Chương V Luật Quy hoạch đô thị 2009: Tổ chức thực hiện và quản lý phát triển đô thị theo quy hoạch

Chapter V

ORGANIZATION OF REALIZATION OF, AND MANAGEMENT OF URBAN DEVELOPMENT ACCORDING TO, URBAN PLANNING

Section I. ORGANIZATION OF REALIZATION OF URBAN PLANNING

Article 53. Publicization of urban planning

1. Within 30 days after being approved, urban plans shall be publicized in the following forms:

a/ Constant display of drawings and mock-ups at offices of urban planning-related state manage­ment agencies at all levels, urban planning exhibi­tion and information centers and planned areas;

b/ Information on the mass media;

c/ Printing of publications for wide dissemination.

2. Contents to be publicized include basic details of the plan and the promulgated regulations on management according to urban plans and urban designs, excluding contents related to defense, security and national secrets.

3. Urban planning management agencies shall fully update the implementation of approved urban plans for timely publicization by competent agencies to organizations and individuals for information and supervision.

Article 54. Responsibility for publicizing urban planning

1. People's Committees of cities, towns and townships shall publicize general plans made for their cities, towns and townships.

2. People's Committees of urban districts and rural districts of centrally run cities. People's Committees of provincial cities, towns and town­ships shall publicize zoning plans and detailed plans made for areas within the administrative boundaries under their management.

Article 55. Provision of information on urban planning

1. Urban planning management agencies at all levels shall provide information on approved urban planning for organizations and individuals upon request.

2. The provision of information on urban planning shall be conducted in the forms of direct explanation, on the mass media and grant of planning certificates.

3. Provided information must be based on approved urban plans and urban designs and promulgated regulations on management according to urban plan and urban design.

4. Agencies providing information on urban planning shall take responsibility for the accuracy of documents and data provided by them.

Article 56. Grant of planning certificates

1. Urban planning management agencies at all levels shall base themselves on approved urban plans and promulgated regulations on management according to urban plan and urban designs to grant planning certificates to organizations and individuals upon request.

2. A planning certificate contains information on the boundary of the lot of land, land use function, area, red-line boundary and construction markers, construction densify, land use co-efficient, standard construction ground floor level and maximum and minimum heights of works; information on architecture, technical infrastructure system, environmental protection and other regulations.

3. The validity duration of a planning certificate is the same as that of the approved urban plan.

Article 57. Placement of markers according to urban planning

1. Placement of markers under urban planning includes placement of markers of red-line boundaries, standard construction ground floor levels and boundaries of no-construction areas in the field according to approved marker placement dossiers.

2. After urban plans are approved by competent agencies. People's Committees at all levels shall:

a/ Organize the compilation and approval of marker placement dossiers according to approved urban plans within 30 days from the date of approval of urban plans;

b/ Organize the placement of markers in the field according to approved marker placement dossiers within 45 days from the date of approval of marker placement dossiers.

3. Marker placement dossiers shall be prepared by specialized units.

4. Urban planning management agencies at all levels shall preserve approved marker placement dossiers and provide marker-related documents to organizations and individuals upon request.

5. When urban planning is adjusted, markers shall be also adjusted according to adjusted urban planning.

6. Markers must be durable, easily noticeable, and safe for passing persons and vehicles and suitable to the terrain and geomorphology of the marked areas.

7. The Ministry of Construction shall specify the placement and management of markers according to urban planning.

Section 2. MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE

Article 58. Principles of management of urban space, architecture and landscape

1. Owners of architectural objects affecting urban space, architecture and landscape shall protect and maintain their objects in the course of exploitation and use to ensure their beauty, safety and harmony with surrounding space.

2. The building, renovation, refurbishment, repair and dismantling of architectural objects and trees in public areas and premises of works and houses which affect urban space, architecture and landscape are subject to permission of competent management agencies.

3. Before formulating investment projects on the construction of big works of important significance and status in urban centers, architectural designs must be selected through contests.

4. The Government shall specify the manage­ment of urban space, architecture and landscape.

Article 59. Responsibility for management of urban space, architecture and landscape

1. The People's Committees of cities, towns and townships shall comprehensively manage urban space, architecture and landscape within the administrative boundaries under their management.

2. Urban planning management agencies shall assist the People's Committees of cities, towns and townships in managing urban space, architecture and landscape.

Article 60. Regulations on management of urban planning and architecture

1. The People's Committees of cities, towns and townships shall promulgate regulations on management of urban planning and architecture applicable to all urban centers under their management.

2. Regulations on management of urban planning and architecture must conform with promulgated urban plans, regulations on management according to urban plan and urban design as well as practical conditions of urban centers.

3. Regulations on management of urban planning and architecture must contain the following principal contents:

a/ Regulations on organization of realization of urban planning and management of urban development, for areas with approved urban planning and urban designs and other areas in urban centers;

b/ Regulations on management of urban architecture and space and encouraging and restricting measures;

c/ Specific regulations on management and control of urban development;

d/ Regulations on responsibilities of state agencies, organizations and individuals in organizing the realization of urban planning and managing urban development.

Section 3. MANAGEMENT AND USE OF URBAN LAND ACCORDING TO PLANNING

Article 61. Principles of management and use of urban land

1. Land of all categories in urban centers must be used for proper purposes and functions indicated in approved urban plans.

2. Urban land management must comply with this Law, the land law and other relevant laws.

Article 62. Preparation of land funds for urban development according to planning

1. People's Committees of competent levels shall organize ground clearance for areas already planned for the construction of technical and social infrastructure facilities to serve public-interests in line with approved and publicized detailed planning.

2. The recovery of land funds and compensation for people whose land is recovered comply with the land law. When land funds are recovered, land users are entitled to compensation for their property lawfully created before approved detailed planning is publicized.

3. People's Committees at all levels shall create favorable conditions for investors to properly implement investment planning and plans.

4. When implementing projects to develop roads under approved planning, competent state agencies shall concurrently organize recovery of land along both sides of roads according to planning and hold auctions or bidding to select investors under law.

5. The scope of construction investment projects must be determined to ensure suitability with the present status of land use and harmony between their objectives and urban refurbishment, preventing the emergence of land areas failing to meet construction requirements or affecting urban architecture and landscape.

6. In case an investment project uses only part of a lot of land, if the remaining area is too small to meet use needs or affects urban architecture and landscape according to the Government's regulations, the State shall recover it and pay compensation to its user.

7. After the detailed planning is approved and publicized, pending the recovery by the State, organizations and individuals in the planned area may continue using it and conducting renovation, repair and temporary construction under the construction law.

Section 4. MANAGEMENT OF CONSTRUCTION OF SYSTEMS OF URBAN INFRASTRUCTRE FACILITIES AND UNDERGROUND SPACE ACCORDING TO PLANNING

Article 63. Management of land reserved for the construction of systems of urban technical infrastructure facilities

1. Land reserved for the construction of the system of urban technical infrastructure facilities includes land for the construction of key works, lines or networks of technical infrastructure and land within the scope of protection and safety corridors.

2. Land funds reserved for the construction of the system of technical infrastructure facilities already indicated in urban planning shall be used for proper purposes and may neither be encroached upon nor have their use purpose changed.

3. People's Committees at all levels shall manage land funds reserved for the construction of the system of urban technical infrastructure facilities.

Article 64. Management of the construction of systems of urban technical infrastructure facilities in old and renovated urban centers

1. People's Committees at all levels shall make plans to build technical tunnels and trenches for laying underground technical wire lines.

2. When investing in building new streets, renovating and expanding old streets in urban centers, it is necessary to concurrently build technical tunnels and trenches for installing underground wire lines and pipelines.

Article 65. Management of construction of urban technical infrastructure systems in new urban centers and urban quarters

1. The construction of roads under planning shall be carried out at the same time with building technical tunnels and trenches.

2. Wire line works and technical pipelines shall be arranged and installed in technical tunnels and trenches.

3. Investment in the construction of the system of technical infrastructure facilities must ensure synchronism under planning and the schedule of implementing urban development projects.

Article 66. Management of underground space

1. The exploitation and use of underground space for the construction of underground works must comply with approved urban planning.

2. The management of the construction of works on the ground must not affect underground space already determined in approved urban planning.

Article 67. Management of construction of underground works

1. The construction of underground works must comply with underground space planning determined in approved urban planning; standards on underground works promulgated by the Ministry of Construction, planning licenses and construction permits.

2. The construction of underground works-must not affect works on the ground and underground works and space already existing or determined in urban planning.

3. The construction of transport routes and the system of public underground works must ensure safety and suitability with the exploitation and use of underground space and the ground; ensure convenient connection with traffic works underground and on the ground.

4. The construction of technical tunnels and trenches must not affect the use of space on the ground and must ensure safe exploitation, operation, repair and maintenance.

5. The Government shall specify the management of underground space.

Article 68. Management of trees, parks, natural landscape and water surface

1. Parks, flower gardens and trees in urban centers which are of cultural, historical, natural landscape and urban landscape value and have been included in management lists or indicated in urban planning must be assigned to organizations or individuals for management.

2. The building of parks and flower gardens and planting of trees under urban planning must meet requirements on utility, beauty, safety and urban environment; and must not damage infrastructure facilities on the ground, overhead and underground.

3. Lakes and natural water surface must not be encroached upon or other terrain characteristics must not be altered to prevent bad impacts on urban natural conditions and landscape.

4. Organizations and individuals shall protect parks, flower gardens, trees, water surface and other natural areas in urban centers. The felling, destruction and relocation of trees on management lists and the leveling and change of terrains in natural areas are subject to permission of competent management agencies.

Section 5. MANAGEMENT OF CONSTRUCTION ACCORDING TO URBAN PLANNING

Article 69. Principles of management of construction according to urban planning

1. Organizations and individuals investing in the construction, renovation and repair of architectural works, technical and social infrastructure works and houses shall comply with approved detailed urban planning and the construction law.

2. Existing construction works which are architecturally inappropriate but comply with urban planning are allowed to exist in their original conditions; in case of renovation, upgrading or repair, architectural requirements must be ensured under law.

3. Existing construction works which are no longer in line with urban planning shall be relocated according to the plan and schedule of realizing urban planning. Pending relocation, if their owners wish to renovate, upgrade and repair them, competent state agencies shalI consider and grant temporary construction permits under the construction law.

Article 70. Introduction of sites

1. Urban planning management agencies shall introduce construction investment sites to investors upon request.

2. Sites recommended for construction investment must be in line with urban planning and suitable to the scope and nature of investment and save urban land, without affecting urban development and environment.

Article 71. Planning licenses

1. Planning license is required in the following cases:

a/ Cases specified in Clause 1. Article 52 of this Law;

b/ Investment projects on the construction of concentrated works in urban areas without zoning and detailed planning:

c/ Investment projects on the construction of individual works in urban areas without detailed planning or urban design, except houses.

2. Planning license serves as a basis for investors to prepare detailed planning tasks and detailed plans for investment projects on the construction of concentrated works or formulate investment projects for the construction of individual works in urban centers: and serves as a basis for competent state agencies to approve detailed planning and construction investment projects.

3. The grant of planning licenses must be based on actual development control and management requirements of urban centers, standards on urban planning and regulations on management of urban planning and architecture.

4. A planning license indicates the scope of the planned urban area, permitted norms on land use. requirements on land use exploitation and use. organization of architectural space, urban social and technical infrastructure on the ground and underground, protection of landscape and environment in the area in which the investor is assigned to invest, and its validity term.

5. The licensing competence is prescribed as follows:

a/ People's Committees of provinces and centrally run cities shall grant planning licenses to projects in provincial urban centers in the cases stated at Points a and c and projects in urban centers stated at Point b. Clause 1 of this Article:

b/ People's Committees of rural districts, urban districts, towns and provincial cities shall grant planning licenses to projects not stated at Point a of this Clause.

6. Organizations and individuals shall pay fees for the grant of planning licenses in accordance with the law on charges and fees.

7. The Government shall specify planning licenses.

Article 72. Management of development of new urban centers and urban quarters

1. People's Committees of provinces and centrally run cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.

People's Committees of rural districts, urban districts, towns and provincial cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.

2. The investment in constructing new urban centers and new urban quarters must ensure synchrony in social and technical infrastructure and public services and suit each period of development and implementation plans.

3. The scope of a new urban center must be determined on the principles of meeting actual urban development requirements, investment purposes, investor's capability of organizing project implementation and social benefits.

4. People's Committees of cities and towns shall organize the investment in the construction of technical infrastructure facilities outside the fences of new urban quarter projects to ensure convenient connection and transportation between new urban quarters and surrounding areas and other functional zones within urban centers.

5. When implementing projects to construct new urban quarters, residential quarters and housing quarters, People's Committees at all levels and investors stated in investment decisions of competent authorities shall reserve appropriate land funds for developing social houses in accordance with law.

6. Project investors identified in investment decisions shall manage technical infrastructure systems, space and architecture according to approved urban planning within the boundaries of their projects, except for cases in which such management is transferred to People's Committees.

Article 73. Management of renovation or urban centers according to planning

When renovating or re-constructing an area within an urban center, it is necessary to save land, give priority to meeting on-spot resettlement needs of locals in the area; improve urban architectural, landscape and environmental conditions; comprehensively build and improve the quality of social and technical infrastructure systems and public services on the basis of balance and harmony with surrounding areas; protect cultural heritage, historical relics and traditional traits of urban centers and areas.