The urban plan is a very important type of plan in Vietnam. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on classification and levels of administration of urban centers in Vietnam? What are Principle of compliance with urban planning? Thanks for answering my questions!”
Legal grounds
- 2009 Vietnam Law onUrban planning
Classification and levels of administration of urban centers
– Urban centers are classified into 6 grades, including special grade and grades I, II, III, IV and V, according to the following basic criteria:
+ Location, function, role, structure and socio-economic development level of urban center;
+ Population size;
+ Population density;
+ Non-agricultural labor proportion;
+ Infrastructure development level.
– The determination of urban administrative management levels is prescribed as follows:
+ A city directly under the central government (centrally run city) must be an urban center of special grade or grade I;
+ Provincial city must be an urban center of grade I. II or III;
+ Town must be an urban center or grade III or IV;
+ Township must be an urban center of grade IV or V.
– The Government shall specify the classification and administrative management levels of urban centers as suitable to each period of socio-economic development.
Principle of compliance with urban planning
Organizations and individuals shall comply with approved urban planning and the regulation on management of urban planning and architecture when implementing programs and plans on investment in urban construction and development, specialized plans within urban centers, urban land use plans, managing the implementation of construction investment projects in urban centers, managing urban space, architecture and landscape or carrying out other activities related to urban planning.
Requirements on urban planning
– To concretize the orientation of the master plan on the national system of urban centers and related regional plans; to comply with the objectives of the strategy and master plan on socio-economic development, defense and security; to ensure consistency with branch development plans within urban centers; to ensure publicity and transparency and harmonious combination of the interests of the nation, communities and individuals.
– To make scientific forecasts, meet practical requirements and be in line with the urban development trend; to observe urban planning regulations and other related ones.
– To protect the environment, prevent catastrophes affecting the community, improve landscape, conserve cultural and historical relics and local traits through strategic environmental assessment in the course of urban planning.
– To rationally exploit and utilize natural resources, restrict the use of agricultural land, economically and efficiently use urban land in order to create resources for urban development, economic growth, assurance of social welfare, defense and security and sustainable development.
– To ensure synchronism in architectural space, system of urban social and technical infrastructure and underground space; to harmoniously develop different areas in urban centers.
– To meet the needs for houses, health, educational, cultural, sports and trade facilities, parks, trees, water surface and other social infrastructure facilities.
– To meet the needs for technical infrastructure including systems of roads, energy supply, public lighting, water supply and drainage, waste treatment, information and communication, and other technical infrastructure facilities; ensure smooth connection of technical infrastructure systems within urban centers and compatibility with regional, national and international technical infrastructure facilities.
Order of elaboration, evaluation and approval of urban planning
The elaboration, evaluation and approval of urban planning must follow the following order:
– Elaboration of urban planning tasks;
– Evaluation and approval of urban planning tasks;
– Formulation of urban plans;
– Evaluation and approval of urban plans.
Rights and responsibilities of agencies, organizations and individuals in commenting on and supervising urban planning activities
– Domestic organizations and individuals have the right to comment on and supervise urban planning activities.
– Organizations and individuals have the duty to comment on issues related to their operations in urban planning activities.
– Agencies and organizations responsible for urban planning activities shall create conditions for commenting on and supervising urban planning activities.
– Comments of organizations and individuals on urban planning activities must be summed up, studied and publicized.
Archive and preservation of urban plan dossiers
– Approved urban plan dossiers shall be archived under the archive law.
– Urban planning management agencies and land management agencies at all levels shall preserve urban plan dossiers and supply documents of urban plan dossiers to agencies, organizations and individuals in accordance with law.
Conditions on consultancy organizations and individuals involved in urban planning
– Urban planning consultancy organizations must have the legal person status; and meet all conditions on quantity and professional capacity of individuals involved in urban planning, management capacity and technical conditions relevant to performed jobs.
– Individuals involved in urban planning must possess practicing certificates granted by competent agencies or organizations and capabilities relevant to performed jobs.
