Vietnam: Introduction of the Law on Urban Planning to assist new and existing developments

Vietnam has been developing into an industrialized country since the 1980s. During this development process, new urban areas have been built to replace rural areas. Therefore, the Vietnamese Assembly has issued the Law on Urban Planning No. 30/2009/QH12 dated 17 th June 2009 to create a legal basis to manage the development of new urban areas. This Law provides urban planning guidelines for new development and sets standards for existing developments.

The Law consists of 6 chapters and 76 Articles, the relevant parts of which are described below:

Chapter 1

1. This Law applies to domestic and foreign organizations and individuals directly involved in or related to urban planning activities in Vietnam.
2. This chapter also defines the terms used in this law such as urban center, new urban center, new urban quarter, urban planning, planning tasks, urban plan, general planning, zoning planning, detailed planning, urban planning period, validity period of urban planning, urban architecture, urban space, urban landscape, norms on the use of planned urban land, planning certificate, planning license, framework and underground space.
   
   As provided in this chapter, urban planning includes the organization of the space, architecture, urban landscape and system of technical and social infrastructure facilities and houses in order to create an appropriate living environment for people living in an urban center.
3. Requirements of urban planning
4. 1. To ensure that urban planning meets short term and long term requirements, this law proscribes the following specific requirements:To ensure consistency between the master plan and the national system of urban centers and related regional plans; to comply with the objectives of the strategy and master plan on socio-economic development, defense and security; to ensure consistency with branch development plans within urban centers; to ensure publicity and transparency and harmonious combination of the interests of the nation, communities and individuals.
   2. To make scientific forecasts, meet practical requirements and be in line with the urban development trend; to observe urban planning regulations and other related ones.
   3. To protect the environment, prevent catastrophes from affecting the community, improve landscape, conserve cultural and historical relics and local traits through strategic environmental assessment in the course of urban planning.
   4. To reasonably utilize natural resources, restrict the use of agricultural land, economically and efficiently use urban land in order to create resources for urban development, economic growth, assurance of social welfare, defense and security and sustainable development.
   5. To ensure consistency between architectural designs with surrounding systems of urban social and technical infrastructure and underground space; to harmoniously develop different areas in urban centers.
   6. To meet the needs for houses, health, educational, cultural, sports and trade facilities, parks, trees, water surface and other social infrastructure facilities.
   7. To meet the needs for technical infrastructure including systems of roads, energy supply, public lighting, water supply and drainage, waste treatment, information and communication, and other technical infrastructure facilities; to ensure smooth connection of technical infrastructure systems within urban centers and compatibility with regional, national and international technical infrastructure facilities.

4. Funds for urban planning and realization of urban planning
   
   This law provides that the State budget shall include funds for urban planning activities.
   
   Organizations and individuals which undertake construction projects for business purposes shall also be required to provide funds for urban planning purposes. The State also encourages domestic and foreign organizations and individuals to finance urban planning.

Chapter 2

This chapter describes the different types of urban planning activities and describes the responsibilities associated with each of these activities.

1. There are three types of urban planning activities:

2. Urban planning responsibilities
   
   
3. The law proscribes responsibilities for different parties within the government as follows:
   
   The Ministry of Construction shall assume the prime responsibility for organizing general planning for new urban centers of a planning scope related to the administrative boundaries of two or more provinces and centrally run cities, general planning for new urban centers with a projected population equal to that of urban centers of grade III or higher, and other planning assigned by the Prime Minister. It shall coordinate these activities with the People's Committees of provinces and centrally run cities.
   
   

Chapter 3: Evaluation and approval of urban planning

This describes the different evaluation and approval processes associated with urban planning.

1. The contents of urban planning evaluations
   
   Urban planning evaluations ensure that development projects comply with guidelines for socio-economic development, defense and security requirements, and higher-level urban planning requirements.
2. Urban planning evaluations apply to urban planning consultancy organizations. Different plans have different requirements that must be met. This law also provides the Ministry of Construction with authority to approve urban planning tasks and activities.

Chapter 4: Adjustment of urban planning

This chapter describes processes for adjusting urban plans:

1. There is an adjustment to the strategy or master plan on socio-economic development, defense and security, orientations of the master plan on the national system of urban centers, regional construction planning, higher-level urban planning and administrative boundaries greatly affecting the nature, function and size of the urban center or planned 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 realized or its realization is adversely affecting the socioeconomic development, defense, security, social welfare, ecological environment, historical or cultural relics according to review or evaluation results and community opinions;
4. There is a change in climate, geological or hydrological conditions;
5. Serving national and community interests.

Adjustments may be made after a careful review of the current conditions indicates changed circumstances which require new land use norms.

Chapter 5: Organizing and managing urban development in accordance with urban planning

1. This chapter provides requirements for publicizing urban planning responsibilities and requirements.
   
   This law provides the following details for publication requirements of urban planning activities:
   
   Within 30 days after being approved, urban plans shall be publicized in forms such as 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 and printing of publications for wide dissemination.
2. Management and use of urban land according to urban plans

3. This law provides the Principles of management of construction according to urban planning, cases are required to have a planning license, management of development of new urban centers and urban quarters and Management of renovation or urban centers according to planning.

Chapter 6: Implementation provisions

This chapter provides the effective date of the Law on urban planning and the transitional provisions as follows:

1. This law takes effect on 1 ^st January 2010. From the effective date of this Law, the provisions on the Construction Law on planning the construction of urban centers and ares in urban centers are replaced with the provisions of this Law.
2. Urban construction plans which has been already approved before the effective date of this Law are not required to be re-elaborated, re-evaluated and re-approved; the organization of realization, development management and adjustment of such planning must comply with this Law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.