans or general master plans for centrally run cities;

b/ Assessing natural conditions and current status of socio-economic conditions, population, labor and land use; current status of the construction of technical infrastructure, social infrastructure, housing and environment;

c/ Determining development viewpoints, objectives, nature and premise; forecasting and determining techno-economic norms of the master plan for development stages;

d/ Determining structure, scope of boundaries and orientations for development of urban and rural spaces; orientations for the urban center system; urban designs and requirements for areas in need of conservation and promotion of traditional values;

dd/ Identifying areas based on management and development requirements; orientations for urban landscape architecture; determining the scale of land use planned for different functions in each period, including the demand for land for housing and social housing development;

e/ Orientations for underground space planning for urban centers of grade III or higher grade and framework technical infrastructure systems; environmental protection requirements;

g/ Determining the plan for implementation of the master plan in the development stages in conformity with the period of the relevant provincial master plan.

2. A general master plan for a new urban center expected to become a city or town must analyze and clarify the bases for the formation and development of the urban center in terms of scale and boundary scope in conformity with orientations for arrangement of administrative units in the relevant provincial master plan, ensuring compliance with regulations on urban classification criteria and standards of the corresponding urban administrative units; and propose an urban development management model.

3. Drawings showing contents of general master plans for provincial cities, municipal cities, towns and new urban centers expected to become provincial cities, municipal cities or towns shall be made on the scale of 1:10,000 or 1:5,000, for contents on status and orientations for spatial development, land use, technical infrastructure and social infrastructure under the Minister of Construction’s regulations. Drawings showing other contents shall be made on scales specified by the Minister of Construction.

4. The duration of general master plans for provincial cities, municipal cities, towns and new urban centers expected to become provincial cities, municipal cities or towns is between 20 years and 25 years.

Article 24. General master plans for townships, general master plans for new urban areas expected to become townships

1. The general master plan for a township or the general master plan for a new urban area expected to become a township must have the following principal contents:

a/ Determining the requirements and contents according to the relevant approved national, regional and provincial master plans and general master plans for districts;

b/ Assessing natural conditions and current status of socio-economic conditions, population, labor and land use; current status of the construction of technical infrastructure, social infrastructure, housing and the environment;

c/ Determining development viewpoints, objectives, nature and premise; 
forecasting and determining techno-economic norms of the master plan for development stages;

d/ Determining the scale of land use planned for different functions in each period; spatial organization, urban designs and requirements for areas in need of conservation and promotion of traditional values;

dd/ Orientations for the system of technical infrastructure works and the system of social infrastructure works; identifying areas based on management and development requirements; orientations for urban landscape architecture; environmental protection requirements;

e/ Determining the plan for implementation of the master plan for development stages in conformity with the period of the relevant provincial master plan.

2. A general master plan for a new urban center expected to become a township must analyze and clarify bases for the formation and development of the urban center in terms of scale and boundary scope in conformity with orientations for arrangement of administrative units in the relevant provincial master plan, ensuring compliance with regulations on urban classification criteria and standards of administrative units being townships; and propose an urban development management model.

3. Drawings showing contents of general master plans for townships or new urban centers expected to become townships shall be made on the scale of 1:5,000, for contents on current status, orientations for spatial development, land use, technical infrastructure and social infrastructure. Drawings showing other contents shall be made on scales specified by the Minister of Construction.

4. The duration of general master plans for townships or new urban centers expected to become townships is between 20 years and 25 years.

Article 25. Urban zoning master plans

1. An urban zoning master plan must have the following principal contents:

a/ Determining techno-economic norms for the scope of planning;

b/ Determining the principles and solutions for spatial organization and landscape architecture for the whole planned area;

c/ Determining population, land use and technical infrastructure norms for each street quarter based on grades of region-dividing roads;

d/ Arranging technical infrastructure works, social infrastructure works, houses and social houses (if any) based on use demands; arranging underground space (if any) to street axes in conformity with the development stages of the whole planned area;

dd/ Environmental protection solutions.

2. Drawings showing contents of urban zoning master plans shall be made on the scale of 1:5,000 or 1:2,000.

3. The duration of zoning master plans shall be determined on the basis of the duration of general master plans and management and development requirements.

4. The time limit for completing the formulation and approval of zoning master plans must comply with the Government’s regulations.

Article 26. Urban detailed master plans

1. An urban detailed master plan must have the following principal contents:

a/ Determining techno-economic norms for the scope of planning;

b/ Spatial organization, landscape architecture, urban design and regulations on works in need of conservation;

c/ Arranging technical infrastructure works, social infrastructure works, houses and social houses (if any);

d/ Arranging underground public works and underground traffic works (if any);

dd/ Specifying functions and planned land use norms for each land lot;

e/ Environmental protection solutions.

2. When formulating a detailed master plan for a new route in an urban center, it is required to clearly define the minimum scope of planning for each side measured from the outside the redline boundary of the route, meeting management and development requirements and ensuring conformity with current conditions, landscape architecture and urban spatial organization.

3. Drawings showing contents of urban detailed master plans shall be made on the scale of 1:500.

4. The duration of detailed master plans shall be determined on the basis of the duration of zoning master plans or general master plans in case no zoning master plan is formulated, and on management and development requirements.

5. In case a construction investment project has been terminated by a competent agency in accordance with relevant laws, the detailed master plan for such project will become invalidated.

Article 27. Urban designs

1. Urban design is a content of an urban master plan. For the case specified in Clause 7, Article 3 of this Law, a separate urban design shall be formulated.

2. The urban design in a master plan shall be expressed in conformity with the grade of the master plan, specifically as follows:

a/ Urban design contents in an urban general master plan include identification of architectural and landscape areas in the urban center; proposed organization of spaces in central areas, urban gateway areas, main spatial axes, large squares, parks, greeneries, water surface and highlights in the urban center;

b/ Urban design contents in an urban zoning master plan include identification of control norms on setback and urban landscapes along main roads and central areas; open space areas, highlight works and each street quarter for the design area, parks, greeneries and water surface;

c/ Urban design contents in an urban detailed master plan include identification of highlight high-rise works for the construction of works for each land lot and for the whole area; setback of works on each street and intersection; parks, greeneries, water surface and open space.

3. Separate urban designs:

a/ The formulation, appraisal, approval, review and adjustment of separate urban designs must comply with regulations applicable to urban detailed master plans;

b/ Contents of a separate urban design, including the determination of the scope of designing; principles for determining the construction height for each work; setback of works on each street and intersection; principles for determining colors and materials of works and other architectural objects; organization of greeneries for public use, parks and water surface; regulations on management according to the separate urban design;

c/ Drawings showing contents of separate urban designs shall be made on the scale of 1:500.

4. The Minister of Construction shall provide in detail contents and dossiers of separate urban designs.

Section 3

FORMULATION OF RURAL MASTER PLANS

Article 28. General master plans for districts

1. A general master plan for a district must have the following principal contents:

a/ Determining the contents according to the approved provincial master plan or general master plan for centrally run cities;

b/ Assessing natural conditions and current status of socio-economic conditions, population, labor and land use; current status of construction of technical infrastructure, social infrastructure, housing and environment;

c/ Determining development objectives and motivations; forecasting and determining techno-economic norms of the master plan for development stages;

d/ Orientations for spatial development of urbanized areas, areas for agricultural and industrial production and cottage industry, craft villages and services of districts, communes and areas to meet management and development requirements; landscape architecture orientations;

dd/ Determining the network of urban centers and rural residential areas to communes; and the system of district-level and inter-commune centers;

e/ Orientations for the system of framework technical infrastructure and underground space (if any); and environmental protection requirements.

