LAW

ON URBAN PLANNING

The Law on Urban Planning No. 30/2009/QH12 dated June 17, 2009 of the National Assembly, which comes into force from January 01, 2010, is amended by:

1. The Law on Local Government No. 77/2015/QH13 of the National Assembly dated June 19, 2015, which has been effective since January 01, 2016;

2. The Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019;

3. The Law on Architecture No. 40/2019/QH14 dated June 13, 2019 of the National Assembly, which has been effective since July 01, 2020.

4. The Law on Investment No. 61/2020/QH14 dated June 17, 2020 of the National Assembly, which has been effective since January 01, 2021.

Pursuant to the Constitution of the Socialist Republic of Vietnam 1992 amended by the Resolution No. 51/2001/QH10;

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Chapter I

GENERAL

Article 1. Scope

This Law provides for urban planning activities including formulating, appraising, approving and adjusting urban planning; organizing the implementation of urban planning and managing urban development according to the approved urban planning.

Article 2. Regulated entities

This Law applies to domestic and foreign organizations and individuals directly involved in or related to urban planning activities within the Vietnamese territory.

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “urban area” means an area with a high dense population mainly engaged in non-agricultural activities, which is a political, administrative, economic, cultural or specialized center playing the role of promoting the socio­economic development of a country, a territory or am area, and consists of inner city and suburbs of a city; inner town and outskirts of a town; and townships.

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3. “new city/district/town” means an area within an urban area which is newly built with technical and social infrastructure and houses.

4. “urban planning” means the organization of the space, architecture, urban landscape and technical and social infrastructural facilities and houses in order to create an appropriate living environment for people living in an urban area, which is expressed on an urban planning project.

5. “planning tasks” mean requirements concerning research contents and implementary organization, which are approved by competent authorities to form a basis for formulating an urban planning project.

6. “urban planning project” means a document reflecting the contents of urban planning, including drawings, mock-ups, descriptions and urban planning-based management regulations.

7. “general planning” means the organization of the space and technical and social infrastructural facilities and houses for an urban area suitable for its socio-economic development, ensuring national defense, security and sustainable development.

8. “zoning planning” means the division and determination of functions and quotas for use of land reserved for urban planning in the land areas and networks of technical infrastructural facilities and social amenities within an urban area in order to realize the general planning.

9. “detailed planning” means the division and determination of quotas for use of land reserved for urban planning, requirements for management of architecture and landscape of each lot of land; arrangement of technical and social infrastructural facilities in order to realize the zoning planning or general planning.

10. “urban planning period” means a specified period used as a basis for forecasting and calculating econo-technical norms for formulation of the urban planning.

11. “effective period of urban planning” means a period beginning from the time when the urban planning is approved to the time when it is adjusted or invalidated under a decision.

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13. “urban space” means a space covering urban architectural objects, trees and water surface in an urban area directly affecting urban landscape.

14. “urban landscape” means a specific space with various observation directions in an urban area such as the space in front of an architectural complex, a square, a street, a pavement, a footpath, a park, vegetation, a tree garden, a flower garden, a hill, a mountain, a hillock, an island, an islet, a natural land slope, a coastal strip, lake surface, river surface, a canal or a trench in an urban area and public space in an urban area.

15. “quota for use of land reserved for urban planning” means a quota for spatial and architectural development management which is determined for an area or a lot of land, including building density, land use co-efficient and maximum and minimum building height.

16. [3] (abolished)

17. [4] (abolished)

18. “frame technical infrastructure” means a system of main technical infrastructural facilities of an urban area, including arteries, energy transmission lines, water supply lines, water drainage lines, information and telecommunications lines and key technical works.

19. “underground space” means a space under the ground reserved for the construction of urban underground structures.

Article 4. Urban area classification[5]

1. Urban areas shall be classified into 6 grades, including special grade, first, second, third, fourth and fifth grade based on the following criteria:

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b) Population scale;

c) Population density;

d) Non-agricultural labor rate;

dd) Infrastructural development level.

2. The Government shall request the National Assembly Standing Committee to provide specific provisions on urban area classification over periods of socio-economic development.

Article 5. Principles of compliance with urban planning

Organizations and individuals shall comply with the approved urban planning and the regulations on management of architecture and architecture when implementing programs and plans on investment in urban construction and development, specialized plans within urban areas, urban land use plans, managing the implementation of construction projects in urban areas, managing urban space, architecture and landscape or carrying out other activities related to the urban planning[6].

Article 6. Requirements for urban planning

1. [7] Realize urban and area system planning, regional planning and provincial planning; conform to socio - economic development, national defense and security strategy; conform to national planning, regional planning and provincial planning; ensure publicity and transparency, and harmony of national interests, community interests and individual interests.

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3. Protect the environment, prevent catastrophes affecting the community, improve landscape, conserve cultural and historical sites/monuments and local traits by carrying out strategic environmental assessment in the course of formulating the urban planning.

4. Rationally exploit and use 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 security, national defense and security and sustainable development.

5. Ensure uniformity in architectural space, system of urban social infrastructure, technical infrastructure and underground space; harmoniously develop different areas in urban areas.

6. Meet the needs for houses, health, educational, cultural, sports and trade facilities, parks, trees, water surface and other social infrastructural facilities.

7. Meet the needs for technical infrastructure including roads, energy supply, public lighting, water supply and drainage, waste treatment, information and communications systems, and other technical infrastructural facilities; ensure smooth connection of technical infrastructure systems within urban areas and interconnection with regional, national and international technical infrastructural facilities.

Article 7. Sequence of formulation, appraisal and approval of urban planning

The urban planning shall be formulated, appraised and approved following the sequence below:

1. Determine urban planning tasks;

2. Appraise and approve the urban planning tasks;

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4. Appraise and approve the urban planning project.

Article 8. Rights and responsibilities of organizations and individuals for commenting on and supervising urban planning activities

1. Domestic organizations and individuals have the right to comment on and supervise urban planning activities.

2. Organizations and individuals have the responsibility to comment on issues concerning their scope of operations in urban planning activities.

3. Organizations responsible for urban planning activities shall facilitate the commenting on and supervision of urban planning activities.

4. Comments of organizations and individuals on urban planning activities must be consolidated, considered and publicized.

Article 9. Archiving and storage of urban planning project dossiers

1. Approved urban planning project dossiers shall be archived in accordance with regulations of law on archives.

2. Urban planning authorities and land authorities at all levels shall store urban planning project dossiers and provide documents on the urban planning project to organizations and individuals in accordance with law.

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Article 11. Selection of urban planning consultancies

1. The urban planning shall be formulated by a consultancy, which is selected through appointment or examination.

2. The Government shall specify forms of appointment and examination to select urban planning consultancies.

Article 12. Funding for formulating and organizing formulation of urban planning

1. Funding for formulating and organizing formulation of urban planning includes:

a) State funding used to formulate and organize formulation of general planning, zoning planning and detailed planning not covered by projects on construction of works for business purposes;

b) Funding provided by organizations and individuals for formulating and organizing formulation of planning covered by projects on construction of works for business purposes.

2. The State encourages domestic and foreign organizations and individuals to provide funding for formulation of urban planning.

3. State funding for formulating and organizing formulation of urban planning shall be used for:

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b) formulating, appraising and approving the urban planning;

c) managing the formulation of urban planning;

d) announcing urban planning and making it publicly available;

dd) planting boundary markers on the field according to the urban planning;

e) making regulations on management of architecture[9];

g) performing other tasks related to formulation and organization of formulation of the urban planning

4. The Government shall specify the use of funding for formulating and organizing formulation of urban planning.

Article 13. Contents of state management of urban planning

1. Formulating and providing instructions on realization of urban development orientations and strategies.

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3. Issuing regulations and standards on urban planning and regulations on management of architecture[10].

4. Managing urban planning activities.

5. Disseminating the law and information on urban planning.

6. Organizing and managing the provision of training for human resources, research and application of technologies in urban planning activities.

7. Conducting international cooperation in urban planning activities.

8. Carrying out inspections and settling complaints and denunciations and taking actions against violations in urban planning activities.

Article 14. Responsibility for state management of urban planning

1. The Government shall perform uniform state management of urban planning nationwide.

2. The Ministry of Construction shall take responsibility to the Government for performing state management of urban planning; preside over cooperating with regulatory bodies in performing state management of urban planning.

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4. People's Committees at all levels shall perform state management of urban planning within their areas as assigned by the Government.

Article 15. Urban planning inspectorate

1. The construction inspectorate shall exercise the functions of inspecting urban planning.

2. Rights and powers of the urban planning inspectorate are prescribed by the law on inspection.

Article 16. Prohibited acts

1. Failure to take responsibility to organize formulation of urban planning.

2. Selecting unqualified urban planning consultancies.

3. Formulating, appraising, approving and adjusting urban planning against the Law.

4. Illegally intervening in urban planning activities.

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6. [12] (abolished)

7. Refusing to provide information, except for information classified as state secret; providing incorrect information on urban planning.

8. Deliberately violating approved urban planning.

9. Destroying urban space, architecture and landscape.

10. Failure to plant boundary markers in designated places; displacing urban planning boundary markers.

11. Obstructing and harassing formulation and implementation of urban planning.

Chapter II

FORMULATION OF URBAN PLANNING

Section 1. ORGANIZING FORMULATION OF URBAN PLANNING

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Article 18. Types of urban planning

1. Types of urban planning are as follows:

a)[14] General planning which is tailored for central-affiliated cities, provincial-affiliated cities, district-level towns, commune-level towns and new urban areas.

General planning for a central-affiliated city which is formulated according to the provincial planning in a central-affiliated city in terms of spatial organization, technical and social infrastructure and residential houses in the central-affiliated city;

b) Zoning planning which is tailored for areas within cities, district-level towns and new urban areas;

c) Detailed planning which is tailored for areas to meet urban development and management requirements or needs for construction.

2. Technical infrastructure planning constitutes part of the general planning, zoning planning or detailed planning; regarding central-affiliated cities, the technical infrastructure planning is separately tailored as the specialized technical infrastructure planning project.

3. The Ministry of Construction shall prescribe dossiers on each type of urban planning.

Article 19. Responsibility for organizing formulation of urban planning

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2. Provincial People's Committees shall organize formulation of general planning for central-affiliated cities, general planning for new urban areas, specialized technical infrastructure planning for central-affiliated cities, zoning planning and detailed planning for areas involving at least two rural and/or urban districts, zones in new urban areas and areas of importance, except for the urban planning stated in Clause 1 and Clause 7 of this Article.

3. People's Committees of provincial-affiliated cities and district-level towns shall organize formulation of general planning for provincial-affiliated cities and district-level towns, zoning planning and detailed planning within the administrative divisions under their management, except for the urban planning stated in Clauses 1, 2 and 7 of this Article.

4. People's Committees of urban districts shall organize formulation of zoning planning and detailed planning within the administrative divisions under their management, except for the urban planning stated in Clauses 1, 2 and 7 of this Article.

5. People's Committees of rural districts of central-affiliated cities shall organize formulation of general planning, detailed planning for commune-level towns and detailed planning within the administrative divisions under their management, except for the urban planning stated in Clauses 1, 2 and 7 of this Article.

6. People's Committees of rural districts shall organize formulation of general planning, detailed planning for commune-level towns, except for the urban planning stated in Clauses 1, 2 and 7 of this Article.

7. Construction project investors shall organize formulation of detailed planning for areas in which they are assigned to invest.

Section 2. COLLECTION OF COMMENTS ON URBAN PLANNING

Article 20. Responsibility for collecting comments on urban planning

1. Authority in charge of organizing formulation of urban planning and construction project investors specified in Clause 7 Article 19 of this Law shall collect comments of relevant authorities, organizations, individuals and communities on urban planning tasks and projects.

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2. For urban planning tasks and projects approved by the Prime Minister, the Ministry of Construction shall collect comments of other relevant ministries and authorities and organizations at central level; relevant People's Committees shall collect comments under Clause 1 of this Article.

3. Planning consultancies shall collect comments of relevant authorities, organizations, individuals and communities on urban planning tasks and projects.

4. Contributed comments must be fully consolidated, received and reported to competent authorities for consideration before approval of the urban planning.

Article 21. Methods and time for collecting comments

1. Comments of relevant organizations and individuals shall be collected by submitting documents or holding conferences or workshops. The enquired organizations shall give written responses.

2. The comments of communities on general planning tasks and projects shall be collected by collecting their representatives’ comments through questionnaires. Representatives of communities shall consolidate communities' comments in accordance with regulations of law on application of workplace democracy.

3. Comments of communities on zoning planning and detailed planning tasks and projects shall be collected using feedback forms through public display or introduction of planning schemes on the mass media.

4. The time limit for collecting comments is at least 15 days for authorities and 30 days for organizations, individuals and communities.

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Article 22. Requirements for urban planning tasks

1. Urban planning tasks must determine development viewpoints and objectives in response to the requirements of each urban area and each target area to form a basis for set up an urban planning project.

2. Urban planning tasks must be approved by competent agencies under Articles 44 and 45 of this Law.

Article 23. Contents of urban planning tasks

1. General urban planning tasks must determine the nature and role of urban areas, basic requirements for conducting researches to exploit the development potential, driving force and orientations, urban expansion, arrangement of urban social and technical infrastructure in inner areas and suburbs: and requirements for strategic environmental assessment.

2. Zoning planning tasks must determine the boundary, area and nature of the area mentioned in the planning, expected population, expected norms for use of land and social and technical infrastructure; requirements and basic principles of dedicated area zoning to ensure conformity in terms of architectural space and connection of technical infrastructure with the approved general planning and surrounding areas; and requirements for strategic environmental assessment.

3. Detailed planning tasks must determine the limits of land use and population: requirements and principles of organization of architectural space, social and technical infrastructure in the planned area, ensuring conformity with approved general planning and zoning planning and suitability with adjacent areas; requirements for strategic environmental assessment.

4. If the planning is aimed at renovation and renewal of an urban area, the planning tasks must identify requirements for conducting researches to ensure that the urban area or the target area develops in a balanced and stable manner that preserves architectural space and characteristics of the urban area and improves the people's living conditions.

5. If the planning is tailored for a new urban area or new city/district/town, the planning tasks must identify requirements for conducting researches to ensure uniformity in and completeness of systems of social amenities and technical infrastructural facilities in the urban area and connection with technical infrastructure outside urban areas, and modern architectural space and living environment.

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Article 24. Bases for setting up an urban planning project

1. [15] Socio - economic development, national defense and security strategy, national planning, regional planning, provincial planning and technical and specialized planning at a higher level that have been approved.

2. [16] (abolished)

3. Approved urban planning tasks.

4. Regulation on urban planning and specialized regulations.

5. Topographic maps made by the authority in charge of survey and measurement.

6. Documents and data on economy and society of relevant areas and sectors.

Article 25. Projects on general planning for central-affiliated cities

1. Contents of a project on general planning for a central-affiliated city shall include development objectives and driving force, population size, land and basic norms on social and technical infrastructure of the city; development model, development structure of the space of the inner area and suburbs, including underground space; orientation for system of frame technical infrastructural facilities; strategic environmental assessment; priority investment programs and resources for execution thereof.

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3. The general planning for a central-affiliated city covers a period of 20 - 25 years and the orientations thereof cover a period of 50 years.

4. The approved project on general planning for a central-affiliated city serves as a basis for formulating the specialized urban technical infrastructure planning and zoning planning for the city.

Article 26. Projects on general planning for provincial-affiliated cities and district-level towns

1. Contents of a project on general planning project for a provincial-affiliated city or district-level town shall include development objectives and driving force, population size, land, norms on social and technical infrastructure; model and orientations for development of space of the inner area, suburbs, political-administrative, service, trade, cultural, education, training and health centers, green parks, physical training and sports facilities in the city or town; planning for system of aboveground, overhead and underground frame technical infrastructural facilities; strategic environmental assessment; priority investment plans and resources for implementation thereof.

2. Drawing of the project on general planning for a provincial-affiliated city or district-level town shall have a scale of 1/10,000 or 1/25,000. The planning project must clearly indicate the inner area and areas expected to be developed.

3. The project on general planning for a provincial-affiliated city or district-level town covers a period of 20 - 25 years.

4. The approved project on general planning for a provincial-affiliated city or district-level town serves as a basis for formulating zoning planning or detailed planning for areas and setting up a project on construction of frame technical infrastructure within the provincial-affiliated city or district-level town.

Article 27. Projects on general planning for commune-level towns

1. Contents of a project on general planning for a commune-level town shall include development objectives and driving force, population size, land and norms on social and technical infrastructure in the commune-level town; organization of urban space, planning for social infrastructural facilities and system of technical infrastructural facilities; strategic environmental assessment; priority investment plans and resources for implementation thereof.

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3. The project on general planning for a commune-level town covers a period of 10 - 15 years.

4. The project on general planning for a commune-level town serves as a basis for formulating detailed planning and setting up a project on construction of technical infrastructure within the commune-level town. 

Article 28. Projects on general planning for new urban areas

1. Contents of a project on general planning for a new urban area shall include analyzing and clarifying the bases for formation and development of the urban center; researching the model for development of space, architecture and environment suitable for the nature and functions of the urban center; determining development periods, implementation plans and projects aimed at creating a driving force for forming and developing a new urban area and an urban development management model; strategic environmental assessment.

2. Drawing of the project on general planning for a new urban area shall have a scale of 1/10,000 or 1/25,000.

3. The project on general planning for a new urban area covers a period of 20 - 25 years.

4. The approved project on general planning for a new urban area serves as a basis for formulating zoning planning or detailed planning for areas and setting up a project on construction of frame technical infrastructure within the new urban area.

Article 29. Zoning planning projects

1. Contents of a zoning planning project shall include functions of each lot of land; principles of organization of space, architecture and landscape for the entire area mentioned in the planning; norms on population, land use and technical infrastructure for each street block; arrangement of social infrastructural facilities suitable for their intended use; setting up a network of technical infrastructural facilities on each street in a manner that is suitable for each development period of the entire urban center; and strategic environmental assessment.

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3. The period of the zoning planning shall be determined on the basis of the period of the general planning and urban management and development requirements.

4. The approved zoning planning project serves as a basis for determining construction projects in the urban area and formulating detailed planning.

Article 30. Detailed planning projects

1. Contents of a detailed planning project shall include norms on population, social and technical infrastructure and requirements for organization of space and architecture of the entire area mentioned in the planning; arrangement of social infrastructural facilities suitable for their intended use; quotas for use of land and requirements on work architecture for each lot of land; setting up a network of technical infrastructural to the land lot boundaries; and strategic environmental assessment.

2. Drawing of the detailed planning project shall have a scale of 1/500.

3. The period of the detailed planning shall be determined on the basis of the period of the zoning planning, management requirement and investment demand.

4. The approved detailed planning project serves as a basis for granting construction permits and setting up construction projects.

Article 31. Formulating planning for renovation and renewal of urban areas; development of new cities/districts/towns and new trunk roads in urban areas

1. When formulating the planning for renovation and renewal of an urban area, it is required to evaluate the current use of land, social amenities, technical infrastructural facilities, cultural, social and environmental factors of the urban area and the target area in order to make appropriate revisions to economically and efficiently exploit and use urban land, ensure satisfaction of the needs for using social and technical infrastructure; preserve and promote urban identity, space, architecture and landscape.

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3. When formulating the detailed planning for new trunk roads in an urban area, the following requirements shall be fulfilled:

a) The target area must be at least 50 m outward from the red-line boundary of an expected road;

b) Land fund along both sides of a road shall be efficiently used; space, architecture and shape of works and the setback of each specific work shall be considered and the integrity and peculiarities of the area.

Article 32. Urban design

1. Urban design is part of an urban planning project, which is made under Clauses 1, 2 and 3 Article 33 of this Law.

2. In case land lots of an urban area have been stably used, it is not required to set up a planning project but a separate urban design project must be set up as a basis for managing construction and granting construction permits. Contents of the design project are specified in Clause 4 Article 33 of this Law.

3. The formulation, appraisal and approval of the design project shall comply with regulations applicable to detailed planning set out in Articles 19, 20, 21, 41, 42, 43, 44 and 45 of this Law.

Article 33. Contents of urban designs

1. An urban design in the general planning shall contain architectural and landscape areas in an urban area; proposed organization of space in centers and gateways, main spatial axis, large squares, greenery space, water surface and highlights in the urban area.

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3. An urban design in the detailed planning shall indicate key works in the target area on the basis of directions and storeys of works in each lot of land and the whole area; setback of works along each street and crossroad; dominant shapes, colors and forms of architectural structures; systems of trees, water surface and squares.

4. A separate urban design project shall indicate storeys of each work; setback of works along each street and crossroad; shapes, colors, materials and forms of architectural structures and other architectural objects; systems of public trees, garden yards, street trees and water surface.

Article 34. Regulations on urban planning project and urban design-based management

1. A regulation on urban planning project/urban design-based management refers to a regulation on quotas for use of land in each area or lot of land, technical specifications of technical infrastructure, organization of space, architecture and landscape in the target area.

2. On the basis of the drawing and description of the urban planning project or urban design, recommendations and solutions for implementing the urban planning, the planning or urban design consultancy shall make a regulation on urban planning project/urban design-based management and submit it to the authority approving the urban planning project or urban design.

3. The authority approving the urban planning project or urban design shall promulgate regulation urban planning project/urban design-based management.

Article 35. Contents of regulations on urban planning project and urban design-based management

1. A regulation on general planning project-based management shall contain at least:

a) Norms on construction area and density, land use coefficient and maximum and minimum height of works in each dedicated area in an urban area;

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c) Red-line boundaries of main streets and the minimum construction elevation in an urban area;

d) Locations, scales, safety perimeters and safety corridors of underground structures;

dd) Areas prohibited from construction; safety perimeters and safety corridors of technical infrastructural facilities; environmental protection measures;

e) Areas reserved for conservation and renewal of architectural structures, historical and cultural sites/monuments, scenic landscape and topography in an urban area.

2. A regulation on zoning planning project-based management shall contain at least:

a) Boundary, range and nature of the target area;

b) Locations, boundaries, nature and scales of dedicated areas in the target area; norms on building density, land use coefficients and maximum and minimum height and construction elevation applied to each street; red-line boundary, construction boundary and specific technical requirements applied to each road; safety perimeters and safety corridors of technical infrastructural facilities;

c) Major spatial axes and highlights in an urban area;

d) Locations, scales, safety perimeters and safety corridors of underground structures;

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3. A regulation on detailed planning project-based management shall contain at least:

a) Boundary and range of the target area;

b) Locations, boundaries, functions and scales of land lots in the target area; norms on building density, land use coefficients and maximum and minimum height and construction elevation applied to each land lot; height, floor and ceiling height of the ground storey; forms of architecture and fences of works, building materials; red-line boundary, construction boundary and specific technical requirements applied to each road and lane; safety perimeters and safety corridors of technical infrastructural facilities;

c) Locations, scales, safety perimeters and safety corridors of underground structures;

dd) Areas reserved for conservation, renovation and renewal of historical and cultural sites/monuments, scenic landscape, topography and environmental protection.

4. A regulation on urban plan project-based management shall contain at least:

a) Boundary and range of the target area;

b) Functions, building density and construction elevation applied to each lot of land; storey height, forms of architecture and fences of works, building materials; floor and ceiling height of the ground storey, and setback of works;

c) Public works, small architectural structures; architecture covering urban technical infrastructure;

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Section 5. URBAN TECHNICAL INFRASTRUCTURE PLANNING

Article 36. Items covered by urban technical infrastructure planning

Urban technical infrastructure planning shall cover the following items:

1. Urban transport;

2. Urban base height and surface water drainage;

3. Urban water supply;

4. Urban wastewater drainage;

5. Energy supply and urban lighting;

6. Information and communications;

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Article 37. Contents of urban technical infrastructure planning

1. Urban transport planning shall indicate land reserved for transport construction and development, locations and scales of key works; organization of the aboveground, overhead and underground urban transport system; and traffic safety perimeters and safety corridors.

2. Base height and urban surface water drainage planning shall indicate areas favorable for construction in each area and urban area; main basins for water drainage, and areas banned and restricted from construction; construction elevation, network of surface water drainage and key works; and measures for preventing and mitigating damage caused by natural disasters.

3. Urban water supply planning shall indicate the need for and selection of water sources; locations and scales of water supply works, including networks of transmission and distribution lines, water plants, cleaning stations, safety perimeters and safety corridors of water supply works.

4. Urban wastewater drainage planning shall indicate the total volume of wastewater, locations and scales of water drainage works, including networks of drainage pipelines, wastewater drainage plants and stations, sanitation distance from and safety corridors of urban wastewater drainage works.

5. Energy supply and lighting planning shall indicate needs for use of energy, supply sources, requirements on locations and scales of key works, transmission and distribution networks; safety corridors and safety perimeters of works; and comprehensive solutions for urban lighting.

6. Information and communications planning shall indicate information transmission routes, locations and scales of satellite stations, switchboards and auxiliary works.

7. Solid waste treatment planning shall indicate the total volume of solid waste, locations and scale of transfer depots, solid waste treatment facilities, auxiliary works and sanitation distance from solid waste treatment facilities.

8. Cemetery planning shall indicate demands for burial service, locations, scales and boundaries of cemeteries, dedicated area zoning, arrangement of technical infrastructural facilities and sanitation distance from cemeteries.

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1. The specialized technical infrastructure planning project stated in Clause 2 Article 18 of this Law shall be set up for each technical infrastructure in the whole urban area.

2. Contents of the specialized infrastructure planning project must comply with Articles 37 and 39 of this Law and conformable to the approved project on general planning for a central-affiliated city.

3. The period of specialized infrastructure planning project is the same as that of the general planning project.

4. The approved specialized technical infrastructure planning project serves as a basis for setting up a project on construction of urban frame technical infrastructure.

Section 6. STRATEGIC ENVIRONMENTAL ASSESSMENT UPON URBAN PLANNING

Article 39. Contents of strategic environmental assessment

1. Strategic environmental assessment is part of the general planning project, zoning planning, detailed planning and specialized technical infrastructure planning.

2. Strategic environmental assessment for the urban planning project shall focus on:

a) Assessment of the status of the urban environment regarding meteorology and hydrology, quality of water, air and ecosystem, geology, soil erosion; solid wastes, wastewater and noise; exploitation and use of natural resources, climate change; social issues, landscape, culture and heritage as a basis for producing urban planning solutions;

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c) Proposed comprehensive solutions for preventing, reducing and remedying environmental impacts and formulating an environmental monitoring plan.

3. The Government shall elaborate contents of strategic environmental assessment for the urban planning project.

Article 40. Appraising contents of strategic environmental assessment

1. The appraisal of contents of strategic environmental assessment shall be carried out in the course of appraising the urban planning.

2. Authorities appraising urban planning shall preside over and cooperate with environment authorities in appraising contents of strategic environmental assessment.

Chapter III

APPRAISAL AND APPROVAL OF URBAN PLANNING

Article 41. Authorities appraising urban planning tasks and projects

1. The Ministry of Construction shall appraise urban planning tasks and projects approved by the Prime Minister.

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3. [18] District-level urban planning managing authorities shall appraise urban planning tasks and projects approved by the district-level People’s Committee.

Article 42. Appraisal council

1. The Ministry of Construction shall decide to establish an appraisal council in the following cases:

a) The urban planning is approved by the Prime Minister;

b) The urban planning is of special political, socio­economic, cultural or historical importance and the Prime Minister assigns the Ministry of Construction to organize formulation thereof.

2. The Peoples Committee that has the power to approve urban planning shall decide to establish an appraisal council, except for the case in Clause 1 of this Article.

3. An appraisal council is composed of representatives of relevant regulatory bodies and socio-professional organizations.

Article 43. Contents of appraisal of urban planning tasks and projects

1. Appraisal of an urban planning task shall cover:

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b) Requirements for contents of each type of urban planning task specified in Article 23 of this Law.

2. Appraisal of an urban planning project shall cover:

a)[20] (abolished)

b) Bases for setting the urban planning project prescribed in Article 24 of this Law;

c) Conformity of the urban planning project with urban planning tasks and requirements prescribed in Article 6 of this Law and requirements for contents of each type of planning project prescribed in Sections 3, 4 and 5 Chapter II of this Law.

Article 44. The power to approve urban planning tasks and projects[21]

1. The Prime Minister shall approve tasks and projects on the following urban planning:

a) General planning for a central-affiliated city, general planning for a provincial-affiliated city that is an urban area of Grade I, general planning for a new urban area whose forecasted population size is equal to that of an urban area of at least Grade III and a new urban area that involves two or more provinces;

b) Planning for urban technical infrastructure of a central-affiliated city that is a special-grade urban area;

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2. People’s Committees of provinces and central-affiliated cities shall approve tasks and projects on the following urban planning:

a) General planning for provincial-affiliated cities, district-level towns, commune-level towns and new urban areas, except for the urban planning specified in Point a Clause 1 of this Article. Regarding projects on general planning for urban areas of Grade II, Grade III and Grade IV and new urban areas, it is required to obtain written consent of the Ministry of Construction before granting approval;

b) Urban technical infrastructure planning for central-affiliated cities, except for the planning specified in Point b Clause 1 of this Article, after obtaining written consent of the Ministry of Construction;

c) Zoning planning for special-grade and grade I urban areas; zoning planning and detailed planning for zones within an urban area that involves two or more urban/suburban districts, important zones, zones within new urban areas, except for the planning specified in Point c Clause 1 of this Article.

3. People’s Committees of provincial-affiliated cities, district-level towns and urban districts and People’s Committees of suburban districts affiliated to central-affiliated cities shall approve tasks and projects on zoning planning and detailed planning within the areas under their management, except for the urban planning specified in Clauses 1 and 2 of this Article, after obtaining written consent of the provincial authority managing urban planning.

4. People’s Committees of provincial-affiliated districts shall approve tasks and projects on detailed planning for district-level towns, except for the urban planning specified in Clauses 1 and 2 of this Article, after obtaining written consent of the provincial authority managing urban planning.

5. People’s Committees of cities, commune-level towns and district-level towns shall notify People's Councils at the same level of the general urban planning before a competent authority approves such planning.

Authorities in charge of formulating urban planning shall cooperate with People’s Committees of cities, commune-level towns and district-level towns in notifying People's Councils at the same level of their general urban planning.

6. The Government shall specify procedures for approving urban planning tasks and projects.

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1. Urban planning tasks and projects shall be approved in writing.

2. The written approval for urban planning must contain major contents of the project specified in Articles 23, 25, 26, 27, 28, 29, 30, 33, 37 and 39 of this Law and attached list of approved drawings.

Chapter IV

ADJUSTMENT TO URBAN PLANNING

Article 46. Urban planning review

1. Urban planning shall be periodically considered, reviewed and assessed during its implementation so as to make adjustments thereto in response to the socio-economic development in each period.

General planning and zoning planning shall be reviewed every 5 years and detailed planning every 3 years from the date on which the urban planning is approved.

2. People's Committees at all levels shall review approved urban planning.

3. Urban planning review results shall be reported in writing to the authority approving urban planning.

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Article 47. Conditions for adjusting urban planning

The urban planning may adjusted in any of the following cases:

1. [22] Adjustments to socio - economic development, national defense and security strategy, national planning, regional planning or provincial planning or adjustments to an administrative division greatly affect the nature, functions and scale of an urban area or target area;

2. A key project of national importance is formed, which greatly affects urban land use, environment and spatial and architectural layout;

3. The urban planning cannot be implemented or its implementation adversely affects the socio­economic development, national defense, security, social security, ecological environment, historical or cultural sites/monuments according to review or assessment results and the public’s opinions;

4. There is a change in climate, geology or hydrography;

5. It is adjusted in national and community interests.

Article 48. Rules for adjusting urban planning

1. Attention is paid to the contents to be adjusted while other contents already approved remain legally valid.

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Article 49. Types of adjustment to urban planning

1. Overall adjustment of urban planning:

a) Overall adjustment of urban planning shall be made when the nature, functions and scale of an urban area or an area mentioned in the detailed planning are changed or the expected adjustments change the structure and general orientations for development of the urban area; the nature, function, scale and major planning solutions of an area mentioned in the zoning and detailed planning:

b) Overall adjustment of urban planning must meet prescribed requirements, follow the socio-economic development trend and urban development orientations in the future, improve the quality of the urban living environment, infrastructure and landscape; ensure continuity and not greatly affect ongoing investment projects.

2. Partial adjustment of urban planning:

a) [23] Partial adjustment to urban planning shall be made when the expected adjustments do not change the nature, boundary and general orientations for development of an urban area; the nature, functions, scale and main planning solutions of the area mentioned in the zoning planning or detailed planning and do not overburden technical and social infrastructure of the area expected to be mentioned in the adjusted planning;

b) Partial adjustment must clearly identify the scope, extent and content of adjustment, ensure continuity and uniformity of the existing general planning, zoning planning or detailed planning of an urban area on the basis of analysis and clarification of reasons for adjustment, socio­economic benefits obtained from the adjustment; and solutions for tackling issues arising from the adjustment.

Article 50. Sequence of partial adjustment of urban planning

1. The authority organizing formulation of urban planning shall request the authority approving urban planning to grant approval for guidelines for overall adjustment to urban planning.

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Article 51. Sequence of partial adjustment to urban planning[24]

1. The authority organizing formulation of urban planning shall:

a) prepare a report on contents and plan for partial adjustment to the urban planning;

b) seek opinions of the residential community in the area expected to be mentioned in the adjusted planning and surrounding areas under the direct influence of the contents and plan for partial adjustment to the urban planning as prescribed in Section 2 Chapter II of this Law.

2. The urban planning managing authority specified in Article 41 of this Law shall appraise bases, conditions and contents related to partial adjustment to the planning.

3. The authority approving the urban planning shall consider deciding on partial adjustment to the urban planning in the opinion of the authority in charge of appraising the urban planning.

The decision on partial adjustment to urban planning shall contain adjustments and enclose a drawing.

4. The authority organizing formulation of the urban planning shall update and specify adjustments in the planning documentation. Partial adjustments to the urban planning shall be made publicly available as prescribed in Article 53 of this Law.

Article 52. Adjusting a lot of land in area mentioned in planning

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The Government shall elaborate this Clause.

2. The adjustment of boundary or some quotas for use of land specified in the urban planning must not affect the nature, architectural space, landscape, environment and capacity of the urban area and area for providing technical and social infrastructure

Chapter V

ORGANIZING FORMULATION OF URBAN PLANNING AND MANAGING URBAN DEVELOPMENT ACCORDING TO URBAN PLANNING

Section 1. ORGANIZING FORMULATION OF URBAN PLANNING

Article 53. Publishing urban planning

1. [27] Within 15 days from the date on which the planning is approved by a competent authority, the urban planning project shall be published as follows:

a) Publish information about the planning on mass media and websites of the authority organizing formulation of the planning and authority formulating planning;

b) Organize conferences and seminars on publishing of urban planning with the participation of representatives of relevant organizations, Vietnamese Fatherland Front and representatives of the people in the area mentioned in the planning and news agencies;

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d) Print and release urban planning maps and regulations on management of approved urban planning.

2. [28] It is required to publish all contents of the urban planning project and regulatory regulations laid down according to the promulgated urban planning project and design, except contents related to national defense, security and state secrets.

3. Urban planning managing authorities shall fully update the execution of approved urban planning projects for timely publicization by competent authorities.

Article 54. Responsibility for publishing urban planning

1. People's Committees of cities, district-level towns and commune-level towns shall publish projects on general planning tailored for their cities, district-level towns and commune-level towns.

2. People's Committees of urban districts and rural districts of central-affiliated cities, People's Committees of provincial-affiliated cities, district-level towns and commune-level towns shall publish projects on zoning and detailed planning tailored for areas within the administrative divisions under their management.

Article 55. Provision of information on urban planning

1. Urban planning managing authorities at all levels shall provide information on approved urban planning to organizations and individuals upon request.

2. [29] Information about urban planning shall be provided:

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b) through physical or electronic documents at the request of an organization or individual;

c) through websites of urban planning authorities and mass media;

d) by releasing publications about the planning.

3. [30] People’s Committees at all levels shall organize the receipt, processing and provision of information upon request. Information shall be provided according the approved urban planning and urban design and management regulations laid down according to the promulgated urban planning project and urban design.

In the cases where information is provided in writing, within 15 days from the date of receiving the request, the urban planning managing authority shall provide information to the applicant.

4. The authority providing information on urban planning shall take responsibility for the accuracy of the documents and data provided.

Article 56. [31] (abolished)

Article 57. Planting of boundary markers according to urban planning

1. Planting of boundary markers according to urban planning includes planting of red-line boundaries, construction boundaries, construction elevation, boundaries of areas prohibited from construction in the field according to the approved dossier on planting of boundary markers.

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a) organize the compilation and approval of the dossier on planting of boundary markers according to the approved urban planning within 30 days from the date of approval of the urban planning;

b) organize planting of boundary markers in the field according to the approved dossier on planting of boundary markers within 45 days from the date of approval of the dossier on planting of boundary markers.

3. Dossiers on planting of boundary markers shall be compiled by specialized units.

4. Urban planning managing authorities at all levels shall archive dossiers on planting of boundary markers and provide documents concerning boundary markers to organizations and individuals upon request.

5. When the urban planning is adjusted, boundary markers shall be also adjusted according to the adjusted urban planning.

6. Boundary markers must be durable, easily noticeable, and safe for humans and vehicles and suitable for the terrain and geomorphology of the areas where boundary markers are planted.

7. The Ministry of Construction shall set out specific regulations on planting and management of boundary markers according to urban planning.

Section 2. MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE

Article 58. Rules for management of urban space, architecture and landscape

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2. The construction, renovation, renewal, repair and dismantling of architectural objects and trees in public areas and within works and houses which affect urban space, architecture and landscape are subject to permission by competent authorities.

3. Before setting up a project on construction of large-scale works of important significance in an urban area, architectural designs must be selected through contests.

4. The Government shall set out specific regulations on management of urban space, architecture and landscape.

Article 59. Responsibility for management of urban space, architecture and landscape

1. People's Committees of cities, district-level towns, commune-level towns shall comprehensively manage urban space, architecture and landscape within the administrative boundaries under their management.

2. Urban planning managing authorities shall assist the People's Committees of cities, district-level towns, commune-level towns in managing urban space, architecture and landscape.

Article 60. [32] (abolished)

Section 3. MANAGEMENT AND USE OF URBAN LAND ACCORDING TO PLANNING

Article 61. Rules for management and use of urban land

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2. Urban land management must comply with this Law, the land law and other relevant legal documents.

Article 62. Preparation of land for urban development according to planning

1. People's Committees at competent levels shall organize land clearance in the areas already reserved for the construction of technical and social infrastructural facilities in service of public interests in order to implement the approved and announced detailed planning.

2. The expropriation of land and provision of compensation for people whose land is expropriated shall comply with the land law. Upon expropriation, land users shall be provided with compensation for their property lawfully created before the approved detailed planning is publicized.

3. People's Committees at all levels shall enable investors to properly implement the planning and investment plan.

4. When executing a project on development of roads according to the approved planning, the competent authority shall concurrently organize expropriation of land along both sides of roads according to the planning and hold an auction or bidding to select investors under the law.

5. The scope of a construction project must be determined in a manner that ensures its relevance to current use of land and harmony between its objectives and urban renewal so as to prevent the development of land failing to meet construction requirements or affecting urban architecture and landscape.

6. Where an investment project uses only part of a plot of land, if the remaining area is too small to meet the need or affects urban architecture and landscape according to the Government's regulations, the State shall expropriate it and pay compensation to its user.

7. After the detailed planning is approved and announced, if the State has yet to expropriate land, organizations and individuals in the target area may continue to use it and conduct renovation, repair and temporary construction under the construction law.

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Article 63. Management of land reserved for the construction of urban technical infrastructural facilities

1. Land reserved for the construction of urban technical infrastructure includes land for the construction of key works, lines or networks of technical infrastructure and land within the safety perimeters and safety corridors.

2. Land reserved for the construction of technical infrastructural facilities already mentioned in the urban planning shall be used for intended purposes and may neither be encroached upon nor repurposed.

3. People's Committees at all levels shall manage land reserved for the construction of urban technical infrastructural facilities.

Article 64. Management of construction of urban technical infrastructure old and renovated urban areas

1. People's Committees at all levels shall formulate plans to build technical tunnels and trenches for laying underground technical lines.

2. When building new streets, renovating and expanding old streets in urban areas, it is necessary to concurrently build technical tunnels and trenches for installing underground lines and pipelines.

Article 65. Management of construction of urban technical infrastructure in new urban areas and new cities/districts/towns

1. The construction of roads under planning shall be carried out together with building technical tunnels and trenches.

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3. The construction of technical infrastructural facilities must be carried out in a manner that is consistent with the planning and the progress of urban development projects.

Article 66. Management of underground space

1. The exploitation and use of underground space for the construction of underground structures must comply with approved urban planning.

2. The management of construction of aboveground structures must not affect underground space already mentioned in the approved urban planning.

Article 67. Management of construction of underground structures

1. [33] Underground structures shall be constructed according to the underground space planning specified in the approved urban planning, Regulation on construction of underground structures promulgated by the Ministry of Construction and construction permit.

2. The construction of underground structures must not affect aboveground and underground structures and existing underground space or underground already mentioned in the urban planning.

3. The construction of transport routes and public underground structures must ensure safety and relevance to the exploitation and use of underground and aboveground space; and facilitate connection with underground and aboveground traffic works.

4. The construction of technical tunnels and trenches must not affect the use of aboveground space and must be safe for exploitation, operation, repair and maintenance.

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Article 68. Management of trees, parks, natural landscape and water surface

1. Parks, flower gardens and trees in urban areas which are of cultural, historical, natural landscape and urban landscape value and have been included in lists or urban planning must be assigned to organizations or individuals for management purpose.

2. The building of parks and flower gardens and planting of trees under urban planning must meet requirements concerning utility, beauty, safety and urban environment; and must not damage aboveground, overhead and underground infrastructure constructions.

3. Lakes and natural water surface must not be encroached upon or other terrain characteristics must not be altered to prevent adverse impacts on urban natural conditions and landscape.

4. Organizations and individuals shall protect parks, flower gardens, trees, water surface and other natural areas in urban areas. The cutting, destruction and relocation of trees already included in lists and the leveling and change of terrains in natural areas are subject to permission by competent authorities.

Section 5. MANAGEMENT OF CONSTRUCTION ACCORDING TO URBAN PLANNING

Article 69. Rules for management of construction according to urban planning

1. [34] Organizations and individuals building, renovating and repairing architectural structures, technical infrastructural facilities, social amenities and houses must adhere to the approved detailed planning, regulations on management of architecture and law on construction.

2. Existing construction works which are not architecturally inappropriate but are conformable with the urban planning are allowed to remain unchanged; in case of renovation, upgrading or repair thereof, architectural requirements must be satisfied under law.

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Article 70. Introduction of sites

1. Urban planning managing authorities shall introduce construction sites to investors upon request.

2. The sites recommended for construction must be conformable with the urban planning and the scope and nature of investment and ensure land use efficiency without affecting urban development and environment.

Article 71. [35] (abolished)

Article 72. Management of development of new urban areas and new cities/districts/towns

1. People's Committees of provinces and central-affiliated cities shall, according to the planning, manage the development of new urban areas within the administrative boundaries under their management.

People's Committees of rural districts, urban districts, district-level towns and provincial-affiliated cities shall, according to the planning, manage the development of new cities/districts/towns within administrative boundaries under their management.

2. The construction of new urban areas and new cities/districts/towns must ensure uniformity in social and technical infrastructure and public services and be relevant to each development period and implementation plan.

3. The scope of a new city/district/town project must be determined on the principles of meeting actual urban development requirements, investment purposes, investor's capacity for organizing project execution by and social benefits.

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5. When executing projects on construction of new urban areas, residential areas and living quarters, People's Committees at all levels and investors stated in investment decisions of competent authorities shall reserve appropriate land for developing social houses in accordance with law.

6. [36] Project owners identified in investment decisions shall manage technical infrastructure, space and architecture according to the approved urban planning, regulations on management of architecture within the boundaries of project sites, except if management tasks are assigned to People’s Committees.

Article 73. Management of renovation of urban areas according to planning

When renovating or re-constructing a zone within an urban area, it is necessary to ensure land use efficiency, give priority to meeting the people’s demands for relocation at the old site; improve urban architecture, landscape and environment; comprehensively build and improve the quality of social and technical infrastructure and public services in harmony with surrounding areas; protect cultural heritage, historical sites/monuments and traditional identity of the urban area and surrounding areas.

Chapter VI

IMPLEMENTATION CLAUSE[37]

Article 74. Effect

1. This Law comes into force from January 01, 2010.

2. From the effective date of this Law, the provisions of the Law on Construction regarding planning for construction of urban areas and zones within urban areas are replaced with the provisions of this Law.

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Urban construction planning approved before the effective date of this Law are not required to be re-formulated, re-assessed and re-approved; the organization of implementation, development management and adjustment to such planning shall comply with this Law.

Article 76. Elaboration

The Government shall elaborate and provide guidelines for Articles and Clauses of this Law as assigned; and provide guidance on other necessary regulations of this Law to meet state management requirements./.

CERTIFIED BY

THE CHAIRMAN




Nguyen Hanh Phuc

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 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Local Government Organization.”.

The Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws is promulgated pursuant to:

 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on amendments to some Articles concerning planning of the Law on Road Traffic No. 23/2008/QH12, Vietnam Maritime Code No. 95/2015/QH13, Law on Railway Transport No. 06/2017/QH14, Law on Inland Waterway Transport No. 23/2004/QH11 whose Articles are amended by the Law No. 48/2014/QH13 and Law No. 97/2015/QH13, Law on Water Resources No. 17/2012/QH13 whose Articles are amended by the Law No. 08/2017/QH14, Law on Land No. 45/2013/QH13, Law on Environmental Protection No. 55/2014/QH13, Law on Minerals No. 60/2010/QH12, Law on Hydrometeorology No. 90/2015/QH13, Law on Biodiversity No. 20/2008/QH12, Law on Natural Resources and Environment Of Sea and Islands No. 82/2015/QH13, Law on Measurement No. 04/2011/QH13, Law on Technical Standards and Regulations No. 68/2006/QH11, Law on Quality of Products and Goods No. 05/2007/QH12, Law on Cyberinformation Security No. 86/2015/QH13, Law on Publishing No. 19/2012/QH13, Press Law No. 103/2016/QH13, Law on National Defense and Security Education No. 30/2013/QH13, Law on Management and Utilization of State Capital Invested in the Enterprises’ Manufacturing and Business Operations No. 69/2014/QH13, Law on Thrift Practice and Waste Combat No. 44/2013/QH13 whose Articles are amended by the Law No. 21/2017/QH14, Law on Securities No. 70/2006/QH11 whose Articles are amended by the Law No. 62/2010/QH12, Law on Cinematography No. 62/2006/QH11 whose Articles are amended by the Law No. 31/2009/QH12, Law on Advertising No. 16/2012/QH13, Law on Construction No. 50/2014/QH13 whose Articles are amended by the Law No. 03/2016/QH14, Law on Urban Planning No. 30/2009/QH12 whose Articles are amended by the Law No. 77/2015/QH13, Law on Petroleum 1993 whose Articles are amended by the Law No. 19/2000/QH10 and the Law No. 10/2008/QH12, Labor Code No. 10/2012/QH13 whose Articles are amended by the Law No. 92/2015/QH13, Law on Social Insurance No. 58/2014/QH13, Law on Health Insurance No. 25/2008/QH12 whose Articles are amended by the Law No. 32/2013/QH13, Law No. 46/2014/QH13 and Law No. 97/2015/QH13, Law on Prevention and Control of Infectious Diseases No. 03/2007/QH12, Law on Judicial Expertise No. 13/2012/QH13 and Law on Protection of Consumers’ Rights No. 59/2010/QH12.”.

The Law on Architecture No. 40/2019/QH14 is promulgated pursuant to:

 “The Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Architecture.”.

The Law on Investment No. 61/2020/QH14 is promulgated pursuant to:

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The National Assembly hereby promulgates the Law on Investment.”.

[2] This Clause is amended by Clause 1 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[3] This Clause is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[4] This Clause is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[5] This Article is amended by Article 140 of the Law on Local Government Organization, which has been effective since January 01, 2016.

^[6] The phrase “quy chế quản lý quy hoạch, kiến trúc đô thị” (“regulations on management of urban planning and architecture”) in Point c Clause 3 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective since July 01, 2020, is replaced with “quy chế quản lý kiến trúc” (“regulations on management of architecture”).

[7] This Clause is amended by Clause 2 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[8] This Article is abolished by Clause 6 Article 75 of the Law on Investment No. 61/2020/QH14, which comes into force January 01, 2021.

[9] The phrase “quy chế quản lý quy hoạch, kiến trúc đô thị” (“regulations on urban planning and architecture management”) is replaced with “quy chế quản lý kiến trúc” (“regulations on architecture management”) according to Point c Clause 3 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective from July 01, 2020.

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[11] This Clause is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[12] This Clause is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[13] This Article is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[14] This Point is amended by Clause 3 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[15] This Clause is amended by Clause 4 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[16] This Clause is abolished by Clause 4 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[17] This Clause is amended by Clause 5 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[18] This Clause is amended by Clause 5 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[19] This Point is amended by Clause 6 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

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[21] This Article is amended by Clause 7 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[22] This Clause is amended by Clause 8 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[23] This Point is amended by Clause 9 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[24] This Article is amended by Clause 10 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[25] This Clause is amended by Clause 11 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[26] The phrase “quy chế quản lý quy hoạch, kiến trúc đô thị” (“regulations on urban planning and architecture management”) is replaced with “quy chế quản lý kiến trúc” (“regulations on architecture management”) according to Point c Clause 3 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective from July 01, 2020.

[27] This Clause is amended by Clause 12 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[28] This Clause is amended by Clause 12 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[29] This Clause is amended by Clause 13 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

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[31] This Article is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[32] This Article is abolished by Point c Clause 2 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective since July 01, 2020.

[33] This Clause is amended by Clause 14 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[34] This Clause is amended by Point a Clause 2 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective since July 01, 2020.

[35] This Article is abolished by Clause 15 Article 29 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019.

[36] This Clause is amended by Point b Clause 2 Article 39 of the Law on Architecture No. 40/2019/QH14, which has been effective since July 01, 2020.

[37] Articles 141, 142 and 143 of the Law on Local Government Organization No. 77/2015/QH13, which has been effective since January 01, 2016, stipulate that:

 “Article 141. Effect

This Circular comes into force from January 01, 2016.

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Article 142. Transitional clauses

1. From the effective date of this Law to the date on which the election of the People’s Council holding the term 2016 – 2021 is complete, the People’s Council and the People’s Committee of administrative units shall continue to keep their organizational structure unchanged and implement duties and powers stipulated by the Law on Organization of the People’s Council and the People’s Committee No. 11/2003/QH11.

2. The pilot cancellation of organization of the People’s Council of suburban districts, urban districts and wards in accordance with the Resolution No. 26/2008/QH12 of the National Assembly, the Resolution No. 724/2009/UBTVQH12 of the National Assembly Standing Committee since January 1, 2016 shall be terminated. The People’s Committee of suburban districts, urban districts and wards of which the People’s Council is not organized shall continue to keep its organizational structure unchanged and implement duties and duties in accordance with the Law on Organization of the People’s Council and the People’s Committee No. 11/2003/QH11, the Resolution No. 26/2008/QH12 of the National Assembly and the Resolution No. 725/2009/UBTVQH12 of the National Assembly Standing Committee, until the local government of these suburban districts, urban districts and wards is elected in accordance with this Law.

Article 143. Specific provisions and guidance on implementation

The National Assembly Standing Committee and the Government shall specify articles and clauses enshrined in the Law and provide guidance on implementation of this Law.”.

Article 31 of the Law No. 35/2018/QH14 on amendments to some Articles concerning planning of 37 Laws, which has been effective since January 01, 2019, stipulates that:

 “Article 31. Effect

This Circular comes into force from January 01, 2019.”.

Articles 40 and 41 of the Law on Architecture No. 40/2019/QH14, which has been effective since July 01, 2020, stipulate that:

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This Circular comes into force from July 01, 2020.

Article 41. Transitional clauses

1. Regulations on management of urban planning and architecture already approved under the provisions of the Law on Urban Planning prior to the entry into force of this Law may be continue to exist till end of December 31, 2021.

2. Construction architectural design tests or selections governed under the provisions of the Law on Construction with the selection plan already approved prior to the entry into force of this Law may be continued to exist till end of December 31, 2021.

3. Construction practicing certificate granted a person providing construction architectural design and construction architectural design evaluation services under law on construction may be valid till end of the expiry date, unless otherwise prescribed in clause 4 of this Article.

4. If construction practicing certificate granted a person providing construction architectural design and construction architectural design evaluation services expires within the period from July 1, 2020 to end of December 31, 2020, it may be continued to exist till end of December 31, 2020; in case of being lost or damaged, it will be reissued in accordance with law on construction.”.

Articles 76 and 77 of the Law on Investment No.61/2020/QH14, which comes into force from July 01, 2021, stipulate that:

 “Article 76. IMPLEMENTATION CLAUSE

1. This Law comes into force from January 01, 2021, except for the regulations set out in Clause 2 of this Article.

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3. The Law on Investment No. 67/2014/QH14 amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14 shall cease to have effect from the effective date of this Law, except for Article 75 of the Law on Investment No. 67/2014/QH14.

4. Individuals who are Vietnamese citizens may use their personal identification numbers instead of copies of their identity cards/citizen identity cards, passports or other personal identification documents upon following administrative procedures set out in the Law on Investment and Law on Enterprises if the national population database is connected to the national investment and enterprise registration database.

5. Any legislative document that refers to regulations on project approval decisions or investment guideline decisions in accordance with the Law on Investment shall be implemented in accordance with the regulations on investment guideline approval of this Law.

Article 77. Transitional clauses

1. Investors that were issued with investment licenses, investment incentive certificates, investment certificates or investment registration certificates before the effective date of this Law shall execute their investment projects in accordance with such investment licenses, investment incentive certificates, investment certificates or investment registration certificates.

2. Investors are not required to follow procedures for approval for investment guidelines in accordance with this Law with respect to the investment projects in one of the following cases:

a) The investors obtained investment guideline decisions, investment guideline approval or investment approval in accordance with regulations of laws on investment, housing, urban areas and construction before the effective date of this Law;

b) The investors have started execution of projects that are not subject to approval for their investment guidelines, investment guideline decision or investment guideline or issuance of the investment registration certificate in accordance with regulations of laws on investment, housing, urban areas and construction before the effective date of this Law;

c) Investors won the bidding for investor selection or the land use right auction before the effective date of this Law;

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3. If an investment project specified in Clause 2 of this Article is adjusted and the adjustments are subject to approval for investment guidelines in accordance with this Law, the procedures mentioned in this Law must be followed to obtain approval for investment guidelines or adjust investment guidelines.

4. Any investment project executed or approved or allowed to be executed in accordance with regulations of law before July 01, 2015 and subject to project execution security as prescribed in this Law is not required to have a deposit or a bank guarantee. If the investor adjusts the objectives or schedule for execution of the investment project or repurposes land after the effective date of this Law, the investor must pay a deposit or obtain a bank guarantee in accordance with this Law.

5. Any debt collection service contract concluded before the effective date of this Law shall cease to have effect from the effective date of this Law; and the parties to such contract may carry out activities to liquidate the contract in accordance with the civil law and other relevant regulations of law.

6. Foreign-invested business entities to which market access conditions more favorable than those prescribed in the List promulgated under Article 9 of this Law are applied may continue to apply the conditions set out in their issued investment registration certificate.

7. The regulation in Clause 3 Article 44 of this Law applies to both investment projects to which land was allocated before the effective date of this Law and projects to which land has not yet been allocated.

8. In the event that the law stipulates that documentation serving administrative procedures must consist of an investment registration certificate or written approval for investment guidelines but the investment project is not subject to issuance of an investment registration certificate or written approval for investment guidelines as prescribed in this Law, the investor is not required to submit an investment registration certificate or written approval for investment guidelines.

9. With respect to areas which have difficulties in providing land for development of residential housing, service facilities and public utilities for employees working in industrial parks, the competent authority may adjust the planning for construction of industrial zones (for industrial parks established before July 01, 2014) to reserve part of the land area for development of residential housing, service facilities and public utilities for employees working in the industrial parks.

After adjustment of the planning, the land area for development of residential housing, service facilities and public utilities for employees working in an industrial park must be outside the geographical boundary of the industrial park and must ensure an environmental safety distance in accordance with the law on construction and other relevant regulations of law.

10. Grandfather clauses on outward investment activities:

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b) Any investor issued with an outward investment license or certificate or outward investment registration certificate to make outward investment in a conditional business line subject to conditional outward investment in accordance with this Law may continue to make investment according to the issued outward investment license or certificate or outward investment registration certificate.

11. From the effective date of this Law, if any document has been received and the deadline for processing thereof has expired but the results have not been returned in accordance with the Law No. 67/2014/QH14 on Investment amended by the Law No.  90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law 42/2019/QH14, such document shall continue to be processed in accordance with Law 67/2014/QH14 on Investment amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14.

12. The Government shall elaborate this Article.”.

Văn bản hợp nhất 16/VBHN-VPQH năm 2020 hợp nhất Luật Quy hoạch đô thị do Văn phòng Quốc hội ban hành