Vietnam law has general regulations on construction planning. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on construction planning and bases for construction planning in Vietnam? What are requirements and compliance principles on construction planning? Thanks for answering my questions!”
Legal grounds
- 2014 Vietnam Construction law
Construction planning and bases for construction planning
– Construction planning shall be classified into the following types:
+ Regional construction planning;
+ Urban construction planning;
+ Particular-function zone construction planning;
+ Rural construction planning.
– Construction planning shall be based on the following:
+ 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;
+ Technical regulations on construction planning and other relevant regulations;
+ Maps, documents and data on current local socio-economic situation and natural conditions.
– Urban planning must comply with the law on urban planning.
Requirements and compliance principles on construction planning
– Requirements on construction planning include:
+ 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;
+ 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;
+ Meeting the demand for use of the technical infrastructure system; ensuring connection and uniformity of regional, national and international technical infrastructure facilities;
+ 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;
+ Establishing bases for planning, investment management and construction investment attraction, and managing, exploiting and using regional construction works, particular-function zones and rural areas.
– Compliance principles for construction planning include:
+ 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;
+ Construction planning must ensure the uniformity and conformity with planning at higher degrees.
Review of construction planning
– 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.
– The People’s Committees at all levels shall review the approved construction planning.
– Results of construction planning review shall be reported in writing to the state agencies competent to approve construction planning for consideration and decision.
Responsibility to collect comments on construction planning
– 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.
– 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.
– The contributed comments shall be fully summarized, explained, assimilated and reported to competent state agencies for consideration and decision.
Forms and time of collecting comments on construction planning
– 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.
– 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.
– 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.
– The duration for collecting comments on construction planning must be at least 20 days for agencies and 40 days for organizations, individuals and communities.
– 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.
– The Government shall detail the collection of comments on construction planning tasks and plans from related agencies, organizations, individuals and communities.
Selection of construction planning consultancy organizations
– Agencies organizing construction planning shall decide on forms of selecting consultancy organizations to participate in construction planning in accordance with law.
– 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 2014 Vietnam Construction Law, and take responsibility before law for the damage caused by the selection of consultancy organizations that fail to fully meet the capacity conditions.
– 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.
Funds for construction planning
– The State shall ensure funds as prescribed by law for construction planning work.
– The State shall encourage domestic and foreign organizations and individuals to provide funds for construction planning.
Order of construction planning and approving construction planning
Construction planning shall be demonstrated through construction plans and must comply with the following order:
– Devising and approving construction planning tasks;
– 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;
– Formulating construction plans;
– Appraising and approving construction plans.
Archive of construction plan dossiers
– Construction planning agencies, organizations and project owners shall archive dossiers of approved construction plans in accordance with the law on archive.
– 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.
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Frequently asked questions
Construction planning shall be classified into the following types: Regional construction planning; Urban construction planning; Particular-function zone construction planning; Rural construction planning.
Construction planning shall be based on the following:
+ 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;
+ Technical regulations on construction planning and other relevant regulations;
+ Maps, documents and data on current local socio-economic situation and natural conditions.
Urban planning must comply with the law on urban planning.
Conclusion: So the above is General regulations on construction planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