2. Drawings showing contents of general master plans for districts shall be made on the scale of between 1:25,000 and 1:5,000 in conformity with the scale of district-level land use master plan maps in accordance with the land law.

3. The duration of general master plans for districts is between 20 years and 25 years.

Article 29. General master plans for communes

1. It is not required to formulate general master plans for communes, except the following special cases:

a/ A commune located in the remaining area of a district, in the case specified in Clause 4, Article 5 of this Law;

b/ A commune located in the remaining area of a district, in the case specified in Clause 8, Article 5 of this Law;

c/ A commune with particularities in terms of population distribution, area, natural conditions, landscape, requirements for socio-economic development, national defense, security and culture, for which it is especially necessary to formulate a separate general master plan for the commune as decided by the provincial-level People’s Committee in the task of formulating the general master plans for districts.

2. A general master plan for a commune must have the following principal contents:

a/ Determining requirements and contents based on the approved provincial master plan or general master plan for centrally run cities or general master plan for districts (if any);

b/ Assessing natural, social and natural resource conditions; and current status of the construction of technical infrastructure, social infrastructure, housing and the environment; identifying development potential and motivations;

c/ Forecasting and determining techno-economic norms and land use norms under the master plan, and network of rural residential areas;

d/ Orientations for overall space organization and landscape architecture;

dd/ Orientations for development of the system of commune centers, rural residential areas, areas in need of conservation, functional areas of agricultural production, industry, cottage industry, craft villages, services and the system of technical infrastructure works; environmental protection requirements.

3. Drawings showing contents of general master plans for communes shall be made on the scale of 1:10,000 or 1:5,000 as specified by the Minister of Construction.

4. The duration of general master plans for communes is between 10 years and 20 years.

Article 30. Detailed master plans for construction areas determined in general master plans for districts or general master plans for communes

1. A detailed master plan for construction areas determined in a general master plan for districts or general master plan for communes must have the following principal contents:

a/ Determining the location, functions, area and scale of work construction;

b/ Determining techno-economic norms for the planning scope; requirements on spatial layout and landscape architecture for areas for construction of housing works, working offices of administrative agencies, and educational, health, cultural, physical training and sports, trade and service works (if any);

c/ Identifying works in need of conservation and promotion of traditional values (if any);

d/ Planning of technical infrastructure and infrastructure serving production;

dd/ Environmental protection solutions.

2. Drawings showing contents of detailed master plans for construction areas in districts and communes shall be made on the scale of 1:500.

3. The duration of detailed master plans shall be determined on the basis of the duration of general master plans and management and development requirements.

4. In case a construction investment project has been terminated by a competent agency in accordance with relevant laws, the detailed master plan for such project will become invalidated.

Section 4

FORMULATION OF FUNCTIONAL-ZONE MASTER PLANS

Article 31. General master plans for economic zones and national tourist areas

1. A general master plan for an economic zone or a national tourist area must have the following principal contents:

a/ Determining requirements and contents based on the relevant approved national, regional or provincial master plans or general master plans for centrally run cities;

b/ Assessing natural conditions and current status of socio-economic conditions, population, labor and land use; current status of the construction of technical infrastructure, social infrastructure, housing and the environment;

c/ Determining development objectives and motivations; forecasting and determining techno-economic norms for development stages;

d/ Orientations for development of landscape architectural space in areas in functional zones; requirements for areas in need of conservation and promotion of traditional values (if any);

dd/ Orientations for development of urban areas and rural residential areas;

e/ Identifying the central system; framework technical infrastructure and underground space (if any); environmental protection requirements;

g/ Determining the scale of land use planned for different functions; planned land use norms for each street quarter according to grades of region-dividing roads;

h/ Determining the plan for implementation of the master plan for development stages.

2. Drawings showing contents of general master plans for economic zones and national tourist areas shall be made on the scale of 1:10,000 or 1:5,000 as specified by the Minister of Construction.

3. The duration of general master plans for economic zones and national tourist areas is between 20 years and 25 years.

Article 32. Functional-zone master plans

1. A functional-zone master plan must have the following principal contents:

a/ Determining techno-economic norms; principles and solutions for spatial organization and landscape architecture; requirements for the conservation and promotion of traditional values (if any) for the whole planned area;

b/ Determining functions and norms concerning population and land use planned for each land plot in the planned area;

c/ Arranging the system of social infrastructure works to meet use demands;

d/ Arranging technical infrastructure works; arranging underground space (if any) to main roads in the area as suitable to the stages of development and construction of the functional zone;

dd/ Environmental protection solutions.

2. Drawings showing contents of master plans for functional zones shall be made on the scale of 1:2,000.

3. The duration of functional-zone master plans shall be determined on the basis of the duration of general master plans for urban centers or general master plans for districts and management and development requirements.

Article 33. Detailed functional-zone master plans

1. A detailed functional-zone master plan must have the following principal contents:

a/ Determining techno-economic norms and functions and land use norms for each land lot;

b/ Principles for spatial organization, landscape architecture, conservation requirements (if any) for the planned area;

c/ Arranging technical infrastructure works, social infrastructure works, houses and social houses (if any) to meet use demands; urban design requirements;

d/ Arranging underground public works and underground traffic works (if any);

dd/ Environmental protection solutions.

2. Drawings showing contents of detailed functional-zone master plans shall be made on the scale of 1:500.

3. The duration of detailed functional-zone master plans shall be determined on the basis of the duration of general master plans or zoning master plans and management and development requirements.

4. In case a construction investment project has been terminated by a competent agency in accordance with relevant laws, the detailed master plan for such project will become invalidated.

Section 5

FORMULATION OF UNDERGROUND-SPACE MASTER PLANS AND SPECIALIZED TECHNICAL-INFRASTRUCTURE MASTER PLANS FOR CENTRALLY RUN CITIES

Article 34. Underground-space master plans for centrally run cities

1. An underground-space master plan must have the following principal contents:

a/ Determining requirements and contents based on the approved general master plan for centrally run cities;

b/ Assessing natural conditions, engineering geology and hydrogeology;

c/ Assessing the current status of the construction of above-ground and underground works;

d/ Determining the demand for underground space development and use;

dd/ Identifying areas for exploitation and use of underground space, restricted areas and areas where the construction of underground works is prohibited;

e/ Identifying areas for construction of underground public works to be formed under independent projects; underground traffic works; areas for construction of above-ground works for spatial connection serving the connection of underground works; environmental protection requirements;

g/ Determining stages for implementation of the master plan.

2. Drawings showing contents of underground-space master plans shall be made on the scale of 1:10,000 or 1:5,000 as specified by the Minister of Construction.

3. The duration of underground-space master plans shall be determined on the basis of duration of general master plans for centrally run cities.

Article 35. Specialized technical-infrastructure master plans for centrally run cities

1. Specialized technical-infrastructure master plans shall be formulated separately for the following specialties: traffic; water supply; ground elevation and water drainage; and management of solid wastes and cemeteries. The scope of boundaries of a specialized technical infrastructure master plan covers all administrative boundaries of the concerned centrally run city, taking into account the requirements for and connectivity with relevant infrastructure, above-ground, underground and underwater space and relevant areas outside the city.

2. A specialized technical-infrastructure master plan must have the following principal contents:

a/ Determining requirements and contents based on the approved general master plan for centrally run cities;

b/ Assessing natural conditions and current status of construction and development of the system of technical infrastructure works;

c/ Determining planning objectives and use demands; forecasting and determining techno-economic norms and land use demand for construction of technical infrastructure;

d/ Determining the location, capacity, route orientations and scope of service of technical infrastructure works; environmental protection requirements;

dd/ Determining stages of implementation of the master plan.

