Decree 91-Cp: Enacting The Charter Urban Planning Management

Original Language Title: Nghị định 91-CP: Ban hành Điều lệ Quản lý quy hoạch đô thị

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The DECREE enacting the Charter management urban planning base GOVERNMENT Government Organization Law on September 30, 1992;
According to the proposal of the Ministry of construction;
DECREE: article 1 attached to this decree a Charter management of urban planning.
Article 2 of this Decree shall take effect as from the date of signing. The previous regulation on the management of urban planning as opposed to this Decree are repealed.
Article 3 the Minister of ministries, ministerial-level heads, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
 
CHARTER MANAGEMENT of URBAN PLANNING (attached to Decree No. 91-CP on 17-8-1994 Government's) chapter I GENERAL PROVISIONS article 1 the municipality includes cities, towns, townships.
This Charter stipulates the State management of urban construction; about the landscape, the living environment; use and exploitation of the technical infrastructure of the town.
Article 2 the municipality must be built, developed according to plan and the provisions of the law to serve political goals, economic, social, cultural and security defense.
Article 3 the Government exercising the governance of urban planning within the country.
The people's Committee of the level of implementation of the right to manage state on the local urban planning.
Management agencies urban planning at Central and local levels of Government responsible to the people's Committee and the level of the management of urban planning.
Article 4 content of State management of urban planning include: 1-issued regulations on the management of urban planning;
2-Establish and approve the construction plan of the town;
3-manage the renovation and construction of public works in the municipality according to the approved plan;
4-the protection of landscape and urban environment;
5-Managing the use and exploitation of the technical infrastructure of the town;
6-resolve disputes, inspection and process violates the regulations on urban management.
 
CHAPTER II ESTABLISHMENT and REVIEW of URBAN CONSTRUCTION PLANNING article 5 conversion and urban construction are based on the planning of urban construction are competent State agencies for approval.
Urban construction planning includes planning for the entire scope of land and urban planning details for each part in the scope of urban land.
The scope of land urban construction planning must be competent State agencies approved urban planning that decision.
Article 6 projects of urban construction planning to do professional organizations recognized by the State and must comply with the standards, rules, technical process of the State or by the State for permission to use.
Construction plan of the town was browsing is the legal basis to urban management, progress investment building, planning and improving urban construction, short and long term and local industry.
Article 7 1-The construction plan of the town was to be common openly to the people to know and implement.
2-in the process of implementation of the construction plan, the municipality should be considered to adjust to suit the reality of urban development: a) consideration of adjustments to the General plan are conducted periodically for 5 years at a time, when needed can sooner;
b) additional adjustments to the local nature for the General plan or detailed planning was conducted when necessary;
c) All the adjustment of the construction plan of the town must be licensed by the State Agency has the authority to approve projects.
Article 8 General plan urban construction development directions defined urban space, build infrastructure, creation of suitable habitats there consider the harmonious balance between the expansion of the town with agriculture-forestry, security, defense and other economic activities , with the preservation of historical monuments, natural landscape features to the aftermath of the disaster as well as technology issues may occur.
The General plan was founded on the terrain has a ratio of 1/2000-1/25,000 depending on the type of municipality and is shown by the defined scheme entitled urban development (15-20 years) and the first building planning (5-10 years).
The General plan is the opinion of city councils, town, commune in the Department and the relevant departments before the competent State agencies for approval.
Article 9 The detailed plan was established on the basis of terrain and major national address 1/500-1/2000, in order to materialize and in accordance with the provisions of the General plan and set synchronization for each area municipality that requires renovation and construction in the period ahead to build works on the ground and the the underground works such as: housing, manufactured buildings and services, parks, trees, buildings and technical infrastructure for preserving and embellish the valuable architectural and natural landscape, fire safety, fire protection, urban environment.
A detailed plan is approved pursuant to the investment projects, the choice of location and review certification decisions, planning and construction permit.
Article 10 jurisdiction to establish, approve projects of urban planning are defined as follows: 1-the Prime Minister approved the General Plan of the municipality of type I, type II, and the construction plan of the town when it deems necessary.
The people's Committee of the central cities, browse the construction plan of the town under the control of the Prime Minister's approval.
The Ministry of construction held up the urban master plan type I, type II and verify the construction plan of the town under the control of the Prime Minister's approval.
2-people's Committee, the central cities approved the construction plan of the town left in his local.
The people's Committee in the cities, towns and arrondissement browse general plan and the detailed planning approval under the authority of the provincial people's Committee.
The architect or the building Department (for the municipality does not have a Chief Architect) held up, verify to provincial people's Committee report on the construction plan of the town.
The Chief Architect of the city of centrally held up, examine and browse the construction plan of the town under the jurisdiction of the people's Committee approval city centrally.
The review of the General Plan of the municipality of type III and type IV, detailed planning of the urban centre category I, category II and the national highways passing through the municipalities of the capital must have official opinions written by the Ministry of construction.
Article 11 the Ministry of construction issued the rules, standards, processes, and guidance in the preparation, testing, review of urban construction planning.
CHAPTER III CONSTRUCTION MANAGEMENT WORKS in the MUNICIPALITY article 12 works in the municipality include works on the ground, underground or overhead works, including works of sculptures, paintings, posters, billboards must be designed, constructed according to the overall planning, detailed planning investment projects, and the competent State bodies.
Article 13 manage the renovation and construction of public works in the municipality include: 1-selection of construction and planning certificate to guide the use of urban land;
2 – building permit or a decision to suspend the construction, restoration works in the municipality;
3-guide the renovation and construction of public works in the municipality;
4-registration, certificate of ownership of the process;

5-investigation, statistics and records works in the municipality.
Article 14 where investment Owners when conducting feasibility or project design-construction works in the municipality must please the management agency urban planning construction place whichever.
When the location has been determined, the users Master Chief or Department of construction (for the municipality does not have a Chief Architect) planning certificate under the recommendation of the owner. Pursuant to certificate of urban planning include: 1-overall planning and detailed planning is the competent State agencies;
2-standards, rules on urban construction, sanitation, fire safety was issued or allowed use.
Article 15 in the planning certificate should clearly define the following principal requirements: 1-the requirements on hygiene, fire safety, fire, environmental protection;
2-requirements for land use planning, architecture and urban landscape such as: relationship building locations with limited land area, overall in just about the building and the red line; the purpose of land use; building density; coefficient of land use; the maximum height of buildings and the size of parts of constructions are allowed to overhang width, walls and fences, green trees;
3-requirements for the construction and exploitation using technical infrastructure such as traffic, drainage, leveling, dirty water, water supply, and contact information.
Article 16 after project construction, the owner proceeded to do the procedure of land, land use right certificates and building permits in State agency authority.
Article 17 the licensing and construction are based on the legal papers on land use and ownership structures, the minimum conditions of sanitation works, the requirement for planning urban architecture, about the landscape works, urban landscape, the comfort factor inconvenient, are defined in the specific standards, rules of urban planning and the regulation of urban construction.
For large, important before granting a building permit, the Ministry concerned should consider carefully about structural stability and environmental engineering, environmental, security, fire safety, fire and other issues; When the need for architectural planning Council the province or the city of centrally reviewed before submission to the competent State agencies for approval.
Article 18 The case is free of license: 1-Long building permit: the repair such as fillers, patch, scanned, limestone tile, tile, instead of doors (except doors open out to the main street) and the restoration, repair, installation of the equipment in the House, the Interior does not make adverse structures nearby and houses architectural face to face city.
2-Long demolition permit;
a) The existing facilities to serve the construction works had a building permit;
b) temporary works has expired;
c) the works do not have a building permit or due to breach of the rules of construction;
d) works to enforce the decision of the Court;
e) in the case of an emergency such as the badly damaged buildings, can cause accidents or when there is favoritism in fire.
Article 19 application for permission to repair and renovate: 1-application for building permission (by the owner of the work name); the case of the State-owned works by authorized organizations invested stand name;
2-The proof of home ownership and land use have attached shows the map of the location of the work rate of 1/100-1/500;
3-technical design records by organizations or individuals have licensed the design;
For large, important, technical design must be approved by the competent authority;
4-gauge shot 9 x 12 cm main hand works with adjacent space before restoration.
Article 20 application allows new construction: 1-application for building permission (owner name);
2-The proof of right to use land (decisions, lease the land or the land use right certificates);
3-profile design engineering by organizations or individuals have licensed the designs.
For works great, important, technical design must be approved by the competent authority.
4-for the work of the foreign investment it must have a copy of the investment license by the State Committee for cooperation and investment.
Article 21 licensing authority for repair, renovation or new construction are defined as follows: 1-Chief Architect or building Department (for the municipality does not have a Chief Architect) licensed repair and construction license works in the municipality according to the authoritative history of the Chairman of the provincial people's Committee , central cities.
2-a representative of the Chief Architect of the city or the facility built in the town, County, district level and repair permit building permit individual works, selling the shelters in the following positions: a) On the road in the City box, the internal alleys have width of not more than 12 m;
b) in the zone had detailed planning is the competent State bodies.
Article 22 review, time resolved application permission repair, renovation and construction of regulation works as follows: 1-not more than 30 days for the private homes and not so 45 days for other works since getting enough records;
2-the case of the House in danger of collapse, the review time resolved not more than 10 days from the receipt of the application.
So the time limit on, if not solve, the receiver profiles to notify the reasons for the litigants said. For the case that the refusal to license was not plausible, then the application has the right to appeal to the Chairman of the provincial people's Committee, the central cities. The decision of the Chairman of the provincial people's Committee, the central cities of effect execution.
Article 23 building owner is responsible for the correct implementation of the content specified in the building permit: 1-case design change request, then the owner must file additional adjustments to design and apply for re-issuance of licenses;
2-If the incorrect construction building permit has been issued, the owner or owners of construction incurred full responsibility and must be properly enforced the requirements of the Chief Architect of the city or the Department of building (for the municipality does not have a Chief Architect);
3-after 12 months since being granted a building permit for which the owner has yet to start or not start continue building the building permit is no longer valid. If there is still construction needs, the owner must apply for renewal of building permit.
Article 24 When built, the owner must notify the Committee, Ward people's communes in the know.
In the course of construction works great, important construction units must have a fixed message display at the location of construction, which must specify the name of the work, the contractor's name, number of the building permit, the duration of execution, including perspective drawings that works.
Article 25 the construction, maintenance repair works are not damaging to the work on the ground, underground and above is not directly involved, and must take measures to ensure traffic smoothly and safely on the roads.
Article 26 the construction of underground works under major roads should be conducted, at the same time. In cases not yet eligible to build synchronization that must still proceed to build each part must have the solutions and to be the Chairman of the provincial people's Committee, the central cities.
Article 27

1-after building or renovating, the owner must complete the prescribed records and must be submitted to the following bodies: a) Chief Architect or construction Facility for the municipality no Comments in person, Master Chief;
b) land management agency (if the structure) or public transport agency (if is the technical infrastructure) of the province or city level for storage.
2-do the registration, certificate of ownership and the land use rights at the State agency authority.
 
CHAPTER IV PROTECTION of the LANDSCAPE and the URBAN LIVING ENVIRONMENT Article 28 urban landscape comprising natural landscapes and artificial landscapes.
The Chief Architect of the city or the Director of the Department of building (for the municipality does not have a Chief Architect) is responsible for the renovation and construction of public works in the municipality of America, requires the use of sustainable levels, and are combined in harmony with the natural landscape, preserving the landscape and the historical monuments.
Article 29 the Organization, individuals are using to preserve buildings, maintenance of buildings and architectural face planting in accordance with campus or building of the town.
The people's Committee of the municipality must ensure for the streets, piazzas, gardens, parks, bridges, tunnels are illuminated and have the name; the buildings must be registered under the provisions of the State.
Article 30 the Ministry of culture and information, is responsible for the religious and historic buildings, cultural Protection Ordinance and the use of historical, cultural and do attractions.
Article 31 The construction layout of the type of information, advertising signs, paintings, statues and outdoor large size of organizations or individuals that affect the face urban and architectural landscape of the street must have a permit issued by the Department of culture and building permit of Chief Architect or building Department (for the municipality does not have the Chief Architect).
Article 32 The green trees, green specialized in public and green trees in the campus buildings face the main street approach are to be grown according to the approved plan and the guidance of the governing body of the town authority, ensure the required use, landscape municipality improves micro-climate, environmental hygiene and not damaging the works technical infrastructure on the ground as in the air.
The felling of trees in the municipality to be the governing body of the town authority, except in cases of emergency due to natural, room.
Article 33 prohibits any digging, leveling, mining deform the terrain, the landscape in the areas of nature protection, landscape has been rated, the reservoir water, and open water in the municipality was planning, except where specifically authorized State agencies allow.
Article 34 in the preparation and review of the construction plan of the town, the project construction works in the municipality must review to the reasonableness of the location of construction, its impact on the environment of the town. Customize the level of pollution, scale, the plan, the project must have the consent of the governing body of the State environmental authority before approval.
Article 35 1-organizations and individuals are managed using the project toxic waste pollutes the urban environment must take measures to handle the to do list before discharged General treatment of the municipality, and must register with the State-level environmental management authority on : a) The type and amount of waste waste;
b) and waste disposal measures.
2-the case of the waste harmful due to the process of operating the works cause not yet have effective processing measures shall be reviewed, handled by one of the following methods: a) to suspend the operation of works;
b) move to new locations work consistent with approved plan.
Article 36 of the city people's Committee, the town, the town assigned to the organization dedicated to collecting, gathering, processing of industrial wastes and living, to do the service of waste regulating areas consistent with approved plan.
At the convergence point of living and public works as fair, railway station, shops, bus station, ferry in municipalities, listing right management rules preserving hygiene, public toilet layout, where bins, parking, parking arranged using reasonable ground, ensuring traffic safety.
Article 37 When executing, the owner and the contractor must implement the rules, order order, to take measures to shield against spam and ensure security for the people and the neighboring buildings. The transport of materials and scrap-built not to dirty the streets. Case construction pollution, noise, dust, fumes, toxic, then the contractor must have the responsibility to eliminate malware, reduces noise below the level prescribed by the State. When construction is complete the work before the trials entering service, the contractor must clean up the ground, lifted the Shack and farm building area.
 
Chapter V MANAGEMENT of the USE and EXPLOITATION of the INFRASTRUCTURE WORKS MUNICIPALITY of ENGINEERING 38 Thing works the technical infrastructure of the town include: water transportation, drainage, sanitation, energy supply, public lighting, postal information, and other works.
Article 39 All infrastructure works municipality of techniques when building is completed must be held. The people's Committee, the city of centrally allocated to the agencies responsible for managing the use and exploitation of the works.
The content manager to use and exploit the infrastructure works municipality of technique are: 1-create and store biographies, profiles completed construction works;
2-detect damaged the normal activity for the projects;
3-maintenance mode implementation, maintenance, improvement and upgrades to maintain the quality of the work periodically and annual plan;
4-signed the contract to provide the technical infrastructure with organizations, individuals with needs and guide the implementation of the regime of exploitation and use of the works in the correct process, technical state;
5-detect and handle breach of the regime to use and exploit the infrastructure works municipality.
Article 40 institutions, the use and exploitation of the infrastructure works municipality of technique are: 1-the accepted rules of usage modes for each type works and the coordination between types of sync works;
2-non-encroachment of public land intended for the construction of infrastructure works municipality of techniques, including protected areas be delineated according to the criteria of the State;
3-the use of the system works the technical infrastructure of the municipality must be allowed by the competent State agencies;
4-The technical damage works General technical infrastructure of the town due to the violation of the user cause must be handled and compensation of actual damage in accordance with the law.
Article 41 the repair works of the technical infrastructure of the municipality must: 1-a permit of the competent State agencies, unless exempt under the provisions of the provincial people's Committee, the central cities;
2-the consent of the professional bodies responsible for the management of the work of other technical infrastructure directly concerned;
3-there are billboards and shielding measures, ensuring traffic smoothly, environmental hygiene and safety for the public;

4-clean, return the item within 48 hours after the job is complete.
Article 42 1-The construction of the town consists mainly of: a) road network, bridges, tunnels, stations, squares, rivers, canals;
b) engineering works transportation hub: Airport, railway station, bus station, Harbor.
2-scope of protection: a) urban Roads, including the highway through the town to be limited by just about the red line, including: roadways, curb and sidewalk;
b) internal road in the city, urban collective, alleys, and waterfront indoor traffic land is limited from the foot of fence or wall of the work came out;
c) engineering works junctions are limited within the boundaries of the land according to the registration records of the main protective zone and location determined by standard, the State's legal and actual conditions of the construction area.
Article 43 urban Roads are used and exploited on the following purpose: 1-roadways for vehicles and cars, sidewalks are for pedestrians;
2-To the layout of the infrastructure works municipality of techniques such as: lighting, energy supply, water supply, communications, urban sanitation, parking stations, traffic safety devices;
3-To plant trees, orchards or green insulated;
4-To use temporary in the case when the State Agency has the authority to allow: a) the snack books, public phone booths;
b) of the public service;
c) the transit of construction materials;
d) signage, message board, advertising;
e) Looks to keep the means of transport;
g) organise cultural activities, social advocacy.
Article 44 1-water supply works of the town consists mainly of: a) the supplies of surface water or groundwater;
b) production engineering works;
c) water distribution systems (piped, Turbo and regulate) 2-scope of protection: a) surface or groundwater has a scope of protection according to the criteria of the State on the belt and the specific conditions of each area;
b) pipeline system and water distribution ranges from minimum protection pipes each side of 0, 5 m.
Article 45 management mode, exploiting and using water supply works of the town: 1-the people's committees of the province, the city of centrally delivered to specialized agency responsible for the management of urban water supply system;
2-organization or individual water use needs must and signed a contract with the professional bodies responsible for the management of urban water supply system;
3-the extraction and use of groundwater has 50m3/h and scale on the surface for the municipality to comply with urban planning and investment are mining projects; ensure durable use and exploit rationally taking into account the adverse impact to the environment and must be permitted by the competent State bodies.
Article 46 1-urban drainage works mainly include: a) the rivers, ponds, lakes, levees, dams;
b) drain, ditch, channel, track drainage gutters;
c) fixed pumping stations or storage;
d) waste water treatment stations.
2-scope of protection of the drainage of the town by the provincial people's Committee, the city of centrally regulated on the basis of the standard rules, the State and the specific conditions of each area.
Article 47 the regime management, exploitation and use of urban drainage: 1-the people's committees of the province, the city of centrally delivered to specialized agency responsible for managing the use and exploitation of the system works at first glance urban water.
2-The internal drainage (sewage, drainage pipes, manholes, ...) when connected to the drainage system of the municipality must be permitted by the Agency are dedicated to managing authority.
3-the case of wastewater containing toxic substances, environmental contaminants and pathogens, when discharged into the drainage system of the municipality must be cleaned according to the regulations on the protection of the urban environment.
Article 48 1-The electric supply and illumination of the town consists mainly of: a) The generator;
b) The transformer stations, power distribution cabinets;
c the electrical mains system);
d) Columns and lamps.
2-scope of protection of the electrical supply and lighting standards, rules the State.
Article 49 mining management mode and use the electrical supply and lighting: 1-the people's committees of the province, the city of centrally allocated to the agencies responsible for management of the system power supply and lighting;
2-organizations, individual user needs must and signed a contract with the professional bodies responsible for the management of urban electric power supply;
3-All the construction, repair, renovation works have influenced the safety village operating power supply works and public lighting should take measures to ensure the safety and the consent of the professional regulatory bodies are competent.
Article 50 authorities exploit and use the infrastructure works municipality of technique are currency and use the money to use the technical infrastructure, the fee and the surcharge under the Finance Ministry's regulations on the management and maintenance of the works and technical infrastructure of the town.
 
CHAPTER VI INSPECTIONS, checks and HANDLE breach of article 51 of the content inspection, checking the implementation of regulations to manage urban planning include: 1-discovering the breach of planning urban construction;
2-detect and handle cases of the wrong building permit or vires;
three-discovered the Act of construction, demolition works without license or wrong with the license;
4-findings of the contractor does not have legal personality;
5-discovering the violation of protected landscape and urban environment;
6-discovered the breach of mode using and exploiting the works of technical infrastructure of the town.
Article 52 assigned the responsibility to inspect, examine and handle breach of urban management.
1-Ward people's Committee, the communes make functional testing, monitoring the activities of the organizations and individuals in the area of implementing regulations to manage urban planning and law; implementation of the coercive enforcement of these decisions dealt with by State authorities.
2-the people's committees of cities, towns, districts are responsible for organizing the examination, inspection and directing people's Committee levels under the handling of infringement on the planning, construction, exploitation and use of works in the municipality according to the law.
3-people's Committee, the city of centrally issued regulations and directing subordinate people's Committee to conduct the inspection, test, handle the breach of planning management of urban construction in the locality.
Specialized departments responsible to the provincial people's Committee, the city of centrally administered State of urban planning, guides the people's committees of subordinate professional and responsible for the effective management of its branches on the cities, towns and townships.
4-people's Committee of the level of cooperation with the organs of local State administration was given the responsible manager check, discovered the breach in order to build and take measures promptly.
 

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