Vietnam law has regulations on organization and management of urban planning. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on Publicization of urban planning? What are regulations on Provision of information on urban planning? Thanks for answering my questions!”
Legal grounds
2009 Vietnam Law on Urban Planning
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.
Responsibility for publicizing urban planning
– People’s Committees of cities, towns and townships shall publicize general plans made for their cities, towns and townships.
– People’s Committees of urban districts and rural districts of centrally run cities. People’s Committees of provincial cities, towns and townships shall publicize zoning plans and detailed plans made for areas within the administrative boundaries under their management.
Provision of information on urban planning
– Urban planning management agencies at all levels shall provide information on approved urban planning for organizations and individuals upon request.
– The provision of information on urban planning shall be conducted in the forms of direct explanation, on the mass media and grant of planning certificates.
– Provided information must be based on approved urban plans and urban designs and promulgated regulations on management according to urban plan and urban design.
– Agencies providing information on urban planning shall take responsibility for the accuracy of documents and data provided by them.
Regulations on Grant of planning certificates
– Urban planning management agencies at all levels shall base themselves on approved urban plans and promulgated regulations on management according to urban plan and urban designs to grant planning certificates to organizations and individuals upon request.
– A planning certificate contains information on the boundary of the lot of land, land use function, area, red-line boundary and construction markers, construction densify, land use co-efficient, standard construction ground floor level and maximum and minimum heights of works; information on architecture, technical infrastructure system, environmental protection and other regulations.
– The validity duration of a planning certificate is the same as that of the approved urban plan.
Placement of markers according to urban planning
– Placement of markers under urban planning includes placement of markers of red-line boundaries, standard construction ground floor levels and boundaries of no-construction areas in the field according to approved marker placement dossiers.
– After urban plans are approved by competent agencies. People’s Committees at all levels shall:
+ Organize the compilation and approval of marker placement dossiers according to approved urban plans within 30 days from the date of approval of urban plans;
+ Organize the placement of markers in the field according to approved marker placement dossiers within 45 days from the date of approval of marker placement dossiers.
– Marker placement dossiers shall be prepared by specialized units.
– Urban planning management agencies at all levels shall preserve approved marker placement dossiers and provide marker-related documents to organizations and individuals upon request.
– When urban planning is adjusted, markers shall be also adjusted according to adjusted urban planning.
– Markers must be durable, easily noticeable, and safe for passing persons and vehicles and suitable to the terrain and geomorphology of the marked areas.
– The Ministry of Construction shall specify the placement and management of markers according to urban planning.
Principles of management of urban space, architecture and landscape
– Owners of architectural objects affecting urban space, architecture and landscape shall protect and maintain their objects in the course of exploitation and use to ensure their beauty, safety and harmony with surrounding space.
– The building, renovation, refurbishment, repair and dismantling of architectural objects and trees in public areas and premises of works and houses which affect urban space, architecture and landscape are subject to permission of competent management agencies.
– Before formulating investment projects on the construction of big works of important significance and status in urban centers, architectural designs must be selected through contests.
– The Government shall specify the management of urban space, architecture and landscape.
Responsibility for management of urban space, architecture and landscape
– The People’s Committees of cities, towns and townships shall comprehensively manage urban space, architecture and landscape within the administrative boundaries under their management.
– Urban planning management agencies shall assist the People’s Committees of cities, towns and townships in managing urban space, architecture and landscape.
Regulations on management of urban planning and architecture
– The People’s Committees of cities, towns and townships shall promulgate regulations on management of urban planning and architecture applicable to all urban centers under their management.
– Regulations on management of urban planning and architecture must conform with promulgated urban plans, regulations on management according to urban plan and urban design as well as practical conditions of urban centers.
– Regulations on management of urban planning and architecture must contain the following principal contents:
+ Regulations on organization of realization of urban planning and management of urban development, for areas with approved urban planning and urban designs and other areas in urban centers;
+ Regulations on management of urban architecture and space and encouraging and restricting measures;
+ Specific regulations on management and control of urban development;
+ Regulations on responsibilities of state agencies, organizations and individuals in organizing the realization of urban planning and managing urban development.
Principles of management and use of urban land
– Land of all categories in urban centers must be used for proper purposes and functions indicated in approved urban plans.
– Urban land management must comply with 2009 Vietnam Law on Urban Planning, the land law and other relevant laws.
Preparation of land funds for urban development according to planning
– People’s Committees of competent levels shall organize ground clearance for areas already planned for the construction of technical and social infrastructure facilities to serve public-interests in line with approved and publicized detailed planning.
– The recovery of land funds and compensation for people whose land is recovered comply with the land law. When land funds are recovered, land users are entitled to compensation for their property lawfully created before approved detailed planning is publicized.
– People’s Committees at all levels shall create favorable conditions for investors to properly implement investment planning and plans.
– When implementing projects to develop roads under approved planning, competent state agencies shall concurrently organize recovery of land along both sides of roads according to planning and hold auctions or bidding to select investors under law.
– The scope of construction investment projects must be determined to ensure suitability with the present status of land use and harmony between their objectives and urban refurbishment, preventing the emergence of land areas failing to meet construction requirements or affecting urban architecture and landscape.
– In case an investment project uses only part of a lot of land, if the remaining area is too small to meet use needs or affects urban architecture and landscape according to the Government’s regulations, the State shall recover it and pay compensation to its user.
– After the detailed planning is approved and publicized, pending the recovery by the State, organizations and individuals in the planned area may continue using it and conducting renovation, repair and temporary construction under the construction law.
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Frequently asked questions
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.
People’s Committees of cities, towns and townships shall publicize general plans made for their cities, towns and townships.
Urban planning management agencies at all levels shall provide information on approved urban planning for organizations and individuals upon request.
Conclusion: So the above is Organization and management of 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