3. Drawings showing contents of specialized technical-infrastructure master plans shall be made on the scale of 1:10,000 or 1:5,000 as specified by the Minister of Construction.

4. The duration of specialized technical-infrastructure master plans shall be determined on the basis of duration of general master plans for centrally run cities.

Section 6

COLLECTION OF OPINIONS ON URBAN AND RURAL PLANNING TASKS AND URBAN AND RURAL MASTER PLANS

Article 36. Collection of opinions on urban and rural planning tasks

1. Responsibility for collecting opinions:

a/ Agencies and organizations responsible for formulating urban and rural planning tasks shall collect opinions in the process of formulation of planning tasks. For urban and rural planning tasks falling under the responsibility of the Ministry of Construction, provincial-level People’s Committees shall organize the collection of opinions;

b/ Agencies appraising urban and rural planning tasks shall collect opinions in the process of appraisal of planning tasks.

2. To-be-consulted subjects include related state management agencies.

3. Contents of to-be-collected opinions include contents of urban and rural planning tasks; for contents classified as state secrets, opinion collection must comply with the law on protection of state secrets.

4. The consultation with related state management agencies on urban and rural planning tasks shall be carried out in the form of sending dossiers of request to consulted subjects for them to study and give written opinions. A consulted agency shall give its written opinions within 7 working days after receiving a complete dossier specified by law.

5. Agencies and organizations responsible for formulating urban and rural planning tasks shall summarize, make replies, give commentaries about replies, and complete dossiers of planning tasks before submitting them for appraisal and approval. Contents of reports on making of replies and giving of commentaries about replies must be publicized and comply with regulations on democracy, publicity and transparency.

Article 37. Collection of opinions on urban and rural master plans

1. Responsibility to collect opinions:

a/ Agencies and organizations responsible for formulating urban and rural master plans shall collect opinions in the process of formulation of master plans. For urban and rural master plans falling under the responsibility of the Ministry of Construction, provincial-level People’s Committees shall organize the collection of opinions;

b/ Agencies appraising urban and rural master plans shall collect opinions in the process of appraisal of master plans.

2. Subjects to be consulted on urban and rural master plans:

a/ Urban and rural master plans shall be put for consultation with related state management agencies, organizations, experts and residential communities;

b/ For the general master plan for a provincial city or town with a population size forecasted to be equivalent to that a grade-II or grade-III urban center, or for a general master plan for a new urban center with a population size forecasted to be equivalent to that of a grade-II or grade-III urban center, and for an underground-space master plan or a specialized technical-infrastructure master plan for a centrally run city, the provincial-level People’s Committee shall collect written opinions of the Ministry of Construction before the Appraisal Council’s meeting is held;

c/ For master plans subject to approval by district-level People’s Committees, district-level People’s Committees shall collect written opinions of specialized agencies in charge of urban and rural planning attached to provincial-level People’s Committees before the Appraisal Council’s meeting is held.

3. To-be-collected contents include contents of urban and rural master plans; for contents classified as state secrets, opinion collection must comply with the law on protection of state secrets.

4. For the case specified at Point b, Clause 2 of this Article, the Ministry of Construction shall give its opinions on the assurance of conformity with the requirements on development and connection of regional and provincial technical infrastructure and the compliance with applicable technical regulations and standards concerning contents of master plans.

5. For the case specified at Point c, Clause 2 of this Article, specialized agencies in charge of urban and rural planning attached to provincial-level People’s Committees shall give their opinions on assurance of conformity with requirements on development and connection of provincial technical infrastructure and compliance with applicable regulations and standards concerning contents of master plans.

6. The consultation with related state management agencies, organizations and experts about master plans shall be carried out in the form of sending dossiers of request to the to-be-consulted subjects for them to study and give written opinions. A consulted agency, organization or expert shall give written opinions within 15 days after receiving a complete dossier as specified by law.

7. The consultation with residential communities about master plans must comply with the following provisions:

a/ The consultation takes one, several or all of the following forms: sending dossiers and documents to collect the people’s written opinions; posting and displaying master plans in public places to receive the people’s opinions; and other forms in accordance with the law on implementation of grassroots democracy;

b/ The duration for consultation is between 20 days and 30 days from the date of publicization of the contents put for consultation. In case opinions of residential communities have been fully received before the duration for consultation expires, the agencies and organizations responsible for organizing the formulation of urban and rural master plans may take next steps;

c/ The order and procedures for consulting residential communities must comply with the provisions on the people’s contribution of opinions of the law on implementation of grassroots democracy.

8. Agencies and organizations responsible for organizing the formulation of urban and rural master plans shall summarize, make replies, give commentaries about replies, and complete dossiers of master plans before submitting them for appraisal and approval. Contents of reports on making of replies and giving of commentaries about replies shall be publicly and transparently announced.

Section 7

APPRAISAL AND APPROVAL OF URBAN AND RURAL PLANNING TASKS AND URBAN AND RURAL MASTER PLANS

Article 38. Agencies appraising urban and rural planning tasks and urban and rural master plans

1. The Ministry of Construction shall appraise urban and rural planning tasks and urban and rural master plans subject to the Prime Minister’s approval.

2. Specialized agencies in charge of urban and rural planning attached to provincial-level People’s Committees shall appraise urban and rural planning tasks and urban and rural master plans subject to approval by provincial-level People’s Committees.

3. Specialized urban and rural planning agencies attached to district-level People’s Committees shall appraise urban and rural planning tasks and urban and rural master plans subject to approval by district-level People’s Committees.

4. Specialized agencies of functional zone management agencies and organizations competent to approve urban and rural planning tasks and urban and rural tasks shall appraise urban and rural planning tasks and urban and rural master plans subject to their approval.

Article 39. Appraisal Councils for urban and rural planning tasks and urban and rural master plans

1. The establishment of Appraisal Councils is as follows:

a/ The Ministry of Construction shall decide on the establishment of the Appraisal Council for urban and rural planning tasks and urban and rural master plans subject to the Prime Minister’s approval;

b/ People’s Committees competent to approve urban and rural planning tasks and urban and rural master plans shall decide on the establishment of Appraisal Councils for urban and rural planning tasks and urban and rural master plans subject to their approval. Chairpersons or vice chairpersons of provincial- or district-level People’s Committees or authorized persons shall act as chairpersons of Appraisal Councils;

c/ Functional zone management agencies and organizations competent to approve urban and rural planning tasks and urban and rural master plans shall decide on the establishment of Appraisal Councils for urban and rural planning tasks and urban and rural master plans subject to their approval. Heads of such agencies shall act as chairpersons of Appraisal Councils.

2. An Appraisal Council shall be composed of representatives of state management agencies, socio-professional organizations and experts in relevant fields and criticism experts.

3. Appraisal Councils shall work under the collective regime and be responsible for appraising urban and rural planning tasks and urban and rural master plans as assigned by appraisal agencies.

4. Responsibilities of the chairperson and members of an Appraisal Council:

a/ The chairperson of the Appraisal Council shall administer meetings of the Appraisal Council, make conclusions based on majority of written opinions presented at the meetings;

b/ Members of the Appraisal Council shall study dossiers, give opinions on urban and rural planning tasks and urban and rural master plans, attend, evaluate and take responsibility for evaluation results with respect to contents of urban and rural planning tasks and urban and rural master plans at meetings of the Appraisal Council.

Article 40. Appraisal of urban and rural planning tasks and urban and rural master plans

1. Contents of appraisal of urban and rural planning tasks include:

a/ Adequacy and reasonability of contents of urban and rural planning tasks specified in Article 21 of this Law;

b/ Conformity of urban and rural planning tasks with national, regional or provincial master plans or general master plans or zoning master plans.

2. Contents of appraisal of an urban and rural master plan:

a/ Compliance with the order and procedures for formulation of urban and rural master plans specified in this Law;

b/ Satisfaction of the conditions for consultancy organizations for formulation of urban and rural master plans specified in Article 18 of this Law;

c/ Bases for formulation of urban and rural master plans specified in Article 15 of this Law;

d/ Conformity with planning tasks, and applicable regulations and standards;

dd/ Satisfaction of principles and requirements on urban and rural master plans as specified in Articles 6 and 7 of this Law and requirements on contents for each type of urban and rural master plans.

3. The appraisal agencies’ reports on appraisal of urban and rural planning tasks and urban and rural master plans must show appraising agencies’ opinions on the appraisal of urban and rural planning tasks and urban and rural master plans specified in Clauses 1 and 2 of this Article and conclusions on conditions for submission for approval. Reports on appraisal of master plans shall be submitted to agencies with approval competence for consideration in order to decide on the approval of urban and rural planning tasks and urban and rural master plans.

4. The time limit for appraisal is 15 days, for planning tasks, or 30 days, for master plans, from the date the appraising agency receives a complete dossier as specified by law.

5. The Minister of Construction shall issue forms of appraisal request, appraisal result report, approval request, and decision on approval of urban and rural planning tasks and urban and rural master plans for different types and grades of master plans.

Article 41. Competence to approve urban and rural planning tasks and urban and rural master plans

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

a/ General master plans for centrally run cities, general master plans for provincial cities being grade-I urban centers, general master plans for new urban centers in provinces or centrally run cities each having a population size forecasted to be equivalent to that of a grade-I urban center, and master plans for new urban centers with the planning scope related to boundaries of administrative units of 2 or more provinces;

b/ General master plans for economic zones and general master plans for national tourist areas; master plans for cities and towns, for the cases specified in Clause 3, Article 5 of this Law;

c/ General master plans, zoning master plans and detailed master plans for areas of national importance in terms of politics, culture, history, security and national defense determined in national master plans, regional master plans or general master plans for centrally run cities;

d/ Urban and rural master plans the formulation of which is organized by the Ministry of Construction under Clause 1, Article 17 of this Law;

dd/ Detailed master plans for national defense and security projects requiring protection of state secrets.

2. Provincial-level People’s Committees shall approve urban and rural planning tasks and urban and rural master plans for areas within boundaries of administrative units under their management in the following cases:

a/ Underground-space master plans, and specialized technical-infrastructure master plans for centrally run cities;

b/ General master plans for cities, towns, townships and new urban centers, and general master plans for districts, except the master plans specified at Points a and b, Clause 1 of this Article;

c/ Master plans for areas in special-grade urban centers, grade-I urban centers or new urban centers with the population size equivalent to that of a grade-I urban center; zoning master plans, detailed functional-zone master plans with the planning scope related to the boundaries of 2 or more district-level administrative units, except the master plans specified at Points c, d and dd, Clause 1, and Clause 4, of this Article.

3. District-level People’s Committees shall approve the tasks of master plans and general master plans for communes, zoning master plans, and detailed master plans for areas within the boundaries of administrative units under their management, except the master plans specified in Clauses 1, 2 and 4 of this Article.

4. Agencies and organizations established by the Prime Minister and assigned to manage functional zones, and agencies and organizations attached to provincial-level People’s Committees and assigned to manage functional zones are competent to approve planning tasks, zoning master plans, and detailed functional-zone master plans.

Before approving zoning master plans and detailed functional-zone master plans, it is required to obtain the written consent of specialized agencies in charge of urban and rural planning under provincial-level People’s Committees on ensuring conformity of the master plans with provincial technical infrastructure connection requirements and compliance with applicable technical regulations and standards in contents of the master plans.

Article 42. Forms and contents of approval of urban and rural planning tasks and urban and rural master plans

1. Urban and rural planning tasks and urban and rural master plans shall be approved under decisions of competent agencies and organizations specified in Article 41 of this Law.

2. Decisions approving urban and rural planning tasks and urban and rural master plans must have the principal contents specified in Article 21; Clause 1, Article 22; Clause 1, Article 23; Clause 1, Article 24; Clause 1, Article 25; Clause 1, Article 26; Clause 1, Article 28; Clause 2, Article 29; Clause 1, Article 30; Clause 1, Article 31; Clause 1, Article 32; Clause 1, Article 33; Clause 1, Article 34; and Clause 2, Article 35, of this Law, and approved planning dossiers enclosed therewith.

3. Dossiers of urban and rural master plans must bear the seal of appraising agencies.

Chapter III

REVIEW AND ADJUSTMENT OF URBAN AND RURAL MASTER PLANS

Article 43. Review of urban and rural master plans

1. Urban and rural master plans shall be reviewed and evaluated regarding their implementation on a periodic basis or when there appears a need for adjustment of urban and rural master plans based on the conditions specified in Clauses 1 thru 7, Article 45 of this Law.

2. The time for periodic review of urban and rural master plans is 5 years after such master plans are approved.

3. People’s Committees at all levels, and agencies and organizations competent to approve functional zone master plans specified in Clause 4, Article 41 of this Law shall review, and summarize review results for, approved urban and rural master plans within boundaries of administrative units under their management.

4. Results of the review of urban and rural master plans shall be reported to agencies and organizations competent to approve such urban and rural master plans.

Article 44. Contents of reports on results of the review of urban and rural master plans

1. A report on results of the periodic review of urban and rural master plans must have the following principal contents:

a/ Progress of the formulation of relevant urban and rural master plans;

b/ Implementation of construction investment projects under approved urban and rural master plans;

c/ Assessment of the implementation of the master plans’ objectives, impacts and effectiveness of the implementation under approved master plans;

d/ Assessment of compliance with techno-economic norms and planned land use norms determined in approved urban and rural master plans;

dd/ Analysis and assessment of impacts of new factors in the process of implementation of urban and rural master plans and socio-economic development in the planned area;

e/ Recommendations and proposals.

2. A report on results of the review of urban and rural master plans when there appears a need for adjustment of urban and rural master plans must have the following principal contents:

a/ Determining the contents, analyzing and assessing the impacts of new factors on the contents of the approved urban and rural master plans;

b/ Assessing techno-economic norms and planned land use norms, and implementation of approved and implemented investment projects;

c/ Making recommendations and proposals on the extent and contents in need of overall adjustment or partial adjustment.

3. Reports on results of the review of urban and rural master plans shall be accompanied with relevant drawings and legal documents.

Article 45. Conditions for adjustment of urban and rural master plans

1. Relevant strategies for socio-economic development and national defense and security assurance or master plans under the national system of master plans are adjusted or higher-level urban and rural master plans are adjusted, resulting in a change in contents of approved master plans.

2. Boundaries of certain administrative units are adjusted or there is a contradiction between urban and rural master plans, affecting the nature, functions and scale of urban centers, districts, communes, functional zones or planned areas, except the case specified at Point a, Clause 2, Article 8 of this Law.

3. Projects have obtained investment policy approval or decision, investor approval decision, or decision on investment policy approval together with investor approval by the National Assembly or the Prime Minister in accordance with the law on public investment, the law on investment in the form of public-private partnership and the law on investment, thus affecting the use of land or architectural space of areas for which the relevant master plans have been formulated and approved.

4. There are changes in climatic, geological and hydrological conditions or impacts of disasters or wars or requirements for assurance of national defense and security, thus affecting the use of land and architectural space of areas for which the relevant master plans have been formulated and approved.

5. To serve the national interests and the interests of the community when there is a change in the demand for land for technical and social infrastructure according to development policies in each period or there is a change in planned land use norms and per-capita housing floor area norms under local housing development plans provided that such change does not cause the overload for technical and social infrastructure of areas for which the relevant master plans have been formulated and approved.

6. Urban and rural master plans are impossible to be implemented or their implementation negatively affects the socio-economic development, national defense, security, social security, ecological environment, or historical and cultural relics.

7. Construction investment projects have their investment policy adjustments approved by competent authorities in accordance with law, thus affecting the use and spatial organization of the projects’ land areas.

8. It is necessary to adjust boundaries or a number of planned land use norms or adjust specialized technical requirements for land lots for the implementation of investment projects on construction of concentrated works or independent works in areas for which the relevant master plans have been formulated and approved.

Article 46. Types of adjustment of urban and rural master plans and principles of adjustment

1. Overall adjustment of urban and rural master plans:

a/ The overall adjustment of urban and rural master plans shall be made based on results of the review of urban and rural master plans and when there appears one of the conditions specified in Clauses 1 thru 7, Article 45 of this Law, which results in a change in the role, nature, functions and scale of urban centers, districts, communes or functional zones; when there is a change in boundaries of areas affected by zoning master plans or detailed master plans; or when there is a change in the structure, nature, functions, scale and planning solutions, or requirements for spatial organization of the whole planned area;

b/ The overall adjustment of urban and rural master plans must meet practical requirements, suit the socio-economic development trend and development orientations of urban centers, districts, communes and functional zones in the future, and improve the quality of the living environment, infrastructure and architecture of urban and rural landscapes; and ensure succession and not cause problems for ongoing construction investment projects.

2. Partial adjustment of urban and rural master plans:

a/ Partial adjustment of urban and rural master plans shall be made based on results of the review of urban and rural master plans and when there appears one of the conditions specified in Clauses 1 thru 7, Article 45 of this Law provided that to-be-adjusted contents do not change the nature, functions, boundary scope and main planning solutions of areas for which the master plans have been formulated and approved and assessment of impacts of the partial adjustment shows that the adjustment does not cause the overload of technical and social infrastructure, and ensures the compliance with technical regulations on urban and rural planning.

When there appears the condition specified in Clause 8, Article 45 of this Law, partial adjustment may be made to relevant detailed master plans without requiring review of master plans;

b/ The partial adjustment of urban and rural master plans is not subject to procedures for formulation, appraisal and approval of planning tasks. Agencies and organizations responsible for formulating urban and rural master plans may prepare dossiers for partial adjustment of master plans or select consultancy organizations that meet the requirements specified in this Law to prepare dossiers for partial adjustment of master plans.

Article 47. Procedures for adjustment of urban and rural master plans

1. Procedures for overall adjustment of urban and rural master plans are as follows:

a/ Agencies and organizations responsible for formulating urban and rural master plans specified in Article 17 of this Law shall report to agencies competent to approve urban and rural master plans for the latter to consider and approve the overall adjustment of urban and rural master plans based on reports on results of the review of master plans;

b/ After obtaining permission from agencies competent to approve urban and rural master plans, the formulation, appraisal and approval of the overall adjustment of master plans and the announcement thereof must comply with procedures for formulation, appraisal, approval and announcement of master plans specified in this Law.

2. Procedures for partial adjustment of urban and rural master plans are as follows:

a/ Agencies and organizations responsible for formulating urban and rural master plans specified in Article 17 of this Law shall prepare dossiers for partial adjustment of master plans under the Minister of Construction’s regulations; collect opinions on contents and plans for partial adjustment of master plans from related state management agencies and residential communities in areas for which the master plans are expected to be adjusted and surrounding areas directly affected by the adjustment under Article 37 of this Law;

b/ Appraising agencies specified in Article 38 of this Law shall appraise bases for the formulation of master plans, conditions for adjustment and to-be-adjusted contents of master plans;

c/ Agencies and organizations competent to approve urban and rural master plans specified in Article 41 and Clauses 2 and 3, Article 48 of this Law shall decide to approve the partial adjustment of master plans. Decisions approving the partial adjustment of urban and rural master plans must clearly show adjusted contents and be accompanied with adjustment dossiers;

d/ Agencies and organizations responsible for formulating urban and rural master plans shall update and show adjusted contents in the dossiers of the master plans. Partially adjusted contents of urban and rural master plans shall be announced under Article 50 of this Law.

3. The Minister of Construction shall specify dossiers for review and adjustment of urban and rural master plans.

Article 48. Competence to approve adjustment of urban and rural master plans

1. Agencies and organizations competent to approve urban and rural planning tasks and urban and rural master plans specified in Article 41 of this Law shall approve the adjustment of master plans.

2. For master plans subject to the Prime Minister’s approval the formulation of which is organized by provincial-level People’s Committees, provincial-level People’s Committees shall formulate, appraise and approve, and announce the partial adjustment of, the master plans according to procedures specified by the Prime Minister.

3. For urban and rural master plans subject to approval by provincial-level People’s Committees the formulation of which is organized by district-level People’s Committees, district-level People’s Committees shall formulate, appraise and approve, and announce the partial adjustment of, the master plans according to the procedures specified by provincial-level People’s Committees.

Chapter IV

MANAGEMENT OF URBAN AND RURAL MASTER PLANS

Article 49. Regulations on management under urban and rural master plans

1. Regulations on management under urban and rural master plans shall be promulgated by agencies competent to approve master plans after such master plans are approved.

For master plans subject to the Prime Minister’s approval, provincial-level People’s Committees shall promulgate regulations on management under master plans after obtaining the written consent of the Ministry of Construction. For general master plans for new urban centers with the planning scope related to boundaries of administrative units of 2 or more provinces the formulation of which is organized by the Ministry of Construction, the Ministry of Construction shall promulgate regulations on management under urban and rural master plans.

2. Draft regulations on management under urban and rural master plans shall be accompanied with dossiers of master plans and separate urban designs submitted for appraisal and approval.

3. Regulations on management under urban and rural master plans must be consistent with approved master plans and private urban designs and clearly state principles for implementation thereof.

4. The Government shall detail Clause 3 of this Article.

Article 50. Announcement of urban and rural master plans

1. Within 15 days after an urban and rural master plan is approved, its contents shall be publicly announced; for contents classified as state secrets, the announcement must comply with the law on protection of state secrets.

Contents and documents for announcement of urban and rural master plans include:

a/ Decisions on approval of planning tasks (if any);

b/ Decisions on approval of master plans;

c/ Drawings accompanying master plans;

d/ Commentaries about master plans;

dd/ Regulations on management under urban and rural master plans.

2. Agencies and organizations responsible for formulating urban and rural master plans shall organize the public announcement of master plans they have formulated, except the following cases:

a/ Provincial-level People’s Committees organize the public announcement of master plans the formulation of which is organized by the Ministry of Construction in the localities under their management;

b/ Agencies competent to approve master plans organize the public announcement of master plans formulated by the project owners.

3. Urban and rural master plans shall be announced at head offices and regularly and continuously posted on portals of agencies and organizations responsible for formulating master plans, and the national planning information system, and apply one, several or all of the following forms:

a/ Announcing master plans in the mass media;

b/ Displaying drawings of urban and rural master plans; displaying mock-ups (if any);

c/ Organizing conferences and seminars;

d/ Publishing publications.

