Today, LSX Lawfirm will give you an article about: “Bases for adjusting construction planning in Vietnam”, as follows:
Legal grounds
Law on the construction 2014
What is construction planning?
Before going to learn about the regulations in planning and adjusting planning, we should have a basic understanding of what is the concept of construction planning?
To put it simply, planning means dividing and arranging elements such as services, production, and daily activities on a territorial area (district, district, province, country). Construction is the process that includes the design and construction of buildings, houses, and infrastructure. Accordingly, “construction planning” means the division and arrangement of works, houses and infrastructure on a territorial area.
From a legal perspective, the Law on Construction explained:
“Construction planning means the organization of spaces of urban and rural areas and function zones; the organization of technical and social infrastructure systems; the establishment of an environment suitable to people residing in territorial areas, ensuring the harmony between national interests and community interests, attaining the socio-economic development, national defense, security, environmental protection and climate change response objectives. Construction planning demonstrated through a construction plan consisting of diagrams, drawings, mock-ups and explanations”
Adjustment of construction planning in Vietnam
Accordingly, adjustment of a construction investment project is the adjustment and change of land use norms, providing solutions for spatial planning, landscape in the area, or providing solutions to improve facilities. infrastructure to suit the requirements of construction and development.
You may be interested in: rural planning, functional area planning, district and inter-district planning
Bases for adjusting construction planning in Vietnam
Firstly
Inter-district construction planning and district construction planning adjusted in one of the following cases:
- Adjustments to the objectives of the socio – economic development strategy and industry distribution and development strategy change contents of the planning.
- Then, adjustments to the planning at a higher level change contents of the planning or there is inconsistency with the planning at the same level.
- Changes or adjustments to an administrative division affect the nature and scale of space of the planning.
- Then, natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning.
- Random fluctuations of the socio-economic situation limit the resources for the implementation of the planning.
- Development of science and technology considerably changes the implementation of the planning.
- Assurance of nation defense and security is required.
Secondly
Dedicated area construction planning shall be adjusted in one of the following cases:
- Adjustments to the planning at a higher level change contents of the planning or there is inconsistency with the planning at the same level.
- Setting up a key project of national significance greatly affects land use, environment and spatial composition of the dedicated area.
- Then, construction planning fails implemented or the implementation thereof exert adverse effects on socio – economic development, national defense, security, social security, historical – cultural sites/monuments or environmental ecology, determined through the review and assessment of implementation of construction planning and the community’s opinion.
- Natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning.
- Finally, the planning serves national interests and community interests.
Thirdly
Rural planning adjusted in one of the following cases:
- Adjustments to the planning at a higher level change made.
- Changes to natural geographical conditions made.
- Changes to an administrative division made.
Related questions
Overall adjustment of construction investment project planning and Local adjustment of construction investment projects.
(i) The overall adjustment is carried out when the nature, function, and scale of the area, of the planning area changes or the content of the adjustment is expected to change the structure and general development orientation of the area. , planning area;
(ii) The overall adjustment must ensure to meet actual requirements, be consistent with the trend of socio-economic development and development orientation of the region and the region in the future, improve the quality of living environment. , infrastructure and landscape, ensuring the inheritance and not greatly affecting the ongoing construction investment projects.
(i) Local adjustments are only applicable to specific functional areas;
(ii) Local adjustment of a particular functional area shall be carried out when the proposed adjustment does not significantly affect the nature, function, boundary size, general development orientation of the planned area and the solution to the problem. the main planning law of the area where the construction zoning planning or detailed construction planning is made;
(iii) Local adjustment of specific functional areas must clearly define the scope, extent and content of adjustment; ensure the continuity and synchronism of the general planning on construction of specific-function zones or the construction subdivision planning or the existing detailed construction planning on the basis of analysis and clarification of reasons for adjustment; socio-economic efficiency of the adjustment; solutions to overcome arising due to adjustment of construction planning.
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