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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 47/2024/QH15
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Hanoi, November 26, 2024
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LAW
URBAN AND RURAL PLANNING
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Law on Urban and Rural Planning.
Chapter
I
GENERAL PROVISIONS
Article 1. Scope
This
Law provides for the system of urban and rural planning; formulation,
appraisal, approval, review, adjustment, and management of urban and rural
planning; state management of urban and rural planning.
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For the purpose of this
Law, the following terms shall be construed as follows:
1. “Urban area” refers to
an area with high population density and mainly non-agricultural operations; a
political, administrative, economic, cultural, or specialized center whose role
is to promote the socio-economic development of the country or a specific
territory.
2. “New urban area” refers
to an urban area expected to be established in the future following the
orientation determined in the comprehensive planning for the urban and rural
system, the regional planning, provincial planning, or master planning for
centrally affiliated cities receiving synchronized step-by-step investment
following the urban classification criteria and administrative division
standards according to the law.
3. “Rural area” refers to
a living area of residential communities with mainly agricultural operations.
4. “Rural residential area” refers to a concentrated residential place of households associated with
each other in manufacturing, living activities, and other social activities
within the scope of a specific rural area, established by natural conditions,
socio-economic conditions, technical infrastructure conditions, and other
factors.
5. “Functional area”
refers to an area in an urban or rural area that includes economic areas,
tourism areas, industrial areas, export-processing zones, hi-tech parks,
hi-tech application agricultural parks, hi-tech application forestry parks,
concentrated information technology areas, research and training areas, sports
and gymnastics areas, cultural areas, medical complexes, focal areas of
technical infrastructures, and development areas following other functions
oriented at the regional, provincial, or master planning according to this Law.
6. “Urban and rural planning” refers to the determination and organization of the space,
architectural scenery, and the system of technical infrastructure works, social
infrastructure works, and houses to create a conformable living environment for
people in cities, district-level towns, commune-level towns, new urban areas,
rural districts, communes, and functional areas.
7. “Urban and rural space”
refers to the spaces above ground, underground, and underwater in urban and
rural areas.
8. “Urban and rural architecture” refers to a combination of objects in urban and rural
areas, including architectural, technical, artistic, and advertising works and
other works whose existence, images, and designs directly affect and influence
the urban and rural landscapes.
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10. “Planning objectives”
refer to the requirements concerning the research and implementation of urban
and rural planning.
11. “Master planning”
refers to the determination of objectives and orientations to comprehensive
development and long-term development plans; organization of the space and
systems of technical infrastructure works, social infrastructure works, and
houses for a city, district-level town, commune-level town, new urban area,
rural district, commune, or a functional area.
12. “Subdivision planning”
refers to the division and determination of the functions and use targets of
land subject to planning and the arrangement of the systems of technical
infrastructure works, social infrastructure works, and houses for a specific
area to concretize the content of the master or provincial planning.
13. “Detailed planning”
refers to the division and determination of the use targets of land subject to
planning and the requirements for the management of architectural landscapes
for each land parcel for work construction and the arrangement of the systems
of technical infrastructure works, social infrastructure works, and houses to
concretize the content of the subdivision planning or master planning, or
planning for underground space or specialized planning for technical
infrastructures.
14. “Specialized
planning for technical infrastructures”
refers to the determination of the technical infrastructure system, including
route-based technical infrastructure works and non-route-based technical
infrastructure works.
15. “Framework technical infrastructure” refers to the system of main technical infrastructure
works of urban and rural areas and functional areas, determined in the master
planning and/or subdivision planning, including traffic axes, energy
transmission lines, lines for water supply, transmission, and drainage, lines
for information and telecommunications, non-route-based technical
infrastructure works, and irrigation works.
16. “Focal area of technical infrastructures” refers to an area for arranging and constructing
non-route-based technical infrastructure works.
17. “Underground space planning” refers to the determination and organization of underground
or underwater space for constructing underground public works established under
independent projects and underground traffic works and determining the space
for work construction above ground for connecting underground works.
18. “Technical-economic targets” refer to the targets predicted, determined, and selected in
the planning as the grounds to propose planning schemes and solutions,
including population scale, employee scale, land scale, and targets concerning
technical infrastructures, social infrastructures, and the environment.
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20. “Urban and rural planning period” refers to a specific period used as the ground for
predicting, calculating, and selecting technical-economic targets for the
planning formulation.
21. “Effective period of urban and rural planning” refers to the period starting from when the planning is
approved until the end of the planning period, or the planning is subject to
comprehensive adjustments or the planning ceases to have effect according to
this Law.
22. “Urban and rural planning operations” include the formulation, appraisal, approval, review,
adjustment, and management of urban and rural planning.
23. “Urban and rural planning authorities” refer to agencies and units affiliated with agencies
competent to approve urban and rural planning objectives and planning, assigned
to provide counseling for the state management of urban and rural planning.
24. “Urban and rural planning database” refers to a combination of electronic data displaying
basic content concerning urban and rural planning, arranged and organized for
access, utilization, sharing, management, and update through electronic instruments.
Article 3. Urban and
rural planning system
1. Comprehensive planning for the urban and rural system is
national sector planning. The formulation, appraisal, approval, announcement,
implementation, adjustment, and assessment of the comprehensive planning for
the urban and rural system shall comply with the law on planning.
2. Types of urban and rural planning:
a) Urban planning for
centrally affiliated cities, district-level cities, district-level towns,
commune-level towns, and new urban areas;
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c) Functional area
planning for functional areas;
d) Underground space
planning for centrally affiliated cities;
dd) Specialized planning
for technical infrastructures for centrally affiliated cities.
3. Urban and rural planning levels include master,
subdivision, and detailed planning.
4. The master planning
formulated for cities, district-level towns, commune-level towns, new urban
areas, rural districts, communes, and functional areas being economic zones or
national tourism zones shall be determined in the regional planning, provincial
planning, or master planning for centrally affiliated cities.
5. Subdivision planning shall be formulated for:
a) Specific areas
according to the requirements for management and development prescribed by the
Government of Vietnam in special urban areas, type-I urban areas, type-II urban
areas, and new urban areas with a predicted population scale similar to type-I
or type-II urban areas;
b) Functional areas that
are not economic zones or national tourism zones with area scales and
requirements for management and development prescribed by the Government of
Vietnam;
c) Areas where
subdivision planning formulation is required for bidding for the selection of
investors for the implementation of land-based investment projects according to
the law on land.
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a) Areas with area scales
and requirements for management and development prescribed by the Government of
Vietnam subject to approved subdivision or master planning in cases not subject
to Clause 5 of this Article;
b) Industrial clusters or
areas determined for auctions of land use rights according to the law on land;
functional areas providing rural economy development support services
determined and established under the national objective program on new rural
development or other national objective programs.
7. Regarding blocks and routes that meet the following
conditions, formulate separate urban designs instead of detailed planning,
excluding cases where the formulation of architectural management regulations
is required under the law on architecture:
a) They are located in
urban areas that have basically stabilized the use functions of land parcels,
oriented toward preservation and restriction of development with approved
subdivision or master planning in cases not subject to Clause 5 of this
Article;
b) It is not the case
specified in Point b Clause 6 of this Article.
Article 4. Types of
urban areas and administrative divisions
1. Urban areas are classified into 6 types, including special
type, type I, type II, type III, type IV, and type V, according to the law on
urban classification.
2. The determination of standards and classification of urban
and rural administrative divisions shall comply with the law on local
government organization.
3. According to the socio-economic development situation of
each stage, the Government of Vietnam shall present specific regulations on
urban classification to the Standing Committee of the National Assembly of
Vietnam, ensuring the urban development trends that are green, smart, modern,
sustainable, and adaptive to climate change.
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1. Where the administrative boundaries of cities,
district-level towns, commune-level towns, rural districts, or communes are
completely within the planning scope of an economic zone or national tourism
zone, the formulated master planning for the economic zone or the national
tourism zone shall specify the development orientations of such cities,
district-level towns, commune-level towns, rural districts, and communes without
have to formulate separate master planning for each city, district-level town,
commune-level town, rural district, and commune.
2. Where the administrative boundaries of a city,
district-level town, commune-level town, rural district, and commune and the
planning scope of an economic zone or national tourism zone have overlapped
areas, the formulated master planning for the city, district-level town,
commune-level town, rural district, commune, economic zone, or national tourism
zone shall meet the requirements for synchronization and consistency among the
contents of planning types at overlapped areas.
3. Where the planning scope of an economic zone or national
tourism zone is completely within the administrative boundaries of a city or
district-level town, the formulated master planning for the city or
district-level town shall display the content of the master planning for the
economic zone or national tourism zone without having to formulate separate
master planning for the economic zone or national tourism zone.
4. Where the planning
scope of an economic zone or national tourism zone is completely within the
administrative boundaries of a rural district, formulate the master planning
for the economic zone or national tourism zone without having to formulate
separate master planning for the rural district. Regarding the remaining area
of the rural district (if any), it is permitted to formulate master planning
for communes or commune-level towns.
5. Where a city is a
type-I urban area or new urban area has a predicted population scale similar to
a type-I urban area of a centrally affiliated city, the formulated master
planning for the centrally affiliated city shall adequately display the content
of the master planning for the type-I urban area or new urban area with a
predicted population scale similar to a type-I urban area without having to
formulate separate master planning for the type-I urban area or new urban area
with a predicted population scale similar to a type-I urban area of the centrally
affiliated city.
6. Where a city, district-level town, commune-level town,
rural district, or commune is oriented toward adjustments to administrative
boundaries in the provincial planning or the master planning for the centrally
affiliated city, formulate the master planning for the city, district-level
town, commune-level town, rural district, or commune following the
administrative divisions expected to be adjusted.
7. Where a rural district or
commune is oriented toward being a new urban area, the urban master planning
conformable with the future urban administrative division shall be formulated
instead of the master planning for the rural district or commune.
8. Where a rural district
of a centrally affiliated city has more than 50% of its natural area reserved
for urban development under the master planning of the centrally affiliated
city, the subdivision planning for the area reserved for urban development in
conformity with the master planning for the centrally affiliated city shall be
formulated instead of the master planning for the rural district. Regarding the
remaining area of the rural district, it is permitted to formulate master
planning for communes.
Article 6. Urban and
rural planning requirements
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2. Technical-economic targets are set scientifically,
practically, and conformably with the development trends of urban areas, rural
areas, and functional areas; comply with standards urban and rural planning
standards and appropriately utilize and use natural resources and land; satisfy
the requirements for green, smart, modern, sustainable, and climate
change-adapted development, preventing dangers and negative influence on the
community.
3. Ensure that the urban development takes into account the
orientations toward public transportation and effective utilization of land
funds for the construction of public transportation focal areas combined with
the development of new, renovated, and refurbished urban areas.
4. Ensure the consistency of the space of architectural
landscapes, systems of technical infrastructure works and social infrastructure
works, and underground spaces; ensure the harmonious development among urban
areas, rural areas, and functional areas; ensure the close and consistent
association between newly developed areas and existing areas; preserve and
promote the identity; preserve, protect, and promote traditional cultural values,
historical and cultural relics, and the values of typical architectural works
of each province.
5. Satisfy the demands for housing and social housing and the
systems of social infrastructure works, and ensure accessibility of people.
6. Satisfy the technical infrastructure demands; ensure
synchronous and consistent connections among systems of technical
infrastructure works in areas subject to planning for technical infrastructure
works outside of areas subject to planning.
7. Ensure the inheritance nature of approved planning;
research and propose solutions conformable with status quo areas and existing
residential areas that are legal and stabilized.
8. When formulating or adjusting planning for renovating or refurbishing
urban areas, it is mandatory to adequately access the legality and the use of
land, technical infrastructure works, social infrastructure works, underground
spaces (if any), socio-cultural factors, the environment, values of
architectural landscapes of the areas subject to the planning formulation to
adopt reasonable measures to thriftily and effectively utilize and use urban
land, ensuring the requirements for the use of technical and social
infrastructures and the preservation and promotion of the identity,
architectural space, and landscapes of urban areas.
9. The master planning period for urban and rural areas shall
be divided into stages conformable with the planning period according to the
Law on Planning.
Article 7. Principles
of urban and rural planning operations
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a) Master planning for
multiple subject matters may be formulated at the same time; where such
planning is subject to the approval jurisdiction of different levels of
competent authorities, the master planning subject to a competent authority of
a higher level shall be approved first; where such planning is subject to the
approval jurisdiction of the same competent authority, the one that is
formulated and appraised first shall be approved first;
b) Subdivision planning
shall concretize master planning in terms of development objectives;
technical-economic targets; development orientations and organization of spaces
and functional subdivisions; development orientations of the systems of
technical infrastructure works, social infrastructure works, and underground
spaces (if any). The content, requirements, and principles of concretization
assurance shall be determined and prescribed in the planning;
c) Detailed planning
shall concretize subdivision planning or master planning regarding cases where
it is not prescribed to formulate subdivision planning concerning targets,
development investment requirements; schemes and requirements for the
organization of spaces and architectural landscapes; technical-economic
targets; functions and use targets of land subject to planning; solutions to
the planning for the systems of technical and social infrastructure works. The
content, requirements, and principles of concretization assurance shall be
determined and prescribed in the planning;
d) Underground space
planning and specialized planning for technical infrastructures for a centrally
affiliated city shall be compatible to each other; concretize the development
objectives and orientations of the planning for underground spaces and the
systems of framework technical infrastructure works; be consistent and
synchronized with the orientation of the development of spaces and
architectural landscapes in the master planning for the centrally affiliated
city. The content, requirements, and principles of concretization assurance
shall be determined and prescribed in the planning.
2. When implementing programs and plans to invest in the
development and management of the implementation of construction projects in
urban and rural areas, management of spaces and architectural landscapes, or
other operations concerning urban and rural planning, agencies, organizations,
and individuals shall comply with the approved urban and rural planning and the
separate urban design and management regulations of the issued planning.
Article 8. Assurance
of conformity of construction projects with urban and rural planning
1. Urban and rural
planning shall serve as the ground for formulating construction projects,
ensuring that construction projects conform with each type and level of urban and
rural planning and separate urban design. The Government of Vietnam shall
elaborate on this Clause.
2. The determination of
planning to be implemented to ensure that construction projects conform with
the planning where there are conflicts between urban and rural planning shall
comply with the following regulations:
a) Upon conflicts between
same-level urban and rural planning subject to the approval jurisdiction of the
same competent authority, the competent authority shall decide on the planning
to be implemented. Regarding conflicts between same-level urban and rural
planning subject to the approval jurisdiction of competent authorities of
different levels, the competent authority of the higher level shall decide on
the planning to be implemented. Any content approved by the competent authority
shall be updated and displayed in the planning record;
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c) The procedures for
reporting and deciding on the planning to be implemented in the case prescribed
in Point a of this Clause shall comply with the regulations of the Government
of Vietnam, ensuring compliance with Articles 6 and 7 of this Law.
Article 9.
Environmental protection requirements in urban and rural planning
1. Environmental protection requirements are included in urban
and rural planning.
2. Environmental protection requirements in urban and rural
planning shall include:
a) Assessment of the
status quo of the urban and rural environment and functional areas in terms of
hydrometeorological conditions, water quality, air, ecosystem, geology, and
soil erosion; domestic waste, wastewater, and noises; utilization and use of
natural resources and climate change;
b) Prediction of sources
of pollutants and developments of the environment during the formulation and
implementation of urban and rural planning;
c) Suggestions on
environmental protection solutions.
Article 10. Funding
for urban and rural planning operations
1. The State shall guarantee funding for urban and rural
planning operations according to the state budget law.
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a) Recurrent expenditure
funding from the state budget;
b) Funding of
organizations selected as investors;
c) Other legal funding
sources.
3. Funding for urban and
rural planning operations shall be used for:
a) Conducting topographic
surveys in service of the formulation of urban and rural planning;
b) Formulating,
adjusting, soliciting opinions, appraising, and approving urban and rural
planning objectives and planning;
c) Managing professional
work of urban and rural planning formulation;
d) Announcing and
publicizing urban and rural planning;
dd) Marking according to
urban and rural planning;
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g) Developing, managing,
and operating the urban and rural planning database;
h) Other work relevant to
urban and rural planning operations.
4. Funding for urban and
rural planning operations shall be managed in compliance with the state budget
law, the planning law, and relevant laws. The Government of Vietnam shall
elaborate on this Clause.
5. The Minister of Construction of Vietnam shall promulgate
the norms and methods of formulating and managing costs for urban and rural
planning operations.
Article 11. Sources of
support for urban and rural planning operations
1. Sources of support for urban and rural planning operations
include:
a) Donations from
domestic and overseas organizations and individuals for urban and rural
planning operations. Sponsorship funding that is collected by the state budget
and used under the state budget law;
b) Research results of
agencies, organizations, and experts received by agencies and organizations
responsible for organizing urban and rural planning formulation;
c) Sponsorship sources of
prizes for organizations and individuals with urban and rural planning ideas
selected based on the results of the competitions for planning ideas held by
agencies and organizations responsible for organizing planning formulation;
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2. Principles of
providing and using sources of support for urban and rural planning operations
of domestic and overseas organizations and individuals include:
a) Ensuring objectivity,
publicity, transparency, proper targets and purposes, thrift, and
effectiveness;
b) Ensuring voluntariness
and general benefits of communities and society, preventing profiteering;
c) Domestic and overseas
organizations and individuals shall refrain from sponsoring and paying the
funding directly to planning formulation counseling organizations.
3. The Government of
Vietnam shall stipulate the receipt, management, and use of sources of support
for urban and rural planning operations.
Article 12.
Responsibilities of urban and rural planning authorities
1. The Government of Vietnam shall carry out the consistent
state management of urban and rural planning nationwide.
2. The Ministry of Construction of Vietnam shall assist the
Government of Vietnam in carrying out the consistent state management of urban
and rural planning.
3. Ministries and ministerial agencies shall, within their
scope of tasks and entitlements, cooperate with the Ministry of Construction of
Vietnam in implementing the state management of urban and rural planning.
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Article 13.
International cooperation in urban and rural planning operations
1. International
cooperation in urban and rural planning operations shall be carried out based
on equality, mutual benefits, respect for independence, sovereignty,
territorial integrity, and laws of each party and international laws.
2. International cooperation in urban and rural planning
operations includes:
a) Scientific research,
application, technology transfer, and exchange of information on urban and
rural planning;
b) Training, advanced
training, and improvement of the qualifications of personnel sources for urban
and rural planning operations;
c) Surveys and sharing of
experience in urban and rural planning operations;
d) Technical support in
urban and rural planning operations; development of the urban and rural
planning database;
dd) Resource support for
urban and rural planning operations.
Article 14. Prohibited
acts in urban and rural planning operations
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2. Deliberately announcing or providing false information or
failing to announce or provide information on urban and rural planning
according to this Law; sabotaging, forging, or falsifying records, papers, and
documents.
3. Sabotaging or falsifying the marks in urban and rural
planning.
4. Receiving, managing, and using support funding for urban
and rural planning operations against this Law.
Chapter
II
URBAN AND RURAL PLANNING FORMULATION,
APPRAISAL, AND APPROVAL
Section 1. GROUNDS,
PROCEDURES, AND RESPONSIBILITIES FOR FORMULATING URBAN AND RURAL PLANNING
Article 15. Grounds
for formulating urban and rural planning
1. Urban and rural planning shall be formulated according to
the following grounds:
a) National geographical
background database and national topographic map system topography established
under the law on topography and cartography;
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c) Results of the
previous implementation of urban and rural planning;
d) Urban and rural
planning regulations and relevant specialized standards and regulations.
2. Planning levels shall be formulated following the grounds
prescribed in Clause 1 of this Article and the following regulations:
a) Master planning shall
be formulated based on strategies for socio-economic development, national
defense and security, national planning, regional planning, and provincial
planning;
b) Subdivision planning
shall be formulated based on one of the master plannings for special-type urban
areas, type-I urban areas, type-II urban areas, or new urban areas with a
predicted population scale similar to type-I or type-II urban areas or the
district-level planning, provincial planning, or regional planning (if any);
c) Detailed planning
shall be formulated based on one of the master plannings for type-III urban
areas, type-IV urban areas, type-V urban areas, or new urban areas with a
predicted population scale similar to type-III, type-IV, or type-V urban areas
or the district-level planning, commune-level planning, economic zone master
planning, national tourism zone master planning, or subdivision planning.
3. Underground space planning and specialized planning for
technical infrastructures shall be formulated based on the grounds prescribed
in Clause 1 of this Article and the centrally affiliated city planning and
provincial planning.
Article 16. Procedures
for formulating, appraising, and approving urban and rural planning objectives
and planning
1. Procedures for formulating, appraising, and approving urban
and rural planning objectives and planning include:
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b) Formulating planning
objectives;
c) Appraising planning
objectives;
d) Approving planning
objectives;
dd) Selecting planning formulation
counseling organizations;
e) Formulating planning;
g) Appraising planning;
h) Approving planning.
2. In case of formulating
detailed planning for industrial zones, export-processing zones, hi-tech parks,
hi-tech application agricultural parks, hi-tech application forestry parks,
concentrated information technology areas, focal areas of technical
infrastructures, and industrial clusters in areas subject to approved master
planning or subdivision planning, it is not required to formulate, appraise,
and approve the planning objectives prescribed in Points a, b, c, and d Clause
1 of this Article.
3. The Government of
Vietnam shall elaborate on the procedures for formulating, appraising, and
approving urban and rural planning objectives and planning.
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Article 17.
Responsibilities for formulating urban and rural planning objectives and
planning
1. The Ministry of Construction of
Vietnam shall formulate the following urban and rural planning objectives and
planning:
a) Master planning for
new urban areas with a planning scope relevant to the administrative boundaries
of 2 or more provinces;
b) Urban planning and
functional area planning assigned by the Prime Minister of Vietnam.
2. Agencies and
organizations established by the Prime Minister of Vietnam and assigned to
manage functional areas shall formulate planning objectives and planning for
such functional areas.
3. Agencies and
organizations affiliated with provincial People’s Committees assigned to manage
functional areas shall formulate planning objectives and planning for such
functional areas.
4. Excluding the cases
prescribed in Clauses 1, 2, and 3 of this Article, provincial People’s
Committees shall formulate urban and rural planning objectives and planning
subject to the administrative boundaries under their management in the
following cases:
a) Planning for centrally
affiliated cities, planning for economic zones, and planning for national
tourism zones;
b) Master planning for
new urban areas with a predicted population scale similar to type-I urban
areas; master planning for new urban areas with a planning scope concerning the
administrative boundaries of 2 or more affiliated district-level administrative
divisions;
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d) Subdivision planning
and detailed planning of areas with a planning scope concerning the
administrative boundaries of 2 or more affiliated district-level administrative
divisions;
dd) Master planning,
subdivision planning, and detailed planning for areas of national significance
in terms of politics, culture, history, security, and national defense
determined in national planning, regional planning, and centrally affiliated
city planning assigned by the Prime Minister of Vietnam.
5. Excluding the cases
prescribed in Clause 2, 3, 4, 7, and 8 of this Article, district-level People’s
Committees shall formulate urban and rural planning objectives and planning
subject to the administrative boundaries under their management in the
following cases:
a) Master planning for
district-level cities, master planning for district-level towns, and master
planning for commune-level towns; master planning for new urban areas with a
planning scope subject to the administrative boundaries of rural districts;
master planning for rural districts;
b) Subdivision planning
and detailed planning subject to the administrative boundaries under their
management or concerning the administrative boundaries of 2 or more affiliated
commune-level administrative divisions.
6. Excluding the cases
prescribed in Clauses 5, 7, and 8 of this Article, commune-level People’s
Committees shall formulate planning objectives, master planning for communes,
and detailed planning for rural residential areas and construction zones within
the administrative boundaries under their management.
7. Agencies and
organizations managing construction investment and land shall formulate
planning objectives, subdivision planning, or detailed planning for areas used
for auctions of land use rights or bidding for selecting investors for
land-based investment projects upon assignment from provincial or
district-level People’s Committees.
8. Investors under the
law on investment and relevant laws selected for investment projects shall
formulate planning objectives, subdivision planning for functional areas, and
detailed planning for areas determined for the implementation of investment
projects.
9. Agencies and
organizations formulating urban and rural planning prescribed in this Article
may assign their affiliated agencies and units to establish or select
counseling organizations with adequate professional capacity conformable with
the requirements of the work according to Clause 1 Article 18 of this Law to
formulate planning objectives or records on local adjustments to planning.
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Article 18. Conditions of counseling organizations and
individuals participating in formulation of urban and rural planning objectives
and planning
1. Domestic and
foreign counseling organizations formulating urban and rural planning
objectives and planning shall meet the capacity conditions according to the
law. Where foreign counseling organizations formulating urban and rural
planning objectives and planning in Vietnam do not register their operations,
they shall have operational licenses issued by competent state authorities.
2. Domestic and foreign individuals participating in the
formulation of urban and rural planning objectives and planning shall meet the
capacity conditions according to the law or mutual recognition agreements on
specialty and practice between Vietnam and other countries.
3. The Government of
Vietnam shall elaborate on this Article.
Article 19. Selection
of counseling organizations formulating urban and rural planning objectives and
planning; competitions for urban and rural planning ideas
1. The selection of counseling organizations formulating urban
and rural planning objectives and planning with funding from the state budget
shall comply with this Law and bidding laws.
2. Agencies and organizations responsible for formulating
urban and rural planning shall decide on the forms of selection of counseling
organizations formulating urban and rural planning objectives and planning
according to one of the following methods:
a) Organizing the
selection of counseling organizations following one of the contractor selection
methods according to bidding laws;
b) Organizing
competitions for urban and rural planning ideas according to this Law and
bidding laws.
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4. Competitions for urban
and rural planning ideas refer to the organization of competitions for schemes
for optimized planning ideas for planning formulation by agencies and
organizations responsible for formulating planning. Competitions for planning ideas
shall comply with the following regulations:
a) The organization of
competitions for planning ideas shall be proposed and determined in urban and
rural planning objectives approved by competent authorities;
b) Agencies and
organizations responsible for formulating planning shall decide on the
establishment of councils for planning idea competitions;
c) Participants of
planning idea competitions shall be counseling organizations with juridical
personalities ensuring the capacity conditions as per regulation in conformity
with planning requirements;
d) Information on the
competitions, councils for planning idea competitions, and competition results
shall be announced on mass media;
dd) Counseling
organizations with schemes for admitted planning ideas shall be selected to
provide urban and rural planning formulation counseling services under direct
contracting according to bidding laws.
5. The Government of Vietnam shall elaborate on the
competition and selection of counseling organizations formulating urban and
rural planning objectives and planning prescribed in this Article.
Article 20.
Responsibilities of counseling organizations formulating urban and rural
planning
1. Ensure the planning formulation progress and planning
quality.
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3. Assume responsibility for the origin and authenticity of
the figures and data collected and announced in approved urban and rural
planning.
4. Provide feedback upon request from state agencies during
the implementation of urban and rural planning formulated by them.
Article 21. Urban and
rural planning objectives
1. Urban and rural planning objectives include the following
key contents:
a) Determination of
reasons and necessity of the planning formulation; planning grounds;
orientations and requirements of planning subject to the system of national
planning and urban and rural planning of the higher level regarding areas
subject to planning formulation;
b) Planning scope and
boundaries; planning time limit; viewpoints and development objectives;
c) Requirements for
planning content; planning records; expected costs and determination of capital
sources for the formulation, appraisal, approval, and announcement of planning;
d) Planning formulation
progress, requirements for the content, form, and respondents on planning;
responsibilities of relevant agencies concerning planning formulation.
2. Where multiple
communes of a rural district require the formulation of the commune-level
master planning according to Point c Clause 1 Article 29 of this Law, the
district-level People’s Committee shall request the provincial People’s
Committee to decide on the mentioned matter in the district-level master planning
task.
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Article 22. Centrally
affiliated city master planning
1. Master planning for centrally affiliated cities includes:
a)
Determination of requirements and contents according to the approved national
planning, regional planning, or provincial planning;
b) Assessment of the
natural conditions and status quo of the socio-economic situation, population,
labor, and land use; status quo of the construction of technical
infrastructures, social infrastructures, houses, and environment;
c) Determination of
viewpoints, objectives, nature, and premises for the development; prediction
and determination of technical-economic targets of planning by development
stages;
d) Determination of
models, space structure, boundary scope, and development orientations of urban
and rural areas conformable with the orientations to the arrangement of
administrative divisions in the provincial planning; orientations of the urban
center system; urban designs and requirements for areas requiring preservation
and promotion of traditional values;
dd) Determination of
specific areas according to the requirements for management and development;
orientations of the structure of urban landscapes; determination of the use
scale of land subject to planning for specific functions by each stage, which
contains the demands for land use for the development of housing and social
housing; areas of national significance in terms of politics, culture, history,
and national defense (if any);
e) Orientations of
planning for underground spaces and framework technical infrastructure systems;
environmental protection requirements;
g) Determination of
stages of planning implementation in conformity with the period for national,
regional, and provincial planning.
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3. The master planning
period for centrally affiliated cities is 20 to 25 years, with a vision of up
to 50 years.
Article 23. Master
planning for district-level cities and district-level towns and master planning
for new urban areas expected to become district-level towns and district-level
cities
1. Master planning for district-level cities, district-level
towns, and new urban areas expected to become district-level towns and
district-level cities includes:
a) Determination of
requirements and contents according to the approved national planning, regional
planning, provincial planning, or centrally affiliated city planning;
b) Assessment of the
natural conditions and status quo of the socio-economic situation, population,
labor, and land use; status quo of the construction of technical infrastructures,
social infrastructures, houses, and environment;
c) Determination of
viewpoints, objectives, nature, and premises for the development; prediction
and determination of technical-economic targets of planning by development
stages;
d) Determination of
structure, boundary scope, and development orientations of urban and rural
space development; orientations of the urban center system; urban designs and
requirements for areas requiring preservation and promotion of traditional
values;
dd) Determination of
specific areas according to the requirements for management and development;
orientations of the structure of urban landscapes; determination of the use
scale of land subject to planning for specific functions by each stage, which
contains the demands for land use for the development of housing and social
housing;
e) Orientations of
planning for underground spaces regarding type-III urban areas or higher and
framework technical infrastructure systems; environmental protection
requirements;
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2. The content of master
planning for new urban areas expected to become district-level cities or
district-level towns shall analyze and clarify the establishment and
development grounds of such urban areas regarding urban area scale and boundary
scope conformable with the orientations of the arrangement of administrative
divisions in provincial planning and consistent and synchronized with regulations
on the corresponding urban classification criteria and urban administrative
division standards; propose urban development management models.
3. Drawings displaying
the content of master planning for district-level cities, district-level towns,
and new urban areas expected to become district-level cities or district-level
towns shall be formulated following the 1/10.000 ratio or 1/5.000 ratio
regarding contents concerning specific status quo, space development
orientations, land use, technical infrastructures, and social infrastructures
according to regulations of the Minister of Construction of Vietnam. Drawings
displaying other contents shall be formulated according to the ratio stipulated
by the Minister of Construction of Vietnam.
4. The
master planning period for district-level cities, district-level towns, and new
urban areas expected to become district-level cities or district-level towns is
20 to 25 years.
Article 24. Master
planning for commune-level towns and new urban areas expected to become commune-level
towns
1. Master planning for commune-level towns and new urban areas
expected to become commune-level towns includes:
a) Determination of
requirements and contents according to the approved national planning, regional
planning, provincial planning, or district-level master planning;
b) Assessment of the
natural conditions and status quo of the socio-economic situation, population,
labor, and land use; status quo of the construction of technical
infrastructures, social infrastructures, houses, and environment;
c) Determination of
viewpoints, objectives, nature, and premises for the development; prediction
and determination of technical-economic targets of planning by development
stages;
d) Determination of the
use scale of land subject to planning for specific functions by each stage;
organization of space, urban designs, and requirements for areas requiring
preservation and promotion of traditional values;
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e) Determination of
implementation plans by development stages in conformity with the provincial
planning period.
2. The content of master
planning for new urban areas expected to become commune-level towns shall
analyze and clarify the establishment and development grounds of such urban
areas regarding urban area scale and boundary scope conformable with the
orientations of the arrangement of administrative divisions in provincial
planning and consistent and synchronized with regulations on the criteria for
the classification of urban areas and standards of administrative divisions
being commune-level towns; propose urban development management models.
