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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
30/2009/QH12
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Hanoi,
June 17, 2009
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LAW
ON URBAN PLANNING
(No.
30/2009/QH12)
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Urban Planning.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law provides urban planning
activities including elaborating, evaluating, approving and adjusting urban
planning; organizing the implementation of urban planning and managing urban
development according to approved urban planning.
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This Law applies to domestic and
foreign organizations and individuals directly involved in or related to urban
planning activities in Vietnamese territory.
Article 3.
Interpretation of terms
In this Law. the terms below are
construed as follows:
1. Urban center is an area with
a dense population mainly engaged in non-agricultural economic activities,
which is a political, administrative, economic, cultural or specialized center
playing the role of promoting the socioeconomic development of a country, a territorial
region or a locality, and consists of inner city and suburbs, for a city; inner
town and outskirts, for a town; and townships.
2. New urban center is an urban
center expected to be formed in the future in line with the orientation of the
master plan on the national system of urban centers, which is invested and
constructed to step by step reach the criteria of urban centers as prescribed
by law.
3. New urban quarter is an area
within an urban center which is newly built with complete technical and social
infrastructure and houses.
4. Urban planning is the
organization of the space, architecture, urban landscape and system of
technical and social infrastructure facilities and houses in order to create an
appropriate living environment for people living in an urban center, which is
expressed on an urban plan.
5. Planning tasks are
requirements on study and organization of implementation approved by competent
authorities as a basis for making an urban plan.
6. Urban plan is a document
reflecting the contents of urban planning, including drawings, mock-ups,
explanations and regulations on management according to urban planning.
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8. Zoning planning is the
division and determination of functions and norms on the use of planned urban
land of land areas, networks of social and technical infrastructure facilities
within an urban area in order to concretize a general plan.
9. Detailed planning is the
division and determination of norms on the use of planned urban land,
requirements on management of architecture and landscape of each lot of land:
arrangement of technical and social infrastnicture facilities in order to
concretize a zoning plan or general plan.
10. Urban planning period is a
specified period used as a basis for forecasting and calculating
econo-technical norms for the making of an urban plan.
11. Validity period of urban
planning is a specified period counting from the time when an urban plan is
approved to the time it is adjusted or cancelled under a decision.
12. Urban architecture is a
combination of objects in an urban center, including architectural, technical,
art and advertisement works whose existence, image and shape dominate or
directly affect urban landscape.
13. Urban space is a space
covering urban architectural objects, trees and water surface in an urban
center directly affecting urban landscape.
14. Urban landscape is a
specific space with various observation directions in an urban center, such as
the space in front of an architectural complex, a square, a street, a pavement,
a footpath, a park, a greenery, a tree garden, a flower garden, a hill, a
mountain, a hillock, an island, an islet, a natural land slope, a coastal
strip, lake surface, river surface, a canal or a trench in an urban center and
public-utility space in an urban center.
15. Norms on the use of planned
urban land are norms for spatial and architectural development management which
are specified for an area or a lot of land, including construction density,
land use co-efficient and maximum and minimum construction heights of works.
16. Planning certificate is a
document granted by a competent agency certifying the data and information
relating to an area or a lot of land according to the approved urban plan.
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18. Framework technical
infrastructure is a system of main technical infrastructure facilities of an
urban center, including trunk roads, energy transmission lines, water supply
lines, water drainage lines, information and telecommunications lines and key
technical works.
19. Underground space is a space
under the ground planned for the construction of urban underground works.
Article 4.
Classification and levels of administration of urban centers
1. Urban centers are classified
into 6 grades, including special grade and grades I, II, III, IV and V,
according to the following basic criteria:
a/ Location, function, role,
structure and socio-economic development level of urban center;
b/ Population size;
c/ Population density;
d/ Non-agricultural labor
proportion;
e/ Infrastructure development
level.
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a/ A city directly under the
central government (centrally run city) must be an urban center of special
grade or grade I;
b/ Provincial city must be an
urban center of grade I. II or III;
c/ Town must be an urban center
or grade III or IV;
d/ Township must be an urban
center of grade IV or V.
3. The Government shall specify
the classification and administrative management levels of urban centers as
suitable to each period of socio-economic development.
Article 5.
Principle of compliance with urban planning
Organizations and individuals
shall comply with approved urban planning and the regulation on management of
urban planning and architecture when implementing programs and plans on
investment in urban construction and development, specialized plans within
urban centers, urban land use plans, managing the implementation of
construction investment projects in urban centers, managing urban space,
architecture and landscape or carrying out other activities related to urban
planning.
Article 6.
Requirements on urban planning
1. To concretize the orientation
of the master plan on the national system of urban centers and related regional
plans; to comply with the objectives of the strategy and master plan on
socio-economic development, defense and security; to ensure consistency with
branch development plans within urban centers; to ensure publicity and
transparency and harmonious combination of the interests of the nation,
communities and individuals.
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3. To protect the environment,
prevent catastrophes affecting the community, improve landscape, conserve
cultural and historical relics and local traits through strategic environmental
assessment in the course of urban planning.
4. To rationally exploit and
utilize natural resources, restrict the use of agricultural land, economically
and efficiently use urban land in order to create resources for urban
development, economic growth, assurance of social welfare, defense and security
and sustainable development.
5. To ensure synchronism in
architectural space, system of urban social and technical infrastructure and
underground space; to harmoniously develop different areas in urban centers.
6. To meet the needs for houses,
health, educational, cultural, sports and trade facilities, parks, trees, water
surface and other social infrastructure facilities.
7. To meet the needs for
technical infrastructure including systems of roads, energy supply, public
lighting, water supply and drainage, waste treatment, information and
communication, and other technical infrastructure facilities; ensure smooth
connection of technical infrastructure systems within urban centers and
compatibility with regional, national and international technical
infrastructure facilities.
Article 7.
Order of elaboration, evaluation and approval of urban planning
The elaboration, evaluation and
approval of urban planning must follow the following order:
1. Elaboration of urban planning
tasks;
2. Evaluation and approval of
urban planning tasks;
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4. Evaluation and approval of
urban plans.
Article 8.
Rights and responsibilities of agencies, organizations and individuals in
commenting on and supervising urban planning activities
1. Domestic organizations and
individuals have the right to comment on and supervise urban planning
activities.
2. Organizations and individuals
have the duty to comment on issues related to their operations in urban
planning activities.
3. Agencies and organizations
responsible for urban planning activities shall create conditions for
commenting on and supervising urban planning activities.
