|
THE OFFICE OF THE NATIONAL ASSEMBLY
--------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 16/VBHN-VPQH
|
Hanoi, July 15, 2020
|
LAW
ON URBAN
PLANNING
The Law on Urban Planning
No. 30/2009/QH12 dated June 17, 2009 of the National Assembly, which comes into
force from January 01, 2010, is amended by:
1. The Law on Local
Government No. 77/2015/QH13 of the National Assembly dated June 19, 2015, which
has been effective since January 01, 2016;
2. The Law No.
35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to
some Articles concerning planning of 37 Laws, which has been effective since
January 01, 2019;
3. The Law on
Architecture No. 40/2019/QH14 dated June 13, 2019 of the National Assembly,
which has been effective since July 01, 2020.
4. The Law on
Investment No. 61/2020/QH14 dated June 17, 2020 of the National Assembly, which
has been effective since January 01, 2021.
Pursuant to the
Constitution of the Socialist Republic of Vietnam 1992 amended by the
Resolution No. 51/2001/QH10;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter
I
GENERAL
Article
1. Scope
This Law provides for
urban planning activities including formulating, appraising, approving and
adjusting urban planning; organizing the implementation of urban planning and
managing urban development according to the approved urban planning.
Article
2. Regulated entities
This Law applies to
domestic and foreign organizations and individuals directly involved in or
related to urban planning activities within the Vietnamese territory.
Article
3. Definitions
For the purposes of
this Law, the terms below shall be construed as follows:
1. “urban area” means
an area with a high dense population mainly engaged in non-agricultural
activities, which is a political, administrative, economic, cultural or
specialized center playing the role of promoting the socioeconomic development
of a country, a territory or am area, and consists of inner city and suburbs of
a city; inner town and outskirts of a town; and townships.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. “new
city/district/town” means an area within an urban area which is newly built
with technical and social infrastructure and houses.
4. “urban planning”
means the organization of the space, architecture, urban landscape and
technical and social infrastructural facilities and houses in order to create
an appropriate living environment for people living in an urban area, which is
expressed on an urban planning project.
5. “planning tasks”
mean requirements concerning research contents and implementary
organization, which are approved by competent authorities to form a basis for
formulating an urban planning project.
6. “urban planning
project” means a document reflecting the contents of urban planning,
including drawings, mock-ups, descriptions and urban planning-based management
regulations.
7. “general
planning” means the organization of the space and technical and social
infrastructural facilities and houses for an urban area suitable for its
socio-economic development, ensuring national defense, security and sustainable
development.
8. “zoning
planning” means the division and determination of functions and quotas for
use of land reserved for urban planning in the land areas and networks of
technical infrastructural facilities and social amenities within an urban area
in order to realize the general planning.
9. “detailed
planning” means the division and determination of quotas for use of land
reserved for urban planning, requirements for management of architecture and
landscape of each lot of land; arrangement of technical and social
infrastructural facilities in order to realize the zoning planning or general
planning.
10. “urban planning
period” means a specified period used as a basis for forecasting and
calculating econo-technical norms for formulation of the urban planning.
11. “effective
period of urban planning” means a period beginning from the time when the
urban planning is approved to the time when it is adjusted or invalidated under
a decision.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
13. “urban space” means
a space covering urban architectural objects, trees and water surface in an
urban area directly affecting urban landscape.
14. “urban
landscape” means a specific space with various observation directions in an
urban area such as the space in front of an architectural complex, a square, a
street, a pavement, a footpath, a park, vegetation, a tree garden, a flower
garden, a hill, a mountain, a hillock, an island, an islet, a natural land
slope, a coastal strip, lake surface, river surface, a canal or a trench in an
urban area and public space in an urban area.
15. “quota for use
of land reserved for urban planning” means a quota for spatial and architectural
development management which is determined for an area or a lot of land,
including building density, land use co-efficient and maximum and minimum
building height.
16. [3] (abolished)
17. [4] (abolished)
18. “frame
technical infrastructure” means a system of main technical infrastructural
facilities of an urban area, including arteries, energy transmission lines,
water supply lines, water drainage lines, information and telecommunications
lines and key technical works.
19. “underground
space” means a space under the ground reserved for the construction of
urban underground structures.
Article
4. Urban area classification[5]
1. Urban areas shall be
classified into 6 grades, including special grade, first, second, third, fourth
and fifth grade based on the following criteria:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Population scale;
c) Population density;
d) Non-agricultural
labor rate;
dd) Infrastructural
development level.
2. The Government
shall request the National Assembly Standing Committee to provide specific
provisions on urban area classification over periods of socio-economic
development.
Article
5. Principles of compliance with urban planning
Organizations and
individuals shall comply with the approved urban planning and the regulations
on management of architecture and architecture when implementing programs and
plans on investment in urban construction and development, specialized plans
within urban areas, urban land use plans, managing the implementation of
construction projects in urban areas, managing urban space, architecture and
landscape or carrying out other activities related to the urban planning[6].
Article
6. Requirements for urban planning
1. [7] Realize urban and area system planning,
regional planning and provincial planning; conform to socio - economic
development, national defense and security strategy; conform to national
planning, regional planning and provincial planning; ensure publicity and
transparency, and harmony of national interests, community interests and
individual interests.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Protect the
environment, prevent catastrophes affecting the community, improve landscape,
conserve cultural and historical sites/monuments and local traits by carrying
out strategic environmental assessment in the course of formulating the urban
planning.
4. Rationally exploit
and use natural resources, restrict the use of agricultural land, economically
and efficiently use urban land in order to create resources for urban
development, economic growth, assurance of social security, national defense
and security and sustainable development.
5. Ensure uniformity
in architectural space, system of urban social infrastructure, technical
infrastructure and underground space; harmoniously develop different areas in
urban areas.
6. Meet the needs for
houses, health, educational, cultural, sports and trade facilities, parks,
trees, water surface and other social infrastructural facilities.
7. Meet the needs for
technical infrastructure including roads, energy supply, public lighting, water
supply and drainage, waste treatment, information and communications systems,
and other technical infrastructural facilities; ensure smooth connection of
technical infrastructure systems within urban areas and interconnection with
regional, national and international technical infrastructural facilities.
Article
7. Sequence of formulation, appraisal and approval of urban planning
The urban planning
shall be formulated, appraised and approved following the sequence below:
1. Determine urban
planning tasks;
2. Appraise and
approve the urban planning tasks;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Appraise and
approve the urban planning project.
Article
8. Rights and responsibilities of organizations and individuals for commenting
on and supervising urban planning activities
1. Domestic
organizations and individuals have the right to comment on and supervise urban
planning activities.
2. Organizations and
individuals have the responsibility to comment on issues concerning their scope
of operations in urban planning activities.
3. Organizations
responsible for urban planning activities shall facilitate the commenting on
and supervision of urban planning activities.
4. Comments of
organizations and individuals on urban planning activities must be
consolidated, considered and publicized.
Article
9. Archiving and storage of urban planning project dossiers
1. Approved urban
planning project dossiers shall be archived in accordance with regulations of
law on archives.
2. Urban planning
authorities and land authorities at all levels shall store urban planning
project dossiers and provide documents on the urban planning project to
organizations and individuals in accordance with law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
11. Selection of urban planning
consultancies
1. The urban planning
shall be formulated by a consultancy, which is selected through appointment or
examination.
2. The Government
shall specify forms of appointment and examination to select urban planning
consultancies.
Article
12. Funding for formulating and organizing formulation of urban planning
1. Funding for
formulating and organizing formulation of urban planning includes:
a) State funding used
to formulate and organize formulation of general planning, zoning planning and
detailed planning not covered by projects on construction of works for business
purposes;
b) Funding provided by
organizations and individuals for formulating and organizing formulation of
planning covered by projects on construction of works for business purposes.
2. The State
encourages domestic and foreign organizations and individuals to provide
funding for formulation of urban planning.
3. State funding for
formulating and organizing formulation of urban planning shall be used for:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) formulating,
appraising and approving the urban planning;
c) managing the
formulation of urban planning;
d) announcing urban
planning and making it publicly available;
dd) planting boundary
markers on the field according to the urban planning;
e) making regulations
on management of architecture[9];
g) performing other
tasks related to formulation and organization of formulation of the urban
planning
4. The Government
shall specify the use of funding for formulating and organizing formulation of
urban planning.
Article
13. Contents of state management of urban planning
1. Formulating and
providing instructions on realization of urban development orientations and
strategies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Issuing regulations
and standards on urban planning and regulations on management of architecture[10].
4. Managing urban
planning activities.
5. Disseminating the
law and information on urban planning.
6. Organizing and
managing the provision of training for human resources, research and
application of technologies in urban planning activities.
7. Conducting
international cooperation in urban planning activities.
8. Carrying out
inspections and settling complaints and denunciations and taking actions
against violations in urban planning activities.
Article
14. Responsibility for state management of urban planning
1. The Government
shall perform uniform state management of urban planning nationwide.
2. The Ministry of
Construction shall take responsibility to the Government for performing state
management of urban planning; preside over cooperating with regulatory bodies
in performing state management of urban planning.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. People's Committees
at all levels shall perform state management of urban planning within their
areas as assigned by the Government.
Article
15. Urban planning inspectorate
1. The construction
inspectorate shall exercise the functions of inspecting urban planning.
2. Rights and powers
of the urban planning inspectorate are prescribed by the law on inspection.
Article
16. Prohibited acts
1. Failure to take
responsibility to organize formulation of urban planning.
2. Selecting
unqualified urban planning consultancies.
3. Formulating,
appraising, approving and adjusting urban planning against the Law.
4. Illegally
intervening in urban planning activities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. [12] (abolished)
7. Refusing to provide
information, except for information classified as state secret; providing
incorrect information on urban planning.
8. Deliberately
violating approved urban planning.
9. Destroying urban
space, architecture and landscape.
10. Failure to plant
boundary markers in designated places; displacing urban planning boundary
markers.
11. Obstructing and
harassing formulation and implementation of urban planning.
Chapter
II
FORMULATION
OF URBAN PLANNING
Section
1. ORGANIZING FORMULATION OF URBAN PLANNING
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
18. Types of urban planning
1. Types of urban
planning are as follows:
a)[14] General planning which is tailored for
central-affiliated cities, provincial-affiliated cities, district-level towns,
commune-level towns and new urban areas.
General planning for a
central-affiliated city which is formulated according to the provincial
planning in a central-affiliated city in terms of spatial organization,
technical and social infrastructure and residential houses in the
central-affiliated city;
b) Zoning planning
which is tailored for areas within cities, district-level towns and new urban
areas;
c) Detailed planning
which is tailored for areas to meet urban development and management
requirements or needs for construction.
2. Technical
infrastructure planning constitutes part of the general planning, zoning
planning or detailed planning; regarding central-affiliated cities, the
technical infrastructure planning is separately tailored as the specialized
technical infrastructure planning project.
3. The Ministry of
Construction shall prescribe dossiers on each type of urban planning.
Article
19. Responsibility for organizing formulation of urban planning
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Provincial People's
Committees shall organize formulation of general planning for
central-affiliated cities, general planning for new urban areas, specialized
technical infrastructure planning for central-affiliated cities, zoning
planning and detailed planning for areas involving at least two rural and/or
urban districts, zones in new urban areas and areas of importance, except for
the urban planning stated in Clause 1 and Clause 7 of this Article.
3. People's Committees
of provincial-affiliated cities and district-level towns shall organize
formulation of general planning for provincial-affiliated cities and
district-level towns, zoning planning and detailed planning within the
administrative divisions under their management, except for the urban planning
stated in Clauses 1, 2 and 7 of this Article.
4. People's Committees
of urban districts shall organize formulation of zoning planning and detailed
planning within the administrative divisions under their management, except for
the urban planning stated in Clauses 1, 2 and 7 of this Article.
5. People's Committees
of rural districts of central-affiliated cities shall organize formulation of
general planning, detailed planning for commune-level towns and detailed
planning within the administrative divisions under their management, except for
the urban planning stated in Clauses 1, 2 and 7 of this Article.
6. People's Committees
of rural districts shall organize formulation of general planning, detailed
planning for commune-level towns, except for the urban planning stated in
Clauses 1, 2 and 7 of this Article.
7. Construction
project investors shall organize formulation of detailed planning for areas in
which they are assigned to invest.
Section
2. COLLECTION OF COMMENTS ON URBAN PLANNING
Article
20. Responsibility for collecting comments on urban planning
1. Authority in charge
of organizing formulation of urban planning and construction project investors
specified in Clause 7 Article 19 of this Law shall collect comments of relevant
authorities, organizations, individuals and communities on urban planning tasks
and projects.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. For urban planning
tasks and projects approved by the Prime Minister, the Ministry of Construction
shall collect comments of other relevant ministries and authorities and
organizations at central level; relevant People's Committees shall collect
comments under Clause 1 of this Article.
3. Planning
consultancies shall collect comments of relevant authorities, organizations,
individuals and communities on urban planning tasks and projects.
4. Contributed
comments must be fully consolidated, received and reported to competent
authorities for consideration before approval of the urban planning.
Article
21. Methods and time for collecting comments
1. Comments of
relevant organizations and individuals shall be collected by submitting
documents or holding conferences or workshops. The enquired organizations shall
give written responses.
2. The comments of
communities on general planning tasks and projects shall be collected by
collecting their representatives’ comments through questionnaires. Representatives
of communities shall consolidate communities' comments in accordance with
regulations of law on application of workplace democracy.
3. Comments of
communities on zoning planning and detailed planning tasks and projects shall
be collected using feedback forms through public display or introduction of
planning schemes on the mass media.
4. The time limit for
collecting comments is at least 15 days for authorities and 30 days for
organizations, individuals and communities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
22. Requirements for urban planning tasks
1. Urban planning
tasks must determine development viewpoints and objectives in response to the
requirements of each urban area and each target area to form a basis for set up
an urban planning project.
2. Urban planning
tasks must be approved by competent agencies under Articles 44 and 45 of this
Law.
Article
23. Contents of urban planning tasks
1. General urban
planning tasks must determine the nature and role of urban areas, basic
requirements for conducting researches to exploit the development potential,
driving force and orientations, urban expansion, arrangement of urban social
and technical infrastructure in inner areas and suburbs: and requirements for
strategic environmental assessment.
2. Zoning planning
tasks must determine the boundary, area and nature of the area mentioned in the
planning, expected population, expected norms for use of land and social and
technical infrastructure; requirements and basic principles of dedicated area zoning
to ensure conformity in terms of architectural space and connection of
technical infrastructure with the approved general planning and surrounding
areas; and requirements for strategic environmental assessment.
3. Detailed planning
tasks must determine the limits of land use and population: requirements and
principles of organization of architectural space, social and technical
infrastructure in the planned area, ensuring conformity with approved general
planning and zoning planning and suitability with adjacent areas; requirements
for strategic environmental assessment.
4. If the planning is
aimed at renovation and renewal of an urban area, the planning tasks must
identify requirements for conducting researches to ensure that the urban area
or the target area develops in a balanced and stable manner that preserves
architectural space and characteristics of the urban area and improves the
people's living conditions.
5. If the planning is
tailored for a new urban area or new city/district/town, the planning tasks
must identify requirements for conducting researches to ensure uniformity in
and completeness of systems of social amenities and technical infrastructural
facilities in the urban area and connection with technical infrastructure
outside urban areas, and modern architectural space and living environment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
24. Bases for setting up an urban planning project
1. [15] Socio - economic development, national
defense and security strategy, national planning, regional planning, provincial
planning and technical and specialized planning at a higher level that have
been approved.
