Law 30/2009/QH12 17/06/2009

No: 30/2009/QH12

Ha Noi, day 17 month 06 year 2009                          

 

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.

Article 2. Subjects of application

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.

7. General planning is the organization of the space and system of technical and social infrastructure facilities and houses for an urban center suitable to its socio-economic development, ensuring defense, security and sustainable development.

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.

17. Planning license is a document granted by a competent agency to an investor for use as a basis for making detailed planning or formulating work construction investment projects.

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.

2. The determination of urban administrative management levels is prescribed as follows:

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.

2. To make scientific forecasts, meet practical requirements and be in line with the urban development trend; to observe urban planning regulations and other related ones.

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;

3. Formulation of urban plans;

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.

Article 10. Conditions on consultancy organizations and individuals involved in urban planning

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:

a/ State budget fund for the elaboration and realization of general planning, zoning planning and detailed planning not belonging to investment projects on the construction of works for business purposes;

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;

g/ Other jobs related to urban planning and realization of urban planning.

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.

8. Examining, inspecting and settling complaints and denunciations and handling violations in urban planning activities.

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

1. Failing to perform the responsibility to organize urban planning.

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.

11. Obstructing and causing difficulties to urban planning and the realization of urban planning.

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;

b/ Zoning planning, which is made for areas within cities, towns and new urban centers;

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.

6. The People's Committees of rural districts of a province shall organize general planning and detailed planning for townships, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.

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

1. Concerned agencies, organizations and individuals shall be consulted in the form of sending dossiers and documents or holding conferences or workshops. Consulted agencies and organizations shall give written replies.

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.

2. Zoning planning tasks must determine the boundary, area and nature of the planned area, the expected norms on population, land use and social and technical infrastructure; requirements and basic principles of zoning to ensure conformity in terms of architectural space and connection of technical infrastructure with the approved general planning and suitability with adjacent areas; and requirements on 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 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.

5. Topographic maps made by specialized survey and measurement agencies.

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.

3. The period of a general plan of a provincial city or town is between 20-25 years.

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.

3. The period of a general plan of a new urban center is between 20-25 years.

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.