4. Comments of organizations and
individuals on urban planning activities must be summed up, studied and
publicized.
Article 9.
Archive and preservation of urban plan dossiers
1. Approved urban plan dossiers
shall be archived under the archive law.
2. Urban planning management
agencies and land management agencies at all levels shall preserve urban plan
dossiers and supply documents of urban plan dossiers to agencies, organizations
and individuals in accordance with law.
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1. Urban planning consultancy
organizations must have the legal person status; and meet all conditions on
quantity and professional capacity of individuals involved in urban planning,
management capacity and technical conditions relevant to performed jobs.
2. Individuals involved in urban
planning must possess practicing certificates granted by competent agencies or
organizations and capabilities relevant to performed jobs.
3. Foreign consultancy organizations
and individuals involved in urban planning in Vietnam must, in addition to
fully meeting the conditions stated in Clauses 1 and 2 of this Article, be
accredited by competent Vietnamese agencies.
4. The Government shall specify
conditions and capabilities of consultancy organizations and individuals
involved in urban planning; and the competence and order for the grant of
practicing certificates.
Article 11.
Selection of consultancy organizations for urban planning
1. Urban planning must be conducted
by consultancy organizations, which shall be selected through designation or
competition.
2. The Government shall specify
the forms of designation and competition to select urban planning consultancy
organizations.
Article 12.
Funds for urban planning and realization of urban planning
1. The funds for urban planning
and realization of urban planning include:
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b/ Funds of organizations and
individuals for urban planning under investment projects on the construction of
works for business purposes.
2. The State encourages domestic
and foreign organizations and individuals to finance urban planning.
3. State budget funds for urban
planning and realization of urban planning shall be used for the following
jobs:
a/ Conducting topographical and
geological surveys to serve urban planning;
b/ Elaborating, evaluating and
approving urban planning;
c/ Managing urban planning
operations;
d/ Publishing and disclosing
urban planning;
e/ Placing boundary markers on
the field according to urban planning;
f/ Elaborating regulations on management
of urban planning and architecture;
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4. The Government shall specify
the use of funds for urban planning and realization of urban planning.
Article 13.
Contents of state management of urban planning
1. Formulating, and directing
the materialization of, urban development orientations and strategies.
2. Promulgating, and organizing
the implementation of, legal documents on management of urban planning
activities.
3. Issuing regulations and
standards on urban planning, and regulations on management of urban planning
and architecture.
4. Managing urban planning
activities.
5. Propagating, disseminating
and educating in the law and information on urban planning.
6. Organizing and managing the
training and retraining of human resources, research and application of
sciences and technologies in urban planning activities.
7. Conducting international
cooperation in urban planning activities.
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Article 14.
State management responsibilities for urban planning
1. The Government shall perform
the unified state management of urban planning nationwide.
2. The Ministry of Construction
shall take responsibility to the Government for performing the state management
of urban planning; assume the prime responsibility for, and coordinate with
state agencies in, performing the state management of urban planning.
3. Ministries and ministerial-level
agencies shall, within the ambit of their tasks and powers and according to the
assignment of the Government, coordinate with the Ministry of Construction in
performing the state management of urban planning.
4. The People's Committees at all
levels shall perform the state management of urban planning in localities as
decentralized by the Government.
Article 15.
Inspection of urban planning
1. The construction inspectorate
shall perform the function of inspecting urban planning.
2. The urban planning
inspectorate has tasks and powers under the inspection law.
Article 16.
Prohibited acts
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2. Selecting incapable
consultancy organizations for urban planning.
3. Elaborating, evaluating,
approving and adjusting urban planning in violation of this Law.
4. Illegally intervening in
urban planning activities.
5. Granting planning licenses in
violation of this Law,
6. Granting planning
certificates in areas without approved urban planning.
7. Refusing to provide
information, except for information classified as state secret; providing wrong
information on urban planning.
8. Deliberately violating
approved urban planning.
9. Destroying urban space,
architecture and landscape.
10. Place boundary markers in
wrong places; destroying and displacing urban planning boudary markers.
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Chapter II
URBAN PLANNING
Section 1.
ORGANIZATION OF URBAN PLANNING
Article 17.
Orientations of the master plan on the national system of urban centers
1. Orientations of the master
plan on the national system of urban centers are formulated to determine the
national network of urban centers as a basis for urban planning.
2. The Ministry of Construction
shall base itself on the strategy and master plan on socioeconomic
development, defense and security to formulate orientations of the master plan
on the national system of urban centers and submit them to the Prime Minister
for approval.
Article 18.
Types of urban planning
1. Urban planning is of the
following types:
a/ General planning, which is
made for centrally run cities, provincial cities, towns, townships and new
urban centers;
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c/ Detailed planning, which is
made for areas to meet urban development and management requirements or
construction investment needs.
2. Technical infrastructure
planning constitutes part of general planning, zoning planning or detailed
planning; particularly for centrally run cities, technical infrastructure
planning is made separately as specialized technical infrastructure planning.
3. The Ministry of Construction
shall prescribe dossiers for each type of urban planning.
Article 19.
Urban planning responsibilities
1. The Ministry of Construction
shall assume the prime responsibility for, and coordinate with the People's
Committees of provinces and centrally run cities in, organizing general planning
for new urban centers of a planning scope related to the administrative
boundaries of two or more provinces and centrally run cities, general planning
for new urban centers with a projected population equal to that of urban
centers of grade III or higher, and other planning assigned by the Prime
Minister.
2. The People's Committees of
provinces and centrally run cities shall organize general planning for
centrally run cities, general planning for new urban centers, specialized
technical infrastructure planning for centrally run cities, zoning planning and
detailed planning for zones of a scope related to the administrative boundaries
of two or more rural and/or urban districts, areas in new urban centers and
areas of importance, excluding urban planning stated in Clause 1 and Clause 7
of this Article.
3. The People's Committees of
provincial cities and towns shall organize general planning for provincial
cities and towns, zoning planning and detailed planning within the
administrative boundaries under their management, excluding urban planning
stated in Clauses 1, 2 and 7 of this Article.
4. The People's Committees of
urban districts shall organize zoning planning and detailed planning within the
administrative boundaries under their management, excluding urban planning
stated in Clauses 1, 2 and 7 of this Article.
5. The People's Committees of
rural districts of a centrally run city shall organize general planning and
detailed planning for townships, zoning planning and detailed planning within
the administrative boundaries under their management, excluding urban planning
stated in Clauses 1, 2 and 7 of this Article.
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7. Investors of construction
investment projects shall organize detailed planning for areas assigned to them
for investment.
Section 2.
COLLECTION OF COMMENTS ON URBAN PLANNING
Article 20.
Responsibility to collect comments on urban planning
1. Agencies organizing urban
planning and investors of construction investment projects specified in Clause
7, Article 19 of this Law shall collect comments of concerned agencies,
organizations, individuals and communities on urban planning tasks and urban
plans.
Concerned People's Committees
and planning consultancy organizations shall coordinate with agencies
organizing urban planning or investors of construction investment projects specified
in Clause 7, Article 19 of this Law in collecting comments.
2. For urban planning tasks and
urban plans under the approving competence of the Prime Minister, the Ministry
of Construction shall collect comments of other concerned ministries, agencies
and organizations at the central level; concerned People's Committees shall
collect comments under Clause 1 of this Article.
3. Planning consultancy
organizations shall collect comments of concerned agencies, organizations,
individuals and communities on urban plans.
4. Contributed comments must be
fully synthesized, explained, assimilated and reported to competent authorities
for consideration before approval of urban planning.
Article 21.
Forms and time of collecting comments
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2. The collection of comments of
population communities on general planning tasks and plans shall be conducted
by consulting their representative in the form of distributing survey cards and
questionnaires. Population community representatives shall synthesize comments
of their communities in accordance with the law on grassroots democracy.
3. The collection of comments of
population communities on zoning planning and detailed planning tasks and plans
shall be conducted by opinion polls through public display or introduction of
planning options on the mass media.
4. The time limit for giving
comments is at least 15 days for agencies, and 30 days for organizations,
individuals and communities.
Section 3.
URBAN PLANNING TASKS
Article 22.
Requirements on urban planning tasks
1. Urban planning tasks must
determine development viewpoints and objectives in response to the requirements
of each urban center and each planned area as a basis for conducting studies to
make urban plans.
2. Urban planning tasks must be
approved by competent agencies under Articles 44 and 45 of this Law.
Article 23.
Contents of urban planning tasks
1. General urban planning tasks
must determine the nature and role of urban centers, basic requirements on
studies to exploit the deve-lopment potential, driving force and orientations,
urban expansion, arrangement of the systems of urban social and technical
infrastructure facilities in inner areas and suburbs: and requirements on
strategic environmental assessment.
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3. Detailed planning tasks must
determine the limits of land use and population: requirements and principles of
organization of architectural space, social and technical infrastructure in the
planned area, ensuring conformity with approved general planning and zoning
planning and suitability with adjacent areas; requirements on strategic
environmental assessment.
4. In case of planning the
renovation and refurbishment of urban centers, planning tasks must identify
requirements on studies to assure balanced and stable development of urban
centers or planned areas, preserve architectural space and characteristics of
urban centers and improve the people's living conditions.
5. In case of planning new urban
centers or urban quarters, planning tasks must identify requirements on studies
to ensure synchronism and completeness of the systems of social and technical
infrastructure facilities in urban centers and connection with technical
infrastructure outside urban centers, and modern architectural space and living
environment.
Section 4.
MAKING OF URBAN PLANS
Article 24.
Bases for making urban plans
1. Strategies and master plans
on socioeconomic development, defense and security, orientations of the master
plan on the national system of urban centers, regional construction planning
and higher-level urban planning already approved.
2. Approved sector planning.
3. Approved urban planning
tasks.
4. Urban planning standards and
sectoral standards.
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6. Socio-economic documents and
data on related localities and sectors.
Article 25.
General plans of centrally run cities
1. A general plan of a centrally
run city must indicate the development objectives and driving force, population
size, land area and basic norms on social and technical infrastructure of the
city; development model, development structure of the space of the inner area
and suburbs, including underground space; orientation of the system of
framework technical infrastructure facilities; strategic environmental
assessment; priority investment programs and resources for implementation.
2. Drawings of a general plan of
a centrally run city shall be made on a 1:25,000 or 1:50,000 scale. The plan
must clearly indicate the inner area and areas planned for development.
3. The period of a general plan
of a centrally run city is between 20-25 years, with a vision for 50 years.
4. The approved general plan of
a centrally run city serves as a basis for conducting specialized urban
technical infrastructure planning and zoning planning for the city.
Article 26.
General plans of provincial cities, towns
1. A general plan of a provincial
city or town must indicate the development objectives and driving force,
population size, land area and basic norms on social and technical
infrastructure; development model, development orientation of the space of the
inner area and suburbs, political-administrative, service, trade, cultural,
education, training and health centers, green parks, physical training and
sports facilities in the city or town; planning on the system of framework
technical infrastructure facilities on the ground, overhead and underground;
strategic environmental assessment; priority investment plans and resources for
implementation.
2. Drawings of a general plan of
a city or town shall be made on a 1:10.000 or 1:25,000 scale. The dossier must
clearly indicate the inner area and areas planned for development.
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4. The approved general plan of
a city or town serves as a basis for conducting zoning planning and detailed
planning for areas and making investment projects on the construction of
framework technical infrastructure in the city.
Article 27.
General plans of townships
1. A general plan of a township
must indicate the development objectives and driving force, population size,
land area and norms on social and technical infrastructure in the township;
organization of urban space, planning on social infrastructure facilities and
the system of technical infrastructure facilities; strategic environmental
assessment; priority investment plans and resources for implementation.
2. Drawings of a general plan of
a township shall be made on a 1:5,000 or 1:10,000 scale.
3. The period of a general plan
of a township is between 10-15 years.
4. The approved general plan of
a township serves as a basis for conducting detailed planning for areas and
making investment projects on the construction of technical infrastructure in
the township.
Article 28.
General plans of new urban centers
1. A general plan of a new urban
center contains an analysis and clarification of bases for the formation and
development of the urban center; studies on the model of development of the
space, architecture and environment suitable to the nature and functions of the
urban center; identifies development stages, implementation plans and projects
to create a driving force for forming and developing the new urban center and a
model of urban development management; and strategic environmental assessment.
2. Drawings of a general plan of
a new urban center shall be made on a 1:10.000 or 1:25.000 scale.
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4. The approved general plan of
a new urban center serves as a basis for conducting zoning planning and
detailed planning for areas and making investment projects on framework
technical infrastructure in the new urban center.
Article 29.
Zoning plans
1. A zoning plan must indicate
the use functions for each lot of land; principles of organization of space,
architecture and landscape for the entire planned area; norms on population,
land use and technical infrastructure for each street block; arrangement of
social infrastructure facilities in response to their use needs; arrangement of
the network of technical infrastructure facilities in each street suitable to
each development period of the urban center; and strategic environmental
assessment.
2. Drawings of a zoning plan
shall be made on a 1:5.000 or 1:2.000 scale.
3. The period of a zoning plan
shall be determined on the basis of the period of the general planning and
urban management and development requirements.
4. The approved zoning plan
serves as a basis for identifying construction investment projects in the urban
center and conducting detailed planning.
Article 30.
Detailed plans
1. A detailed plan must indicate
the norms on population, social and technical infrastructure and requirements
on organization of space and architecture for the entire planned area;
arrangement of social infrastructure facilities in response to their use needs;
norms on land use and requirements on work architecture for each lot of land;
arrangement of the network of technical infrastructure facilities up to the
boundary of each lot of land; and strategic environmental assessment.
2. Drawings of a detailed plan
shall be made on a 1:500 scale.
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4. The approved detailed plan
serves as a basis for granting construction permits and formulating
construction investment projects.
Article 31.
Planning for renovation and refurbishment of urban centers; development of new
urban quarters and new trunk roads in urban centers
1. When planning renovation and refurbishment
of an urban center, it is necessary to evaluate the current use of land, social
and technical infrastructure facilities, cultural, social and environmental
factors of the urban center and the planned area in order to come up with
appropriate supplementation and adjustment solutions to economically and
efficiently exploit and use urban land, ensure the needs for using social and
technical infrastructure; preserve and promote the identity, space,
architecture and landscape of the urban center.
2. When planning a new urban
quarter, it is necessary to abide by the principles of economical and efficient
use of land, effective utilization of existing infrastructure systems, close
connection between to be-developed areas and existing urban center; ensure the
synchronous and complete system of social and technical infrastructure
facilities and services in the urban center and harmony between to be-developed
areas and existing residential areas; protect natural resources and preserve
the identity of the areas.
3. Detailed planning for new
trunk roads in an urban center must ensure the following requirements:
a/ The planned area must be at
least 50 m outward from the red-line boundary of a planned road;
b/ To effectively exploit the
land fund along both sides of a road; to study the space, architecture and
shape of construction works and the setback of each specific work, ensuring the
integrity and peculiarities of the area.
Article 32.
Urban design
1. Urban design is part of an
urban plan, which is made under Clauses 1, 2 and 3, Article 33 of this Law.
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3. The elaboration, evaluation
and approval of separate urban design plans comply with Articles 19, 20, 21,
41, 42, 43, 44 and 45 of this Law applicable to detailed plans.
Article 33.
Details of an urban design
1. The urban design in a general
plan must indicate architectural and landscape areas in an urban center;
proposed organization of space in central areas and gateways, main spatial
axis, big squares, greenery space, water surface and prominent points in the
urban center.
2. The urban design in a zoning
plan must indicate control limits of norms on setback and urban landscape along
trunk roads and in central areas; areas with open space, prominent works and
street blocks in the designed area.
3. The urban design in a
detailed plan must indicate prominent works in the planned area, visions and
construction heights of works in each lot of land and the whole area; setback of
works along each street and crossroad; dominant shapes, colors and forms of
architecture of architectural works; systems of trees, water surface and
squares.
4. The urban design of a
separate urban design plan must indicate the construction height for each work;
setback of works along each street and crossroad: colors, materials, forms and
details of architecture of works and other architectural objects; organization
of public trees, garden yards, street trees and water surface.
Article 34.
Regulation on management according to urban plan or urban design
1. A regulation on management
according to urban plan or urban design is a regulation on norms on land use in
each area or lot of land, technical parameters of the system of technical
infrastructure, organization of space, architecture and landscape in the
planned urban area.
2. On the basis of drawings and
explanations of urban plans, urban designs, recommendations and measures to
realizing urban planning, consultancy organizations compiling urban plans or
urban designs shall elaborate regulations on management according to urban plan
or urban design and submit them to agencies approving urban plans or urban
designs.
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Article 35.
Contents of a regulation on management according to urban plan or urban design
plan
1. A regulation on management
according to the general plan contains the following principal contents:
a/ Norms on area and density of
construction, land use coefficient and maximum and minimum heights of works in
each functional quarter in an urban center;
b/ Control of space and
architecture in areas in an urban center;
c/ Red-line boundary markers of
main streets and the control construction ground floor level in an urban
center;
d/ Locations and scope of
protection and safety corridors of underground works;
e/ No-construction areas; scope
of protection and safety corridors of technical infrastructure facilities;
environmental protection measures;
f/ Areas of conservation and
embellishment of architectural works, historical and cultural relics, spots of
beauty and scenic places and landscape areas in an urban center.
2. A regulation on management
according to the zoning plan contains the following principal contents:
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b/ Locations, boundaries, nature
and scopes of functional quarters in the planned area; norms on density of
construction, land use coefficients and maximum and minimum heights and
standard construction ground floor level of each street; red-line boundary
markers, construction ground floor level and specific technical requirements of
each road; and scope of protection and safety corridors of technical infrastructure
facilities;
c/ Major spatial axes, prominent
points in an urban center;
d/ Locations and scopes of
protection and safety corridors of underground works;
e/ Areas of conservation,
renovation and embellishment of historical and cultural relics, spots of beauty,
scenic places and landscape areas and environmental protection.
3. A regulation on management
according to the detailed plan contains the following principal contents:
a/ Boundary and scope of the
planned area; b/ Locations, boundaries, functions and sizes of land lots in the
planned area: norms on density of construction, land use coefficients and
standard construction ground floor level of each lot of land; heights, floor
and ceiling levels of the ground storey; forms of architecture and fences of
works, building materials of works; red-line boundary markers, construction
markers, and specific technical requirements of each road, street and lane; and
scope of protection and safety corridors of technical infrastructure
facilities;
c/ Locations and scope of
protection and safety corridors of underground works;
d/ Conservation, renovation and
embellishment of architectural works, historical and cultural relics, spots of
beauty, scenic places and landscape areas and environmental protection.
4. A regulation on management
according to the urban design plan contains the following principal contents:
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b/ Functions, density of
construction, standard construction ground floor level of each lot of land;
heights, forms of architecture and fences of works, building materials of
works; floor and ceiling levels of the ground storey, and setback of works;
c/ Public works, small
architectural works; architecture covering urban technical infrastructure
facilities;
d/ Conservation, renovation and
embellishment of architectural works, historical and cultural relics, spots of
beauty, scenic places and landscape areas and environmental protection.
