The urban planning land use norms are adjusted depending on the actual situation but must not affect the architectural space, environment and the ability to provide technical infrastructure. Please follow the article of Lawyer X to know more about urban planning land use criteria!
Legal grounds
Law on Urban Planning 2009
Regulations on publicization of urban planning
– Within 30 days after being approved, urban plans shall be publicized in the following forms:
+ Constant display of drawings and mock-ups at offices of urban planning-related state management agencies at all levels, urban planning exhibition and information centers and planned areas;
+ Information on the mass media;
+ Printing of publications for wide dissemination.
– Contents to be publicized include basic details of the plan and the promulgated regulations on management according to urban plans and urban designs, excluding contents related to defense, security and national secrets.
– Urban planning management agencies shall fully update the implementation of approved urban plans for timely publicization by competent agencies to organizations and individuals for information and supervision.
Indicators of land use for urban planning
According to Clause 15, Article 3 of the Law on Urban Planning, land use norms for urban planning are norms for managing spatial and architectural development, specifically defined for an area or a plot of land, including the construction level, land use coefficient, maximum and minimum building height of the work.
Urban planning land use norms are often adjusted to match reality. However, this must ensure that it does not affect the nature, architectural space, environment, landscape and ability to provide technical and social infrastructure of the city.
The system of urban planning land use indicators
The urban planning land use indicator system includes integration, expenditure system and database.
Integration in urban planning
According to Vietnamese law, before 2017, the urban planning system consisted of 3 groups, which are:
Group I: Master plan for socio-economic development, including socio-economic development of regions and territories, development of sectors and fields and development of products.
Group II: Regional construction planning, specific functional zones, urban planning and rural construction planning.
Group III: Planning on land use, mineral resources and environmental protection.
The planning system prescribed before 2017 lacked harmony and objective integration between types of planning, so it was revised to promote efficiency and feasibility. And the 2017 regulations are the premise to build a mechanism to create conditions for institutional reform on urban management.
Integration issues to address include:
Building a scientific basis, renovating institutions and methods in urban planning
Determining the position, role, function and scope of urban management in the national system
Innovating methods, processes, products, urban planning design
Institutional reform of urban management towards integration, interdisciplinary, implementation, appraisal, evaluation and adjustment of planning.
Urban planning indicator system
Planning criteria is a set of technical parameters to define goals, strategies and orientations to manage urban development more effectively. The laws, circulars, decrees, regulations and standards specify the system of urban planning indicators clearly and defined in the planning project file. Although it has met many aspects in urban management, the indicator system still has certain limitations:
There is no close agreement between the legal regulations on planning criteria. The change of urban land use function helps bring about high economic efficiency. However, the ambiguity in the concept of mixed land should create many loopholes in management. That leads to many environmental consequences such as infrastructure overload, congestion, etc.
There is no consensus on the target of land use purposes and the system of planning criteria in regions and localities. Therefore, many departments and localities have not yet agreed on information and methods to apply effective urban planning management.
Indicators on development thresholds and development boundaries have not yet been developed and promulgated. The confusion between social infrastructure works for welfare and social infrastructure works together with the lack of reasonable spatial distribution leads to the failure to meet the needs of the urban population classes, while total spending remains redundant.
Urban planning database
The lack of basic database for research on urban development planning and management is a barrier to reducing the effectiveness of current urban planning projects. Currently, Vietnam does not have a unified specialized database system that is distributed among local departments. Not only the lack, the lack of database synchronization is also a challenge in urban planning.
Urban development management data includes maps, socio-economic, social infrastructure, technical infrastructure, environment, population – labor, land use.
Types of data: types of data on thematic maps, climate change data, and disaster warnings need to be supplemented in a timely and complete manner. With data on population land, technical infrastructure needs to be updated with in-depth and detailed information.
Data quality: Lack of feasibility in practical application due to insufficient updating, especially data on labor and housing.
Applying urban management technologies to improve management efficiency, including SDSS to help simulate a specific problem to aid in planning and help managers make more accurate decisions. However, there are still some difficulties in applying GIS in Vietnam, which are:
Machinery: The equipment has not been fully used by agencies and units to promote optimal efficiency. In some places, although investing in purchasing modern equipment, the application of information technology in planning is still quite limited.
Software: Many places use unlicensed software, which leads to security risks. The software used is mostly spontaneous.
Data: Currently, there is no standard framework on geographic basis. Therefore, the construction of data with GIS application is not uniform across the units. Data products are built to serve basic business expertise only.
People: Currently, there are not many units that train professional staff with high professional qualifications. The need for quality human resources is a key factor that makes the takeover, operation and development of GIS projects much more effective.
Mechanism: Currently, the law has not issued regulations on the application of GIS technology in the planning industry, so many projects have been abandoned or cannot be operated regularly because the software has only operated for a short time.
Transfer of land use rights in the area of planning
For land in the planning area; some rights of land users are restricted. Specifically, according to Clause 2, Article 49 of the 2013 Land Law:
“2. In case the land use planning has been published but there is no annual land use plan at the district level, the land user may continue to use the land and exercise the rights of the land user according to the provisions of law.
In case there is an annual land use plan of the district level, the land users in the area must change the land use purpose and recover the land according to the plan to continue exercising the rights of the land users but not to build new houses, works, plant perennial trees; if land users wish to renovate or repair existing houses or works, they must obtain permission from competent state agencies in accordance with law.”
Pursuant to the above provisions; when there is an annual land use plan of the district level; land users can still exercise their transfer rights; bequeathed to an inheritance, etc., and restricted for the construction of new houses; construction; perennial crops.
Related article
- Regulations of Vietnamese law on conditions for granting construction permits
- Additional terms of construction insurance in accordance with Vietnamese law
- Issuing construction permits for foreign contractors in Vietnam
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand personal information of client Lawyer X will be 100% confidential.
Please contact us immediately with questions about the “Indicators of land use for urban planning in Vietnam”
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “Indicators of land use for urban planning in Vietnam”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
Planning land is the land included in the land use plan in each locality, divided according to each use purpose and divided into each period in a certain period of time. For example, some popular land plans such as residential construction planning, railway planning, road construction planning, etc.
Urban planning land use norms are often adjusted to match reality. However, this must ensure that it does not affect the nature, architectural space, environment, landscape and ability to provide the technical and social infrastructure of the city.
Conclusion: So the above is Indicators of land use for 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
