THE NATIONAL ASSEMBLY ------- SOCIALIST REPUBIC OF VIETNAM Independence - Freedom - Happiness --------------- No: 50/2014/QH13 Hanoi, June 18, 2014 LAW ON CONSTRUCTION Pursuant to the Constitution of Socialist Republic of Vietnam; The National Assembly promulgates Law on Construction. Chapter I Article 1. Scope of regulation GENERAL PROVISIONS This Law prescribes on rights, obligations, responsibilities of offices, organizations, individuals in construction investment activities. Article 2. Objects of application This Law shall apply to domestic offices, organizations, individuals; foreign organizations, individuals who conduct construction investment activities in Vietnam territory. In case where an international Treaty which the Socialist Republic of Vietnam is member contains provisions different from those of this Law, the provisions of such international treaty shall apply. Article 3. Interpretation of terms In this Law, the following terms shall be construed as follows: 1. Pre Feasibility Study report on construction investment is document presenting preliminary research content about the need, feasibility and efficiency of construction investment, as a basis for considering and deciding policy on construction investment. 2. Feasibility Study report on construction investment is document presenting preliminary research content about the need, feasibility and efficiency of construction investment following chosen basic design as a basis for considering and deciding for construction investment. 3. Economic technical report on construction investment is document presenting about the need, feasibility and efficiency of construction investment following working design of small construction engineering, as basis to consider, decide construction investment. Page 1
4. Ministry managing specific construction works means the Ministry who is assigned managing task, executing work construction investment under its constructional profession management. 5. Red-line demarcation is a boundary line drawn on the planning map and on the field, for purpose of demarcating between land plots permitted for work construction and land plots reserved for traffic roads or other technical infrastructures and public spaces. 6. Construction demarcation is a border line of a work permitted to be constructed on a land plot. 7. Target land use of construction planning means target to manage space development, architecture which are specifically defined to a region or a land plot including building density, coefficient of land use, maximum and minimum building height of the work. 8. Economic-technical target of construction planning design means target which is forecasted, identified, selected as basis to propose plan, construction planning solutions including population size, land, targets on infrastructure, social infrastructure and environment. 9. Construction investor (hereafter called investor) means offices, organizations, individuals owning, lending capital or assigned to directly manage, use capital for executing construction investment. 10. Construction works mean products created by human labor and with building materials and equipment installed therein, affixed to land, which may include underground and ground components, underwater and on-water-surface components and are constructed according to designs. Construction works include civil works, industrial works, traffic works, agriculture and rural development works, technical infrastructure works and other types of works. 11. Elevation means compulsory minimum building ground level which is chosen in accordance with planning of ground level and rain-water drainage. 12. State authorities managing construction include Ministry of Construction, People s Committees of provinces, centrally-run cities (hereafter called Provincial People s Committees) and People s Committees of district, town, city under control of province (hereafter called People s Committee of district level). 13. Specialized agencies of construction mean special agencies of Ministry of Construction, Ministry managing specific construction works; Department of Construction, Department managing specific construction works; Divisions having function of construction management under People s Committee of district level. 14. Specialized agencies directly under person deciding investment mean the agencies or organizations with expertise appropriate to the nature and content of the project and are assigned appraisal task by the person deciding investment. 15. Construction investment project means a collection of proposals concerning the utilization of capital for new construction, repair, renovation of construction works, with a view to developing, maintaining, raising the quality of works or products, services within a given duration and cost. Page 2
At the stage of preparing construction investment project, the projects are performed through Pre Feasibility Study report on construction investment, Feasibility Study report on construction investment or Economic technical report on construction investment. 16. Rural population quarter means an area where many households reside and are bound together in their production, daily life and other social activities within boundaries of a specific zone, formed on the basis of natural conditions, socio-economic conditions, culture and other factors. 17. Construction Permit is legal document issued by competent state agency to the investor for new construction, repair, renovating and relocating works. 18. Construction Permit with time-limit is construction permit granting for building works, separate welling-house which are used for a certain period according to the implementation of construction planning. 19. Construction Permit under period is construction permit issued for each part of work or each work of the project when construction design of work or project are not done. 20. Construction investment activities mean process to execute construction activities including new construction, repairing and renovating construction works. 21. Construction activities include: making construction planning, formulating investment project of construction, construction survey, construction engineering, executing construction, construction supervision, project management, selecting contractors, acceptance, put the work into operation, guarantee, building maintenance and other activities related to works construction. 22. Technical infrastructure system includes traffic, information and communication, energy supply, public lighting, water supply, collecting and treating waste water and hard waste, cemetery and other works. 23. Social infrastructure system includes healthcare, cultural, educational, sport, commercial and public service, greenery, parks and other works. 24. Construction investment consultancy activities include the elaboration of construction planning, formulation of projects on investment in work construction, survey, construction engineering, inspection, test, experiment, project management, supervision of construction and other consultancy works relating to construction investment activities. 25. Specific functional Areas mean areas developing specialized or fixed functions as economic zones, industrial parks, export processing zones, hi-tech parks; tourism and ecological zones; conservation areas, historic cultural areas; study training areas; sports areas; airports and seaports; grand area of technical infrastructure; Other specific functional areas are defined according to the regional construction planning which are approved or established by competent state agencies competent. Page 3
26. Elaboration of construction investment project includes formulation of Pre feasibility study report on construction investment (if any), Feasibility study report on construction investment or Economic technical report on construction investment and execution of necessary works to prepare construction investment. 27. Person determining investment means individual or legal representatives of agencies, organizations, businesses authorized to approve project and decide construction investment. 28. Contractors in construction activities (hereafter called Contractors) mean organizations and individuals that are fully capable of conducting construction activities or practicing construction when participating in contractual relations in construction investment activities. 29. Separate welling house means a work constructed within a residential land area under the use right of a household or an individual according to law provisions. 30. Construction planning means the space organization of urban, rural and specific functional areas; organization of technical and social infrastructures; establish a living environment suitable to people residing in territorial areas, and ensure the harmony between national interest and community interest, meet the socio-economic development, defense, security and environmental protection, facing to climate change. A construction planning is demonstrated through a construction planning scheme, consisting of charts, drawings, layouts and explanations. 31. Regional construction planning means the organization of system of urban, rural, specific functional areas and systems of technical and social infrastructures within the administrative boundaries of a province or a district, joint province, joint district in conformity with requirements of the socio-economic development in each period. 32. Construction planning of specific functional areas means the space organization of architectural landscape, system of technical and social infrastructures within a specific functional areas. Construction planning of specific functional areas includes construction general planning, Construction subdivision planning and construction detailed planning. 33. Rural construction planning means the organization of space, land use, system of technical and social infrastructures of rural areas. Rural construction planning includes communal construction general planning and and construction detailed planning of rural population quarter. 34. Construction work incidents mean impairments beyond the permitted safety limits, thus putting the construction work or auxiliary construction in danger of collapse, having caused the collapse of part of the work or the entire work during the process of construction work and work exploitation. 35. Construction general contractor means a contractor signing contracts directly with a work construction investor to undertake one, a number type of jobs or all jobs of construction investment project. 36. Appraisal means the examination and evaluation of the person determining investment, investors, specialized construction agencies for the necessary contents in the process of Page 4
preparation and implementation of construction investment projects as basis for consideration and approval. 37. Inspection means the examination and evaluation on speciality of organizations and individuals who are eligible to conduct construction activities, practicing construction for the necessary contents in the process of preparing and implementing construction investment projects as a basis for appraisal. 38. Execution of work construction includes the construction and installation of equipment for newly built, repaired, renovated, relocated, embellished or restored works; dismantlement of works; warranty and maintenance of construction works. 39. Equipment installed in works includes work equipment and technological equipment. Work equipment means those installed in construction works according to construction designs. Technological equipment means those included in technological chains installed in construction works according to technological designs. 40. Preliminary design means design to be made in the pre-feasibility study report of construction investment, reflecting the original ideas of work construction design, preliminary selection of technology line, equipment as a basis for determining policy of work construction investment. 41. Basic design means design to be set up in the feasibility study report on construction investment on the basis of selected alternative design, showing main technical specifications in accordance with standard and technical regulations to be applied as a basis for implementing the next design steps. 42. Technical design means design concretizing basis design after the investment project of work construction is approved in order to fully implement solutions, specs and materials used in accordance with standards technical regulations which shall be apply, as a basis for implementing construction drawing design. 43. Construction drawing design means design to fulfill the specifications, materials used and detailed structure which are consistent with standard and technical regulations shall be applied to ensure eligibility for executing construction works. 44. Duration of construction planning is a time to be determined as a basis for forecasting, calculating economic technical characteristics for building construction planning scheme. 45. Regional planning means territorial spaces which are limited by one or many administrative units approved by competent state agencies. Article 4. Basic principles in construction investment activities 1. Ensuring the compliance of work construction investment with the planning, design, protection of landscape, environment; the suitability with natural conditions and socio-cultural characteristics of each locality; ensuring people s life stability; combining socio-economic development with national defense, security and coping with climate change. Page 5
2. Rationally using of forces, resources in the project area to ensure proper purpose, object and sequence of construction investment. 3. Complying with standard and technical regulations, law provisions for the use of construction materials; ensuring convenient and safe access demands in using works for the disabilities, elderly, children in public works, high-rise buildings; applying science and technology, work information system in work construction investment. 4. Guaranteeing quality, progress and safety of works, human life, health and asset; fire and explosion prevention and fighting; environment protection. 5. Ensuring the synchronous construction in each work, synchronous construction of technical and social infrastructures. 6. Organizations and individuals involved in construction activities must meet the qualification conditions which are appropriate to the project; type and level of construction and work under the provisions of this Law. 7. Ensuring public, transparency, thrift, efficiency; preventing, combating corruption, wastefulness, unreasonable loss and other negative phenomena in construction investment activities. 8. Clearly defining functions of state management of construction investment activities with functional management of investors to be appropriate for each type of capital used. Article 5. Types and grades of construction works 1. Construction works are divided by type and grade. 2. Type of construction works are determined according to their utility include: civil engineering, industrial engineering, transport engineering, agricultural and rural development engineering, infrastructural engineering and defense, security engineering. 3. Grades of construction works are determined according to types of works basing on their sizes, purposes, importance, lifetime, materials and technical requirements of work construction. Grades of construction works include special grade, grade I, grade II, grade III, grade IV and other ones prescribed by the Government. Article 6. Application of standard, technical rule in construction investment activities 1. Construction investment activities must comply with national technical rules. 2. Standards are applied in construction investment activities following volunteer principle, excluding the cited standards in technical rules or relevant legal documents. Page 6
3. Standards applying for works must be considered, approved by the person who has right to determine investment. 4. The application of standards must meet following requirements: a) In accordance with national technical rules and relevant provisions of law; b) Ensuring uniformity, feasibility of the applicable standards system. 5. The application of technical solutions, technology, new materials in construction investment activities must meet requirements of national technical rules and relevant provision of laws. 6. Ministry of Construction, Ministries managing specialized construction works are responsible to build national technical rules which are applicable to the specialized construction works in accordance with the law on standards and technical rules. Aricle 7. Investors 1. Investors are determined by the person who has the right to determine investment before making projects or approving projects. 2. Depending on capital used for the project, the investors are defined as follows: a) For projects funded by the state budget and state extra-budgetary fund, the investors are agencies or organizations who are assigned by the person has the right to determine investment to manage, use of capital for construction investment; b) For projects using loans, investors are agencies, organizations, individuals to borrow capital for construction investment; c) For projects executing in the form of project contracts, public-private partnership contracts, the investor are the project businesses established by agreement in accordance with law; d) Investors of projects not subject to the provisions at Points a, b and c of this clause are organization, individual who own capital. 3. Based on specific conditions of the project using state budget fund, the person who has the right to determine investment assigns the Project management unit of specialized construction investment, Project management of regional construction investment to be investors; in case of absence of the Project management unit, the person of determining investment shall choose agencies, organizations which are eligible to be investors. 4. The Investors are responsible before the law and the person of determining investment under their scope of rights and obligations prescribed by this Law and other relevant provisions of law. Article 8. Supervision, assessment of construction investment project Page 7
1. Construction investment project must be supervised, assessed in accordance with following types of capital: a) For projects using state capital, the competent state agencies carry out supervision and assessment under provisions of law on public investment and construction according to content and assessing criteria have been approved; b) For projects using different capital sources, the competent state agencies supervise and evaluate objectives, conformity with relevant planning, land use, construction investment progress and environmental protection; 2. Construction investment projects on infrastructure using state capital, community contribution and funded by organizations and individuals in the country must implement monitoring of the community. Within the scope of duties, powers, the Vietnam Fatherland Front at building region organizes the implementation of community supervision. 3. The Government details this Article. Article 9. Insurance in construction investment activities 1. Insurance in construction investment activities includes: a) Works insurance during construction time; b) Professional liability insurance of construction investment consultancy; c) Insurance for supplies, materials, vehicles, construction equipment, workers; d) Civil liability insurance for third parties; dd) Insurance on construction works warranty. 2. Liability to buy mandatory insurance in construction activities are defined as follows: a) Investors buy works insurance in construction time for works that affect public safety, environment and works with specific technical requirements and complex conditions for construction; b) Consulting contractors buy professional liability insurance of construction work consultancy for construction survey, design of construction works from grade II or higher; c) Construction contractors buy insurance workers on site. Page 8
3. Encourage investors, consulting contractors, construction contractors buy insurance in the construction investment activities, except cases as provided Clause 2 of this Article. 4. The Government shall provide detailed regulations on mandatory insurance liability, conditions, fees, minimum amount of insurance that organizations and individuals involved and insurance businesses are obliged to perform. Article 10. Encouragement policies in construction investment activities 1. Domestic and foreign organizations and individuals are encouraged and facilitated to research into and apply advanced construction sciences and technologies, use new construction materials,,economically use natural resources, energy, protect the environment and cope with climate change; preserve, restore and promote value of historic, cultural heritage, beliefs, religion; enable organizations and individuals to build social housing, participate in investment activities under planning in mountainous areas, areas with exceptionally difficult socio economic conditions and areas affected by climate change. 2. Entities involved in construction investment activities of all economic sectors are treated equally before the law, are encouraged and facilitated in construction investment activities; Priority is given to contractors having works awarded by the State on their construction quality while participating in the bidding for construction activities. 3. Step by step transfer some public services are being done by state management agencies in construction investment activities to qualified social - professional organizations to undertake. Article 11. International cooperation in construction investment activities 1. Domestic organizations and individuals are encouraged to expand international cooperation in construction investment activities, implementing technology transfer, technique, managerial experience and use of new materials. 2. The State protects Vietnam construction brands abroad; facilitates and supports measures to promote the signing and implementation of international treaties, international agreements in the construction investment activities between domestic organizations, individuals and foreign ones on the basis of ensuring basic principles of construction investment activities specified in Article 4 of this Law. Article 12. Acts strictly prohibited 1. Decisions of construction investment are not proper with provisions of this Law. 2. Commencement of works construction while having not sufficient conditions to proceed under provisions of this Law. 3. Constructing works in areas where construction is banned; constructing works in encroachment of the protection corridors of defense, security, traffic or irrigation works, dikes, energy works, zones of historical cultural relics and protection zones of other works prescribed by law; Page 9
constructing works in areas prone to landslides, sweeping floods, tube flood, except for work constructed to combat these calamities; 4. Constructing works in contravention of planning, except for cases having construction permit with a term; in encroachment of demarcation boundaries, construction landmarks; constructing works at variance with the granted construction permits. 5. Elaborating, appraising, approving design and estimate of construction works using state capital are contrary to provisions of this Law. 6. Contractors involved in construction activities fail to satisfy the condition on construction practicing capability. 7. Investors select contractors who fail to satisfy the condition on construction practicing capability. 8. Constructing works not in compliance with standards, technical rules applied for the works. 9. Manufacture, use construction materials which are harmful to public health, environment. 10. Violating the regulations on labor safety, assets, preventing and combating fire, explosion, security, order and environmental protection in construction. 11. Utilizing works with wrong purposes, functional use; building annexes or lean-tos, encroaching square, space which are being managed, used legitimately of other organizations, individuals and public areas, common use areas. 12. Giving and taking bribes in construction activities; taking advantage of other legal entities to participate in construction activities; pre-fixing, conniving results of project planning, survey, design, supervision of works construction. 13. Abusing positions and powers to violate the construction legislation; screening, slowly handling violation of construction. 14. Obstructing lawful construction activities. Chapter II Section 1. GENERAL PROVISIONS CONSTRUCTION PLANNINGS Article 13. Construction plannings and basis of elaborating construction plannings 1. Construction plannings include following types: Page 10
a) Regional plannings; b) Urban plannings; c) Specific functional area plannings; d) Rural plannings. 2. Construction plannings are elaborated basing on following contents: a) Strategy, comprehensive plannings of economic social development, defense, security, branch plannings, orientation of overall planning on national urban system, related construction plannings which were approved; b) Technical rules on construction plannings and other relevant rules; c) Map, documents, data on economic social actual state, natural conditions of local. 3. Urban plannings is carried out in accordance with the law on urban planning. Article 14. Requirements and complied principles to construction plannings 1. Requirements on construction plannings include: a) Being in line with target of strategy, socio economic development overall plannings; ensuring defense, security, motivating socio - economic development sustainably; being consistent with branch development plannings; open, transparent, harmonious combination between national interests, communities and individuals; b) Organizing and arranging territorial space on the basis of rationally exploiting and using the natural resources, land, historical relics, cultural heritage and sources in compatibility with the natural, socio economic conditions, historical characteristics, culture, scientific and technological advances in each development period; c) Meeting demand for infrastructure works system; ensuring connectivity, unification among regional, national and international infrastructure works; d) Protecting environment, preventing, combating natural disasters and coping with climate changes, minimize adverse impacts to the community, preserve, restore and promote the value of historic relics, cultural heritage, beliefs and religions; ensure synchronously architectural space, works systems of social infrastructure, technical infrastructure. dd) Laying the foundation for the work of planning, investment management and construction investment attraction, management, exploitation and use of construction works in the region, specific functional areas, rural areas. 2. Complied principles to construction plannings: Page 11
a) The implementation of program, construction investment activities, space management, architecture, landscape must comply with construction plannings which have been approved and suitable for mobilized resources; b) Construction planning level to ensure unification and conformity with plannings at higher level. Article 15. Review of construction planning 1. Construction plannings must be considered, reviewed periodically, evaluated the implementation process for timely adjustments in accordance with socio economic situation development in each stage. Periodically reviewing construction plannings is 10 years for regional plannings, 05 years for general plannings and subdivision plannings, 03 years for detailed plannings counting from the approved date of construction plannings. 2. People s Committees at all levels are responsible to review approved construction plannings. 3. Results of construction plannings review must be reported in writing to the competent state agencies to for consideration and decision. Article 16. Responsibility for collecting comments on construction plannings 1. Agencies, investors who elaborate construction plannings are responsible to collect comments from agencies, organizations, individuals and communities involved in mission and construction plannings design. The concerned People's Committees are responsible to coordinate with agencies who elaborate construction plannings, investors of construction investment project in collecting comments. 2. For tasks and construction planning design under the authority of the Prime Minister, the Ministry of Construction is responsible to collect comments of ministries, agencies, other central concerned institutions; Provincial People's Committees are responsible for collecting comments of agencies, organizations, individuals and population communities involved in local. 3. The contributed comments must be fully synthesized, explained, acquired and reported to competent state agencies to consider and decide. Article 17. Forms and time collecting comments on construction plannings 1. The collection of comments from concerned agencies, organizations and individuals about tasks and construction plannings design is done by way of sending files, documents or organizing conferences, seminars. Agencies, organizations and individuals are collected for comments responsible to answer in writing or comment directly. 2. The collection of comments from population communities about of tasks and general construction plannings of construction is done through consultation with community representatives in form of questionnaires and interviews. The community representatives are Page 12
responsible to synthesize opinions of the population community as provided by law for the exercise of democracy at the grassroots level. 3. The consultation of population community on tasks and subdivision plannings design, detailed construction plannings and general communal plannings, rural population quarter construction plannings is performed by comment cards in the form of public display or introducing planning scenarios on mass media. 4. Time of consultation on construction plannings is at least 20 days for agencies, 40 days for organizations, individuals and population communities. 5. Agencies, organizations who elaborate construction plannings are responsible to acquire comments from agencies, organizations, population community consulted to complete tasks and construction planning design; in cases of not acquiring it must reply in writing, clearly stating the reasons before approving plannings. 6. The Government details the consultation on tasks and construction plannings design of the concerned agencies, organizations, individuals and population community. Article 18. Selection of consultancy organizations elaborating construction plannings 1. Agencies elaborating construction plannings determine form of selecting consultancy organizations involved in making construction planning as prescribed by law. 2. When selecting consultants to elaborate construction plannings, agencies, organizations elaborating construction plannings or investors must based on capacity conditions of consultancy organizations elaborating construction plannings under provisions of this Law and shall bear responsibilities before the law for damage caused by the selection of ineligible consultancy organizations. 3. Encouraging selection of consultancy organizations elaborating construction plannings through contest forms for general construction plannings on specific functional areas of large scale, special significance and zoning construction plannings, detailed construction plannings of areas which have important meaning in specific functional areas. Article 19. Expense for elaborating construction plannings 1. The State guarantees expense as prescribed by law for elaborating construction plannings. 2. The State encourages domestic and foreign organizations and individuals to fund for elaborating construction plannings. Article 20. Orders to elaborate, approve construction plannings Construction plannings are shown through construction planning design and done in the following order: Page 13
1. Elaborating, approving construction plannings task; 2. Investigating, surveying fields; collecting maps, documents and data on natural conditions, socio - economic status, overall socio economic master plan and relevant branches development plannings to make construction plannings design; 3. Elaborating construction plannings design; 4. Appraising, approving construction plannings design. Article 21. Record keeping of construction plannings design 1. Agencies, organizations, investors elaborating construction plannings must keep record of the approved construction plannings design in accordance with the law on archives. 2. State management agencies of construction plannings, land management agencies at all levels are responsible for keeping records of construction plannings and supplying those materials to individuals, organizations and authorized state agencies under provisions of law. Section 2. REGIONAL CONSTRUCTION PLANNINGS Article 22. Regional construction plannings and responsibility of organizations elaborating construction plannings 1. Regional construction plannings are made for following regions: a) Interprovincial region; b) Provincial region; c) Interdistrict region; d) District region; dd) Specific functional Region; e) Region along highways, interprovincial economic corridor. 2. In the construction plannings of inter-provincial region, provincial region, the infrastructure works system planning is concretized through specialized infrastructure design. 3. Responsibility to devise regional construction plannings is prescribed as follows: a) Ministry of Construction chairs to cooperate with ministries, Provincial People s Committees and relevant agencies, organizations to devise tasks and construction plannings design to Page 14
interprovincial region, specific functional region bearing national significance, region along highway, interprovincial economic corridor; b) Ministries managing specialized construction works shall organize to devise tasks and specialized infrastructure planning design of interprovincial region; c) Provincial People s Committees shall organize to devise tasks and construction planning design of other regions under their administrative management units. Article 23. Tasks and contents of regional construction plannings design 1. Tasks of regional construction plannings include: a) Determination of ground, basis forming regional boundary scope; b) Determination of regional development target; c) Forecasting regional population size, demand for technical infrastructure and social infrastructure for each stage of development; d) Identifying requirements for spatial organization of urban systems, rural areas, major region and functional areas, systems of technical infrastructure, social infrastructure across the region in each stage. 2. Contents of construction plannings design include: a) Construction plannings of interprovincial region, provincial region, interdistrict region, district region must identify and analyze potential, motivation for regional development; forecast rate of urbanization; solution to zone functional region, dispose urban system and rural population quarter; identify areas of specialized function, production units, headworks system of technical infrastructure and social infrastructure of regional significance. b) Construction plannings of specific functional areas are formed on the basis of socio - economic potential, defense, security, cultural heritage, natural landscapes; identification and analysis of potential development, exploitation capability, zoning function, population distribution and organization of technical infrastructure system being appropriate to the nature and objectives of regional development. c) Construction plannings of region along the highway, interprovincial economic corridor must analyze motivation and impacts of the route, corridor to the development of areas along the route, the exploitable solution, using land and spatial organization of landscape architecture, engineering infrastructure works system in accordance with nature of the route, corridor and ensure traffic safety on the route entirely; d) Construction plannings on specialized technical infrastructure must forecast growth and land use demand; determine the location and size of major works, auxiliary works, main transmission network, distribution network and protection scope and work safety corridor; Page 15
dd) Based on the size and nature of the region, regional construction plannings are researched on the basis of topographic maps scale of 1/25,000-1/250,000; e) The time limit for regional construction plannings is from 20 years to 25 years, vision of 50 years; g) The approved regional construction plannings are basis for implementing urban plannings, construction plannings of specific functional areas, rural construction plannings and technical infrastructure works system at region level. 3. The Government details this Article. Section 3. CONSTRUCTION PLANNINGS OF SPECIFC FUNCTIONAL AREAS Article 24. Objects and responsibility to elaborate construction plannings of specific functional areas 1. Construction plannings of specific functional areas are established for the following functional areas: a) Economic zone; b) Industrial parks, export processing zones, hi-tech parks; c) Tourism and ecological zones; d) Reservation zone; historical - cultural revolutionary zone; dd) Research, training zone; sport gymnastics areas; e) Airports, seaports; g) Headworks technical infrastructure areas; h) Other specific functional areas are defined according to the approved regional construction plannings or being established by competent state agencies. 2. Responsibility to elaborate construction plannings of specific functional areas: a) Ministry of Construction organizes to devise tasks and general construction plannings design of specific functional areas at national level; b) Provincial People's Committees organize to devise tasks and general construction plannings design of specific functional areas, excluding plannings stipulated at item a clause 2 of this Article and tasks, zoning construction plannings design of specific functional areas; Page 16
c) People's Committees at district level or investor of construction investment projects organize to devise tasks and detail construction plannings design of the assigned area to manage or invest. Article 25. Construction plannings scales of specific functional areas 1. General construction plannings are made for specific functional areas with scale of 500 hectares or more as the basis to elaborate zoning plannings and detail construction plannings. 2. Zoning construction plannings are built for specific functional areas with scale less than 500 hectares scale as a basis for making detail construction plannings. 3. Detail construction plannings are made for areas in the specific functional areas as a basis for granting construction permits and establishment of construction investment projects. Article 26. General construction plannings of specific functional areas 1. Tasks of General construction plannings of specific functional areas include : a) Ground, forming basis, determination of boundary scope of specific functional areas; b) Determining nature, forecasting population size of specific functional areas, requirements for spatial orientation, technical infrastructure, social infrastructure works for each plannings period; c) For general construction plannings, renovation of specific functional areas, in addition to the contents specified in item a clause 1 of this Article, it must also determines the areas required to be cleared, areas retained for embellishment, areas must be protected and other specific requirements on characteristics of each particular functional area. 2. General construction planning design of specific functional areas include: a) Contents of general construction planning design of specific functional areas include the identification of objectives, development dynamic, population size, land, targets on technical infrastructure, social infrastructure; model development, spatial developing orientation of functional areas, administrative centers, services, trade, culture, education, training, health care, green park, fitness and sports; technical infrastructure frame works system on the top, on the ground, underwater and underground; strategic environmental assessment; prior investment plans and resources for implementation. b) Drawings of general construction planning design of specific functional areas are shown at the scale of 1/5000 or 1/10000; c) Plannings duration from 20 years to 25 years; Page 17
d) The approved general construction planning design of specific functional areas are basis to elaborate zoning construction plannings, detail construction plannings areas and and establish investment projects of building technical infrastructure frame in the specific functional areas. 3. Contents of general construction planning design of specialized specific functional areas include identification of population size, land, targets on technical infrastructure, social infrastructure; spatial developing orientation of the functional zoning; plannings of technical infrastructure frame works system; strategic environmental assessment; prior investment plans and resources for implementation Article 27. Zoning construction plannings of specific functional areas 1. Tasks of zoning construction plannings of specific functional areas include : a) Requirements of land use area, size and scope of the zoning plannings, building systems of technical infrastructure, social infrastructure in regional planning; b) Making lists proposing measures to improve works to be retained in the renovation planning areas; c) Other requirements for each planning area. 2. Zoning construction plannings design of specific functional areas include: a) Contents of Zoning construction plannings design of specific functional areas include indentification of using function for each land area; principles of spatial organization, landscape architect for the planning region; targets of population, land use, technical infrastructure building systems for each lot; arranging system of social infrastructure projects in accordance with user s needs; layout network of the technical infrastructure works to each street in accordance with the stage of development of the entire specific functional areas; strategic environmental assessment; b) Drawings of the zoning construction plannings of specific functional areas are expressed in a scale of 1/2000; c) The time limit for zoning construction plannings of specific functional areas are identified on the basis of general plannings duration and management requirements, development of specific functional areas; d) The approved zoning construction plannings design of specific functional areas are basis to determine construction investment projects in the specific functional areas and to make detail construction plannings. Article 28. Detail construction plannings in the specific functional areas 1. Tasks of detail construction plannings in the specific functional areas include: a) Requirements of land use area, size, scope of detailed plannings, urban design, technical infrastructure, social infrastructure building systems in the regional planning. Page 18
b) Making lists of proposing measures to improve for the works to be retained in the renovation planning area; c) Other requirements to each planning area. 2. Detail construction plannings design in the specific functional areas include: a) Contents of detail construction plannings design include identification of target on population, land use, technical infrastructure, social infrastructure and organization of space requirements, architecture for the entire planning area; arranging social infrastructure projects in accordance with user s needs; requirements for architectural work for each plot of land, urban design; layout of technical infrastructure works system to the boundary of lot; strategic environmental assessment; b) Drawings of detail construction plannings design are shown at the scale of 1/500; c) The time limit for detail construction planning is determined on the basis of the investment plan; d) The approved detail construction plannings design are basis for granting construction permits and establishing construction investment projects. Section 4. RURAL CONSTRUCTION PLANNINGS Article 29. Objects, scales and responsibilites elaborating rural construction plannings 1. Rural construction plannings are elaborated for objects who are commune and rural population quarters. 2. Rural construction plannings include following scales: a) General construction plannings are made for all administrative boundary of the commune; b) Detail construction plannings are made for rural population quarters. 3. People s Committees at commune level chair to devise tasks and rural construction plannings design. Article 30. General construction plannings of commune 1. General construction plannings of commune include targets, communal boundaries scope; the nature and function of the commune; identification of factors that affect socio - economic development of the commune; forecasting population size, labor; land size, main economic technical targets; requirements for organizing principle of distributing functional areas of agricultural production, industrial, handicraft, trade villages, housing, services and technical infrastructure works system. Page 19
2. General construction plannings design of commune include: a) Contents of general construction plannings design of commune include: identification of potential, dynamics development, population size, labor, land size, network of rural population quarter; oriented organization of overall communal space; oriented development of functional areas of agricultural production, industrial, handicraft, trade villages, housing, services and technical infrastructure works system; b) Drawings of general construction plannings of commune are shown at scale of 1/5000 or 1/10000 or 1/25000; c) Duration of plannings from 10 years to 20 years; d) The approved general construction plannings design of commune are basis of elaborating detail construction planning of rural population quarters including communal center, residential areas and other functional areas in the commune. Article 31. Detail construction plannings of rural population quarters 1. Tasks of detail construction plannings of rural population quarters include forecasting population size, labor; land size; require land use on construction works layout, conservation and refurbishment; technical infrastructure, social infrastructure works in rural population quarters. 2. Detail construction plannings design of rural population quarters include: a) Contents of detail construction plannings design of rural population quarters include determination of location, construction area of the project: working office of the commune administrations, public works of education, health care, education, culture, sports, commerce, services and housing; technical infrastructure planning and infrastructure for production; b) Drawings of detail construction plannings design of rural population quarters are shown in scale 1/500 or 1/2000; c) Duration of plannings bases on investment plan and implementing resources; d) The approved detail construction plannings design of rural population quarters are basis to establish construction investment projects and grant construction permit. Section 5. APPRAISAL, APPROVAL OF CONSTRUCTION PLANNINGS Article 32. Competence to appraise tasks and construction plannings design 1. Ministry of Construction appraises tasks and construction plannings design under approval competence of the Prime Minister. Page 20
2. Agencies managing construction plannings subordinated to Provincial People s Committees appraise tasks and construction plannings design under approval competence of the People s Committees at same level. 3. Agencies managing construction plannings subordinated to district level People s Committees appraise tasks and construction plannings design under approval competence of the People s Committees at same level. Article 33. Appraisal Council and appraisal contents of tasks and construction plannings design 1. Ministry of Construction determines to establish Appraisal Council on tasks and construction plannings design under approval competence of the Prime Minister and construction plannings design made by Ministry of Construction. Ministry of Construction is standing office of the Appraisal Council. 2. People s Committees determine to establish Appraisal Council on tasks and construction plannings design under their approval competence. Agencies managing construction plannings subordinated to provincial and district People s Committees are standing offices of the Appraisal Council at same level. 3. Constituent of Appraisal Council includes representatives of state management agencies, social professional organizations and experts of relevant fields. 4. Contents appraisal of construction plannings tasks include: a) The conformity of construction plannings tasks to strategy, socio economic development planning, defense, security, envionmental protection, coping with climate change, relevant construction plannings and plannings, land use plan; b) Content requirements on each task of construction plannings are stipulated at Articles 23, 26, 27, 28, 30 and 31 of this Law. 5. Appraisal contents of construction plannings design include: a) The meeting requirements of organizations implementing design of construction plannings as prescribed at Article 150 of this Law; b) Basis of elaborating construction plannings design as prescribed at clause 2 Article 13 of this Law; c) The conformity of construction plannings design to tasks and requirements on content of each construction plannings as prescribed at item 2, 3 and 4 of this Chapter. Article 34. Competence to approve tasks and construction plannings design 1. The Prime Minister approves following tasks and construction plannings design: Page 21