3. Drawings displaying
the content of master planning for commune-level towns and new urban areas
expected to become commune-level towns shall be formulated following the
1/5.000 ratio regarding contents concerning specific status quo, space
development orientations, land use, technical infrastructures, and social
infrastructures. Drawings displaying other contents shall be formulated
according to the ratio stipulated by the Minister of Construction of Vietnam.
4. The
master planning period for commune-level towns and new urban areas expected to
become commune-level towns is 20 to 25 years.
Article 25.
Subdivision planning for urban areas
1. Subdivision planning for urban areas includes:
a) Determination of the
technical-economic targets regarding the planning scope;
b) Determination of
principles and solutions to the organization of spaces and architectural
landscapes for areas subject to planning formulation;
c) Determination of
targets concerning population, use of land subject to planning, and technical
infrastructures for each block by subdivision-level roads;
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dd) Environmental
protection solutions.
2. Drawings displaying
the content of subdivision planning for urban areas shall be formulated
following the 1/5.000 or 1/2.000 ratio.
3. The subdivision
planning period shall be determined based on the master planning period and the
management and development requirements.
4. The time limit for
formulating and approving subdivision planning shall comply with the
regulations of the Government of Vietnam.
Article 26. Detailed
planning for urban areas
1. Detailed planning for urban areas includes:
a) Determination of the
technical-economic targets regarding the planning scope;
b) Organization of
spaces, architectural landscapes, urban designs, and regulations on works
requiring preservation;
c) Arrangement of
technical infrastructure works, social infrastructure works, housing, and
social housing (if any);
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dd) Regulations on the
functions and use targets of land subject to planning for each land parcel;
e) Environmental
protection solutions.
2. When formulating
detailed planning for new road axes in urban areas, it is necessary to
determine the mandatory planning scope of each side from outside of the
red-line boundary of the road, meeting the management and development
requirements and conforming with the conditions for the status quo,
architectural structure, and urban space organization.
3. Drawings displaying
the content of detailed planning for urban areas shall be formulated following
the 1/500 ratio.
4. The detailed planning
period shall be determined based on the subdivision planning or master planning
period in cases where subdivision planning is not formulated and the management
and development requirements.
5. Where construction
projects are terminated by competent authorities under relevant laws, detailed
planning of such projects shall cease to have effect.
Article 27. Urban
designs
1. Urban design is a content of urban planning; regarding
cases prescribed in Clause 7 Article 3 of this Law, formulate separate urban
designs.
2. Urban designs in planning shall be displayed in conformity
with each planning level as follows:
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b) Urban designs in
subdivision planning for urban areas shall include the determination of the
control targets of setback and urban landscapes along main road axes and
central areas; open-space areas, highlight works, and each block for design
areas, parks, green trees, and water surfaces;
c) Urban designs in
detailed planning for urban areas shall include the determination of high-rise
highlight works for construction for each land parcel and the whole area; the
setback of works on each street and intersection; parks, green trees, water surfaces,
and open spaces.
3. Regulations on separate urban designs:
a) The formulation,
appraisal, approval, adjustment, and review of separate urban designs shall
comply with the regulations applicable to detailed planning for urban areas;
b) Separate urban designs
shall include the determination of the scope of separate urban design
formulation; principles of determining the number of storeys to be constructed
for each work; work setback on each street and intersection; principles of
determining the colors and materials of works and other architectural objects;
organization of green trees for public use, parks, and water services;
regulations on management by separate urban designs;
c) Drawings displaying
the content of separate urban designs shall be formulated following the 1/500
ratio.
4. The Minister of
Construction of Vietnam shall elaborate on the content and records of separate
urban designs.
Section 3. RURAL
PLANNING FORMULATION
Article 28. Master
planning for rural districts
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a) Determination of
contents according to the approved provincial planning or centrally affiliated
city planning;
b) Assessment of the
natural conditions and status quo of the socio-economic situation, population,
labor, and land use; status quo of the construction of technical
infrastructures, social infrastructures, houses, and environment;
c) Determination of
development objectives and motivations; prediction and determination of
technical-economic targets of planning by development stages;
d) Space development
orientations of urbanized areas, agricultural and industrial manufacturing
areas, small handicraft manufacturing areas, craft villages, and services of
rural districts, communes, and specific areas according to management and
development requirements; orientations of architectural landscapes;
dd) Determination of
urban networks and rural residential areas to commune areas; center systems of
the district level or the multi-commune level;
e) Orientations of framework
technical infrastructure systems and underground spaces (if any); environmental
protection requirements;
2. Drawings displaying
the content of master planning for rural districts shall be formulated
following the ratio from 1/25.000 to 1/5.000 corresponding to the ratio of
district-level maps for the use of land subject to planning according to land
laws.
3. The
master planning period for rural districts is 20 to 25 years.
Article 29. Master
planning for communes
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a) Communes subject to
the remaining areas of rural districts in the case prescribed in Clause 4
Article 5 of this Law;
b) Communes subject to
the remaining areas of rural districts in the case prescribed in Clause 8
Article 5 of this Law;
c) Communes with specific
characteristics concerning the distribution of population, areas, natural
conditions, landscapes, socio-economic development requirements, national
defense, security, culture, and special matters requiring the formulation of
separate master planning for communes as decided by provincial People’s
Committees in district-level master planning objectives.
2. Master planning for
communes includes:
a) Determination of requirements
and contents according to the approved provincial planning, centrally
affiliated city planning, or district-level master planning (if any);
b) Assessment of the
natural conditions, social conditions, and natural resources; status quo of the
construction of technical infrastructures, social infrastructures, housing, and
environment; determination of development potentials and motivations;
c) Prediction and
determination of technical-economic targets and use targets of land subject to
planning and rural residential area networks;
d) Orientations of the
organization of comprehensive spaces and architectural landscapes;
dd) Orientations of the
development of commune center systems, rural residential areas, areas requiring
preservation, functional areas for agricultural and industrial manufacturing,
small handicraft manufacturing areas, craft villages, services, and technical
infrastructure work systems; environmental protection requirements.
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4. The
master planning period for communes is 10 to 20 years.
Article 30. Detailed
planning for construction areas determined in master planning for rural
districts or communes
1. Detailed planning for construction areas determined in
master planning for rural districts or communes includes:
a) Determination of the
locations, functions, areas, and scale of the construction of works;
b) Determination of
technical-economic targets regarding the planning formulation scope;
requirements for the arrangement of spaces and architectural landscapes for
areas for construction of housing works, working headquarters of administrative
agencies, and works concerning education, health, culture, sports, gymnastics,
trade, and services (if any);
c) Determination of works
requiring preservation and promotion of traditional values (if any);
d) Planning for technical
infrastructures and infrastructures serving manufacturing;
dd) Environmental
protection solutions.
2. Drawings displaying
the content of detailed planning for construction areas in rural districts or
communes shall be formulated following the 1/500 ratio.
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4. Where
construction projects are terminated by competent authorities under relevant
laws, detailed planning of such projects shall cease to have effect.
Section 4. FUNCTIONAL
AREA PLANNING FORMULATION
Article 31. Master planning for economic zones and national
tourism zones
1. Master planning for economic zones and national tourism
zones includes:
a) Determination of
requirements and contents according to the approved national planning, regional
planning, provincial planning, or centrally affiliated city master planning;
b) Assessment of the
natural conditions and status quo of the socio-economic situation, population,
labor, and land use; status quo of the construction of technical
infrastructures, social infrastructures, houses, and environment;
c) Determination of
development objectives and motivations; prediction and determination of
technical-economic targets by development stages;
d) Orientations of the
development of spaces and architectural landscapes of areas in functional
areas; requirements for areas requiring preservation and promotion of
traditional values (if any);
dd) Orientations of the
development of urban areas and rural residential areas;
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g) Determination of the
scale of the use of land subject to planning for specific functions; use
targets of land subject to planning for each block by subdivision-level roads;
h) Determination of
implementation plans by development stages.
2. Drawings displaying
the content of master planning for economic zones and national tourism zones
shall be formulated following the 1/10.000 ratio or 1/5.000 ratio prescribed by
the Minister of Construction of Vietnam.
3. The
master planning period for economic zones and national tourism zones is 20 to
25 years.
Article 32.
Subdivision planning for functional areas
1. Subdivision planning for functional areas includes:
a) Determination of
technical-economic targets; principles and solutions to the organization of
spaces and architectural landscapes; requirements for preservation and
promotion of traditional values (if any) for the areas subject to planning
formulation;
b) Determination of
functions and targets concerning population and use of land subject to planning
for each land parcel in areas subject to planning formulation;
c) Arrangement of social
infrastructure work systems in conformity with use demands;
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dd) Environmental
protection solutions.
2. Drawings displaying the content of subdivision planning for
functional areas shall be formulated following the 1/2.000 ratio.
3. The subdivision planning period
for functional areas shall be determined based on the master planning period
for urban areas or rural districts and the management and development
requirements.
Article 33. Detailed
planning for functional areas
1. Detailed planning for functional areas includes:
a) Determination of
technical-economic targets, functions, and use targets of land subject to
planning for each land parcel;
b) Principles of
organizing spaces, architectural landscapes, and preservation requirements (if
any) for areas subject to planning;
c) Arrangement of
technical infrastructure works, social infrastructure works, housing, and
social housing (if any) in conformity with use demands; requirements for urban
designs;
d) Arrangement of
underground public works and underground traffic works (if any);
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2. Drawings displaying the content of detailed planning for functional
areas shall be formulated following the 1/500 ratio.
3. The time limit for detailed planning for functional areas
shall be determined based on master planning or subdivision planning and the
management and development requirements.
4. Where
construction projects are terminated by competent authorities under relevant
laws, detailed planning of such projects shall cease to have effect.
Section 5. FORMULATION
OF UNDERGROUND SPACE PLANNING AND SPECIALIZED PLANNING FOR TECHNICAL
INFRASTRUCTURES FOR CENTRALLY AFFILIATED CITIES;
Article 34.
Underground space planning for centrally affiliated cities
1. Underground space planning includes:
a) Determination of
requirements and contents according to the approved centrally affiliated city
planning;
b) Determination of
natural conditions, work geology, and hydrological geology;
c) Assessment of the
status quo of the construction of works above ground and underground;
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dd) Determination of
areas for utilization and use of underground spaces, restriction areas, and
areas where the construction of underground works is prohibited;
e) Determination of areas
for underground work construction established according to independent
projects; underground traffic works; areas for the construction of works above
ground to connect underground works; requirements for environmental protection;
g) Determination of
planning implementation stages.
2. Drawings displaying
the content of underground space planning shall be formulated following the
1/10.000 ratio or 1/5.000 ratio prescribed by the Minister of Construction of
Vietnam.
3. The
time limit for underground planning shall be determined based on centrally
affiliated city master planning.
Article 35.