2. [16] (abolished)
3. Approved urban
planning tasks.
4. Regulation on urban
planning and specialized regulations.
5. Topographic maps
made by the authority in charge of survey and measurement.
6. Documents and data
on economy and society of relevant areas and sectors.
Article
25. Projects on general planning for central-affiliated cities
1. Contents of a
project on general planning for a central-affiliated city shall include
development objectives and driving force, population size, land and basic norms
on social and technical infrastructure of the city; development model, development
structure of the space of the inner area and suburbs, including underground
space; orientation for system of frame technical infrastructural facilities;
strategic environmental assessment; priority investment programs and resources
for execution thereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The general
planning for a central-affiliated city covers a period of 20 - 25 years and the
orientations thereof cover a period of 50 years.
4. The approved
project on general planning for a central-affiliated city serves as a basis for
formulating the specialized urban technical infrastructure planning and zoning
planning for the city.
Article
26. Projects on general planning for provincial-affiliated cities and
district-level towns
1. Contents of a
project on general planning project for a provincial-affiliated city or district-level
town shall include development objectives and driving force, population size,
land, norms on social and technical infrastructure; model and orientations for
development of space of the inner area, suburbs, political-administrative,
service, trade, cultural, education, training and health centers, green parks,
physical training and sports facilities in the city or town; planning for
system of aboveground, overhead and underground frame technical infrastructural
facilities; strategic environmental assessment; priority investment plans and
resources for implementation thereof.
2. Drawing of the
project on general planning for a provincial-affiliated city or district-level
town shall have a scale of 1/10,000 or 1/25,000. The planning project must
clearly indicate the inner area and areas expected to be developed.
3. The project on
general planning for a provincial-affiliated city or district-level town covers
a period of 20 - 25 years.
4. The approved project
on general planning for a provincial-affiliated city or district-level town
serves as a basis for formulating zoning planning or detailed planning for
areas and setting up a project on construction of frame technical
infrastructure within the provincial-affiliated city or district-level town.
Article
27. Projects on general planning for commune-level towns
1. Contents of a
project on general planning for a commune-level town shall include development
objectives and driving force, population size, land and norms on social and
technical infrastructure in the commune-level town; organization of urban
space, planning for social infrastructural facilities and system of technical
infrastructural facilities; strategic environmental assessment; priority investment
plans and resources for implementation thereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The project on
general planning for a commune-level town covers a period of 10 - 15 years.
4. The project on
general planning for a commune-level town serves as a basis for formulating
detailed planning and setting up a project on construction of technical
infrastructure within the commune-level town.
Article
28. Projects on general planning for new urban areas
1. Contents of a
project on general planning for a new urban area shall include analyzing and
clarifying the bases for formation and development of the urban center;
researching the model for development of space, architecture and environment
suitable for the nature and functions of the urban center; determining
development periods, implementation plans and projects aimed at creating a
driving force for forming and developing a new urban area and an urban
development management model; strategic environmental assessment.
2. Drawing of the
project on general planning for a new urban area shall have a scale of 1/10,000
or 1/25,000.
3. The project on
general planning for a new urban area covers a period of 20 - 25 years.
4. The approved
project on general planning for a new urban area serves as a basis for
formulating zoning planning or detailed planning for areas and setting up a
project on construction of frame technical infrastructure within the new urban
area.
Article
29. Zoning planning projects
1. Contents of a
zoning planning project shall include functions of each lot of land; principles
of organization of space, architecture and landscape for the entire area
mentioned in the planning; norms on population, land use and technical
infrastructure for each street block; arrangement of social infrastructural
facilities suitable for their intended use; setting up a network of technical
infrastructural facilities on each street in a manner that is suitable for each
development period of the entire urban center; and strategic environmental
assessment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The period of the
zoning planning shall be determined on the basis of the period of the general
planning and urban management and development requirements.
4. The approved zoning
planning project serves as a basis for determining construction projects in the
urban area and formulating detailed planning.
Article
30. Detailed planning projects
1. Contents of a
detailed planning project shall include norms on population, social and
technical infrastructure and requirements for organization of space and
architecture of the entire area mentioned in the planning; arrangement of
social infrastructural facilities suitable for their intended use; quotas for
use of land and requirements on work architecture for each lot of land; setting
up a network of technical infrastructural to the land lot boundaries; and
strategic environmental assessment.
2. Drawing of the detailed
planning project shall have a scale of 1/500.
3. The period of the
detailed planning shall be determined on the basis of the period of the zoning
planning, management requirement and investment demand.
4. The approved
detailed planning project serves as a basis for granting construction permits
and setting up construction projects.
Article
31. Formulating planning for renovation and renewal of urban areas; development
of new cities/districts/towns and new trunk roads in urban areas
1. When formulating
the planning for renovation and renewal of an urban area, it is required to
evaluate the current use of land, social amenities, technical infrastructural
facilities, cultural, social and environmental factors of the urban area and
the target area in order to make appropriate revisions to economically and
efficiently exploit and use urban land, ensure satisfaction of the needs for
using social and technical infrastructure; preserve and promote urban identity,
space, architecture and landscape.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. When formulating
the detailed planning for new trunk roads in an urban area, the following
requirements shall be fulfilled:
a) The target area
must be at least 50 m outward from the red-line boundary of an expected road;
b) Land fund along
both sides of a road shall be efficiently used; space, architecture and shape
of works and the setback of each specific work shall be considered and the
integrity and peculiarities of the area.
Article
32. Urban design
1. Urban design is part
of an urban planning project, which is made under Clauses 1, 2 and 3 Article 33
of this Law.
2. In case land lots
of an urban area have been stably used, it is not required to set up a planning
project but a separate urban design project must be set up as a basis for
managing construction and granting construction permits. Contents of the design
project are specified in Clause 4 Article 33 of this Law.
3. The formulation,
appraisal and approval of the design project shall comply with regulations
applicable to detailed planning set out in Articles 19, 20, 21, 41, 42, 43, 44
and 45 of this Law.
Article
33. Contents of urban designs
1. An urban design in
the general planning shall contain architectural and landscape areas in an
urban area; proposed organization of space in centers and gateways, main
spatial axis, large squares, greenery space, water surface and highlights in
the urban area.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. An urban design in
the detailed planning shall indicate key works in the target area on the basis
of directions and storeys of works in each lot of land and the whole area;
setback of works along each street and crossroad; dominant shapes, colors and
forms of architectural structures; systems of trees, water surface and squares.
4. A separate urban
design project shall indicate storeys of each work; setback of works along each
street and crossroad; shapes, colors, materials and forms of architectural
structures and other architectural objects; systems of public trees, garden
yards, street trees and water surface.
Article
34. Regulations on urban planning project and urban design-based management
1. A regulation on
urban planning project/urban design-based management refers to a regulation on
quotas for use of land in each area or lot of land, technical specifications of
technical infrastructure, organization of space, architecture and landscape in
the target area.
2. On the basis of the
drawing and description of the urban planning project or urban design,
recommendations and solutions for implementing the urban planning, the planning
or urban design consultancy shall make a regulation on urban planning
project/urban design-based management and submit it to the authority approving
the urban planning project or urban design.
3. The authority
approving the urban planning project or urban design shall promulgate
regulation urban planning project/urban design-based management.
Article
35. Contents of regulations on urban planning project and urban design-based
management
1. A regulation on
general planning project-based management shall contain at least:
a) Norms on construction
area and density, land use coefficient and maximum and minimum height of works
in each dedicated area in an urban area;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Red-line boundaries
of main streets and the minimum construction elevation in an urban area;
d) Locations, scales,
safety perimeters and safety corridors of underground structures;
dd) Areas prohibited
from construction; safety perimeters and safety corridors of technical
infrastructural facilities; environmental protection measures;
e) Areas reserved for
conservation and renewal of architectural structures, historical and cultural
sites/monuments, scenic landscape and topography in an urban area.
2. A regulation on
zoning planning project-based management shall contain at least:
a) Boundary, range and
nature of the target area;
b) Locations,
boundaries, nature and scales of dedicated areas in the target area; norms on
building density, land use coefficients and maximum and minimum height and
construction elevation applied to each street; red-line boundary, construction
boundary and specific technical requirements applied to each road; safety
perimeters and safety corridors of technical infrastructural facilities;
c) Major spatial axes
and highlights in an urban area;
d) Locations, scales,
safety perimeters and safety corridors of underground structures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A regulation on
detailed planning project-based management shall contain at least:
a) Boundary and range
of the target area;
b) Locations,
boundaries, functions and scales of land lots in the target area; norms on
building density, land use coefficients and maximum and minimum height and
construction elevation applied to each land lot; height, floor and ceiling
height of the ground storey; forms of architecture and fences of works,
building materials; red-line boundary, construction boundary and specific
technical requirements applied to each road and lane; safety perimeters and
safety corridors of technical infrastructural facilities;
c) Locations, scales,
safety perimeters and safety corridors of underground structures;
dd) Areas reserved for
conservation, renovation and renewal of historical and cultural
sites/monuments, scenic landscape, topography and environmental protection.
4. A regulation on
urban plan project-based management shall contain at least:
a) Boundary and range
of the target area;
b) Functions, building
density and construction elevation applied to each lot of land; storey height,
forms of architecture and fences of works, building materials; floor and
ceiling height of the ground storey, and setback of works;
c) Public works, small
architectural structures; architecture covering urban technical infrastructure;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section
5. URBAN TECHNICAL INFRASTRUCTURE PLANNING
Article
36. Items covered by urban technical infrastructure planning
Urban technical
infrastructure planning shall cover the following items:
1. Urban transport;
2. Urban base height
and surface water drainage;
3. Urban water supply;
4. Urban wastewater
drainage;
5. Energy supply and
urban lighting;
6. Information and
communications;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
37. Contents of urban technical infrastructure planning
1. Urban transport
planning shall indicate land reserved for transport construction and
development, locations and scales of key works; organization of the
aboveground, overhead and underground urban transport system; and traffic
safety perimeters and safety corridors.
2. Base height and
urban surface water drainage planning shall indicate areas favorable for
construction in each area and urban area; main basins for water drainage, and
areas banned and restricted from construction; construction elevation, network
of surface water drainage and key works; and measures for preventing and
mitigating damage caused by natural disasters.
3. Urban water supply
planning shall indicate the need for and selection of water sources; locations
and scales of water supply works, including networks of transmission and
distribution lines, water plants, cleaning stations, safety perimeters and
safety corridors of water supply works.
4. Urban wastewater
drainage planning shall indicate the total volume of wastewater, locations and
scales of water drainage works, including networks of drainage pipelines,
wastewater drainage plants and stations, sanitation distance from and safety
corridors of urban wastewater drainage works.
5. Energy supply and
lighting planning shall indicate needs for use of energy, supply sources,
requirements on locations and scales of key works, transmission and
distribution networks; safety corridors and safety perimeters of works; and
comprehensive solutions for urban lighting.
6. Information and
communications planning shall indicate information transmission routes,
locations and scales of satellite stations, switchboards and auxiliary works.
7. Solid waste
treatment planning shall indicate the total volume of solid waste, locations
and scale of transfer depots, solid waste treatment facilities, auxiliary works
and sanitation distance from solid waste treatment facilities.
8. Cemetery planning
shall indicate demands for burial service, locations, scales and boundaries of
cemeteries, dedicated area zoning, arrangement of technical infrastructural
facilities and sanitation distance from cemeteries.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The specialized
technical infrastructure planning project stated in Clause 2 Article 18 of this
Law shall be set up for each technical infrastructure in the whole urban area.
2. Contents of the
specialized infrastructure planning project must comply with Articles 37 and 39
of this Law and conformable to the approved project on general planning for a
central-affiliated city.
3. The period of
specialized infrastructure planning project is the same as that of the general
planning project.
4. The approved
specialized technical infrastructure planning project serves as a basis for setting
up a project on construction of urban frame technical infrastructure.
Section
6. STRATEGIC ENVIRONMENTAL ASSESSMENT UPON URBAN PLANNING
Article
39. Contents of strategic environmental assessment
1. Strategic environmental
assessment is part of the general planning project, zoning planning, detailed
planning and specialized technical infrastructure planning.
2. Strategic
environmental assessment for the urban planning project shall focus on:
a) Assessment of the
status of the urban environment regarding meteorology and hydrology, quality of
water, air and ecosystem, geology, soil erosion; solid wastes, wastewater and
noise; exploitation and use of natural resources, climate change; social
issues, landscape, culture and heritage as a basis for producing urban planning
solutions;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Proposed
comprehensive solutions for preventing, reducing and remedying environmental
impacts and formulating an environmental monitoring plan.
3. The Government
shall elaborate contents of strategic environmental assessment for the urban
planning project.
Article
40. Appraising contents of strategic environmental assessment
1. The appraisal of contents
of strategic environmental assessment shall be carried out in the course of
appraising the urban planning.
2. Authorities
appraising urban planning shall preside over and cooperate with environment
authorities in appraising contents of strategic environmental assessment.
Chapter
III
APPRAISAL
AND APPROVAL OF URBAN PLANNING
Article
41. Authorities appraising urban planning tasks and projects
1. The Ministry of
Construction shall appraise urban planning tasks and projects approved by the
Prime Minister.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. [18] District-level urban planning managing
authorities shall appraise urban planning tasks and projects approved by the
district-level People’s Committee.
Article
42. Appraisal council
1. The Ministry of
Construction shall decide to establish an appraisal council in the following
cases:
a) The urban planning
is approved by the Prime Minister;
b) The urban planning
is of special political, socioeconomic, cultural or historical importance and
the Prime Minister assigns the Ministry of Construction to organize formulation
thereof.
2. The Peoples Committee
that has the power to approve urban planning shall decide to establish an
appraisal council, except for the case in Clause 1 of this Article.
3. An appraisal
council is composed of representatives of relevant regulatory bodies and
socio-professional organizations.
Article
43. Contents of appraisal of urban planning tasks and projects
1. Appraisal of an
urban planning task shall cover:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Requirements for
contents of each type of urban planning task specified in Article 23 of this
Law.
2. Appraisal of an
urban planning project shall cover:
a)[20] (abolished)
b) Bases for setting
the urban planning project prescribed in Article 24 of this Law;
c) Conformity of the
urban planning project with urban planning tasks and requirements prescribed in
Article 6 of this Law and requirements for contents of each type of planning
project prescribed in Sections 3, 4 and 5 Chapter II of this Law.
Article
44. The power to approve urban planning tasks and projects[21]
1. The Prime Minister
shall approve tasks and projects on the following urban planning:
a) General planning
for a central-affiliated city, general planning for a provincial-affiliated
city that is an urban area of Grade I, general planning for a new urban area
whose forecasted population size is equal to that of an urban area of at least
Grade III and a new urban area that involves two or more provinces;
b) Planning for urban
technical infrastructure of a central-affiliated city that is a special-grade
urban area;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. People’s Committees
of provinces and central-affiliated cities shall approve tasks and projects on
the following urban planning:
a) General planning
for provincial-affiliated cities, district-level towns, commune-level towns and
new urban areas, except for the urban planning specified in Point a Clause 1 of
this Article. Regarding projects on general planning for urban areas of Grade
II, Grade III and Grade IV and new urban areas, it is required to obtain
written consent of the Ministry of Construction before granting approval;
b) Urban technical
infrastructure planning for central-affiliated cities, except for the planning
specified in Point b Clause 1 of this Article, after obtaining written consent
of the Ministry of Construction;
c) Zoning planning for
special-grade and grade I urban areas; zoning planning and detailed planning
for zones within an urban area that involves two or more urban/suburban
districts, important zones, zones within new urban areas, except for the
planning specified in Point c Clause 1 of this Article.
3. People’s Committees
of provincial-affiliated cities, district-level towns and urban districts and
People’s Committees of suburban districts affiliated to central-affiliated
cities shall approve tasks and projects on zoning planning and detailed
planning within the areas under their management, except for the urban planning
specified in Clauses 1 and 2 of this Article, after obtaining written consent
of the provincial authority managing urban planning.
4. People’s Committees
of provincial-affiliated districts shall approve tasks and projects on detailed
planning for district-level towns, except for the urban planning specified in
Clauses 1 and 2 of this Article, after obtaining written consent of the
provincial authority managing urban planning.
5. People’s Committees
of cities, commune-level towns and district-level towns shall notify People's
Councils at the same level of the general urban planning before a competent
authority approves such planning.
Authorities in charge
of formulating urban planning shall cooperate with People’s Committees of
cities, commune-level towns and district-level towns in notifying People's
Councils at the same level of their general urban planning.
6. The Government
shall specify procedures for approving urban planning tasks and projects.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Urban planning
tasks and projects shall be approved in writing.
2. The written
approval for urban planning must contain major contents of the project
specified in Articles 23, 25, 26, 27, 28, 29, 30, 33, 37 and 39 of this Law and
attached list of approved drawings.
Chapter
IV
ADJUSTMENT
TO URBAN PLANNING
Article
46. Urban planning review
1. Urban planning
shall be periodically considered, reviewed and assessed during its
implementation so as to make adjustments thereto in response to the
socio-economic development in each period.
General planning and
zoning planning shall be reviewed every 5 years and detailed planning every 3
years from the date on which the urban planning is approved.
2. People's Committees
at all levels shall review approved urban planning.
3. Urban planning
review results shall be reported in writing to the authority approving urban
planning.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
47. Conditions for adjusting urban planning
The urban planning may
adjusted in any of the following cases:
1. [22] Adjustments to socio - economic
development, national defense and security strategy, national planning,
regional planning or provincial planning or adjustments to an administrative
division greatly affect the nature, functions and scale of an urban area or
target area;
2. A key project of
national importance is formed, which greatly affects urban land use,
environment and spatial and architectural layout;
3. The urban planning
cannot be implemented or its implementation adversely affects the socioeconomic
development, national defense, security, social security, ecological
environment, historical or cultural sites/monuments according to review or
assessment results and the public’s opinions;
4. There is a change
in climate, geology or hydrography;
5. It is adjusted in
national and community interests.
Article
48. Rules for adjusting urban planning
1. Attention is paid
to the contents to be adjusted while other contents already approved remain
legally valid.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
49. Types of adjustment to urban planning
1. Overall adjustment
of urban planning:
a) Overall adjustment of
urban planning shall be made when the nature, functions and scale of an urban
area or an area mentioned in the detailed planning are changed or the expected
adjustments change the structure and general orientations for development of
the urban area; the nature, function, scale and major planning solutions of an
area mentioned in the zoning and detailed planning:
b) Overall adjustment
of urban planning must meet prescribed requirements, follow the socio-economic
development trend and urban development orientations in the future, improve the
quality of the urban living environment, infrastructure and landscape; ensure
continuity and not greatly affect ongoing investment projects.
2. Partial adjustment
of urban planning:
a) [23] Partial adjustment to urban planning shall
be made when the expected adjustments do not change the nature, boundary and
general orientations for development of an urban area; the nature, functions,
scale and main planning solutions of the area mentioned in the zoning planning
or detailed planning and do not overburden technical and social infrastructure
of the area expected to be mentioned in the adjusted planning;
b) Partial adjustment
must clearly identify the scope, extent and content of adjustment, ensure
continuity and uniformity of the existing general planning, zoning planning or
detailed planning of an urban area on the basis of analysis and clarification
of reasons for adjustment, socioeconomic benefits obtained from the
adjustment; and solutions for tackling issues arising from the adjustment.
Article
50. Sequence of partial adjustment of urban planning
1. The authority
organizing formulation of urban planning shall request the authority approving
urban planning to grant approval for guidelines for overall adjustment to urban
planning.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
51. Sequence of partial adjustment to urban planning[24]
1. The authority
organizing formulation of urban planning shall:
a) prepare a report on
contents and plan for partial adjustment to the urban planning;
b) seek opinions of
the residential community in the area expected to be mentioned in the adjusted
planning and surrounding areas under the direct influence of the contents and
plan for partial adjustment to the urban planning as prescribed in Section 2
Chapter II of this Law.
2. The urban planning
managing authority specified in Article 41 of this Law shall appraise bases,
conditions and contents related to partial adjustment to the planning.
3. The authority
approving the urban planning shall consider deciding on partial adjustment to
the urban planning in the opinion of the authority in charge of appraising the
urban planning.
The decision on
partial adjustment to urban planning shall contain adjustments and enclose a
drawing.
4. The authority
organizing formulation of the urban planning shall update and specify
adjustments in the planning documentation. Partial adjustments to the urban planning
shall be made publicly available as prescribed in Article 53 of this Law.
Article
52. Adjusting a lot of land in area mentioned in planning
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Government shall
elaborate this Clause.
2. The adjustment of
boundary or some quotas for use of land specified in the urban planning must
not affect the nature, architectural space, landscape, environment and capacity
of the urban area and area for providing technical and social infrastructure
Chapter
V
ORGANIZING
FORMULATION OF URBAN PLANNING AND MANAGING URBAN DEVELOPMENT ACCORDING TO URBAN
PLANNING
Section
1. ORGANIZING FORMULATION OF URBAN PLANNING
Article
53. Publishing urban planning
1. [27] Within 15 days from the date on which the
planning is approved by a competent authority, the urban planning project shall
be published as follows:
a) Publish information
about the planning on mass media and websites of the authority organizing
formulation of the planning and authority formulating planning;
b) Organize
conferences and seminars on publishing of urban planning with the participation
of representatives of relevant organizations, Vietnamese Fatherland Front and
representatives of the people in the area mentioned in the planning and news
agencies;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Print and release
urban planning maps and regulations on management of approved urban planning.
2. [28] It is required to publish all contents of
the urban planning project and regulatory regulations laid down according to the
promulgated urban planning project and design, except contents related to
national defense, security and state secrets.
3. Urban planning
managing authorities shall fully update the execution of approved urban
planning projects for timely publicization by competent authorities.
Article
54. Responsibility for publishing urban planning
1. People's Committees
of cities, district-level towns and commune-level towns shall publish projects
on general planning tailored for their cities, district-level towns and
commune-level towns.
2. People's Committees
of urban districts and rural districts of central-affiliated cities, People's
Committees of provincial-affiliated cities, district-level towns and
commune-level towns shall publish projects on zoning and detailed planning
tailored for areas within the administrative divisions under their management.
Article
55. Provision of information on urban planning
1. Urban planning
managing authorities at all levels shall provide information on approved urban
planning to organizations and individuals upon request.
2. [29] Information about urban planning shall be
provided:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) through physical or
electronic documents at the request of an organization or individual;
c) through websites of
urban planning authorities and mass media;
d) by releasing
publications about the planning.
3. [30] People’s Committees at all levels shall
organize the receipt, processing and provision of information upon request.
Information shall be provided according the approved urban planning and urban
design and management regulations laid down according to the promulgated urban
planning project and urban design.
In the cases where
information is provided in writing, within 15 days from the date of receiving
the request, the urban planning managing authority shall provide information to
the applicant.
4. The authority providing
information on urban planning shall take responsibility for the accuracy of the
documents and data provided.
Article
56. [31] (abolished)
Article
57. Planting of boundary markers according to urban planning
1. Planting of
boundary markers according to urban planning includes planting of red-line
boundaries, construction boundaries, construction elevation, boundaries of
areas prohibited from construction in the field according to the approved
dossier on planting of boundary markers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) organize the
compilation and approval of the dossier on planting of boundary markers
according to the approved urban planning within 30 days from the date of
approval of the urban planning;
b) organize planting
of boundary markers in the field according to the approved dossier on planting
of boundary markers within 45 days from the date of approval of the dossier on
planting of boundary markers.
3. Dossiers on
planting of boundary markers shall be compiled by specialized units.
4. Urban planning
managing authorities at all levels shall archive dossiers on planting of
boundary markers and provide documents concerning boundary markers to
organizations and individuals upon request.
5. When the urban
planning is adjusted, boundary markers shall be also adjusted according to the
adjusted urban planning.
6. Boundary markers
must be durable, easily noticeable, and safe for humans and vehicles and
suitable for the terrain and geomorphology of the areas where boundary markers
are planted.
7. The Ministry of
Construction shall set out specific regulations on planting and management of
boundary markers according to urban planning.
Section
2. MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE
Article
58. Rules for management of urban space, architecture and landscape
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The construction,
renovation, renewal, repair and dismantling of architectural objects and trees
in public areas and within works and houses which affect urban space,
architecture and landscape are subject to permission by competent authorities.
3. Before setting up a
project on construction of large-scale works of important significance in an urban
area, architectural designs must be selected through contests.
4. The Government
shall set out specific regulations on management of urban space, architecture
and landscape.
Article
59. Responsibility for management of urban space, architecture and landscape
1. People's Committees
of cities, district-level towns, commune-level towns shall comprehensively
manage urban space, architecture and landscape within the administrative
boundaries under their management.
2. Urban planning
managing authorities shall assist the People's Committees of cities,
district-level towns, commune-level towns in managing urban space, architecture
and landscape.
Article
60. [32] (abolished)
Section
3. MANAGEMENT AND USE OF URBAN LAND
ACCORDING TO PLANNING
Article
61. Rules for management and use of urban land
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Urban land
management must comply with this Law, the land law and other relevant legal
documents.
Article
62. Preparation of land for urban development according to planning
1. People's Committees
at competent levels shall organize land clearance in the areas already reserved
for the construction of technical and social infrastructural facilities in
service of public interests in order to implement the approved and announced
detailed planning.
2. The expropriation
of land and provision of compensation for people whose land is expropriated
shall comply with the land law. Upon expropriation, land users shall be
provided with compensation for their property lawfully created before the
approved detailed planning is publicized.
3. People's Committees
at all levels shall enable investors to properly implement the planning and
investment plan.
4. When executing a
project on development of roads according to the approved planning, the
competent authority shall concurrently organize expropriation of land along
both sides of roads according to the planning and hold an auction or bidding to
select investors under the law.
5. The scope of a
construction project must be determined in a manner that ensures its relevance
to current use of land and harmony between its objectives and urban renewal so
as to prevent the development of land failing to meet construction requirements
or affecting urban architecture and landscape.
6. Where an investment
project uses only part of a plot of land, if the remaining area is too small to
meet the need or affects urban architecture and landscape according to the
Government's regulations, the State shall expropriate it and pay compensation
to its user.
7. After the detailed
planning is approved and announced, if the State has yet to expropriate land,
organizations and individuals in the target area may continue to use it and
conduct renovation, repair and temporary construction under the construction
law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
63. Management of land reserved for the construction of urban technical
infrastructural facilities
1. Land reserved for
the construction of urban technical infrastructure includes land for the
construction of key works, lines or networks of technical infrastructure and
land within the safety perimeters and safety corridors.
2. Land reserved for
the construction of technical infrastructural facilities already mentioned in
the urban planning shall be used for intended purposes and may neither be
encroached upon nor repurposed.
3. People's Committees
at all levels shall manage land reserved for the construction of urban
technical infrastructural facilities.
Article
64. Management of construction of urban technical infrastructure old and
renovated urban areas
1. People's Committees
at all levels shall formulate plans to build technical tunnels and trenches for
laying underground technical lines.
2. When building new
streets, renovating and expanding old streets in urban areas, it is necessary
to concurrently build technical tunnels and trenches for installing underground
lines and pipelines.
Article
65. Management of construction of urban technical infrastructure in new urban
areas and new cities/districts/towns
1. The construction of
roads under planning shall be carried out together with building technical
tunnels and trenches.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The construction of
technical infrastructural facilities must be carried out in a manner that is
consistent with the planning and the progress of urban development projects.
Article
66. Management of underground space
1. The exploitation
and use of underground space for the construction of underground structures
must comply with approved urban planning.
2. The management of
construction of aboveground structures must not affect underground space
already mentioned in the approved urban planning.
Article
67. Management of construction of underground structures
1. [33] Underground structures shall be constructed
according to the underground space planning specified in the approved urban planning,
Regulation on construction of underground structures promulgated by the
Ministry of Construction and construction permit.
2. The construction of
underground structures must not affect aboveground and underground structures
and existing underground space or underground already mentioned in the urban
planning.
3. The construction of
transport routes and public underground structures must ensure safety and
relevance to the exploitation and use of underground and aboveground space; and
facilitate connection with underground and aboveground traffic works.
4. The construction of
technical tunnels and trenches must not affect the use of aboveground space and
must be safe for exploitation, operation, repair and maintenance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
68. Management of trees, parks, natural landscape and water surface
1. Parks, flower
gardens and trees in urban areas which are of cultural, historical, natural
landscape and urban landscape value and have been included in lists or urban
planning must be assigned to organizations or individuals for management
purpose.
2. The building of
parks and flower gardens and planting of trees under urban planning must meet
requirements concerning utility, beauty, safety and urban environment; and must
not damage aboveground, overhead and underground infrastructure constructions.
3. Lakes and natural
water surface must not be encroached upon or other terrain characteristics must
not be altered to prevent adverse impacts on urban natural conditions and
landscape.
4. Organizations and
individuals shall protect parks, flower gardens, trees, water surface and other
natural areas in urban areas. The cutting, destruction and relocation of trees
already included in lists and the leveling and change of terrains in natural
areas are subject to permission by competent authorities.
Section
5. MANAGEMENT OF CONSTRUCTION ACCORDING TO URBAN PLANNING
Article
69. Rules for management of construction according to urban planning
1. [34] Organizations and individuals building,
renovating and repairing architectural structures, technical infrastructural
facilities, social amenities and houses must adhere to the approved detailed
planning, regulations on management of architecture and law on construction.
2. Existing
construction works which are not architecturally inappropriate but are
conformable with the urban planning are allowed to remain unchanged; in case of
renovation, upgrading or repair thereof, architectural requirements must be
satisfied under law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
70. Introduction of sites
1. Urban planning
managing authorities shall introduce construction sites to investors upon
request.
2. The sites
recommended for construction must be conformable with the urban planning and
the scope and nature of investment and ensure land use efficiency without
affecting urban development and environment.
Article
71. [35] (abolished)
Article
72. Management of development of new urban areas and new cities/districts/towns
1. People's Committees
of provinces and central-affiliated cities shall, according to the planning, manage
the development of new urban areas within the administrative boundaries under
their management.
People's Committees of
rural districts, urban districts, district-level towns and
provincial-affiliated cities shall, according to the planning, manage the
development of new cities/districts/towns within administrative boundaries
under their management.