Article 51. Plans for implementation of general master plans

1. Based on approved general master plans, People’s Committees competent to approve master plans shall formulate and promulgate plans for implementation of general master plans, ensuring efficiency, feasibility and conformity with practical requirements. For general master plans subject to the Prime Minister’s approval, provincial-level People’s Committees shall formulate and promulgate plans for implementation of general master plans.

2. Requirements on plans for implementation of general master plans:

a/ Ensuring conformity with contents of approved master plans and regulations on management under master plans;

b/ Ensuring feasibility in terms of duration, resources and conditions for implementation;

c/ Clearly and specifically determining the progress and responsibilities of agencies in organizing the implementation of master plans in accordance with law;

d/ Proposing solutions to organize the implementation and report on results of the implementation of master plans.

3. Contents of a plan for implementation of a general master plan:

a/ Determining the list and schedule of formulation of urban and rural master plans of different levels, urban designs, underground-space master plans and specialized technical-infrastructure master plans for centrally run cities based on 5-year and annual plans;

b/ Estimating annual capital demand for the implementation of urban and rural master plans; proposing mechanisms and policies for allocating and mobilizing resources for implementation under the plan;

c/ Assigning responsibilities to related agencies;

d/ Devising inspection and supervision plans;

dd/ Stipulating contents and criteria for evaluation of results, and regime on reporting on results of the implementation of the master plan;

e/ Other relevant contents.

Article 52. Planting of boundary markers under urban and rural master plans

1. Planting of boundary markers under urban and rural master plans shall be carried out in the following cases:

a/ Planting of redline boundary markers for roads and areas of key technical infrastructure works, for general master plans or zoning master plans;

b/ Planting of markers for redline boundaries, construction boundaries, construction elevation, and boundaries of areas where construction is banned, for detailed master plans.

2. People’s Committees at all levels, organizations and investors responsible for formulating urban and rural master plans specified in Article 17 of this Law shall prepare dossiers for planting of boundary markers and organize the planting of boundary markers on the site or apply information technology for doing so.

3. The planting of boundary markers shall be carried out based on dossiers for boundary marker planting, which shall be prepared by specialized units in charge of survey and mapping and approved by agencies or organizations competent to approve urban and rural master plans.

4. Specialized agencies in charge of urban and rural planning under provincial- and district-level People’s Committees shall retain approved dossiers for boundary marker planting and provide documents related to boundary markers to organizations and individuals upon requests. Organizations and investors that have planted boundary markers under Clause 2 of this Article shall send dossiers for boundary marker planting to specialized agencies in charge of urban and rural planning under the Minister of Construction’s regulations.

5. When an urban and rural master plan is adjusted, planted boundary markers shall be adjusted under the adjusted master plan.

6. The Minister of Construction shall specify the preparation and retention of dossiers for boundary marker planting, expenses for boundary marker planting, organization of boundary marker planting, and management of boundary markers under urban and rural master plans.

Article 53. Management based on contents of urban and rural master plans

1. People’s Committees at all levels, agencies and organizations competent to approve urban and rural master plans specified in Article 41 of this Law shall manage contents of master plans approved by competent authorities within boundaries of administrative units under their management, including parks, greeneries and water surface areas.

2. The Government shall specify the management of parks, greeneries and water surface in urban and rural areas.

Article 54. Establishment of urban and rural planning databases

1. Urban and rural planning databases include electronic data of dossiers of approved master plans, geographical databases on urban and rural master plans associated with the system of standardized national fundamental geographic database. Information systems and databases shall be established, managed and shared uniformly nationwide to serve urban and rural planning activities.

2. Urban and rural planning databases shall be established in the process of formulating, and organizing the implementation of, master plans and updated regularly, ensuring synchronous connection with the national planning database and the national land database, serving management work, meeting the requirements of publicity, transparency, and guaranteeing the right to access to information of agencies, organizations and people.

3. The Government shall specify the establishment, management, operation and exploitation of urban and rural planning databases.

Article 55. Access to and provision of information on urban and rural master plans

1. Agencies, organizations and individuals are entitled to access the following information on urban and rural master plans:

a/ Information on master plans in the system of urban and rural master plans that have been approved and announced;

b/ Regulations on management under urban and rural master plans, and plans for implementation of promulgated general master plans;

c/ Information on administrative procedures related to urban and rural master plans;

d/ Legal documents on urban and rural master plans.

2. Specialized agencies in charge of urban and rural planning under provincial- and district-level People’s Committees shall provide information on approved urban and rural master plans to agencies, organizations and individuals upon requests and take responsibility for the accuracy of documents and data they provide.

3. The provision of information on urban and rural master plans upon requests shall be carried out in the form of oral or written explanations.

Article 56. Archive and retention of dossiers and documents on urban and rural planning tasks and urban and rural master plans

1. Dossiers and documents on approved urban and rural planning tasks and urban and rural master plans shall be archived in accordance with the archive law. To-be-archived dossiers and documents include:

a/ Dossiers of planning tasks submitted for appraisal, and dossiers of master plans submitted for appraisal;

b/ Dossier of planning tasks submitted for approval, and dossiers of master plans submitted for approval;

c/ Reports on appraisal of planning tasks, and reports on appraisal of master plans;

d/ Decisions on approval of planning tasks, and decisions on approval of master plans.

2. Agencies and organizations carrying out urban and rural planning activities shall retain dossiers of urban and rural planning tasks and urban and rural master plans.

Chapter V

IMPLEMENTATION PROVISIONS

Article 57. To amend, supplement or annul a number of articles and clauses of, the laws related to urban and rural planning activities

1. To amend, supplement or annul a number of articles and clauses of Law No. 50/2014/QH13 on Construction, which has a number of articles amended and supplemented under Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14, and Law No. 62/2020/QH14, as follows:

a/ To replace the phrase “construction master plans” in Clauses 15a, 18, 21 and 24, Article 3; Clause 4, Article 12; and Clause 1, Article 79 with the phrase “urban and rural master plans”;

b/ To replace the phrase “construction master plans” in Clause 1, Article 51; at Point b, Clause 2, Article 58; at Point c, Clause 1, Article 61; at Point b, Clause 7, Article 79; at Points d and e, Clause 2, Article 89; at Point d, Clause 1, Article 94; in Clause 1, Article 117; at Point d, Clause 1, Article 118; and in Clause 5, Article 130, with the phrase “master plans as prescribed in the law on urban and rural planning”;

c/ To replace the phrase “master plans on construction of functional zones or detailed master plans on construction of rural residential areas” at Point d, Clause 1, Article 83a; and Point i, Clause 2, Article 89, with the phrase “functional zone master plans or detailed master plans for construction areas determined in general master plans for districts and general master plans for communes”;

d/ To replace the phrase “detailed master plans on construction of rural residential areas” in Clause 3, Article 93 with the phrase “detailed master plans as prescribed in the law on urban and rural planning”;

dd/ To replace the phrase “construction planning design” in Clauses 3 and 4, Article 148, and Article 158 with the phrase “urban and rural planning”;

e/ To annul the phrase “under plans on implementation of construction master plans” in Clause 18, Article 3; the phrase “formulation and implementation of a construction master plan” in Clause 9, Article 4; and the phrase “construction master plans” in Clause 4, Article 160; Clause 3, Article 162; and Point a, Clause 2, Article 163;

g/ To amend and supplement Clause 1, Article 91 as follows:

“1. Being in line with master plans as prescribed in the law on urban and rural planning approved by competent state agencies; for construction works located in stable areas or street routes in urban centers for which no detailed master plans or separate urban designs are formulated, they must be in line with architecture management regulations promulgated by competent state agencies.”;

h/ To amend and supplement Clause 1, Article 92 as follows:

“1. Being in line with master plans as prescribed in the law on urban and rural planning or locations and total ground areas of projects approved in writing by competent state agencies.”;

i/ To amend and supplement Clause 2, Article 93 as follows:

“2. Separate houses in urban areas must meet the conditions specified in Clause 1 of this Article and conform with detailed master plans as prescribed in the law on urban and rural planning; separate houses located in stable areas or street routes in urban centers must comply with detailed master plans as prescribed in the law on urban and rural planning, separate urban designs or architecture management regulations promulgated by competent state agencies.”;

k/ To amend and supplement Point a, Clause 1, Article 94 as follows:

“a/ Being located in areas for which master plans as prescribed in the law on urban and rural planning have been approved and announced by competent state agencies  but not yet implemented, and for which there are no land recovery decisions of competent state agencies;”;

l/ To amend and supplement Point b, Clause 1, Article 94 as follows:

“b/ Being suitable to the size and duration of works specified by provincial-level People’s Committees for each area according to management and development requirements and suitable to planning duration;”;

m/ To amend and supplement Clause 4, Article 94 as follows:

“4. For works or separate houses that are granted definite-term construction permits, if, after the expiration of their existence duration stated in the construction permits, master plans as prescribed in the law on urban and rural planning are adjusted with an extension of such duration, the agencies that have granted construction permits shall inform the extension of existence duration of the works. In case the project owners wish to continue to construct, repair or renovate such works, definite-term construction permits shall be granted according to management and development requirements and suitable to planning duration;”;

n/ To amend and supplement Point a, Clause 1, Article 164 as follows:

“a/ Perform the state management of construction investment activities as decentralized by the Government; manage the construction order in localities according to construction master plans, designs and permits under the Government’s regulations; promulgate documents according to their competence; direct the implementation of master plans as prescribed in the law on urban and rural planning and construction investment plans; and organize the guidance, examination and settlement of complaints and denunciations, and handling of violations in construction investment activities;”;

o/ To annul Clauses 7, 8, 16, 22, 25, 30, 31, 32, 33 and 34, Article 3; Article 150, and Chapter II.

2. To amend and supplement a number of articles of Land Law No. 31/2024/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, as follows:

a/ To replace the phrase “the law on urban planning” in Clause 5, Article 65; Clause 4, Article 66; Clause 5, Article 116; and Clause 2, Article 216, with the phrase “the law on urban and rural planning”;

b/ To replace the phrase “construction master plans, urban master plans and rural master plans” at Point a, Clause 2; and in Clause 5, Article 66 with the phrase “master plans as prescribed in the law on urban and rural planning”;

c/ To replace the phrase “construction master plans, urban master plans” at Point c, Clause 3, Article 122 with the phrase “master plans as prescribed in the law on urban and rural planning”;

d/ To replace the phrase “detailed master plans on construction” at Point c, Clause 5, Article 158; and Point i, Clause 1, Article 159, with the phrase “detailed master plans as prescribed in the law on urban and rural planning”;

dd/ To replace the phrase “construction master plans or urban master plans” at Point c, Clause 2, Article 190 with the phrase “master plans as prescribed in the law on urban and rural planning”;

e/ To replace the phrase “construction master plans or urban master plans” at Point b, Clause 4, Article 216 with the phrase “master plans as prescribed in the law on urban and rural planning”;

g/ To replace the phrase “construction master plans and urban master plans” at Point a, Clause 3; and Point a, Clause 7, Article 219 with the phrase “master plans as prescribed in the law on urban and rural planning”;

h/ To replace the phrase “construction master plans” at Point a, Clause 1, Article 67with the phrase “ functional zone master plans; rural master plans”.

3. To amend and supplement a number of articles of Law No. 10/2022/QH15 on the Implementation of Grassroots Democracy as follows:

a/ To replace the phrase “master plans on construction of district regions and master plans on construction of communes and rural residential areas; general master plans for townships, and zoning plans and detailed master plans for areas within townships;” in Clause 3, Article 11 with the phrase “general master plans for districts, general master plans for communes and detailed master plans on construction areas determined in general master plans for districts, general master plans for communes; general master plans for townships, zoning master plans, and detailed master plans for areas within districts, communes and townships”;

b/ To amend and supplement Clause 6, Article 25 as follows:

“6. Draft urban and rural master plans.”.

4. To amend and supplement a number of articles of Law No. 29/2023/QH15 on Real Estate Business, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, as follows:

a/ To replace the phrase “the law on urban planning” in Clause 2, Article 11 and at Point b, Clause 1, Article 29 with the phrase “the law on urban and rural planning”;

b/ To replace the phrase “construction master plans” in Clause 3, Article 39 with the phrase “master plans as prescribed in the law on urban and rural planning”;

c/ To replace the phrase “the law on construction and the law on urban planning” at Point b, Clause 1, Article 40 with the phrase “the law on urban and rural planning”;

d/ To replace the phrase “the law on urban planning” at Point c, Clause 1, Article 40; and Point d, Clause 1, Article 43 with the phrase “the law on urban and rural planning”;

dd/ To replace the phrase “construction master plans” in Clause 1, Article 77; and Clause 1, Article 78, with the phrase “urban and rural master plans”.

5. To amend and supplement a number of articles of Housing Law No. 27/2023/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, as follows:

a/ To replace the phrase “construction master plans, urban master plans” in Clauses 3 and 4, Article 3; in Clause 2, Article 5; at Point b, Clause 1, Article 26; and in Clause 9, Article 88, with the phrase “urban and rural master plans”;

b/ To replace the phrase “construction master plans, urban master plans and functional zone construction master plans” in Clause 2, Article 4 with the phrase “urban and rural master plans”;

c/ To replace the phrase “construction master plans” in Clause 1, Article 40; and at Point d, Clause 2, Article 59 with the phrase “master plans as prescribed in the law on urban and rural planning”;

d/ To replace the phrase “zoning master plans or detailed construction master plans on a scale of 1:500” in Clause 2, Article 50 with the phrase “zoning master plans or detailed master plans as prescribed in the law on urban and rural planning”;

dd/ To replace the phrase “construction master plans” in Clause 1, Article 54 and Clause 2, Article 60 with the phrase “urban and rural master plans”;

e/ To replace the phrase “the law on urban planning” in Clause 1, Article 64 with the phrase “the law on urban and rural planning”;

g/ To replace the phrase “land use norms for construction planning” in Clause 2, Article 64 with the phrase “planned land use norms”;

h/ To replace the phrase “construction detailed master plans” in Clause 2, Article 54; in Clause 6, Article 60; at Point a, Clause 1, Article 82; and in Clause 1, Article 96, with the phrase “detailed master plans as prescribed in the law on urban and rural planning”

i/ To replace the phrase “construction detailed master plans” at Point b, Clause 3; and Point a, Clause 4, Article 88 with the phrase “detailed master plans”;

k/ To replace the phrase “industrial-park construction master plans” in Clause 1, Article 94; and at Point a, Clause 2, Article 95, with the phrase “industrial-park master plans”;

l/ To amend and supplement Clause 1, Article 32 as follows:

“1. Land areas for housing development must be determined in urban master plans, rural master plans, industrial-park master plans, master plans on higher education institutions, and other master plans in accordance with the law on planning, the law urban and rural planning and relevant regulations.”.

