Chương II Luật Xây dựng 2014: Quy hoạch xây dựng

Chapter II

CONSTRUCTION PLANNING

Section 1. GENERAL PROVISIONS

Article 13. Construction planning and bases for construction planning

1. Construction planning shall be classified into the following types:

a/ Regional construction planning;

b/ Urban construction planning;

c/ Particular-function zone construction planning;

d/ Rural construction planning.

2. Construction planning shall be based on the following:

a/ Strategies and master plans on socio-economic development, national defense, security, sectoral masterplans, orientations for planning the national urban center systems and relevant construction master plans already approved;

b/ Technical regulations on construction planning and other relevant regulations;

c/ Maps, documents and data on current local socio-economic situation and natural conditions.

3. Urban planning must comply with the law on urban planning.

Article 14. Requirements and compliance principles on construction planning

1. Requirements on construction planning include:

a/ Conforming with the objectives of strategies and master plans on socio- economic development, national defense and security maintenance, creating a motive force for sustainable socio-economic development; consistent with sectoral development master plans; publicity, transparency, harmony between national interests and community and personal interests;

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

c/ Meeting the demand for use of the technical infrastructure system; ensuring connection and uniformity of regional, national and international technical infrastructure facilities;

d/ Protecting the environment, preventing and fighting natural disasters and responding to climate change, minimizing the adverse impacts on community, conservation, embellishment and development of the value of historical relics, cultural heritages, beliefs and religions; ensuring synchronism in architectural space, social and technical infrastructure facilities;

dd/ Establishing bases for planning, investment management and construction investment attraction, and managing, exploiting and using regional construction works, particular-function zones and rural areas.

2. Compliance principles for construction planning include:

a/ The implementation of construction investment programs and activities and the management of space, architecture and scenery must comply with the approved construction master plans and conform with the mobilized resources;

b/ Construction planning must ensure the uniformity and conformity with planning at higher degrees.

Article 15. Review of construction planning

1. Construction planning shall be periodically examined and reviewed and the implementation process shall be assessed in order to make timely adjustments suitable to the socio-economic development situation in each period. The construction planning-reviewing period is 10 years for regional planning, 5 years for general planning and zoning planning and 3 years for detailed planning after they are approved.

2. The People’s Committees at all levels shall review the approved construction planning.

3. Results of construction planning review shall be reported in writing to the state agencies competent to approve construction planning for consideration and decision.

Article 16. Responsibility to collect comments on construction planning

1. Agencies or project owners organizing construction planning shall collect comments of related agencies, organizations, individuals and communities on construction planning tasks and plans.

Related People’s Committees shall coordinate with construction planning agencies and construction investment project owners in collecting comments.

2. For the construction planning tasks and plans to be approved by the Prime Minister, the Ministry of Construction shall collect comments of other related ministries, central agencies and organizations; provincial-level. People’s Committees shall collect comments of related agencies, organizations, individuals and communities in their localities.

3. The contributed comments shall be fully summarized, explained, assimilated and reported to competent state agencies for consideration and decision.

Article 17. Forms and time of collecting comments on construction planning

1. The collection of comments of related agencies, organizations and individuals on construction planning tasks and plans shall be carried out in form of sending dossiers and documents or organizing conferences or seminars. Consulted agencies, organizations and individuals shall reply in writing or directly give comments.

2. The collection of comments of communities on construction planning tasks and plans shall be carried out via collection of comments of community representatives in form of questionnaires and interviews. Community representatives shall summarize comments of their communities in accordance with the law on grassroots democracy.

3. The collection of comments of communities on the tasks and plans of zoning planning, detailed construction planning and commune construction general planning or rural residential quarter construction planning shall be carried out via comment cards through public display or presentation of planning options in the mass media.

4. The duration for collecting comments on construction planning must be at least 20 days for agencies and 40 days for organizations, individuals and communities.

5. Construction planning agencies or organizations shall receive comments of agencies, organizations and communities to complete the construction planning tasks and plans; in case of refusal, they shall reply in writing and clearly state the reasons before the master plans are approved.

6. The Government shall detail the collection of comments on construction planning tasks and plans from related agencies, organizations, individuals and communities.

Article 18. Selection of construction planning consultancy organizations

1. Agencies organizing construction planning shall decide on forms of selecting consultancy organizations to participate in construction planning in accordance with law.

2. When selecting construction planning consultancy organizations, construction planning agencies or project owners shall base themselves on the capacity conditions on construction planning consultancy organizations prescribed in this Law, and take responsibility before law for the damage caused by the selection of consultancy organizations that fail to fully meet the capacity conditions.

3. To encourage the selection of construction planning consultancy organizations in form of contest for general master plans on construction of large particular functional zones of special significance and construction zone master plans and detailed master plans on construction of areas of important significance in the particular-function zones.

Article 19. Funds for construction planning

1. The State shall ensure funds as prescribed by law for construction planning work.

2. The State shall encourage domestic and foreign organizations and individuals to provide funds for construction planning.

Article 20. Order of construction planning and approving construction planning

Construction planning shall be demonstrated through construction plans and must comply with the following order:

1. Devising and approving construction planning tasks;

2. Conducting field investigations and surveys; collecting maps, documents and data on natural conditions, current socio-economic situation, socio-economic development master plans and relevant sectoral development master plans for the formulation of construction plans;

3. Formulating construction plans;

4. Appraising and approving construction plans.

Article 21. Archive of construction plan dossiers

1. Construction planning agencies, organizations and project owners shall archive dossiers of approved construction plans in accordance with the law on archive.

2. Construction planning state management agencies and land management agencies at different levels shall archive construction plan dossiers and provide them to individuals, organizations and competent state agencies in accordance with law.

Section 2. REGIONAL CONSTRUCTION PLANNING

Article 22. Regional construction planning and responsibility to organize regional construction planning

1. Regional construction planning shall be carried out for the following regions:

a/ Inter-provincial regions;

b/ Provincial regions;

c/ Inter-district regions;

d/ District regions;

dd/ Particular-function zones;

e/ Regions lying along expressways or inter-provincial economic corridors.

2. In an inter-provincial or provincial construction plan, the technical-infrastructure system planning shall be detailed via specialized technical-infrastructure plans.

3. Responsibility to organize regional construction planning is prescribed as follows:

a/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with related ministries, provincial-level People’s Committees and agencies and organizations in organizing the formulation of construction planning tasks and plans for inter-provincial regions, particular-function zones of national significance, regions lying along express ways or inter-provincial economic corridors;

b/ Specialized construction work-managing ministries shall organize the formulation of inter-provincial technical infrastructure planning tasks and plans;

c/ Provincial-level People’s Committees shall organize the formulation of construction planning tasks and plans for other regions of the administrative units under their management.

Article 23. Regional construction planning tasks and contents of regional construction plans

1. The regional construction planning task covers:

a/ Identifying justifications and bases for the formation of regional boundaries;

b/ Identifying regional development objectives;

c/ Forecasting the regional population size, technical and social infrastructure demands for each development period;

d/ Identifying requirements on spatial organization for systems of urban centers, rural areas, major areas and functional zones, systems of technical and social infrastructure facilities on a regional scale in each period.

2. A regional construction plan covers:

a/ Inter-provincial, provincial, inter-district or district construction planning, which must identify and analyze the regional development potential and driving forces; forecast the urbanization speed; solutions to dividing functional regions and distributing systems of urban centers and rural residential quarters; determine specialized functional zones, production establishments, systems of key technical and social infrastructure facilities of regional significance;

b/ The particular-function zone construction planning which shall be formed on the basis of socio-economic, defense and security potentials, cultural heritages and natural landscape; identify and analyze the development potential, capability of exploitation and dividing functional zones, population distribution and organization of the technical infrastructure system suitable to the characteristics and development objectives of each zone;

c/ Construction planning for regions along expressways or inter-provincial economic corridors, which must analyze the driving forces and impacts of the expressways and corridors on the development of these regions, solutions to land exploitation and use, organization of architectural space and landscape and technical infrastructure systems suitable to the characteristics of the expressways or corridors and ensure traffic safety along the whole routes;

d/ The specialized technical infrastructure construction planning, which must forecast the development and land use demands; identify the locations and sizes of key works, supporting facilities, main transmission networks, distribution networks and work safety protection corridors;

dd/ Based on the regional sizes and characteristics, regional construction plans shall be studied on the basis of topographical maps of 1:25,000 - 1:250,000 scales;

e/ The planning period for regional construction planning, which is between 20 and 25 years, with a 50-year vision;

g/ The approved regional construction planning serves as a basis for urban planning, particular-function zone construction planning, rural construction planning and technical infrastructure system planning at regional level.

3. The Government shall detail this Article.

Section 3. PARTICULAR-FUNCTION ZONE CONSTRUCTION PLANNING

Article 24. Particular-function zones and responsibility to plan construction of particular-function zones

1. Particular-function zone construction planning shall be carried out for the following functional zones:

a/ Economic zones;

b/ Industrial parks, export-processing zones, hi-tech parks;

c/ Tourist resorts, ecological resorts;

d/ Conservation zones; revolutionary, historical-cultural relic zones;

dd/ Research and training zones; physical training and sports zones;

e/ Airports, seaports;

g/ Key technical infrastructure zones;

h/ Other particular-function zones identified under the approved regional construction planning or established under decisions of competent state agencies.

2. The responsibility to organize particular-function zone construction planning is prescribed as follows:

a/ The Ministry of Construction shall organize the formulation of planning tasks and general plans for construction of national-level particular-function zones;

b/ Provincial-level People’s Committees shall organize the formulation of planning tasks and general plans for construction of particular-function zones, except the planning prescribed at Point a, Clause 2 of this Article, and tasks as well as sub-zoning plans for construction of particular-function zones;

c/ District-level People’s Committees or construction investment project owners shall organize the formulation of planning tasks and detailed plans for construction of regions assigned to them for management or investment.

Article 25. Levels of particular-function zone construction planning

1. Construction general planning shall be carried out for particular-function zones of a size of 500 hectares or over, which serve as a basis for sub-zoning planning and construction detailed planning.

2. Construction sub-zone planning shall be carried out for particular-function zones of a size of under 500 hectares, which serve as a basis for construction detailed planning.

3. Construction detailed planning shall be carried out for areas within particular-function zones, which serve as a basis for grant of construction permits and formulation of construction investment projects.

Article 26. General planning for construction of particular-function zones

1. The tasks of general planning for construction of particular-function zones include:

a/ Justifications and bases for formation and determination of boundaries of particular- function zones;

b/ Determination of characteristics, forecast of population size of particular-function zones, requirements on orientations for development of space and technical and social infrastructure facilities for each planning period;

c/ For general planning for construction or renovation of particular-function zones, in addition to the contents prescribed at Point a, Clause 1 of this Article, the requirements on areas to be cleared for construction, areas to be retained for embellishment, areas to be protected, and other specific requirements shall be identified according to characteristics of each particular-function zone.

2. A general plan on construction of a particular-function zone must cover:

a/ A general plan on construction of a particular-function zone, which covers the identification of development objectives and driving forces, population size, land, technical and social infrastructure norms; development model, orientations for spatial development of functional zones, administrative, service, commercial, cultural, educational and training, and healthcare centers, parks, physical training and sports centers; systems of overhead, land, water and underground frame technical infrastructure systems; strategic environmental assessment; investment priority plan and resources for implementation.

b/ Drawings of a general plan on construction of a particular-function zone, which are demonstrated on a 1:5,000 or 1:10,000 scale;

c/ The planning period of between 20 and 25 years;

d/ An approved general plan on construction of a particular-function zone serves as a basis for formulation of construction sub-zone planning, detailed planning for construction of areas and for formulation of investment projects to construct frame technical infrastructure in the particular-function zone.

3. A general plan on construction of an exclusive particular-function zone must cover the determination of population size, land, technical and social infrastructure norms; orientations for spatial development of functional sub-zones; planning for framework technical infrastructure system; strategic environmental assessment; investment priority plan and resources for implementation.

Article 27. Sub-zone planning for construction of particular-function zones

1. The tasks of sub-zone planning for construction of a particular-function zone include:

a/ Requirements on land use areas, scale and scope of sub-zone planning, systems of technical and social infrastructure facilities in the planning area;

b/ List of proposed measures for renovation of to be-retained facilities in the renovation planning area;

c/ Other requirements for each planning area.

2. A plan on sub-zones for construction of a particular-function zone must cover:

a/ Contents of the plan on sub-zones for construction of a particular-function zone, which include the determination of utility for every land plot; principles of spatial and architectural landscape organization for the entire planning area; norms of population, land use and system of technical infrastructure facilities for every land plot; arrangement of social infrastructure system to meet use demands; arrangement of technical infrastructure networks to street axes suitable to the development stages of the entire particular-function zone; strategic environmental assessment;

b/ Drawings of the plan on sub-zones for construction of the particular-function zone, which shall be demonstrated on a 1:2,000 scale;

c/ The planning period for sub-zone planning for the construction of a particular-function zone, which shall be determined on the basis of the period of general planning and development and management requirements of the particular-function zone;

d/ The approved plan on sub-zones for construction of the particular-function zone serves as a basis for determination of construction investment projects in the particular-function zone and for construction detailed planning.

Article 28. Detailed planning for construction in particular-function zones

1. Tasks of detailed planning for construction in a particular-function zone include:

a/ Requirements on land use area, scale and scope of detailed planning, urban designing, technical and social infrastructure systems in the planning area;

b/ List of proposed measures for renovation of to be-retained facilities in the renovation planning area;

c/ Other requirements on every planning area.

2. A detailed plan on construction in a particular-function zone must cover:

a/ Contents of the detailed plan, which include the determination of norms of population and land use, technical and social infrastructure and requirements on spatial and architectural organization for the entire planning areas; arrangement of social infrastructure facilities to meet use demands; requirements on architecture of works for every land plot and urban design; arrangement of the system of technical infrastructure facilities to the land plot boundaries; strategies environmental assessment;

b/ Drawings of the detailed plan, which shall be demonstrated on a 1:500 scale;

c/ The planning period for construction detailed planning, which is determined on the basis of investment plans;

d/ The approved construction detailed plan serves as a basis for grant of construction permits and formulation of construction investment projects.

Section 4. RURAL CONSTRUCTION PLANNING

Article 29. Objects and levels of, and responsibility to organize, rural construction planning

1. Rural construction planning shall be carried out for communes and rural residential quarters.

2. Rural construction planning shall be classified into the following levels:

a/ Construction general planning, which shall be carried out for the entire administrative boundaries of communes;

b/ Construction detailed planning, which shall be carried out for rural residential quarters.

3. Commune-level People’s Committees shall assume the prime responsibility for organizing the formulation of tasks of and plans on rural construction.

Article 30. Commune construction general planning

1. Tasks of commune construction general planning cover the objectives, commune boundary scope; characteristics and functions of the commune; determination of factors affecting the socio-economic development of the commune; forecasts of its population size and labor; land size, major economic-technical norms; requirements on the principles of organizing the distribution of functional zones of agricultural, industrial, cottage-industrial and handicraft production, craft villages, houses, services and systems of technical infrastructure facilities.

2. A commune construction general plan must cover:

a/ Contents of the plan, which cover the determination of development potentials and driving forces, population size and labor, land size, network of rural residential quarters; orientations for organization of commune overall space; orientations for development of functional zones of agricultural, industrial, cottage-industrial and handicraft production, craft villages, houses, services and system of technical infrastructure facilities;

b/ Drawings of the commune construction general plan, which are demonstrated on a 1:5,000, 1:10,000 or 1:25,000 scale;

c/ The planning period of between 10 and 20 years;

d/ The approved commune construction general plan serves as a basis for carrying out detailed planning for construction of rural residential quarters including commune centers, residential quarters and other functional zones in the commune.

Article 31. Detailed planning for construction of rural residential quarters

1. Tasks of detailed planning for construction of rural residential quarters must cover the forecasts of population size and labor; land size; requirements on land use for arrangement of construction, conservation or renovation works; technical and social infrastructures in rural residential quarters.

2. A detailed plan on construction of rural residential quarters must cover:

a/ Contents of the detailed plan, which include identification of construction positions and areas of works: working offices of administrative units of the commune, educational, health care, cultural, physical training and sports, commercial and service works and houses; planning for technical and production infrastructures;

b/ Drawings of the detailed plan, which shall be demonstrated on a 1:500 or 1:2,000 scale;

c/ The planning period based on investment plans and resources for implementation;

d/ The approved detailed plan on construction of rural residential quarters serves as a basis for formulation of construction investment projects and grant of construction permits.

Section 5. APPRAISAL AND APPROVAL OF CONSTRUCTION PLANNING

Article 32. Competence to appraise construction planning tasks and plans

1. The Ministry of Construction shall appraise construction planning tasks and plans falling within the approving competence of the Prime Minister.

2. Construction planning-managing agencies of provincial-level People’s Committees shall appraise construction planning tasks and plans falling within the approving competence of the People’s Committees of the same level.

3. Construction planning-managing agencies of district-level People’s Committees shall appraise construction planning tasks and plans falling within the approving competence of the People’s Committees of the same level.

Article 33. Appraisal councils and contents of appraisal of construction planning tasks and plans

1. The Ministry of Construction shall decide on the establishment of the council for appraisal of construction planning tasks and plans falling within the approving competence of the Prime Minister and construction plans formulated by the Ministry of Construction. The Ministry of Construction shall act as the standing body of the appraisal council.

2. The People’s Committees shall decide on the establishment of councils for appraisal of construction planning tasks and plans within their respective approving competence. The construction planning-managing agencies of provincial- or district-level People’s Committees shall act as standing bodies of the appraisal councils of the same level.

3. An appraisal council shall be composed of representatives of state management agencies, socio-professional organizations and experts in the relevant fields.

4. Contents of appraisal of construction planning tasks cover:

a/ The conformity of construction planning tasks with the strategies and master plans on socio-economic development, national defense, security, environmental protection and response to climate change, relevant construction master plans and land use master plans and plans;

b/ Requirements on contents of each type of construction planning task are prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law.

5. Contents of appraisal of a construction plan cover:

a/ The satisfaction of the conditions by construction planning-designing organizations prescribed in Article 150 of this Law;

b/ Grounds for formulation of construction plans prescribed in Clause 2, Article 13 of this Law;

c/ The conformity of the construction plan with the tasks and content requirements of each type of construction planning prescribed in Sections 2, 3 and 4 of this Chapter.

Article 34. Competence to approve construction planning tasks and plans

1. The Prime Minister shall approve the tasks and plans of the following types of construction planning:

a/ Construction planning for inter-provincial regions, construction planning for provincial regions, construction planning for particular-function zones and construction planning for regions lying along expressways or inter-provincial economic corridors; specialized planning for inter-provincial technical infrastructure;

b/ General construction planning for economic zones, general construction planning for hi-tech parks;

c/ General construction planning for tourist resorts, ecological resorts, conservation zones, revolutionary and cultural-historical relics zones, research and training zones, physical training and sports zones and other particular-function zones of national level;

d/ Other types of construction planning carried out by the Ministry of Construction as assigned by the Prime Minister.

2. Provincial-level People’s Committees shall approve the following construction planning tasks and plans:

a/ Construction planning for inter-district regions, construction planning for district regions;

b/ General construction planning for particular-function zones, except the types of planning prescribed at Point c, Clause 1 of this Article;

c/ Planning for construction of particular-function zones.

3. District-level People’s Committees shall approve the sub-zone planning tasks and plans, detailed construction planning and planning for rural construction within the administrative boundaries under their respective management after obtaining written consent of construction planning-managing agencies of provincial-level People’s Committees.

4. The People’s Committees at different levels organizing construction planning shall submit construction plans to the People’s Councils of the same level for decision before they are considered and approved by competent state agencies.

5. Forms and contents of approval of construction planning tasks and plans include:

a/ Construction planning tasks and plans shall be approved in writing;

b/ The written approval of construction planning must include the main contents of the construction plan prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law, which is enclosed with a list of approved drawings.

Section 6. ADJUSTMENT OF CONSTRUCTION PLANNING

Article 35. Conditions on adjustment of construction planning

1. Regional construction planning may be adjusted when there appears one of the following circumstances:

a/ Adjustment of regional socio-economic development master plans, the regional sectoral development master plans; regulations on protection of natural resources and environment; land use masterplans and plans; national defense and security strategies; regional development driving projects;

b/ Changes in natural geographical conditions, administrative boundaries, big fluctuations in population and socio-economic situation.

2. Particular-function zone construction planning may be adjusted when there appears one of the following circumstances:

a/ Adjustment of regional socio-economic development master plans, construction master plans, sectoral development master plans;

b/ Creation of key projects of national significance which greatly affect the land use, environment, spatial composition of functional zones;

c/ Impossible implementation of the construction planning or the implementation thereof causing adverse impacts on socio-economic development, national defense, security, social security and ecological environment or cultural-historical relics and community opinion;

d/ Changes in climate, geology or hydrology;

dd/ Serving national and community interests.

3. Rural construction planning may be adjusted when there appears one of the following circumstances:

a/ Adjustment of local socio-economic development master plan;

b/ Adjustment of regional construction master plan;

c/ Adjustment of local land use master plan and plan;

d/ Changes in geological and natural conditions.

Article 36. Principles of construction planning adjustment

1. The adjustment of construction planning shall be based on the analysis and evaluation of current situation and results of implementation of existing master plans, clear determination of requirements of regional renovation embellishment to propose adjustment of land use norms, solutions to the arrangement of space and landscape for each area; solutions to the improvement of technical and social infrastructure systems to meet the development requirements.

2. Contents of adjusted construction planning shall be appraised and approved in accordance with this Law; non-adjusted contents of the approved construction plans may still be implemented.

Article 37. Types of adjustment of construction planning

1. The overall adjustment of construction planning is prescribed as follows:

a/ The overall adjustment of construction planning shall be made when the characteristics, functions, sizes of planning regions or areas change or the contents of proposed adjustment would alter the structure and orientations for general development of planning regions or areas;

b/ The overall adjustment of construction planning must satisfy practical requirements and be in line with the socio-economic development trends and orientations for future development of regions or areas, improve the quality of the living environment, infrastructure and landscape, ensuring the inheritance and without exerting impacts on ongoing construction investment projects.

2. The partial adjustment of construction planning is prescribed as follows:

a/ The partial adjustment of construction planning only applies to particular-function

zones;

b/ The partial adjustment of construction planning for particular-function zones may be carried out when the proposed adjustment contents do not greatly affect the characteristics, functions, boundaries and general development orientations of the planning zones and the major planning solutions of the areas under the construction subzone planning or construction detailed planning;

c/ The partial adjustment of construction planning for particular-function zones must clearly define the adjustment scope, extent and contents; ensure the continuity and synchronism of the general planning for construction of particular-function zones or construction subzone planning or existing construction detailed planning, based on the analysis and identification of reasons for adjustment; socio-economic effectiveness of the adjustment; solutions to problems caused by the construction planning adjustment.

Article 38. Order of overall adjustment of construction planning

1. Based on the socio-economic development situation and factors affecting the development of regions, particular-function zones, rural areas; the adjustment conditions and after reviewing the construction planning, the construction planning agencies shall report the overall adjustment of the construction planning to agencies competent to approve construction planning for consideration and decision.

2. Agencies or persons competent to approve construction planning shall give in-principle approval of the overall adjustment of construction planning.

3. The formulation of, consultation on, appraisal and approval of the tasks and plans on overall adjustment of construction planning and the announcement of adjusted construction planning must comply with Articles 16 and 17 and Sections 2, 3, 4 and 5 of this Chapter.

Article 39. Order of partial adjustment of construction planning

1. Construction planning agencies shall make reports on the contents of, and plans for, partial adjustment of construction planning, collect opinions of communities in the planning adjustment areas and directly affected vicinities and submit them to agencies competent to approve construction planning for consideration and decision on the partial adjustment of construction master plans.

2. Agencies or persons competent to approve construction planning shall decide in writing the partial adjustment based on the opinions of the construction planning-appraising agencies.

3. Construction planning agencies shall update and demonstrate the adjusted contents in the construction planning dossiers. The adjusted contents of construction planning shall be publicized according to Article 42 of this Law.

Section 7. ORGANIZATION OF IMPLEMENTATION OF CONSTRUCTION PLANNING

Article 40. Publicization of construction planning

1. A construction plan shall be publicized within 30 days after it is approved.

2. The to be-publicized contents of construction planning include the basic contents of the construction plan and regulations on management according to the promulgated construction plan, except contents related to national defense, security and state secrets.

3. The construction planning-managing agencies shall fully update the situation of implementation of the approved construction plans so that the competent agencies shall promptly publicize them to organizations and individuals for knowledge and supervision in the process of implementation.

Article 41. Responsibility to publicize construction planning

1. For regional construction planning:

a/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with related provincial-level People’s Committees in. publicizing inter-provincial construction planning which falls within the approving competence of the Prime Minister.

b/ Provincial-level People’s Committees in the planning regions shall organize the publicization of regional construction planning falling within the approving competence of the Prime Minister, except for the types of planning prescribed at Point a of this Clause;

c/ District-or commune-level People’s Committees in the planning regions shall organize the publicization of regional construction planning which falls within the approving competence of their provincial-level People’s Committees.

2. For general planning for construction of particular-function zones:

a/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with the related provincial-level People’s Committees in, publicizing the inter-provincial plans on construction of particular-function zones, which fall within the approving competence of the Prime Minister.

b/ The People’s Committees at different levels shall publicize general plans on construction of particular-function zones within their respective administrative boundaries.

3. The People’s Committees at different levels shall publicize the approved sub-zone construction plans and detailed planning for construction of particular-function zones within the administrative boundaries under their management to people for implementation and supervision of the implementation.

4. Commune People’s Committees shall publicize the commune and rural residential quarter construction planning.

5. Within 30 days after the construction planning is approved, the People’s Committees at different levels shall publicize it.

6. If persons responsible to publicize the construction planning do not publicize, delay the publicization or falsely publicize the contents of approved construction planning, they shall be disciplined or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall compensate therefor in accordance with law.

Article 42. Forms of publicizing construction planning

1. An approved construction plan shall be publicized on the website of the state management agency in charge of construction planning.

2. In addition to the form of publicization prescribed in Clause 1 of this Article, competent persons may decide on other forms of publicization as follows:

a/ Organizing conferences to publicize the construction planning, with the participation of representatives of related organizations and agencies, Vietnam Fatherland Front Committee, representatives of people in the planning region and of the press agencies;

b/ Public, regular and continuous display of panels, drawings and mock-ups at public places and offices of construction planning management agencies at all levels and at offices of commune-level People’s Committees, for detailed construction planning;

c/ Printing and widely distributing construction planning maps and regulations on management of approved construction planning.

Article 43. Provision of information on construction planning

1. Information on construction planning shall be provided in the following forms:

a/ Publicizing construction plan dossiers;

b/ Explaining the construction planning;

c/ Providing information in writing.

2. Construction planning-managing agencies shall provide information on construction locations, construction boundaries, red-line boundaries, construction levels and other information relating to the planning when so requested by organizations and individuals within the scope of construction plans under their management.

The People’s Committees at different levels shall organize the receipt and processing of requests and provision of information upon request.

Within 15 days after receiving a request, the construction planning-managing agency shall provide information in writing to the requester.

3. Requesters for the provision of information in writing shall pay a charge for the provision of information.

4. Information providers shall take responsibility before law for the time of information provision and the accuracy of the provided documents and data.

Article 44. Planting of construction boundary markers on the field

1. The planting of construction boundary markers on the field shall be carried out for construction general plans, construction sub-zone plans and construction detailed plans.

2. The planting of boundary markers under approved construction planning covers the planting of red-line markers, construction boundary markers, construction level markers and no-construction zone boundary markers under the approved boundary marker dossiers.

3. After the construction plans are approved by competent state agencies, the People’s Committees at different levels have the following responsibilities:

a/ To organize the compilation and approval of dossiers on boundary marker planting under the approved construction planning. The time limit for compilation and approval of boundary marker dossiers is 30 days after the construction plans are approved. The planting of boundary markers on the field shall be completed within 45 days after the boundary marker dossiers are approved;

b/ To organize the planting of boundary markers on the field for construction detailed plans after the investors are selected.

4. Responsibility to organize and conduct the boundary marker planting is prescribed as follows:

a/ Provincial-level People’s Committees shall direct the planting of construction boundary markers for construction plans within their respective administrative boundaries;

b/ District-level People’s Committees shall organize the planting of construction boundary markers for construction plans within their respective administrative boundaries;

c/ Commune-level People’s Committees shall plant construction boundary markers for construction plans within their respective administrative boundaries.

5. Boundary marker planting dossiers shall be made by professional units.

6. Boundary markers must be durable, of standard sizes and inscribed with information as prescribed, conspicuous, safe for humans and means of transport passing by and suitable to the terrain of their planting areas.

7. Commune-level People’s Committees shall protect the on-field boundary markers.

8. The construction planning-managing agencies shall keep the approved boundary marker planting dossiers and provide documents related to boundary markers to organizations and individuals upon request.

9. When construction planning is adjusted, the boundary markers shall be adjusted according to the adjusted planning.

10. Those who commit acts of planting boundary markers or construction level markers at wrong locations, removing or destroying boundary markers or construction level markers shall be disciplined, administratively sanctioned or examined for penal liability, depending on the nature and severity of their violations; if causing damage, they shall pay compensations therefor in accordance with law.

Section 8. MANAGEMENT OF CONSTRUCTION UNDER CONSTRUCTION PLANNING

Article 45. Principles of management of construction under construction planning

1. The management of construction investment must be based on the construction planning approved by competent agencies.

2. The construction, repair or renovation of architectural works, technical and social infrastructure facilities and houses must conform with the approved construction detailed planning and comply with the law on construction.

Article 46. Introduction of construction locations

1. The construction planning-managing agencies shall introduce construction investment locations to project owners when so requested.

2. Locations introduced for construction investment must conform with construction planning, sizes, investment characteristics, save construction land; not affect the socio-economic development and environment of the regions, particular-function zones and rural areas.

Article 47. Construction planning permits

1. Construction planning permit means a document granted by a competent state agency to the owner of a construction investment project in a particular-function zone, which serves as a basis for detailed planning or project formulation when the sub-zone planning or construction detailed planning is not yet approved.

2. The grant of construction planning permits shall be based on the requirements on particular-function zone development management and control, technical regulations on construction planning, management regulations under the general planning for construction of particular-function zones.

3. A construction planning permit must cover the scope and size of the planning area, the permitted construction-planned land use quota, the requirements on land exploitation and use, organization of architectural space, ground and underground technical and social infrastructures, landscape and environment protection in the project area, and its validity duration.

4. The competence to grant construction planning permits is prescribed as follows:

a/ Provincial-level People’s Committees shall grant construction planning permits for construction investment projects in national-level particular-function zones;

b/ District-level People’s Committees shall grant construction planning permits for construction investment projects other than those prescribed at Point a of this Clause.

5. Organizations and individuals that are granted construction planning permits shall pay a fee in accordance with the law on charges and fees.

6. The Government shall detail the contents and order of granting construction planning permits.

Article 48. Management of the implementation of construction planning

1. Provincial-level People’s Committees shall direct the formulation of programs and plans for implementation of construction planning for development of urban and rural areas and particular-function zones in areas under their respective management in accordance with the approved construction planning.

2. The Ministry of Construction shall direct and coordinate the management of inter- provincial construction planning, covering:

a/ Determination of the list of programs and plans for implementation of the planning, priority investment projects to construct regional technical and social infrastructure systems;

b/ Attraction and distribution of investment capital sources for development of regional technical and social infrastructure systems;

c/ Review, adjustment, examination and inspection of the implementation of inter- provincial construction planning:

d/ Assumption of the prime responsibility for, and coordination with chairpersons of related provincial-level People’s Committees in, periodically reporting to the Prime Minister on the implementation of inter-provincial construction planning according to the implementation stages.

3. A plan on implementation of construction planning must determine the implementation time for every specific area, ensuring conformity with the construction planning objective and resources for implementation of the construction planning.