Types of adjustment of construction planning in Vietnam

Types of adjustment of construction planning in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Bases for adjusting construction planning in Vietnam

According to Article 35 of the Law on Construction 2014 (amended in 2018), the bases for adjusting construction planning are as follows:

- Regional construction planning may be adjusted when there appears one of the following circumstances:

+ Adjustment of regional socio-economic development master plans, the regional sectoral development master plans; regulations on protection of natural resources and environment; land use masterplans and plans; national defense and security strategies; regional development driving projects;

+ Changes in natural geographical conditions, administrative boundaries, big fluctuations in population and socio-economic situation.

- Particular-function zone construction planning may be adjusted when there appears one of the following circumstances:

+ Adjustment of regional socio-economic development master plans, construction master plans, sectoral development master plans;

+ Creation of key projects of national significance which greatly affect the land use, environment, spatial composition of functional zones;

+ Impossible implementation of the construction planning or the implementation thereof causing adverse impacts on socio-economic development, national defense, security, social security and ecological environment or cultural-historical relics and community opinion;

+ Changes in climate, geology or hydrology;

+ Serving national and community interests.

- Rural construction planning may be adjusted when there appears one of the following circumstances:

+ Adjustment of local socio-economic development master plan;

+ Adjustment of regional construction master plan;

+ Adjustment of local land use master plan and plan;

+ Changes in geological and natural conditions.

2. Types of adjustment of construction planning in Vietnam

Types of adjustment of construction planning according to Article 37 of the Law on Construction 2014 (amended in 2018) are as follows:

- The overall adjustment of construction planning is prescribed as follows:

+ The overall adjustment of construction planning shall be made when the characteristics, functions, sizes of planning regions or areas change or the contents of proposed adjustment would alter the structure and orientations for general development of planning regions or areas;

+ The overall adjustment of construction planning must satisfy practical requirements and be in line with the socio-economic development trends and orientations for future development of regions or areas, improve the quality of the living environment, infrastructure and landscape, ensuring the inheritance and without exerting impacts on ongoing construction investment projects.

- Partial adjustments to dedicated area construction planning shall be made when the expected adjustments do not change the nature, functions, scale and main planning solutions of the area mentioned in the planning and do not overburden technical and social infrastructure of the area expected to be mentioned in the adjusted planning.

3. Principles of construction planning adjustment in Vietnam

According to Article 36 of the Law on Construction 2014, the principles of construction planning adjustment are as follows:

- The adjustment of construction planning shall be based on the analysis and evaluation of current situation and results of implementation of existing master plans, clear determination of requirements of regional renovation embellishment to propose adjustment of land use norms, solutions to the arrangement of space and landscape for each area; solutions to the improvement of technical and social infrastructure systems to meet the development requirements.

- Contents of adjusted construction planning shall be appraised and approved in accordance with this Law; non-adjusted contents of the approved construction plans may still be implemented.

Quoc Dat

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