Decree 8/2005/nd-Cp: On Planning Building

Original Language Title: Nghị định 08/2005/NĐ-CP: Về quy hoạch xây dựng

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GOVERNMENT DECREE On GOVERNMENT building plan pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and the object of this Decree apply guidelines the provisions of the law on construction, appraisal, approval, construction planning management; about the conditions for organizations and individuals planning design construction.
The organizations, individuals, organizations, foreign individuals are related to planning to build on the territory of Vietnam are subject to the provisions of this Decree.
 
Article 2. The order established and approved the construction plan of construction planning is shown on the plan and construction is done in the following sequence: 1. Establishment, approval of construction planning tasks.
2. Census, survey, collecting the map, document, data on natural conditions, economic and social status; documentary about the planning of the overall socio-economic development and the development of related industries to form the building plan.
3. Establishment of the construction plan.
4. Evaluation, approval of the construction plan.
 
Article 3. Map-topographic surveys served up construction plan 1. Topographic survey maps to establish construction plan by the professional bodies perform. The Department does not yet have a map to terrain survey conducted survey measurements to map.
2. for the Department had surveyed the terrain maps using the map had formed the construction plan. In the case of topographic survey maps don't fit the status quo at the time of planning, the implementation of additional measurement survey. For rural areas can use maps to create the construction plan.
 
Article 4. Filing construction plan 1. Within 30 working days, since the profile construction plan was approved by the authority, the owner must complete the archive filing pursuant to the law on archives.
2. The State Management Agency about the planned construction of the levels have the responsibility to store records of construction planning.
3. Store the profile construction plan is responsible for providing the materials stored on the construction plan for individuals, organizations, State agencies have the authority under the provisions of the law.
CHAPTER II ESTABLISHMENT, APPROVAL and MANAGEMENT of CONSTRUCTION ITEMS 1 CONSTRUCTION PLANNING DEPARTMENT in article 5. Object, and the time period of construction planning department 1. Construction Planning Department was established for the aggregate function or specialization includes the key, the province, the province, the district, the district, the Department of industry, large metropolitan regions, tourism, resort, in heritage protection of natural landscapes and other areas by people with the authority to decide.
2. construction planning department was established for short-term period is 5 years, 10 years; long term period is 20 years and longer.
3. set the time of construction the plan not so 18 months from the date of the planning task was approved by the authority.
4. The construction planning department by people with the authority to decide at the request of social-economic development of each region.
Article 6. The task of planning the construction of the 1. Planning tasks content building Department include: a) predicts the population of the town, the countryside fit with overall planning the social-economic development of the region and population distribution strategies by country for the period of 5 years, 10 years and longer;
b) organized the space industrial base was primarily construction systems, technical infrastructure, social infrastructure on the range under each stage match the potential and overall planning the social-economic development of the region;
c) space organization of urban systems, settlement consistent with geographical conditions, the nature of each area ensures the security, defense and exploiting the natural resources of the entire region, environmental impact predictions.
2. location, drawing the boundaries, the scale and the relationship the Union, the rate of 1/100,000 to 1/500,000.
3. set the time of the mission, approved regional construction planning no more than 3 months for the province, may 6 for the province since May was charged formally.
Article 7. Planning for base construction of the 1. Construction planning of the mission was approved.
2. Overall planning the social-economic development of the region, the development of the sector concerned (if any).
3. Orientation of overall planning the development of the municipality and the system of the national technical infrastructure has been the Prime Minister for approval.
4. The results of the investigation, survey and data, related documents.
5. the Standard Rules, construction standards.
Article 8. Construction planning of the content depending on the characteristics, the scale of each Department, the Planning Department has built the following: 1. Assess current state of natural conditions, the economy and society; determine the power development department.
2. determining the system of the municipality, the settlement; industrial, agricultural, forestry, fishery, and tourism; heritage protection areas, natural scenery, cultural and historical; the area of building and developing reserves.
3. Identify network, the location, the scale works the clue of technical nature or the region.
4. Expects the development priorities and implementation resources.
5. environmental impact prediction region and proposed measures to mitigate the adverse environmental effects of the construction plan.
Article 9. Record the construction plan according to the characteristics, the scale of each region, records the construction plan includes the following records: 1. The drawing consists of:-a map location and interregional relations; the rate of 1/100,000 to 1/500,000.
-Map the current state of the aggregate including land use, economic systems, the system of urban and rural population points, the system works in the social infrastructure and the technical infrastructure of the region; synthetic evaluation of construction land; the rate of 1/25,000-1/250,000.
-Map the orientation of development of space systems of municipalities, the rural residential, industrial, agricultural, forestry, fishery, and tourism; heritage protection areas, natural scenery, cultural and historical; the area of construction and the development reserve; the rate of 1/25,000-1/250,000.
-Map navigation system development technical infrastructure works; the rate of 1/25,000-1/250,000.
2. the report includes demonstration, the relevant legal texts, the process of approval of the construction plan.
Article 10. Regulations on the management of the Planning Department on the basis of construction drawing content, presentation of projects planning, recommendations, solutions implemented the construction plan according to the stage and asked the region's development, approval authority building plan Department issued regulations on the management of construction planning department. Content rules include: 1. Provisions on the position, role, function, the scale of the social infrastructure works and infrastructure Department, interregional nature.
2. The provisions of the scope of protection, the safe corridors for the clue, the main infrastructure works by regional, interregional in nature and environmental protection measures.
3. Provisions on conservation, embellish the natural heritage, the architectural works of value, area attractions, the historic-culture in the region.
4. Assignment and planning of management responsibility for the local authorities in the region according to the construction plan.
5. Other regulations.
Article 11. Appraisal, approval of the mission, the building plan

1. for construction Planning Department, the province or the region is planning to build at the request of the Prime Minister: a) the Prime Minister approved the mission, building plan Department within 25 working days from the date of receipt of a valid application;
b) The construction of the building plan Department under the authority of the Prime Minister for approval within the time limit of 20 working days from the date of receipt of a valid application.
2. for construction planning in the region: a) the provincial people's Committee approval of the task, the construction plan in its administrative boundary management within 15 working days from the date of receipt of a valid application;
b) construction or architectural planning of Facility for the Department of city planning, architecture evaluation task, the construction plan approved by the jurisdiction of the provincial people's Committee in the time limit of 20 working days from the date of receipt of a valid application.
Article 12. Adjust the plan to build the 1. Construction planning of the region was adjusted when there is one in the following cases: a) the adjusted master plan for socio-economic development of the region, the region's industry development plan, national defense and security strategy;
b) Have changed about the geographic, natural conditions, population and socio-economic.
2. The time limit for considering the adjustment of the construction planning department at the request of the approval authority building plan Department.
3. content adjustment of construction planning department is based on the analysis, reviews the implementation plan was approved earlier, determine what factors affect the adjustment of the planning; to ensure the inheritance and only adjust the contents change.
4. Who has the authority to approve the mission, building Planning Department shall approve the adjustment of duties, projects of construction planning adjustment Department.
Section 2 GENERAL PLANNING of URBAN CONSTRUCTION article 13. Object, and the time period overall planning urban construction 1. Overall planning urban construction was set for the municipality of special type, type 1, type 2, type 3, type 4, type 5, the County of central cities, the new municipality of the province, the municipality has a population of scale equivalent to class 5, the high-tech zones and economic zones have special functions.
2. Overall planning urban construction was established for short-term period is 5 years, 10 years; long term period is 20 years.
3. common planning time built the town as follows: a) general planning of urban construction under the authority of the Prime Minister's approval, time not exceeding 18 months from the date of the planning mission approved;
b) overall planning urban construction approved by the jurisdiction of the provincial people's Committee, the time 12 months from the date of the planning mission approved.
Article 14. The task of the general planning of urban construction 1. General planning tasks content build municipality include: a) determine the nature of the town, the population of the town, the development orientation of space and urban infrastructure, social infrastructure in the municipality according to the period of 5 years, 10 years and predicts the direction of development of the municipality to 20 years;
b) for overall planning for urban renovation construction, in addition to the contents specified in point a of paragraph 1 of this article have to determine the right area clearance, the area was retained to embellishment, these areas must be protected and the other specific requirements according to the characteristics of each municipality.
2. The drawing location, boundaries and regional relations; the rate of 1/25,000-1/100.000.
3. time set the task of overall planning for urban construction, as follows: a) for mission planning urban construction under the authority of the Prime Minister's approval, time not exceeding 12 months from the date officially assigned;
b) for mission planning urban construction approved by the jurisdiction of the provincial people's Committee, the time set not too official since May 3, was tasked;
Article 15. The base projects overall planning urban construction 1. Master plan-driven development of urban system in Vietnam was the Prime Minister for approval.
2. Overall planning the social-economic development of the region, the province and the specialized planning.
3. construction planning department.
4. The task of the general planning of urban construction has been approved.
5. The results of the investigation, survey, document, data on meteorology, hydrography, Naval, geology, economics, social status and other statistics, other relevant documents.
6. the Standard Rules, construction standards.
Article 16. The content overall planning urban construction depending on the characteristics, the scale of each municipality, municipality building master plan includes the following: 1. Analysis, evaluation of natural conditions and the current state of the economy and society; population, labour; use of land; current state of construction; social infrastructure, infrastructure and urban sanitation.
2. Identify potential, motivation and formation of urban development; the nature and scale of population, labor and land scale urban construction; the technical-economic norms mainly for the early development of the town.
3. Orientation of urban space development including urban and suburban market: a) the projected land use according to each municipality's planning stages;
b) determine the Systems Center; the location, scale, scope functional areas in the municipality; the current stable development zone; the need of embellishment, renovate, upgrade; the need to conserve, embellished; the convert function; the planned new construction; the construction area and the areas expected to grow expand municipality; It is expected that the area of construction of underground works in the municipality;
c) identify indicators by area, population density, building density, land use coefficient and maximum height, minimum of works in the functional areas of the town.
4. Development of technical infrastructure system in the municipality include: a) General evaluation and selection of urban construction land; determined tephrosia build control of each area, the entire municipality and the municipality of major transport axes;
b) determine network traffic, urban traffic, position and scale works junctions such as: airports, seaports, river ports, junctions, irrigation; the organisation of public transport for the urban type III; define just about red line the main axis of the town and the system yet nen techniques;
c) source selection; determining the scale, location, capacity of clue works; transmission and distribution networks of the water supply system, electric supply; the sewer line network; waste water treatment works, solid waste; cemeteries and other works.
5. Expects the development priorities and implementation resources.
6. Urban design: content design urban overall planning in urban construction are made according to the provisions of article 30 of this Decree.
7. environmental impact assessment and propose measures to mitigate adverse effects on the environment in the General Plan of construction of the town.
Article 17. General plan profile urban construction 1. The drawings include:-location and the relationship; the rate of 1/50,000-1/250,000;
-The map status for general planning design of urban construction; the rate of 1/25,000-1/5000;
-Map the orientation of developing the urban space; the rate of 1/25,000-1/5000;
-The planning map of the layout of the urban land use according to each stage of planning; the rate of 1/25,000-1/5000;

-The map of the planning system for urban infrastructure; the rate of 1/25,000-1/5000;
-A map just about red line the main road axes, control of urban construction; the rate of 1/25,000-1/5000;
-General map of the lines, the technical pipeline construction; the rate of 1/25,000-1/5000;
-The design drawings of the town according to the provisions of article 30 of this Decree.
2. the report includes demonstration, the relevant legal texts, the process of approval of the construction plan of the town.
3. for class 5, status maps, map of planning was established on the rate of 1/2000.
Article 18. Regulations on the management of urban construction planning on the basis of the drawing content, presentation of the plan, the proposed solution, make overall planning for urban construction, the authority approved the General Plan of building the municipality issued regulations to implement the master plan consists of the following contents : 1. Provisions on conservation, embellish the architectural, landscape, cultural heritage, historic areas-culture in the municipality.
2. Regulations on the protection of safe corridors infrastructure works municipality's technical and environmental protection measures.
3. the only provisions about the red line of the downtown core, building control of the municipality, the zone to build.
4. the regulations of the target area, building density, land use coefficient and maximum height, minimum of works in the functional areas of the town.
5. the decentralized and regulated the responsibility of construction planning management of the urban authorities in the implementation and management of the overall planning of urban construction.
Article 19. Appraisal, approval of the mission, the General Plan of building the municipality 1. For the municipality of special type, type 1, type 2, the new municipality of the province, the municipality has a population equivalent to the municipality of type 2 and older, the high-tech zones and special economic zones: a) the Prime Minister approved the mission, the General Plan of building the municipality within 30 working days from the date of receipt of a valid application of the assessment bodies;
b) The construction of the evaluation mission and the General Plan of building the municipality of special type, type 1 and type 2 in the approval authority of the Prime Minister within 30 days from the date of receipt of a valid application of the process.
2. for the municipality of type 3, type 4, type 5, the County of central cities and municipalities have equivalent scales: a) the provincial people's Committee approved the mission, general plan of construction within 30 working days from the date of receipt of a valid application of the assessment bodies;
b) building or Facility planning-architecture for the province, the City Department of planning-architecture evaluation missions and the General Plan of building the municipality approved jurisdiction of provincial people's committees within 30 working days from the date of receipt of a valid application of the process , before the same level people's councils to decide.
Article 20. Adjust general planning of urban construction 1. Overall planning urban construction are adjusted when there is one in the following cases: a) the case where the conditions of natural geography, has large fluctuations such as landslides, flooding, earthquakes and other factors; the administrative boundary changes, change the orientation of social-economic development; change the factors influenced the development of the municipality as the role, functions of municipalities, development dynamics, population size, the overall adjustment;
b) cases to attract investment capital to build and meet other targets without making big changes to the development orientation of the town, the local regulators.
2. content adjustment planning general construction urban construction are based on the analysis, reviews the implementation plan was approved earlier, determine what factors affect the adjustment of the planning; to ensure the inheritance and only adjust the contents change.
3. Who has the authority to approve the mission, general planning of urban construction, the approval task to adjust, adjust general planning projects of urban construction. Local adjustment case for overall planning for urban construction of special type, type 1 and type 2, then Chairman of the provincial people's Committee approved a local adjustment plan after it is approved by the Prime Minister and is responsible before the law for his decision.
Section 3 PLANNING URBAN CONSTRUCTION article 21. The object and time planning for urban construction details 1. Detailed planning of urban construction was established for the functional areas in the municipality and the industrial, high-tech zones, export processing zones, protected areas, cultural heritage, tourism, resort or other areas that have been identified; improving the status of the embellishment of the town.
2. time setting detailed plan urban construction such as the following: a) for detailed plan urban construction ratio of 1/500, the time required by the project;
b) for detailed plan urban construction ratio of 1/2,000, time not exceeding 12 months.
Article 22. The task of planning the details of urban construction 1. Planning tasks content of urban construction details include: a) determines boundaries, an area of the region to design detailed planning;
b) identifies the category works need construction including: new construction, the need to adjust the page, restoration, conservation, embellished in the planning area;
c) define the technical-economic norms mainly on land use, social infrastructure and technical infrastructure; the space requirements, architecture, urban design and other requirements for each area of design.
2. the people's committees at district level are responsible for people's opinions about the task of detailed planning urban construction through the locality and representative of the people's Committee in the area of township-level writing or planning the Organization of the meeting.
3. The drawing location area boundary, from the general planning design of urban construction, 1/5000? 1/10,000.
4. time set the task of detailed planning urban construction not exceeding 12 months.
Article 23. Detailed planning base urban construction 1. Construction Planning Department, general planning of urban construction has been approved.
2. The task of detailed planning urban construction was approved.
3. The results of the investigation, survey, and the data material on meteorology, hydrology, geology, literature, current status of economic, social, cultural and other documents, the data concerned.
4. the Standard Rules, construction standards.
Article 24. Content of detailed planning urban construction 1. Analysis, evaluation of natural conditions, construction, residential status, social, landscape architecture, historical-cultural, the possibility of using the existing Land Fund and the Land Fund is expected to grow.
2. Determine the nature, function and technical-economic norms mainly on land use, social infrastructure and regional infrastructure design; contents restoration and new construction.
3. Planning of land use master plan; determine the norms for each plot of land area, building density, land use coefficient, high floor works; the location, the scale of underground works.
4. The planning system for urban infrastructure: a) to identify the network of roads, the cut, just about the red line and only about building; the location, scale Ben, parking and subterranean works system, while nel techniques;

b) identifying needs and sources of water supply; the location, the scale works plant, pump stations; storage tanks; water supply pipe network and its detailed specifications;
c) determine demand and supply of electricity; the location, the scale of distribution power stations; medium voltage lines network, low voltage and lighting;
d) define drainage network; the location, the scale of the contaminated water treatment facilities, waste.
5. Expects the development priorities and implementation resources.
6. Urban design: content of urban design in the planning of urban construction details are carried out according to the provisions of article 31 of this Decree.
7. environmental impact assessment and propose measures to mitigate adverse effects on the environment in the detailed plan of construction of the town.
Article 25. Opinions about detailed planning urban construction 1. In the process of detailed planning of projects urban construction organization design consulting, planning to coordinate with local governments to obtain people's opinions in the area of the planning of the relevant content to the construction plan.
2. Form comments: display the diagram, drawing the zoning approach; comments by votes. Who is responsible for poll answered in time of 5 working days from the date of receiving the slip opinions; After the prescribed time limit, if not answered, then regarded as agree. 3. Before the competent authority approved the detailed plan of construction, consulting organizations are responsible to report to the Agency for approval of the results, as the basis for approval.
Article 26. The records detailed plan to build 1. The drawings include: a) for detailed planning of construction the rate of 1/2000:-map location and limited land area; the rate of 1/10,000 to 1/25000;
-The map the current state of the architecture, the landscaping, the technical infrastructure and the building land fund assessment; the rate of 1/2000;
-Map the space organization of landscape architecture, 1/2000;
-Planning map of the premises or land use; the rate of 1/2000;
-The map of the planning system for technical infrastructure; the rate of 1/2000;
-The map is only about the red line, is just about the construction and protection of the corridor technical infrastructure; the rate of 1/2000;
-General map of the lines, the technical pipeline; the rate of 1/2000;
-Modeling; the rate of 1/2000 or the appropriate rate.
b) for detailed planning of construction the rate of 1/500:-The map is specified as detailed planning for the construction of 1/2,000 but are shown to each works according to the rate of 1/500;
-The design drawings of the town according to the provisions of article 31 of this Decree;
-Modeling; the rate of 1/500.
2. the report includes demonstration, the relevant legal texts, the approved detailed plan urban construction.
Article 27. Regulations on the management of planning construction details 1. Customize each detail plan to build specific, competent person approved the design of the detailed planning of building regulations on the management of planning construction details include the following: a) prescribed the boundaries, scope planning construction details;
b) regulating the location, boundaries, the nature and scale of the functional areas within the area of design; the only goal of building density, land use coefficient, high floor, built for each plot of land; just about the red line, is just about the building and the specific technical requirements for each route; the range and corridor protection technical infrastructure works;
c) regulations regarding the location, scale and scope, the corridor of protection for the construction works, on the ground and on high;
d) Regulation on the conservation, restoration, embellishment, embellishment works architecture, historical-cultural, topographical and landscape ecological environment protection;
DD) regulations on urban design provisions in article 31 of this Decree;
e) decentralized and regulated the responsibility of building management as detailed planning for urban construction.
2. for regulation management of detailed planning urban construction 1/500, approved by the competent authorities responsible for taking the opinion of the people's representatives in the area of planning before approval.
Article 28. Evaluation, approved a detailed plan to build 1. For the detailed planning of construction the rate of 1/2,000 of the municipalities of special type, type 1, type 2, type 3, the high-tech zones and special economic zones: a) the provincial people's Committee approved a detailed plan to build the municipality within 30 working days from the date of receipt of a valid application of the appraisal. Depending on the location, the scale of the construction plan, the provincial people's Committee may authorize the people's committees at district level;
b) building or Facility planning-architecture for the province, the City Department of planning & evaluation architecture detailed plan urban construction approval jurisdiction of provincial people's committees within 30 working days from the date of receipt of a valid application of the process.
2. for the detailed planning of construction the rate of 1/2,000 the municipality type 4, type 5; detailed planning for the construction of 1/500 of the municipalities of special type, type 1, type 2, type 3: a) district-level people's Committee approved a detailed plan to build the municipality within 30 working days from the date of receipt of a valid application of the assessment bodies;
b) building management bodies at district level evaluation plan details the construction of the town under the jurisdiction of the people's Committee approval district level within 30 working days from the date of receipt of a valid application of the process.
3. Who has the authority to appraise, approve the detailed planning of urban construction is responsible for the evaluation, approved in accordance with the stipulated time and responsible before the law for the content evaluation, approval.
Article 29. Adjust the detailed planning urban construction 1. Detailed planning of urban construction are adjusted when there's a review in the following cases: a) general planning of urban construction are adjusted or adjusted influenced the local planning area construction details;
b) Should encourage investment but should match the overall planning of urban construction sector functions;
c) project has detailed planning, in time, not implemented.
2. When adjusting the planning construction details, the approval authority is the people's opinions through votes or opinion held meetings represent the locality and ward people's Committee in the area related to the adjustment plan.
3. Who has the authority to approve the detailed planning of urban construction, the approval of the adjustment of detailed planning urban construction.
The URBAN DESIGN section 4 Article 30. Urban design in urban construction planning 1. Content of urban design in urban construction planning: a study on architectural region), the landscape of the municipality; proposed organization of the space for the downtown, the gateway of the town, the main town, the main space axis, large square, the green space, the surface and the focal points in the municipality;
b) study identified maximum height, minimum height of buildings in functional areas and the whole municipality.
2. urban design profiles include: a) the drawings developed side by side, stand in the center of the main square, have perspective drawings illustrating;
b) drawings developed side by side, stood the main streets have perspective drawings illustrating;
c) depending on the specific conditions of each municipality, modeling the functional areas or municipalities according to the appropriate rate.
Article 31. Urban design in detailed planning of urban construction

1. Content of urban design in the planning of urban construction details: a) research, identify the focal point works in the area of planning under the direction of different vision; construction height for each plot of land and for the whole area; about back of the works on each street and the junction city;
b) study the cubes, color, light, mainstream architectural forms of the architectural works; the system of green trees, the water, the square; just about the red line, is just about the construction, determined tephrosia road, sidewalk, reinforcement, background height control works on each street;
c) regulations on the management of the urban landscape architecture includes only provisions about the red line, is just about to build, build, build the trackbed pavement for all online city; Regulation height and floor height a of works; Regulation of architectural shapes, the facade, roof, awning, couch, balcony of the works; Regulation colours, light, construction materials; the rules of urban utility buildings, monuments, murals, billboards, sign, symbol tables, trees, Garden, fences, paths for disabled people, pavements and architectural regulations cover the technical infrastructure works municipality.
2. urban design profiles include: a) drawing, developed the facade according to the city; the rate of 1/2,000 or 1/500;
b) drawings of important sections on the city; the rate of 1/2,000 or 1/500;
c) demonstration projects;
d) regulations on the management of projects of landscape architecture;
DD) models; the rate of 1/500 or 1/2000 or have the appropriate rate depending on the design area.
3. The construction of the urban design guidelines in the general planning of urban construction and detailed planning of urban construction.
Section 5 of the PLANNING CONSTRUCTION of RURAL RESIDENTIAL POINT of Article 32. Object, and the time period of planning for construction of rural residential point 1. Construction planning of rural settlement was established for the residential and township centre point of rural residential point of focus as Hamlet.
2. Before construction planning for each rural settlement planning to build network of rural residential point within the administrative boundary of the commune.
3. planning period construction of rural residential point of short period is 5 years, the long-term period of 10 years to 15 years.
4. planning period construction of rural residential point of not more than 6 months.
Article 33. The task of planning the construction of rural residential point 1. Planning tasks content build rural settlement involves: a) forecasting the scale of population growth as on stage;
b) define rural settlement network on locality;
c) construction planning of rural settlement;
d) construction planning of the town centre.
2. Drawings showing the location of the boundary, the rate of 1/25000; the boundary settlement ratio of 1/5000.
Article 34. The content of the planning construction of rural residential point 1. The content of the planning construction of rural residential point includes the following major contents: a) the current state of analysis of population, labour, the situation of socio-economic development; population projections for each stage of planning;
b status) analysis of land use; the forecast of land use scale for each stage of planning;
c) master plan of land use master plan; the layout of the buildings, structures are preserved; improvement and embellishment; the technical infrastructure works, social infrastructure; Locate the area of construction and environmental solutions;
d) expected the development priorities and implementation resources.
2. The records of construction plan on rural settlement include: a) drawings:-map the current state of the construction, the use of land in rural settlement; the rate of 1/500-1/2000;
-Map plans and settlement infrastructure on locality; the rate of 1/25,000-1/5000;
-A map of the overall planning of architectural space and the technical infrastructure of rural residential point; the rate of 1/500-1/2000.
b) presentation.
Article 35. Regulations on management of rural settlement building authority approval of the construction plan on rural settlement issued regulations on the management of planning of rural settlement building including the following: 1. Prescribed construction planning boundary for each rural settlement.
2. The provisions of the construction zone; the range and corridor of protection of technical constructions, areas with the possibility of avalanche, hazard; reserve a residential development, the conservation area of historic, cultural and other areas.
3. the only provisions about the red line, is just about the construction for the transportation system in the point of traffic systems, residential commune.
4. Regulations on the protection of the environment for rural settlement.
5. Other regulations.
Article 36. Appraisal, planning construction of rural residential point 1. District-level people's committees to approve the mission planning, planned construction of rural residential point after the people's Council granted through Township by resolution and there are sheets of the approval of the people's Committee of social time in 20 working days from the date of receipt of a valid application.
2. building management bodies at district level evaluation mission planning, construction plan of rural residential point during 30 days from the date of receipt of a valid application, the district level people's Committee approval.
Article 37. Adjust the planning construction of rural residential point 1. Construction planning of rural settlement adjustment when there is one in the following cases: a) socio-economic development strategy of local society was adjusted to the changing structure of local trades workers, increased demand, reduced the population of the locality;
b) geographical conditions of natural fluctuations, such as administrative boundaries change, landslides, floods, earthquakes and other factors that affect the forecast of social-economic development of the locality.
2. district-level people's committees decided to adjust the planning of rural settlement building and responsible before the law about his decision.
3. The implementation of the adjustment of the planning of rural settlement construction must ensure inheritance, just adjust the content should change.
ITEM 6 CONSTRUCTION PLANNING MANAGEMENT Article 38. Plans to build 1. For construction planning: a) The Build Guide and the provincial people's Committee in planning the organization plans to build the province under the authority of the Prime Minister's approval;
b) district level people's Committee in the Township planning level, the Organization announced the planned construction of the approval authority of the provincial people's Committee;
c) content of the planned construction of the region as specified by the approval authority.
2. for overall planning for urban construction: a) the people's Committee responsible for organizing the General plan announced construction of the municipality was in the territory of its administrative management;
b) content announced overall planning urban construction in accordance with the approval authority.
3. for detailed planning of urban construction: a) the people's Committee of the level of responsibility the Organization announced a detailed plan of construction approved in the territory of municipality administration by themselves managed to implement and oversee the implementation;
b) contents published detailed planning of urban construction: publish the entire content of the planning and regulation of construction planning management of the construction plan.
4. for construction planning of rural settlement: a) the Committee held Township people's planned construction of rural residential point;

b) content of the planned construction of rural residential point: publication of the entire contents of the planning and regulation of construction planning management of the construction plan.
5. within 30 working days from the date the competent State Agency approved construction planning, the people's Committee of the levels prescribed in paragraphs 1, 2, 3 and 4 of this Article are responsible for organizing the construction plans.
6. Who is responsible for building plans if not the Organization announced, the Organization announced the delay, announced the wrong content construction plan has been approved, then depending on the extent the violation must be responsible for the discipline, being prejudice criminal liability, compensation for damage caused by his fault.
Article 39. Forms of publication, public construction planning according to the type of construction, the Planning Authority announced the construction plan to decide the form of publication, public construction plan as follows: 1. Conference the planned construction of the participation of representative organizations of , the relevant agencies, the Fatherland Front, the people's representatives in the planning, the press agency.
2. publicly displays, regular, continuous panels, drawing, model in a public place, in the Agency management of construction levels, social people's Committee for planning construction details.
3. Advocacy on the means of mass communication.
4. building planning map, rules of construction planning management can print to wide release.
Article 40. Gender demarcation building outside the field 1. Based on the record, the boundary demarcation world built outside of the field include: just about the red line, is just about to build, build, build zone boundaries. Slowly for 60 days from the date of the construction plan was announced, the demarcation must be completed.
2. organizational responsibility, implementation of demarcation just world: a) the provincial people's Committee has the responsibility for directing the construction of gender demarcation for the construction plan in the scope of administrative boundary management by themselves;
b) district level people's committees responsible for organizing gender demarcation building for the construction plan in the scope of administrative boundary management by themselves;
c-level people's committees) is responsible for implementation of demarcation about building for the construction plan within its administrative boundaries.
3. The mold must ensure sustainable levels, the standard size and recorded the indicators according to the regulations.
4. the people's Committee of the social responsibility to protect the local landmarks.
5. Who would have the world's only demarcation behavior, build the wrong location; relocating, mold infestation, only reinforced the building depending on the nature and extent of the violation, dealt with administrative, being prejudice criminal liability or compensation for damage caused by his fault according to the provisions of the law.
Article 41. Provides information on the planning of building 1. Construction management agency the responsibility to provide information about the location of construction, only about the building, just about the red line, reinforced construction, construction planning certificate and other information related to the planning when the Organization, individuals are asked within the construction plan management by themselves.
District-level people's committees are responsible for organizing the reception, processing and providing information when requested.
Time to provide information upon request in writing to a maximum of 20 working days, since when required.
2. The requirement to provide information in writing must bear the entire cost of his information document request.
3. Who is responsible for providing information to be responsible before the law on time to provide information and the accuracy of the materials, figures to offer.
7 ENTRIES for CAPITAL CONSTRUCTION PLANNING Article 42. Funding for planning of building 1. The State budget was balanced in the annual plan to the Planning Department, building urban construction planning, detailed planning of urban construction the rate of 1/2,000, planning the construction of rural residential point of detailed planning and urban construction the rate of 1/500 non-investment projects in construction in the form of business.
2. Bank loans, capital contribution of individual organizations within the country and abroad, mobilized from the investment projects and other capital sources to establish the types of construction planning.
3. The capital master plan for the building to be used for the following tasks: a) topographic, geological survey serves the construction planning;
b), appraisal, approval, management planning;
c) Organization announced the construction plan;
d) demarcation boundary construction planning in addition to the field;
DD) other work in service for construction planning.
4. the State encourages the organizations, individuals and foreign capital to build planning.
43 things. State budget management for construction planning 1. Responsible for planning the annual State budget: a) the Ministry of construction planning the annual budget for the construction plan by the Ministry of construction held up and the construction plan at the request of the Prime Minister;
b) levels people's Committee planning the annual budget for the construction plan in its administrative boundary management, except the building plan stipulated in art. 1 of this article;
c) Ministry of planning and investment, the Ministry of finance is responsible for balancing the State budget annually for construction planning by the Ministry of construction and the people's Committee levels.
2. conditions to record the capital plan: a) the task of planning the Building Authority for approval;
b) planning plan portfolios built browser every year;
c) estimating the cost planning for construction work.
3. Ministry of construction stipulated norms, unit price construction planning.
Article 44. Advance, payment, settlement of capital construction planning for the work in which the State budget 1. For topographic survey, geological service of construction planning, the advance payment shall be made as follows: a) 1 advance capital Levels by 30% of the value of the contract and are made as soon as the contract is in effect;
b) capital Levels advance phase 2 by 20% of the value of the contract, after trials;
c phase 3 advance capital) level by 20% of the contract value, after delivery of the products to construction planning;
d) contract payment after the survey records are checked, hand over.
2. With regard to the work of establishing construction plan, the advance payment shall be made as follows: a) 1 advance capital Levels by 40% of the value of the contract and are made as soon as the contract is in effect;
b) phase 2 advance capital Levels by 40% of the value of the contract, after the results of the evaluation of the competent authority;
c) contract payment after the official handover of building planning profile.
3. Other work in construction planning, the advance payment shall be made as follows: a) for planned work to build:-phase 1 advance capital Levels by 50% of the value of the estimated cost of construction was planned;
-payment of 50% of the value remaining after the completion of the planned construction.
b) with respect to the work of demarcation about construction planning in addition to field work and advance payment shall be made as follows:-phase 1 advance capital Levels by 50% of the value of the contract and are made as soon as the contract is in effect;
-Phase 2 advance capital Levels by 30% of the value of the contract after the construction planning landmarks in addition to the field;

-The payment of the contract after the demarcation work about construction planning in addition to fieldwork was completed and handed over.
4. The advance payment, funds for other work such as managing the construction planning, appraisal, approval of the construction plan are advance payments correspond to the volume of the work.
5. The settlement of capital construction planning of every year under the guidance of the Ministry of finance.
6. the most advance Capital does not exceed an annual plan the layout for that job and be recovered after payment completed.
CHAPTER III CONDITIONS for the CAPACITY of the ORGANIZATION, INDIVIDUALS PLANNING to BUILD 45 Articles. General provisions on condition that the capacity of the Organization, individuals planning to build 1. The Organization, the individual action planning design construction must have qualified suitable capacity under the provisions of this Decree.
2. Individual planning design construction must have the qualifications, certificates match the work assumed by the legal institutions.
3. Individuals assumed the title Chairman of the construction plan, chaired the specialized design construction plan and independent practice personal planning design construction must have a certificate of practice under the rules.
4. Operational capacity planning design build of the Organization are defined according to the rank on the basis of the practice of building capacity of individuals in the Organization, experience, capability building activities, equipment and financial management capability of the organization.
5. A Consultative Organization are allowed to make one, some or all of the work on the planning design build if eligible under the provisions of this Decree. Individuals assumed the position as defined in paragraph 3 of this article must have a long-term labor contract according to the provisions of the law.
6. When choosing a contractor to perform the work in construction planning activities, the investor must base on the rules on the conditions of competence in this Decree and to be responsible before the law for the damage caused by the selection of the contractor do not qualify the capacity consistent with the work.
Article 46. Conditions of certificate of practice of architects Who are practising certificate the architect must have a university degree in architecture, construction planning; have experience in design work a minimum of 10 years and has participated in the design of architecture for at least 5 or 10 works construction plan is approved.
Article 47. Conditions of certificate of practice of Engineers Who are professional level engineers must have university degrees in accordance with the field of practice registered; have experience in the field of registration at least 10 years and have participated in the survey design or at least 5 works.
Article 48. Conditions of the capacity of the Chairman of the design plan to build 1. The Chairman of the urban planning design build the I class: a) Has professional architects, engineers fit the work assumed;
b) did the heads a building plan Department provincial or general building plan from type 1 or 2 General construction plan of the town of type 2 or 3 projects of the general planning of urban construction type 3 or 3 the County of the city of centrally or is the Chairman of the II class, and was Chairman of the designed 5 map the construction plan.
2. The Chairman of the construction planning design II: a) Has professional architects, engineers fit the work assumed;
b) did the heads a building plan the district over a public plan or high-tech zone, special economic zone or general building plan of the town from type 2 or type 3 municipalities 2 or 3 or 4 class 4 or 5 types of municipality has been chairing the specialized design of plan 9 map the construction plan of the district.
3. scope of activities: a) the Chairman of the construction plan of the I class was made Chairman of the design for all of the kind of plan the planning construction;
b) Chairman of the construction plan, class II made Chairman for the construction plan in the region, the General plan urban construction type 2 back down, the plan to build high-tech zones, special economic zones, the detailed plan of building and urban construction planning of rural settlement.
Article 49. Capacity condition chaired the specialized design construction plan 1. Hosted specialized construction plan. a) Have professional architects, engineers fit the work assumed;
b) was chairing professional design a plan to build the province or a public plan built from type 1 or 2 General construction plan of the town of type 2 or 3 projects of the general planning of urban construction type 3 or 3 the County of the city of centrally or is chairing the specialized design projects of class construction II and was chaired specialization 5 construction plan.
2. Presiding over specialized construction plan, class II.
a) Have professional architects, engineers fit the work assumed;
b) was chairing professional design a building plan the district over a public plan or high-tech zone, special economic zone or general building plan of the town from type 2 or type 3 municipalities 2 or 3 or 4 class 4 or 5 types of municipalities have joined designed 5 construction plan construction.
3. scope of activities: a) presided over the construction plan of the I class was made presiding design for all of the kind of plan the planning construction;
b) presiding over the construction plan II class was made presiding for the construction plan in the region, the General plan urban construction type 2 back down, the plan to build high-tech zones, special economic zones, the detailed plan of building and urban construction planning of rural settlement.
Article 50. Conditions for independent practice personal planning design build of 1. Independent practice personal planning design construction must have the following conditions: a) the certificate of practice consistent with the field of practice;
b) practising activities registered under the provisions of the law.
2. scope of activities: independent practice personal planning design build designed the master plan of the following building types: a) Are joining the contest to design the building plan;
b) Was the Chairman or presiding design general plan design of urban construction type 5;
c) Was the Chairman or presiding over design details plan to build small scale or by 50 hectares;
d) Was the Chairman or presiding design construction plan on rural settlement.
Article 51. The responsibility of the person who issued the certificate 1. When applying for certification must declare the realistic requirements of the application for certification and responsible before the law about the accuracy of the records.
2. Design the construction plan according to the certificate of practice issued.
3. Be responsible before the law for the quality projects of planning design build by themselves.
4. Prohibiting the erasing, lend professional planning design construction. If the violation will be recovered and published in the mass media.
5. Filing fees when the prescribed certificate of the Ministry of finance.
Article 52. The condition of the Organization's operational capacity planning design build

The Organization's operational capacity planning design construction are classified according to the class 2 as follows: 1. The I Class: at least 30 people are architects, engineers, specialized engineers certificate of practice consistent with the requirements of the construction plan, including who is eligible to make the Chairman , presided the construction planning design. 2. Grade II: at least 20 people are architects, engineers, specialized engineers certificate of practice consistent with the requirements of the construction plan, including who is eligible to make the Chairman, chaired the planning design build, class II.
3. scope of activities: a) the Organization of construction planning design, class I is planning to build all kinds of construction plan;
b) organized the planning design build, class II designed the master plan of building construction plan in the region, the overall planning of urban construction from type 2 back down; plan to build high-tech zone, special economic zone, a detailed plan of building urban construction plan, export processing zones, industrial parks and construction planning of rural settlement;
c) planning design institutions building not yet eligible to rated as specified in this article are only allowed to make overall planning for urban construction type 4, type 5, and parity, the planning of rural settlement construction and plans to build from 200 hectares or less.
4. Prohibition of organizations planning to build proper operation operating range specified at points a, b, c paragraph 3 of this article.
Article 53. Practising certificate authority planning 1. The certificate of practice is regulated by the unified model and value within the country.
2. The certificate of practice issued by the Minister of construction. Minister of Ministry of construction decided to set up the Advisory Council helps the Minister to grant a certificate of practice.
3. The construction of specific guidelines the granting of a certificate of practice; functions, duties, regulations of the Advisory Council.
CHAPTER IV IMPLEMENTATION Article 54. The responsibility of the people's Committee of the level 1. Implement state management functions of planning the building according to the hierarchy of the Government.
2. the entire Event management planning to build local capacity to help the Administration held up construction planning and management.
3. Regularly review the planning of urban construction, planning the construction of the rural settlement in the area by themselves managed to timely adjust construction planning consistent with the actual situation of the locality.
4. Planning specific on timing, funding and implementing construction Planning Department, planning urban construction, rural settlement have yet to be planned.
5. implementing organization, announced the planning and management of building under construction planning.
6. specific planning implementation of the construction plan.
7. test, inspection, to resolve the complaint, report, handle the violated laws on building planning locally.
8. the organized propaganda, popular, legal education to all classes of the people to know and implement the law on construction planning.
9. Make administrative sanction in urban planning construction activities, compulsive scrap left works planning, building the wrong building permit.
Article 55. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the scope of the task, their powers are responsible for implementation of this Decree.
2. Construction Minister chaired, in coordination with the ministries concerned have the responsibility to guide, monitor, examine the implementation of this Decree.
Article 56. Effective enforcement of this Decree takes effect after 15 days from the date The quote and replaces Decree 92/CP dated 17 August 1994 the Government promulgated the Charter management of urban planning.