Chương II Luật Quy hoạch đô thị 2009: Lập quy hoạch đô thị

Chapter II

URBAN PLANNING

Section 1. ORGANIZATION OF URBAN PLANNING

Article 17. Orientations of the master plan on the national system of urban centers

1. Orientations of the master plan on the national system of urban centers are formulated to determine the national network of urban centers as a basis for urban planning.

2. The Ministry of Construction shall base itself on the strategy and master plan on socio­economic development, defense and security to formulate orientations of the master plan on the national system of urban centers and submit them to the Prime Minister for approval.

Article 18. Types of urban planning

1. Urban planning is of the following types:

a/ General planning, which is made for centrally run cities, provincial cities, towns, townships and new urban centers;

b/ Zoning planning, which is made for areas within cities, towns and new urban centers;

c/ Detailed planning, which is made for areas to meet urban development and management requirements or construction investment needs.

2. Technical infrastructure planning constitutes part of general planning, zoning planning or detailed planning; particularly for centrally run cities, technical infrastructure planning is made separately as specialized technical infrastructure planning.

3. The Ministry of Construction shall prescribe dossiers for each type of urban planning.

Article 19. Urban planning responsibilities

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the People's Committees of provinces and centrally run cities in, organizing general planning for new urban centers of a planning scope related to the administrative boundaries of two or more provinces and centrally run cities, general planning for new urban centers with a projected population equal to that of urban centers of grade III or higher, and other planning assigned by the Prime Minister.

2. The People's Committees of provinces and centrally run cities shall organize general planning for centrally run cities, general planning for new urban centers, specialized technical infrastructure planning for centrally run cities, zoning planning and detailed planning for zones of a scope related to the administrative boundaries of two or more rural and/or urban districts, areas in new urban centers and areas of importance, excluding urban planning stated in Clause 1 and Clause 7 of this Article.

3. The People's Committees of provincial cities and towns shall organize general planning for provincial cities and towns, zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.

4. The People's Committees of urban districts shall organize zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.

5. The People's Committees of rural districts of a centrally run city shall organize general planning and detailed planning for townships, zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.

6. The People's Committees of rural districts of a province shall organize general planning and detailed planning for townships, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.

7. Investors of construction investment projects shall organize detailed planning for areas assigned to them for investment.

Section 2. COLLECTION OF COMMENTS ON URBAN PLANNING

Article 20. Responsibility to collect comments on urban planning

1. Agencies organizing urban planning and investors of construction investment projects specified in Clause 7, Article 19 of this Law shall collect comments of concerned agencies, organizations, individuals and communities on urban planning tasks and urban plans.

Concerned People's Committees and planning consultancy organizations shall coordinate with agencies organizing urban planning or investors of construction investment projects specified in Clause 7, Article 19 of this Law in collecting comments.

2. For urban planning tasks and urban plans under the approving competence of the Prime Minister, the Ministry of Construction shall collect comments of other concerned ministries, agencies and organizations at the central level; concerned People's Committees shall collect comments under Clause 1 of this Article.

3. Planning consultancy organizations shall collect comments of concerned agencies, organizations, individuals and communities on urban plans.

4. Contributed comments must be fully synthesized, explained, assimilated and reported to competent authorities for consideration before approval of urban planning.

Article 21. Forms and time of collecting comments

1. Concerned agencies, organizations and individuals shall be consulted in the form of sending dossiers and documents or holding conferences or workshops. Consulted agencies and organizations shall give written replies.

2. The collection of comments of population communities on general planning tasks and plans shall be conducted by consulting their representative in the form of distributing survey cards and questionnaires. Population community representatives shall synthesize comments of their communities in accordance with the law on grassroots democracy.

3. The collection of comments of population communities on zoning planning and detailed planning tasks and plans shall be conducted by opinion polls through public display or introduc­tion of planning options on the mass media.

4. The time limit for giving comments is at least 15 days for agencies, and 30 days for organizations, individuals and communities.

Section 3. URBAN PLANNING TASKS

Article 22. Requirements on urban planning tasks

1. Urban planning tasks must determine development viewpoints and objectives in response to the requirements of each urban center and each planned area as a basis for conducting studies to make urban plans.

2. Urban planning tasks must be approved by competent agencies under Articles 44 and 45 of this Law.

Article 23. Contents of urban planning tasks

1. General urban planning tasks must determine the nature and role of urban centers, basic requirements on studies to exploit the deve-lopment potential, driving force and orientations, urban expansion, arrangement of the systems of urban social and technical infrastructure facilities in inner areas and suburbs: and requirements on strategic environmental assessment.

2. Zoning planning tasks must determine the boundary, area and nature of the planned area, the expected norms on population, land use and social and technical infrastructure; requirements and basic principles of zoning to ensure conformity in terms of architectural space and connection of technical infrastructure with the approved general planning and suitability with adjacent areas; and requirements on strategic environmental assessment.

3. Detailed planning tasks must determine the limits of land use and population: requirements and principles of organization of architectural space, social and technical infrastructure in the planned area, ensuring conformity with approved general planning and zoning planning and suitability with adjacent areas; requirements on strategic environmental assessment.

4. In case of planning the renovation and refurbishment of urban centers, planning tasks must identify requirements on studies to assure balanced and stable development of urban centers or planned areas, preserve architectural space and characteristics of urban centers and improve the people's living conditions.

5. In case of planning new urban centers or urban quarters, planning tasks must identify requirements on studies to ensure synchronism and completeness of the systems of social and technical infrastructure facilities in urban centers and connection with technical infrastructure outside urban centers, and modern architectural space and living environment.

Section 4. MAKING OF URBAN PLANS

Article 24. Bases for making urban plans

1. Strategies and master plans on socio­economic development, defense and security, orientations of the master plan on the national system of urban centers, regional construction planning and higher-level urban planning already approved.

2. Approved sector planning.

3. Approved urban planning tasks.

4. Urban planning standards and sectoral standards.

5. Topographic maps made by specialized survey and measurement agencies.

6. Socio-economic documents and data on related localities and sectors.

Article 25. General plans of centrally run cities

1. A general plan of a centrally run city must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure of the city; development model, development structure of the space of the inner area and suburbs, including underground space; orientation of the system of framework technical infrastructure facilities; strategic environmental assessment; priority investment programs and resources for implementation.

2. Drawings of a general plan of a centrally run city shall be made on a 1:25,000 or 1:50,000 scale. The plan must clearly indicate the inner area and areas planned for development.

3. The period of a general plan of a centrally run city is between 20-25 years, with a vision for 50 years.

4. The approved general plan of a centrally run city serves as a basis for conducting specialized urban technical infrastructure planning and zoning planning for the city.

Article 26. General plans of provincial cities, towns

1. A general plan of a provincial city or town must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure; development model, development orientation of the space of the inner area and suburbs, political-administrative, service, trade, cultural, education, training and health centers, green parks, physical training and sports facilities in the city or town; planning on the system of framework technical infrastructure facilities on the ground, overhead and underground; strategic environmental assessment; priority investment plans and resources for implementation.

2. Drawings of a general plan of a city or town shall be made on a 1:10.000 or 1:25,000 scale. The dossier must clearly indicate the inner area and areas planned for development.

3. The period of a general plan of a provincial city or town is between 20-25 years.

4. The approved general plan of a city or town serves as a basis for conducting zoning planning and detailed planning for areas and making investment projects on the construction of framework technical infrastructure in the city.

Article 27. General plans of townships

1. A general plan of a township must indicate the development objectives and driving force, population size, land area and norms on social and technical infrastructure in the township; organization of urban space, planning on social infrastructure facilities and the system of technical infrastructure facilities; strategic environmental assessment; priority investment plans and resources for implementation.

2. Drawings of a general plan of a township shall be made on a 1:5,000 or 1:10,000 scale.

3. The period of a general plan of a township is between 10-15 years.

4. The approved general plan of a township serves as a basis for conducting detailed planning for areas and making investment projects on the construction of technical infrastructure in the township.

Article 28. General plans of new urban centers

1. A general plan of a new urban center contains an analysis and clarification of bases for the formation and development of the urban center; studies on the model of development of the space, architecture and environment suitable to the nature and functions of the urban center; identifies development stages, implementation plans and projects to create a driving force for forming and developing the new urban center and a model of urban development management; and strategic environmental assessment.

2. Drawings of a general plan of a new urban center shall be made on a 1:10.000 or 1:25.000 scale.

3. The period of a general plan of a new urban center is between 20-25 years.

4. The approved general plan of a new urban center serves as a basis for conducting zoning planning and detailed planning for areas and making investment projects on framework technical infrastructure in the new urban center.

Article 29. Zoning plans

1. A zoning plan must indicate the use functions for each lot of land; principles of organization of space, architecture and landscape for the entire planned area; norms on population, land use and technical infrastructure for each street block; arrangement of social infrastructure facilities in response to their use needs; arrangement of the network of technical infrastructure facilities in each street suitable to each development period of the urban center; and strategic environmental assessment.

2. Drawings of a zoning plan shall be made on a 1:5.000 or 1:2.000 scale.

3. The period of a zoning plan shall be determined on the basis of the period of the general planning and urban management and development requirements.

4. The approved zoning plan serves as a basis for identifying construction investment projects in the urban center and conducting detailed planning.

Article 30. Detailed plans

1. A detailed plan must indicate the norms on population, social and technical infrastructure and requirements on organization of space and architecture for the entire planned area; arrangement of social infrastructure facilities in response to their use needs; norms on land use and requirements on work architecture for each lot of land; arrangement of the network of technical infrastructure facilities up to the boundary of each lot of land; and strategic environmental assessment.

2. Drawings of a detailed plan shall be made on a 1:500 scale.

3. The period of a detailed plan shall be determined on the basis of the period of the zoning planning and urban management and development requirements.

4. The approved detailed plan serves as a basis for granting construction permits and formulating construction investment projects.

Article 31. Planning for renovation and refurbishment of urban centers; development of new urban quarters and new trunk roads in urban centers

1. When planning renovation and refurbish­ment of an urban center, it is necessary to evaluate the current use of land, social and technical infrastructure facilities, cultural, social and environmental factors of the urban center and the planned area in order to come up with appropriate supplementation and adjustment solutions to economically and efficiently exploit and use urban land, ensure the needs for using social and technical infrastructure; preserve and promote the identity, space, architecture and landscape of the urban center.

2. When planning a new urban quarter, it is necessary to abide by the principles of economical and efficient use of land, effective utilization of existing infrastructure systems, close connection between to be-developed areas and existing urban center; ensure the synchronous and complete system of social and technical infrastructure facilities and services in the urban center and harmony between to be-developed areas and existing residential areas; protect natural resources and preserve the identity of the areas.

3. Detailed planning for new trunk roads in an urban center must ensure the following requirements:

a/ The planned area must be at least 50 m outward from the red-line boundary of a planned road;

b/ To effectively exploit the land fund along both sides of a road; to study the space, architecture and shape of construction works and the setback of each specific work, ensuring the integrity and peculiarities of the area.

Article 32. Urban design

1. Urban design is part of an urban plan, which is made under Clauses 1, 2 and 3, Article 33 of this Law.

2. In case an urban quarter has land lots with basically stable use functions, an urban plan is not required to be made but a separate urban design plan must be made as a basis for managing construction investment and granting construction permits. The details of a separate urban design plan are provided in Clause 4, Article 33 of this Law.

3. The elaboration, evaluation and approval of separate urban design plans comply with Articles 19, 20, 21, 41, 42, 43, 44 and 45 of this Law applicable to detailed plans.

Article 33. Details of an urban design

1. The urban design in a general plan must indicate architectural and landscape areas in an urban center; proposed organization of space in central areas and gateways, main spatial axis, big squares, greenery space, water surface and prominent points in the urban center.

2. The urban design in a zoning plan must indicate control limits of norms on setback and urban landscape along trunk roads and in central areas; areas with open space, prominent works and street blocks in the designed area.

3. The urban design in a detailed plan must indicate prominent works in the planned area, visions and construction heights of works in each lot of land and the whole area; setback of works along each street and crossroad; dominant shapes, colors and forms of architecture of architectural works; systems of trees, water surface and squares.

4. The urban design of a separate urban design plan must indicate the construction height for each work; setback of works along each street and crossroad: colors, materials, forms and details of architecture of works and other architectural objects; organization of public trees, garden yards, street trees and water surface.

Article 34. Regulation on management according to urban plan or urban design

1. A regulation on management according to urban plan or urban design is a regulation on norms on land use in each area or lot of land, technical parameters of the system of technical infrastructure, organization of space, architecture and landscape in the planned urban area.

2. On the basis of drawings and explanations of urban plans, urban designs, recommendations and measures to realizing urban planning, consultancy organizations compiling urban plans or urban designs shall elaborate regulations on management according to urban plan or urban design and submit them to agencies approving urban plans or urban designs.

3. Agencies approving urban plans or urban designs shall issue regulations on management according to urban plan or urban design.

Article 35. Contents of a regulation on management according to urban plan or urban design plan

1. A regulation on management according to the general plan contains the following principal contents:

a/ Norms on area and density of construction, land use coefficient and maximum and minimum heights of works in each functional quarter in an urban center;

b/ Control of space and architecture in areas in an urban center;

c/ Red-line boundary markers of main streets and the control construction ground floor level in an urban center;

d/ Locations and scope of protection and safety corridors of underground works;

e/ No-construction areas; scope of protection and safety corridors of technical infrastructure facilities; environmental protection measures;

f/ Areas of conservation and embellishment of architectural works, historical and cultural relics, spots of beauty and scenic places and landscape areas in an urban center.

2. A regulation on management according to the zoning plan contains the following principal contents:

a/ Boundary, scope and nature of the planned area;

b/ Locations, boundaries, nature and scopes of functional quarters in the planned area; norms on density of construction, land use coefficients and maximum and minimum heights and standard construction ground floor level of each street; red-line boundary markers, construction ground floor level and specific technical requirements of each road; and scope of protection and safety corridors of technical infrastructure facilities;

c/ Major spatial axes, prominent points in an urban center;

d/ Locations and scopes of protection and safety corridors of underground works;

e/ Areas of conservation, renovation and embellishment of historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

3. A regulation on management according to the detailed plan contains the following principal contents:

a/ Boundary and scope of the planned area; b/ Locations, boundaries, functions and sizes of land lots in the planned area: norms on density of construction, land use coefficients and standard construction ground floor level of each lot of land; heights, floor and ceiling levels of the ground storey; forms of architecture and fences of works, building materials of works; red-line boundary markers, construction markers, and specific technical requirements of each road, street and lane; and scope of protection and safety corridors of technical infrastructure facilities;

c/ Locations and scope of protection and safety corridors of underground works;

d/ Conservation, renovation and embellish­ment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

4. A regulation on management according to the urban design plan contains the following principal contents:

a/ Boundary and scope of the designed urban area;

b/ Functions, density of construction, standard construction ground floor level of each lot of land; heights, forms of architecture and fences of works, building materials of works; floor and ceiling levels of the ground storey, and setback of works;

c/ Public works, small architectural works; architecture covering urban technical infrastructure facilities;

d/ Conservation, renovation and embellish­ment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.

Section 5. URBAN TECHNICAL INFRASTRUCTURE PLANNING

Article 36. Objects of urban technical infrastructure planning

Urban technical infrastructure planning shall be conducted for the following objects:

1. Urban transport:

2. Urban base heights and surface water drainage;

3. Urban water supply;

4. Urban wastewater drainage;

5. Energy supply and urban lighting;

6. Information and communication;

7. Cemeteries and solid waste treatment.

Article 37. Contents of urban technical infrastructure planning

1. Urban transport planning must indicate land funds reserved for transport construction and development, locations and sizes of key works; organization of the urban transport system on the ground, overhead and underground; and the scope of protection and corridors for traffic safety.

2. Base height and urban surface water drainage planning must indicate areas favorable for construction in each area and urban center: main basins for water drainage, and areas where construction is banned and restricted; standard construction ground floor level, network of surface water drainage and key works; and measures of preventing and mitigating damage caused by natural disasters.

3. Urban water supply planning must indicate the need for and selection of water sources; locations and sizes of water supply works, including the networks of transmission and distribution, water plants, cleaning stations, scope of protection of water sources and protection corridors of water supply facilities;

4. Urban wastewater drainage planning must indicate the total volume of wastewater, locations and sizes of water drainage works, including networks of drainage pipelines, wastewater drainage plants and stations, sanitation distance from and corridors of protection of urban wastewater drainage works.

5. Energy supply and lighting planning must indicate energy use needs, supply sources, requirements of locations and size of key works, transmission and distribution networks: safety corridors and scopes of protection of works: and comprehensive solutions for urban lighting.

6. Information and communications planning must indicate information transmission routes, locations and sizes of satellite stations, switchboards and auxiliary works.

7. Solid waste treatment planning must indicate the total volume of solid waste, locations and sizes of transfer depots, solid waste treatment facilities, auxiliary works and sanitation distance from solid waste treatment facilities.

8. Cemetery planning must indicate burial needs, locations, sizes and boundaries of cemeteries, functional sub-zones, arrangement of technical infrastructure works and sanitation distance from cemeteries.

Article 38. Specialized technical infrastructure plans

1. A specialized technical infrastructure plan stated in Clause 2. Article 18 of this Law shall be made for each technical infrastructure object in the whole urban center.

2. A specialized technical infrastructure plan must comply with Articles 37 and 39 of this Law and the approved general plan of the centrally run city concerned.

3. The period of specialized technical infrastructure planning coincides with that of the general plan.

4. An approved specialized technical infrastructure plan serves as a basis for formulating an investment project on the construction of a framework system of urban technical infrastructure.

Section 6. STRATEGIC ENVIRONMENTAL ASSESSMENT IN URBAN PLANNING

Article 39. Content of strategic environmental assessment

1. Strategic environmental assessment is part of a general plan, zoning plan, detailed plan and specialized technical infrastructure plan.

2. The content of strategic environmental assessment of an urban plan covers:

a/ Assessment of the present situation of the urban environment regarding hydro-meteorolo­gical conditions: quality of water, air and eco­system, geology; soil erosion; solid wastes, wastewater and noise: exploitation and utilization of natural resources; climate change; social issues, landscape, culture and heritage sites, as a basis for putting forward urban planning solutions:

b/ Forecasts about environmental develop­ment in the course of realizing urban planning:

c/ Comprehensive solutions to preventing, reducing and remedying environmental impacts and making environmental monitoring plans.

3. The Government shall specify the content of strategic environmental assessment of an urban plan.

Article 40. Evaluation of the content of strategic environmental assessment

1. The evaluation of the content of strategic environmental assessment shall be conducted in the course of evaluating an urban plan.

2. The agency evaluating urban planning shall assume the prime responsibility for. and coordinate with the environment state management agency in evaluating its content of strategic environmental assessment.