6. To amend and supplement a number of articles of Law No. 39/2024/QH15 on the Capital as follows:

a/ To replace the phrase “the general master plan on construction of functional zones” in Clause 3, Article 17 with the phrase “the general master plan for functional zones”;

b/ To replace the phrase “the law on construction, the law on urban planning” in Clause 4, Article 17 with the phrase “the law on urban and rural planning”;

c/ To replace the phrase “construction zoning master plans” at Point b, Clause 2, Article 24 with “zoning master plans as prescribed in the law on urban and rural planning”;

d/ To replace the phrase “zoning master plans and construction detailed master plans” at Point a, Clause 3, Article 24 with “zoning master plans and detailed master plans as prescribed in the law on urban and rural planning”;

dd/ To replace the phrase “national technical regulations on construction planning” at Point b, Clause 2, Article 31 with the phrase “national technical regulations on urban and rural planning”;

e/ To replace the phrase “construction master plans” at Point a, Clause 3, Article 32 with the phrase “master plans as prescribed in the law on urban and rural planning”;

g/ To replace the phrase “urban master plans, construction master plans” in Clause 3, Article 35 with the phrase “urban and rural master plans”.

7. To amend and supplement a number of articles of Law No. 77/2015/QH13 on Organization of Local Administration, which has a number of articles amended and supplemented under Law No. 21/2017/QH14, Law No. 47/2019/QH14, Resolution No. 96/2023/QH15, Law No. 31/2024/QH15, Law No. 34/2024/QH15, and Law No. 43/2024/QH15, as follows:

a/ To replace the phrase “urban construction and development planning” in Clause 3, Article 40 with the phrase “urban and rural planning”;

b/ To amend and supplement Point e, Clause 3, Article 19 as follows:

“e/ To decide on regional economic linkages among local administration levels in conformity with local situations and characteristics, ensuring the uniformity of the national economy;”;

c/ To amend and supplement Clause 2, Article 54 as follows:

“2. To decide on urban construction investment projects in localities in accordance with law.”.

8. To amend and replace the phrase “Master plans on construction of urban centers, residential areas, functional zones and cottage industry zones specified in the Law on Construction and relevant laws” in Clause 2, Article 63 of Law No. 24/2023/QH15 on Telecommunications with the phrase “Master plans as prescribed in the law on urban and rural planning for urban centers, residential areas, functional zones and cottage industry zones”.

9. To replace the phrase “Construction master plans” in Clause 1, Article 64 of Law No. 72/2020/QH14 on Environmental Protection, which has a number of articles amended and supplemented under Law No. 11/2022/QH15, Law No. 16/2023/QH15, and Law No. 18/2023/QH15, with the phrase “Urban and rural master plans”.

10. To replace the phrase “planting of boundary markers under construction master plans” in Clause 6, Article 78 of Railway Law No. 06/2017/QH14, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 and Law No. 16/2023/QH15, with the phrase “planting of boundary markers in accordance with the law on urban and rural planning”.

11. To amend and supplement a number of articles of Law No. 33/2013/QH13 on Disaster Prevention and Control, which has a number of articles amended and supplemented under Law No. 60/2020/QH14 and Law No. 18/2023/QH15, as follows:

a/ To replace the phrase “construction master plans” at Point a, Clause 9, Article 42 with the phrase “urban and rural master plans”;

b/ To replace the phrase “construction master plans” at Point b, Clause 12, Article 42; and Point d, Clause 1, Article 43, with the phrase “master plans as prescribed in the law on urban and rural planning”.

12. To replace the phrase “local construction master plans” at Point b, Clause 2, Article 37 of Law No. 16/2012/QH13 on Advertising, which has a number of articles amended and supplemented under Law No. 35/2018/QH14 and Law No. 42/2024/QH15, with the phrase “master plans as prescribed in the law on urban and rural planning”.

13. To amend and supplement a number of articles of Law No. 79/2006/QH11 on Dikes, which has a number of articles amended and supplemented under Law No. 15/2008/QH12, Law No. 35/2018/QH14, Law No. 60/2020/QH14, and Law No. 18/2023/QH15, as follows:

a/ To replace the phrase “construction master plans” at Point b, Clause 3, Article 26; and in Clause 1, Article 27 with the phrase “master plans as prescribed in the law on urban and rural planning”;

b/ To replace the phrase “construction master plans” in Clause 6, Article 42 with the phrase “urban and rural master plans”.

14. To amend and supplement ordinal number 3.2, Section II of Appendix No. 01 on the List of charges and fees promulgated together with Law No. 97/2015/QH14 on Charges and Fees, which has a number of articles amended and supplemented under Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No. 20/2023/QH15, Law No. 24/2023/QH15, Law No. 33/2024/QH15, and Law No. 35/2024/QH15, as follows:

Article 58. Effect

1. This Law takes effect on July 1, 2025.

2. Law No. 30/2009/QH12 on Urban Planning, which has a number of articles amended and supplemented under Law No. 77/2015/QH13, Law No. 35/2018/QH14, Law No. 40/2019/QH14, Law No. 61/2020/QH14, and Article 29 of Law No. 35/2018/QH14, ceases to be effective on the effective date of this Law.

Article 59. Transitional provisions

1. Construction master plans, urban master plans, and separate urban designs that are approved before the effective date of this Law will continue to be effective until the expiration of their validity duration in accordance with this Law.

2. Construction master plans and urban master plans formulated before the effective date of this Law, in the process of appraisal and approval of their plans and subject to obtaining written consensus of the Ministry of Construction and specialized agencies in charge of urban and rural planning under provincial-level People’s Committees, which, however, are not required to obtain written consensus under this Law, must comply with this Law.

3. Construction master plans and urban master plans having had their planning tasks approved without having their plans appraised before the effective date of this Law shall either continue to be implemented in accordance with the law on construction and the law on urban planning valid before the effective date of this Law, or have their urban and rural planning tasks or urban and rural master plans formulated, appraised and approved in accordance with this Law.

4. Construction master plans and urban master plans of which their plans are appraised before the effective date of this Law may continue to be approved in accordance with the law on construction and the law on urban planning valid before the effective date of this Law.

5. In case of partial adjustment of construction master plans or urban master plans appraised before the effective date of this Law while there is a change in the approval competence under this Law, re-appraisal is not required. The competence for approval of the partial adjustment of master plans must comply with this Law.

6. In case construction master plans or urban master plans are subject to approval by the Prime Minister in accordance with the law on construction and the law on urban planning and are approved before the effective date of this Law, but later are subject to approval by provincial-level People’s Committees in accordance with this Law, the adjustment of such master plans must comply with this Law.

7. In case construction master plans or urban master plans are subject to approval by provincial-level People’s Committees in accordance with the law on construction and the law on urban planning and are approved before the effective date of this Law, but later are subject to approval by district-level People’s Committees in accordance with this Law, the adjustment of such master plans must comply with this Law.

8. For grade-III and grade-IV urban centers, economic zones and national tourist areas for which general master plans are approved before the effective date of this Law, in case the validity duration of such general master plans has not expired but it is necessary to formulate zoning master plans, such zoning master plans shall continue to be formulated, appraised and approved within 2 years from the effective date of this Law. The formulation, appraisal, approval, review and adjustment of zoning master plans shall continue to be carried out in accordance with the law on urban planning and the law on construction valid before the effective date of this Law. Zoning master plans shall remain effective until general master plans are formulated or adjusted in an overall manner in accordance with this Law. The Government shall detail this Clause.

9. Construction capacity certificates of organizations and construction practice certificates of individuals in the field of construction planning design that are granted before the effective date of this Law and remain valid continue to be effective until their expiration date.

This Law was passed on November 26, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN