Management of construction of systems of urban infrastructre facilities to planning in Vietnam
Vietnam law has regulations on management of construction of systems of urban infrastructre facilities to planning. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on management of land reserved for the construction of systems of urban technical infrastructure facilities in Vietnam? What are regulations on management of underground space? Thanks for answering my questions!”
Legal grounds
- 2009 Vietnam Law on Urban Planning
Management of land reserved for the construction of systems of urban technical infrastructure facilities
– Land reserved for the construction of the system of urban technical infrastructure facilities includes land for the construction of key works, lines or networks of technical infrastructure and land within the scope of protection and safety corridors.
– Land funds reserved for the construction of the system of technical infrastructure facilities already indicated in urban planning shall be used for proper purposes and may neither be encroached upon nor have their use purpose changed.
– People’s Committees at all levels shall manage land funds reserved for the construction of the system of urban technical infrastructure facilities.
Management of the construction of systems of urban technical infrastructure facilities in old and renovated urban centers
– People’s Committees at all levels shall make plans to build technical tunnels and trenches for laying underground technical wire lines.
– When investing in building new streets, renovating and expanding old streets in urban centers, it is necessary to concurrently build technical tunnels and trenches for installing underground wire lines and pipelines.
Management of construction of urban technical infrastructure systems in new urban centers and urban quarters
– The construction of roads under planning shall be carried out at the same time with building technical tunnels and trenches.
– Wire line works and technical pipelines shall be arranged and installed in technical tunnels and trenches.
– Investment in the construction of the system of technical infrastructure facilities must ensure synchronism under planning and the schedule of implementing urban development projects.
Management of underground space
– The exploitation and use of underground space for the construction of underground works must comply with approved urban planning.
– The management of the construction of works on the ground must not affect underground space already determined in approved urban planning.
Management of construction of underground works
– The construction of underground works must comply with underground space planning determined in approved urban planning; standards on underground works promulgated by the Ministry of Construction, planning licenses and construction permits.
– The construction of underground works-must not affect works on the ground and underground works and space already existing or determined in urban planning.
– The construction of transport routes and the system of public underground works must ensure safety and suitability with the exploitation and use of underground space and the ground; ensure convenient connection with traffic works underground and on the ground.
– The construction of technical tunnels and trenches must not affect the use of space on the ground and must ensure safe exploitation, operation, repair and maintenance.
– The Government shall specify the management of underground space.
Management of trees, parks, natural landscape and water surface
– Parks, flower gardens and trees in urban centers which are of cultural, historical, natural landscape and urban landscape value and have been included in management lists or indicated in urban planning must be assigned to organizations or individuals for management.
– The building of parks and flower gardens and planting of trees under urban planning must meet requirements on utility, beauty, safety and urban environment; and must not damage infrastructure facilities on the ground, overhead and underground.
– Lakes and natural water surface must not be encroached upon or other terrain characteristics must not be altered to prevent bad impacts on urban natural conditions and landscape.
– Organizations and individuals shall protect parks, flower gardens, trees, water surface and other natural areas in urban centers. The felling, destruction and relocation of trees on management lists and the leveling and change of terrains in natural areas are subject to permission of competent management agencies.
Principles of management of construction according to urban planning
– Organizations and individuals investing in the construction, renovation and repair of architectural works, technical and social infrastructure works and houses shall comply with approved detailed urban planning and the construction law.
– Existing construction works which are architecturally inappropriate but comply with urban planning are allowed to exist in their original conditions; in case of renovation, upgrading or repair, architectural requirements must be ensured under law.
– Existing construction works which are no longer in line with urban planning shall be relocated according to the plan and schedule of realizing urban planning. Pending relocation, if their owners wish to renovate, upgrade and repair them, competent state agencies shalI consider and grant temporary construction permits under the construction law.
Regulations on Introduction of sites
– Urban planning management agencies shall introduce construction investment sites to investors upon request.
– Sites recommended for construction investment must be in line with urban planning and suitable to the scope and nature of investment and save urban land, without affecting urban development and environment.
Regulations on Planning licenses
– Planning license is required in the following cases:
+ Cases specified in Clause – Article 52 of 2009 Vietnam Law on Urban Planning;
+ Investment projects on the construction of concentrated works in urban areas without zoning and detailed planning:
+ Investment projects on the construction of individual works in urban areas without detailed planning or urban design, except houses.
– Planning license serves as a basis for investors to prepare detailed planning tasks and detailed plans for investment projects on the construction of concentrated works or formulate investment projects for the construction of individual works in urban centers: and serves as a basis for competent state agencies to approve detailed planning and construction investment projects.
– The grant of planning licenses must be based on actual development control and management requirements of urban centers, standards on urban planning and regulations on management of urban planning and architecture.
– A planning license indicates the scope of the planned urban area, permitted norms on land use. requirements on land use exploitation and use. organization of architectural space, urban social and technical infrastructure on the ground and underground, protection of landscape and environment in the area in which the investor is assigned to invest, and its validity term.
– The licensing competence is prescribed as follows:
+ People’s Committees of provinces and centrally run cities shall grant planning licenses to projects in provincial urban centers in the cases stated at Points a and c and projects in urban centers stated at Point b. Clause 1 of this Article:
+ People’s Committees of rural districts, urban districts, towns and provincial cities shall grant planning licenses to projects not stated at Point a of this Clause.
– Organizations and individuals shall pay fees for the grant of planning licenses in accordance with the law on charges and fees.
– The Government shall specify planning licenses.
Management of development of new urban centers and urban quarters
– People’s Committees of provinces and centrally run cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.
People’s Committees of rural districts, urban districts, towns and provincial cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.
– The investment in constructing new urban centers and new urban quarters must ensure synchrony in social and technical infrastructure and public services and suit each period of development and implementation plans.
– The scope of a new urban center must be determined on the principles of meeting actual urban development requirements, investment purposes, investor’s capability of organizing project implementation and social benefits.
– People’s Committees of cities and towns shall organize the investment in the construction of technical infrastructure facilities outside the fences of new urban quarter projects to ensure convenient connection and transportation between new urban quarters and surrounding areas and other functional zones within urban centers.
– When implementing projects to construct new urban quarters, residential quarters and housing quarters, People’s Committees at all levels and investors stated in investment decisions of competent authorities shall reserve appropriate land funds for developing social houses in accordance with law.
– Project investors identified in investment decisions shall manage technical infrastructure systems, space and architecture according to approved urban planning within the boundaries of their projects, except for cases in which such management is transferred to People’s Committees.
Management of renovation or urban centers according to planning
When renovating or re-constructing an area within an urban center, it is necessary to save land, give priority to meeting on-spot resettlement needs of locals in the area; improve urban architectural, landscape and environmental conditions; comprehensively build and improve the quality of social and technical infrastructure systems and public services on the basis of balance and harmony with surrounding areas; protect cultural heritage, historical relics and traditional traits of urban centers and areas.
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Frequently asked questions
Land reserved for the construction of the system of urban technical infrastructure facilities includes land for the construction of key works, lines or networks of technical infrastructure and land within the scope of protection and safety corridors.
Land funds reserved for the construction of the system of technical infrastructure facilities already indicated in urban planning shall be used for proper purposes and may neither be encroached upon nor have their use purpose changed.
People’s Committees at all levels shall manage land funds reserved for the construction of the system of urban technical infrastructure facilities.
Conclusion: So the above is Management of construction of systems of urban infrastructre facilities to 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