Specialized planning for technical infrastructures for centrally affiliated
cities
1. Specialized planning for technical infrastructures shall be
separately formulated for traffic; water supply; ground level and drainage;
solid waste management and cemetery services. The boundary scope of the
formulation of specialized planning for technical infrastructures includes all
the administrative boundaries of centrally affiliated cities, including the
requirements and capacity for connecting to relevant infrastructures, the
spaces above ground, underground, and underwater, and the relevant scope
outside such cities.
2. Specialized planning for technical infrastructures
includes:
a) Determination of
requirements and contents according to the approved centrally affiliated city
planning;
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c) Determination of
planning objectives and use demands; prediction and determination of
technical-economic targets and land use demands for technical infrastructure
construction;
d) Determination of the
locations, capacity scale, routes, and service scope of technical
infrastructure works; environmental protection requirements;
dd) Determination of
planning implementation stages.
3. Drawings displaying
the content of specialized planning for technical infrastructures shall be
formulated following the 1/10.000 ratio or 1/5.000 ratio prescribed by the
Minister of Construction of Vietnam.
4. The
time limit for specialized planning for technical infrastructures shall be
determined based on centrally affiliated city master planning.
Section 6. SOLICITING
OPINIONS ON URBAN AND RURAL PLANNING OBJECTIVES AND PLANNING
Article 36. Soliciting
opinions on urban and rural planning objectives
1. The responsibility for soliciting opinions is stipulated as
follows:
a) Agencies and
organizations responsible for formulating urban and rural planning objectives
shall solicit opinions during the formulation of planning objectives. Regarding
urban and rural planning objectives subject to the formulating responsibility
of the Ministry of Construction of Vietnam, provincial People’s Committees
shall organize opinion solicitation;
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2. Respondents shall be relevant state management authorities.
3. The content subject to opinion soliciting includes the
content of urban and rural planning objectives; regarding the content subject
to state secrets, it is mandatory to comply with state secret protection laws.
4. Opinion soliciting from relevant state management authorities
on urban and rural planning objectives shall be carried out by sending specific
records to such entities for research and submission of written opinions. Requested
authorities shall provide written opinions within 7 working days after
receiving the adequate records as per regulation.
5. Agencies and organizations responsible for formulating
urban and rural planning objectives shall summarize, acquire, explain, and
complete the planning task records before presenting them for appraisal and
approval. The content of the acquisition and explanation reports shall be
announced, ensuring regulations on democracy, publicity, and transparency.
Article 37. Soliciting
opinions on urban and rural planning
1. The responsibility for soliciting opinions is stipulated as
follows:
a) Agencies and
organizations responsible for formulating urban and rural planning shall
solicit opinions during the formulation of planning. Regarding urban and rural
planning subject to the formulating responsibility of the Ministry of
Construction of Vietnam, provincial People’s Committees shall organize opinion
solicitation;
b) Agencies appraising
urban and rural planning shall solicit opinions during planning appraisal.
2. Respondents on urban and rural planning are stipulated as
follows:
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b) Regarding master
planning for district-level cities and district-level towns with an expected
population scale similar to type-II urban areas or type-III urban areas, master
planning for new urban areas with an expected population scale similar to
type-II urban areas or type-III urban areas, and underground space planning and
specialized planning for technical infrastructures of centrally affiliated
cities, provincial People’s Committees shall solicit written opinions from the
Ministry of Construction of Vietnam before holding Appraisal Councils’
meetings;
c) Regarding planning
subject to the approving jurisdiction of district-level People’s Committees,
district-level People’s Committees shall solicit written opinions from urban
and rural planning authorities affiliated with provincial People’s Committees
before holding Appraisal Councils’ meetings.
3. The content subject to opinion solicitation includes the
content of urban and rural planning; regarding the content subject to state
secrets, it is mandatory to comply with state secret protection laws.
4. Regarding the case prescribed in
Point b Clause 2 of this Article, the Ministry of Construction of Vietnam shall
provide feedback on the assurance of conformity with the requirements for the
development and connection of regional and provincial technical infrastructures
and compliance with regulations and standards applied in planning.
5. Regarding the case prescribed in Point c Clause 2 of this
Article, urban and rural planning authorities affiliated with provincial People’s
Committees shall provide feedback on the assurance of conformity with the
requirements for the development and connection of provincial technical
infrastructures and compliance with regulations and standards applied in
planning.
6. The opinion solicitation
from relevant state management authorities, organizations, and experts on urban
and rural planning shall be carried out by sending specific records to such
entities for research and submission of written feedback. Requested
authorities, organizations, and experts shall provide written feedback within
15 days after receiving the adequate records as per regulation.
7. The opinion
solicitation from relevant residential communities on planning shall be carried
out according to the following regulations:
a) The opinion
solicitation shall be carried out by one or more of the following methods:
sending records and documents to solicit written opinions from the people;
posting up and exhibiting the subject matters in public places to receive
feedback from the people; other methods according to the law on the
implementation of grassroots-level democracy;
b)
The opinion solicitation period shall be at least 20 days and up to 30 days
from the date of announcement of the content subject to opinion solicitation. Where adequate feedback is received from residential
communities when the opinion solicitation period has yet to pass, agencies and
organizations responsible for formulating urban and rural planning shall carry
out the subsequent steps;
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8.
Agencies and organizations responsible for formulating urban and rural
planning shall summarize, acquire, explain, and complete the planning records
before presenting them for appraisal and approval. The content of the
acquisition and explanation reports shall be announced publicly and
transparently.
Section 7. APPRAISAL
AND APPROVAL FOR URBAN AND RURAL PLANNING OBJECTIVES AND PLANNING
Article 38. Agencies
appraising urban and rural planning objectives and planning
1. The Ministry of Construction of Vietnam shall appraise
urban and rural planning objectives and planning subject to the approving
jurisdiction of the Prime Minister of Vietnam.
2. Urban and rural planning authorities affiliated with
provincial People’s Committees shall appraise urban and rural planning
objectives and planning subject to the approving jurisdiction of provincial
People’s Committees.
3. Urban and rural
planning authorities affiliated with district-level People’s Committees shall
appraise urban and rural planning objectives and planning subject to the
approving jurisdiction of district-level People’s Committees.
4. Specialized agencies
under agencies and organizations managing functional areas competent to approve
urban and rural planning objectives and planning shall appraise the urban and
rural planning objectives and planning under their approving jurisdiction.
Article 39. Appraisal
Councils for urban and rural planning objectives and planning
1. The establishment of Appraisal Councils is stipulated as
follows:
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b) The People’s
Committees competent to approve urban and rural planning objectives and
planning shall decide on the establishment of Appraisal Councils for urban and
rural planning objectives and planning under their jurisdiction. Presidents or
Vice Presidents of provincial and district-level People’s Committees or
authorized persons shall be the Presidents of Appraisal Councils;
c) The agencies and
organizations managing functional areas competent to approve urban and rural
planning objectives and planning shall decide on the establishment of Appraisal
Councils for urban and rural planning objectives and planning under their
jurisdiction. Heads of such agencies shall be the Presidents of Appraisal
Councils.
2. An Appraisal Council
includes representatives of state management authorities, socio-vocational
organizations, experts in relevant fields, and reviewers.
3. Appraisal Councils
shall work under collective mechanisms and take responsibility for appraising
urban and rural planning objectives and planning according to the assignment of
appraisal agencies.
4. Responsibilities of
the President of an Appraisal Council and its members:
a) The President of the
Appraisal Council shall manage the meetings of the Appraisal Council and make
written conclusions by majority in appraisal meetings;
b) Members of the
Appraisal Council shall research the records, provide feedback on urban and
rural planning objectives and planning, and participate, assess, and assume
responsibility for the results of their assessments regarding the content of
urban and rural planning objectives and planning in meetings of the Appraisal
Council.
Article 40. Appraisal
of urban and rural planning objectives and planning
1. Content of the appraisal of urban and rural planning
objectives includes:
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b) Conformity of urban
and rural planning objectives with national planning, regional planning,
provincial planning, master planning, or subdivision planning.
2. Content of the
appraisal of urban and rural planning includes:
a) Compliance with
procedures for formulating urban and rural planning according to this Law;
b) Satisfaction of the
conditions of counseling organizations participating in the formulation of
urban and rural planning according to Article 18 of this Law;
c) Grounds for
formulating urban and rural planning prescribed in Article 15 of this Law;
d) Conformity with
planning objectives and applied regulations and standards;
dd) Compliance with the
principles and requirements for urban and rural planning according to Articles
6 and 7 of this Law and the requirements for the content of each type of urban
and rural planning.
3. Reports on the
appraisal of urban and rural planning objectives and planning of appraisal
agencies shall display the feedback of Appraisal Councils regarding the content
of the appraisal of urban and rural planning objectives and planning prescribed
in Clauses 1 and 2 of this Article and conclusions on the conditions for
approval presentation. Reports on the planning appraisal shall be presented to
competent authorities for consideration for issuance of decisions to approve
urban and rural planning objectives and planning.
4. The time limit for
appraising planning objectives shall be no more than 15 days; the time limit
for appraising planning shall be no more than 30 days from the date on which
the appraisal agencies receive adequate records as per regulation.
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Article 41. Authority
to approve urban and rural planning objectives and planning
1. The Prime Minister of Vietnam shall approve the following
urban and rural planning objectives and planning:
a) Master planning for
centrally affiliated cities, master planning for district-level cities being
type-I urban areas, master planning for new urban areas in specific provinces
or centrally affiliated cities with an expected population scale similar to
type-I urban areas, and master planning for new urban areas with a planning
scope concerning the administrative boundaries of 2 provinces or more;
b) Master planning for
economic zones and master planning for national tourism zones; master planning
for cities and district-level towns regarding the case prescribed in Clause 3
Article 5 of this Law;
c) Master planning,
subdivision planning, and detailed planning for areas of national significance
in terms of politics, culture, history, security, and national defense
determined in national planning, regional planning, and centrally affiliated
city planning;
d) Urban and rural
planning formulated by the Ministry of Construction of Vietnam according to
Clause 1 Article 17 of this Law;
dd) Detailed planning of
national defense and security projects requiring state secret protection.
2. Provincial People’s
Committees shall approve urban and rural planning objectives and planning
subject to the administrative boundaries under their management in the
following cases:
a) Underground space
planning and specialized planning for technical infrastructures of centrally
affiliated cities;
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c) Subdivision planning
for special-type urban areas, type-I urban areas, and new urban areas with a
population scale similar to type-I urban areas; subdivision planning and
detailed planning for functional areas with a planning scope concerning the
administrative boundaries of 2 or more district-level administrative divisions,
excluding the planning prescribed in Points c, d, and dd Clause 1 and Clause 4
of this Article.
3. District-level
People’s Committees shall approve planning objectives, commune-level master
planning, subdivision planning, and detailed planning within the administrative
boundaries under their management, excluding the planning prescribed in Clauses
1, 2, and 4 of this Article.
4. Agencies and organizations
established by the Prime Minister of Vietnam and assigned to manage functional
areas and agencies and organizations affiliated with provincial People’s
Committees assigned to manage functional areas shall have the authority to
approve planning objectives, subdivision planning, and detailed planning for
functional areas.
Regarding subdivision
planning and detailed planning for functional areas, before approving them,
there must be consistent feedback in writing from urban and rural planning
authorities of provincial People’s Committees on the assurance of conformity
with the requirements for the connection of provincial technical
infrastructures and compliance with the regulations and standards applied in
planning.
Article 42. Forms and
contents of approval for urban and rural planning objectives and planning
1. Urban and rural planning objectives and planning shall be
approved by competent agencies and organizations prescribed in Article 41 of
this Law via decisions.
2. Decisions on approval for urban and rural planning
objectives and planning shall contain the major content prescribed 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 the approved
planning records that are enclosed.
3. Urban and rural planning records shall have the confirmation
stamps of appraisal agencies.
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Article
43. Urban and rural planning review
1. Urban and rural planning shall be reviewed and assessed
regarding the implementation progress periodically or upon demands for
adjustments to urban and rural planning based on the adjustment conditions
prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7 Article 45 of this Law.
2.
The time limit for the periodic review of
urban and rural planning is 5 years from the date on which the urban and rural
planning is approved.
3. People’s Committees at
all levels and agencies and organizations competent to approve planning for
functional areas prescribed in Clause 4 Article 41 of this Law shall review and
summarize the results of the review of approved urban and rural planning within
the administrative boundaries under their management.
4. The results of the
review of urban and rural planning shall be reported to agencies and
organizations competent to approve urban and rural planning.
Article 44. Content of
reports on results of urban and rural planning reviews
1. Reports on the result of periodic urban and rural planning
reviews include:
a) Situation of the
formulation of relevant urban and rural planning;
b) Implementation of
construction projects according to approved urban and rural planning;
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d) Assessment of
compliance with technical-economic targets and use targets of land subject to
planning determined in the approved urban and rural planning;
dd) Analysis and
assessment of the impacts of new factors during the implementation of urban and
rural planning and socio-economic development at areas subject to planning
formulation;
e) Suggestions and
proposals.
2. Reports on the results of urban and rural planning reviews
upon demands for adjustments to urban and rural planning include:
a) Determination of
content, analysis, and assessment of the impact of new factors on the content
of the approved urban and rural planning;
b) Assessment of
technical-economic targets and use targets of land subject to planning and
implementation of approved and implemented investment projects;
c) Suggestions and
proposals for the level and content requiring comprehensive or local
adjustments.
3. Reports on urban and
rural planning review results shall enclose relevant drawings and legal
documents.
Article 45. Conditions
for adjusting urban and rural planning
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2. Upon adjustments to
the administrative boundaries or conflicts between urban and rural planning,
affecting the nature, function, and scale of urban areas, rural districts,
communes, functional areas, or areas subject to planning formulation, excluding
the case prescribed in Point a Clause 2 Article 8 of this Law.
3. Projects subject to
approval, decisions on investment guidelines, decisions on approval for
investors, and decisions on approval for investment guidelines and investors
under public investment, public-private partnership investment, and investment
law of the National Assembly of Vietnam and the Prime Minister of Vietnam that
affect the land use and architectural spaces of areas subject to formulated and
approved planning.
4. Upon changes to
climatic, geological, and hydrological conditions or impacts of natural
disasters or wars or requirements for national defense and security assurance,
affecting land use and architectural spaces of areas subject to formulated and
approved planning.
5. Upon service for
national benefits and community benefits when changing the land use demands for
technical and social infrastructures according to development policies of each
stage or changing the use targets of land subject to planning or targets of
average housing floor area per capita according to local plans for housing
development on the basis of ensuring that the technical and social
infrastructures of areas subject to formulated and approved planning are not
overloaded.
6. The implementation of
urban and rural planning is not possible or negatively affects socio-economic
development, national defense and security, social security, ecological
environment, historical relics, and culture.
7. Construction projects
whose investment guidelines, approved by competent authorities under the law,
affect the land use and organization of spaces of land subject to other
projects.
8. When it is necessary
to adjust the boundaries, specific use targets of land subject to planning, or
specialized technical requirements for specific land parcels for the
implementation of projects on the construction of concentrated or separate
works in areas subject to formulated and approved detailed planning.
Article 46. Types of
adjustments to urban and rural planning and adjustment principles
1. Comprehensive adjustments to urban and rural planning are
stipulated as follows:
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b) Comprehensive
adjustments to urban and rural planning shall satisfy the practical
requirements, conform with the socio-economic development trend and development
orientation of urban areas, rural districts, communes, and functional areas in
the future, and improve the quality of the living environment, infrastructures,
and urban and rural architectural landscapes; ensure the inheritance nature
without causing any difficulty to construction projects that are being
implemented.
2. Local adjustments to urban and rural planning are
stipulated as follows:
a) Local adjustments to
urban and rural planning shall be carried out based on the results of urban and
rural planning reviews and upon one of the conditions for adjusting planning
prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7 Article 45 of this Law but the
content expected to be adjusted does not change the nature, function, boundary
scope, and main planning solutions of areas with formulated and approved
planning. It is necessary to assess the impact of local adjustments to planning
to ensure that the technical and social infrastructures are not overloaded and
comply with urban and rural planning regulations.
Upon the conditions
prescribed in Clause 8 Article 45 of this Law, detailed planning shall receive
local adjustments without undergoing planning reviews;
b) Local adjustments to
urban and rural planning shall not implement the procedures for formulating,
appraising, and approving planning objectives. Agencies and organizations
responsible for formulating urban and rural planning may formulate records of
local adjustments to planning or select counseling organizations meeting the
requirements prescribed in this Law to formulate records of local adjustments
to planning.
Article 47. Procedures
for adjusting urban and rural planning
1. Procedures for comprehensive adjustments to urban and rural
planning are stipulated as follows:
a) Agencies and
organizations responsible for formulating urban and rural planning according to
Article 17 of this Law shall submit reports to authorities competent to approve
urban and rural planning for consideration for approval for guidelines on the
comprehensive adjustments to urban and rural planning based on the reports on
the results of planning reviews;
b) After receiving
approval for the guidelines from the competent authorities mentioned above, the
formulation, appraisal, and approval for comprehensive adjustments to planning
and the announcement shall be carried out according to the procedures for
formulating, appraising, approving, and announcing planning according to this
Law.
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a) Agencies and
organizations responsible for formulating urban and rural planning according to
Article 17 of this Law shall formulate records of local adjustments to planning
according to regulations of the Minister of Construction of Vietnam; solicit
opinions on the content and plans for local adjustments to planning regarding
relevant state management authorities and residential communities in areas
subject to planning adjustments and directly affected surrounding areas
according to Article 37 of this Law;
b) Appraisal agencies
prescribed in Article 30 of this Law shall appraise the grounds for formulating
planning, adjustment conditions, and the content of local adjustments to
planning;
c) Agencies and
organizations competent to approve urban and rural planning according to
Article 41 and Clauses 2 and 3 Article 48 of this Law shall decide on the
approval for local adjustments to planning. Decisions on approval for local
adjustments to urban and rural planning shall display the adjusted content and
enclose the records of local adjustments to planning;
d) Agencies and organizations
responsible for formulating urban and rural planning shall update and display
the adjusted content in planning records. The content of local adjustments to
urban and rural planning shall be announced under Article 50 of this Law.
3. The Minister of
Construction of Vietnam shall elaborate on the records of urban and rural
planning reviews and adjustments.
Article 48. Authority
to approve adjustments to urban and rural planning
1. Agencies and organizations competent to approve urban and
rural planning objectives and planning according to Article 41 of this Law
shall approve adjustments to planning.
2. Regarding planning subject to the approving jurisdiction of
the Prime Minister of Vietnam formulated by provincial People’s Committees,
provincial People’s Committees shall formulate, appraise, approve, and announce
local adjustments to planning following the procedures prescribed by the Prime
Minister of Vietnam.
3. Regarding urban and rural
planning subject to the approving jurisdiction of provincial People’s
Committees formulated by district-level People’s Committees, district-level
People’s Committees shall formulate, appraise, approve, and announce local
adjustments to planning following the procedures prescribed by provincial
People’s Committees.
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MANAGEMENT OF URBAN AND RURAL
PLANNING
Article 49. Urban and
rural planning-based management regulations
1. Urban and rural planning-based management regulations shall
be promulgated by competent authorities after planning is approved.
Regarding planning
subject to the approving jurisdiction of the Prime Minister of Vietnam,
provincial People’s Committees shall promulgate planning-based management
regulations after receiving written consent from the Ministry of Construction
of Vietnam. Regarding master planning for new urban areas with a scope
concerning the administrative boundaries of 2 or more provinces formulated by
the Ministry of Construction of Vietnam, the Ministry of Construction of
Vietnam shall promulgate urban and rural planning-based management regulations.
2. Draft urban and rural planning-based management regulations
shall enclose records of presentation for appraisal and approval for planning
and separate urban designs.
3. Urban and rural
planning-based management regulations shall conform with the approved planning,
separate urban designs, and specify the implementation principles.
4. The Government of
Vietnam shall elaborate on Clause 3 of this Article.
Article 50. Urban and
rural planning announcement
1. The content of urban and rural planning shall be announced
publicly within 15 days from the approval date of such planning. Regarding
contents being state secrets, ensure compliance with state secret protection
laws.
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a) Decisions on approval
for planning objectives (if any);
b) Decision on approval
for planning;
c) Planning drawings;
d) Planning
presentations;
dd) Urban and rural
planning-based management regulations.
2. Agencies and
organizations responsible for formulating urban and rural planning shall
publicly announce their planning, excluding the following cases:
a) Provincial People’s
Committees shall publicly announce planning formulated by the Ministry of
Construction of Vietnam in their areas;
b) Authorities competent
to approve planning shall publicly announce planning formulated by investors.
3. Urban
and rural planning shall be announced at the headquarters and regularly and
continuously posted on the web portals of agencies and organizations
responsible for formulating planning and the national information system
concerning planning under one or several of the following forms:
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b) Exhibitions of the
system of urban and rural planning drawings or models (if any);
c) Organization of
conferences and seminars;
d) Publications.
Article 51. Master
planning implementation plans
1. People’s Committees competent to approve planning shall,
based on the approved master planning, formulate and promulgate master planning
implementation plans, ensuring efficiency, feasibility, and conformity with
practical requirements. Regarding master planning subject to the approving jurisdiction
of the Prime Minister of Vietnam, provincial People’s Committees shall
formulate and promulgate master planning implementation plans.
2. Requirements for master planning implementation plans:
a) Conformity with the
content of the approved planning and promulgated planning-based management
regulations;
b) Feasibility assurance
in terms of time, resources, and implementation conditions;
c) Determination of the
progress and responsibilities of agencies in the implementation in compliance
with the law;
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3. Content of master planning implementation plans:
a) Determination of the
list and progress of the formulation of urban and rural planning levels, urban
designs, underground planning, and specialized planning for technical
infrastructures for centrally affiliated cities following 5-year and annual
plans;
b) Expected annual
capital demands for implementing urban and rural planning; proposals for mechanisms
and policies on the arrangement and mobilization of resources for
implementation according to the plans;
c)
Assignment of responsibilities of implementation agencies;
d) Inspection and
supervision plans;
dd) Regulations on the
content, result assessment criteria, and regulations on reports on the planning
implementation results;
e) Other relevant
contents.
Article 52. Urban and
rural planning-based marking
1. Urban and rural planning-based marking shall be carried out
in the following cases:
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b) Marking red-line
boundaries, construction boundaries, construction elevations, and boundaries of
areas where construction is prohibited for detailed planning.
2. People’s Committees at
all levels, organizations, and investors responsible for formulating urban and
rural planning prescribed in Article 17 of this Law shall formulate marking
records and carry out in-the-field marking or apply information technology.
3. The marking shall be
carried out according to marking records. Marking records shall be formulated
by specialized units for topography and cartography and approved by agencies
and organizations competent to approve urban and rural planning.
4. Urban and rural
planning authorities of provincial People’s Committees and district-level
People’s Committees shall archive the approved marking records and provide
documents relevant to the landmarks for requesting organizations and
individuals. Organizations and investors that have carried out the marking
according to Clause 2 of this Article shall submit marking records to urban and
rural planning authorities according to the regulations of the Minister of
Construction of Vietnam.
5. When urban and rural
planning is adjusted, the marking shall be adjusted according to the adjusted
planning.
6. The Minister of
Construction of Vietnam shall elaborate on the formulation and archiving of
marking records, marking costs, marking, and landmark management according to
urban and rural planning.
Article 53. Urban and
rural planning content-based management
1. People’s Committees at
all levels and agencies and organizations competent to approve planning for
functional areas prescribed in Article 41 of this Law shall manage the content
of planning approved by competent authorities within the administrative
boundaries under their management, which include parks, green trees, and water
surfaces.
2. The Government of
Vietnam shall elaborate on the management of parks, green trees, and water
surfaces in urban and rural areas.
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1. The urban and rural
planning database includes electronic data of planning records after approval
and the geographical database on urban and rural planning in association with
the standardized national geographical background database system. Information
systems and databases shall be developed, managed, and shared consistently
nationwide, serving urban and rural planning operations.
2. The urban and rural
planning database shall be developed during the formulation and implementation
of planning and regularly updated; ensure consistent connections with the
national database on planning and national database on land; serve the
management; satisfy the requirements for publicity, transparency, and rights to
access information of agencies, organizations, and people.
3. The Government of
Vietnam shall stipulate the development, management, operation, and utilization
of the urban and rural planning database.
Article 55. Access and provision of information on urban
and rural planning
1. Agencies, organizations, and individuals may access the
following information on urban and rural planning:
a) Information on
approved and announced planning of the urban and rural planning system;
b) Promulgated urban and
rural planning-based management regulations and plans for master planning
implementation;
c) Information on
administrative procedures concerning urban and rural planning;
d) Legislative documents
on urban and rural planning.
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3. The provision of information by requests concerning urban
and rural planning shall be carried out in the form of explanations in person
or writing.
Article 56. Archiving
of records and documents on urban and rural planning objectives and planning
1. Records and documents on approved urban and rural
planning objectives and planning shall be archived under the law on archives. Archived
documents and records include:
a) Records of
presentation for appraisal of planning objectives and records of presentation
for appraisal of planning;
b) Records of
presentation for approval for planning objectives and records of presentation
for approval for planning;
c) Reports on planning
objectives appraisal and reports on planning appraisal;
d) Decisions on approval
for planning objectives and decisions on approval for planning.
2. Agencies
and organizations engaging in urban and rural planning operations shall archive
work handling records regarding urban and rural planning objectives and
planning.
Chapter
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Article
57. Amendments and annulment of articles and clauses of laws relevant to urban
and rural planning operations
1. Amendments and annulment of several articles and clauses of
the Law on Construction No. 50/2014/QH13, amended by Law No. 03/2016/QH14, Law
No. 35/2018/QH14, Law No. 40/2019/QH14, and Law No. 62/2020/QH14:
a) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch đô thị và nông
thôn” (urban and rural planning) in Clauses 15a, 18, 21, and 24 Article 3;
Clause 4 Article 12; Clause 1 Article 79;
b) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch theo pháp luật về
quy hoạch đô thị và nông thôn” (planning according to urban and rural planning
laws) in Clause 1 Article 51; Point b Clause 2 Article 58; Point c Clause 1
Article 61; Point b Clause 7 Article 79; Points d and e Clause 2 Article 89;
Point d Clause 1 Article 94; Clause 1 Article 117; Point d Clause 1 Article
118; Clause 5 Article 130;
c) The phrase “quy hoạch
xây dựng khu chức năng hoặc quy hoạch chi tiết xây dựng điểm dân cư nông
thôn” (functional area construction planning or detailed construction planning
for rural residential points) is replaced with “quy hoạch khu chức năng hoặc
quy hoạch chi tiết khu vực xây dựng được xác định trong quy hoạch chung huyện,
quy hoạch chung xã” (functional area planning or detailed planning for
construction areas determined in district-level or commune-level master
planning) in Point d Clause 1 Article 83a and Point i Clause 2 Article 89;
d) The phrase “quy hoạch
chi tiết xây dựng điểm dân cư nông thôn” (detailed construction planning for
rural residential points) is replaced with từ “quy hoạch chi tiết theo pháp
luật về quy hoạch đô thị và nông thôn” (planning according to urban and rural
planning laws) in Clause 3 Article 93;
dd) The phrase “thiết kế
quy hoạch xây dựng” (construction plan designing) is replaced with “quy hoạch
đô thị và nông thôn” (urban and rural planning) in Clauses 3 and 4 Article 148
and Article 158;
e) The phrase “theo kế
hoạch thực hiện quy hoạch xây dựng” (according to plans for construction
planning implementation) in Clause 18 Article 3 is annulled; the phrase “lập
và thực hiện quy hoạch xây dựng” (formulating and implementing
construction planning) in Clause 9 Article 4 is annulled; the phrase “quy hoạch
xây dựng” (construction planning) in Clause 4 Article 160, Clause 3 Article
162, and Point a Clause 2 Article 163 is annulled;
g) Amendments to Clause 1
Article 91:
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h) Amendments to Clause 1
Article 92 are as follows:
“1. Conform with planning
according to urban and rural planning laws or the location and total area of
projects approved in writing by competent state authorities.”;
i) Amendments to Clause 2
Article 93:
“2. Separate houses in
urban areas shall meet the conditions prescribed in Clause 1 of this Article
and conform with detailed planning according to urban and rural area laws;
separate houses in stable areas and streets in urban areas shall conform with
detailed planning according to urban and rural area laws or separate urban
designs or architectural management mechanisms promulgated by competent state
authorities.”;
k) Amendments to Point a
Clause 1 Article 94:
“a) Being subject to
areas with planning according to urban and rural planning laws approved and
announced by competent authorities but not yet implemented, for which there are
no land expropriation decisions of competent state authorities;”;
l) Amendments to Point b
Clause 1 Article 94:
“b) Being conformable
with the scale and time limit of works stipulated by provincial People’s
Committees for each area according to management and development requirements
in conformity with planning period;”;
m) Amendments to Clause 4
Article 94:
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n) Amendments to Point a
Clause 1 Article 164:
“a) Carry out the state
management of construction investment following the decentralization of the
Government of Vietnam; manage the construction order in their areas according
to planning, construction designs, and construction permits according to the
regulations of the Government of Vietnam; promulgate documents under their
jurisdiction; direct the implementation of planning according to urban and
rural planning laws and construction investment plans; instruct, inspect, and
settle complaints and denunciations and handle law violations in construction
investment;”;
o) Clauses 7, 8, 16, 22,
25, 30, 31, 32, 33, and 44 Article 3, Article 150, and Chapter II are annulled.
2. Amendments to several
articles of the Law on Land No. 31/2024/QH15, amended by Law No. 43/2024/QH15:
a) The phrase “pháp luật
về quy hoạch đô thị” (urban planning laws) is replaced with “pháp luật về quy
hoạch đô thị và nông thôn” (urban and rural planning laws) in Clause 5 Article
65, Clause 4 Article 66, Clause 5 Article 116, and Clause 2 Article 216;
b) The phrase “quy hoạch
xây dựng, quy hoạch đô thị, quy hoạch nông thôn” (construction planning, urban
planning, and rural planning) is replaced with “quy hoạch theo pháp luật về quy
hoạch đô thị và nông thôn” (planning according to urban and rural planning
laws) in Point a Clause 2 and Clause 5 Article 66;
c) The phrase “quy hoạch
xây dựng, quy hoạch đô thị” (construction planning, urban planning) is replaced
with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning
according to urban and rural planning laws) in Point c Clause 3 Article 122;
d) The phrase “quy hoạch
chi tiết xây dựng” (detailed construction planning) is replaced with “quy hoạch
chi tiết theo pháp luật về quy hoạch đô thị và nông thôn” (detailed planning
according to urban and rural planning laws) in Point c Clause 5 Article 158 and
Point I Clause 1 Article 159;
dd) The phrase “quy hoạch
xây dựng hoặc quy hoạch đô thị” (construction planning or urban planning) is
replaced with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn”
(planning according to urban and rural planning laws) in Point c Clause 2
Article 190;
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g) The phrase “quy hoạch
xây dựng; quy hoạch đô thị” (construction planning; urban planning) is replaced
with “quy hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning
according to urban and rural planning laws) in Point a Clause 3 and Point a
Clause 7 Article 219;
h) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch khu chức năng;
quy hoạch nông thôn” (functional area planning; rural planning) in Point a
Clause 1 Article 67.
3. Amendments to several
articles of the Law on Implementation of Grassroots-level Democracy No.
10/2022/QH15:
a) The phrase “quy hoạch
xây dựng vùng huyện, quy hoạch xây dựng xã và điểm dân cư nông thôn; quy hoạch
chung được lập cho thị trấn, đồ án quy hoạch phân khu, quy hoạch chi tiết được
lập cho các khu vực thuộc phạm vi thị trấn” (construction planning for rural
districts and construction planning for communes and rural residential points;
master planning formulated for commune-level towns, projects on subdivision
planning and detailed planning formulated for areas within the scope of
commune-level towns) is replaced with “quy hoạch chung huyện, quy hoạch chung
xã và quy hoạch chi tiết khu vực xây dựng được xác định trong quy hoạch chung
huyện, quy hoạch chung xã; quy hoạch chung thị trấn, quy hoạch phân khu, quy
hoạch chi tiết được lập cho khu vực thuộc phạm vi huyện, xã, thị trấn” (master
planning for rural districts, master planning for communes, and detailed
planning for construction areas determined in master planning for rural
districts and master planning for communes; master planning for commune-level
towns, subdivision planning, and detailed planning formulated for areas within
the scope of rural districts, communes, and commune-level towns) in Clause 3
Article 11;
b) Amendments to Clause 6
Article 25:
“6. Draft urban and rural
planning.”.
4. Amendments to several
articles of the Law on Real Estate Business No. 29/2023/QH15, amended by Law
No. 43/2024/QH15:
a) The phrase “pháp luật
về quy hoạch đô thị” (urban planning laws) is replaced with “pháp luật về quy
hoạch đô thị và nông thôn” (urban and rural planning laws) in Clause 2 Article
11 and Point b Clause 1 Article 29;
b)
The phrase “quy hoạch xây dựng” (construction planning) is replaced with “quy
hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning according to
urban and rural planning laws) in Clause 3 Article 39;
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d) The phrase “pháp luật
về quy hoạch đô thị” (urban planning laws) is replaced with “pháp luật về quy
hoạch đô thị và nông thôn” (urban and rural planning laws) in Point c Clause 1
Article 40 and Point d Clause 1 Article 43;
dd) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch đô thị và nông
thôn” (urban and rural planning) in Clause 1 Article 77 and Clause 1 Article
78.
5. Amendments to several
articles of the Law on Housing No. 27/2023/QH15, amended by Law No. 43/2024/QH15:
a)
The phrase “quy hoạch xây dựng, quy hoạch đô thị” (construction planning, urban
planning) is replaced with “quy hoạch đô thị và nông thôn” (urban and rural
planning) in Clauses 3 and 4 Article 3; Clause 2 Article 5; Point b Clause 1
Article 26; Clause 9 Article 88;
b) The phrase “quy hoạch
xây dựng, quy hoạch đô thị, quy hoạch xây dựng khu chức năng” (construction
planning, urban planning, and functional area planning) is replaced with “quy
hoạch đô thị và nông thôn” (urban and rural planning) in Clause 2 Article 4;
c) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch theo pháp luật về
quy hoạch đô thị và nông thôn” (planning according to urban and rural planning
laws) in Clause 1 Article 40 and Point d Clause 2 Article 59;
d) The phrase “quy hoạch
phân khu hoặc quy hoạch chi tiết xây dựng tỷ lệ 1/500” (subdivision planning or
detailed construction planning at the 1/500 scale) is replaced with “quy hoạch
phân khu hoặc quy hoạch chi tiết theo pháp luật về quy hoạch đô thị và nông
thôn” (subdivision planning or detailed planning according to urban and rural
planning laws) in Clause 2 Article 50;
dd)
The phrase “quy hoạch xây dựng” (construction planning) is replaced with “quy
hoạch đô thị và nông thôn” (urban and rural planning) in Clause 1 Article 54
and Clause 2 Article 60.
e) The phrase “pháp luật
về quy hoạch đô thị” (urban planning laws) is replaced with “pháp luật về quy
hoạch đô thị và nông thôn” (urban and rural planning laws) in Clause 1 Article
64;
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h) The phrase “quy hoạch
chi tiết xây dựng” (detailed construction planning) is replaced with “quy hoạch
chi tiết theo pháp luật về quy hoạch đô thị và nông thôn” (detailed planning
according to urban and rural planning laws) in Clause 2 Article 54, Clause 6
Article 60, Point a Clause 1 Article 82, and Clause 1 Article 96;
i) The phrase “quy hoạch
chi tiết xây dựng” (detailed construction planning) is replaced with “quy hoạch
chi tiết” (detailed planning) in Point b Clause 3 and Point a Clause 4 Article
88;
k)
The phrase “quy hoạch xây dựng khu công nghiệp” (industrial park construction
planning) is replaced with “quy hoạch khu công nghiệp” (industrial park
planning) in Clause 1 Article 94 and Point a Clause 2 Article 95;
l) Amendments to Clause 1
Article 32:
“1. Land area for housing
development shall be determined in urban planning, rural planning, industrial
park planning, higher education establishment planning, and other planning
according to planning laws, urban and rural planning laws, and relevant laws.”.
6. Amendments to several
articles of the Law on the Capital No. 39/2024/QH15:
a) The phrase “quy hoạch
chung xây dựng khu chức năng” (functional area construction master planning)
with “quy hoạch chung khu chức năng” (functional area master planning) in
Clause 3 Article 17;
b) The phrase “pháp luật
về xây dựng, pháp luật về quy hoạch đô thị” (construction laws, urban planning
laws) is replaced with “pháp luật về quy hoạch đô thị và nông thôn” (urban and
rural planning laws) in Clause 4 Article 17;
c) The phrase “quy hoạch
phân khu xây dựng” (construction subdivision planning) with “quy hoạch phân khu
theo pháp luật về quy hoạch đô thị và nông thôn” (subdivision planning
according to urban and rural planning laws) in Point b Clause 2 Article 24;
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dd) The phrase “quy chuẩn
kỹ thuật quốc gia về quy hoạch xây dựng” (national technical regulation on
construction planning) is replaced with “quy chuẩn kỹ thuật quốc gia về quy
hoạch đô thị và nông thôn” (national technical regulation on urban and rural
planning) in Point b Clause 2 Article 31;
e) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch theo pháp luật về
quy hoạch đô thị và nông thôn” (planning according to urban and rural planning
laws) in Point a Clause 3 Article 32;
g) The phrase “quy hoạch
đô thị, quy hoạch xây dựng” (urban planning, construction planning) is replaced
with “quy hoạch đô thị và nông thôn” (urban and rural planning) in Clause 3
Article 35.
7. Amendments to several
articles of the Law on Local Government Organization No. 77/2015/QH13, amended
by 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:
a) The phrase “quy hoạch
về xây dựng và phát triển đô thị” (planning for urban construction and
development) is replaced with “quy hoạch đô thị và nông thôn” (urban and rural
planning) in Clause 3 Article 40;
b) Amendments to Point e
Clause 3 Article 19:
“e) Decide on the
regional economic linkage among local governments at various levels in
conformity with local situations and characteristics, ensuring consistency of
the national economy;”;
c) Amendments to Clause 2
Article 54:
“2. Decide on investment
projects on urban works in their areas according to the law.”.
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9. c) The phrase “Quy
hoạch xây dựng” (construction planning) is replaced with “Quy hoạch đô thị và
nông thôn” (urban and rural planning) in Clause 1 Article 64 of the Law on
Environmental Protection No. 72/2020/QH14, amended by Law No. 11/2022/QH15, Law
No. 16/2023/QH15, and Law No. 18/2023/QH15.
10. The phrase “cắm mốc
giới theo quy hoạch xây dựng” (marking according to construction planning) is
replaced with “cắm mốc theo quy định của pháp luật về quy hoạch đô thị và nông
thôn” (marking according to urban and rural planning laws) in Clause 6 Article
78 of the Law on Railway Transport No. 06/2017/QH14, amended by Law No.
35/2018/QH14 and Law No. 16/2023/QH15.
11. Amendments to several
articles of the Law on Natural Disaster Preparation and Management No.
33/2013/QH13, amended by Law No. 60/2020/QH14 and Law No. 18/2023/QH15:
e) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch đô thị và nông
thôn” (urban and rural planning) in Point a Clause 9 Article 42;
b) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch theo pháp luật về
quy hoạch đô thị và nông thôn đối với” (planning according to urban and rural
planning laws for) in Point b Clause 12 Article 42 and Point d Clause 1 Article
43.
12. The phrase “quy hoạch
xây dựng của địa phương” (local construction planning) is replaced with “quy
hoạch theo pháp luật về quy hoạch đô thị và nông thôn” (planning according to
urban and rural planning laws) in Point b Clause 2 Article 37 of the Law on
Advertising, amended by Law No. 35/2018/QH14 and Law No. 42/2024/QH15.
13. Amendments to the Law
on Dykes No. 79/2006/QH11, amended by Law No. 15/2008/QH12, Law No.
35/2018/QH14, Law No. 60/2020/QH14, and Law No. 18/2023/QH15:
a) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch theo pháp luật về
quy hoạch đô thị và nông thôn” (planning according to urban and rural planning
laws) in Point b Clause 3 Article 26 and Clause 1 Article 27;
b) The phrase “quy hoạch
xây dựng” (construction planning) is replaced with “quy hoạch đô thị và nông
thôn” (urban and rural planning) in Clause 6 Article 42.
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3.2
Urban and rural planning appraisal fees
Ministry of Finance of Vietnam
Article 58. Entry into force
1. This Law comes into force as of July 1, 2025.
2. The Law on Urban
Planning No. 30/2009/QH12, amended by 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, shall cease to have effect from the effective date of this
Law.
Article 59.
Transitional provisions
1. Construction planning, urban planning, and separate urban
designs approved before the effective date of this Law continue to be
applicable until their expiration dates according to this Law.
2. Construction planning and urban planning formulated before
the effective date of this Law in progress of appraisal and approval for
planning schemes requiring consistent written feedback from the Ministry of
Construction of Vietnam and urban and rural planning authorities of provincial
People’s Committees that do not require opinions from relevant authorities
according this Law shall comply with this Law.
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4. Construction planning and urban planning that have
undergone planning scheme appraisal before the effective date of this Law may
be approved according to construction laws and urban planning laws before the
effective date of this Law.
5. Regarding local adjustments to construction planning and
urban planning appraised before the effective date of this Law, where there are
changes to the approving authority according to this Law, a re-appraisal is not
required. The authority to approve local adjustments to planning shall comply
with this Law.
6. Provincial People’s Committees shall apply this Law when adjusting
construction planning and urban planning that are subject to approval by the
Prime Minister of Vietnam according to construction laws and urban planning
laws applicable before the effective date of this Law and are subject to
approval by provincial People’s Committees according to this Law.
7. District-level People’s Committees shall apply this Law
when adjusting construction planning and urban planning that are subject to
approval by provincial People’s Committees according to construction laws and
urban planning laws applicable before the effective date of this Law and are
subject to approval by district-level People’s Committees according to this
Law.
8. Regarding type-III
urban areas, type-IV urban areas, economic zones, and national tourism zones
with master planning approved before the effective date of this Law, if it is
required to formulate subdivision planning when the planning period has not
ended, it is permitted to continue to formulate, appraise, and approve
subdivision planning for 2 years from the effective date of this Law. The
formulation, appraisal, approval, adjustment, and review of subdivision
planning may apply urban planning laws and construction planning laws
applicable before the effective date of this Law. Subdivision planning shall be
effective until master planning is formulated or subject to comprehensive
adjustments according to this Law. The Government of Vietnam shall elaborate on
this Clause.
9. Unexpired certificates
of the construction capacity of organizations and construction practicing
certificates of individuals concerning construction planning designs issued
before the effective date of this Law shall stay effective until they expire.
This Law is approved
by the 15th National Assembly of the Socialist Republic of Vietnam at its 8th
meeting on November 26, 2024.
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Đã cập nhật Luật Đất đai 2024 mới nhất