Chapter IV
ADJUSTMENT OF URBAN PLANNING
Article 46. Review of urban planning
1. Urban planning shall be periodically reviewed and evaluated in the course of implementation so as to be promptly adjusted in response to the socio-economic development situation in each period.
General planning and zoning planning shall be reviewed once every five years and detailed planning once every 3 years, counting from the date they are approved.
2. People's Committees at all levels shall review approved urban planning.
3. Urban planning review results shall be reported in writing to agencies with urban planning-approving competence.
4. Based on the socio-economic development and factors affecting the urban development process, agencies with urban planning-approving competence shall decide to adjust urban planning.
Article 47. Conditions on adjustment of urban planning
An urban planning may be adjusted in any of the following cases:
1. There is an adjustment to the strategy or master plan on socio-economic development, defense and security, orientations of the master plan on the national system of urban centers, regional construction planning, higher-level urban planning and administrative boundaries greatly affecting the nature, function and size of the urban center or planned area;
2. A key project of national importance is formed, which greatly affects urban land use, environment and spatial and architectural layout;
3. The urban planning cannot be realized or its realization is adversely affecting the socioeconomic development, defense, security, social welfare, ecological environment, historical or cultural relics according to review or evaluation results and community opinions;
4. There is a change in climate, geological or hydrological conditions;
5. Serving national and community interests.
Article 48. Principles of adjustment of urban planning
1. Focusing on contents to be adjusted while other contents already approved continue to be legally valid.
2. Making adjustment based on analysis and assessment of the current conditions, clearly indicating urban renovation and refurbishment requirements and proposing adjusted norms on land use, solutions to organization of space, architecture and landscape in each area; and solutions to renovating the network of technical and social infrastructure facilities in response to development requirements.
Article 49. Types of adjustment of urban planning
1. Overall adjustment of urban planning is prescribed as follows:
a/ Overall adjustment of urban planning is made when the nature, functions and scope of an urban center or an area with detailed planning are changed or the expected adjustment would change the general structure and development orientation of an urban center; the nature, function, scope and major planning solutions of an area with zoning and detailed planning:
b/ Overall adjustment of an urban plan must meet practical requirements, comply with the socio-economic development trend and urban development orientation in the future, improve the quality of the living environment, infrastructure and landscape of the urban center; ensure continuity and not greatly affect ongoing investment projects.
2. Partial adjustment of urban planning is prescribed as follows:
a/ Partial adjustment of urban planning is made when the expected adjustment will not greatly affect the nature, boundary and general development orientation of an urban center; the nature, function, scope and major planning solutions of an area with zoning and detailed planning;
b/ Partial adjustment must clearly identify the scope, extent and content of adjustment, ensure continuity and uniformity of the existing general planning, zoning planning or detailed planning of an urban center on the basis of analysis and clarification of reasons for adjustment, socioeconomic benefits of the adjustment; and solutions to problems caused by the adjustment.
Article 50. Order of overall adjustment of urban planning
1. Agencies responsible for urban planning shall report proposals for overall adjustment of urban planning to agencies with urban planning-approving competence for approval.
2. After obtaining approval of agencies with urban planning-approving competence, the elaboration, evaluation and approval of overall adjustment tasks and plans and publication of adjusted urban planning comply with Articles 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 33, 35, 37, 39, 41, 42, 43, 44, 48, 53 and 54 of this Law.
Article 51. Order of partial adjustment of urban planning
1. Agencies responsible for urban planning shall report on contents and plans on partial adjustment of urban planning and organize meetings to collect opinions of population communities in areas with planning to be adjusted and in adjacent areas to be directly affected, then submit them to agencies with urban planning-approving competence for consideration.
2. Agencies with urban planning-approving competence shall consider and decide on partial adjustment in writing on the basis of opinions of urban planning-evaluating agencies.
3. Urban planning agencies shall update and reflect adjusted contents in planning dossiers. Adjusted contents of urban planning shall be publicized under Article 53 of this Law.
Article 52. Adjustment of a lot of land in the planned area
1. When it is necessary to adjust the boundary or some norms on planned urban land use for implementing investment projects to build concentrated or individual works in an area with approved detailed planning, competent agencies shall base themselves on urban planning standards, technical and social infrastructure conditions of urban centers or areas and the regulations on management of urban planning and architecture to decide on the adjustment through granting planning licenses under Article 71 of this Law.
2. The adjustment of the boundary or some norms of planned urban land use of a lot of land must not affect the nature, architectural space, landscape, the environment and the technical and social infrastructure-providing capacity of the urban center and area.
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