Chương II Luật Xây dựng 2003: Quy hoạch xây dựng

Chapter II

CONSTRUCTION PLANNINGS

Section 1. GENERAL PROVISIONS

Article 11.- Construction plannings

1. Construction plannings must be elaborated and approved to serve as basis for subsequent construction activities. Construction plannings shall be elaborated for five years, ten years and long-term development orientation. Construction plannings must be periodically revised and adjusted to be compatible with the socio-economic development situation in each period. The adjustment of the construction plannings must ensure the successiveness of the construction plannings previously elaborated and approved.

2. The State allocates the State budget capital and adopts a policy to mobilize other capital sources for the elaboration of construction plannings. The State budget capital shall be incorporated in annual plans for elaborating regional construction plannings, urban construction general plannings and rural population quarter construction plannings, detailed planning on functional zones not under investment projects on the construction of concentrated works in business form.

3. The People's Committees of all levels shall have to organize the elaboration of construction plannings within the administrative boundaries under their respective management according to decentralization and use such construction plannings as basis for managing construction activities, executing construction investment projects and deploying work construction.

4. Where the People's Committees of all levels are incapable of performing the tasks of elaborating, adjusting and approving construction plannings, they may invite experts or hire consultants to perform such tasks.

5. All organizations and individuals must abide by the construction plannings already approved by the competent State agencies.

Article 12.- Categorization of construction plannings

1. Construction plannings are categorized into the following three types:

a/ Regional construction plannings;

b/ Urban construction plannings, including urban construction general plannings and urban construction detailed plannings;

c/ Rural population quarter construction plannings.

2. The Government prescribes the order for elaborating construction plannings, dossiers and scales of assorted maps, and the cost of elaboration of each type of construction planning.

Article 13.- General requirements on construction plannings

Construction plannings must meet the following general requirements:

1. Being in line with the socio-economic development overall plannings, development plannings of other branches and land-use plannings; construction detailed plannings must be in line with the construction general planning; ensure national defense and security and create a motive force for socio-economic development;

2. Organizing and arranging territorial space on the basis of rationally exploiting and using the natural resources, land and other resources in compatibility with the natural conditions, historical and socio-economic characteristics, scientific and technological advances of the country in each development period;

3. Establishing a comfortable, safe and sustainable living environment; satisfying higher and higher material and spiritual demands of people; protecting the environment and cultural heritage, conserving historical-cultural relics, natural landscapes, preserving and developing the national cultural identity;

4. Laying the foundation for the work of planning, investment management and construction investment attraction; management, exploitation and use of construction works in urban areas and rural population quarters.

Article 14.- Conditions on organizations and individuals designing construction plannings

1. Organizations designing construction plannings must meet the following conditions:

a/ Having registered the construction planning designing activities;

b/ Having adequate and appropriate capability for construction planning designing activities;

c/ Individuals who take up the post of construction planning scheme manager or assume the prime responsibility for specialized designs of construction planning blue prints must have the construction practicing capability and practice certificates suitable to each type of construction planning.

2. Individuals independently practicing the construction planning designing profession must meet the following conditions:

a/ Having the practice capability and certificates for practicing the construction planning designing profession;

b/ Having registered the construction planning designing activities.

The Government prescribes the scope of construction planning designing activities of individuals independently practicing the construction planning designing profession.

Section 2. REGIONAL CONSTRUCTION PLANNINGS

Article 15.- Regional construction planning tasks

1. Responsibility to devise regional construction planning tasks is prescribed as follows:

a/ The Construction Ministry shall devise the tasks of regional construction planning for key regions and inter-provincial regions and submit them to the Prime Minister for approval after obtaining opinions of the concerned ministries, branches and provincial People's Committees;

b/ The People's Committees of the provinces and centrally-run cities (hereinafter collectively referred to as the provincial-level People's Committees) shall devise the tasks of regional construction plannings within the administrative boundaries under their management and submit them to the People's Councils of the provinces and centrally-run cities (hereinafter collectively referred to as the provincial-level People's Councils) for decision.

2. Contents of regional construction planning tasks include:

a/ Forecasts of urban or rural population size in compatibility with the socio-economic development of the regions and the population distribution strategy of the nation for five-year, ten-year or longer periods;

b/ Spatial organization of main industrial establishments, systems of technical and social infrastructures within the region in each period in compatibility with the potentials and the regional general socio-economic development plannings;

c/ Spatial organization of the system of urban areas and population quarters in compatibility with the geographical and natural conditions of each region, ensuring national defense and security as well as the rational exploitation of natural resources of the entire region.

Article 16.- Contents of regional construction plannings

A regional construction planning must have the following principal contents:

1. Determination of a system of urban areas and population quarters in service of industry, agriculture, forestry, tourism, as well as environmental protection zones, natural resource zones and other functional zones;

2. Arrangement of a system of technical infrastructures, spaces and environmental protection measures;

3. Orientation for development of specialized works;

4. Identification of reserve land in service of development demands; efficient use of land.

Article 17.- Competence to elaborate, evaluate and approve regional construction plannings

1. The Construction Ministry organizes the elaboration and evaluation of construction plannings of key regions and inter-provincial regions, then submits them to the Prime Minister for approval after obtaining opinions of the concerned ministries, branches and/or People's Committees.

2. The provincial-level People's Committees shall have to approve construction plannings of regions within administrative boundaries under their respective management after they are decided by the People's Councils of the same level.

Article 18.- Adjustment of regional construction plannings

1. A regional construction planning shall be adjusted in one of the following cases:

a/ Where the general planning on socio-economic development of the region, the branch development planning of the region; or the defense and security strategy is adjusted;

b/ Where the geographical, natural, population and socio-economic conditions change.

2. The competence to approve the adjusted tasks and adjusted regional construction plannings is prescribed as follows:

a/ The Prime Minister approves the adjusted tasks and adjusted regional construction plannings of the key regions and inter-provincial regions at the requests of the Construction Ministry after obtaining opinions of the concerned ministries, branches and/or People's Committees;

b/ The provincial-level People's Committees devise the adjusted tasks and adjusted construction plannings of regions within the administrative boundaries under their respective management, then submit them to the People's Councils for decision.

Section 3. URBAN CONSTRUCTION PLANNINGS

Article 19.- Urban construction general planning tasks

1. Responsibility to devise urban construction general planning tasks is prescribed as follows:

a/ The Construction Ministry devises the tasks of elaborating general plannings on construction of inter-provincial new urban areas, hi-tech parks and special economic zones, then submits them to the Prime Minister for approval after obtaining opinions of the concerned ministries, branches and/or provincial-level People's Committees;

b/ The provincial-level People's Committees devise the tasks of elaborating general plannings on construction of special-type, grade-1 or grade-2 urban areas, then submit them to the People's Councils of the same level for adoption. The Construction Ministry organizes the evaluation and submission thereof to the Prime Minister for approval. For grade-3 urban areas, the provincial-level People's Committees devise the construction general planning tasks, then submit them to the People's Councils of the same level for decision.

c/ The People's Committees of urban districts, rural districts, provincial capitals or provincial cities (hereinafter collectively referred to as the district-level People's Committees) devise the tasks of elaborating general plannings on construction of grade-4 and grade-5 urban areas within the administrative boundaries under their respective management, then submit them to the People's Councils of urban districts, rural districts, provincial capitals or provincial cities (hereinafter collectively referred to as the district-level People's Councils) for adoption and submission to the provincial-level People's Committees for approval.

2. Contents of urban construction general planning tasks include:

a/ Determination of characteristics, population sizes, spatial development orientation of urban areas and technical and social infrastructure works for each five-year or ten-year period, and forecast of development orientation of urban areas for a twenty-year period;

b/ Urban construction and renovation general plannings, besides the contents prescribed at Point a, Clause 2 of this Article, must also identify areas subject to ground clearance, areas to be maintained for embellishment, areas to be protected and other specific requirements according to the characteristics of each urban area.

Article 20.- Contents of urban construction general planning

1. An urban construction general planning must ensure the determination of the total urban land use ground area according to the population size in each planning period; urban functional zones; population density, land use coefficient and other economic-technical norms of each functional zone and the urban area; the general arrangement of urban technical infrastructures, the determination of construction demarcation and red-line demarcation boundaries of urban main traffic routes, as well as controlled construction landmarks of each zone and the entire urban area.

2. Urban construction general plannings must be designed according to the construction rules and standards, make full use of the terrain, greenery, water surface and natural conditions of the planned places, and preserve the national cultural identity.

3. For urban construction and renovation general plannings, solutions to maintain the existing works and landscapes compatible with the set tasks must be proposed.

Article 21.- Competence to elaborate and approve urban construction general planning

1. The Construction Ministry organizes the elaboration of general plannings on construction of new inter-provincial urban areas, hi-tech parks and special economic zones, then submits them to the Prime Minister for approval after obtaining opinions of the concerned ministries, branches and/or provincial People's Committees.

2. The provincial-level People's Committees organize the elaboration of construction general plannings of special, grade-1 and grade-2 urban areas within their respective localities, then submit them to the People's Councils of the same level for adoption. The Construction Ministry shall evaluate and submit them to the Prime Minister for approval. For grade-3 urban areas, the provincial-level People's Committees organize the elaboration of construction general plannings and submit them to the People's Councils of the same level for decision.

3. The district-level People's Committees organize the elaboration of construction general plannings of grade-4 and grade-5 urban areas, then submit them to the People's Councils of the same level for adoption and submission to the provincial-level People's Committees for approval.

Article 22.- Adjustment of urban construction general plannings

1. An urban construction general planning shall be adjusted in one of the following cases:

a/ The socio-economic development orientation changes;

b/ For purpose of attracting capital sources for investment in urban construction and other objectives, which do not substantially change the urban development orientation;

c/ Geographical and natural conditions change.

2. Persons competent to approve the planning tasks and urban construction general plannings shall approve the planning-adjusting tasks and adjusted urban construction general plannings.

Article 23.- Tasks of elaborating urban construction detailed plannings

1. The district-level People's Committees shall have to devise the tasks of urban construction detailed planning on the basis of the socio-economic development requirements, construction management requirements, requests of work construction investors and opinions of people in the planned zones, which, however, must not be contrary to the approved urban construction general plannings.

2. Contents of urban construction detailed planning tasks include:

a/ Requirements on land use area, scale and scope of detailed planning, urban designing and synchronous designing of technical and social infrastructures in the designed zones;

b/ List of proposed measures to renovate works which should be maintained in the zones planned for renovation;

c/ Other requirements on each designed zone.

Article 24.- Contents of urban construction detailed plannings

1. An urban construction detailed planning must have the following principal contents:

a/ Determination of ground plan and land area for construction of assorted works in the zone under the urban construction detailed planning;

b/ Determination of red-line demarcation and construction demarcation boundaries, construction landmarks of technical infrastructures in the zone under the urban construction detailed planning;

c/ Solutions to design the system of urban technical infrastructures, measures to protect landscapes, ecological environment and relevant economic-technical norms;

d/ The urban renovation detailed plannings must propose schemes to renovate the existing works in compliance with the set tasks and in line with the zone construction general planning.

2. Urban construction detailed plannings shall be elaborated on topographic maps and cadastral maps of a scale of between 1/500 and 1/2000, depending on the set planning tasks.

Article 25.- Competence to approve urban construction detailed plannings

1. The provincial-level People's Committees approve the detailed plannings on the construction of special, grade-1, grade-2 and grade-3 urban areas.

2. The district-level People's Committees approve the detailed plannings on the construction of grade-4 and grade-5 urban areas.

Article 26.- Adjustment of urban construction detailed plannings

1. An urban construction detailed planning shall be adjusted in one of the following cases:

a/ The urban construction general planning is adjusted;

b/ There is a need to encourage or attract investment.

2. Persons competent to approve urban construction detailed plannings shall approve the already adjusted urban construction detailed plannings.

3. The adjustment of urban construction detailed plannings prescribed at Point b, Clause 1 of this Article must obtain opinions of people in the zones under the construction detailed plannings and must not substantially change the construction general planning structure.

Article 27.- Urban designing

1. Urban designing includes the following contents:

a/ In an urban construction general planning, the urban designing must prescribe and demonstrate architectural spaces of works, landscape of each street section or the entire urban area, determine the limit height of works in each zone and the entire urban area;

b/ In an urban construction detailed planning, the urban designing must prescribe and demonstrate the construction landmarks of road surface, pavement, work base and floors of works, height, facade architecture, roof architectural features and colors of works in each street section;

c/ The urban designing must express its compatibility with local natural conditions, harmony with natural and artificial landscapes in designing zones; make full use of such factors as water surface and greenery; protect cultural heritage, historical-cultural relics, and preserve national cultural identity.

2. The provincial-level People's Committees promulgate regulations on architectural management in order to manage the construction according to the approved urban designs.

3. The Government specifies the urban designing.

Section 4. PLANNINGS ON CONSTRUCTION OF RURAL POPULATION QUARTERS

Article 28.- Tasks of elaborating plannings on construction of rural population quarters

1. The commune-level People's Committees devise the tasks of elaborating plannings on construction of rural population quarters, then submit them to the People's Councils of the same level for adoption and submission to the district-level People's Committees for approval.

2. Contents of tasks of planning on rural population quarter construction include:

a/ Forecast of population size increase of rural population quarters in each period;

b/ Spatial organization of production establishments, cottage industries and handicraft and traditional craft villages in rural population quarters;

c/ Development orientation of rural population quarters.

Article 29.- Contents of plannings on the construction of rural population quarters

1. Determination of functional zones, systems of technical and social infrastructures, development orientation for each population quarter, designing of dwelling house models suitable to natural conditions, customs and traditions of each region, so as to guide people in the construction thereof.

2. Detailed plannings on construction of commune centers must determine construction positions and areas of works; working offices of agencies, organizations, educational, healthcare, cultural, physical training and sport, commercial and service works and other works.

3. For rural population quarters which tend to exist stably for a long term, when their construction plannings are executed, designs for renovation and embellishment of functional zones, technical and social infrastructure works.

Article 30.- Competence to elaborate and approve plannings on the construction of rural population quarters

The commune-level People's Committees organize the elaboration of plannings on the construction of rural population quarters within the administrative boundaries under their respective management, then submit them to the People's Councils of the same level for adoption and submission to the district-level People's Committees for approval.

Article 31.- Adjustment of plannings on the construction of rural population quarters

1. A rural population quarter construction planning shall be adjusted in one of the following cases:

a/ The local socio-economic development strategy is adjusted;

b/ The regional construction planning is adjusted;

c/ Geographical and natural conditions change.

2. The district-level People's Committees approve the adjusted tasks and the adjusted plannings on the construction of rural population quarters within administrative boundaries under their management.

Section 5. MANAGEMENT OF CONSTRUCTION PLANNINGS

Article 32.- Publicization of construction plannings

1. In the course of elaboration of construction detailed plannings, opinions of concerned organizations and individuals thereon must be gathered according to the tasks of each type of construction planning.

2. Within thirty working days after the construction plannings are approved by the competent State agencies, the People's Committees of all levels shall have to publicize construction detailed plannings within the administrative boundaries under their respective management, for organizations and individuals in the planned areas to know, examine and implement them. For the publicization of the regional construction plannings and construction general plannings, the persons competent to approve them shall decide on the publicized contents.

3. Basing themselves on the approved construction plannings, the provincial-level People's Committees shall have to direct the performance of the following tasks:

a/ Placing construction demarcation markers and construction landmarks on the field;

b/ Determining on the field areas banned from construction.

4. Persons responsible to publicize construction plannings shall be held responsible before law for their failure to publicize, or delayed publicization of, such plannings, thus causing economic damage upon the ground clearance for investment in work construction.

5. For the approved construction detailed plannings, if past three years after they are publicized, they still remain unexecuted or the execution is not up to their requirements, the persons competent to approve construction detailed plannings shall have to apply remedies and notify such to the organizations and individuals in the planning areas. Where a construction detailed planning cannot be executed, it must be adjusted or cancelled and subsequently re-publicized according to the provisions of Clause 2 of this Article.

Article 33.- Supply of information on construction plannings

1. Construction management agencies of all levels shall have to supply information on, and grant certificates of, construction plannings to work construction investors when there appear demand for investment in construction within their scope of assigned management responsibilities.

2. The supply of information shall take the following forms:

a/ Publicization of the construction planning blueprints, including: charts, layouts and drawings of the construction planning;

b/ Explanation of the construction planning;

c/ Supply of construction planning certificates.

3. Construction planning certificates contain information on land use; regulations on system of technical infrastructures, architecture, safety in fire and explosion prevention and fighting; environmental protection and other regulations according to the construction detailed planning.

Article 34.- Contents of management of construction plannings

1. The management of construction plannings covers the following principal contents:

a/ Promulgation of regulations on plannings, architecture and policies for attracting construction investment according to the manager's competence;

b/ Management of construction of works under the construction plannings;

c/ Management of landmarks on the field;

d/ Management of synchronous construction of urban technical infrastructures;

dd/ Suspension of the construction, imposition of administrative sanctions and coercion of the dismantlement of works illegally constructed, constructed in contravention of construction permits, or constructed not in compliance with construction plannings.

2. Persons competent to manage construction plannings according to decentralization shall be held responsible before law for their assigned management jobs and have to compensate for damage caused to the State or people by their late decisions or decisions issued ultra vires.