THE NATIONAL ASSEMBLY
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 44/2009/QH12

Hanoi, November 25, 2009

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE EDUCATION LAW

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Education Law No. 38/2005/QH11.
Article 1. To amend and supplement a number of articles of the Education Law.
1. To amend and supplement Clause 2, Article 6 as follows:
“2. Educational programs must ensure modernity, stability, consistency, practicality, reasonability and inheritability among different educational grades and different training levels: facilitate the streaming, transferability and conversion between training levels, disciplines and educational forms in the national education system; provide a basis to ensure comprehensive education quality; and meet international integration requirements.”
2. To amend and supplement Clause 1, Article 11 as follows:
“1. Preschool education for five-year-old children, primary education and lower secondary education shall be made universal. The State shall decide on educational universalization plans and assure conditions for the universalization of education nationwide.”
3. To amend and supplement Article 13 as follows:
“Article 13. Investment in education
Investment in education is development investment. Investment in education is a particular investment in the domain subject to conditional investment and entitled to investment incentives.
The State prioritizes investment in education, encourages domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals to invest in education and protects their legitimate rights and interests.
The Stale budget must play the key role in the total resources invested in education.”
4. To amend and supplement Clause 3, Article 29 as follows:
“3. The Minister of Education and Training shall, based on appraisals made by the National Council for Appraising General Education Programs and Textbooks, promulgate general education programs; approve and select textbooks for official, stable and uniform use in teaching and learning at general education institutions, including textbooks in Braille and ethnic minority languages and textbooks for students of specialized schools; provide standards of. and processes to develop and modify, general education programs and textbooks; and define the tasks, powers, operation mode, criteria, number and composition of members of the National Council for Appraising General Education Programs and Textbooks.
The Minister of Education and Training shall take responsibility for the quality of general education programs and textbooks.”
5. To amend and supplement Clause 2, Article 35 as follows:
“2. Professional education textbooks must concretize requirements on knowledge and skills defined in the educational program for each subject, discipline, profession and training level of professional education, meeting the requirements on professional education methods.
Principals of schools or directors of vocational training centers shall develop or select and approve professional education textbooks for official use in teaching and learning in professional education institutions, based on appraisals of textbook appraisal councils set up by the principals of schools or directors of vocational training centers, to ensure sufficient teaching and learning materials.
The Minister of Education and Training and the head of the state management agency in charge of vocational training shall provide according to their competence the preparation, selection, appraisal, approval and use of professional education textbooks and prescribe common textbooks and organize the preparation and approval of textbooks for common use by professional education institutions.”
6. To amend and supplement Clause 4, Article 38 as follows:
“4. Doctoral training, which is provided for four academic years for holders of university degrees, and from two to three academic years, for holders of master degrees. In special cases, the duration of doctoral training may be extended or shortened as stipulated by the Minister of Education and Training.
Postgraduates who are unable to attend continuous training and permitted by educational institutions to do so shall still ensure the duration of training under this Clause to complete a doctoral training program, with at least one year of continuous training.”
7. To add the following Clause 5 to Article 38:
“5. The Minister of Education and Training shall coordinate with ministers and heads of ministerial-level agencies in specifying intensive training in practicing and application skills for university graduates of some special fields of training.”
8. To amend Clause 2, Article 41 as follows:
“2.Tcxtbooks of university education must concretize requirements on knowledge and skills defined in the educational program for each subject, discipline and training level of university education, meeting the requirements on university education methods.
Rectors of colleges or universities shall organize the preparation of or select and approve tertiary education textbooks for official use in teaching and learning in their colleges or universities, based on the appraisals of textbook appraisal councils set up by the rectors of colleges or universities, to ensure sufficient teaching and learning materials.
The Minister of Education and Training shall provide the preparation, selection, appraisal, approval and use of tertiary education textbooks and provide common textbooks and organize the preparation and approval of textbooks for common use by colleges and universities.”
9. To amend and supplement Point b, Clause 1, Article 42 as follows:
“b/ Colleges, universities and academies (below referred to as universities), which provide collegial and university training and master and doctoral training when permitted by the Minister of Education and Training.
Scientific research institutes, which provide doctoral training and cooperate with universities in providing master training when permitted by the Minister of Education and Training.”
10. To amend and supplement Clause 2, Article 42 as follows:
“2. Universities and scientific research institutes may provide doctoral training when meeting the following conditions:
a/ Having sufficient professors, associate professors and doctors capable of formulating and implementing training programs and organizing thesis evaluation councils:
b/ Having physical foundations and equipment to meet doctoral training requirements:
c/ Having experience in scientific research: having conducted researches related to scientific subjects under state-level scientific programs or quality scientific researches which have been announced domestically and overseas: having experience in training and retraining scientific researchers.”
11. To amend and supplement Clause 6, Article 43 as follows:
“6. The Minister of Education and Training shall coordinate with ministers and heads of ministerial-level agencies in prescribing diplomas to recognize practicing and application skills of university graduates in some special fields of training having received intensive training therein.”
12. To add Point c to Clause 1, Article 46 as follows:
“c/ Foreign language and computer skill-training centers established by organizations and individuals.”
13. To amend and supplement Clause 3, Article 46 as follows:
“3. Continuing education centers shall implement continuing education programs specified in Clause 1. Article 45 of this Law and may not implement educational programs to grant diplomas of professional education and tertiary education. Community-based learning centers shall implement educational programs specified at Points a and b. Clause 1. Article 45 of this Law. Foreign language and computer skill-training centers shall implement educational programs on foreign languages and computer skill-training specified at Point c. Clause I. Article 45 of this Law.”
14. To amend and supplement Clause 2, Article 48 as follows:
“2. Schools of all types in the national education system are established under the State’s master plans and plans to develop education. The State shall create conditions for public schools to play the leading role in the national education system.
The conditions, procedures and competence to establish or permit the establishment of schools and permit or terminate educational activities; merger, division, separation and dissolution of schools arc provided in Articles 50. 5()a. 50b and 51 of this Law.”
15. To amend and supplement Article 49 as follows:
“Article 49. Schools of state agencies, political organizations, socio-political organizations and people’s armed forces
1. Schools of state agencies, political organizations and socio-political organizations shall train and retrain cadres and civil servants. Schools of people’s armed forces shall train and retrain officers, non-commissioned officers, professional army personnel and defense workers; and retrain leaders and state administrators in defense and security tasks and knowledge.
2. Schools of state agencies, political organizations, socio-political organizations and people’s armed forces are educational institutions of the national education system under Articles 36 and 42 of this Law if they meet socio-economic development requirements, arc organized and operate under the Education Law and charters of schools at each educational grade and training level, are licensed for educational activities by competent state agencies, and implement educational programs to award diplomas and certificates of the national education system.
3. The Government shall provide in detail schools of state agencies, political organizations, socio-political organizations and people’s armed forces.”
16. To amend and supplement Article 50 as follows:
“Article 50. Conditions on establishment of schools and licensing of educational activities
1. A school is established when the following conditions are fully met:
a/ Having a school establishment plan in conformity with the master plans on socio­economic development and the network of educational institutions already approved by competent state agencies:
b/ The school establishment plan clearly identifies educational objectives, tasks, programs and contents: land, physical foundations, equipment, location planned for school building, organizational apparatus, resources and finance: and orientations and strategies for school building and development.
2. A school may operate when it fully meets the following conditions:
a/ Having a decision to establish the school or permit its school establishment:
b/ Having land, buildings, physical foundations and equipment meeting requirement on educational activities:
c/ Its building location ensuring an educational environment and safety for its learners, trainers and employees;
d/ 1 laving educational programs and teaching and learning materials relevant to each educational grade and training level under regulations;
e/ Having qualified teachers and administrators sufficient in number and structure, ensuring the implementation of educational programs and organization of educational activities:
f/ Having sufficient financial resources under regulations to maintain and develop educational activities;
g/ Having a charter on organization and operation of the school.
3. Within the prescribed time limit, a school fully meeting the conditions under Clause 2 of this Article shall be licensed for educational activities by a competent authority. Past the prescribed time limit, a school failing to fully meet the prescribed conditions shall have the decision to establish the school or permit its establishment withdrawn.
4. The Prime Minister shall specify the conditions to establish and license educational activities of universities; the Minister of Education and Training and the head of the vocational training state management agency shall specify according to their competence specific conditions to establish schools and license educational activities of schools at other educational grades and training levels. ”
17. To add Article 50a and Article 50b as follows:
“Article 50a. Suspension of educational activities
1. A school shall he suspended from educational activities when:
a/ It commits frauds in order to be licensed for educational activities:
b/ It fails to meet one of the conditions under Clause 2. Article 50 of this Law;
c/ It is licensed for educational activities ultra vire;
d/ It fails to carry out educational activities within the prescribed lime limit after being licensed:
e/ It violates the education law and is administratively sanctioned at the level of operation suspension;
f/ In other cases under law,
2. A decision to suspend educational activities of a school must clearly stale the reason for and duration of suspension and measures to guarantee the interests of its teachers, learners and employees. This decision shall be announced in the mass media.
3. After the suspension duration, if the causes of such suspension are remedied, the person competent to decide on the suspension shall issue a decision to permit the school to resume its educational activities.
Article 50b. School dissolution
1. A school is dissolved when:
a/ It seriously violates regulations on the management, organization and operation of the school:
b/ It tails to remedy causes of its operation suspension after the suspension duration:
c/ The operation objectives and contents stated the decision to establish the school or permit its establishment no longer meet socio­economic development requirements:
d/ Such dissolution is requested by the organization or individual establishing the school.
2. A decision to dissolve a school must clearly state the reason for dissolution and measures to guarantee the interests of its teachers, learners and employees. This decision shall be announced in the mass media.'”
18. To amend and supplement Article 51 as follows:
“Article 51. Competence and procedures to establish schools or permit the establishment, permit and suspend educational activities: and merger, division, separation and dissolution of schools
1. The competence to establish public schools and permit the establishment of people-founded and private schools is provided for as follows:
a/ Chairpersons of district-level People’s Committees shall make decisions for crèches, kindergartens, primary schools, lower secondary schools, and semi-boarding general education schools for ethnic children:
b/ Chairpersons of provincial-level People’s Committees shall make decisions for upper secondary schools, boarding general education schools for ethnic children and vocational intermediate schools of provinces:
c/ Ministers and heads of ministerial-level agencies shall make decisions for their attached vocational intermediate schools:
d/ The Minister of Education and Training shall make decisions for colleges and pre-university schools: the head of the vocational training slate management agency shall make decisions for vocational colleges:
e/ The Prime Minister shall make decisions for universities.
2. The Minister of Education and Training shall license educational activities for tertiary education institutions.
The Minister of Education and Training, the head of the vocational training state management agency shall provide the competence to license educational activities for schools at other educational grades and training levels.
3. Those having the competence to establish schools or permit the establishment of schools have the competence to withdraw decisions to establish, or permit the establishment of. merge, divide, separate or dissolve, these schools.
4. The Prime Minister shall provide in detail procedures to establish, or permit the establishment, permit or suspend educational activities, permit the merger, division, separation and dissolution of, universities. The Minister of Education and Training, the head of the vocational training state management agency shall, based on their competence, specify procedures to establish, or permit the establishment, permit or suspend educational activities, and permit the merger, division, separation and dissolution of, schools of other educational grades and training levels.”
19. To amend and supplement Clause 1, Article 58 as follows:
“1. To publicize educational objectives and programs, resources and finance, education quality evaluation results and the system of diplomas and certificates of the school.
To organize teaching, learning and other educational activities according to educational objectives and programs: to certify or award diplomas and certificates according to its competence.”‘
20. To amend and supplement Point b, Clause 1, Article 69 as follows:
“b/ Centers for general technical education and vocational orientation: vocational training centers: continuing education centers; community-based learning centers: foreign language and computer skill-training centers.”
21. To amend and supplement Point c, Clause 1, Article 69 as follows:
“c/ Scientific research institutes, which are licensed to provide doctoral training and cooperate with universities to provide master training.”
22. To amend and supplement Clause 2, Article 69 as follows:
“2. Scientific research institutes, when assigned by the Minister of Education and Training to coordinate with universities in providing master training, shall sign contracts with universities to organize such training.”
23. To amend and supplement Clause 3, Article 70 as follows:
“3. Teachers with basic or intermediate vocational training degree and professional secondary degree working at institutions of preschool education, general education and professional education are called teachers. Those teaching at university education institutions and vocational colleges are called lecturers.”
24. To amend and supplement Article 74 as follows:
“Article 74. Visiting lecturing
1. Visiting lecturing is the lecturing at an educational institution by a person fully meeting the criteria under Clause 2. Article 70 of this Law at the invitation of that educational institution. The person invited to give lectures at an educational institution is called visiting teacher or lecturer.
2. A visiting teacher or lecturer shall perform the duties defined in Article 72 of this Law. A visiting teacher or lecturer being a cadre or civil servant shall assure the fulfillment of his/her tasks at the agency where he/she works.
3. Invitation of Vietnamese teachers and scientists, overseas Vietnamese scientists and foreigners to teach at educational institutions as visiting teachers or lecturers is encouraged.”
25. To amend and supplement Article 78 as follows:
“Article 78. Educational institutions providing training and refresher training for teachers and educational administrators
1. Educational institutions providing training and refresher training for teachers include pedagogical institutions, educational institutions with a pedagogical faculty and educational institutions licensed to provide training and refresher training for teachers.
Pedagogical institutions are established by the State to provide training and refresh (raining for teachers and educational administrators. Pedagogical institutions are given priority in recruitment of teachers, allocation of administrators, investment in building physical foundations and dormitories, and assurance of training funds. Pedagogical institutions have schools or establishments for practice.
3. Educational institutions providing training and refresher training for educational administrators include tertiary education institutions with an education administration faculty and educational institutions licensed to provide training and refresher training for educational administrators.
4. The Minister of Education and Training shall license educational institutions to provide training and refresher training for teachers and educational administrators.”
26. To amend and supplement Article 81 as follows:
“Article 81. Salaries
Teachers will enjoy salaries, professional allowances, seniority allowances and other allowances under the Government’s regulations.”
27. To amend and supplement Clause 4, Article 100 as follows:
“4. People’s Committees at all levels shall, within the scope of their tasks and powers, perform the state management of education as decentralized by the Government, including planning of the educational institution network; examine local educational institutions in observing the education law; assure conditions on teachers, finance, physical foundations and teaching equipment of public schools under their management; and develop types of schools and socialize educational activities, meeting the requirements of expanding the scale and raising the quality and efficiency of education in their localities.”
28. To amend and supplement Clause 2, Article 101 as follows:
” 2. School fees, enrolment fees: revenues from counseling, technology transfer, production, business and service activities of educational institutions; investments of domestic and foreign organizations and individuals for educational development: and other funds from domestic and foreign organizations and individuals under law.
The State encourages organizations and individuals to give donations and supports for educational development. Abuse of donation and support for education to force contributions in cash or in kind is prohibited.”
29. To add the following Clause 4 to Article 108:
“4. The Prime Minister shall provide in detail overseas teaching, study, scientific research and academic exchange by Vietnamese citizens: and educational cooperation with foreign organizations and individuals and overseas Vietnamese.”
30. To amend and supplement Article 109 as follows:
“Article 109. Encouragement of educational cooperation with Vietnam
1. The Vietnamese State shall encourage and create conditions for foreign organizations and individuals, international organizations and overseas Vietnamese to teach, study, invest in. fund, cooperate on. apply sciences and transfer technology to. education in Vietnam: and protect their legitimate rights and interests in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Educational cooperation with Vietnam must ensure education of learners in personality, qualification and civic capacity; respect the identity of national culture; fulfill educational objectives and meet requirements on educational contents and methods suitable to each educational grade and training level in the national education system; and carry out educational activities in accordance with Vietnamese law.
3. Foreign cooperation on and investment in education in Vietnam include:
a/ Establishment of educational institutions;
b/ Training partnership:
c/ Establishment of representative offices;
d/ Other forms of cooperation.
4. The Government shall provide in detail foreign cooperation on and investment in education.”
31. To add the following Section 3a to Chapter VII:
“Section 3a
EDUCATION QUALITY ASSESSMENT
Article 110a. State management of education quality assessment
1. To promulgate regulations on criteria for evaluating education quality: processes and periods of education quality assessment at each educational grade and training level; and operation principles of and conditions and criteria for organizations and individuals conducting education quality assessment; to license education quality assessment: and to grant and withdraw certificates of education quality assessment.
2. To manage the assessment of educational programs and educational institutions.
3. To guide organizations, individuals and educational institutions in appraising and assessing education quality.
4. To examine and evaluate the observance of regulations on education quality assessment.
Article 110b. Principles of education quality assessment
Education quality assessment must adhere to the following principles:
1. Independence, objectiveness and lawfulness.
2. Honesty, publicity and transparency.
Article 110c. Education quality assessment organizations
1. Education quality assessment organizations include:
a/ Education quality assessment organizations established by the State:
b/ Education quality assessment organizations established by organizations or individuals.
2. The Minister of Education and Training shall decide on or permit the establishment of education quality assessment organizations; and provide conditions to establish and dissolve, and tasks and powers of. education quality assessment organizations.”
Article 2.
1. This Law takes effect on July 1. 2010.
This Law was passed on November 25, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.
 

