Decision No. 322-BXD/ĐT On the issuance of regulations for preparing urban planning projects

Pursuant to …;

Regarding the issuance of regulations for the preparation of urban construction master plans

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THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities of state management of ministries and ministerial-level agencies;

Pursuant to Decree No. 59/HĐBT dated April 14, 1988 of the Council of Ministers on the functions, tasks, and organizational structure of the Ministry of Construction;

Pursuant to Decision No. 132/HĐBT dated May 5, 1990 on the classification of cities and urban management levels and Directive No. 19/CT dated January 22, 1991 of the Chairman of the Council of Ministers on rectifying urban management work;

At the proposal of the Heads of the Urban-Rural Department and the Director of the Urban-Rural Planning Institute;

Pursuant to …;

Article 1. Now hereby promulgates with this Decision the regulations on the preparation of urban construction master plans and guidelines for the main contents of urban construction master plans.

Article 2. These regulations apply in the field of urban planning design and urban construction management throughout the country. Previous regulations issued by the Ministry of Construction and provincial People's Committees that conflict with these regulations are abolished. The rural urban planning design fee issued pursuant to Decision No. 142-BXD/VKT of the Minister of Construction dated May 18, 1989 will continue to be applied until a new fee is issued.

Article 3. This Decision takes effect from the date of signature.

REGULATIONS

ON THE PREPARATION OF URBAN CONSTRUCTION MASTER PLANS
(Issued together with Decision No. 322-BXD/ĐT dated December 28, 1993) of the Minister of Construction)

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I. GENERAL PROVISIONS

Article 1All cities (cities, towns, and townships) must have urban renovation and construction master plans.

Urban construction master plans include regional urban development schemes, general urban development plans for the entire urban territory, and detailed urban development plans for specific parts of the urban territory.

Article 2.Urban construction planning has the specific task of concretizing the Party and State's strategy for economic and social stability and development, the national urban development strategy, coordinating with specialized sectoral plans, ensuring that urbanization and urban development achieve high economic, social benefits, and environmental protection.

Article 3. Urban construction master plans must be prepared by organizations specializing in such work recognized by the State and must comply with laws, standards, regulations, and procedures established by the State. They must also be approved by competent authorities. Approved master plans serve as the legal basis for urban construction management, investment preparation activities, annual, short-term, and long-term urban renovation and construction plans for various sectors and localities.

Article 4

1. Approved urban construction planning projects must be publicly disseminated so that the people can know and implement them.

2. During implementation, urban construction master plans need to be adjusted:

- Adjustments to general urban development plans are carried out every five years.

- Supplementary adjustments to general urban development plans or detailed plans are conducted regularly when deemed necessary.

Any adjustment to urban construction master plans must be authorized by the approving authority.

II. SPECIFIC PROVISIONS

II.1. REGIONAL URBAN DEVELOPMENT SCHEMES:

Article 5Regional urban development schemes aim to establish the basis for preparing urban construction master plans for cities or industrial zones, rural residential areas, developing infrastructure, and protecting the environment within the region. Regional urban development schemes are prepared according to the Government's provisions over a period of 15-20 years, based on the overall socio-economic development plan of the country and each region, specialized sectoral plans, and relevant state laws and regulations.

Article 6. Regional urban development schemes are prepared for regions with comprehensive or specialized functions (industrial, urban, agricultural, tourism-recreation, natural conservation, forestry, etc.) and economic-administrative provinces, counties, and economic development areas. The tasks of regional urban development schemes are:

1. To comprehensively assess the current situation and development resources of the region.

2. To forecast the potential for economic growth, population, land, social needs, inter-regional relationships, urbanization processes, and environmental instability, forming balanced options between capabilities and requirements.

3. To establish regional development goals and perspectives.

4. To direct spatial organization (delineating functional zones), infrastructure, and environmental protection measures.

5. To select priority areas and objects for development, forming a list of key investment programs and projects, balancing capital investment requirements, and prioritizing them.

6. To recommend management mechanisms and policies for regional development.

, Clause 1, Clause 2 Article 7a of this Regulation.Regional urban development schemes are prepared on topographic maps at specified scales as follows:

1. Regions up to 30,000 km² use maps at scales of 1/25,000 + 1/100,000.

2. Regions larger than 30,000 km² use maps at scales of 1/100,000 - 1/300,000.

Article 8. The main components of the regional urban development scheme dossier include:

8.1. Drawings section:

1. Location diagram and inter-regional relations (scale selected according to the research area's size and its direct impact on the planned region).

2. Current status map and comprehensive land evaluation.

3. Regional development orientation diagram (spatial organization, environmental protection, and infrastructure).

4. Initial development planning diagram (spatial organization, environmental protection, and infrastructure including a list of investment projects prioritized).

5. Illustration diagram of development planning for priority investment areas (at appropriate scale).

The map scale specified in Article 7 applies only to diagrams 2, 3, and 4 when preparing the research dossier (color dossier) for review sessions. For the official dossier, all diagrams and maps specified in Article 8 are reduced to suitable scales (with scale notation) and included in the illustration section of the explanatory report.

8.2. Textual section:

1. Summary explanation, submission letter, and appendices.

Draft regulatory documents for urban construction based on the regional urban development scheme. After approval by the competent authority, the regional urban development planning dossier must be sent to relevant ministries, sectors, and provinces or centrally administered cities for implementation.

II.2. GENERAL URBAN DEVELOPMENT PLANS

Article 9. The general urban planning project determines the direction, tasks for renovating and constructing the city regarding spatial development, infrastructure, creating a suitable living environment while considering the balance and harmony between urban expansion and agricultural production, ensuring national defense security and other economic activities, as well as preserving historical relics and natural landscapes, taking into account the consequences of natural disasters and potential technological accidents.

Article 10. The general urban planning project is established for a single city or a system of closely related urban residential points in terms of territory, economy, society, services, and other aspects. The general urban planning project is presented through a development orientation diagram for 15 to 20 years and the initial construction planning for 5 to 10 years, focusing on addressing the following main tasks:

1. Comprehensive assessment of natural conditions, current status, and strengths or driving forces for urban development.

2. Argumentation to determine the nature, economic-technical foundation, population size, land area, and key economic-technical indicators for urban renovation and development.

3. Orientation for urban development (spatial, environmental protection, and infrastructure).

4. Initial construction planning for 5 to 10 years.

5. Establishing legal bases for urban construction management.

6. Forming foundations for detailed planning projects and investment projects.

Article 11The general urban planning project is established on topographic maps with scales as follows:

Table 1

Original maps must ensure accuracy, clarity, and not exceed a five-year validity period from issuance.

In cases where the terrain, geomorphology, and current status have undergone significant changes, before use, the map must be supplemented with additional surveying and must include aerial photographs. Specifically, for cities of type I, when establishing the general urban planning project, it is necessary to use the latest aerial photographs, while for cities of types II and III in areas with such conditions, all available aerial photograph materials must be fully utilized to verify and accurately update the original maps.

Article 12.The main components of the general urban planning project's dossier include:

12.1. Drawing section

1. Regional relationship diagram (scale A)

2. Current status map and comprehensive evaluation of construction land (scale B)

3. Spatial development orientation diagram (scale B)

4. System infrastructure technical development orientation diagram (scale B)

5. Land use planning map for 5 to 10 years (scale C).

6. Infrastructure and environmental sanitation planning map (scale C)

7. Integrated technical lines and pipelines diagram (scale C)

8. Dossier of cross-sections and red-line boundaries of major streets.

9. Illustrative diagrams and tables.

Drawings 1 to 8 and illustrative diagrams and tables (9) are mandatory for research dossiers (color dossiers) to be used in reporting meetings for review.

When preparing the official dossier, all drawings from 1 to 6 and 9 must be reduced to appropriate scales, accompanied by scale bars to be included in the illustration or appendix of the explanatory report. Specifically, drawings 3, 4, 5, 6, 7, and 8 must be represented on maps according to the specified scale in Article 11 (ink dossiers) and must be stored on computers to ensure accuracy during exploitation and use.

12.2. Textual section

1. Petition letter, summary explanatory report

2. Comprehensive explanatory report, including the following main contents:

- Basis for establishing the general urban planning project.

- Detailed content of the project.

- Conclusions and recommendations.

- Appendix: agreements of reviewing agencies, reduced drawings, illustrative diagrams and tables.

3. Draft "Urban Construction Management Regulations According to Planning," accompanied by a zoning management map delineating special areas and specifying management and usage regulations for each area (including architectural planning criteria and key economic-technical indicators).

II.3. Detailed planning projects

Article 13. Detailed planning projects aim to concretize and refine the provisions of the general urban planning project and are established for areas requiring renovation and construction within the next 10 years. Detailed planning projects divide and specify the management and usage regimes for land areas or plots designated for public or private use, serving purposes of renovation, beautification, or construction of housing, service facilities, production and business facilities, green spaces, cultural and recreational parks; study and prepare technical groundwork for land areas, renovate and develop infrastructure networks; stipulate preservation, restoration, and development of architectural works and natural scenic areas of value, ensuring fire safety and urban environmental protection.

Approved detailed planning projects serve as a basis for directing the establishment of investment construction projects, implementing subsequent design and construction steps, and conducting procedures for issuing planning certificates, allocating land, and granting construction permits...

Article 14Tasks of detailed planning projects

1. To concretize and refine the provisions of the general urban planning project.

2. Assess the current construction status and the potential for using existing and planned development land.

3. Aggregate and balance investment renovation and construction requirements at the planned land area.

4. Develop land use plans, divide land areas or plots, and specify land management and usage regimes for different users.

5. Study and propose architectural orientations and urban landscape protection measures.

6. Study and propose solutions for renovating and constructing infrastructure systems.

7. Study phased investment renovation and construction.

8. Determine street red lines and building lines for streets.

9. Draft construction management regulations.

Article 15. Detailed planning projects include

1. Detailed land use planning project

Established at two levels as follows:

1.1. For areas of land with an area exceeding 200 hectares, apply maps at scales of 1/2000 to 1/5000 to detail and accurately specify the provisions of the general urban planning project regarding land management and usage; the renovation and construction of technical infrastructure projects, architectural orientation, and natural landscape protection for each area ranging from 4 to 20 hectares.

1.2. For areas of land between 20 and 200 hectares, apply maps at scales of 1/1000 to 1/2000 to detail and accurately specify the provisions of the general urban planning project and detailed land use planning projects related to it, while clearly defining objectives, land management regimes, requirements for planning layout - architecture, and infrastructure bases, economic and technical indicators, environmental sanitation... for each area designated for constructing clusters of projects or individual projects.

2. Detailed planning subdivision project:

Is established for areas of land with an area under 20 hectares on cadastral and topographic maps at scales of 1/200 to 1/500 to stipulate land management and usage regimes and requirements for the renovation or construction of projects within each plot.

The original maps used to establish detailed planning projects must ensure clarity and accuracy in reflecting updated content about terrain and the current status of the land.

Article 16. The main components of the detailed planning project file include:

16.1. Drawings Section

1. Location and boundary map of the area (extracted from the land use planning map of the general urban planning project or the detailed land use planning project if it is a subdivision planning project)

2. Map assessing the current status and construction land fund.

3. Map of the current technical infrastructure system.

4. Planning structure diagram (at least two options must be proposed for comparison and selection)

5. Land use planning map or subdivision planning map (for subdivision planning projects).

6. Diagram of spatial organization planning - architecture and landscape (floor plans and elevations).

7. Technical infrastructure system planning map (including detailed design drawings)

8. Integrated map of technical lines and pipelines

9. File of red line boundaries and construction boundaries.

Diagrams 1, 4, and 6 should be applied at appropriate scales depending on the characteristics of each project.

Maps 2, 3, 5, 7, 8, and 9 must be applied at the scale specified in Article 15 when preparing research files (color files) to report during review sessions.

When preparing formal files (ink files), drawings 5, 7, 8, and 9 should be presented on maps at the scale specified in Article 15 and stored on computers to ensure accuracy when utilized. The remaining drawings must be reduced to integrated scales with accompanying scale bars to be included in the illustrative section or appendices of the explanatory notes.

16.2. Textual Section

1. Petition, summary and comprehensive explanation, appendices, and agreements of reviewing or approving agencies.

2. Draft construction management regulations.

III. IMPLEMENTATION PROVISIONS

Article 17This regulation applies to the field of urban planning design and construction management throughout the country.

Chairmen of provincial people's committees directly under the central government, heads of the Ministry's Office, heads of departments and bureaus directly under the Ministry, chief architects of cities, directors of Construction Departments, Housing Departments, Transportation and Communications Departments of provinces and cities directly under the central government are responsible for implementing this regulation.

Article 18. This regulation takes effect from the date of issuance, all previous regulations of the Ministry of Construction and local People's Committees that conflict with this regulation are abolished.