Nghị định 91-CP

DECREE No DECREE No. 91-CP ON THE 17TH OF AUGUST, 1994 PROMULGATING THE STATUTE ON MANAGEMENT OF URBAN PLANNING THE GOVERNMENT Pursuant to the Law on Organization of the Government on the 30th of September, 1994; At the proposal of the Minister of Construction, DECREES: Article 1.- To promulgate along with this Decree the Statute on Management of Urban Planning. Article 2.- This Decree takes effect as from the date of its signing. The earlier regulations on management of urban planning which are contrary to this Decree are now annulled. Article 3.- The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government and the presents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree. For the Government Prime Minister VO VAN KIET STATUTE ON THE MANAGEMENT OF URBAN PLANNING (Issued together with Government’s Decree No. 91-CP on the 17th of August, 1994) Chapter I GENERAL PROVISIONS Article 1.- Urban centers comprise cities, towns and townships. This Statute provides for State management of urban construction; the protection of landscapes and living environment, and the use and exploitation of the urban technical infrastructure. Article 2.- Urban centers must be built and developed according to plan and the regulations of law with a view to serving political, economic, cultural and social objectives, security and national defense. Article 3.- The Government performs the right of State management over urban planning on the national scale. The People's Committees at all levels perform the right of State management over urban planning in their localities. The management agencies for urban planning at the Center and in the localities are responsible before the Government and the People's Committees at all levels for the management of urban planning. Article 4.- The contents of State management of urban planning consist in: 1. Issuing regulations on urban planning management; 2. Drawing up and ratifying projects on urban construction plans; 3. Managing the transformation and building of urban projects according to the approved plans; 4. Protecting the urban landscapes and living environment; 5. Managing the use and exploitation of the urban technical infrastructure; 6. Settling disputes, and inspecting and handling violations of the regulations on urban management. Chapter II DRAWING UP AND RATIFYING URBAN CONSTRUCTION PLANS Article 5.- Urban transformation and construction must be based on the urban construction plan already ratified by the authorized State agency. Urban construction planning includes general planning for the whole land of an urban center, and detailed planning for each part of this land. The land area planned for urban construction must be decide by the State agency authorized to ratify urban planning. Article 6.- The urban construction planning projects must be drawn up by the professional organizations recognized by the State, and must comply with the technical standards, norms and processes allowed by the State. The urban construction planning project which is already ratified is the legal basis for managing the urban center, carrying out construction investment, and formulating annual, short-term and long-term plans of urban transformation and construction for various branches and localities. Article 7.- 1. The urban construction planning projects already ratified must be publicized widely so that the population can know and implement. 2. In the process of implementation, the urban construction planning project must be regularly revised and readjusted to match the reality of urban development: a/ The revision and adjustment of the general plan shall be done periodically every five years and earlier when necessary. b/ The complementary readjustments of a local character compared to the general plan or detailed plans shall be done when necessary; c/ All readjustments of the urban construction planning projects must have the permission of the State agency authorized to ratify this project. Article 8.- The general urban construction planning project shall determine the orientation for spatial development of the urban center, the construction of infrastructure works, creation of a suitable living environment, taking into account the harmonious balance between the expansion of the urban center with agricultural-forestry production, and the need of ensuring security and national defense and other economic activities, preserving historical relics and natural landscapes. All this is to be done while taking into account also of the aftermath of natural calamities as well as technological accidents that might happen. The general planning project shall be made on a topographical map on a scale of 1/2000-1/25,000 depending on the category of urban center, and is represented by an urban development orientation scheme (15-20 years) and the construction plan Stage I (5-10 years). The general planning project must be subject to comments by the local People's Council of the city, town and township and the concerned branches before going to the authorized State agency for ratification. Article 9.- The detailed planning projects shall be formulated on the basis of the topographic map and land administration map on a scale of 1/500 - 1/200, aimed at concretizing and materializing the regulations of the general planning project. They shall be set up synchronously for each urban sector which needs to be transformed, and built up in the immediate stage to serve as basis for the construction of ground surface projects as well as underground installations, such as residential houses, production and service constructions, public parks, trees, technical infrastructure works, and shall comply with the regulations concerning the preservation and restoration of architectures of value and natural landscapes, and ensure safety against fire and the protection of the urban environment. The detailed planning project already ratified is the basis for the drawing up of investment projects, the selection and endorsement of their locations, the granting of planning certificates and the decisions to allocate land and permits of construction. Article 10.- The competence in drawing up and ratifying the urban planning projects is defined as follows: 1. The Prime Minister shall ratify the general planning project of urban centers Categories I, II, and other urban construction planning projects when deemed necessary. The People's Committees of the provinces and cities directly under the Central Government shall submit the urban construction planning projects under the ratifying competence of the Prime Minister. The Ministry of Construction shall organize the drawing up of the general plan for urban centers Categories I and II, and check the urban construction planning projects under the ratifying competence of the Prime Minister. 2. The People's Committees of the provinces and cities directly under the Central Government shall ratify the remaining urban construction planning projects in their localities. The People's Committees of the cities, towns and districts shall submit the general plans and detailed plan under the ratifying competence of the provincial People's Committee. The Chief Architect or the Construction Office (in the urban centers without Chief Architects) shall organize the drawing up and checking of the abovesaid urban construction planning projects and report to the provincial People's Committee. The Chief Architects in the cities directly under the Central Government shall organize the drawing up, checking and submission of the urban construction planning projects under the ratifying competence of the People's Committees of the cities directly under the Central Government for ratification, The ratification of the general plans for the urban centers Categories III and IV, the detailed plans of the urban centers Categories I and II and the national highways passing through the provincial capitals, must have the previous written approval of the Ministry of Construction. Article 11.- The Ministry of Construction shall issue the norms, standards and processes, and guide the drawing up, checking and ratification of the urban construction plans. Chapter III MANAGING THE CONSTRUCTION OF VARIOUS PROJECTS IN THE URBAN CENTERS Article 12.- The projects in the urban centers composed of ground, underground or above-the-ground installations, including sculptures, paintings, posters and advertisement boards, must be designed and constructed according to the general plan, the detailed plans and the investment projects, and must be ratified by the authorized State agency. Article 13.- The management of the transformation and construction of projects in the urban centers consists of: 1. Selecting the location for construction and granting planning certificates to guide the use of land urban land; 2. Granting construction permits, or issuing decision to suspend the construction or renovation of projects in urban centers; 3. Providing guidance on the renovation and construction of projects in urban centers; 4. Registering and granting certificates of ownership for projects; 5. Surveying, inventorizing and keeping files of projects in urban centers. Article 14.- Before making a feasibility study or designing the construction of a project, the investor must apply for a construction site from the urban development planning agency. When the construction site has been determined, the Chief Architect or the Construction Office (where there is no Chief Architect) shall grant a planning certificate at the investor's request. The issue of a planning certificate is based on the following: 1. The overall plan and detailed plan already be ratified by the authorized State agency; 2. The standards and regulations on urban construction, environmental sanitation, and fire prevention and fighting devices prescribed or allowed by the State. Article 15.- The planning certificate should clearly specify the following main conditions: 1. Conditions for sanitation, fire prevention and fighting, and environmental protection; 2. The requirements for planning of land use, architectural design and urban landscape, such as the relationship between the construction site and the general area, the limit of the plot of land within the construction boundary and the red line; the purpose of land use; the construction density; the coefficient of land use; the maximum height of the project, and the dimensions of those parts of the project that are allowed to jut out over the road boundary, common walls and fences, trees; 3. The requirements for construction and use of urban technical infrastructure facilities, such as transport, ground filling, drainage of rain and waste water, supply of water, electricity and communication. Article 16.- After the construction investment project is ratified, the investor shall go through the procedures of receiving land, the certificate of land-use right and a construction permit at the authorized State agency. Article 17.- The granting of a permit to renovate or build a project must be based on the valid papers on the right to use land and own the project, the minimum conditions for construction sanitation, the requirements for urban architecture planning, for aesthetics, urban landscape, and the convenience and inconvenience considerations specified in the norms and regulations on urban planning, and stipulations on urban construction. With regard to major and vital projects, before granting a construction permit, the ministries concerned must carefully examine the durability of the structure and the safety of construction techniques concerning the environment and ecology, national security, fire prevention and fighting, and other issues; when necessary, these projects must be considered by the Architectural Planning Council of the provinces and cities directly under the Central Government before going to the authorized State agency for ratification. Article 18.- The following cases shall be exempted from construction permits: 1. Exempted from construction permits: Repairs such as plastering, patching, whitewashing, roofing, paving the floor, replacing doors (except opening the door to a main road or street), and the repair and installation of indoor equipment and decorations with do not affect the structure of neighboring houses and the architecture of the front street. 2. Exempted from demolition permit are: a/ Existing projects to make room for construction projects already licensed; b/ Makeshift installations having expired utilization date; c/ Installations which are unlicensed or which violate construction regulations; d/ Installations of which the demolition is ordered by the Court; e/ In emergency cases, such as an installation which is in a serious state of dilapidation and might cause an accident, or in case of fire or other natural disasters. Article 19.- The dossier applying for repair or renovation permit includes: 1. An application for construction (bearing the name of the installation owner); in case the installation is owned by the State, it shall bear the name of the organization which is designated as installation owner; 2. Certificates of ownership of the house and the right to use land enclosed with a chart of the location of the installation on a scale of 1/100 - 1/500. 3. A dossier of technical design made by a licensed organization or individual. With regard to major and vital projects, the technical design must be ratified by the authorized agency. 4. A 9 x 12cm photograph of the installation facade with adjacent space before renovation. Article 20.- The dossier applying for the construction of a new project includes: 1. An application for construction permit (bearing the investor's name); 2. Papers certifying the right to use land (decision to allot land, lease land or a certificate of the right to use land); 3. Dossier of the project's technical design made by a licensed organization or individual. With regard to major, vital projects, the technical design must be ratified by the authorized agency. 4. The projects with foreign-invested capital must have a photocopy of the investment license granted by the State Committee for Cooperation and Investment. Article 21.- The competence in granting licenses for repair and renovation of existing projects or construction of new projects is stipulated as follows: 1. The Chief Architect or the Construction Office (where there is no Chief Architect) shall grant permits for repair and permits for repair and permits for construction in urban centers under the mandate of the Presidents of the People's Committees of the provinces and cities directly under the Central Government. 2. The representative of the Chief Architect in cities or of the Construction Office in towns, precincts and districts shall grant permits for repair and permits for construction of separate, semi-durable projects in the following locations: a/ Along roads within street quarters and alleys with roads not larger than 12m; b/ In the quarters specifically planned and ratified by the authorized State agency. Article 22.- The time limit for considering and settling applications for repair, renovation and construction of projects is as follows: 1. Not more than 30 days for private houses and not more than 45 days for other projects after reception of full dossiers; 2. Not more than 10 days after reception of full dossiers in case a house is in danger of collapse. Past the time-limits, if the dossier-receiving agency has not yet settled the dossier, it must notify the applicant of the reason. If the applicant deems the refusal not justified, he/she can complain to the Presidents of the People's Committees of the provinces and cities directly under the Central Government. The decision made by the Presidents of the People's Committees of the provinces and cities directly under the Central Governments is final. Article 23.- The investor of a construction project shall have to correctly implement the stipulations in the construction permit: 1. In case the investor wants to change the design, he/she must make a dossier for readjusting the design, and re-apply for a construction permit; 2. If the construction does not conform to the construction permit, the investor or the contractor must bear full responsibility and must strictly comply with the requirements of the Chief Architect in the city or the Construction Office (where there is no Chief Architect); 3. Twelve months after being granted a construction permit, if the investor has not yet started construction or has stated construction but does not continue it, the construction permit shall lose its validly. If the investor still wants to continue construction, he/she must apply for extension of the construction permit. Article 24.- Before starting construction, the investor must notify the People's Committee of the ward, commune or township concerned. While building major, vital projects, the construction unit must put up a fixed signboard at the construction site showing the name of the project, the name of the construction unit, the serial number of the construction permit, the duration of construction and a chart of the project in perspective. Article 25.- The construction, renovation and repair of projects should not cause damage to other projects directly concerned on the ground, underground and in the air, and at the same time, must take measures to ensure uninterrupted and safe traffic on the streets. Article 26.- The construction of underground projects on the main roads must be carried out simultaneously and in a uniform way. In case there are not yet enough conditions for simultaneous construction, but partial construction must still be carried out, the unit concerned must have a transitional solution and must get the approval of the President of the People's Committee of the province or city under the Central Government. Article 27.- 1. After building or renovating the project, the investor must compile a dossier on the completion of the project as stipulated and must send it to the following offices: a/ The Chief Architect or the Construction Office in those urban centers which have no Chief Architect; b/ The house and land management office (for architectural structures), or the public traffic office (for technical infrastructure facilities) of the provinces and cities directly under the Central Government for use as archives. 2. The investor must complete the procedures for registration, apply for a certificate of ownership of the project and the right to use land at the authorized State agency. Chapter IV PROTECTION OF URBAN LANDSCAPES AND ENVIRONMENT Article 28.- Urban landscapes includes natural landscapes and man-made landscapes. The Chief Architects of cities or the Directors of the Construction Offices (in those urban centers which have no Chief Architect) must ensure that the renovation and construction of projects in urban centers preserve the beauty of the landscapes, the use requirements and durability, and harmoniously fit into the natural landscape for preservation of scenic sites and historic relics. Article 29.- All organizations and individuals using architectural projects must protect and improve their architectural appearance, and plant trees on the premises in accordance with the urban development plan already ratified. The People's Committees of cities and towns must ensure that all streets, public squares, gardens, parks, bridges and tunnels are adequately lit and named; all architectural projects must have registered numbers as stipulated by the State. Article 30.- The Ministry of Culture and Information shall have to preserve and use historic and cultural relics in accordance with the Ordinance on Protection and Use of Historical and Cultural Relics and Beauty Spots. Article 31.- The installation and construction of