– Foreign consultancy organizations and individuals involved in urban planning in Vietnam must, in addition to fully meeting the conditions stated in Clauses 1 and 2 of this Article, be accredited by competent Vietnamese agencies.
– The Government shall specify conditions and capabilities of consultancy organizations and individuals involved in urban planning; and the competence and order for the grant of practicing certificates.
Selection of consultancy organizations for urban planning
– Urban planning must be conducted by consultancy organizations, which shall be selected through designation or competition.
– The Government shall specify the forms of designation and competition to select urban planning consultancy organizations.
Funds for urban planning and realization of urban planning
– The funds for urban planning and realization of urban planning include:
+ State budget fund for the elaboration and realization of general planning, zoning planning and detailed planning not belonging to investment projects on the construction of works for business purposes;
+ Funds of organizations and individuals for urban planning under investment projects on the construction of works for business purposes.
– The State encourages domestic and foreign organizations and individuals to finance urban planning.
– State budget funds for urban planning and realization of urban planning shall be used for the following jobs:
+ Conducting topographical and geological surveys to serve urban planning;
+ Elaborating, evaluating and approving urban planning;
+ Managing urban planning operations;
+ Publishing and disclosing urban planning;
+ Placing boundary markers on the field according to urban planning;
+ Elaborating regulations on management of urban planning and architecture;
+ Other jobs related to urban planning and realization of urban planning.
– The Government shall specify the use of funds for urban planning and realization of urban planning.
Contents of state management of urban planning
– Formulating, and directing the materialization of, urban development orientations and strategies.
– Promulgating, and organizing the implementation of, legal documents on management of urban planning activities.
– Issuing regulations and standards on urban planning, and regulations on management of urban planning and architecture.
– Managing urban planning activities.
– Propagating, disseminating and educating in the law and information on urban planning.
– Organizing and managing the training and retraining of human resources, research and application of sciences and technologies in urban planning activities.
– Conducting international cooperation in urban planning activities.
– Examining, inspecting and settling complaints and denunciations and handling violations in urban planning activities.
State management responsibilities for urban planning
– The Government shall perform the unified state management of urban planning nationwide.
– The Ministry of Construction shall take responsibility to the Government for performing the state management of urban planning; assume the prime responsibility for, and coordinate with state agencies in, performing the state management of urban planning.
– Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers and according to the assignment of the Government, coordinate with the Ministry of Construction in performing the state management of urban planning.
– The People’s Committees at all levels shall perform the state management of urban planning in localities as decentralized by the Government.
Inspection of urban planning
– The construction inspectorate shall perform the function of inspecting urban planning.
– The urban planning inspectorate has tasks and powers under the inspection law.
Regulations on Prohibited acts
– Failing to perform the responsibility to organize urban planning.
– Selecting incapable consultancy organizations for urban planning.
– Elaborating, evaluating, approving and adjusting urban planning in violation of 2009 Vietnam Law on Urban Planning.
– Illegally intervening in urban planning activities.
– Granting planning licenses in violation of 2009 Vietnam Law on Urban Planning,
– Granting planning certificates in areas without approved urban planning.
– Refusing to provide information, except for information classified as state secret; providing wrong information on urban planning.
– Deliberately violating approved urban planning.
– Destroying urban space, architecture and landscape.
– Place boundary markers in wrong places; destroying and displacing urban planning boudary markers.
– Obstructing and causing difficulties to urban planning and the realization of urban planning.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
Urban centers are classified into 6 grades, including special grade and grades I, II, III, IV and V
Organizations and individuals shall comply with approved urban planning and the regulation on management of urban planning and architecture when implementing programs and plans on investment in urban construction and development, specialized plans within urban centers, urban land use plans, managing the implementation of construction investment projects in urban centers, managing urban space, architecture and landscape or carrying out other activities related to urban planning.
The Government shall perform the unified state management of urban planning nationwide.
Conclusion: So the above is General regulations on urban 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
