DECREE
Regarding the establishment, review, approval, and management of urban planning
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Urban Planning Law dated June 17, 2009;
Considering the proposal of the Minister of Construction
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates on the establishment, review, and approval of urban planning; construction management according to the planning; and the capacity conditions of organizations and individuals participating in the establishment of urban planning.
Article 2. Time for establishing urban planning
1. Time for establishing general urban planning:
a) For centrally-administered cities, the time for establishing the planning assignment shall not exceed three months, and the time for establishing the planning scheme shall not exceed fifteen months;
b) For provincial cities, towns, and new urban areas, the time for establishing the assignment shall not exceed two months, and the time for establishing the planning scheme shall not exceed twelve months;
c) For townships, the time for establishing the assignment shall not exceed one month, and the time for establishing the planning scheme shall not exceed nine months.
2. Time for establishing district-level planning: the time for establishing the assignment shall not exceed one month, and the time for establishing the planning scheme shall not exceed nine months.
3. Time for establishing detailed planning: the time for establishing the assignment shall not exceed one month, and the time for establishing the planning scheme shall not exceed six months.
4. Time for establishing the planning scheme for specialized infrastructure technical planning shall not exceed nine months.
5. The time for establishing the planning assignment is calculated from the date of signing the consulting contract between the agency organizing the planning or the project investor and the consulting organization. The time for establishing the planning scheme is calculated from the date the planning assignment is approved. In cases where the establishment of the planning assignment and the establishment of the planning scheme are carried out by two different legal entities, the time for establishing the planning scheme is calculated from the date of signing the consulting contract.
Article 3. Topographic maps serving the establishment of urban planning schemes
1. Topographic maps serving the establishment of urban planning schemes are issued by state management agencies responsible for maps or established by specialized surveying and mapping agencies, ensuring quality and technical requirements as prescribed in regulations on surveying and mapping activities.
2. Information and data on topographic maps must meet the requirements for serving urban planning in accordance with each type of urban planning scheme. In cases where topographic maps do not match the current status at the time of planning, supplementary surveys and measurements shall be conducted.
Article 4. Management of funds serving the work of establishing and implementing urban planning
1. Funds serving the work of establishing and implementing urban planning from the state budget are allocated from the annual state budget's economic affairs expenses and local budgets.
2. Funds serving the work of establishing and implementing urban planning from the funds of organizations and individuals implementing investment construction projects are included in the total investment cost of the project.
3. Responsibilities for preparing plans for funds serving the work of establishing and implementing urban planning from state budget funds:
a) The Ministry of Construction prepares the annual state budget plan for the work of establishing and implementing urban planning organized by the Ministry of Construction and other urban planning assigned by the Prime Minister;
b) People's Committees at all levels prepare and balance the annual plan for funds for urban planning they organize, except for urban planning as specified in point a, Clause 3 of this Article;
c) The Ministry of Finance and the Ministry of Planning and Investment are responsible for balancing sources of funds from the state budget annually for the work of establishing and implementing urban planning carried out by the Ministry of Construction; People's Committees at all levels are responsible for balancing local government budget funds annually to implement urban planning work in their respective regions.
4. Conditions for recording annual fund plans:
A list of urban planning projects or works items for organizing urban planning implementation approved by competent authorities, accompanied by a draft and budget estimate for the cost of establishing urban planning or costs for work items to organize urban planning implementation.
5. The Ministry of Construction announces norms and unit prices for the work of establishing and implementing urban planning.
6. The Ministry of Finance coordinates with the Ministry of Construction to guide the advance payment, settlement, and finalization of funds for the work of establishing and implementing urban planning from the state budget in accordance with management requirements and the specific nature of urban planning work.
Chapter II
Article CONDITIONS AND CAPACITIES OF CONSULTANCY ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN URBAN PLANNING AND SELECTION OF CONSULTANCY ORGANIZATIONS FOR URBAN PLANNING
Section 1
CONDITIONS AND CAPACITIES OF CONSULTANCY ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN URBAN PLANNING
Article 5. General conditions for consultancy organizations and individuals participating in urban planning
1. Consultancy organizations and individuals participating in urban planning must meet the capacity conditions as prescribed in this Decree or current laws on the capacity conditions for consultancy organizations and individual designers of construction planning.
2. Individual designers of urban planning must have appropriate diplomas and certificates of training corresponding to the tasks they undertake.
3. Individuals holding the position of head of urban planning project and independent practicing planners of urban planning must hold a practice certificate as prescribed.
4. The capacity of consultancy organizations for urban planning shall be determined based on the professional capacity of individuals within the organization, experience, equipment level, and management capacity of the organization.
Article 6. Conditions and authority to issue practice certificates for architects and urban planning engineers
1. Individuals eligible for a practice certificate for architects and urban planning engineers must have a bachelor's degree or higher in architecture, urban planning, urban technical infrastructure, urban economics; have at least five years of experience in designing urban planning projects and have participated in designing at least five approved urban planning projects.
2. Authority to issue practice certificates for architects and urban planning engineers:
a) The Department of Construction issues practice certificates for architects and urban planning engineers for individuals as prescribed in Clause 1 of this Article;
b) Practice certificates for architects and urban planning engineers are defined and issued uniformly nationwide by the Ministry of Construction according to a standardized model.
Article 7. Responsibilities of individuals holding practice certificates for architects and urban planning engineers
1. Ensuring the truthfulness and accuracy of the application documents for the practice certificate.
2. Being responsible under the law for the quality of work undertaken by themselves.
3. Paying fees for obtaining the practice certificate as prescribed by laws on fees and charges.
Article 8. Classification of project heads and department heads in specialized fields of urban planning
1. Project head of Class I urban planning:
a) Holding a practice certificate for architects and urban planning engineers suitable for the tasks undertaken;
b) Having served as project head for one comprehensive urban planning project from Class I or above, or two Class II comprehensive urban planning projects, or three Class III comprehensive urban planning projects.
2. Project head of Class II urban planning:
a) Holding a practice certificate for architects and urban planning engineers suitable for the tasks undertaken;
b) Having served as project head for one comprehensive urban planning project from Class II or above, or two Class III comprehensive urban planning projects, or three Class IV comprehensive urban planning projects, or four Class V comprehensive urban planning projects.
3. Department head in specialized fields of Class I urban planning:
a) Holding a practice certificate for architects and urban planning engineers suitable for the tasks undertaken;
b) Having served as design department head for one comprehensive urban planning project from Class I or above, or two Class II comprehensive urban planning projects, or three Class III comprehensive urban planning projects.
4. Department head in specialized fields of Class II urban planning:
a) Holding a practice certificate for architects and urban planning engineers suitable for the tasks undertaken;
b) Having served as design department head for one comprehensive urban planning project from Class II or above, or two Class III comprehensive urban planning projects, or three Class IV comprehensive urban planning projects, or four Class V comprehensive urban planning projects.
5. Project heads of Class I urban planning and department heads in specialized fields of urban planning may serve as project heads and design department heads for all urban planning projects.
6. Project heads of Class II urban planning and department heads in specialized fields of urban planning may serve as project heads and design department heads for comprehensive urban planning projects from Class II downwards, sectoral planning, and detailed urban planning projects.
Article 9. Conditions for the capacity of urban planning consulting organizations
1. Urban planning consulting organizations must have individuals meeting the professional capacity conditions as stipulated in Clause 1 of Article 6 to ensure the full implementation of specialties related to spatial planning, technical infrastructure, urban economics, and environment; they must also have material resources and management capabilities to ensure the quality of planning projects.
2. Urban planning consulting organizations that have qualified project leaders and specialized department heads at Class I and meet the requirements of all urban planning specialties may prepare all urban planning projects.
3. Urban planning consulting organizations without project leaders or specialized department heads classified according to the provisions of Article 8 of this Decree can only prepare district zoning plans and detailed urban planning projects.
Article 10. Conditions for foreign consulting organizations and individuals participating in urban planning
1. Foreign consulting organizations and individuals participating in urban planning in Vietnam must have a permit to operate in accordance with Vietnamese law.
2. For foreign consulting organizations and individuals participating in urban planning projects under the approval authority of the Prime Minister, they must be recognized by the Ministry of Construction as having the appropriate capacity for the tasks undertaken.
3. For foreign consulting organizations and individuals participating in urban planning projects under the approval authority of local People's Committees, they must be recognized by the provincial urban planning management agency as having the appropriate capacity for the tasks undertaken.
Article 11. Responsibilities of urban planning consulting organizations
1. Recognize the rank of project leaders and specialized department heads within their organization according to the provisions of Clauses 1 and 2 of Article 8 of this Decree.
2. Provide truthful and complete qualification files of individuals involved in urban planning to the organization or agency organizing the urban planning.
3. Use individuals involved in preparing projects who meet the capacity conditions as prescribed and are suitable for the tasks undertaken.
4Ensure the quality of urban planning projects and the progress of urban planning.
Section 2
SELECTION OF URBAN PLANNING CONSULTING ORGANIZATIONS
Article 12. Selection of urban planning consulting organizations
1. The selection of urban planning consulting organizations is conducted through direct assignment procedures. The organization responsible for urban planning shall assign consulting organizations according to the legal regulations on direct assignment. 2. Encourage the selection of consultants through competitive bidding procedures for general urban planning of large cities with special significance; district zoning and detailed planning of important areas in cities.
3. When selecting consultants for urban planning, the organization responsible for organizing the planning or the project owner must base their decision on the capacity conditions stipulated in this Decree and bear legal responsibility for damages caused by selecting organizations that do not meet the capacity conditions.
Article 13. Competitive Bidding Procedures
1. The selection of urban planning consulting organizations through competitive bidding for planning ideas.
2. Consulting organizations participating in the competitive bidding must meet the capacity conditions as stipulated in Article 9 of this Decree.
3. Organizing the competitive bidding:
The organization responsible for urban planning has the responsibility to:
a) Establish and approve the mission statement, rules, and budget for the competitive bidding;
b) Invite a minimum of five consulting organizations to participate in the competitive bidding;
c) Form a competitive bidding evaluation committee to assess and rank the consulting organizations.
4. Composition and responsibilities of the competitive bidding evaluation committee:
a) Composition of the competitive bidding evaluation committee:
The competitive bidding evaluation committee includes representatives from state management agencies, relevant social-professional organizations, architectural planning councils, and experienced experts in the field of planning and architecture.
b) Responsibilities of the competitive bidding evaluation committee:
- Analyze planning ideas based on the requirements of the bidding mission; evaluate the scientific and practical aspects of the proposals and rank the consulting organizations.
- Compile and report the results of the evaluation and ranking to the organization responsible for urban planning.
5. The organization responsible for urban planning decides on the selection of the consulting organization based on the results of the competitive bidding.
URBAN PLANNING PROJECTS PREPARATION, REVIEW AND APPROVAL
Chapter III
CONTENT OF URBAN PLANNING PROJECTS
Section 1
CONTENT OF THE URBAN PLANNING PROJECT
Article 14. Principles for Urban Planning
1. Central cities, provincial cities, towns, and new urban areas must have general plans established to ensure consistency with the overall orientation of the national urban system planning.
2. Areas within cities and towns must have district plans established to detail the general plan, serving as a basis for determining investment construction projects and detailed planning.
3. Areas within cities, towns, and townships, when implementing investment construction, must establish detailed plans to detail the general plan and district plans, serving as a basis for establishing investment construction projects and issuing construction permits.
4. For investment construction projects organized by a single investor with a scale smaller than 5 hectares (smaller than 2 hectares for residential building projects), it may be possible to establish investment construction projects without having to establish detailed plans. The overall site plan, architectural design solutions, and technical infrastructure solutions in the basic design content must comply with the district plan; ensuring connectivity of technical infrastructure and architectural space compatibility with surrounding areas.
Article 15. Content of the General Urban Plan for Central Cities
1. Analyze and assess natural conditions and current socio-economic status; population, labor force; land use; current status of technical infrastructure, social infrastructure, and environment of the entire city and each urban area. social conditions; population, labor force; land use; current status of technical infrastructure, social infrastructure, and environment of the entire city and each urban area.
2. Determine the nature, objectives, and driving forces for development.
3. Determine the population size, labor force, urban construction land scale, land indicators, social infrastructure, and technical infrastructure for the entire city and each urban area in accordance with the development requirements of each ten-year phase, twenty to twenty-five years, and the trend of fifty-year development.
4. Forecast land use for the entire city according to the development requirements of each phase.
5. Orientation for urban spatial development, including:
a) Determining the development model and spatial structure of the entire city:
- Orientation for the development of the urban system within the city: determine the scale, function, and scope of the central urban area; location, scale, nature, function, scope, and development principles of other urban areas;
- Orientation for other functional zones for the entire city (industrial, agricultural, forestry, tourism, ecological conservation, etc.): determine the nature, scope, scale, and development principles;
- Orientation for rural residential area development: determine the location of the commune center, commune center; concentrated rural residential points and development models;
- Orientation for spatial axes and urban development corridors: determine the nature and development principles.
b) Orientation for spatial development in the central urban area, including:
- Direction for urban expansion;
- Determination of the scope and scale of functional zones; zones for functional conversion; restricted development zones, renovation and improvement zones, preservation and enhancement zones; new development zones; no-construction zones; development reserve zones; - Determination of population density indicators, urban land use planning indicators, and development principles for functional zones;
- Determination of administrative centers, commercial and service centers, public centers, sports and recreation centers; green parks and open spaces of the city; specialized centers at the city level;
- Determination of areas planned for underground construction;
- Determination of architectural and landscape zones, central areas, gateway areas of the city, main spatial axes, large squares, green spaces, water bodies, focal points in the city, and proposals for spatial organization and architectural principles for these areas.
6. Orientation for urban technical infrastructure development:
a) Orientation for the development of technical infrastructure throughout the city, including:
- Comprehensive assessment and selection of urban development land: assessment of topography, geological hazards, determination of no-build and restricted build zones; determination of drainage basins, sub-basins, and main drainage directions; location and scale of drainage works; determination of construction levels for cities and other functional zones in the city;
- Determination of external transportation networks including roads, railways, inland waterways, and airports; location and scale of airports, seaports, river ports, railway stations; road and urban rail transit lines (above ground, surface, and underground); determination of the location and scale of external bus terminals;
- Determination of water supply, energy demand and sources; total wastewater and solid waste; location and scale of key facilities and transmission/distribution networks for water supply, energy, lighting, telecommunications, drainage systems; location and scale of solid waste treatment facilities, cemeteries, and other facilities for cities and other functional zones in the city.
) Orientation for the development of technical infrastructure for
ầuthe central urban area, including: area - Sub-basin drainage, determination of stormwater drainage networks, and construction levels for each area;
- Determination of primary urban transportation networks, urban rail transit lines (above ground, surface, and underground); organization of public transportation systems and
parking lots (above ground, surface, and underground); determination of red-line boundaries for major urban axes and technical moats; - Determination of locations and scales of key facilities and primary distribution networks for water supply, energy supply, lighting, telecommunications, and drainage systems.
7. Strategic environmental assessment:
a) Current status assessment:
- Urban natural environment regarding meteorological and hydrological conditions, ecosystems, geology, soil erosion; resource exploitation and utilization, climate change;
- Water quality, air quality, solid waste, wastewater, noise pollution;
- Population, social, cultural, and heritage issues.
b) Analysis and prediction of positive and negative impacts on economic and social development and the urban environment; propose an environmental protection criteria system to develop optimal spatial development and technical infrastructure solutions.
b) Analyze and forecast positive and negative impacts affecting economic and social development and the urban environment; propose environmental protection criteria to develop optimal spatial orientation and technical infrastructure solutions.
c) Propose comprehensive solutions to prevent, reduce, mitigate impacts and risks on residents; natural ecosystems; water, air, and noise when implementing urban planning.
d) Establish programs and plans for technical, management, and environmental monitoring.
8. Propose priority investment programs for development and resources for implementation.
9. A map indicating the spatial and technical infrastructure development orientation for the entire city across different phases at a scale of 1/25,000 or 1/50,000; a map indicating the spatial and technical infrastructure development orientation for the central urban area across different phases at a scale of 1/10,000 or 1/25,000.
Article 16. Content of the General Urban Planning Scheme for cities under provinces and towns
1. Analyze and assess natural conditions and current socio-economic status; population, labor force; land use; current status of technical infrastructure, social infrastructure, and environment in the city.
2. Determine the nature, objectives, driving forces for development, population size, labor force, construction land size for the city, land use indicators, social infrastructure, and technical infrastructure suitable for the development requirements of each ten-year, twenty to twenty-five-year phase.
3. Forecast urban land use according to the development requirements of each phase.
4. Spatial development orientation for the city, including:
a) Urban development model and direction;
b) Define the scope and scale of urban functional zones: restricted development areas, renovation areas, conservation areas, areas requiring transformation of functions; new development areas; prohibited construction areas, development reserve areas; underground construction areas from third-tier cities and above; c) Determine population density indicators, urban land use planning indicators, development orientations, and principles for each functional zone;
d) Administrative center system, commercial and service centers, public centers, sports and recreation facilities, parks, green spaces, and open spaces; specialized centers at the urban level;
đ) Development orientation for rural residential areas;
e) Define architectural and landscape zones, main spatial axes, squares, city gates, and focal points; propose spatial organization and architectural arrangements for these areas.
5. Technical infrastructure development orientation for the city, including:
a) Comprehensive assessment and selection of urban development land: assessment of topography, geological hazards, determination of no-build and restricted-build zones; determination of drainage basins and sub-basins; drainage directions, locations, and scales of drainage works; determination of construction elevations for the city and each area;
b) Determine transportation network, urban traffic, locations, and scales of key transportation works such as airports, seaports, river ports, railway stations, international bus terminals; organize public transport systems and parking lots; determine red-line boundaries for major urban axes and technical moats and trenches;
c) Determine water and energy needs and supply; total wastewater and solid waste; locations, scales of key works and main transmission and distribution networks for urban water supply, energy, lighting, telecommunications, drainage, and wastewater treatment systems; locations, scales of solid waste treatment areas, cemeteries, and other works.
6. Strategic environmental assessment: as stipulated in Clause 7, Article 15 of this Decree.
7. Propose priority investment projects for development and resources for implementation.
8. Spatial and technical infrastructure development orientation for the city across different phases, depicted on maps at a scale of 1/10,000 or 1/25,000.
8. Spatial development orientation and technical infrastructure of the urban area according to phases, shown on a map at a scale of 1/10,000 or 1/25,000.
Article 17. Content of the General Planning Scheme for Towns and Type V Cities that have not yet been recognized as towns
1. Analyze and assess natural conditions and current socio-economic status; population, labor force; land use; current status of technical infrastructure, social infrastructure, and environment in the city.
2. Determine development goals and driving forces; nature, population size, labor force, urban construction land scale; social infrastructure and technical infrastructure indicators according to each development stage.
3. Forecast urban land use according to each planning phase.
4. Spatial development orientation for the city, including:
a) Urban development direction;
b) Determine the scope and scale of urban functional zones: renovation areas, conservation areas, new development areas, prohibited construction areas, and development reserve areas;
c) Determine population density indicators, urban land use planning indicators, and development orientations for each functional zone;
d) Determine administrative centers, commercial and service centers, public centers, green parks, and open spaces in the city;
đ) Orientation for organizing space, architecture, and landscape for urban functional zones and main spatial axes.
a) Comprehensive assessment and selection of urban development land: assessment of topography, geological hazards, determination of no-build and restricted-build zones; determination of drainage basins and sub-basins; drainage directions, locations, and scales of drainage works; determination of construction elevations for the city and each area;
a) Comprehensive assessment and selection of urban development land; determine the construction base level for the entire city and each area;
b) Determine the external transportation network, urban transportation network, location and scale of key transportation works; determine the red line boundaries of main urban axes and the technical tunnel system;
c) Determine water and energy needs and supply sources; total wastewater and solid waste volumes; locations, scales, and capacities of key works and transmission/distribution networks for water supply, energy, lighting, telecommunications, drainage systems; locations and scales of solid waste treatment facilities, cemeteries, and other works.
6. Strategic environmental assessment: as stipulated in Clause 7, Article 15 of this Decree.
7. Propose priority investment projects and resources for implementation.
8. Orientation for urban spatial development and technical infrastructure according to each phase, presented on a map at a scale of 1/5,000 or 1/10,000.
Article 18. Content of the General Planning Scheme for New Urban Areas
The content of the General Planning Scheme for New Urban Areas shall be implemented in accordance with Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of Article 16 of this Decree, including analysis and clarification of the basis for the formation and development of the urban area; research on spatial development models and structures; architectural and landscape environment orientation suitable for the nature and function of the urban area; determination of development phases, implementation plans, key projects forming the development momentum of new urban areas, and urban development management models.
Article 19. Content of the Zoning Planning Scheme
1. Analyze and assess natural conditions, current construction land status, population, society, architectural landscape, technical infrastructure; relevant provisions of the general planning related to the planning area.
2. Determine urban land use planning indicators, social infrastructure, and technical infrastructure for the entire planning area.
3. Overall land use planning:
a) Determine functional zones within the planning area;
b) Determine urban land use planning indicators regarding building density, land use coefficient, building height for each block; setback distances from buildings to main roads; locations and scales of underground works (if any).
4. Determine principles and requirements for organizing space, architecture, and landscape for each functional zone, main roads, open spaces, focal points, central areas, and conservation areas (if any).
5. Technical Infrastructure System Planning:
The urban technical infrastructure system is arranged to the regional road network, including the following contents:
a) Determine the construction base level for each block;
b) Determine the transportation network, cross-sections, red line boundaries, and construction boundaries; determine and specify the general planning regarding the location and scale of parking lots (above ground, surface, and underground); subway lines and stations; moats and technical tunnels;
c) Determine water demand and supply sources; locations and scales of water plant and pumping station works; water pipe network and detailed technical parameters;
d) Determine energy usage needs and supply sources; locations and scales of distribution substations; medium voltage power line networks and urban lighting systems;
đ) Determine communication network needs;
e) Determine total wastewater and solid waste volumes; drainage networks; locations and scales of wastewater treatment and solid waste disposal works.
6. Forecast priority investment projects.
a) Current status assessment:
a) Assess current environmental conditions regarding topography; natural conditions; solid waste, wastewater, noise (if any); social, cultural, and natural landscape issues;
b) Analyze and forecast positive and negative impacts on the environment; propose a set of environmental protection criteria to develop optimal spatial and technical infrastructure planning solutions for the planning area;
c) Propose measures to reduce and mitigate impacts on residents, natural landscapes; air and noise when implementing urban planning;
d) Develop an environmental monitoring plan regarding technical management and environmental monitoring.
8. Overall land use planning and technical infrastructure system are presented on a map at a scale of 1/2,000 or 1/5,000.
Article 20. Content of Detailed Planning Scheme
1. Analysis and evaluation of natural conditions, current status of construction land, population, society, architecture, landscape, technical infrastructure; relevant provisions of general planning and zoning planning related to the planned area.
2. Determine urban land use planning indicators, social infrastructure, and technical infrastructure for the entire planning area.
3. Master plan for land use: determine functions, urban land use standards regarding building density, land use coefficient, height of buildings, setback distances from each plot and street axis; location and scale of underground facilities (if any).
4. Determine building height, floor level, and ceiling height of the first floor; architectural form, fence, color, and main materials of buildings and other architectural objects for each plot; organization of public green spaces, gardens, street trees, and water surfaces within the planned area.
5. Technical Infrastructure System Planning:
Urban technical infrastructure system is arranged up to internal road network, including the following contents:
a) Determine the construction level for each plot;
b) Determine the traffic network (including pedestrian paths if any), cross-sections, red-line boundaries, and construction boundaries; determine and specify the general planning and zoning planning on the location and scale of parking lots (above ground, surface, and underground);
c) Determine water demand and supply sources; locations and scales of water plant and pumping station works; water pipe network and detailed technical parameters;
d) Determine the demand for and supply of energy; location and scale of distribution substations; medium-voltage, low-voltage power grid, and urban lighting network;
đ) Determine communication network needs;
e) Determine the amount of wastewater and waste; drainage network; location and scale of sewage treatment facilities and waste disposal facilities.
6. Strategic environmental assessment:
a) Evaluate the current environmental status concerning topography; social, cultural, and natural landscape issues;
b) Analyze and forecast positive and negative impacts on the environment; propose a set of criteria for environmental protection to develop optimal spatial, architectural, and technical infrastructure planning solutions for the planned area;
c) Propose specific measures to minimize and mitigate impacts on the urban environment when implementing the planning.
d) Develop an environmental monitoring plan regarding technical management and environmental monitoring.
7. Land use master plan map and technical infrastructure system map at a scale of 1/500.
Section 2
CONTENT OF SPECIALIZED TECHNICAL INFRASTRUCTURE PLANNING SCHEME
Article 21. Principles for Preparing Specialized Technical Infrastructure Planning Schemes
1. Specialized technical infrastructure planning schemes are prepared for centrally-administered cities to concretize the content of urban technical infrastructure orientation in the city's general planning scheme to ensure sufficient basis for investment projects to build urban technical infrastructure systems.
2. Specialized technical infrastructure planning schemes are prepared for each type of technical infrastructure throughout the entire urban area.
3. The content of specialized technical infrastructure planning schemes must be consistent with the approved general planning scheme of centrally-administered cities.
Article 22. Content of Urban Transportation Planning Scheme
1. Evaluation of the current construction and development of urban transportation infrastructure (external transportation and urban transportation); public passenger transport.
2. Forecast transportation demand and determine economic and technical indicators, land fund for transportation.
3. Determine the planning of the external transportation system of the city (road, railway; inland waterway and air transportation) including: specific routes; locations and scales of key facilities: airports, seaports, river ports, traffic junctions, external parking lots. 4. Determine the planning of the urban transportation system including: classification and organization of urban road networks, determination of specific urban rail transit routes (at ground level, elevated, underground), locations and scales of facilities: stations, parking lots, traffic hubs; determination of red-line boundaries, construction boundaries of major urban streets.
5. Determine the planning of public passenger transport.
6. Determine investment programs and projects; preliminary total investment amount, sources, and implementation plans.
7. Strategic environmental assessment.
8. Current and planning maps of the transportation system at a scale of 1/10,000 - 1/25,000.
8. Current and planning maps for the transportation system at a scale of 1/10,000 to 1/25,000.
Article 23. Content of the Master Plan for Urban Ground Level and Surface Water Drainage
1. Evaluation of current topography, construction geology conditions, hydrogeology, areas with environmental hazards (subsidence, collapse, geological erosion, landslides...).
2. Comprehensive evaluation of urban construction land for each urban area including: identification of favorable, unfavorable, restricted, and prohibited construction zones.
3. Comprehensive assessment of urban drainage and flooding situations: frequency, area extent, depth, current drainage system status, location, scale of pumping stations.
4. Determination of basic criteria and parameters, drainage catchment areas; surface water drainage network and receiving sources; locations, scales of main drainage structures; disaster prevention measures.
5. Determination of controlled building elevations for specific construction areas and major city streets.
6. Preliminary determination of earthwork volumes for various areas.
7. Identification of priority investment programs and projects, preliminary total investment amount, anticipated resources for implementation.
8. Strategic environmental assessment.
9. Current and planned master plan maps for urban ground level and surface water drainage at scales of 1/10,000 to 1/25,000.
Article 24. Content of the Master Plan for Urban Power Supply
1. Evaluation of current power supply and consumption; current status of power sources, power grid (transmission and distribution lines), locations, scales of transformer substations.
2. Determination of power supply standards and electricity demand (including urban lighting).
3. Determination of transmission and distribution networks (110 KV, 35 KV, 22 KV); locations, scales of transformer substations.Determine priority investment programs and projects, preliminary total investment amount, anticipated resources for implementation.
4. 5. Strategic environmental assessment.
6. Current and planned master plan maps for urban power supply at scales of 1/10,000 to 1/25,000.
Article 25. Content of the Master Plan for Urban Lighting
1. Evaluation of the current urban lighting system including: power supply sources, power grid, light sources, electricity consumption situation; organization and forms of lighting at transportation facilities, public spaces, exterior building lighting, advertising lighting, festival areas.
2. Determination of lighting standards for illuminated objects; forecast of electricity demand for lighting. 3. Proposals for lighting solutions for transportation facilities, public spaces, exterior building lighting, advertising lighting, festival areas, and solutions regarding power supply, power grid, light sources, and lighting equipment.
6. Current and planned master plan maps for urban lighting systems at scales of 1/10,000 to 1/25,000.
Article 26. Content of the Master Plan for Urban Water Supply
4. 5. Strategic environmental assessment.
6. Current and planned master plan maps for urban power supply at scales of 1/10,000 to 1/25,000.
1. Evaluation of the current water supply system: water source exploitation capacity, extraction efficiency, water quality, pressure, connection rate, loss rate, and operational status of water supply facilities and pipeline networks.
2. Specific evaluation of surface water and groundwater reserves, quality, and exploitation potential for water supply.
3. Determination of water supply standards for different uses and water demand.
4. Selection of specific water sources, determination of requirements; zoning of water supply and determination of land use requirements for water supply facilities.
5. Determination of water supply pipeline networks (primary network, secondary network). Locations, capacities of water supply facilities.
6. Identification of priority investment programs and projects, preliminary total investment amount, anticipated resources for implementation.
7. Proposals for water source protection regulations and water supply system protection.
8. Strategic environmental assessment.
9. Current and planned master plan maps for urban water supply at scales of 1/10,000 to 1/25,000.
8. Environmental impact assessmentstrategy.
9. Current and planning maps for the water supply system at a scale of 1/10,000 to 1/25,000.
Article 27. Contents of the urban wastewater drainage planning project1. Evaluation of the current status of wastewater drainage networks, treatment plants, system discharge capacity; pollution situation and water environment trends.
2. Determine basic criteria and parameters of the domestic and industrial wastewater systems; total volume of wastewater; receiving sources and their capacity to accept wastewater.
3. Select wastewater collection and treatment systems.
4. Determine direction, location, size of primary and secondary drainage networks; discharge points, water level, maximum discharge flow rate, and wastewater quality requirements at discharge points.
5. Determine the location and scale of wastewater treatment plants.
6. Determine priority investment programs and projects; preliminary total investment amount, expected funding sources, and implementation plan.
8. Current and planned maps of the wastewater drainage system at a scale of 1/10,000 to 1/25,000.
8. Current and planning maps of the transportation system at a scale of 1/10,000 - 1/25,000.
Article 28. Contents of the solid waste management planning project
1. Evaluate the current status of solid waste emission sources, composition, characteristics, and determine the total volume of general and hazardous solid waste.
2. Evaluate the ability to sort at source and recycle/reuse solid waste.
3. Determine criteria, forecast sources, and predict total volume of solid waste.
4. Determine the location and scale of waste collection points, transfer stations, integrated facilities, and waste treatment sites.
5. Propose appropriate treatment technologies.
6. Develop priority investment programs and projects; preliminary total investment amount, expected funding sources, and implementation plan.
8. Current and planned maps of solid waste management at a scale of 1/10,000 to 1/25,000.
8. Current and planning maps of the transportation system at a scale of 1/10,000 - 1/25,000.
Article 29. Contents of the cemetery planning project
1. Evaluate the current status of cemeteries including distribution, scale, operational and usage conditions (new cemeteries, operating cemeteries, planned closures, relocations, renovations...), environmental impacts and effects.
2. Forecast burial needs for the entire city, land use requirements; select burial methods.
3. Determine the location and scale of cemeteries (first, second, and third-level cemeteries).
4. Conduct strategic environmental assessment.
5. Develop priority investment projects; preliminary total investment amount, expected funding sources, and implementation plan.
6. Current and planned maps of cemeteries at a scale of 1/10,000 to 1/25,000.
Article 30. Contents of the urban telecommunications planning project
1. Evaluate the current status of the telecommunications system; layout of overhead and underground cables.
2. Determine telecommunications needs.
3. Determine switching networks, telecommunication service networks, peripheral networks, and transmission systems.
4. Develop priority investment projects; preliminary total investment amount, expected funding sources, and implementation plan.
6. Current and planned maps of telecommunications at a scale of 1/10,000 to 1/25,000.
6. Current and planned master plan maps for urban power supply at scales of 1/10,000 to 1/25,000.
PROCEDURE FOR REVIEWING AND APPROVING URBAN PLANNING
Section 3
Article 31. Procedure and process for reviewing and approving urban planning tasks and projects
1. Authorities responsible for review and approval
a) The Ministry of Construction organizes reviews and submits to the Prime Minister for approval of urban planning tasks and projects within its responsibility to prepare, and those assigned by the Prime Minister;
b) Provincial People's Committees submit to the Ministry of Construction for review and then to the Prime Minister for approval of urban planning tasks and projects within the Prime Minister’s approval authority, except for those specified in point a of this clause;c) Authorities organizing urban planning as stipulated in Clauses 3, 4, 5, and 6
b) The People's Committee of the province shall submit to the Ministry of Construction for review and submit to the Prime Minister for approval the tasks and urban planning projects within the Prime Minister’s approval authority, except for the urban planning project specified in point a of this clause;
c) The agency organizing the urban planning project as stipulated in Clauses 3, 4, 5, and 6 Article 19 of the Urban Planning Law shall submit the urban planning tasks and plans within the approval authority of the provincial People's Committee to the competent urban planning management agency at the provincial level for examination and then submit them to the provincial People's Committee for approval;
d) The provincial-level urban planning management agency shall examine and submit to the provincial People's Committee for approval the urban planning tasks and plans that fall under the responsibility of the provincial People's Committee to organize and those urban planning plans organized by the project investors for construction investment projects;
đ) The urban planning management agency at the district level shall examine and submit to the district People's Committee for approval the urban planning tasks and plans that fall under the responsibility of the district People's Committee to organize and those urban planning plans organized by the project investors for construction investment projects;
e) The project investor for construction investment projects shall submit the urban planning plans within the approval authority of the provincial People's Committee to the provincial-level urban planning management agency for examination; submit the urban planning plans within the approval authority of the district People's Committee to the district-level urban planning management agency for examination;
2. The urban planning examination agency shall be responsible for basing its opinions on the comments from relevant agencies, the Examination Board, the content of the planning tasks and plans, and issue a document to the submitting agency to complete the planning tasks and plans. After receiving the completed planning tasks and plans, the examination agency shall report the examination content to the competent authority for approval to consider and decide;
3. For general urban planning schemes of type IV and above, the provincial People's Committee shall be responsible for obtaining the unified opinion of the Ministry of Construction in writing before approving;
4. For urban planning schemes within the approval authority of the district People's Committee, the district People's Committee shall be responsible for obtaining the unified opinion of the provincial urban planning management agency in writing before approving;
Article 32. Time for examining and approving urban planning tasks and plans
1. Time for examining and approving general urban planning:
a) For centrally-administered cities, the examination time for tasks shall not exceed 25 days, the approval time for tasks shall not exceed 15 days; the examination time for plans shall not exceed 30 days, the approval time for plans shall not exceed 25 days from the date of receipt of complete valid files as prescribed;
b) For cities under provinces, towns, new urban areas, the examination time for tasks shall not exceed 20 days, the approval time for tasks shall not exceed 15 days; the examination time for plans shall not exceed 25 days, the approval time for plans shall not exceed 15 days from the date of receipt of complete valid files as prescribed;
c) For towns, the examination time for tasks shall not exceed 20 days, the approval time for tasks shall not exceed 15 days; the examination time for plans shall not exceed 25 days, the approval time for plans shall not exceed 15 days from the date of receipt of complete valid files as prescribed;
2. Time for examining and approving sectoral planning, detailed planning: the examination time for tasks shall not exceed 20 days, the approval time for tasks shall not exceed 15 days; the examination time for plans shall not exceed 25 days, the approval time for plans shall not exceed 15 days from the date of receipt of complete valid files as prescribed;
3. Time for examining and approving specialized infrastructure technical planning: the examination time for plans shall not exceed 20 days, the approval time for plans shall not exceed 15 days from the date of receipt of complete valid files as prescribed.
Article 33. Documents for review and approval of urban planning tasks and projects
1. The documents for review and approval of urban planning tasks include: the proposal for review and approval; explanation of the content of the task; draft decision on approving the task; small-scale colored drawings; related legal documents.
2. The documents for review and approval of urban planning projects include: the proposal for review and approval of the project; explanation of the content of the project including small-scale colored drawings; draft regulations for management according to the urban planning project; draft decision on approving the project; attached calculation appendices; colored drawings at the prescribed scale; related legal documents.
Article 34. Content of Approval of Urban Planning Tasks and Projects
1. The competent authority responsible for approval shall approve urban planning tasks and projects in writing, including the following contents:
a) For overall planning:
- The content of the decision approving the task of overall planning includes: scope and boundaries of the overall planning; nature of the city; some basic expected indicators regarding population, land, and technical infrastructure; main research requirements regarding the direction of urban development, spatial organization structure, key facilities and main solutions for organizing the technical infrastructure system; list of project documents;
- The content of the decision approving the overall planning project includes: scope and boundaries of the overall planning; nature and function of the city; population and land size of the city according to development stages; main economic-technical indicators and direction of urban development; orientation of urban spatial organization, expected administrative boundaries of inner city, outer city, inner town, and outer town; land use structure according to functions; location, size of major functional zones; supply sources, location, size, capacity of key facilities and main networks of urban technical infrastructure (including underground works if any); regulations on space, architecture, and urban landscape; issues related to national defense, security, and environmental protection measures; priority investment programs and resources for implementation; organizational implementation issues.
b) For district planning:
- The content of the decision approving the task of district planning includes: boundary, area, nature of the district planning area; some basic expected land use indicators regarding population, land use, social infrastructure, and technical infrastructure; requirements and principles for spatial organization, architecture, and technical infrastructure connectivity; list of project documents;
- The content of the decision approving the district planning project includes: boundary, area, nature of the district planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; land use structure; urban land use indicators, spatial organization, architectural, and urban design solutions for each block; supply sources and network organization solutions for technical infrastructure along streets; resettlement organization solutions (if any); environmental protection solutions; priority investment items and resources for implementation; organizational implementation issues.
c) For detailed planning:
- The content of the decision approving the detailed planning task includes: boundary, area of the detailed planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; requirements and principles for space, architecture, landscape, technical infrastructure connectivity, and other research requirements; list of construction projects needed to be invested and constructed within the planning area; list of project documents;
- The content of the decision approving the detailed planning project includes: boundary, area, nature of the detailed planning area; basic indicators regarding population, land, social infrastructure, and technical infrastructure; land use structure; urban land use indicators, spatial organization, architectural, and urban design solutions for each plot; supply sources and network organization solutions for technical infrastructure to each plot; resettlement organization solutions (if any); environmental protection solutions; priority investment items and resources for implementation; organizational implementation issues; list of construction projects within the planning area.
d) For specialized technical infrastructure planning:
The content of the decision approving the specialized technical infrastructure planning project includes: boundary, economic-technical indicators, supply sources, location, size, capacity of key technical facilities, network organization solutions for technical infrastructure, investment programs and projects, capital and implementation plans.
2. Drawings and Management Regulations according to the urban planning project accompanying the decision approving the urban planning project must be stamped with confirmation by the urban planning review agency.
Chapter IV
URBAN PLANNING LICENSE
Article 35. General provisions on planning permits
1. Planning permits shall be issued to investors who have the necessary capacity conditions to implement investment construction projects.
2. A planning permit serves as the legal basis for investors to organize urban planning, establish investment construction projects, and implement investment construction.
3. A planning permit is the regulation that investors must comply with during the organization of urban planning, establishment of investment construction projects, and implementation of projects, as stipulated by competent authorities.
4. The validity period of a planning permit for concentrated construction projects shall not exceed 24 months from the date of issuance of the planning permit to the approval of detailed planning.
The validity period of a planning permit for individual construction projects shall not exceed 12 months from the date of issuance of the planning permit to the approval of the investment project.
Article 36. Cases for Issuing Planning Permits
1. Investment construction projects in urban areas where there is no district planning or detailed planning.
2. Investment construction projects in urban areas where there is district planning but not enough grounds to establish detailed planning.
3. Individual construction projects in urban areas where there is no detailed planning or urban design, except for residential buildings.
4. Concentrated or individual construction projects in areas with approved detailed planning, but requiring adjustments to boundaries or certain urban land use indicators for a plot of land.
Article 37. Procedures for Issuing Planning Permits
1. Based on planning information, investors prepare application files for planning permits for concentrated construction projects as prescribed in Article 36 of this Decree and submit them to the competent authority issuing planning permits.2. Based on urban development management requirements, urban planning management regulations, urban planning and architecture management regulations, and investor proposals, urban planning management authorities at all levels are responsible for reviewing the files, organizing opinions from relevant agencies, and reporting to the competent authority issuing planning permits regarding the contents of the planning permit. The time for reviewing the file and soliciting opinions shall not exceed 30 days from the date of receiving complete valid files. 3. The competent authority shall review and issue the planning permit within 15 days from the date of receipt of the planning permit issuance review file from urban planning management authorities at all levels.
4. For projects specified in Clause 3 and 4 of Article 36 of this Decree, during the process of reviewing the planning permit issuance file, urban planning management authorities at all levels must organize community representatives' opinions on the permit contents. Community representatives are responsible for consolidating community opinions according to the law on grassroots democracy implementation.
Article 38. Application Files for Planning Permit
Application files for planning permits include:
1. Request for planning permit;
2. Location diagram for the requested planning permit;
3. Proposed scope, boundary of the land, and urban land use indicators;
4. Proposed investment content, scale of the project, and total investment amount;
5. Report on legal entity status and financial capacity to implement the project.
4. Proposed investment content, project scale, and total investment amount;
5. Report on the legal entity and financial capacity to implement the project.
Article 39. Content of the Planning Permit
1. The content of the planning permit for concentrated investment and construction projects as stipulated in Clauses 1 and 2 of Article 36 of this Decree includes:
a) Project sponsor;
b) Scope, boundaries, land area, population of the urban planning zone;
c) Land use indicators for housing and commercial services; social infrastructure works, green spaces, traffic; urban planning land use indicators for the entire planning zone; requirements for architectural space organization, landscape, environment; requirements for technical infrastructure indicators and facilities for the basis of the investor to prepare tasks and detailed planning designs;
d) Validity period of the planning permit.
2. The content of the planning permit for individual construction projects as stipulated in Clauses 3 and 4 of Article 36 of this Decree includes:
a) Project sponsor;
b) Scope, boundaries, land area of the urban planning zone;
c) Urban planning land use indicators for building height, land use coefficient, building density for the plot; requirements for architectural design, environment; technical infrastructure indicators and other requirements for the basis of the investor to prepare the construction project investment plan;
d) Validity period of the planning permit.
Article 40. Authority to Issue Planning Permits
1. The People's Committee of centrally-administered cities shall issue planning permits for the following cases:
a) Investment and construction projects as stipulated in Clause 1 of Article 36 of this Decree with a scale of over 50 hectares within the entire city and investment and construction projects of significant political, socio-economic, cultural, and historical importance to the city;
b) Investment and construction projects as stipulated in Clauses 3 and 4 of Article 36 of this Decree in inner-city districts.
2. The People's Committee of provinces shall issue planning permits for the following cases:
a) Investment and construction projects as stipulated in Clause 1 of Article 36 with a scale of over 50 hectares within the entire province and investment and construction projects of significant political, socio-economic, cultural, and historical importance to the province;
b) Investment and construction projects as stipulated in Clauses 3 and 4 of Article 36 in provincial capitals.
3. The People's Committee of provincial cities, towns, districts, and counties shall issue planning permits for cases not covered by Clauses 1 and 2 of this Article within their administrative boundaries.
Article 41. Fee for Issuing Planning Permits
1. The fee for issuing planning permits is determined as a percentage of the estimated total investment amount of the investment and construction project.
2. The Ministry of Finance shall provide detailed regulations on the collection of fees for issuing planning permits..
Chapter V
URBAN CONSTRUCTION MANAGEMENT ACCORDING TO PLANNING
Section 1
URBAN DEVELOPMENT MANAGEMENT IN NEW URBAN AREAS
Article 42. Management of New Urban Development
1. The Prime Minister decides to establish a Management Board for inter-provincial new urban areas.
2. The People's Committee of provinces and centrally-administered cities decides to establish a Management Board for new urban areas under their jurisdiction.
3. The Ministry of Home Affairs, in coordination with the Ministry of Construction and the People's Committees of provinces and centrally-administered cities, shall specify the functions and responsibilities of the Management Board for new urban development.
Article 43. Responsibilities of the New Urban Development Management Board
Based on the approved general urban planning, the New Urban Development Management Board shall be responsible for:
1. Organizing the preparation of detailed area plans and detailed urban plans to submit to the competent authority for approval.
2. Preparing a comprehensive development plan for the new urban area concerning technical infrastructure, social infrastructure, commercial buildings, industrial facilities, and urban services.
3. Implementing investment projects according to the plan to ensure synchronization and suitability with the requirements of development at each stage of the new urban area.
4. Coordinating with ministries, sectors, and related localities, investors in land management and usage; managing construction investment and urban space, architecture, and landscape in accordance with urban planning; inspecting and supervising the implementation of urban planning.
Section 2
URBAN RENOVATION MANAGEMENT
Article 44. Principles of Urban Renovation
1. In cases where an entire area within an urban area is rebuilt, it must ensure rational and economical land use; synchronization of technical infrastructure systems; meeting the requirements of social infrastructure, public services, and environmental conditions within the area and its surroundings.
2. In cases where an area is renovated and upgraded to improve living conditions for residents, it must ensure reasonable connection of technical and social infrastructure, harmonious spatial and architectural arrangements within the renovation area and its surroundings.
3. In cases where technical infrastructure is upgraded and improved, it must ensure safety and not affect urban activities and the environment.
4. In cases where architectural arrangements are refurbished, it must enhance the quality of spatial and landscape conditions in the area and the city.
Article 45. Responsibilities for Urban Renovation Management
The People's Committees of centrally-administered cities, provincial cities, towns, and townships shall be responsible for:
1. Conducting surveys and assessments of the current status of technical infrastructure, social infrastructure, housing, and public facilities to determine areas requiring renovation within the urban area.
2. Soliciting opinions from community residents and relevant agencies regarding the content and renovation plans for the urban area.
3. Compiling lists of urban renovation projects and incorporating them into the economic and social development programs of the urban area for five-year and annual periods, serving as the basis for allocating funds and organizing the implementation of construction investments according to the planning.
4. Publicizing the annual renovation program to enable relevant organizations and individuals to implement and supervise its execution.
Article 46. Contents of the Urban Renovation Plan
The urban renovation plan includes the following main contents:
1. Scope, boundaries of the area and project for urban renovation;
2. Plan for preparing detailed urban planning or urban design;
3. Resettlement and relocation plan;
4. Estimated funding sources and implementation schedule.
5. Implementation Organization.
Article 47. Prioritized Cases for Inclusion in the Renovation Plan
1. Areas with structures in poor condition that pose a danger to the safety of the community.
2. Areas with unsatisfactory living conditions and environments that endanger public health and social order.
3. Central areas, main spatial axes, and entrances of the city that require refurbishment.
4. Technical and social infrastructure that does not meet the development requirements of the area and the city.
Chapter VI
ORGANIZATION AND IMPLEMENTATION
Article 48. Implementation organization
1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of the People's Committees of centrally-administered provinces and cities, heads of political organizations, political-social organizations, and occupational-political-social organizations, and other related organizations and individuals shall be responsible for implementing this Decree.
2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Construction to provide guidance on provisional payment, settlement, and final accounting for urban planning preparation and implementation work; fee collection rates, management, and use of fees for urban planning permit issuance.
3. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Construction to specify the functions and tasks of the New Urban Development Management Board.
4. Urban construction plans that have been reviewed and submitted for approval before the effective date of this Decree need not be resubmitted for review. Implementation, development management, and adjustment of the plans shall be carried out in accordance with the provisions of this Decree.
5. The Ministry of Construction shall announce standard rates and unit prices for urban planning preparation and implementation work; provide model certificates for architects and urban planners; other related contents and guidance on transitional implementation.
Article 49. Effective Date
This Decree takes effect from May 25, 2010, and replaces the regulations on urban construction planning in urban areas and within urban areas stipulated in Government Decree No. 08/2005/NĐ-CP dated January 24, 2005./.