2. The construction of
new urban areas and new cities/districts/towns must ensure uniformity in social
and technical infrastructure and public services and be relevant to each
development period and implementation plan.
3. The scope of a new
city/district/town project must be determined on the principles of meeting
actual urban development requirements, investment purposes, investor's capacity
for organizing project execution by and social benefits.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. When executing
projects on construction of new urban areas, residential areas and living
quarters, People's Committees at all levels and investors stated in investment
decisions of competent authorities shall reserve appropriate land for
developing social houses in accordance with law.
6. [36] Project owners identified in investment
decisions shall manage technical infrastructure, space and architecture
according to the approved urban planning, regulations on management of
architecture within the boundaries of project sites, except if management tasks
are assigned to People’s Committees.
Article
73. Management of renovation of urban areas according to planning
When renovating or
re-constructing a zone within an urban area, it is necessary to ensure land use
efficiency, give priority to meeting the people’s demands for relocation at the
old site; improve urban architecture, landscape and environment;
comprehensively build and improve the quality of social and technical
infrastructure and public services in harmony with surrounding areas; protect
cultural heritage, historical sites/monuments and traditional identity of the
urban area and surrounding areas.
Chapter
VI
IMPLEMENTATION
CLAUSE[37]
Article
74. Effect
1. This Law comes into
force from January 01, 2010.
2. From the effective date
of this Law, the provisions of the Law on Construction regarding planning for
construction of urban areas and zones within urban areas are replaced with the
provisions of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Urban construction
planning approved before the effective date of this Law are not required to be
re-formulated, re-assessed and re-approved; the organization of implementation,
development management and adjustment to such planning shall comply with this
Law.
Article
76. Elaboration
The Government shall
elaborate and provide guidelines for Articles and Clauses of this Law as
assigned; and provide guidance on other necessary regulations of this Law to
meet state management requirements./.
CERTIFIED BY
THE CHAIRMAN
Nguyen Hanh Phuc
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“The
Constitution of the Socialist Republic of Vietnam;
The National
Assembly hereby promulgates the Law on Local Government Organization.”.
The Law No.
35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws is
promulgated pursuant to:
“The
Constitution of the Socialist Republic of Vietnam;
The National
Assembly hereby promulgates the Law on amendments to some Articles concerning
planning of the Law on Road Traffic No. 23/2008/QH12, Vietnam Maritime Code No.
95/2015/QH13, Law on Railway Transport No. 06/2017/QH14, Law on Inland Waterway
Transport No. 23/2004/QH11 whose Articles are amended by the Law No.
48/2014/QH13 and Law No. 97/2015/QH13, Law on Water Resources No. 17/2012/QH13
whose Articles are amended by the Law No. 08/2017/QH14, Law on Land No.
45/2013/QH13, Law on Environmental Protection No. 55/2014/QH13, Law on Minerals
No. 60/2010/QH12, Law on Hydrometeorology No. 90/2015/QH13, Law on Biodiversity
No. 20/2008/QH12, Law on Natural Resources and Environment Of Sea and Islands
No. 82/2015/QH13, Law on Measurement No. 04/2011/QH13, Law on Technical
Standards and Regulations No. 68/2006/QH11, Law on Quality of Products and
Goods No. 05/2007/QH12, Law on Cyberinformation Security No. 86/2015/QH13, Law
on Publishing No. 19/2012/QH13, Press Law No. 103/2016/QH13, Law on National
Defense and Security Education No. 30/2013/QH13, Law on Management and
Utilization of State Capital Invested in the Enterprises’ Manufacturing and
Business Operations No. 69/2014/QH13, Law on Thrift Practice and Waste Combat
No. 44/2013/QH13 whose Articles are amended by the Law No. 21/2017/QH14, Law on
Securities No. 70/2006/QH11 whose Articles are amended by the Law No.
62/2010/QH12, Law on Cinematography No. 62/2006/QH11 whose Articles are amended
by the Law No. 31/2009/QH12, Law on Advertising No. 16/2012/QH13, Law on
Construction No. 50/2014/QH13 whose Articles are amended by the Law No. 03/2016/QH14,
Law on Urban Planning No. 30/2009/QH12 whose Articles are amended by the Law
No. 77/2015/QH13, Law on Petroleum 1993 whose Articles are amended by the Law
No. 19/2000/QH10 and the Law No. 10/2008/QH12, Labor Code No. 10/2012/QH13
whose Articles are amended by the Law No. 92/2015/QH13, Law on Social Insurance
No. 58/2014/QH13, Law on Health Insurance No. 25/2008/QH12 whose Articles are
amended by the Law No. 32/2013/QH13, Law No. 46/2014/QH13 and Law No.
97/2015/QH13, Law on Prevention and Control of Infectious Diseases No.
03/2007/QH12, Law on Judicial Expertise No. 13/2012/QH13 and Law on Protection
of Consumers’ Rights No. 59/2010/QH12.”.
The Law on
Architecture No. 40/2019/QH14 is promulgated pursuant to:
“The Constitution
of the Socialist Republic of Vietnam;
The National
Assembly hereby promulgates the Law on Architecture.”.
The Law on Investment
No. 61/2020/QH14 is promulgated pursuant to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The National Assembly
hereby promulgates the Law on Investment.”.
[2] This Clause is amended by Clause 1 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[3] This Clause is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[4] This Clause is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[5] This Article is amended by Article 140 of
the Law on Local Government Organization, which has been effective since
January 01, 2016.
[6] The phrase “quy chế quản lý quy hoạch,
kiến trúc đô thị” (“regulations on management of urban planning and
architecture”) in Point c Clause 3 Article 39 of the Law on Architecture No.
40/2019/QH14, which has been effective since July 01, 2020, is replaced with
“quy chế quản lý kiến trúc” (“regulations on management of architecture”).
[7] This Clause is amended by Clause 2 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[8] This Article is abolished by Clause 6
Article 75 of the Law on Investment No. 61/2020/QH14, which comes into force
January 01, 2021.
[9] The phrase “quy chế quản lý quy hoạch, kiến trúc
đô thị” (“regulations on urban planning and architecture management”) is
replaced with “quy chế quản lý kiến trúc” (“regulations on architecture
management”) according to Point c Clause 3 Article 39 of the Law on
Architecture No. 40/2019/QH14, which has been effective from July 01, 2020.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[11] This Clause is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[12] This Clause is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[13] This Article is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[14] This Point is amended by Clause 3 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[15] This Clause is amended by Clause 4 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[16] This Clause is abolished by Clause 4
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[17] This Clause is amended by Clause 5 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[18] This Clause is amended by Clause 5 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[19] This Point is amended by Clause 6 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[21] This Article is amended by Clause 7 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[22] This Clause is amended by Clause 8 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[23] This Point is amended by Clause 9 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[24] This Article is amended by Clause 10
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[25] This Clause is amended by Clause 11 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[26] The phrase “quy chế quản lý quy hoạch, kiến
trúc đô thị” (“regulations on urban planning and architecture management”) is
replaced with “quy chế quản lý kiến trúc” (“regulations on architecture
management”) according to Point c Clause 3 Article 39 of the Law on
Architecture No. 40/2019/QH14, which has been effective from July 01, 2020.
[27] This Clause is amended by Clause 12 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[28] This Clause is amended by Clause 12 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[29] This Clause is amended by Clause 13 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
[31] This Article is abolished by Clause 15 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[32] This Article is abolished by Point c Clause
2 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been
effective since July 01, 2020.
[33] This Clause is amended by Clause 14 Article
29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning
planning of 37 Laws, which has been effective since January 01, 2019.
[34] This Clause is amended by Point a Clause 2
Article 39 of the Law on Architecture No. 40/2019/QH14, which has been
effective since July 01, 2020.
[35] This Article is abolished by Clause 15
Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles
concerning planning of 37 Laws, which has been effective since January 01,
2019.
[36] This Clause is amended by Point b Clause 2
Article 39 of the Law on Architecture No. 40/2019/QH14, which has been
effective since July 01, 2020.
[37] Articles 141, 142 and 143 of the Law on
Local Government Organization No. 77/2015/QH13, which has been effective since
January 01, 2016, stipulate that:
“Article 141.
Effect
This Circular comes
into force from January 01, 2016.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 142.
Transitional clauses
1. From the
effective date of this Law to the date on which the election of the People’s
Council holding the term 2016 – 2021 is complete, the People’s Council and the
People’s Committee of administrative units shall continue to keep their
organizational structure unchanged and implement duties and powers stipulated
by the Law on Organization of the People’s Council and the People’s Committee
No. 11/2003/QH11.
2. The pilot
cancellation of organization of the People’s Council of suburban districts,
urban districts and wards in accordance with the Resolution No. 26/2008/QH12 of
the National Assembly, the Resolution No. 724/2009/UBTVQH12 of the National Assembly
Standing Committee since January 1, 2016 shall be terminated. The People’s
Committee of suburban districts, urban districts and wards of which the
People’s Council is not organized shall continue to keep its organizational
structure unchanged and implement duties and duties in accordance with the Law
on Organization of the People’s Council and the People’s Committee No.
11/2003/QH11, the Resolution No. 26/2008/QH12 of the National Assembly and the
Resolution No. 725/2009/UBTVQH12 of the National Assembly Standing Committee,
until the local government of these suburban districts, urban districts and
wards is elected in accordance with this Law.
Article 143.
Specific provisions and guidance on implementation
The National
Assembly Standing Committee and the Government shall specify articles and
clauses enshrined in the Law and provide guidance on implementation of this
Law.”.
Article 31 of the Law
No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws,
which has been effective since January 01, 2019, stipulates that:
“Article 31.
Effect
This Circular comes
into force from January 01, 2019.”.
Articles 40 and 41 of
the Law on Architecture No. 40/2019/QH14, which has been effective since July
01, 2020, stipulate that:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Circular comes
into force from July 01, 2020.
Article 41.
Transitional clauses
1. Regulations on
management of urban planning and architecture already approved under the
provisions of the Law on Urban Planning prior to the entry into force of this
Law may be continue to exist till end of December 31, 2021.
2. Construction
architectural design tests or selections governed under the provisions of the
Law on Construction with the selection plan already approved prior to the entry
into force of this Law may be continued to exist till end of December 31, 2021.
3. Construction
practicing certificate granted a person providing construction architectural
design and construction architectural design evaluation services under law on
construction may be valid till end of the expiry date, unless otherwise
prescribed in clause 4 of this Article.
4. If construction
practicing certificate granted a person providing construction architectural
design and construction architectural design evaluation services expires within
the period from July 1, 2020 to end of December 31, 2020, it may be continued
to exist till end of December 31, 2020; in case of being lost or damaged, it
will be reissued in accordance with law on construction.”.
Articles 76 and 77 of
the Law on Investment No.61/2020/QH14, which comes into force from July 01,
2021, stipulate that:
“Article
76. IMPLEMENTATION CLAUSE
1. This Law comes
into force from January 01, 2021, except for the regulations set out in Clause
2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The Law on
Investment No. 67/2014/QH14 amended by the Law No. 90/2015/QH13, the Law No.
03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law
No. 42/2019/QH14 shall cease to have effect from the effective date of this
Law, except for Article 75 of the Law on Investment No. 67/2014/QH14.
4. Individuals who
are Vietnamese citizens may use their personal identification numbers instead of
copies of their identity cards/citizen identity cards, passports or other
personal identification documents upon following administrative procedures set
out in the Law on Investment and Law on Enterprises if the national population
database is connected to the national investment and enterprise registration
database.
5. Any legislative
document that refers to regulations on project approval decisions or investment
guideline decisions in accordance with the Law on Investment shall be
implemented in accordance with the regulations on investment guideline approval
of this Law.
Article 77.
Transitional clauses
1. Investors that
were issued with investment licenses, investment incentive certificates,
investment certificates or investment registration certificates before the
effective date of this Law shall execute their investment projects in
accordance with such investment licenses, investment incentive certificates,
investment certificates or investment registration certificates.
2. Investors are
not required to follow procedures for approval for investment guidelines in
accordance with this Law with respect to the investment projects in one of the
following cases:
a) The investors
obtained investment guideline decisions, investment guideline approval or
investment approval in accordance with regulations of laws on investment,
housing, urban areas and construction before the effective date of this Law;
b) The investors
have started execution of projects that are not subject to approval for their
investment guidelines, investment guideline decision or investment guideline or
issuance of the investment registration certificate in accordance with
regulations of laws on investment, housing, urban areas and construction before
the effective date of this Law;
c) Investors won
the bidding for investor selection or the land use right auction before the
effective date of this Law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If an investment
project specified in Clause 2 of this Article is adjusted and the adjustments
are subject to approval for investment guidelines in accordance with this Law,
the procedures mentioned in this Law must be followed to obtain approval for
investment guidelines or adjust investment guidelines.
4. Any investment
project executed or approved or allowed to be executed in accordance with
regulations of law before July 01, 2015 and subject to project execution
security as prescribed in this Law is not required to have a deposit or a bank
guarantee. If the investor adjusts the objectives or schedule for execution of
the investment project or repurposes land after the effective date of this Law,
the investor must pay a deposit or obtain a bank guarantee in accordance with
this Law.
5. Any debt
collection service contract concluded before the effective date of this Law
shall cease to have effect from the effective date of this Law; and the parties
to such contract may carry out activities to liquidate the contract in
accordance with the civil law and other relevant regulations of law.
6. Foreign-invested
business entities to which market access conditions more favorable than those
prescribed in the List promulgated under Article 9 of this Law are applied may
continue to apply the conditions set out in their issued investment
registration certificate.
7. The regulation
in Clause 3 Article 44 of this Law applies to both investment projects to which
land was allocated before the effective date of this Law and projects to which
land has not yet been allocated.
8. In the event
that the law stipulates that documentation serving administrative procedures
must consist of an investment registration certificate or written approval for
investment guidelines but the investment project is not subject to issuance of
an investment registration certificate or written approval for investment
guidelines as prescribed in this Law, the investor is not required to submit an
investment registration certificate or written approval for investment
guidelines.
9. With respect to
areas which have difficulties in providing land for development of residential
housing, service facilities and public utilities for employees working in
industrial parks, the competent authority may adjust the planning for
construction of industrial zones (for industrial parks established before July
01, 2014) to reserve part of the land area for development of residential
housing, service facilities and public utilities for employees working in the
industrial parks.
After adjustment of
the planning, the land area for development of residential housing, service
facilities and public utilities for employees working in an industrial park
must be outside the geographical boundary of the industrial park and must
ensure an environmental safety distance in accordance with the law on
construction and other relevant regulations of law.
10. Grandfather
clauses on outward investment activities:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Any investor
issued with an outward investment license or certificate or outward investment
registration certificate to make outward investment in a conditional business
line subject to conditional outward investment in accordance with this Law may
continue to make investment according to the issued outward investment license
or certificate or outward investment registration certificate.
11. From the
effective date of this Law, if any document has been received and the deadline
for processing thereof has expired but the results have not been returned in
accordance with the Law No. 67/2014/QH14 on Investment amended by the Law
No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the
Law No. 28/2018/QH14 and the Law 42/2019/QH14, such document shall continue to
be processed in accordance with Law 67/2014/QH14 on Investment amended by the
Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the
Law No. 28/2018/QH14 and the Law No. 42/2019/QH14.
12. The Government
shall elaborate this Article.”.