Regulations on contents of a detailed plan in Vietnam

Principles of formulating urban planning in Vietnam

Pursuant to Article 14 of Decree 37/2010/ND-CP, Clause 3, Article 1 of Decree 72/2019/ND-CP and Article 1 of Decree 35/2023/ND-CP, principles of formulating urban planning are as follows:

- General planning shall be formulated for central-affiliated cities, districts and new cities in line with national planning, regional planning and provincial planning.

- Areas in cities and towns must have zoning plans to concretize general planning, as a basis for determining construction investment projects and detailed planning.

- Detailed planning shall be formulated for zones required to have detailed planning, within the scope of urban development, in accordance with the Law on Urban Planning when making construction investment in order to concretize general planning and zoning planning (for the case where it is required to make zoning planning), thereby serving as the basis for formulation of construction investment projects, issuance of construction permits and performance of other tasks according to regulations of relevant laws. Regarding small-scale land plots, the detailed planning shall be formulated according to a shortened procedure (general ground planning procedure) under as prescribed.

- Small-scale land plots shall meet the following requirements:

+ The land plot is set up by a small investor or a competent authority;

+ It is required to have a land use scale of less than 2 hectares, for investment projects on construction of apartment buildings or apartment complexes, or a land use scale of less than 10 hectares, for investment projects on construction of factories, enterprises, industrial production establishments or technical infrastructure works (except for line technical infrastructure works) determined according to urban general planning or provincial planning or technical and specialized planning that has been already approved, or a land use scale of less than 5 hectares for the remaining cases;

+ The land plot is located in an area with the approved zoning planning or the approved general planning in case where the zoning planning is not required.

- Formulation, appraisal and approval for general ground planning, except for the case specified in Clause 4b of this Article:

+ Land use planning criteria and requirements for spatial organization, architecture and landscape of the area shall be determined in the approved zoning planning project or the approved general planning in case the zoning planning is not required, and specialized requirements in provincial planning, technical and specialized planning with regard to investment projects on construction of factories, enterprises, industrial production establishments, technical infrastructure works (if any) may be used to replace tasks of general ground planning and serve as the basis for making general ground planning;

+ The general ground planning includes general ground drawings; the work architecture plan shall show the location, scale of the work and work items in the land plot; the construction ground level, the construction boundary (the construction boundary of floating and underground parts of the work), the color of the work and the planned land use norms shall be determined according to applicable regulations and standards; the connection of technical infrastructure shall be ensured and the architectural space shall be consistent with that of the surrounding area;

+ Procedures for collection of opinions, appraisal and approval for the general ground planning shall be the same as those for the detailed planning project with regard to construction investment projects.

+ The competent authority that approves the detailed planning project shall be responsible for approval for the general ground planning.

- During the development of investment guidelines, the general ground planning for the construction investment project with works that are on the list of state secrets shall be formulated; the investor shall be responsible for collection of opinions in writing from the agency competent to approve the detailed planning, thereby serving as the basis for implementation of the next steps; the duration for collection of opinions shall not exceed 15 days from the date of receipt of complete and valid dossiers. The organization of implementation and management of dossiers, documents and relevant information shall comply with regulations of the law on protection of state secrets.

- The adjustment in the general ground planning shall fulfil adjustment conditions of the detailed planning project. The procedure for adjustment in the general ground planning shall comply with regulations of Clauses 4a and 4b of this Article.

- After being approved (including adjustments), the general ground planning shall be published according to regulations on publication of detailed planning projects

- In case a boundary or some land use targets need(s) to be revised to execute a centralized or separate construction project within the area already mentioned in the approved detailed planning, the authority with competence in approving the detailed planning shall decide to partially revise the planning based on contents of the approved planning, national technical regulations on construction planning, conditions of technical and social infrastructure of the urban area or area and architecture management regulation. The planning shall be partially revised in accordance with regulations of laws.

Regulations on contents of a detailed plan in Vietnam (Internet image) 

Regulations on contents of a detailed plan in Vietnam

Pursuant to Article 20 of Decree 37/2010/ND-CP, contents of a detailed plan are as follows:

- Analysis and evaluation of natural conditions, the actual construction land status, population, society, architecture and landscape and technical infrastructure; the general planning's and zoning plan's provisions concerning the planned zone.

- Identification of criteria for use of planned urban land and social and technical infrastructure for the whole planned zone.

- Plan on the total land ground to be used: identification of functions and use criteria for planned urban land regarding construction density, land use coefficients and maximum number of building stories; setbacks of construction works and each land lot from road; locations and sizes of underground works (if any).

- Identification of standard heights, floor and ceiling levels of the first storey; architectural form, fence and main colors and materials of construction works and other architectural objects for each land lot; organizations of public trees, yards and gardens, street trees and water surface in the planned zone.

- Plan on the system of urban technical infrastructure facilities:

The system of urban technical infrastructure facilities shall be built up the network of roads within the zone. A plan must have the following contents:

+ Identification of standard ground floor levels for each land lot;

+ Identification of transport networks (including foot paths, if any), cross-sections, red-line and construction boundaries; identification and concretization of the general planning and zoning planning regarding locations and areas of car stations and parking lots (overhead, on the grounds and underground):

+ Identification of water demands and supply sources: locations and sizes of water plants and pump stations; water supply pipeline network and detailed technical parameters;

+ Identification of power use demands and supply sources; locations and sizes of power distribution stations; medium-voltage and low-voltage power grids and urban lighting system:

+ Identification of information and communication demands and network;

+ Identification of wastewater and garbage: water drainage network; and locations and sizes of dirty water and waste treatment facilities.

- Strategic environmental assessment:

+ Evaluation of the present environmental status regarding topographic conditions; social and cultural issues and natural landscape;

+ Analysis and forecast of positive and negative impacts on the environment; proposed system of environmental protection criteria for identifying optimal space and technical infrastructure planning solutions for the planned zone;

+ Proposed measures to reduce and remedy impacts on the urban environment when the plan is implemented:

+ Making of environmental monitoring plans on environmental techniques, management and observation.

- A 1:500-scale map of the total land ground to be used and the system of technical infrastructure facilities.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE