SOCIALIST REPUBLIC OF VIET NAM
Ha Noi, August 17, 1994
PROMULGATING THE STATUTE ON MANAGEMENT OF URBAN PLANNING
Pursuant to the Law on Organization of the Government on the 30th of September, 1994;
At the proposal of the Minister of Construction,
Article 1.- To promulgate along with this Decree the Statute on Management of Urban Planning.
Article 3.- The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government and the presents of the People’s Committees in the provinces and cities directly under the Central Government shall have to implement this Decree.
FOR THE GOVERNMENT
Vo Van Kiet
ON THE MANAGEMENT OF URBAN PLANNING
(Issued together with Government’s Decree No. 91-CP on the 17th of August, 1994)
Article 1.- Urban centers comprise cities, towns and townships.
This Statute provides for State management of urban construction; the protection of landscapes and living environment, and the use and exploitation of the urban technical infrastructure.
Article 2.- Urban centers must be built and developed according to plan and the regulations of law with a view to serving political, economic, cultural and social objectives, security and national defense.
The People’s Committees at all levels perform the right of State management over urban planning in their localities.
The management agencies for urban planning at the Center and in the localities are responsible before the Government and the People’s Committees at all levels for the management of urban planning.
1. Issuing regulations on urban planning management;
2. Drawing up and ratifying projects on urban construction plans;
3. Managing the transformation and building of urban projects according to the approved plans;
4. Protecting the urban landscapes and living environment;
5. Managing the use and exploitation of the urban technical infrastructure;
6. Settling disputes, and inspecting and handling violations of the regulations on urban management.
DRAWING UP AND RATIFYING URBAN CONSTRUCTION PLANS
Article 5.- Urban transformation and construction must be based on the urban construction plan already ratified by the authorized State agency.
Urban construction planning includes general planning for the whole land of an urban center, and detailed planning for each part of this land.
The land area planned for urban construction must be decide by the State agency authorized to ratify urban planning.
Article 6.- The urban construction planning projects must be drawn up by the professional organizations recognized by the State, and must comply with the technical standards, norms and processes allowed by the State.
The urban construction planning project which is already ratified is the legal basis for managing the urban center, carrying out construction investment, and formulating annual, short-term and long-term plans of urban transformation and construction for various branches and localities.
1. The urban construction planning projects already ratified must be publicized widely so that the population can know and implement.
2. In the process of implementation, the urban construction planning project must be regularly revised and readjusted to match the reality of urban development:
a/ The revision and adjustment of the general plan shall be done periodically every five years and earlier when necessary.
b/ The complementary readjustments of a local character compared to the general plan or detailed plans shall be done when necessary;
c/ All readjustments of the urban construction planning projects must have the permission of the State agency authorized to ratify this project.
Article 8.- The general urban construction planning project shall determine the orientation for spatial development of the urban center, the construction of infrastructure works, creation of a suitable living environment, taking into account the harmonious balance between the expansion of the urban center with agricultural-forestry production, and the need of ensuring security and national defense and other economic activities, preserving historical relics and natural landscapes. All this is to be done while taking into account also of the aftermath of natural calamities as well as technological accidents that might happen.
The general planning project shall be made on a topographical map on a scale of 1/2000-1/25,000 depending on the category of urban center, and is represented by an urban development orientation scheme (15-20 years) and the construction plan Stage I (5-10 years).
The general planning project must be subject to comments by the local People’s Council of the city, town and township and the concerned branches before going to the authorized State agency for ratification.
Article 9.- The detailed planning projects shall be formulated on the basis of the topographic map and land administration map on a scale of 1/500 – 1/200, aimed at concretizing and materializing the regulations of the general planning project. They shall be set up synchronously for each urban sector which needs to be transformed, and built up in the immediate stage to serve as basis for the construction of ground surface projects as well as underground installations, such as residential houses, production and service constructions, public parks, trees, technical infrastructure works, and shall comply with the regulations concerning the preservation and restoration of architectures of value and natural landscapes, and ensure safety against fire and the protection of the urban environment.
The detailed planning project already ratified is the basis for the drawing up of investment projects, the selection and endorsement of their locations, the granting of planning certificates and the decisions to allocate land and permits of construction.
1. The Prime Minister shall ratify the general planning project of urban centers Categories I, II, and other urban construction planning projects when deemed necessary.
The People’s Committees of the provinces and cities directly under the Central Government shall submit the urban construction planning projects under the ratifying competence of the Prime Minister.
The Ministry of Construction shall organize the drawing up of the general plan for urban centers Categories I and II, and check the urban construction planning projects under the ratifying competence of the Prime Minister.
2. The People’s Committees of the provinces and cities directly under the Central Government shall ratify the remaining urban construction planning projects in their localities.
The People’s Committees of the cities, towns and districts shall submit the general plans and detailed plan under the ratifying competence of the provincial People’s Committee.
The Chief Architect or the Construction Office (in the urban centers without Chief Architects) shall organize the drawing up and checking of the abovesaid urban construction planning projects and report to the provincial People’s Committee.
The Chief Architects in the cities directly under the Central Government shall organize the drawing up, checking and submission of the urban construction planning projects under the ratifying competence of the People’s Committees of the cities directly under the Central Government for ratification,
The ratification of the general plans for the urban centers Categories III and IV, the detailed plans of the urban centers Categories I and II and the national highways passing through the provincial capitals, must have the previous written approval of the Ministry of Construction.
MANAGING THE CONSTRUCTION OF VARIOUS PROJECTS IN THE URBAN CENTERS
Article 12.- The projects in the urban centers composed of ground, underground or above-the-ground installations, including sculptures, paintings, posters and advertisement boards, must be designed and constructed according to the general plan, the detailed plans and the investment projects, and must be ratified by the authorized State agency.
1. Selecting the location for construction and granting planning certificates to guide the use of land urban land;
2. Granting construction permits, or issuing decision to suspend the construction or renovation of projects in urban centers;
3. Providing guidance on the renovation and construction of projects in urban centers;
4. Registering and granting certificates of ownership for projects;
5. Surveying, inventorizing and keeping files of projects in urban centers.
When the construction site has been determined, the Chief Architect or the Construction Office (where there is no Chief Architect) shall grant a planning certificate at the investor’s request. The issue of a planning certificate is based on the following:
1. The overall plan and detailed plan already be ratified by the authorized State agency;
2. The standards and regulations on urban construction, environmental sanitation, and fire prevention and fighting devices prescribed or allowed by the State.
1. Conditions for sanitation, fire prevention and fighting, and environmental protection;
2. The requirements for planning of land use, architectural design and urban landscape, such as the relationship between the construction site and the general area, the limit of the plot of land within the construction boundary and the red line; the purpose of land use; the construction density; the coefficient of land use; the maximum height of the project, and the dimensions of those parts of the project that are allowed to jut out over the road boundary, common walls and fences, trees;
3. The requirements for construction and use of urban technical infrastructure facilities, such as transport, ground filling, drainage of rain and waste water, supply of water, electricity and communication.
Article 16.- After the construction investment project is ratified, the investor shall go through the procedures of receiving land, the certificate of land-use right and a construction permit at the authorized State agency.
Article 17.- The granting of a permit to renovate or build a project must be based on the valid papers on the right to use land and own the project, the minimum conditions for construction sanitation, the requirements for urban architecture planning, for aesthetics, urban landscape, and the convenience and inconvenience considerations specified in the norms and regulations on urban planning, and stipulations on urban construction.
With regard to major and vital projects, before granting a construction permit, the ministries concerned must carefully examine the durability of the structure and the safety of construction techniques concerning the environment and ecology, national security, fire prevention and fighting, and other issues; when necessary, these projects must be considered by the Architectural Planning Council of the provinces and cities directly under the Central Government before going to the authorized State agency for ratification.
1. Exempted from construction permits:
Repairs such as plastering, patching, whitewashing, roofing, paving the floor, replacing doors (except opening the door to a main road or street), and the repair and installation of indoor equipment and decorations with do not affect the structure of neighboring houses and the architecture of the front street.
2. Exempted from demolition permit are:
a/ Existing projects to make room for construction projects already licensed;
b/ Makeshift installations having expired utilization date;
c/ Installations which are unlicensed or which violate construction regulations;
d/ Installations of which the demolition is ordered by the Court;
e/ In emergency cases, such as an installation which is in a serious state of dilapidation and might cause an accident, or in case of fire or other natural disasters.
1. An application for construction (bearing the name of the installation owner); in case the installation is owned by the State, it shall bear the name of the organization which is designated as installation owner;
2. Certificates of ownership of the house and the right to use land enclosed with a chart of the location of the installation on a scale of 1/100 – 1/500.
3. A dossier of technical design made by a licensed organization or individual.
With regard to major and vital projects, the technical design must be ratified by the authorized agency.
4. A 9 x 12cm photograph of the installation facade with adjacent space before renovation.
1. An application for construction permit (bearing the investor’s name);
2. Papers certifying the right to use land (decision to allot land, lease land or a certificate of the right to use land);
3. Dossier of the project’s technical design made by a licensed organization or individual.
With regard to major, vital projects, the technical design must be ratified by the authorized agency.
4. The projects with foreign-invested capital must have a photocopy of the investment license granted by the State Committee for Cooperation and Investment.
1. The Chief Architect or the Construction Office (where there is no Chief Architect) shall grant permits for repair and permits for repair and permits for construction in urban centers under the mandate of the Presidents of the People’s Committees of the provinces and cities directly under the Central Government.
2. The representative of the Chief Architect in cities or of the Construction Office in towns, precincts and districts shall grant permits for repair and permits for construction of separate, semi-durable projects in the following locations:
a/ Along roads within street quarters and alleys with roads not larger than 12m;
b/ In the quarters specifically planned and ratified by the authorized State agency.
1. Not more than 30 days for private houses and not more than 45 days for other projects after reception of full dossiers;
2. Not more than 10 days after reception of full dossiers in case a house is in danger of collapse.
Past the time-limits, if the dossier-receiving agency has not yet settled the dossier, it must notify the applicant of the reason. If the applicant deems the refusal not justified, he/she can complain to the Presidents of the People’s Committees of the provinces and cities directly under the Central Government. The decision made by the Presidents of the People’s Committees of the provinces and cities directly under the Central Governments is final.
1. In case the investor wants to change the design, he/she must make a dossier for readjusting the design, and re-apply for a construction permit;
2. If the construction does not conform to the construction permit, the investor or the contractor must bear full responsibility and must strictly comply with the requirements of the Chief Architect in the city or the Construction Office (where there is no Chief Architect);
3. Twelve months after being granted a construction permit, if the investor has not yet started construction or has stated construction but does not continue it, the construction permit shall lose its validly. If the investor still wants to continue construction, he/she must apply for extension of the construction permit.
While building major, vital projects, the construction unit must put up a fixed signboard at the construction site showing the name of the project, the name of the construction unit, the serial number of the construction permit, the duration of construction and a chart of the project in perspective.
Article 25.- The construction, renovation and repair of projects should not cause damage to other projects directly concerned on the ground, underground and in the air, and at the same time, must take measures to ensure uninterrupted and safe traffic on the streets.
Article 26.- The construction of underground projects on the main roads must be carried out simultaneously and in a uniform way. In case there are not yet enough conditions for simultaneous construction, but partial construction must still be carried out, the unit concerned must have a transitional solution and must get the approval of the President of the People’s Committee of the province or city under the Central Government.
1. After building or renovating the project, the investor must compile a dossier on the completion of the project as stipulated and must send it to the following offices:
a/ The Chief Architect or the Construction Office in those urban centers which have no Chief Architect;
b/ The house and land management office (for architectural structures), or the public traffic office (for technical infrastructure facilities) of the provinces and cities directly under the Central Government for use as archives.
2. The investor must complete the procedures for registration, apply for a certificate of ownership of the project and the right to use land at the authorized State agency.
PROTECTION OF URBAN LANDSCAPES AND ENVIRONMENT
Article 28.- Urban landscapes includes natural landscapes and man-made landscapes.
The Chief Architects of cities or the Directors of the Construction Offices (in those urban centers which have no Chief Architect) must ensure that the renovation and construction of projects in urban centers preserve the beauty of the landscapes, the use requirements and durability, and harmoniously fit into the natural landscape for preservation of scenic sites and historic relics.
Article 29.- All organizations and individuals using architectural projects must protect and improve their architectural appearance, and plant trees on the premises in accordance with the urban development plan already ratified.
The People’s Committees of cities and towns must ensure that all streets, public squares, gardens, parks, bridges and tunnels are adequately lit and named; all architectural projects must have registered numbers as stipulated by the State.
Article 30.- The Ministry of Culture and Information shall have to preserve and use historic and cultural relics in accordance with the Ordinance on Protection and Use of Historical and Cultural Relics and Beauty Spots.
Article 31.- The installation and construction of large-size, outdoor notice and advertisement boards, pictures and statues which might affect urban architectural landscape and street beauty must apply for a circulation permit from the Cultural Office and a construction permit from the Chief Architect or the Construction Office (in those urban centers which have no Chief Architect).
Article 32.- The trees of specialized use, public trees and trees on the premises of projects looking out on the main streets must be planted in accordance with the approved plan and under the guidance of the authorized urban management office, must meet the requirements for use, urban landscape, improvement of local climate and environmental sanitation, and not damage underground or aerial technical infrastructure facilities.
The felling of trees in urban centers must have the permission of the authorized urban management office, except in emergency cases of natural disaster or enemy sabotage.
Article 33.- Any act of digging, ground leveling or mining which might deform the terrain and landscape at the natural preserves, classified beauty spots, reservoirs and water surfaces in planned urban centers is strictly forbidden, except in special cases which are permitted by the authorized State agency.
Article 34.- In drawing up and considering urban development projects and investment projects for construction in urban centers, attention must be paid to the rationality of the construction site and its impact on the urban environment. The planning projects and investment projects, depending on the degree of pollution and their scale, must be approved by different levels of authorized State environmental management before they are considered and ratified.
1. Those organizations and individuals, that are managing and using projects which release toxic pollutants damaging to the urban environment, must take measures to treat them before discharge them into public sewer systems, and at the same time, must register with the authorized State environmental management agency on:
a/ The types of wastes and their quantity;
b/ The plan and measure of treatment;
2. In case no efficient measure has been found to treat the noxious substances discharged from the operation of the project, one of the following measures shall be considered and put into effect:
a/ Suspending the operation of the project;
b/ Moving the project to a new site in accordance with the ratified plan.
Article 36.- The People’s Committees of cities, towns and townships shall assign the specialized organizations to collect and treat industrial and human wastes, and provide services of waste treatment at designated sites in conformity with the ratified plan.
At public places and utilities such as market places, railway stations, shops, bus stations and ferries in urban centers, the management boards must put up regulations on sanitation, install public toilets, arrange dumping grounds and car parks, and arrange a rational use of the available ground to ensure traffic safety.
Article 37.- In building projects, the investors and construction units must apply the regulations on sanitation and safety, cover the construction site to keep waste and dust from spreading, and ensure safety for the people and other projects in the neighborhood. All vehicles transporting construction materials and waster must not dirty the streets. In case a construction project causes pollution and noise, emits fume or other toxic matters, the construction unit must properly dispose of toxic matters, and keep noise within the permissible level set by the State. After completing the project and before having it tested on completion, the construction unit must clear the ground, dismantle all shelters, and perfect the construction site.
MANAGEMENT OF THE USE AND EXPLOITATION OF TECHNICAL INFRASTRUCTURE WORKS IN URBAN CENTERS
Article 38.- The technical infrastructure works in urban centers include communication lines, water supply, drainage, environmental sanitation, energy supply, public lighting, post and communication, and other facilities.
Article 39.- All technical infrastructure projects in urban centers after being built must be tested on completion. The People’s Committees of the provinces and cities directly under the Central Government must assign the specialized agencies to manage the use and exploition of those projects.
The management of the use and exploitation of technical infrastructure works in urban centers includes:
1. Making and keeping a resume and technical dossier on the completion of the construction project;
2. Detecting defects in the normal operation of the projects;
3. Carrying out maintenance, improvement and renovation to maintain the quality of the projects periodically and according to annual plans;
4. Signing contracts for supply of technical infrastructure facilities with those organizations and individuals that want to use them, and providing guidance on the exploitation and use of those projects in conformity with the technical process and regulations of the State.
5. Detecting and handling violations in the use and exploitation of infrastructure facilities in urban centers.
1. Strictly observe the regulations on the mode of utilization of each kind of project and the synchronous coordination among different kinds of project;
2. It is forbidden to infringe upon public land used for the construction of technical infrastructure works in urban areas, including protection corridors marked off according to State norms and regulations;
3. The use of the common system of technical infrastructure works in urban areas must have the permission of the authorized State agency;
4. The technical accidents causing damage to the common technical infrastructure works in urban areas resulting from the acts of violation on the part of the users must be handled, and the authors of these acts must pay compensations for the real losses as prescribed by law.
1. They must have the permission of the authorized State agency, except in case of exemption prescribed by the People’s Committees of the provinces and cities directly under the Central Government.
2. They must have the consent of the specialized agency responsible for the management of directly related technical infrastructure works.
3. They must be provided with warning signs and other measures of protection to ensure smooth traffic, environmental sanitation and safety for public activities.
4. The ground must be cleared and returned to its original state within 48 hours after completion of the work.
1. The transport facilities in urban areas are composed mainly of:
a/ The network of roads, bridges, tunnels, public squares, wharves, rivers and canals.
b/ The technical transport terminals: airports, railway stations, bus stations, ports.
2. Protection area:
a/ The urban roads, including national highways crossing the towns limited by red lines, include the road bed, roadside and pavement.
b/ The roads inside the street quarters, the residential quarters, alleys to the hamlets and unoccupied land along rivers and lakes, are limited at the foot of the fence or at the legal foot of the wall of the project.
c/ The technical transport terminals are limited by the boundaries of the land plot defined in the land administrative register, and the protection area is determined according to the norms and regulations set by the State, and also to the practical conditions of the construction area.
1. The road bed is reserved for motor vehicles and non-motorized vehicles: the pavement is reserved for pedestrians.
2. For the installation of urban technical infrastructure works like: lighting, energy supply, water supply and drainage, communication, urban sanitation, bus stops and drainage, communication, urban sanitation, bus stops and traffic safety devices.
3. For the planting of public trees, shade trees or separation trees.
4. For temporary use in cases allowed by the authorized State agency:
a/ Book or newspapers stalls, public telephone booths;
b/ Public services:
c/ Concentration and transportation of construction materials on short distances;
d/ Notice boards, news bulletin boards and advertisement boards;
e/ Keeping transport means;
g/ Organizing cultural, social and publicity activities.
1. The urban water supply installations are composed mainly of:
a/ Surface and underground water sources;
b/ Water producing technical projects;
c/ The water distribution system (water pipes, pressure and regulating devices).
2. Protection area:
a/ The surface or underground water sources shall be protected by a corridor according to the norms and regulations of the State concerning the sanitation corridor and the practical conditions of each area.
b/ The system of water conduct and distribution mains are protected by a minimum corridor 0.5 meter from each side of the main.
1. The People’s Committees of the provinces and cities directly under the Central Government shall assign the specialized agencies to manage the system of urban water supply;
2. An organization or individual that has the need of using water must send an application and sign a contract with the specialized agency responsible for the management of the urban water supply system;
3. The exploitation and use of an underground water source with a flow of more than 50 cubic meters/hour and the surface water sources for use in the urban center, must observe the general urban plan and the approved investment project for water exploitation. It must ensure durable exploitation and rational use with consideration for the negative impact of the project on the environment, and must have the permission of the authorized State agency.
1. They urban water drainage facilities are composed mainly of;
a/ Rivers, ponds, regulating lakes, dykes, dams;
b/ Sluices, ditches, canals and drainage conduits;
c/ Stationary or mobile pumps;
d/ Waste water treatment station.
2. The protection area for the urban drainage facilities shall be defined by the People’s Committees of the provinces and cities directly under the Central Government, on the basis of the State norms and regulations, and the practical conditions of each area.
1. The People’s Committees of the provinces and cities directly under the Central Government shall assign to specialized services the management of the use and exploitation of the urban water drainage systems.
2. The linkage of local water drainage facilities (sluices, ditches, conduits, main sewers) with the common drainage system in urban areas must have the permission of the authorized specialized managerial agency.
3. In case the waste water contains noxious or polluting substances, it must be treated before being discharged into the common drainage system in urban areas, according to the regulations on the protection of the urban environment.
1. The electric power supply system and the lighting system in urban areas are composed mainly of:
a/ Power plants;
b/ Transformers, electricity distribution boxes;
c/ The system of transmission lines;
d/ Lighting posts and lamps.
2. Protection area of the electric supply and lighting systems shall comply with the norms and regulations of the State.
1. The People’s Committees of the provinces and cities directly under the Central Government shall assign to specialized services the management of the urban electric supply and lighting installations;
2. All organizations and individuals that want to consume electricity shall have to send an application to, and sign a contract with, the specialized agency managing the urban electricity supply facilities;
3. All construction, transformation and repair of the urban projects affecting the safety corridor of the electric supply and lighting facilities, must be provided with measures to ensure safety, and have the approval of the authorized specialized managerial agency.
Article 50.- The agency managing the exploitation and use of the urban technical infrastructure works is entitled to collect and use the charge for the use of the technical infrastructure, fees and other auxiliary charges as prescribed by the Ministry of Finance for the purpose of managing, maintaining and upgrading the urban technical infrastructure works.
INSPECTION, CONTROL AND HANDLING OF VIOLATIONS
Article 51.- The inspection and control of the observance of the regulations concerning the management of urban planning comprises:
1. Detecting the violations on the planning of urban construction;
2. Detecting and handling the cases of issuing of construction permits improperly or inconsistently with the assigned competence;
3. Detecting acts of construction or dismantlement of installations without permits or at variance with the permits;
4. Detecting construction units without the statutes of a juridical person;
5. Detecting violations of the regulations on the protection of urban landscape and living environment;
6. Detecting violations of the regime on the use and exploitation of the urban technical infrastructure works.
1. The People’s Committee of the ward, commune and township shall exercise its function of inspecting and supervising the activities of the organizations and individuals in its areas concerning the implementation of the regulations on the management of urban planning and law; and effecting the forcible implementation of the State agencies’ decisions on handling violations.
2. The People’s Committee of the town, township or district has the responsibility to organize the control, inspection and guidance with regard to the People’s Committee of lower level in the handling of violations on the planning, construction, exploitation and use of installations in the urban areas according to law.
3. The People’s Committee of the province or city directly under the Central Government shall issue regulations, and guide the People’s Committee of lower level to inspect, control and handle the violations of the regulations on management of the urban construction planning in the locality.
The specialized service is responsible to the People’s Committee of the province or city directly under Central Government for the State management of urban planning, guiding the People’s Committee of lower level in professional matters and take responsibility for the efficiency of management of its service in the whole territory of a city, town or township.
4. The People’s Committee at all levels shall have to coordinate with the State managerial agencies in the territory under their jurisdiction to inspect and detect the violations of the construction order and take timely measures of settlement.