Decree No. 91-CP Issuing the Urban Planning Management Charter

DECREE

OF THE GOVERNMENT DECREE NO. 91-CP AUGUST 17, 1994 ISSUING THE REGULATIONS ON URBAN PLANNING MANAGEMENT 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the proposal of the Ministry of Construction;

DECREE:

Article 1. The Urban Planning Management Regulations are hereby promulgated together with this Decree.

Article 2. This Decree takes effect from the date of signature. Previous regulations on urban planning management that conflict with this Decree are abolished.

Article 3. Ministers of ministries, heads of ministerial-level agencies and agencies under the Government, Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

REGULATIONS ON URBAN PLANNING MANAGEMENT
(Issued together with Government Decree No. 91-CP dated August 17, 1994)

Chapter 1:

GENERAL PROVISIONS

Article 1. An urban area includes cities, towns, and townships.

These Regulations stipulate the state management of urban construction; protection of landscape and living environment; utilization and exploitation of urban technical infrastructure.

Article 2. Urban areas must be constructed and developed according to plans and legal provisions for the purpose of serving political, economic, cultural, social, and national defense objectives.

Article 3. The Government exercises state management authority over urban planning throughout the country.

People's Committees at all levels exercise state management authority over urban planning in their respective localities.

Central and local urban planning management agencies are responsible to the Government and People's Committees at all levels for urban planning management.

Article 4. State management of urban planning includes the following contents:

1. Issuing regulations on urban planning management;

2. Preparing and approving urban construction planning projects;

3. Managing the renovation and construction of urban facilities according to approved plans;

4. Protecting urban landscape and living environment;

5. Managing the utilization and exploitation of urban technical infrastructure;

6. Resolving disputes, inspecting, and handling violations of urban management regulations.

Chapter 2:

PREPARATION AND APPROVAL OF URBAN CONSTRUCTION PLANS

Article 5. Renovation and construction of urban areas must be based on urban construction plans approved by competent state authorities.

Urban construction plans include general plans for the entire urban land area and detailed plans for specific parts within the urban land area.

The scope of land for urban construction planning must be decided by the competent state authority that approves the urban plan.

Article 6. Urban construction planning projects must be prepared by specialized organizations recognized by the state and must comply with national standards, regulations, and technical procedures or be permitted by the state to use them.

Approved urban construction planning projects serve as a legal basis for urban management, investment construction activities, annual, short-term, and long-term urban renovation and construction plans of various sectors and localities.

, Clause 1, Clause 2 Article 7a of this Regulation..

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

2. During implementation, urban construction planning projects need to be reviewed and adjusted to suit the actual development of the urban area:

a) Reviews and adjustments of general planning projects are conducted every five years, and may be earlier if necessary;

b) Local adjustments and supplements to general planning projects or detailed planning projects are made when necessary;

c) Any adjustment to urban construction planning projects must be approved by the competent state authority that approved the project.

Article 8. General urban construction planning projects determine the direction of urban spatial development, infrastructure construction, creation of suitable living environments, taking into account the balance and harmony between urban expansion and agricultural and forestry production, ensuring national defense and other economic activities, preservation of historical sites, natural landscapes, and considering the consequences of natural disasters and potential technological accidents.

General urban construction planning projects are prepared on topographic maps with scales of 1/2000 to 1/25,000 depending on the type of urban area and are expressed through development orientation diagrams (15-20 years) and initial construction plans (5-10 years).

General urban construction planning projects must have the opinions of the People's Councils of cities, towns, and townships and relevant departments before being submitted to the competent state authority for approval.

Article 9. Detailed urban construction planning projects are prepared based on topographic and cadastral maps with scales of 1/500 to 1/2000, aiming to concretize and follow the provisions of general planning projects, and are prepared synchronously for urban areas requiring renovation and construction in the near term to serve as a basis for constructing ground-level and underground facilities such as residential buildings, production and service facilities, parks, green spaces, technical infrastructure facilities, and regulations on preserving and enhancing architectural works of value and natural landscapes, ensuring fire safety, and protecting the urban environment.

Approved detailed urban construction planning projects serve as a basis for investment project preparation, site selection and issuance of planning certificates, land allocation decisions, and construction permits.

Article 10. The authority to prepare and approve urban planning projects is as follows:

1. The Prime Minister approves general urban planning projects for Class I and Class II cities and other urban construction planning projects when deemed necessary.

Provincial People's Committees and municipal people's committees directly under the central government submit for approval urban construction planning projects within their jurisdiction that require approval by the Prime Minister.

The Ministry of Construction organizes the preparation of general urban planning projects for Class I and Class II cities and reviews urban construction planning projects within the Prime Minister's approval jurisdiction.

2. Provincial People's Committees and municipal people's committees directly under the central government approve remaining urban construction planning projects within their jurisdictions.

Municipal People's Committees of cities under provinces, towns, and counties submit for approval general and detailed urban planning projects within the jurisdiction of provincial People's Committees.

Chief Architects or Departments of Construction (for cities without Chief Architects) organize the preparation and review of the above-mentioned urban construction planning projects to report to provincial People's Committees.

Chief Architects of cities directly under the central government organize the preparation, review, and submission for approval of urban construction planning projects within the jurisdiction of municipal People's Committees directly under the central government.

The examination and approval of master plans for Class III and Class IV cities, detailed plans for central areas of Class I and Class II cities, and national highways passing through provincial capitals must be accompanied by the formal written opinion of the Ministry of Construction.

Article 11. The Ministry of Construction promulgates standards, regulations, procedures, and guidelines for the preparation, review, and approval of urban construction planning.

Chapter 3:

URBAN CONSTRUCTION MANAGEMENT

Article 12. Urban constructions include above-ground structures, underground or aerial structures, as well as sculptures, paintings, posters, and advertising signs, all of which must be designed and constructed according to the general plan, detailed plan, investment project, and approved by the competent state authority.

Article 13. Management of renovation and construction of urban constructions includes:

1. Selection of construction sites and issuance of planning certificates to guide urban land use;

2. Issuance of construction permits or decisions to halt construction and renovation of urban constructions;

3. Guidance on renovation and construction of urban constructions;

4. Registration and issuance of ownership certificates for constructions;

5. Investigation, statistics, and archiving of urban construction files.

Article 14. When initiating feasibility studies or design for construction projects within urban areas, investors must request the urban planning management agency to introduce construction sites.

Once the site has been determined, the Chief Architect or the Department of Construction (for cities without a Chief Architect) issues a planning certificate upon the investor's request. The basis for issuing the planning certificate includes:

1. General and detailed plans approved by the competent state authority;

2. Standards and regulations on urban construction, environmental hygiene, safety, fire prevention and extinguishing issued or permitted for use by the State.

Article 15. The planning certificate must clearly specify the following main requirements:

1. Requirements regarding hygiene, fire safety, environmental protection;

2. Requirements regarding land use planning, architectural and urban landscape such as: relationship between construction location and overall layout, plot boundaries within construction limits and red lines; land use purpose; building density; land use coefficient; maximum height of buildings and dimensions of parts allowed to protrude beyond road limits, shared walls, fences, and greenery;

3. Requirements regarding construction and operation of urban technical infrastructure such as transportation, leveling, stormwater drainage, sewage, water supply, electricity, and telecommunications.

Article 16. After the construction investment project is approved, the investor proceeds with procedures to receive land, land use right certificates, and construction permits at the competent state authority.

Article 17. Issuance of renovation and construction permits must be based on legal documents concerning land use rights and property ownership, minimum conditions for construction hygiene, architectural planning requirements for urban buildings, aesthetic appearance, urban landscape, and specific factors affecting convenience and inconvenience as stipulated in urban planning standards and regulations and urban construction regulations.

For large and important constructions, before issuing construction permits, relevant ministries must carefully examine structural stability and construction techniques, environmental and ecological impacts, national defense security, fire safety, and other issues; when necessary, they must be reviewed by the Provincial or Central City Planning and Architecture Council before being submitted to the competent state authority for approval.

Article 18. Cases exempted from permits:

1. Exemption from construction permit:

Repairs such as plastering, patching, whitewashing, replacing tiles, laying floors, changing doors (except in cases where doors open onto main streets), and interior renovations and installations that do not adversely affect the structural integrity of neighboring buildings or the architectural appearance of the street.

2. Exemption from demolition permit:

a) Existing constructions serving the purpose of constructing buildings already having construction permits;

b) Temporary constructions that have exceeded their usage period;

c) Constructions without construction permits or due to violations of construction regulations;

d) Constructions for implementing court decisions;

e) In emergency situations such as severely damaged constructions that may cause accidents or during natural disasters or fires.

Article 19. Application documents for repair and renovation permits:

1. Application for construction permit (signed by the owner of the construction); if the construction belongs to the state, it shall be signed by the organization authorized as the investor;

2. Documents proving ownership of the house and land use rights, including a map showing the location of the construction at a scale of 1/100 to 1/500;

3. Technical design documents prepared by organizations or individuals holding a professional license for design;

For large and important constructions, technical designs must be approved by the competent authority.

4. Photographs measuring 9x12 cm of the main facade of the construction and adjacent spaces before renovation.

Article 20. Application documents for new construction permits:

1. Application for construction permit (signed by the investor);

2. Documents proving land use rights (decisions on land allocation, lease, or land use right certificates);

3. Technical design documents for the construction prepared by organizations or individuals holding a professional license for design.

For large and important constructions, technical designs must be approved by the competent authority.

4. For constructions funded by foreign capital, a copy of the Investment License issued by the State Committee for Cooperation and Investment must be provided.

Article 21. Authority to issue repair, renovation, or new construction permits is as follows:

1. The Chief Architect or the Department of Construction (for cities without a Chief Architect) issues repair and construction permits for urban constructions upon delegation by the Chairman of the People's Committee of the province or centrally administered city.

2. Representatives of the Chief Architect of the city or the Department of Construction in districts, towns, and counties issue repair and construction permits for individual, semi-permanent constructions at the following locations:

a) On internal streets within blocks, alleys with road limits not exceeding 12 meters;

b) Within areas with detailed plans approved by the competent state authority.

Article 22. The time for reviewing and processing applications for permits to repair, renovate, and construct works shall be as follows:

1. Not exceeding thirty days for private houses and not exceeding forty-five days for other works from the date all necessary documents are received.

2. In cases where houses are at risk of collapse, the review and processing time shall not exceed ten days from the date all necessary documents are received.

If the above deadlines are exceeded without resolution, the agency receiving the application must inform the applicant of the reasons. If the refusal to issue a permit is deemed unjustified, the applicant has the right to appeal to the Chairman of the People's Committee of the province or centrally governed city. The decision of the Chairman of the People's Committee of the province or centrally governed city shall take effect.

Article 23. The project investor constructing a work shall be responsible for implementing the contents stipulated in the construction permit:

1. In case of a request to change the design, the investor must prepare an adjustment supplementary design dossier and apply for a new construction permit;

2. If the construction does not comply with the issued construction permit, the investor or contractor shall bear full responsibility and must comply with the requirements of the City Chief Architect or the Department of Construction (for cities without a City Chief Architect);

3. After twelve months from the issuance of the construction permit, if the investor has not commenced construction or has commenced but not continued construction, the construction permit will lose its validity. If there is still a need for construction, the investor must apply for an extension of the construction permit.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". When commencing construction, the investor must notify the People's Committee of the ward, commune, or town where the construction is located.

During the construction of large and important works, the contractor must have a fixed signboard at the construction site, clearly stating the name of the work, the name of the contractor, the construction permit number, the construction period, including a perspective drawing of the work.

Article 25. Construction, maintenance, and repair of works must not cause damage to related works on the ground, underground, and overhead directly, while ensuring traffic flow and safety on streets.

Article 26. Construction of underground works under main roads must be carried out synchronously and simultaneously. In cases where synchronous construction conditions are not met and partial construction must proceed, transitional measures must be taken and approved by the Chairman of the People's Committee of the province or centrally governed city.

Article 27.

1. After completion or renovation of the work, the investor must prepare a completion dossier in accordance with regulations and submit it to the following agencies:

a) The City Chief Architect or the Department of Construction for cities without a City Chief Architect;

b) The land management agency (if it is an architectural work) or the transportation and construction agency (if it is a technical infrastructure work) of the province or centrally governed city for storage.

2. To complete registration procedures and apply for ownership certificates of the work and land use rights at the competent state authority.

Chapter 4:

PROTECTION OF URBAN SCENERY AND LIVING ENVIRONMENT

Article 28. Urban scenery includes natural and man-made scenery.

The City Chief Architect or the Director of the Department of Construction (for cities without a City Chief Architect) is responsible for the renovation and construction of urban works concerning aesthetics, usage requirements, durability, and harmonization with natural scenery, preservation of scenic spots and historical relics.

Article 29. Organizations and individuals using architectural works must maintain and manage the architectural appearance of the works and plant greenery within the premises in accordance with approved urban planning, suitable for the approved urban planning.

People's Committees of cities must ensure that streets, squares, flower gardens, parks, bridges, tunnels are illuminated and named; architectural works must be registered with numbers as prescribed by the State.

Article 30.. The Ministry of Culture, Sports and Tourism is responsible for the restoration and use of historical and cultural heritage sites according to the Ordinance on the Protection and Use of Historical and Cultural Relics and Scenic Spots.

Article 31. The placement and installation of large outdoor information signs, advertisements, paintings, and sculptures by organizations or individuals affecting the urban architectural appearance and street aesthetics must have circulation permits from the Department of Culture and construction permits from the City Chief Architect or the Department of Construction (for cities without a City Chief Architect).

Article 32. Specialized green trees, public green trees, and green trees in the courtyards of works adjacent to main streets must be planted according to approved plans and guidance from authorized urban management agencies, ensuring usage requirements, urban aesthetics, climate improvement, environmental sanitation, and not damaging underground or overhead technical infrastructure works.

Cutting down urban green trees must be permitted by authorized urban management agencies, except in emergency situations due to natural disasters or enemy threats.

Article 33. It is strictly prohibited to dig, level the ground, mine minerals, or alter the landscape and scenery in areas protecting natural scenery, scenic spots, water reservoirs, and open water bodies in cities that have been classified, except in special cases approved by authorized state agencies.

Article 34. The preparation and approval of urban construction master plans and investment projects for urban works must consider the rationality of the construction location and its impact on the urban environment.

Depending on the degree of pollution and the scale of the works, planning schemes, and investment projects must obtain the consent of the authorized state environmental management agency before approval.

Article 35.

1. Organizations and individuals managing and using works emitting harmful waste polluting the urban environment must implement treatment measures to clean up before discharging into the city's common treatment facilities, and must register with the authorized state environmental management agency regarding:

a) Types and quantities of waste;

b) Waste treatment plans and methods.

2. In cases where harmful waste generated from the operation of facilities has not been effectively treated, they shall be considered and handled through one of the following methods:

a) Suspension of facility operations;

b) Relocation of facilities to new locations in accordance with approved planning.

Article 36. The People's Committee of cities, towns, and townships shall assign specialized organizations to collect, gather, and treat industrial and household waste, provide waste treatment services at specified areas in accordance with approved planning.

At residential areas and public facilities such as markets, train stations, shops, bus terminals, ferry piers within urban areas, management boards must post sanitation rules, arrange public restrooms, garbage collection points, parking lots, reasonably utilize land surfaces, and ensure traffic safety.

Article 37. During construction, project sponsors and contractors must comply with hygiene and safety regulations, implement measures to shield against dust and debris, and ensure safety for nearby residents and structures. Transport vehicles carrying building materials and construction waste must not dirty city streets. In cases where construction causes pollution, noise, smoke, or toxicity, contractors must take responsibility to eliminate hazards and reduce noise levels below national standards. Before final acceptance and use of completed projects, contractors must clear the site, dismantle temporary shelters, and complete the construction area.

Chapter 5:

MANAGEMENT AND UTILIZATION OF URBAN TECHNICAL INFRASTRUCTURE FACILITIES.

Article 38. Urban technical infrastructure facilities include transportation, water supply, drainage, environmental sanitation, energy provision, public lighting, postal communication, and other facilities.

Article 39. Upon completion, all urban technical infrastructure facilities must undergo organizational acceptance. The People's Committees of provinces and centrally-administered cities shall entrust specialized agencies to manage and utilize these facilities.

The content of managing, utilizing, and exploiting urban technical infrastructure facilities includes:

1. Establishing and storing completion records and technical files of construction projects;

2. Detecting malfunctions and ensuring normal operation of facilities;

3. Implementing maintenance, repair, renovation, and upgrading schedules to maintain facility quality according to periodic and annual plans;

4. Signing contracts for providing technical infrastructure with organizations and individuals requiring usage, and guiding the exploitation and utilization of facilities in accordance with state technical regulations;

5. Identifying and handling violations related to the use and exploitation of urban technical infrastructure facilities.

Article 40. Organizations and individuals using and exploiting urban technical infrastructure facilities must:

1. Strictly adhere to usage regulations for each type of facility and coordinate their synchronous operation;

2. Not occupy public land designated for constructing urban technical infrastructure facilities, including protected zones defined by national standards;

3. Obtain permission from competent state authorities for using shared urban technical infrastructure systems;

4. Repair and compensate for actual damages caused by technical failures resulting from user violations of urban technical infrastructure facilities.

Article 41. Repairs of urban technical infrastructure facilities must:

1. Have permits from competent state authorities, except when exempted by provincial or centrally-administered city People's Committees;

2. Receive approval from specialized agencies managing related technical infrastructure facilities;

3. Display warning signs and implement shielding measures to ensure smooth traffic flow, environmental cleanliness, and public safety;

4. Clear and restore the site within 48 hours after work completion.

Article 42 |||.

1. Main urban transportation facilities include:

a) Road networks, bridges, tunnels, squares, parking lots, rivers, canals, and creeks;

b) Transportation hub facilities: airports, train stations, bus terminals, ports.

2. Protection zones:

a) Urban roads, including national highways passing through urban areas, are limited by red-line boundaries; including roadbeds, sidewalks, and pavements;

b) Internal roads within city blocks, residential complexes, alleys, and non-utilized lands along rivers and lakes are limited from the base of legal fences or walls of buildings outward;

c) Transportation hub facilities are limited within land boundaries according to cadastral registration documents and protection zones determined by national standards and local conditions.

Article 43. Urban roads may be utilized and exploited for the following purposes:

1. Roadbeds for motor vehicles and non-motorized vehicles; pavements for pedestrians;

2. To arrange urban technical infrastructure facilities such as lighting, energy supply, water supply and drainage, telecommunications, urban sanitation, parking stations, traffic safety equipment;

3. For planting public greenery, shade trees, or isolation greenery;

4. For temporary use upon permission from competent state authorities:

a) Bookstalls, public telephone booths;

b) Public services;

c) Aggregating and transferring construction materials;

d) Signboards, bulletin boards, advertisements;

e) Parking vehicles;

g) Organizing cultural, social activities, and propaganda events.

Article 44 |||.

1. Main urban water supply facilities include:

a) Surface or underground water sources;

b) Water production technical facilities;

c) Water distribution systems (pipes, pressure regulation, and balancing).

2. Protection zones:

a) Surface or underground water sources have protection zones according to national standards on sanitary belts and specific conditions of each area;

b) Water pipe distribution and distribution systems have minimum protection zones of 0.5 meters on either side of the pipe.

Article 45 |||Management, exploitation, and utilization regulations for urban water supply facilities:

1. The People's Committees of provinces and centrally-administered cities shall entrust specialized agencies to manage urban water supply systems.

2. Organizations or individuals requiring water use must submit an application and enter into a contract with the specialized agency responsible for managing the urban water supply system;

3. The exploitation and use of underground water sources with a scale exceeding 50m3/ha and surface water sources for urban areas must comply with the general urban planning and approved investment projects for exploitation; ensuring sustainable and reasonable exploitation while considering negative impacts on the environment, and obtaining permission from competent state agencies;

Article 46 |||.

1. Urban drainage works mainly include:

a) Rivers, ponds, reservoirs, dikes, dams;

b) Culverts, ditches, canals, gutters;

c) Fixed or mobile pumping stations;

d) Wastewater treatment plants.

2. The scope of protection for urban drainage works is defined by the People's Committee of provinces and centrally-run cities based on national standards, regulations, and specific conditions of each area.

Article 47 |||. Management, exploitation, and utilization of urban drainage works.

1. The People's Committee of provinces and centrally-run cities assigns the specialized agency to manage the use and exploitation of urban drainage works systems.

2. Internal drainage works (culverts, ditches, sewage pipes, manholes...) connecting to the urban drainage system must obtain permission from the competent specialized management agency.

3. In cases where wastewater contains harmful substances causing environmental pollution and diseases, it must be treated according to urban environmental protection regulations before being discharged into the urban drainage system.

Article 48.

1. Urban power supply and lighting works mainly include:

a) Power generation plants;

b) Transformer substations, distribution panels;

c) Electrical transmission lines;

d) Poles and street lights.

2. The scope of protection for urban power supply and lighting works is defined according to national standards and regulations.

Article 49. Management, exploitation, and utilization of urban power supply and lighting works:

1. The People's Committee of provinces and centrally-run cities assigns specialized agencies to manage urban power supply and lighting systems.

2. Organizations or individuals requiring electricity use must submit an application and enter into a contract with the specialized agency responsible for managing urban power supply works;

3. Any construction, renovation, or repair of urban works affecting the safety corridors of public power supply and lighting works must ensure safety measures and obtain approval from the competent specialized management authority.

Article 50. The management and utilization agencies of urban technical infrastructure works are entitled to collect and use fees for the use of technical infrastructure, service charges, and additional levies as prescribed by the Ministry of Finance for purposes of maintaining and upgrading urban technical infrastructure works.

Chapter 6:

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 51. Contents of inspection and supervision of the implementation of urban planning management regulations include:

1. Identifying violations of urban construction planning;

2. Identifying and handling cases of issuing construction permits incorrectly or beyond authority;

3. Identifying acts of constructing or demolishing buildings without permits or contrary to permits;

4. Identifying construction units lacking legal entity status;

5. Identifying violations of urban living environment landscape protection;

6. Identifying violations of the management and exploitation of urban technical infrastructure works.

Article 52. Allocation of responsibilities for inspection, supervision, and handling of urban management violations.

1. The People's Committee of communes, wards, and towns shall perform the function of inspecting and supervising the activities of organizations and individuals within their jurisdiction regarding compliance with urban planning management regulations and laws; enforcing compulsory execution of decisions made by state agencies;

2. The People's Committee of cities, districts, and counties shall be responsible for organizing inspections, supervision, and directing lower-level People's Committees to handle violations related to urban planning, construction, exploitation, and use of works according to the law;

3. The People's Committee of provinces and centrally-run cities shall issue regulations and direct lower-level People's Committees to conduct inspections, supervision, and handling of violations concerning urban planning and construction management within their jurisdictions;

Specialized Departments shall be accountable to the People's Committee of provinces and centrally-run cities for state management of urban planning, guiding lower-level People's Committees on professional matters, and being responsible for the effectiveness of their sector's management in cities, towns, and towns;

4. At all levels, People's Committees shall cooperate with state management agencies assigned to supervise and be responsible for inspecting and promptly addressing violations of construction order.