Latest conditions on adjustment of urban planning in Vietnam

Latest conditions on adjustment of urban planning in Vietnam (Internet image)

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

1. Conditions on adjustment of urban planning in Vietnam

According to Article 47 of the Law on Urban Planning 2009 (amended in the Law on amendments to some articles concerning planning of 37 laws 2018), an urban planning may be adjusted in any of the following cases:

- 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 area mentioned in the planning;

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

- 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;

- There is a change in climate, geological or hydrological conditions;

- Serving national and community interests.

2. Principles of adjustment of urban planning in Vietnam

Principles of adjustment of urban planning according to Article 48 of the Law on Urban Planning 2009 are as follows:

- Focusing on contents to be adjusted while other contents already approved continue to be legally valid.

- Making adjustment based on analysis and assessment of the current conditions, clearly indicating urban renovation and refurbishment requirements and proposing adjusted norms on land use, solutions to organization of space, architecture and landscape in each area; and solutions to renovating the network of technical and social infrastructure facilities in response to development requirements.

3. Latest types of adjustment of urban planning in Vietnam

Types of adjustment of urban planning according to Article 49 of the Law on Urban Planning 2009 (amended in the Law on amendments to some articles concerning planning of 37 laws 2018) are as follows:

- Overall adjustment of urban planning is prescribed as follows:

+ Overall adjustment of urban planning is made when the nature, functions and scope of an urban center or an area with detailed planning are changed or the expected adjustment would change the general structure and development orientation of an urban center; the nature, function, scope and major planning solutions of an area with zoning and detailed planning:

+ Overall adjustment of an urban plan must meet practical requirements, comply with the socio-economic development trend and urban development orientation in the future, improve the quality of the living environment, infrastructure and landscape of the urban center; ensure continuity and not greatly affect ongoing investment projects.

- Partial adjustment of urban planning is prescribed as follows:

+ Partial adjustment to urban planning shall be made when the expected adjustments do not change the nature, boundary and general orientations for urban area development; 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;

+ 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 center on the basis of analysis and clarification of reasons for adjustment, socio­economic benefits of the adjustment; and solutions to problems caused by the adjustment.

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