Section 5.
URBAN TECHNICAL INFRASTRUCTURE PLANNING
Article 36.
Objects of urban technical infrastructure planning
Urban technical infrastructure
planning shall be conducted for the following objects:
1. Urban transport:
2. Urban base heights and
surface water drainage;
3. Urban water supply;
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5. Energy supply and urban
lighting;
6. Information and
communication;
7. Cemeteries and solid waste
treatment.
Article 37.
Contents of urban technical infrastructure planning
1. Urban transport planning must
indicate land funds reserved for transport construction and development,
locations and sizes of key works; organization of the urban transport system on
the ground, overhead and underground; and the scope of protection and corridors
for traffic safety.
2. Base height and urban surface
water drainage planning must indicate areas favorable for construction in each
area and urban center: main basins for water drainage, and areas where
construction is banned and restricted; standard construction ground floor
level, network of surface water drainage and key works; and measures of
preventing and mitigating damage caused by natural disasters.
3. Urban water supply planning
must indicate the need for and selection of water sources; locations and sizes
of water supply works, including the networks of transmission and distribution,
water plants, cleaning stations, scope of protection of water sources and
protection corridors of water supply facilities;
4. Urban wastewater drainage
planning must indicate the total volume of wastewater, locations and sizes of
water drainage works, including networks of drainage pipelines, wastewater
drainage plants and stations, sanitation distance from and corridors of
protection of urban wastewater drainage works.
5. Energy supply and lighting
planning must indicate energy use needs, supply sources, requirements of
locations and size of key works, transmission and distribution networks: safety
corridors and scopes of protection of works: and comprehensive solutions for
urban lighting.
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7. Solid waste treatment
planning must indicate the total volume of solid waste, locations and sizes of transfer
depots, solid waste treatment facilities, auxiliary works and sanitation
distance from solid waste treatment facilities.
8. Cemetery planning must
indicate burial needs, locations, sizes and boundaries of cemeteries,
functional sub-zones, arrangement of technical infrastructure works and
sanitation distance from cemeteries.
Article 38.
Specialized technical infrastructure plans
1. A specialized technical
infrastructure plan stated in Clause 2. Article 18 of this Law shall be made
for each technical infrastructure object in the whole urban center.
2. A specialized technical
infrastructure plan must comply with Articles 37 and 39 of this Law and the
approved general plan of the centrally run city concerned.
3. The period of specialized
technical infrastructure planning coincides with that of the general plan.
4. An approved specialized
technical infrastructure plan serves as a basis for formulating an investment
project on the construction of a framework system of urban technical
infrastructure.
Section 6.
STRATEGIC ENVIRONMENTAL ASSESSMENT IN URBAN PLANNING
Article 39.
Content of strategic environmental assessment
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2. The content of strategic
environmental assessment of an urban plan covers:
a/ Assessment of the present
situation of the urban environment regarding hydro-meteorological conditions:
quality of water, air and ecosystem, geology; soil erosion; solid wastes,
wastewater and noise: exploitation and utilization of natural resources;
climate change; social issues, landscape, culture and heritage sites, as a
basis for putting forward urban planning solutions:
b/ Forecasts about environmental
development in the course of realizing urban planning:
c/ Comprehensive solutions to
preventing, reducing and remedying environmental impacts and making
environmental monitoring plans.
3. The Government shall specify
the content of strategic environmental assessment of an urban plan.
Article 40.
Evaluation of the content of strategic environmental assessment
1. The evaluation of the content
of strategic environmental assessment shall be conducted in the course of
evaluating an urban plan.
2. The agency evaluating urban
planning shall assume the prime responsibility for. and coordinate with the
environment state management agency in evaluating its content of strategic
environmental assessment.
Chapter
III
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Article 41.
Agencies evaluating urban planning tasks and urban plans
1. The Ministry of Construction
shall evaluate urban planning tasks and urban plans falling under the approving
competence of the Prime Minister.
2. Provincial-level urban
planning management agencies shall evaluate urban planning tasks and urban
plans falling under the approving competence of provincial-level People's
Committees, except detailed planning tasks of areas under construction
investment projects with planning licenses.
3. District-level urban planning
management agencies shall evaluate urban planning tasks and urban plans falling
under the approving competence of district-level People's Committees, except
detailed planning tasks of areas under construction investment projects with
planning licenses.
Article 42.
Evaluation councils
1. The Ministry of Construction
shall decide to establish an evaluation council in the following cases:
a/ Urban planning under the
approving competence of the Prime Minister:
b/ Urban planning of special
political, socioeconomic, cultural and historical importance which is assigned
by the Prime Minister to the Ministry of Construction.
2. People's Committees competent
to approve urban planning shall decide to set up evaluation councils, except cases
stated in Clause 1 of this Article.
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Article 43.
Contents of evaluation of urban planning tasks and urban plans
1. Evaluation of urban planning
tasks covers:
a/ Compliance of urban planning
tasks with socio-economic development, defense and security requirements and
higher-level urban planning;
b/ Content requirements for each
type of urban planning tasks specified in Article 23 of this Law;
2. Evaluation of an urban plan
covers:
a/ Eligibility of urban planning
consultancy organizations as prescribed in Article 10 of this Law;
b/ Grounds for making urban
plans prescribed in Article 24 of this Law;
c/ Compliance of urban plans
with urban planning tasks and requirements prescribed in Article 6 of this Law
and content requirements for each type of plan prescribed in Sections 3, 4 and
5, Chapter II of this Law.
Article 44.
Competence to approve urban planning tasks and urban plans
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a/ General planning of centrally
run cities, general planning of provincial cities which are grade-I urban
centers, general planning of new urban centers with a forecast population
equivalent to that of grade-Ill urban centers and new urban centers with a
planning scope related to the administrative boundaries of two or more
provinces;
b/ Specialized technical
infrastructure planning of centrally run cities which are special-grade urban
centers;
c/ General planning, zoning
planning and detailed planning of areas of special national political,
socio-economic, cultural, historical importance;
d/ Other types of planning
assigned by the Prime Minister to the Ministry of Construction.
2. The People's Committees of
provinces and centrally run cities shall approve the following urban planning
tasks and urban plans:
a/ General planning of
provincial cities, towns, townships and new urban centers, except those
specified at Point a. Clause 1 of this Article: for general plans of grade-II.
grade-Ill and grade-IV urban centers and new urban centers, written agreement
of the Ministry of Construction is required before approval;
b/ Specialized technical
infrastructure planning of centrally run cities, excluding planning specified
at Point b. Clause 1 of this Article, after obtaining written agreement of the
Ministry of Construction;
c/ Zoning planning of
special-grade and grade-I urban centers; zoning planning and detailed planning
of areas in urban centers which are related to the administrative boundaries of
two or more rural or urban districts, areas of important significance, and
areas within new urban centers, excluding planning specified at Point c. Clause
1 and planning tasks specified in Clause 5 of this Article.
3. People's Committees of
provincial cities, towns, urban districts and People's Committees of rural
districts of centrally run cities shall approve zoning planning and detailed
planning tasks and zoning plans and detailed plans within the administrative
boundaries under their respective management, excluding types of urban planning
specified in Clauses 1 and 2 and urban planning tasks specified in Clause 5 of
this Article, after obtaining written agreement of provincial-level urban
planning management agencies.
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5. Investors of construction
investment projects shall approve detailed planning tasks of areas with
planning licenses.
6. People's Committees of
cities, towns and townships shall report to the People's Councils of the same
level on general urban planning before such planning is approved by competent
state agencies.
Urban planning agencies shall
coordinate with People's Committees of cities, towns and townships in reporting
to the People's Councils of the same level on general urban planning of cities,
towns and townships.
7. The Government shall specify
the order and procedures for approving urban planning tasks and urban plans.
Article 45.
Forms and contents of approving urban planning tasks and urban plans
1. Urban planning tasks and
urban plans shall be approved in writing.
2. A document approving an urban
plan must contain the major details of the plan specified in Articles 23, 25,
26, 27, 28, 29, 30, 33, 37 and 39 of this Law and attached list of approved
drawings.
Chapter IV
ADJUSTMENT OF URBAN
PLANNING
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1. Urban planning shall be periodically
reviewed and evaluated in the course of implementation so as to be promptly
adjusted in response to the socio-economic development situation in each
period.
General planning and zoning
planning shall be reviewed once every five years and detailed planning once
every 3 years, counting from the date they are approved.
2. People's Committees at all
levels shall review approved urban planning.
3. Urban planning review results
shall be reported in writing to agencies with urban planning-approving competence.
4. Based on the socio-economic
development and factors affecting the urban development process, agencies with
urban planning-approving competence shall decide to adjust urban planning.
Article 47.
Conditions on adjustment of urban planning
An urban planning may be
adjusted in any of the following cases:
1. There is an adjustment to the
strategy or master plan on socio-economic development, defense and security,
orientations of the master plan on the national system of urban centers,
regional construction planning, higher-level urban planning and administrative
boundaries greatly affecting the nature, function and size of the urban center
or planned area;
2. A key project of national
importance is formed, which greatly affects urban land use, environment and
spatial and architectural layout;
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4. There is a change in climate,
geological or hydrological conditions;
5. Serving national and
community interests.
Article 48.
Principles of adjustment of urban planning
1. Focusing on contents to be
adjusted while other contents already approved continue to be legally valid.
2. Making adjustment based on
analysis and assessment of the current conditions, clearly indicating urban
renovation and refurbishment requirements and proposing adjusted norms on land
use, solutions to organization of space, architecture and landscape in each
area; and solutions to renovating the network of technical and social
infrastructure facilities in response to development requirements.
Article 49.
Types of adjustment of urban planning
1. Overall adjustment of urban
planning is prescribed as follows:
a/ Overall adjustment of urban
planning is made when the nature, functions and scope of an urban center or an
area with detailed planning are changed or the expected adjustment would change
the general structure and development orientation of an urban center; the
nature, function, scope and major planning solutions of an area with zoning and
detailed planning:
b/ Overall adjustment of an
urban plan must meet practical requirements, comply with the socio-economic
development trend and urban development orientation in the future, improve the
quality of the living environment, infrastructure and landscape of the urban
center; ensure continuity and not greatly affect ongoing investment projects.
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a/ Partial adjustment of urban
planning is made when the expected adjustment will not greatly affect the
nature, boundary and general development orientation of an urban center; the
nature, function, scope and major planning solutions of an area with zoning and
detailed 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 center on the basis of analysis and clarification of
reasons for adjustment, socioeconomic benefits of the adjustment; and
solutions to problems caused by the adjustment.
Article 50.
Order of overall adjustment of urban planning
1. Agencies responsible for
urban planning shall report proposals for overall adjustment of urban planning
to agencies with urban planning-approving competence for approval.
2. After obtaining approval of
agencies with urban planning-approving competence, the elaboration, evaluation
and approval of overall adjustment tasks and plans and publication of adjusted
urban planning comply with Articles 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30,
33, 35, 37, 39, 41, 42, 43, 44, 48, 53 and 54 of this Law.
Article 51.
Order of partial adjustment of urban planning
1. Agencies responsible for
urban planning shall report on contents and plans on partial adjustment of
urban planning and organize meetings to collect opinions of population communities
in areas with planning to be adjusted and in adjacent areas to be directly
affected, then submit them to agencies with urban planning-approving competence
for consideration.
2. Agencies with urban
planning-approving competence shall consider and decide on partial adjustment
in writing on the basis of opinions of urban planning-evaluating agencies.
3. Urban planning agencies shall
update and reflect adjusted contents in planning dossiers. Adjusted contents of
urban planning shall be publicized under Article 53 of this Law.
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1. When it is necessary to
adjust the boundary or some norms on planned urban land use for implementing
investment projects to build concentrated or individual works in an area with
approved detailed planning, competent agencies shall base themselves on urban
planning standards, technical and social infrastructure conditions of urban
centers or areas and the regulations on management of urban planning and
architecture to decide on the adjustment through granting planning licenses
under Article 71 of this Law.
2. The adjustment of the
boundary or some norms of planned urban land use of a lot of land must not
affect the nature, architectural space, landscape, the environment and the
technical and social infrastructure-providing capacity of the urban center and
area.
Chapter V
ORGANIZATION OF
REALIZATION OF, AND MANAGEMENT OF URBAN DEVELOPMENT ACCORDING TO, URBAN PLANNING
Section I.
ORGANIZATION OF REALIZATION OF URBAN PLANNING
Article 53.
Publicization of urban planning
1. Within 30 days after being
approved, urban plans shall be publicized in the following forms:
a/ Constant display of drawings
and mock-ups at offices of urban planning-related state management agencies at
all levels, urban planning exhibition and information centers and planned
areas;
b/ Information on the mass
media;
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2. Contents to be publicized
include basic details of the plan and the promulgated regulations on management
according to urban plans and urban designs, excluding contents related to
defense, security and national secrets.
3. Urban planning management
agencies shall fully update the implementation of approved urban plans for
timely publicization by competent agencies to organizations and individuals for
information and supervision.
Article 54.
Responsibility for publicizing urban planning
1. People's Committees of
cities, towns and townships shall publicize general plans made for their
cities, towns and townships.
2. People's Committees of urban
districts and rural districts of centrally run cities. People's Committees of
provincial cities, towns and townships shall publicize zoning plans and
detailed plans made for areas within the administrative boundaries under their
management.
Article 55.
Provision of information on urban planning
1. Urban planning management
agencies at all levels shall provide information on approved urban planning for
organizations and individuals upon request.
2. The provision of information
on urban planning shall be conducted in the forms of direct explanation, on the
mass media and grant of planning certificates.
3. Provided information must be
based on approved urban plans and urban designs and promulgated regulations on
management according to urban plan and urban design.
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Article 56.
Grant of planning certificates
1. Urban planning management
agencies at all levels shall base themselves on approved urban plans and
promulgated regulations on management according to urban plan and urban designs
to grant planning certificates to organizations and individuals upon request.
2. A planning certificate
contains information on the boundary of the lot of land, land use function,
area, red-line boundary and construction markers, construction densify, land
use co-efficient, standard construction ground floor level and maximum and
minimum heights of works; information on architecture, technical infrastructure
system, environmental protection and other regulations.
3. The validity duration of a
planning certificate is the same as that of the approved urban plan.
Article 57.
Placement of markers according to urban planning
1. Placement of markers under
urban planning includes placement of markers of red-line boundaries, standard
construction ground floor levels and boundaries of no-construction areas in the
field according to approved marker placement dossiers.
2. After urban plans are
approved by competent agencies. People's Committees at all levels shall:
a/ Organize the compilation and
approval of marker placement dossiers according to approved urban plans within
30 days from the date of approval of urban plans;
b/ Organize the placement of
markers in the field according to approved marker placement dossiers within 45
days from the date of approval of marker placement dossiers.
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4. Urban planning management
agencies at all levels shall preserve approved marker placement dossiers and
provide marker-related documents to organizations and individuals upon request.
5. When urban planning is
adjusted, markers shall be also adjusted according to adjusted urban planning.
6. Markers must be durable,
easily noticeable, and safe for passing persons and vehicles and suitable to
the terrain and geomorphology of the marked areas.
7. The Ministry of Construction
shall specify the placement and management of markers according to urban
planning.
Section 2.
MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE
Article 58.
Principles of management of urban space, architecture and landscape
1. Owners of architectural
objects affecting urban space, architecture and landscape shall protect and
maintain their objects in the course of exploitation and use to ensure their
beauty, safety and harmony with surrounding space.
2. The building, renovation,
refurbishment, repair and dismantling of architectural objects and trees in
public areas and premises of works and houses which affect urban space,
architecture and landscape are subject to permission of competent management
agencies.
3. Before formulating investment
projects on the construction of big works of important significance and status
in urban centers, architectural designs must be selected through contests.
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Article 59.
Responsibility for management of urban space, architecture and landscape
1. The People's Committees of
cities, towns and townships shall comprehensively manage urban space,
architecture and landscape within the administrative boundaries under their
management.
2. Urban planning management
agencies shall assist the People's Committees of cities, towns and townships in
managing urban space, architecture and landscape.
Article 60.
Regulations on management of urban planning and architecture
1. The People's Committees of
cities, towns and townships shall promulgate regulations on management of urban
planning and architecture applicable to all urban centers under their
management.
2. Regulations on management of
urban planning and architecture must conform with promulgated urban plans,
regulations on management according to urban plan and urban design as well as
practical conditions of urban centers.
3. Regulations on management of
urban planning and architecture must contain the following principal contents:
a/ Regulations on organization
of realization of urban planning and management of urban development, for areas
with approved urban planning and urban designs and other areas in urban
centers;
b/ Regulations on management of
urban architecture and space and encouraging and restricting measures;
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d/ Regulations on
responsibilities of state agencies, organizations and individuals in organizing
the realization of urban planning and managing urban development.
Section 3.
MANAGEMENT AND USE OF URBAN LAND ACCORDING TO PLANNING
Article 61.
Principles of management and use of urban land
1. Land of all categories in
urban centers must be used for proper purposes and functions indicated in
approved urban plans.
2. Urban land management must
comply with this Law, the land law and other relevant laws.
Article 62.
Preparation of land funds for urban development according to planning
1. People's Committees of
competent levels shall organize ground clearance for areas already planned for
the construction of technical and social infrastructure facilities to serve
public-interests in line with approved and publicized detailed planning.
2. The recovery of land funds
and compensation for people whose land is recovered comply with the land law.
When land funds are recovered, land users are entitled to compensation for
their property lawfully created before approved detailed planning is
publicized.
3. People's Committees at all
levels shall create favorable conditions for investors to properly implement
investment planning and plans.
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5. The scope of construction
investment projects must be determined to ensure suitability with the present
status of land use and harmony between their objectives and urban
refurbishment, preventing the emergence of land areas failing to meet
construction requirements or affecting urban architecture and landscape.
6. In case an investment project
uses only part of a lot of land, if the remaining area is too small to meet use
needs or affects urban architecture and landscape according to the Government's
regulations, the State shall recover it and pay compensation to its user.
7. After the detailed planning
is approved and publicized, pending the recovery by the State, organizations
and individuals in the planned area may continue using it and conducting
renovation, repair and temporary construction under the construction law.
Section 4.
MANAGEMENT OF CONSTRUCTION OF SYSTEMS OF URBAN INFRASTRUCTRE FACILITIES AND
UNDERGROUND SPACE ACCORDING TO PLANNING
Article 63.
Management of land reserved for the construction of systems of urban technical
infrastructure facilities
1. Land reserved for the
construction of the system of urban technical infrastructure facilities
includes land for the construction of key works, lines or networks of technical
infrastructure and land within the scope of protection and safety corridors.
2. Land funds reserved for the
construction of the system of technical infrastructure facilities already
indicated in urban planning shall be used for proper purposes and may neither
be encroached upon nor have their use purpose changed.
3. People's Committees at all
levels shall manage land funds reserved for the construction of the system of
urban technical infrastructure facilities.
Article 64.
Management of the construction of systems of urban technical infrastructure
facilities in old and renovated urban centers
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2. When investing in building
new streets, renovating and expanding old streets in urban centers, it is
necessary to concurrently build technical tunnels and trenches for installing
underground wire lines and pipelines.
Article 65.
Management of construction of urban technical infrastructure systems in new
urban centers and urban quarters
1. The construction of roads
under planning shall be carried out at the same time with building technical
tunnels and trenches.
2. Wire line works and technical
pipelines shall be arranged and installed in technical tunnels and trenches.
3. Investment in the
construction of the system of technical infrastructure facilities must ensure
synchronism under planning and the schedule of implementing urban development
projects.
Article 66.
Management of underground space
1. The exploitation and use of
underground space for the construction of underground works must comply with
approved urban planning.
2. The management of the
construction of works on the ground must not affect underground space already
determined in approved urban planning.
Article 67.
Management of construction of underground works
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2. The construction of
underground works-must not affect works on the ground and underground works and
space already existing or determined in urban planning.
3. The construction of transport
routes and the system of public underground works must ensure safety and
suitability with the exploitation and use of underground space and the ground; ensure
convenient connection with traffic works underground and on the ground.
4. The construction of technical
tunnels and trenches must not affect the use of space on the ground and must
ensure safe exploitation, operation, repair and maintenance.
5. The Government shall specify
the management of underground space.
Article 68.
Management of trees, parks, natural landscape and water surface
1. Parks, flower gardens and
trees in urban centers which are of cultural, historical, natural landscape and
urban landscape value and have been included in management lists or indicated
in urban planning must be assigned to organizations or individuals for
management.
2. The building of parks and
flower gardens and planting of trees under urban planning must meet requirements
on utility, beauty, safety and urban environment; and must not damage
infrastructure facilities on the ground, overhead and underground.
3. Lakes and natural water
surface must not be encroached upon or other terrain characteristics must not
be altered to prevent bad impacts on urban natural conditions and landscape.
4. Organizations and individuals
shall protect parks, flower gardens, trees, water surface and other natural
areas in urban centers. The felling, destruction and relocation of trees on management
lists and the leveling and change of terrains in natural areas are subject to
permission of competent management agencies.
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Article 69.
Principles of management of construction according to urban planning
1. Organizations and individuals
investing in the construction, renovation and repair of architectural works,
technical and social infrastructure works and houses shall comply with approved
detailed urban planning and the construction law.
2. Existing construction works
which are architecturally inappropriate but comply with urban planning are
allowed to exist in their original conditions; in case of renovation, upgrading
or repair, architectural requirements must be ensured under law.
3. Existing construction works
which are no longer in line with urban planning shall be relocated according to
the plan and schedule of realizing urban planning. Pending relocation, if their
owners wish to renovate, upgrade and repair them, competent state agencies
shalI consider and grant temporary construction permits under the construction
law.
Article 70.
Introduction of sites
1. Urban planning management
agencies shall introduce construction investment sites to investors upon
request.
2. Sites recommended for
construction investment must be in line with urban planning and suitable to the
scope and nature of investment and save urban land, without affecting urban
development and environment.
Article 71.
Planning licenses
1. Planning license is required
in the following cases:
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b/ Investment projects on the
construction of concentrated works in urban areas without zoning and detailed
planning:
c/ Investment projects on the
construction of individual works in urban areas without detailed planning or
urban design, except houses.
2. Planning license serves as a
basis for investors to prepare detailed planning tasks and detailed plans for
investment projects on the construction of concentrated works or formulate
investment projects for the construction of individual works in urban centers:
and serves as a basis for competent state agencies to approve detailed planning
and construction investment projects.
3. The grant of planning
licenses must be based on actual development control and management
requirements of urban centers, standards on urban planning and regulations on
management of urban planning and architecture.
4. A planning license indicates
the scope of the planned urban area, permitted norms on land use. requirements
on land use exploitation and use. organization of architectural space, urban
social and technical infrastructure on the ground and underground, protection
of landscape and environment in the area in which the investor is assigned to invest,
and its validity term.
5. The licensing competence is
prescribed as follows:
a/ People's Committees of
provinces and centrally run cities shall grant planning licenses to projects in
provincial urban centers in the cases stated at Points a and c and projects in
urban centers stated at Point b. Clause 1 of this Article:
b/ People's Committees of rural
districts, urban districts, towns and provincial cities shall grant planning
licenses to projects not stated at Point a of this Clause.
6. Organizations and individuals
shall pay fees for the grant of planning licenses in accordance with the law on
charges and fees.
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Article 72.
Management of development of new urban centers and urban quarters
1. People's Committees of
provinces and centrally run cities shall manage according to planning the
development of new urban centers within the administrative boundaries under
their management.
People's Committees of rural
districts, urban districts, towns and provincial cities shall manage according
to planning the development of new urban centers within the administrative
boundaries under their management.
2. The investment in
constructing new urban centers and new urban quarters must ensure synchrony in social
and technical infrastructure and public services and suit each period of
development and implementation plans.
3. The scope of a new urban
center must be determined on the principles of meeting actual urban development
requirements, investment purposes, investor's capability of organizing project
implementation and social benefits.
4. People's Committees of cities
and towns shall organize the investment in the construction of technical
infrastructure facilities outside the fences of new urban quarter projects to
ensure convenient connection and transportation between new urban quarters and
surrounding areas and other functional zones within urban centers.
5. When implementing projects to
construct new urban quarters, residential quarters and housing quarters,
People's Committees at all levels and investors stated in investment decisions
of competent authorities shall reserve appropriate land funds for developing
social houses in accordance with law.
6. Project investors identified
in investment decisions shall manage technical infrastructure systems, space
and architecture according to approved urban planning within the boundaries of
their projects, except for cases in which such management is transferred to
People's Committees.
Article 73.
Management of renovation or urban centers according to planning
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Chapter VI
IMPLEMENTATION PROVISIONS
Article 74.
Effect
1. This Law takes effect on
January 1, 2010.
2. From the effective date of
this Law, the provisions of the Construction Law on planning the construction
of urban centers and areas within urban centers are replaced with the
provisions of this Law.
Article 75.
Transitional provisions
Urban construction planning
already approved before the effective date of this Law are not required to be
re-elaborated, re-evaluated and re-approved; the organization of realization,
development management and adjustment of such planning comply with this Law.
Article 76.
Detailing and guidance of implementation
The Government shall detail and
guide the implementation of articles and clauses as assigned in the Law; and
guide other necessary contents of this Law to meet state management
requirements.
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CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong