Decree No. 08/2005/NĐ-CP on Urban Planning

DECREE OF THE GOVERNMENT

Regarding urban planning

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

This Decree guides the provisions of the Construction Law on the preparation, review, approval, and management of urban planning; and the conditions for organizations and individuals designing urban planning.

Domestic organizations and individuals, foreign organizations and individuals related to urban planning work on Vietnamese territory must comply with the provisions of this Decree.

Article 2. Procedure for preparing and approving urban planning projects

Urban planning is reflected in urban planning projects and implemented according to the following procedure:

1. Preparing and approving the tasks of urban planning.

2. Investigating, surveying, collecting maps, documents, data on natural conditions, current economic and social status; documents on overall socio-economic development planning and industry development planning relevant to prepare urban planning projects.

3. Preparing urban planning projects.

4. Reviewing and approving urban planning projects.

Article 3. Topographic survey map serving the preparation of urban planning projects

1. The topographic survey map for preparing urban planning projects shall be carried out by specialized agencies. For areas without a topographic survey map, surveys and measurements must be conducted to create the map.

2. For areas that already have a topographic survey map, such existing map shall be used to prepare urban planning projects. In cases where the topographic survey map does not match the current situation at the time of planning, supplementary surveys and measurements shall be conducted. For rural areas, land registry maps may be used to prepare urban planning projects.

Article 4. Archiving urban planning project files

1. Within thirty working days from the date when the urban planning project file is approved by the competent authority, the investor must complete the submission of archival files in accordance with the law on archiving.

2. State management agencies at all levels responsible for urban planning shall be responsible for archiving urban planning files.

3. The agency responsible for archiving urban planning project files shall provide archival materials on urban planning projects to individuals, organizations, and state agencies authorized by law.

PART II
PREPARATION, APPROVAL AND MANAGEMENT OF URBAN PLANNING

PART 1
REGIONAL URBAN PLANNING

Article 5. Objectives, stages, and time frame for preparing regional urban planning

1. Regional urban planning is prepared for regions with comprehensive or specialized functions including key regions, inter-provincial regions, provincial regions, inter-district regions, district regions, industrial regions, large urban regions, tourism and leisure regions, regions for protecting natural landscape heritage, and other regions as determined by the competent authority.

2. Regional urban planning is prepared for short-term periods of five years, ten years; long-term periods of twenty years and longer.

3. The time limit for preparing regional urban planning projects shall not exceed eighteen months from the date the planning task is approved by the competent authority.

4. The preparation of regional urban planning is decided by the competent authority based on the socio-economic development requirements of each region.

Article 6. Tasks of regional urban planning

1. The contents of the tasks of regional urban planning include:

a) Forecasting the scale of urban and rural populations consistent with the overall socio-economic development planning of the region and the national population distribution strategy for five-year, ten-year, and longer periods;

b) Organizing spatial arrangements of major industrial facilities, infrastructure systems within the region according to each stage in line with potential and overall socio-economic development planning of the region;

c) Organizing spatial arrangements of urban systems and residential points suitable to geographical and natural conditions of each area ensuring national defense and security and reasonable exploitation of natural resources throughout the region, forecasting environmental impacts.

2. Sketch diagrams showing location, boundaries, scale, and inter-regional relationships, at scales of 1/100,000 to 1/500,000.

3. The time limit for preparing tasks and approving regional urban planning shall not exceed three months for provincial regions and six months for inter-provincial regions from the date of officially receiving the task.

Article 7. Basis for preparing regional urban planning

1. Approved tasks of regional urban planning.

2. Overall socio-economic development planning of the region, relevant industry development planning (if applicable).

3. National urban system and infrastructure technical system development planning orientation already approved by the Prime Minister.

4. Results of investigations, surveys, and related data and documents.

5. Construction standards and specifications.

Article 8. Contents of regional urban planning

Depending on the characteristics and scale of each region, regional urban planning includes the following contents:

1. Evaluating the current status of natural conditions, socio-economic conditions; identifying regional development drivers.

2. Determining urban systems, residential points; industrial zones, agricultural, forestry, fishery, tourism zones; protected heritage, natural landscape, historical and cultural relic zones; no-construction zones and development reserve zones.

3. Determining networks, locations, scales of key infrastructure works with regional or inter-regional significance.

4. Proposing priority development items and implementation resources.

5. Forecasting regional environmental impacts and proposing measures to mitigate adverse effects on the environment in regional urban planning projects.

Article 9. Files of regional urban planning projects

Depending on the characteristics and scale of each region, the files of regional urban planning projects include the following documents:

1. Drawings including:

- Regional location and relationship map; scale 1/100,000 to 1/500,000.

- Comprehensive current status map including land use, economic facility systems, urban systems, and rural residential points, social infrastructure and technical infrastructure systems; overall construction land assessment; scale 1/25,000 to 1/250,000.

- Development orientation map for urban and rural residential point systems, industrial, agricultural, forestry, fishery, tourism zones; protected heritage, natural landscape, historical and cultural relic zones; no-construction zones and development reserve zones; scale 1/25,000 to 1/250,000.

- Development orientation map for technical infrastructure systems; scale 1/25,000 to 1/250,000.

2. The consolidated report includes explanations, relevant legal documents, and proposals for approving the master plan for regional construction planning.

Article 10. Regulations on managing regional construction planning

Based on the content of the drawings, explanations of the master plan, recommendations, implementation solutions for regional construction planning at different stages and development requirements of the region, the authority responsible for approving the master plan for regional construction planning shall issue regulations on managing regional construction planning. The contents of these regulations include:

1. Provisions regarding the location, role, functions, and scale of social infrastructure and technical infrastructure with regional characteristics and inter-regional nature.

2. Provisions regarding protection zones and safety corridors for key projects, main technical infrastructure along routes with regional characteristics and inter-regional nature, and measures to protect the environment.

3. Provisions regarding conservation and enhancement of natural heritage sites, valuable architectural works, scenic spots, historical and cultural relics within the region.

4. Allocation and provisions regarding responsibilities for managing the planning among local government levels within the region according to the regional construction planning.

5. Other provisions.

Article 11. Reviewing and approving tasks and master plans for regional construction planning

1. For key regional construction planning, inter-provincial regions, or regions required to develop construction planning according to the Prime Minister's requirements:

a) The Prime Minister approves tasks and master plans for regional construction planning within 25 working days from the date of receiving complete valid files;

b) The Ministry of Construction reviews master plans for regional construction planning under the Prime Minister's approval authority within 20 working days from the date of receiving complete valid files.

2. For regional construction planning within provinces:

a) Provincial People's Committees approve tasks and master plans for regional construction planning within their administrative boundaries within 15 working days from the date of receiving complete valid files;

b) The Department of Construction or the Department of Planning and Architecture in provinces having such departments review tasks and master plans for regional construction planning under the provincial People's Committee's approval authority within 20 working days from the date of receiving complete valid files.

Article 12. Adjusting regional construction planning

1. Regional construction planning shall be adjusted when any of the following situations occur:

a) There is an adjustment to the overall socio-economic development planning of the region, industry development planning of the region, national defense and security strategy;

b) There is a change in geographical, natural, demographic, and socio-economic conditions.

2. The time limit for reviewing and adjusting regional construction planning according to the requirements of the authority responsible for approving the master plan for regional construction planning.

3. The content of adjusting regional construction planning must be based on analyzing and evaluating the implementation situation of the previously approved master plan, identifying factors affecting the adjustment of planning; it must ensure continuity and only adjust changed contents.

4. The authority responsible for approving tasks and regional construction planning shall approve adjustment tasks and master plans for regional construction planning.

PART 2
OVERALL URBAN CONSTRUCTION PLANNING

Article 13. Objectives, phases, and time for developing overall urban construction planning

1. Overall urban construction planning is developed for special-class cities, class 1, 2, 3, 4, 5 cities, districts of centrally-administered cities, new inter-provincial cities, new cities with population equivalent to class 5 cities or higher, high-tech zones, and special economic zones.

2. Overall urban construction planning is developed for short-term phases of five years and ten years; long-term phases of twenty years.

3. Time for developing overall urban construction planning is as follows:

a) For overall urban construction planning under the Prime Minister's approval authority, the development time does not exceed eighteen months from the date the planning task is approved;

b) For overall urban construction planning under the provincial People's Committee's approval authority, the development time does not exceed twelve months from the date the planning task is approved.

Article 14. Tasks for overall urban construction planning

1. Contents of tasks for overall urban construction planning include:

a) Determining the nature of the city, its population size, spatial development orientation, and technical and social infrastructure in the city for five-year and ten-year phases, and forecasting the city's development direction up to twenty years;

b) For overall urban construction planning for renovation, in addition to the contents stipulated in point a, Clause 1 of this Article, it must also determine areas that need to be cleared, areas to be retained for refurbishment, areas that need to be protected, and other specific requirements according to each city's characteristics.

2. Schematic diagrams showing the location, boundaries, and relationships with the surrounding area; scale 1/25,000 - 1/100,000.

3. Time for developing tasks for overall urban construction planning is as follows:

a) For tasks for overall urban construction planning under the Prime Minister's approval authority, the development time does not exceed four months from the date the task is officially assigned;

b) For tasks for overall urban construction planning under the provincial People's Committee's approval authority, the development time does not exceed three months from the date the task is officially assigned;

Article 15. Basis for developing detailed plans for overall urban construction planning

1. General orientation for the overall planning of the system of urban development in Vietnam approved by the Prime Minister.

2. Overall socio-economic development planning of the region, province, and specialized planning.

3. Regional construction planning.

4. Approved tasks for overall urban construction planning.

5. Results of investigations and surveys, data and materials on meteorology, hydrology, marine conditions, geology, current socio-economic status, and other related data and materials.

6. Construction standards and specifications.

Article 16. Contents of overall urban construction planning

Depending on the characteristics and scale of each city, overall urban construction planning includes the following contents:

1. Analysis and evaluation of natural conditions and current socio-economic status; population, labor force; land use; current construction status; social infrastructure, technical infrastructure, and urban environmental sanitation.

2. Determine the potential and driving forces for the formation and development of urban areas; the nature, population size, labor force, and construction land scale of the urban area; key economic and technical indicators for each stage of urban development.

3. Orientation for urban spatial development including the inner city and suburban areas:

a) Anticipate land use of the urban area according to each planning phase;

b) Identify the system of centers; location, scope, and scale of functional zones within the urban area; existing stable development zones; zones requiring renovation, upgrading, and improvement; zones requiring conservation and enhancement; zones needing function conversion; newly planned construction zones; prohibited construction zones; and areas expected to expand urban development; anticipate underground construction zones within the urban area;

c) Determine indicators regarding area, population density, building density, land use coefficient, and maximum and minimum building height in each functional zone of the urban area.

4. Orientation for the development of urban technical infrastructure systems including:

a) Comprehensive assessment and selection of land for urban construction; determine the control construction level of each area, the entire urban area, and main urban traffic axes;

b) Identify the network of external traffic, urban traffic, location and scale of key traffic works such as airports, seaports, river ports, traffic hubs, water conservancy works; organize public transportation for cities of type III and above; determine the red line boundaries of main urban traffic axes and technical systems;

c) Select sources; determine the scale, location, and capacity of key works; main transmission and distribution networks of water supply, power supply systems; drainage pipeline networks; wastewater treatment works, solid waste disposal works; cemeteries and other works.

5. Anticipate priority development items and resources for implementation.

6. Urban design: The content of urban design in the general urban construction plan shall be carried out in accordance with Article 30 of this Decree.

7. Environmental impact assessment of the urban area and propose measures to mitigate negative impacts on the environment in the general urban construction plan project.

Article 17. Urban General Construction Plan Project Documentation

1. Drawings include:

- Location and relationship diagram; scale 1/50,000 - 1/250,000;

- Current status maps serving urban general construction plan design; scale 1/5,000 - 1/25,000;

- Urban spatial development orientation map; scale 1/5,000 - 1/25,000;

- Land use planning maps for each planning phase; scale 1/5,000 - 1/25,000;

- Technical infrastructure system planning maps; scale 1/5,000 - 1/25,000;

- Red line boundary map of main roads and urban construction control levels; scale 1/5,000 - 1/25,000;

- Integrated technical pipeline map of new construction routes; scale 1/5,000 - 1/25,000;

- Urban design drawings as stipulated in Article 30 of this Decree.

2. Summary report including explanations, related legal documents, and approval request for the urban general construction plan project.

3. For cities of type 5, current status maps and planning maps are established at a scale of 1/2,000.

Article 18. Regulations on Urban General Construction Plan Management

Based on the content of the drawings and explanations of the urban general construction plan project, recommendations and implementation solutions for the urban general construction plan, the authority responsible for approving the urban general construction plan project issues regulations to implement the plan, including the following contents:

1. Regulations on preserving and enhancing architectural works, scenic spots, cultural heritage zones, historical and cultural relic zones within the urban area.

2. Regulations on the protection range of safety corridors for urban technical infrastructure works and environmental protection measures.

3. Regulations on the red line boundaries of main streets, urban construction control levels, and zones prohibiting construction.

4. Regulations on indicators regarding area, building density, land use coefficient, and maximum and minimum building height in each functional zone of the urban area.

5. Classification and regulations on the responsibility of urban administrative levels in implementing and managing the urban general construction plan.

Article 19. Review and Approval of Urban General Construction Plan Tasks and Projects

1. For special category cities, category 1, category 2 cities, inter-provincial new cities, new cities with a population equivalent to category 2 cities and above, high-tech zones, and special economic zones:

a) The Prime Minister approves tasks and projects of the urban general construction plan within 30 working days from the date of receiving complete and valid documentation from the reviewing agency;

b) The Ministry of Construction reviews tasks and projects of special category, category 1, and category 2 urban general construction plans within 30 working days from the date of receiving complete and valid documentation from the submitting agency, which falls under the Prime Minister's approval authority. 2. For category 3, category 4, category 5 cities, districts of centrally-administered municipalities, and new cities with equivalent scale:

a) The provincial People's Committee approves tasks and projects of the urban general construction plan within 30 working days from the date of receiving complete and valid documentation from the reviewing agency;

b) The Department of Construction or the Department of Planning and Architecture for provinces and cities with a Department of Planning and Architecture reviews tasks and projects of the urban general construction plan within 30 working days from the date of receiving complete and valid documentation from the submitting agency before presenting to the same-level People's Council for decision.

b) The Department of Construction or the Department of Planning and Architecture, for provinces and cities with a Department of Planning and Architecture, shall review tasks and general urban planning projects within the approval authority of the provincial People's Committee within thirty working days from the date of receipt of complete and valid files submitted for review, before submitting to the same-level People's Council for decision.

Article 20. Article 1 ||| Adjusting the General Urban Planning

1. The general urban planning shall be adjusted when any of the following circumstances occur:

a) In cases where there are significant changes in geographical and natural conditions such as landslides, floods, earthquakes, and other factors; administrative boundary changes; economic and social development orientation changes; major factors affecting urban development such as the role and function of the city, driving forces for development, population size, then a comprehensive adjustment shall be made;

b) In cases where investment capital for urban construction needs to be attracted and other objectives need to be met without significantly altering the urban development orientation, a partial adjustment shall be made.

2. The content of adjusting the general urban planning must be based on analyzing and evaluating the implementation status of the approved planning project, identifying factors influencing the adjustment of the planning; it must ensure continuity and only adjust changed contents.

3. The authority responsible for approving the tasks and general urban planning shall approve the adjustment tasks and projects for adjusting the general urban planning. For partial adjustments to the general urban planning of special type cities, type 1, and type 2 cities, the Chairman of the Provincial People's Committee shall approve the partial adjustment planning after obtaining the Prime Minister's consent and bear legal responsibility for their decisions.

PART 3
URBAN DETAIL PLANNING

Article 21. Object and time for preparing detailed urban planning

1. Detailed urban planning is prepared for functional areas within the city and industrial zones, high-tech zones, export processing zones, conservation areas, cultural heritage sites, tourist and resort areas, or other areas that have been identified; renovation and upgrading of existing urban areas.

2. The time for preparing detailed urban planning projects is as follows:

a) For detailed urban planning projects at a scale of 1/500, the preparation time is according to the requirements of the project;

b) For detailed urban planning projects at a scale of 1/2,000, the preparation time does not exceed nine months.

Article 22Tasks of detailed urban planning

1. The content of detailed urban planning tasks includes:

a) Determining the scope and area boundaries for designing detailed planning;

b) Listing the construction projects to be invested in, including new constructions, renovations, improvements, preservation, and enhancement works within the planned area;

c) Setting key economic and technical indicators regarding land use, social infrastructure, and technical infrastructure; requirements concerning space, architecture, urban design, and other requirements for each designed area.

2. The District People's Committee is responsible for soliciting public opinions on detailed urban planning tasks through representatives of residential wards and Commune People's Committees in the planning area via written forms or organizing meetings.

3. A schematic map showing the location and boundaries of the design area extracted from the general urban planning, at a scale of 1/5,000 to 1/10,000.

4. The time for preparing detailed urban planning tasks does not exceed two months.

Article 23. Basis for preparing detailed urban planning

1. Approved regional construction planning and general urban planning.

2. Approved detailed urban planning tasks.

3. Results of investigations, surveys, and data and materials on meteorology, hydrology, marine conditions, geology, current economic, cultural, and social conditions, and other relevant data and materials.

4. Construction standards and specifications.

Article 24. Content of detailed urban planning

1. Analyzing and assessing natural conditions, current construction status, population, society, architectural landscape, historical and cultural relics, the potential of existing land funds, and expected land development.

2. Determining the nature, functions, and key economic and technical indicators regarding land use, social infrastructure, and technical infrastructure of the design area; contents of renovation and new construction.

3. Master plan for land use; determining indicators for each plot of land regarding area, building density, land use coefficient, building height; locations and scales of underground facilities.

4. Planning the urban technical infrastructure system:

a) Determining the road network, cross-sections, red-line boundaries, and construction boundaries; locations and scales of parking lots and underground facilities, utility tunnels;

b) Determining water demand and supply sources; locations and scales of water treatment plants, pumping stations, reservoirs, water pipeline networks, and detailed technical parameters;

c) Determining electricity demand and supply sources; locations and scales of distribution substations; medium-voltage and low-voltage power grid networks, and urban lighting systems;

d) Determining drainage networks; locations and scales of wastewater treatment facilities and waste disposal facilities.

5. Anticipate priority development items and resources for implementation.

6. Urban design: the content of urban design in detailed urban planning is implemented according to Article 31 of this Decree.

7. Environmental impact assessment of urban areas and proposals for measures to reduce negative impacts on the environment in detailed urban planning projects.

Article 25. Soliciting opinions on detailed urban planning

1. During the preparation of detailed urban planning projects, the consulting organization must cooperate with local authorities to solicit opinions from residents in the planning area regarding contents related to the construction planning project.

2. Methods of soliciting opinions: displaying schematic diagrams and drawings of planning options; collecting opinions through questionnaires. Those whose opinions are sought are responsible for responding within five working days from the date of receipt of the opinion collection form; if no response is given within the specified period, it will be considered as agreement.

3. Before submitting the detailed urban planning project for approval by the competent authority, the consulting organization is responsible for reporting to the approving authority on the results of the opinion collection, serving as the basis for approval.

Article 26. Documentation for detailed urban planning projects

1. Drawings including:

a) For detailed urban planning at a scale of 1/2,000:

- Location and boundary map of the land; scale of 1/10,000 to 1/25,000;

- Current status maps regarding architecture, landscape, technical infrastructure systems, and land development assessment; scale 1/2,000;

- Spatial organization map for architectural and landscape features; scale 1/2,000;

- Master plan map for land use; scale 1/2,000;

- Maps for planning the technical infrastructure system; scale 1/2,000;

- Maps for red-line boundaries, construction boundaries, and protective zones for infrastructure technical lines; scale 1/2,000;

- Integrated map for technical lines and pipelines; scale 1/2,000;

- Model creation; scale 1/2,000 or appropriate scale;

b) For detailed urban planning at a scale of 1/500:

- Maps as specified for detailed urban planning at a scale of 1/2,000 but showing individual projects at a scale of 1/500;

- Urban design drawings as stipulated in Article 31 of this Decree;

- Model creation; scale 1/500;

2. The consolidated report includes explanations, relevant legal documents, and the proposal for approval of the detailed urban planning project;

Article 27. Management regulations for detailed urban planning;

1. Depending on each specific detailed urban planning project, the authority responsible for approving the detailed urban planning design shall issue management regulations for detailed urban planning including the following contents:

a) Regulations on the boundaries and scope of detailed urban planning;

b) Regulations on the location, boundaries, nature, and scale of functional areas within the design area; density, land use coefficient, building height, and construction level for each plot; red-line boundaries, construction boundaries, and specific technical requirements for each road; scope and protective zones for technical infrastructure works;

c) Regulations on the location, scale, and protective zones for underground, surface, and elevated construction works;

d) Regulations on the preservation, restoration, renovation, and refurbishment of architectural works, historical and cultural relics, landscape terrain, and ecological environment protection;

đ) Urban design regulations as stipulated in Article 31 of this Decree;

e) Classification and assignment of responsibilities for construction management according to detailed urban planning;

2. For detailed urban planning management regulations at a scale of 1/500, the competent authority responsible for approval must seek opinions from representatives of the people in the planning area before approval;

Article 28. Review and Approval of Detailed Urban Planning Projects;

1. For detailed urban planning at a scale of 1/2,000 for special-class cities, class 1, 2, and 3 cities, high-tech zones, and special economic zones:

a) The provincial People's Committee approves the detailed urban planning project within thirty working days from the date of receiving complete and valid files from the reviewing agency. Depending on the location and scale of the urban planning project, the provincial People's Committee may delegate the approval authority to the district People's Committee;

b) The Department of Construction or the Department of Planning and Architecture for provinces with such departments reviews the detailed urban planning project within thirty working days from the date of receiving complete and valid files from the submitting agency;

2. For detailed urban planning at a scale of 1/2,000 for class 4 and 5 cities; detailed urban planning at a scale of 1/500 for special-class, class 1, 2, and 3 cities:

a) The district People's Committee approves the detailed urban planning project within thirty working days from the date of receiving complete and valid files from the reviewing agency;

b) The district construction management agency reviews the detailed urban planning project within thirty working days from the date of receiving complete and valid files from the submitting agency;

3. The person responsible for reviewing and approving detailed urban planning projects must review and approve within the prescribed time frame and bear legal responsibility for the content of the review and approval.

Article 29. Adjustment of Detailed Urban Construction Planning

1. Detailed urban construction planning shall be reviewed for adjustment when any of the following circumstances occur:

a) The overall urban construction planning is adjusted entirely or partially affecting the area where the detailed urban construction planning is established;

b) It is necessary to encourage investment but must be consistent with the overall urban construction planning regarding functional zoning;

c) A project that has been approved with detailed planning does not commence implementation within three years.

2. When adjusting detailed urban construction planning, the authority responsible for approval must seek public opinion through questionnaires or organize meetings with representatives of residential wards and People's Committees at the ward level in the relevant areas affected by the adjusted planning.

3. The authority responsible for approving detailed urban construction planning shall approve the adjustment of detailed urban construction planning.

PART 4
URBAN DESIGN

Article 30. Urban design in overall urban construction planning

1. Contents of urban design in overall urban construction planning:

a) Study architectural zones and landscapes within the city; propose spatial organization for central areas, city gates, main streets, major axes, large squares, green spaces, water surfaces, and focal points in the city;

b) Determine the maximum height and minimum height of buildings in each functional zone and throughout the city.

2. Documents for urban design include:

a) Plans and elevations of central areas and main squares with illustrative perspective drawings;

b) Plans and elevations of main streets with illustrative perspective drawings;

c) Depending on specific conditions of each city, establish models of functional zones or the entire city at appropriate scales.

Article 31. Urban design in detailed urban construction planning

1. Contents of urban design in detailed urban construction planning:

a) Study and determine focal buildings in the space of the planned area from different directions and viewpoints; building heights for each plot and the entire area; setbacks of buildings along each street and intersections;

b) Study the form, color, lighting, and dominant architectural style of buildings; greenery systems, water surfaces, squares; red-line boundaries, construction limits, determine road grades, sidewalk grades, foundation levels of buildings, controlled building heights along each street;

c) Regulations on urban landscape architecture management including regulations on red-line boundaries, construction limits, foundation grades of roads, sidewalk grades for all streets; regulations on building heights and first-floor heights of buildings; regulations on architectural forms, elevations, roofs, roof overhangs, bay windows, balconies of buildings; regulations on colors, lighting, building materials; regulations on urban utility facilities, monuments, wall paintings, advertising signs, directional signs, symbols, trees, gardens, fences, disabled pathways, sidewalks, and architectural enclosures for urban infrastructure projects.

2. Documents for urban design include:

a) Floor plans and elevations along streets; scale 1/2,000 or 1/500;

b) Important cross-sections along streets; scale 1/2,000 or 1/500;

c) Description of the project;

d) Regulations on urban landscape management of the project;

đ) Models; scale 1/500 or 1/2,000 or appropriate scale depending on the design area.

3. The Ministry of Construction guides urban design in overall urban construction planning and detailed urban construction planning.

PART 5
URBAN RURAL SETTLEMENT CONSTRUCTION PLANNING

Article 32. Objectives, stages, and time frame for rural settlement construction planning

1. Rural settlement construction planning is developed for village centers and concentrated rural settlements collectively referred to as hamlets.

2. Before developing construction planning for individual rural settlements, it is necessary to develop a network of rural settlement construction planning within the administrative boundaries of the commune.

3. The timeframe for short-term rural settlement construction planning is five years, and for long-term planning, it is ten to fifteen years.

4. The time required to develop rural settlement construction planning shall not exceed six months.

Article 33. Tasks of rural settlement construction planning

1. The contents of tasks for rural settlement construction planning include:

a) Forecast population growth by phases within the commune;

b) Determine the network of rural settlements within the commune;

c) Rural settlement construction planning;

d) Commune center construction planning.

2. Drawings showing the schematic boundary map of the commune, scale 1/25,000; settlement boundary map, scale 1/5,000.

Article 34. Contents of rural settlement construction planning

1. The contents of rural settlement construction planning include the following main aspects:

a) Analysis of current population size, labor force, economic and social development situation; forecast population for each planning phase;

b) Analysis of current land use; forecast land use scale for each planning phase;

c) Overall land use plan; arrangement of construction works, buildings to be preserved; renovation and beautification; technical infrastructure and social infrastructure; determination of non-construction areas and environmental protection measures;

d) Propose priority development items and resources for implementation.

2. Documents for rural settlement construction planning include:

a) Drawings:

- Current construction and land use map of rural settlements; scale 1/500 - 1/2,000;

- Network planning and technical infrastructure map of rural settlements within the commune; scale 1/5,000 - 1/25,000;

- Comprehensive spatial planning and technical infrastructure map of rural settlements; scale 1/500 - 1/2,000.

b) Summary description.

Article 35. Regulations on management of rural settlement construction planning

The authority responsible for approving the rural settlement construction planning project issues regulations on management of rural settlement construction planning including the following contents:

1. Define planning boundaries for each rural settlement.

2. Specify areas prohibited from construction; the scope and protective zones for technical infrastructure projects, landslide-prone areas, and disaster-prone areas; land reserves for population development, historical and cultural preservation areas, and other areas.

3. Specify red-line boundaries and construction limits for transportation systems within residential points and on the commune territory.

4. Provide environmental protection regulations for rural residential points.

5. Other provisions.

Article 36. Review and approve the planning for the construction of rural residential points.

1. The People's Committee at the district level shall approve the planning tasks and construction plans for rural residential points after they have been passed by the People's Council at the commune level through resolutions and with a request for approval from the People's Committee at the commune level within twenty working days from the date of receiving complete and valid documents.

2. The construction management agency at the district level shall review the planning tasks and construction plans for rural residential points within thirty working days from the date of receiving complete and valid documents, and submit them to the People's Committee at the district level for approval.

Article 37. Adjusting the construction planning for rural residential points.

1. The construction planning for rural residential points shall be adjusted when any of the following situations occur:

a) The local socio-economic development strategy is revised, leading to changes in the labor structure and industry needs, and fluctuations in population demand;

b) Geographic and natural conditions change, such as administrative boundary adjustments, landslides, floods, earthquakes, and other factors affecting local socio-economic development forecasts.

2. The People's Committee at the district level shall decide on adjusting the construction planning for rural residential points and bear legal responsibility for their decisions.

3. The implementation of adjustments to the construction planning for rural residential points must ensure continuity, only modifying necessary contents.

Section 6
MANAGEMENT OF CONSTRUCTION PLANNING

Article 38. Announcing construction planning

1. For regional construction planning:

a) The Ministry of Construction shall guide the People's Committees at the provincial level within the planning region in organizing the announcement of inter-provincial regional construction planning under the Prime Minister's approval authority;

b) The People's Committees at the district and commune levels within the planning region shall organize the announcement of regional construction planning under the provincial People's Committee's approval authority;

c) The content of announcing regional construction planning shall comply with the provisions of the approving authority.

2. For overall urban construction planning:

a) All levels of People's Committees shall be responsible for organizing the announcement of approved urban overall construction planning within their administrative jurisdiction;

b) The content of announcing urban overall construction planning shall comply with the provisions of the approving authority.

3. For detailed urban construction planning:

a) All levels of People's Committees shall be responsible for organizing the announcement of approved detailed urban construction planning within their administrative jurisdiction for implementation and supervision;

b) The content of announcing detailed urban construction planning includes the entire planning content and the Management Regulations of the construction planning project.

4. For construction planning of rural residential points:

a) The Commune People's Committee shall organize the announcement of construction planning for rural residential points;

b) The content of announcing construction planning for rural residential points includes the entire planning content and the Management Regulations of the construction planning project.

5. Within thirty working days from the date the competent state agency approves the construction planning, the People's Committees at all levels as stipulated in Clauses 1, 2, 3, and 4 of this Article shall be responsible for organizing the announcement of construction planning.

6. Those responsible for announcing construction planning who fail to organize the announcement, delay the announcement, or announce incorrect content of the approved construction planning shall be held accountable according to the severity of the violation, subject to disciplinary action, criminal prosecution, or compensation for damages caused by their fault.

Article 39. Forms of announcing and publicizing construction planning

Depending on the type of construction planning, the authorized body for announcing construction planning shall decide on the forms of announcing and publicizing construction planning as follows:

1. A meeting to announce construction planning with the participation of representatives from relevant organizations and agencies, the Fatherland Front, people's representatives in the planning area, and news media.

2. Publicly displaying and continuously exhibiting panels, drawings, and models at public places, at construction planning management agencies at all levels, and at the Commune People's Committee for detailed urban construction planning.

3. Promoting through mass media.

4. Planning maps and Management Regulations of construction planning may be printed for wide distribution.

Article 40. Setting construction boundary markers in the field

1. Based on approved boundary documents, setting construction boundary markers in the field includes red-line boundaries, construction boundaries, building elevations, and boundaries of prohibited construction areas. The boundary markers must be completed no later than sixty days from the date of the construction planning announcement.

2. Responsibilities for organizing and implementing the setting of boundary markers:

a) The Provincial People's Committee is responsible for directing the setting of construction boundary markers for planning projects within its administrative jurisdiction;

b) The District People's Committee is responsible for organizing the setting of construction boundary markers for planning projects within its administrative jurisdiction;

c) The Commune People's Committee is responsible for setting construction boundary markers for planning projects within its administrative jurisdiction.

3. Boundary markers must be durable, meet standard sizes, and include specified indices.

4. The Commune People's Committee is responsible for protecting the field boundary markers.

5. Any person who improperly sets boundary markers or building elevations, moves, or destroys boundary markers or building elevations shall be subject to administrative penalties, criminal prosecution, or compensation for damages caused by their fault according to the law.

Article 41. Providing information about construction planning

1. The construction management agencies at all levels shall be responsible for providing information on the construction site, construction boundaries, red-line boundaries, construction elevations, construction planning certificates, and other information related to planning when organizations or individuals request such information within the scope of the construction planning project under their management.

The People's Committee at the district level shall be responsible for organizing the receipt, processing, and provision of information upon request.

The maximum time for providing information upon written request is 20 working days from the date of the request.

2. Individuals requesting information in writing shall bear the full cost of the information materials they request.

3. Those responsible for providing information shall be liable under the law for the time taken to provide information and the accuracy of the provided documents and data.

Section 7
CAPITAL FOR PLANNING CONSTRUCTION WORK

Article 42. Sources of capital for planning construction work

1. State budget capital shall be allocated annually in the plan to establish regional construction plans, general urban construction plans, detailed urban construction plans with a scale of 1/2,000, rural residential area construction plans, and detailed urban construction plans with a scale of 1/500 that do not belong to investment projects for constructing works under a business model.

2. Capital borrowed from banks, contributions from domestic and foreign organizations and individuals, funds raised from investment projects, and other sources of capital shall be used to establish the remaining types of construction plans.

3. Capital for planning construction work shall be used for the following tasks:

a) Topographic and geological surveys to serve the establishment of construction plans;

b) Establishing, reviewing, approving, and managing planning construction work;

c) Organizing the publication of construction plans;

d) Setting up physical boundary markers for construction plans;

đ) Other tasks serving planning construction work.

4. The State encourages domestic and foreign organizations and individuals to sponsor capital for establishing construction plans.

Article 43. MANAGEMENT OF STATE BUDGET CAPITAL FOR PLANNING CONSTRUCTION WORK

1. Responsibilities for preparing annual state budget capital plans:

a) The Ministry of Construction shall prepare the annual state budget capital plan for construction planning projects organized by the Ministry of Construction and construction planning projects according to the Prime Minister's requirements;

b) People's Committees at all levels shall prepare the annual state budget capital plan for construction planning projects within their administrative boundaries, except for those specified in point a of Clause 1 of this Article;

c) The Ministry of Planning and Investment and the Ministry of Finance shall be responsible for balancing state budget capital annually for construction planning work prepared by the Ministry of Construction and People's Committees at all levels.

2. Conditions for recording capital plans:

a) The construction planning task has been approved by the competent authority;

b) The annual list of construction planning projects to be established has been approved;

c) The approved budget estimate for the construction planning task.

3. The Ministry of Construction shall stipulate the standards and unit prices for establishing construction plans.

Article 44. Advance payment, settlement, and finalization of capital for planning construction work funded by the state budget

1. For topographic and geological surveys to serve the establishment of construction plans, advance payments and settlements of capital shall be carried out as follows:

a) The first advance payment amount equals 30% of the contract value and shall be made immediately after the contract becomes effective;

b) The second advance payment amount equals 20% of the contract value, after the field inspection is completed;

c) The third advance payment amount equals 20% of the contract value, after the product for establishing the construction plan is handed over;

d) Settlement of the contract after the survey documentation is inspected and handed over.

2. For the establishment of construction planning projects, advance payments and settlements of capital shall be carried out as follows:

a) The first advance payment amount equals 40% of the contract value and shall be made immediately after the contract becomes effective;

b) The second advance payment amount equals 40% of the contract value, after the review results from the competent authority are obtained;

c) Settlement of the contract after the officially handed-over construction plan documentation is approved.

3. For other tasks related to planning construction work, advance payments and settlements of capital shall be carried out as follows:

a) For the publication of construction plans:

- The first advance payment amount equals 50% of the approved budget estimate for publishing the construction plan;

- Settlement of the remaining 50% after completing the publication of the construction plan.

b) For setting up physical boundary markers for construction plans outside the actual site, advance payments and settlements of capital shall be carried out as follows:

- The first advance payment amount equals 50% of the contract value and shall be made immediately after the contract becomes effective;

- The second advance payment amount equals 30% of the contract value after inspecting the physical boundary markers for construction plans outside the actual site;

- Settlement of the contract after the physical boundary marker setting task for construction plans outside the actual site is completed, inspected, and handed over.

4. Advance payments and settlements of capital for other tasks such as managing the establishment of construction plans, reviewing, and approving construction plan projects shall correspond to the volume of work.

5. Annual settlement and finalization of construction planning capital shall follow the guidelines of the Ministry of Finance.

6. The maximum advance payment shall not exceed the annual plan allocation for that project component and shall be recovered after settling the completed volume of work.

CHAPTER III
CONDITIONS OF CAPACITY FOR ORGANIZATIONS AND INDIVIDUALS IN URBAN DEVELOPMENT PLANNING DESIGN
URBAN DEVELOPMENT PLANNING DESIGN

Article 45. General provisions on conditions of capacity for organizations and individuals in urban development planning design

1. Organizations and individuals participating in urban development planning design activities must meet the conditions of capacity as prescribed in this Decree.

2. Individuals engaged in urban development planning design must hold appropriate diplomas and certificates issued by legitimate training institutions.

3. Individuals holding the position of head of urban development planning project, leading specialized design of urban development planning projects, and independent practitioners in urban development planning design must possess a professional practice certificate as prescribed.

4. The capacity for urban development planning design activities of organizations shall be determined based on the professional levels of individuals within the organization, construction experience, financial capability, equipment, and management capacity of the organization.

5. A consulting organization may undertake one, several, or all tasks related to urban development planning design if it meets the conditions of capacity as prescribed in this Decree. Individuals holding positions as stipulated in Clause 3 of this Article must have long-term labor contracts as prescribed by law.

6. When selecting contractors to perform tasks in urban development planning activities, the project owner must base their selection on the conditions of capacity as prescribed in this Decree and shall bear legal responsibility for damages resulting from selecting contractors who do not meet the appropriate conditions of capacity for the work.

Article 46. CONDITIONS FOR ISSUANCE OF PROFESSIONAL PRACTICE CERTIFICATE FOR ARCHITECTS

Individuals eligible for issuance of a professional practice certificate for architects must hold a bachelor's degree or higher in architecture or urban development planning; have at least five years of experience in design work and have participated in designing at least five approved architectural projects or five urban development planning projects.

Article 47. CONDITIONS FOR ISSUANCE OF PROFESSIONAL PRACTICE CERTIFICATE FOR ENGINEERS

Individuals eligible for issuance of a professional practice certificate for engineers must hold a bachelor's degree or higher in a relevant field corresponding to the profession they wish to register; have at least five years of experience in the registered field and have participated in designing or surveying at least five projects. have at least five years of experience in the field of professional registration and have participated in designing or surveying at least five projects.

Article 48. CONDITIONS OF CAPACITY FOR HEADS OF URBAN DEVELOPMENT PLANNING PROJECTS

1. Heads of Class I Urban Development Planning Projects:

a) Hold a professional practice certificate for architects or engineers suitable for the work undertaken;

b) Have served as head of an urban development planning project for a provincial region or higher, or an overall urban development planning project of Class 1 or higher, or two overall urban development planning projects for cities of Class 2, or three overall urban development planning projects for cities of Class 3, or three districts of a centrally-administered city, or have been a Class II head and have served as head of five urban development planning projects.

2. Heads of Class II Urban Development Planning Projects:

a) Hold a professional practice certificate for architects or engineers suitable for the work undertaken;

b) Have served as head of an urban development planning project for a district-level region or higher, or an overall urban development planning project for a high-tech industrial zone, special economic zone, or an overall urban development planning project of Class 2 or higher, or two cities of Class 3, or three cities of Class 4, or four cities of Class 5, or have led specialized design of urban development planning projects for three district-level urban development planning projects or higher.

SCOPE OF ACTIVITY

a) Heads of Class I Urban Development Planning Projects may serve as heads of design for all types of urban development planning projects;

b) Heads of Class II Urban Development Planning Projects may serve as heads for urban development planning projects within the province, overall urban development planning projects for cities of Class 2 or lower, urban development planning projects for high-tech industrial zones, special economic zones, detailed urban development planning projects, and rural residential area development planning projects.

Article 49. Conditions for capacity to lead specialized design of construction planning projects

1. Leading specialized design of Class I construction planning projects.

a) Hold a professional practice certificate for architects or engineers suitable for the work undertaken;

b) Has been leading specialized design of at least one regional construction planning project of a provincial level or general construction planning project from type 1 upwards or two general urban construction planning projects of type 2 or three general urban construction planning projects of type 3 or three districts of centrally governed cities or has been leading specialized design of Class II construction projects and has been leading specialized design of five construction planning projects.

2. Leading specialized design of Class II construction planning projects.

a) Hold a professional practice certificate for architects or engineers suitable for the work undertaken;

b) Has been leading specialized design of at least one county-level regional construction planning project or high-tech industrial zone or special economic zone general construction planning project or general urban construction planning project from type 2 upwards or two urban projects of type 3 or three urban projects of type 4 or four urban projects of type 5 or has participated in designing five construction planning projects.

SCOPE OF ACTIVITY

a) Leading a Class I construction planning project can act as the leader for all types of construction planning projects;

b) Leading a Class II construction planning project can act as the leader for regional construction planning projects within the province, general urban construction planning projects of type 2 downwards, high-tech industrial zones or special economic zones general construction planning projects, detailed urban construction planning projects and rural residential area construction planning projects.

Article 50. Conditions for individuals practicing independently in construction planning design

1. Individuals practicing independently in construction planning design must meet the following conditions:

a) Possess a valid practice certificate appropriate to their field of practice;

b) Register their practice activities according to the provisions of the law.

2. Scope of activities:

Individuals practicing independently in construction planning design may undertake the following types of construction planning:

a) Participate in bidding for construction planning design projects;

b) Serve as the head or lead designer for general urban construction planning projects of type 5;

c) Serve as the head or lead designer for detailed urban construction planning projects with an area not exceeding 50 hectares;

d) Serve as the head or lead designer for rural residential area construction planning projects.

Article 51. Responsibilities of those granted certificates

1. When applying for a certificate, they must truthfully declare the requirements of the application for the certificate and bear legal responsibility for the accuracy of the application.

2. Carry out construction planning design projects according to the granted practice certificate.

3. Bear legal responsibility for the quality of construction planning design projects undertaken by themselves.

4. Strictly prohibit the alteration, lending of construction planning design practice certificates. Violators will have their certificates revoked and this will be announced through mass media.

5. Pay fees when obtaining a certificate according to the regulations of the Ministry of Finance.

Article 52. Conditions for capacity to operate construction planning design organizations

The capacity to operate construction planning design organizations is classified into two levels as follows:

1. Level I:

Must have at least 30 architects, urban engineers, engineers in relevant fields holding appropriate practice certificates for construction planning design projects, including those who meet the conditions to serve as the head or lead designer for Class I construction planning projects.

2. Level II:

Must have at least 20 architects, urban engineers, engineers in relevant fields holding appropriate practice certificates for construction planning design projects, including those who meet the conditions to serve as the head or lead designer for Class II construction planning projects.

SCOPE OF ACTIVITY

a) Construction planning design organizations of Level I can undertake construction planning for all types of construction planning projects;

b) Construction planning design organizations of Level II can undertake construction planning for regional construction planning projects within the province, general urban construction planning projects from type 2 downwards; high-tech industrial zones or special economic zones general construction planning projects, detailed urban construction planning projects, export processing zones, concentrated industrial zones construction planning projects and rural residential area construction planning projects;

c) Construction planning design organizations that do not meet the classification conditions specified in this Article are only allowed to undertake general urban construction planning projects of type 4, type 5 and equivalent, rural residential area construction planning projects and detailed urban construction planning projects up to 200 hectares.

4. Strictly prohibit construction planning design organizations from operating outside the scope defined in points a, b, c of Clause 3 of this Article.

Article 53. Authority to issue construction planning design practice certificates

1. Practice certificates are standardized and valid throughout the country.

2. Practice certificates are issued by the Minister of Construction. The Minister of Construction decides to establish an Advisory Council to assist in issuing practice certificates.

3. The Ministry of Construction provides specific guidance on issuing practice certificates; defines the functions, tasks, and operational rules of the Advisory Council.

PART IV
IMPLEMENTATION

Article 54. Responsibilities of People's Committees at all levels

1. Implement state management functions over construction planning according to the分级授权由政府决定。

2. Improve the construction planning management system at the local level to ensure it has sufficient capacity to help the government organize and manage construction planning.

3. Regularly review urban construction planning and rural residential area construction planning under its jurisdiction to promptly adjust the planning to suit the actual situation of the locality.

4. Develop specific plans regarding time, funding sources, and implementation of regional construction planning, urban construction planning, and rural residential area construction planning without existing planning.

5. Organize the implementation, publication of planning, and construction management according to approved construction planning.

6. Develop specific plans to implement approved construction planning projects.

7. Inspect, audit, resolve complaints and accusations, and handle violations of construction planning laws at the local level.

8. Organize publicity, dissemination, and education on laws related to construction planning to ensure that all citizens understand and comply with these laws.

9. Implement administrative penalties in construction planning activities, enforce demolition of constructions violating planning, and illegal construction without permits.

Article 55. Implementation

1. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees under the direct control of the central government shall be responsible for organizing the implementation of this Decree within their respective duties and authorities.

2. The Minister of Construction shall take the lead and coordinate with relevant ministries and sectors to guide, monitor, and inspect the enforcement of this Decree.

Article 56. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 91/CP dated August 17, 1994 on the Urban Planning Management Regulations./.