The measures for ensuring the implementation of the planning of the Capital in Vietnam

Regulations on the Plan for the construction and development of the capital in Vietnam

Pursuant to Article 8 of the Law on the Capital 2012, regulations on the Plan for the construction and development of the capital are as follows:

- The construction and development of the capital must comply with the overall planning for the construction of the capital, the laws on construction, planning, and other relevant laws.

The overall planning for the construction of the capital must ensure that the capital is civilized, modernized, able to develop sustainably, protect the environment; ensure the National defense and security, the connection of the technical infrastructures and social infrastructures of the capital with the central-affiliated cities and provinces in the capital area and the whole country.

- The overall planning for the construction of the capital and its adjustment shall be approved by the Prime Minister after obtaining the opinions from the National Assembly.

- The detailed planning of the capital must be conformable with the overall planning.

- The national sectoral planning and the infrastructural planning directly relevant to the capital must be consulted by the People’s Committee of Hanoi city, and conformable with the overall planning.

- The formulation and implementation of the planning must be open, synchronous, steady, and unrelenting.

The measures for ensuring the implementation of the planning of the Capital in Vietnam (Internet image) 

The measures for ensuring the implementation of the planning of the Capital in Vietnam

Pursuant to Article 9 of the Law on the Capital 2012, regulations on measures for ensuring the implementation of the planning of the Capital are as follows:

(1) In urban areas: do not expand the area or increase the number of beds of the existing hospitals; do not build new industrial parks and industrial factories outside industrial parks, industrial complexes, higher education institutions, and vocational education institutions.

The higher education institutions and vocational education institutions of which the head offices are not located in urban areas are not allowed to open schools in the urban areas.

The Prime Minister shall decide the solutions and plans for moving some industrial facilities away from the urban areas; move some hospitals, higher education institutions, vocational education institutions away from urban areas, or build their branches outside the urban areas.

(2) When making the detailed planning for new traffic routes in the capital, each side of the red boundary must be expanded in accordance with the laws on urban planning.

The collection of opinions from the community about the planning in this case must be made as prescribed by the laws on urban planning. Based on the requirements of the construction and development of the capital, and the opinions from the community, the People’s Committee of Hanoi shall submit the planning to the People’s Council at the same level for consideration and decision.

(3) When executing of project of development of traffic routes according to the approved planning, the competent agencies of Hanoi city shall withdraw the land alongside the roads to serve the planning. The withdrawal of land in this case is similar to the withdrawal of land in the same project.

When the planning includes the construction of on-the-spot resettlement houses, or the execution of the projects of production or trading, the people that have withdrawn land shall be prioritized to resettle or participate in such projects.

(4) The People’s Council of Hanoi city shall decide the new traffic routes prescribed in Section (2).

People’s Committee of Hanoi city shall decide the boundaries and the area of land alongside the roads that must be withdrawn to build traffic roads as prescribed in Section (3).

Mai Thanh Loi

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