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THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 78/2009/ND-CP

Hanoi, September 22, 2009

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE NATIONALITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Vietnamese Nationality;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree details Articles 13, 19, 20, 22, 23, 24, 27, 28, 32 and 34 and guides some other articles of the Law on Vietnamese Nationality.
Article 2. Consular legalization, certification and translation of papers in nationality dossiers into Vietnamese
1. Papers in dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality and those required for the settlement of other nationality-related matters which are issued by competent foreign agencies must be consularly legalized, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Foreign-language papers in dossiers specified in Clause 1 of this Article must be translated into Vietnamese and certified according to Vietnam’s law.
Article 3. Notification of results of settlement of nationality-related matters
The Ministry of Justice shall make notification to applicants for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality under Article 41 of the Law on Vietnamese Nationality and concurrently to People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees), if the applicants submit dossiers in the country.
Applicants for restoration or renunciation of Vietnamese nationality who submit dossiers at overseas Vietnamese representative missions will be notified of settlement results via the Ministry of Foreign Affairs.
Article 4. Fees for settlement of nationality-related matters
1. Applicants for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality and registrants for retention of Vietnamese nationality shall pay fees, except for cases specified in Clause 2 of this Article.
The rates and the collection, payment, management and use of fees shall be prescribed by the Minister of Finance.
2. The following persons are exempted from fees for naturalization in Vietnam or restoration of Vietnamese nationality:
a/ Those who have made special meritorious contributions to Vietnam’s national construction and defense and now apply for naturalization in Vietnam or restoration of Vietnamese nationality;
b/ Those who are categorized as poor under law;
c/ Stateless persons who apply for naturalization in Vietnam under Article 22 of the Law on Vietnamese Nationality.
3. Agencies receiving dossiers of application for naturalization in Vietnam or restoration of Vietnamese nationality shall base themselves on the Finance Ministry’s regulations to decide on fee exemption on a case-by-case basis.
Chapter II

DETAILED PROVISIONS AND GUIDANCE ON A NUMBER OF ARTICLES ON NATURALIZATION IN VIETNAM, RESTORATION AND RENUNCIATION OF VIETNAMESE NATIONALITY AND REGISTRATION FOR RETENTION OF VIETNAMESE NATIONALITY

Section I. NATURALIZATION IN VIETNAM
Article 5. Some conditions on naturalization in Vietnam
Points c, d and e, Clause 1, Article 19 of the Law on Vietnamese Nationality are specified as follows:
1. The applicant’s ability to know Vietnamese sufficiently to integrate into the Vietnamese community will be evaluated based on his/her skills of communication in Vietnamese with Vietnamese citizens, taking account of their living and working environment.
2. Applicants for naturalization in Vietnam under Clauses 1 and 2. Article 19 of the Law on Vietnamese Nationality must be those who permanently reside in Vietnam and possess permanent residence cards granted by competent Vietnamese agencies.
An applicant’s period of temporary residence in Vietnam will be counted from the day he/she is granted a permanent residence card.
3. The applicant’s ability to make a living in Vietnam must be proved by his/her assets and lawful income sources or guaranteed by an organization or individual in Vietnam.
Article 6. Cases eligible for exemption from some conditions on naturalization in Vietnam
Points b and c, Clause 2, Article 19 of the Law on Vietnamese Nationality are specified as follows:
1. Persons having made special meritorious contributions to Vietnam’s national construction and defense are those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies.
2. Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam must be those who have talents in scientific, technological, cultural, social, art and sport domains and are certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains.
Article 7. Some papers in dossiers of application for naturalization in Vietnam
1. Papers defined at Points b. e. f and g. Clause 1, Article 20 of the Law on Vietnamese Nationality are specified as follows:
a/ Other papers which may substitute for the applicants’ birth certificates or passports are papers valid for evidencing their foreign nationality:
b/ Paper evidencing the applicants’ Vietnamese language skills is either of the following papers: copy of a Vietnamese postgraduate, university, college, professional secondary, upper secondary or lower secondary diplomas; copy of a diploma or certificate of Vietnamese language skills granted by a Vietnamese language training establishment.
In case the applicants declare that they know Vietnamese sufficiently to integrate into the Vietnamese community according to Clause 1, Article 5 of this Decree but have none of the above-said papers, provincial-level Justice Departments shall directly interview them to test their Vietnamese language skills under the guidance of the Ministry of Justice. Interview results must be recorded in writing. Interviewers shall base themselves on criteria specified in Clause 1. Article 5 of this Decree to make proposals and take responsibility for their proposals;
c/ Copies of birth certificates of minor children who are naturalized in Vietnam together with their parents or other papers proving their father/mother-child relations. If only one parent is naturalized in Vietnam and the minor child who is living with that parent is also naturalized in Vietnam, written consent of both parents on the naturalization in Vietnam of their child is also required;
d/ A copy of the permanent residence card;
e/ Paper proving the applicants’ ability to make a living in Vietnam is any of the following papers: paper evidencing property ownership rights; written certification of the wage or income level, issued by the employing agency or organization of the applicant; written certification of taxable incomes, issued by a tax office; paper evidencing the guarantee by an organization or individual in Vietnam; or written certification of the applicant’s ability to make his/her living in Vietnam, made by the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) where the applicant resides.
2. Persons exempted from some conditions on naturalization in Vietnam prescribed in Clause 2, Article 19 of the Law on Vietnamese Nationality shall submit papers proving their eligibility for exemption, specifically:
a/ Persons whose spouses are Vietnamese citizens shall submit copies of marriage certificates to evidence their marriage relations:
b/ Persons who are natural parents or natural offsprings of Vietnamese citizens shall submit copies of birth certificates or other valid papers to evidence their father/mother-child relations;
c/ Persons who have made special meritorious contributions to Vietnam’s national construction and defense shall submit copies of their orders, medals, certificates of other honorable titles or written certification issued by competent Vietnamese agencies or organizations:
d/ Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam shall submit written certifications made by their employing agencies or organizations and written certification of their contribution to the development of any of the domains mentioned in Clause 2, Article 6 of this Decree, made by a ministerial-level state management agency or a provincial-level People’s Committee.
3. A dossier of application for naturalization in Vietnam shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 8. Naturalization in Vietnam under Article 22 of the Law on Vietnamese Nationality
1. Stateless persons who do not have adequate personal identification papers but have been stably residing in the Vietnamese territory since July 1, 1989, or before (below referred to as stateless persons) and wish to be naturalized in Vietnam shall compile dossiers of application for naturalization in Vietnam. Such a dossier comprises an application for naturalization in Vietnam and a curriculum vitae made according to a form prescribed by the Ministry of Justice.
2. The order of and procedures for processing dossiers of application for naturalization in Vietnam of stateless persons specified in Clause 1 of this Article are as follows:
a/ The provincial-level People’s Committee shall direct the provincial-level Justice Department to coordinate with the provincial-level Police Department, the Foreign Affairs Department and People’s Committees of districts, towns or provincial-level cities (below referred to as district-level People’s Committees) in guiding commune-level People’s Committees in reviewing and making lists of applicants for naturalization in Vietnam, assisting them in compiling application dossiers and verifying their personal identity.
District-level People’s Committees shall examine the lists of applicants for naturalization in Vietnam and their application dossiers and propose the provincial-level Justice Service to settle matters of naturalization in Vietnam.
The provincial-level Justice Service shall coordinate with the provincial-level Police Department and Foreign Affairs Department in appraising and reporting cases of application to the provincial-level People’s Committee chairman.
b/ The provincial-level People’s Committee chairman shall consider and draw conclusions and make proposals on the naturalization in Vietnam of listed persons and send their proposals to the Ministry of Justice;
c/ Based on the list of accepted applicants and their dossiers sent by the provincial-level People Committee, the Minister of Justice shall, under the authorization of the Prime Minister, sign and submit a report, enclosed with the list of accepted applicants and their dossiers, to the President for consideration and decision. In case of necessity, the Ministry of Justice may consult the Ministry of Public Security and the Ministry of Foreign Affairs before submitting the cases to the President.
3. The deadline for submission of dossiers of application for naturalization in Vietnam under this Article is December 31, 2012. Past this deadline, if persons defined in Clause 1 of this Article who have not yet submitted dossiers wish to be naturalized in Vietnam, their cases shall be settled under Articles 19, 20 and 21 of the Law on Vietnamese Nationality.
4. The Ministry of Justice shall coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in guiding provincial-level People’s Committees in working out plans on reviewing and making lists of applicants for naturalization in Vietnam and supporting the processing of dossiers of application for naturalization in Vietnam for persons defined in Clause 1 of this Article.
Section 2. RESTORATION OF VIETNAMESE NATIONALITY
Article 9. Some conditions on restoration of Vietnamese nationality
The conditions prescribed at Points c, d and e. Clause 1, Article 23 of the Law on Vietnamese Nationality are specified as follows:
1. Persons who have made special meritorious contributions to Vietnam’s national construction and defense and persons whose restoration of Vietnamese nationality is helpful to the State of the Socialist Republic of Vietnam are as defined in Clauses 1 and 2, Article 6 of this Decree.
2. Persons who make investment in Vietnam must have investment projects with investment certificates granted by competent Vietnamese agencies.
Article 10. Some papers in dossiers of application for restoration of Vietnamese nationality
1. Papers specified at Points e and f. Clause 1, Article 24 of the Law on Vietnamese Nationality include:
a/ Paper evidencing that the applicant is a former Vietnamese national is either of the following papers: copy of the birth certificate: copy of the decision permitting renunciation of Vietnamese nationality or the certificate of loss of Vietnamese nationality; or another paper stating his/her previous Vietnamese nationality or valid for evidencing his/her previous Vietnamese nationality;
b/ Paper evidencing the eligibility for restoration of Vietnamese nationality is any of papers prescribed at Points a, b, c and d. Clause 2, Article 7 of this Decree or paper evidencing that the applicant is carrying out procedures for repatriation or a copy of the certificate of investment in Vietnam.
2. For minor children who restore their Vietnamese nationality together with their parents, copies of their birth certificates or other papers evidencing their father/mother-child relations are required. If only one parent restores Vietnamese nationality and the minor child who is living with that parent also restores Vietnamese nationality, written consent of both parents on their child’s restoration of Vietnamese nationality is required.
3. A dossier of application for restoration of Vietnamese nationality shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 11. Verification of dossiers of application for restoration of Vietnamese nationality
1. When it is necessary to further verify the personal identity of applicants for restoration of Vietnamese nationality as prescribed in Clause 3, Article 25 of the Law on Vietnamese Nationality, the Ministry of Justice shall send to the Ministry of Public .Security a written request clearly stating to-be-verified contents.
2. Within 30 days after the receipt of the written request from the Ministry of Justice, the Ministry of Public Security shall conduct verification and issue a written reply to the Ministry of Justice.
Section 3. RENUNCIATION OF VIETNAMESE NATIONALITY
Article 12. Cases not yet permitted for renunciation of Vietnamese nationality
For those who owe tax to the State or have a property obligation toward an agency, organization or individual in Vietnam as prescribed at Point a. Clause 2. Article 27 of the Law on Vietnamese Nationality, if the creditor makes a written request for suspension of the renunciation of Vietnamese nationality, the dossier-receiving agency shall not settle the renunciation of Vietnamese nationality.
Article 13. Some papers in dossiers of application for renunciation of Vietnamese nationality
Papers prescribed at Points e and g, Clause 1, Article 28 of the Law on Vietnamese Nationality are specified as follows:
1. Paper evidencing that the applicant is carrying out procedures for acquisition of foreign nationality is the paper granted by a competent foreign agency to certify or guarantee that this person is permitted for naturalization in a foreign country, unless the law of that country does not provide for the issuance of these papers. In case the applicant for renunciation of Vietnamese nationality has already acquired foreign nationality, he/she shall submit a copy of his/her passport or other personal identification papers granted by a competent foreign agency to evidence that he/she has foreign nationality.
2. The written certification prescribed at Point g, Clause 1, Article 28 of the Law on Vietnamese Nationality shall be made by the head of the agency, organization or unit which has issued the decision on the applicant’s retirement, dismissal, removal from office or relief from post or demobilization under regulations of the sector to certify that the applicant’s renunciation of Vietnamese nationality does not affect the protection of national secrets or is not contrary to these regulations.
3. A dossier of application for renunciation of Vietnamese nationality shall be made in three sets to be kept at the Office of the President, the Ministry of Justice and the dossier-receiving agency.
Article 14. Responsibilities of agencies, organizations and individuals for notification of cases not yet permitted or ineligible for renunciation of Vietnamese nationality
Within 60 days after the date the provincial-level Justice Department publishes information on applicants for renunciation of Vietnamese nationality under Clause 2. Article 29 of the Law on Vietnamese Nationality, if police offices, civil judgment enforcement agencies and other agencies, organizations or individuals detect that applicants for renunciation of Vietnamese nationality fall into cases not yet permitted or ineligible for renunciation of Vietnamese nationality prescribed in Clauses 2, 3 and 4. Article 27 of the Law on Vietnamese Nationality, they shall immediately notify such to the provincial-level Justice Department which has published information on these applicants.
Article 15. Verification of personal identity of applicants for renunciation of Vietnamese nationality
1. In case the applicants for renunciation of Vietnamese nationality are not eligible for exemption from verification of personal identity under Article 30 of the Law on Vietnamese Nationality, the Ministry of Justice shall make and send a written request to the Ministry of Public Security for personal identity verification.
2. Within 30 days after the receipt of the Justice Ministry’s request, the Ministry of Public Security shall conduct verification and issue a written reply to the Ministry of Justice.
Section 4. DEPRIVATION OF VIETNAMESE NATIONALITY, ANNULMENT OF DECISIONS ON THE GRANT OF VIETNAMESE NATIONALITY
Article 16. Dossiers of proposal for deprivation of Vietnamese nationality
1. In case a provincial-level People’s Committee or an overseas Vietnamese representative mission proposes the deprivation of Vietnamese nationality of persons who commit acts defined in Clause 1. Article 31 of the Law on Vietnamese Nationality, a dossier comprises:
a/ The written proposal for deprivation of Vietnamese nationality, made by the provincial-level People’s Committee or overseas Vietnamese representative mission;
b/ Verification documents and conclusions of competent agencies about the act committed by the person proposed for deprivation of Vietnamese nationality;
c/ Written denunciation against the person proposed for deprivation of Vietnamese nationality (if any).
2. In case courts which have adjudicated persons for acts defined in Clause 1. Article 31 of the Law on Vietnamese Nationality propose the deprivation of Vietnamese nationality of these persons, a dossier comprises:
a/ The court’s written proposal for deprivation of Vietnamese nationality;
b/ The legally effective judgment and relevant documents.
Article 17. Dossiers of proposal for annulment of decisions on the grant of Vietnamese nationality
1. In case a provincial-level People’s Committee proposes the annulment of a decision of the grant of Vietnamese nationality to persons who commits acts defined in Clause 1, Article 33 of the Law on Vietnamese Nationality, a dossier comprises:
a/ The written proposal for annulment of the decision on the grant of Vietnamese nationality, made by the provincial-level People’s Committee;
b/ Verification documents and conclusion of competent agencies about the act committed by the person proposed for annulment of the decision on the grant of Vietnamese nationality:
c/ Written denunciation against the person proposed for annulment for the decision on the grant of Vietnamese nationality (if any).
2. In case courts which have adjudicated accused persons for acts defined in Clause 1. Article 33 of the Law on Vietnamese Nationality propose the annulment of the decision on the grant of Vietnamese nationality, a dossier comprises:
a/ The written proposal of the court for the deprivation of Vietnamese nationality;
b/ The legally effective judgment and relevant documents.
Section 5. REGISTRATION FOR RETENTION OF VIETNAMESE NATIONALITY, NOTIFICATION OF HOLDING OF FOREIGN NATIONALITY
Article 18. Retention of Vietnamese nationality
1. If overseas Vietnamese who have not yet lost Vietnamese nationality under Vietnam’s law prior to July 1, 2009, but do not have valid Vietnamese passports wish to retain Vietnamese nationality, they shall register for retention of Vietnamese nationality.
2. The registration for retention of Vietnamese nationality may be carried out through July 1, 2014. Past this deadline, if persons defined in Clause 1 of this Article still fail to register for retention of Vietnamese nationality, they shall lose Vietnamese nationality; if they wish to acquire Vietnamese nationality, they shall carry out procedures for restoration of Vietnamese nationality according to law.
Article 19. Agencies carrying out the registration for retention of Vietnamese nationality
1. Overseas Vietnamese representative missions competent to carry out the registration for retention of Vietnamese nationality are those based in or in charge of the countries of which the registrants for retention of Vietnamese nationality are citizens or where the registrants for retention for Vietnamese nationality reside.
2. In case Vietnam has not yet established diplomatic relations with, opened representative missions in or assigned representative missions to take charge of countries where the registrants for retention of Vietnamese nationality reside, the registration for retention of nationality shall be carried out at the overseas Vietnamese representative mission in a third country under the authorization of the Ministry of Foreign Affairs.
Article 20. Order of and procedures for registration for retention of Vietnamese nationality
1. The registrant for retention of Vietnamese nationality shall submit a declaration, made according to a set form, and a copy of the paper evidencing his/her Vietnamese nationality to an agency competent to carry out registration for retention for Vietnamese nationality specified in Article 19 of this Decree (below referred to as the registering agency).
2. When receiving the declaration of registration for retention of Vietnamese nationality, the registering agency shall record the registration in the Vietnamese nationality retention register and grant a certificate of registration for retention of Vietnamese nationality to the applicant.
3. In case the registrant for retention of Vietnamese nationality possesses papers to evidence that he/she has Vietnamese nationality, the registering agency shall write in the nationality retention register that the applicant holds Vietnamese nationality.
In case the registrant for retention of Vietnamese nationality does not possess adequate papers to prove his/her Vietnamese nationality or possesses unclear papers, the registering agency shall coordinate with concerned agencies and organizations in conducting verification under the guidance of the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security to determine whether the applicant holds Vietnamese nationality. Verification results must also be recorded in the nationality retention register.
Article 21. Notification of acquisition of foreign nationality.
1. From July 1, 2009, Vietnamese citizens who, for any reasons, acquire foreign nationality but do not lose Vietnamese nationality will still have Vietnamese nationality.
2. Within 2 years after the date of acquiring foreign nationality, persons defined in Clause 1 of this Article or their parents or guardians shall send a written notification of their acquisition of foreign nationality, enclosed with copies of papers evidencing foreign nationality to competent overseas Vietnamese representative missions defined in Article 19 of this Decree, if they reside abroad, or to provincial-level Justice Departments of localities where they reside.
3. Upon receiving written notifications of acquisition of foreign nationality from Vietnamese citizens, overseas Vietnamese representative missions and provincial-level Justice Departments shall record them in the nationality register.
Chapter III

RECORDING OF NATIONALITY-RELATED MATTERS IN CIVIL STATUS REGISTERS

Article 22. Recording of Vietnamese nationality of children whose parents are stateless persons
The recording of Vietnamese nationality of children upon their birth under Article 17 of the Law on Vietnamese Nationality will be carried out through birth registration. When making birth registration, civil status-registering agencies shall write Vietnam nationality of these children in birth registers and birth certificates.
Article 23. Recording of nationality-related matters of persons permitted for naturalization in Vietnam or restoration of Vietnamese nationality in civil status registers
If persons permitted for naturalization in Vietnam or restoration of Vietnamese nationality who return to live in the country have civil status papers issued by competent foreign agencies, they shall carry out procedures for recording in civil status registers at provincial-level Justice Departments of localities where they reside according to the civil status law. If they apply for the issuance of relevant civil status papers, provincial-level Justice Department shall write their Vietnamese nationality in to-be issued papers.
Article 24. Recording of nationality in civil status papers for Vietnamese citizens who concurrently hold foreign nationality
When Vietnamese citizens who concurrently hold foreign nationality make civil status registration with competent Vietnamese agencies, their Vietnamese and foreign nationalities will be written in civil status papers.
Article 25. Taking notes of the renunciation of Vietnamese nationality in civil status registers
1. Provincial-level Justice Departments shall notify civil status management agencies which archive birth registers containing the names of persons who have renounced their Vietnamese nationality for taking notes of the change of their nationality in the birth registers.
2. In case persons who are permitted for renunciation of Vietnamese nationality have made birth registration at overseas Vietnamese representative missions, these missions shall take notes of the change of their nationality in the birth registers.
Chapter IV

RESPONSIBILITIES OF AGENCIES FOR STATE MANAGEMENT OF NATIONALITY

Article 26. Responsibilities of the Ministry of Justice
The Ministry of Justice shall assist the Government in performing the uniform state management of nationality nationwide and have the following responsibilities:
1. To elaborate and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on nationality:
2. To guide and direct provincial-level People’s Committees in organizing the implementation of legal documents on nationality;
3. To coordinate with the Ministry of Foreign Affairs in guiding and directing overseas Vietnamese representative missions to implement legal documents on nationality:
4. To review the situation and make statistics of nationality-related matters already settled for annual reporting to the Prime Minister:
5. To propagate and disseminate the nationality law:
6. To promulgate and manage forms of papers and books on Vietnamese nationality;
7. To inspect, examine and settle according to its competence complaints and denunciations about the settlement of matters related to Vietnamese nationality;
8. To examine dossiers and coordinate with the Ministry of Public Security in verifying dossiers of nationality-related matters according to law;
9. The Minister of Justice shall, under the authorization of the Prime Minister, sign and submit reports on the grant, restoration or renunciation of Vietnamese nationality to the President;
10. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in. negotiating and concluding treaties on nationality.
11. To build and direct the building of a national Vietnamese nationality database;
12. Upon the expiration of the time limits prescribed in Articles 8 and 18 of this Decree, to direct provincial-level People’s Committees reviewing the naturalization in Vietnam by stateless persons: and coordinate with Ministry of Foreign Affairs to direct overseas Vietnamese representative missions in reviewing the registration of retention of Vietnamese nationality for reporting to the Government.
Article 27. Responsibilities of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in performing the state management of nationality matters for Vietnamese citizens in foreign countries and have the following responsibilities:
1. To assume the prime responsibility for, and coordinate with the Ministry of Justice in, guiding and directing overseas Vietnamese representative missions to implement legal documents on nationality.
2. To coordinate with the Ministry of Justice in examining and inspecting nationality-related matters handled by overseas Vietnamese representative missions.
3. To propagate and disseminate the nationality law among Vietnamese citizens abroad.
4. To review the situation and make statistics of nationality-related matters already annually settled by overseas Vietnamese representative missions for reporting to the Ministry of Justice.
5. To coordinate with the Ministry of Justice in negotiating and concluding treaties on nationality.
6. To publish on its website information on entities subject to. the time limit, competent agencies and order and procedures for settlement of registration for retention of Vietnamese nationality by the end of July 1. 2014; to assume the prime responsibility for, and coordinate with the Ministry of Justice and the Ministry of Public Security in. providing specific guidance on settling problems arising in the registration for retention of Vietnamese nationality.
7. Upon the expiration of the time limit prescribed in Article 18 of Decree, to direct overseas Vietnamese representative missions to make final review of the registration for retention of Vietnamese nationality for notification to the Ministry of Justice.
Article 28. Responsibilities of the Ministry of Public Security
1. The Ministry of Public Security shall coordinate with the Ministry of Justice in the process of settling nationality-related matters, examine, verify or guide and direct local police offices in verifying the personal identity of applicants for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality or persons proposed for deprivation of Vietnamese nationality or annulment of decisions on the grant of Vietnamese nationality.
2. To coordinate with the Ministry of Justice in negotiating and concluding treaties on nationality.
Article 29. Responsibilities of provincial-level People’s Committees
Provincial-level People’s Committees shall perform the state management of nationality in their localities and have the following responsibilities:
1. To consider and give their opinions on cases of application for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality, deprivation of Vietnamese nationality or annulment of decisions on the grant of Vietnamese nationality.
2. To propagate and disseminate the law on nationality.
3. To assess the situation and make statistics of nationality-related matters already settled for annual reporting to the Ministry of Justice.
4. To settle complaints and denunciations according to their competence.
5. Upon the expiration of the time limit prescribed in Article 8 of this Decree, to review the settlement of the naturalization in Vietnam for stateless persons for reporting to the Ministry of Justice.
Article 30. Responsibilities of overseas Vietnamese representative missions
Overseas Vietnamese representative missions shall perform the state management of Vietnamese nationality in areas under their management and have the following responsibilities:
1. To consider and give their opinions on cases of application for renunciation or restoration of Vietnamese nationality or deprivation of Vietnamese nationality.
2. To make registration for retention of Vietnamese nationality for overseas Vietnamese and notify the results to the registrants.
3. To propagate and disseminate the law on nationality among overseas Vietnamese citizens.
4. To assess the situation and make statistics of nationality-related matters already settled by overseas Vietnamese representative missions for annual reporting to the Ministry of Foreign Affairs.
5. To settle complaints and denunciations about nationality-related matters according to their competence.
6. To publish on their websites information on the order, procedures and time limit for registration of retention of Vietnamese nationality up to July 1, 2014.
7. Upon the expiration of the time limit prescribed in Article 18 of this Decree, to review the registration for retention of Vietnamese nationality for reporting to the Ministry of Foreign Affairs and the Ministry of Justice.
Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Effect
This Decree takes effect on November 10, 2009, and replaces the Government’s Decree No.104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality, and Decree No. 55/2000/ND-CP of October 11, 2000, amending a number of articles of Decree No. 104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality.
Article 32. Implementation responsibilities
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security shall, within the ambit of their functions and tasks, detail a number of articles of this Decree and guide some others so as to meet the requirements of state management of nationality-related matters.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-
 

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THE NATIONAL ASSEMBLY
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No. 38/2009/QH12

Hanoi, June 19, 2009

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAWS CONCERNING CAPITAL CONSTRUCTION INVESTMENT

(No. 38/2009/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Construction Law No. 16/2003/QH11, Bidding Law No. 61/2005/QH11, Enterprise Law No. 60/2005/QH11. Land Law No. 13/2003/ QH11 and Housing Law No. 56/2005/QH11 Concerning Capital Construction Investment.

Article 1. To amend and supplement a number of articles of the Construction Law.
1. To amend and supplement Article 7 as follows:
“Article 7. Construction activity capability and construction practice capability
1. Organizations and individuals that meet all conditions on construction activity capability and construction practice capability may participate in the following activities:
a/ Consultancy on construction planning designing, formulation and evaluation of investment projects, construction designing, construction valuation, construction supervision, and management of work construction investment projects;
b/ Work construction survey:
c/ Work construction;
d/ Specialized construction testing:
e/ Quality inspection of construction works;
f/ Certification of force-bearing safety of construction works and certification of quality conformity of construction works.
2. To conduct construction activities, individuals must possess construction practice capability which is ranked based on their professional qualifications certified by a professional training institution, and professional experience and ethics, except special cases as prescribed by the Government.
To provide consultancy on construction planning designing, construction designing, construction supervision or work construction survey, individuals must possess relevant practice certificates and take personal responsibility for their jobs.
3. Construction activity organizations must possess construction activity capability which is ranked based on the construction practice capability of their individual members, and their construction activity experience, financial capacity, equipment and managerial capacity.
4. To conduct construction activities within the territory of the Socialist Republic of Vietnam, foreign organizations and individuals must possess full capability as specified in Clauses 2 and 3 of this Article and have activity permits issued by a competent state management agency.
5. The Government shall specify construction activity capability of organizations, construction practice capability of individuals and issuance of construction practice certificates to individuals.'”
2. To amend and supplement Article 40 as follows:
“Article 40. Adjustment of work construction investment projects funded with 30% or more of state capital
1. A work construction investment project funded with 30% or more of stale capital shall be adjusted in any of the following cases:
a/ The project is affected by an earthquake, storm, flood, tsunami, fire, enemy sabotage or mother force majeure event;
b/ There appear elements that bring about higher efficiency to the project;
c/ A change in construction planning directly affects the project’s location, size and objectives;
d/ Other cases as prescribed by the Government.
2. When a project adjustment will result in relocation or a change in the size and objectives of the project and in an increase in its approved total investment, the investor shall report it to the investment decider for decision. The investor may him/her/itself decide to adjust a project if such adjustment does not result in relocation or a change in the size and objectives of a project and in an increase in the approved total investment.
3 Project adjustments must be evaluated before making decision.”
3. To add the following Article 40a to Article 40:
“Article 40a. Supervision and assessment of work construction investment projects
1. A work construction investment project must be supervised and assessed, depending on the kind of its funding source:
a/ For a project funded with 30% or more of state capital, the competent state agency shall supervise and assess the whole investment process based on approved contents and criteria;
b/ For a project funded with capital of other sources, the competent state agency shall supervise and assess the project’s objectives, conformity with relevant plannings, land use, investment progress and environmental protection.
2. The Government shall specify supervision and assessment contents and the organization of supervision and assessment of work construction investment projects.”
4. To amend and supplement Article 43 as follows:
“Article 43. Management of expenses of work construction investment projects
1. The management of expenses of work construction investment projects must ensure the projects’ investment objectives and effectiveness and suit used funding sources and investment stages.
2. The State shall manage expenses of work construction investment projects and guide methods of formulating and managing expenses of work construction investment projects. Construction state management agencies shall publicize econo-technical norms and criteria and relevant information- for reference by investors when determining investment expenses.
3. Work construction investors shall manage expenses of work construction investment projects from the stage of investment preparation to the time works are put into operation and use.
Investors may hire institutional or individual consultants to formulate, verify and control expenses of work construction investment projects, depending on used funding sources and practical conditions of construction works.”
5. To amend and supplement Article 54 as follows:
“Article 54. Steps of work construction designing
1. Work construction designing covers basic designing, technical designing, working drawing designing and other designing steps in line with international practice. A basic design shall be made at the stage of formulating a work construction investment project; subsequent designing steps shall be performed at the stage of implementing a work construction investment project.
2. Depending on the size, nature and complexity of a work, work construction designing may be conducted through different steps. The investment decider shall decide on designing steps upon approving a project.
3. The Government shall specify designing steps for each kind of work.”
6. To amend and supplement Article 55 as follows:
“Article 55. Competition for and selection of architectural designs of construction works
1. Competition for or selection of architectural designs must be organized for large public works with special architectural requirements; invest-ment deciders shall decide on the organization of competition for or selection of architectural designs of these works. Investors shall decide on the organization of competition for or selection of architectural designs of other works.
2. Expenses for the organization of competition for or selection of architectural designs of a construction work shall be included in the total investment of that work.
3. Authors of winning or selected architectural designs of works may have their copyright protected and be selected with priority for formulating work construction investment projects and making construction designs if they fully satisfy capability conditions as prescribed.
4. The Government shall specify the organization of competition for or selection of architectural designs of construction works.”
7. To amend and supplement Article 59 as follows:
“Article 59. Appraisal and approval of work construction designs
1. A construction design must be appraised and approved. The design appraiser and approver shall take responsibility before law for his/her/ its appraisal and approval results.
2. The investment decider shall take accountability for the appraisal of the basic design and other contents of a work construction investment project when appraising it before approval. When necessary, the investment decider shall consult in writing concerned agencies on the basic design.
A project approval must clearly indicate basic design solutions to be observed and basic design solutions the investor may change in subsequent designing steps.
3. The investor shall appraise and approve subsequent designing steps in conformity with the approved basic design.
4. The Government shall specify contents of appraisal and approval of work construction designs.”
Article 2. To amend and supplement a number of articles of the Bidding Law.
1. To amend and supplement Clauses 30 and 39, Article 4 as follows:
“30. Evaluation price means a price determined on the same ground of technical, financial and commercial elements and shall be used for comparing and rating bids with regard to procurement, construction and installation or EPC bidding packages. Evaluation prices cover bid prices proposed by contractors to undertake bidding packages after correcting errors and necessary expenses for operation and maintenance and other expenses related to the progress, quality or origin of goods or works within bidding packages through their use duration.”
“39. Bidding appraisal means the inspection and assessment of bidding plans, bidding dossiers and contractor selection results by agencies or organizations with the appraising function, which serves as a basis for competent persons or investors to consider and make decision in accordance with this Law. The appraisal of contractor selection results does not mean re-assessment of bids.”
2. To amend and supplement Article 11 as follows:
“Article 11. Assurance of competitiveness in bidding
1. Contractors participating in bidding for bidding packages under projects specified in Article 1 of this Law must satisfy the following requirements on competitiveness:
a/ The bidding contractor must be organizationally independent and not dependent on the same managing agency of and be financially independent from the contractor providing consultancy on making bidding dossiers and assessing bids;
b/ The contractor providing supervision consultancy on contract performance must be organizationally independent from and not dependent on the same managing agency of and be financially independent from the contract-performing contractor;
c/ The contractor participating in bidding for bidding packages under a project must be organizationally independent from and not dependent on the same managing agency of and be financially independent from the project investor.
2. The Government shall specify assurance of competitiveness in bidding.”
3. To add the following Clauses 18 and 19 to Article 12:
“18. The bid solicitor’s failure to sell bidding dossiers to contractors within the time limit specified in bid invitation notices or bid invitation letters.
19. Employing foreign laborers while local laborers are capable of and satisfy requirements for performing bidding packages.”
4. To amend and supplement Points c and e, Clause 1, and Clause 3, Article 20 as follows:
“1. Contractor designation is applicable to the following:
c/ Bidding packages classified as national secrets: bidding packages under urgent projects in the national interests:
e/ Bidding packages valued within the limit permitted for contractor designation or having other special requirements as prescribed by the Government.”
“3. Before designating contractors for bidding packages specified at Points b, c. d and e. Clause 1 of this Article, cost estimates for these bidding packages must be approved in accordance with law; for bidding packages specified at Point e. contractor designation must also be more effective than bidding.”
5. To amend and supplement Clauses 1 and 3, Article 29 as follows:
“1. Bid-evaluating methods must be reflected through evaluation criteria in bidding dossiers. Bid-evaluating criteria include criteria for evaluating capability and experience in case pre-qualification selection is not applied: criteria for technical evaluation; criteria for general evaluation of consultancy service bidding packages or contents for determining evaluation prices on the same technical, financial and commercial grounds in order to compare and rate bids for procurement, construction and installation or EPC bidding packages.”
“3. For procurement, construction and installation and EPC bidding packages, the marking method or method of evaluation using the “satisfactory” or “unsatisfactory” criterion will be applied for technical evaluation. When formulating technical evaluation criteria in the form of a point scale, prescribed minimum technical requirements must not be lower than 70% of total technical points, or not lower than 80%. for bidding packages with high technical requirements. Bids which have passed technical evaluation shall be compared and rated based on evaluation prices on the same technical, financial and commercial grounds. The bid of a contractor having the lowest evaluation price on the same ground will be ranked first.
The Government shall specify the evaluation of bids.”
6. To amend and supplement Clause 5, Article 31 as follows:
“5. The maximum duration for evaluating a bid is forty five days, for domestic bidding, or sixty days, for international bidding, from the bid-opening date to the date the bid solicitor submits bidding results to the investor for approval.”
7. To amend and supplement Point a, Clause 1, Article 32 as follows:
“a/ Based on the nature and size of a bidding package, the pre-qualification selection of contractors shall be conducted before an open bidding is organized in order to select fully capable and experienced contractors as required by the bidding package to participate in the bidding.”
8. To amend and supplement Clause 2, Article 33 as follows:
“2. Receipt and management of bids
Bid solicitors shall receive and manage bids submitted as required by bidding dossiers under regulations on management of “secret” dossiers. Bids submitted after the bid closing will be regarded as improper and shall be rejected.”
9. To amend and supplement Point b, Clause 2, Article 35 as follows:
“b/ For procurement, construction and installation or EPC bidding packages, evaluation prices on the same technical, financial and commercial grounds shall be determined to compare and rate bids. For consultancy service bidding packages, general evaluation shall be conducted to compare and rate bids: particularly, consultancy service bidding packages with high technical requirements, financial proposals of the contractors technically ranked first shall be considered.”
10. To amend and supplement Clause 4, Article 38 as follows:
“4. Offering the lowest evaluation price on the same ground;”
11. To amend and supplement Article 39 as follows:
“Article 39. Submission of bidding results for approval and appraisal
1. The bid solicitor shall make a report on bidding results and submit it to the investor for consideration, decision and further sending to a responsible agency or organization for appraisal.
2. The appraising agency or organization shall, based on the bid solicitor’s report, make an evaluation report on bidding results and submit it to the investor for consideration and decision.”
12. To amend and supplement Clause 1, Article 40 as follows:
“1. Investors shall consider and approve bidding results on the basis of reports on bidding results and evaluation reports on bidding results.”
13. To amend and supplement Clause 1, Article 41 as follows:
“1. Bidding results shall be announced right after obtaining investors’ decisions approving bidding results.”
14. To amend and supplement Clause 3, Article 42 as follows:
“3. In case of unsuccessful negotiation and finalization of a contract, the investor shall consider and select next-ranked contractors. If the next-ranked contractors still fail to meet requirements, the case shall be considered and handled under regulations.”
15. To amend and supplement Clause 2, Article 43 as follows:
“2. Based on investors’ decisions, bid solicitors shall notify bidding contractors of the cancellation of bidding.”
16. To amend and supplement Article 46 as follows:
“Article 46. Contract formulation principles
1. A contract must be formulated in accordance with this Law and other relevant laws.
2. For contractors forming a partnership, the contract signed with the investor must be signed by all partners.
3. The contractual price must not exceed the winning bid price.”
17. To amend and supplement Clauses 2 and 3, Article 57 as follows:
“2. The adjustment of a signed contract may be made only in the contract performance duration and must be considered and decided by the investor. The adjusted contractual price must not result in an increase in the approved total investment, unless it is permitted by a person with investment-deciding competence.
3. In case reasonable jobs arising beyond those indicated in a contract do not result in a change in the investment objective or total investment, the investor shall reach agreement with the contractor that has signed the contract on additionally calculating arising jobs and sign a contract annex. If they cannot reach such agreement, those arising jobs will constitute a new biding package for which contractors shall be selected in accordance with this Law.”
18. To amend and supplement Article 60 as follows:
“Article 60. Responsibilities of competent persons
1. To decide on forms of contractor selection, including contractor designation specified in Clause 1, Article 20 of this Law.
2. To approve bidding plans.
3. To settle petitions related to bidding.
4. To handle violations of the bidding law in accordance with Article 15 of this Law and other relevant laws.
5. To cancel or terminate biddings or refuse to recognize contractor selection results upon detecting acts of violating the bidding law or other relevant laws.
6. To lake responsibility before law for their decisions.”
19. To add the following Clauses 13,14 and 15 to Article 61:
“13. To approve bidding dossiers.
14. To approve contractor selection results.
15. To decide on the handling of bidding circumstances.”
20. To amend and supplement Point c, Clause 1, Article 70 as follows:
“c/ Investors shall decide on the handling of bidding circumstances and take responsibility before law for their decisions.”
21. To amend and supplement Points a and c, Clause 1, Article 75 as follows:
“a/ Caution shall be imposed on organizations and individuals that violate this Law. except cases specified in Article 12 of this Law; successful bidders that intentionally fail to negotiate and finalize contracts or have negotiated and finalized contracts but do not sign them; contractors that have signed contracts but intentionally fail to perform part or the whole of the contracts; or contractors that perform consultancy service, procurement, construction and installation or EPC bidding packages but fail to ensure their quality and progress as agreed in the contracts;”
“c/ Organizations and individuals that violate Article 12 of this Law or have committed three or more acts of violation and been cautioned under Point a of this Clause shall be banned from participation in bidding activities.”
Article 3.
To amend and supplement Point a. Clause 2. Article 170 of the Enterprise Law as follows:
“a/ To re-register and manage and operate under this Law and other relevant laws: re-registration shall be made within five years from the effective date of this Law;”
Article 4.
To amend and supplement a number of articles of the Land Law.
1. To amend and supplement Clause 20, Article 4 as follows:
“20. Certificates of land use rights and ownership over houses and other assets attached to land are certificates issued by competent state agencies to persons with land use rights and ownership over houses and other assets attached to land in order to protect their lawful rights and interests.”
2. To amend and supplement Clause 1, Article 10 as follows:
“1. The State will issue certificates of land use rights and ownership over houses and other assets attached to land to persons with land use rights and ownership over houses and other assets attached to land.”
3. To amend and supplement Article 48 as follows:
“Article 48. Certificates of land use rights and ownership over houses and other assets attached to land
1. Certificates of land use rights and ownership over houses and other assets attached to land shall be issued to persons with land use rights and ownership over houses and other assets attached to land and made according to a form provided by the Ministry of Natural Resources and Environment. For houses and other assets attached to land, competent state agencies shall certify ownership over these houses and assets in certificates of land use rights and ownership over houses and other assets attached to land under this Clause only at the request of their owners.
2. Land use right certificates, house ownership and residential land use right certificates, house ownership certificates or construction work ownership certificates already issued under the land law. housing law, construction law or civil law before August 1, 2009, remain valid and are not required to be renewed into certificates of land use rights and ownership over houses and other assets attached to land under this Law. Holders of old certificates that wish to have their certificates renewed may do so under this Law without having to pay a fee.
Upon transferring land use rights or ownership over houses and other assets attached to land, transferees will be issued certificates of land use rights and ownership over houses and other assets attached to land under this Law.
Those who have not yet been issued any of the certificates specified in this Clause will be issued certificates of land use rights and ownership over houses and other assets attached to land under this Law.
3. The Government shall specify dossiers, order and procedures for the issuance of certificates of land use rights and ownership over houses and other assets attached to land.”
4. To add the following Clause 10 to Article
“10. Other cases as prescribed by the Government.”
5. To amend and supplement Article 52 as follows:
“Article 52. Competence to issue certificates of land use rights and ownership over houses and other assets attached to land
1. People’s Committees of provinces and centrally run cities may issue certificates of land use rights and ownership over houses and other assets attached to land to organizations, religious establishments and overseas Vietnamese that are allocated or leased land to implement investment projects, and foreign organizations and individuals.
2. People’s Committees of rural districts, urban districts, towns and provincial cities may issue certificates of land use rights and ownership over houses and other assets attached to land to households, individuals, population communities and overseas Vietnamese that own houses associated with the right to use residential land.
3. Agencies competent to issue certificates of land use rights and ownership over houses and other assets attached to land defined in Clause 1 of this Article may authorize such issuance to natural resources and environment management agencies of the same level.
The Government shall specify conditions for authorization for the issuance of certificates of land use rights and ownership over houses and other assets attached to land.
4. Provincial- and district-level natural resources and environment management agencies shall act as focal points in receiving dossiers and carrying out procedures for submission to People’s Committees of the same level defined in Clauses 1 and 2 of this Article to issue certificates of land use rights and ownership over houses and other assets attached to land.”
6. To replace the phrase “Land use right certificates” in the title of Section 5. Chapter II; Clause 3. Article 4: and Articles 6, 42, 43, 46, 47, 49, 50, 51, 90,105, 106, 119, 122, 124 thru 131, 136, 144 and 146 of the Land Law with the phrase “certificates of land use rights and ownership over houses and other assets attached to land.”
7. To annul Article 123 of the Land Law.
Article 5. To amend and supplement a number of articles of the Housing Law.
To amend and supplement Clause 1. Article 132 as follows:
“1. Having been issued certificates of land use rights and ownership over houses and other assets attached to land under law.”
2. To replace the phrase “House ownership certificates” in Articles 10, 21, 22, 36, 57, 78, 93, 95, 125 and 139: Clause 2, Article 66: and Point b, Clause 2, Article 106, of the Housing Law with the phrase “Certificates of land use rights and ownership over houses and other assets attached to land.”
3. To replace the phrase “any of the papers specified in Article 15 of this Law” in Clause 3, Article 66 of the Housing Law with the phrase “papers evidencing lawful establishment.”
4. To replace the phrase “in the order specified in Article 16 of this Law” in Clause 5, Article 93 of the Housing Law with the phrase “as prescribed by the Government.”
5. To remove the phrase “in accordance with this Law” in Clause 6, Article 21; Clause 1, Article 22: Point b, Clause 2, Article 106; and Clause 2, Article 125, of the Housing Law.
6. To remove the phrase “under Article 16 of this Law” in Clause 3. Article 105 of the Housing Law.
7. To annul Articles 11 thru 20.127.128.130, 138 and 152 of the Housing Law.
Article 6. The Government shall guide the uniform application of terms which have the same meaning but are expressed in different ways in the laws concerning capital construction investment.
Article 7.
1. This Law takes effect on August 1, 2009.
2. The Government shall detail and guide articles and clauses as assigned in the Law, and guide other necessary contents of this Law to meet state management requirements.
This Law was passed on June 19, 2009, by the XII^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.
 

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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
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No. 30/2009/QH12

Hanoi, June 17, 2009

LAW

ON URBAN PLANNING

(No. 30/2009/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Urban Planning.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Law provides urban planning activities including elaborating, evaluating, approving and adjusting urban planning; organizing the implementation of urban planning and managing urban development according to approved urban planning.
Article 2. Subjects of application
This Law applies to domestic and foreign organizations and individuals directly involved in or related to urban planning activities in Vietnamese territory.
Article 3. Interpretation of terms
In this Law. the terms below are construed as follows:
1. Urban center is an area with a dense population mainly engaged in non-agricultural economic activities, which is a political, administrative, economic, cultural or specialized center playing the role of promoting the socio­economic development of a country, a territorial region or a locality, and consists of inner city and suburbs, for a city; inner town and outskirts, for a town; and townships.
2. New urban center is an urban center expected to be formed in the future in line with the orientation of the master plan on the national system of urban centers, which is invested and constructed to step by step reach the criteria of urban centers as prescribed by law.
3. New urban quarter is an area within an urban center which is newly built with complete technical and social infrastructure and houses.
4. Urban planning is the organization of the space, architecture, urban landscape and system of technical and social infrastructure facilities and houses in order to create an appropriate living environment for people living in an urban center, which is expressed on an urban plan.
5. Planning tasks are requirements on study and organization of implementation approved by competent authorities as a basis for making an urban plan.
6. Urban plan is a document reflecting the contents of urban planning, including drawings, mock-ups, explanations and regulations on management according to urban planning.
7. General planning is the organization of the space and system of technical and social infrastructure facilities and houses for an urban center suitable to its socio-economic development, ensuring defense, security and sustainable development.
8. Zoning planning is the division and determination of functions and norms on the use of planned urban land of land areas, networks of social and technical infrastructure facilities within an urban area in order to concretize a general plan.
9. Detailed planning is the division and determination of norms on the use of planned urban land, requirements on management of architecture and landscape of each lot of land: arrangement of technical and social infrastnicture facilities in order to concretize a zoning plan or general plan.
10. Urban planning period is a specified period used as a basis for forecasting and calculating econo-technical norms for the making of an urban plan.
11. Validity period of urban planning is a specified period counting from the time when an urban plan is approved to the time it is adjusted or cancelled under a decision.
12. Urban architecture is a combination of objects in an urban center, including architectural, technical, art and advertisement works whose existence, image and shape dominate or directly affect urban landscape.
13. Urban space is a space covering urban architectural objects, trees and water surface in an urban center directly affecting urban landscape.
14. Urban landscape is a specific space with various observation directions in an urban center, such as the space in front of an architectural complex, a square, a street, a pavement, a footpath, a park, a greenery, a tree garden, a flower garden, a hill, a mountain, a hillock, an island, an islet, a natural land slope, a coastal strip, lake surface, river surface, a canal or a trench in an urban center and public-utility space in an urban center.
15. Norms on the use of planned urban land are norms for spatial and architectural development management which are specified for an area or a lot of land, including construction density, land use co-efficient and maximum and minimum construction heights of works.
16. Planning certificate is a document granted by a competent agency certifying the data and information relating to an area or a lot of land according to the approved urban plan.
17. Planning license is a document granted by a competent agency to an investor for use as a basis for making detailed planning or formulating work construction investment projects.
18. Framework technical infrastructure is a system of main technical infrastructure facilities of an urban center, including trunk roads, energy transmission lines, water supply lines, water drainage lines, information and telecom­munications lines and key technical works.
19. Underground space is a space under the ground planned for the construction of urban underground works.
Article 4. Classification and levels of administration of urban centers
1. Urban centers are classified into 6 grades, including special grade and grades I, II, III, IV and V, according to the following basic criteria:
a/ Location, function, role, structure and socio-economic development level of urban center;
b/ Population size;
c/ Population density;
d/ Non-agricultural labor proportion;
e/ Infrastructure development level.
2. The determination of urban administrative management levels is prescribed as follows:
a/ A city directly under the central government (centrally run city) must be an urban center of special grade or grade I;
b/ Provincial city must be an urban center of grade I. II or III;
c/ Town must be an urban center or grade III or IV;
d/ Township must be an urban center of grade IV or V.
3. The Government shall specify the classification and administrative management levels of urban centers as suitable to each period of socio-economic development.
Article 5. Principle of compliance with urban planning
Organizations and individuals shall comply with approved urban planning and the regulation on management of urban planning and architecture when implementing programs and plans on investment in urban construction and development, specialized plans within urban centers, urban land use plans, managing the implementation of construction investment projects in urban centers, managing urban space, architecture and landscape or carrying out other activities related to urban planning.
Article 6. Requirements on urban planning
1. To concretize the orientation of the master plan on the national system of urban centers and related regional plans; to comply with the objectives of the strategy and master plan on socio-economic development, defense and security; to ensure consistency with branch development plans within urban centers; to ensure publicity and transparency and harmonious combination of the interests of the nation, communities and individuals.
2. To make scientific forecasts, meet practical requirements and be in line with the urban development trend; to observe urban planning regulations and other related ones.
3. To protect the environment, prevent catastrophes affecting the community, improve landscape, conserve cultural and historical relics and local traits through strategic environmental assessment in the course of urban planning.
4. To rationally exploit and utilize natural resources, restrict the use of agricultural land, economically and efficiently use urban land in order to create resources for urban development, economic growth, assurance of social welfare, defense and security and sustainable development.
5. To ensure synchronism in architectural space, system of urban social and technical infrastructure and underground space; to harmoniously develop different areas in urban centers.
6. To meet the needs for houses, health, educational, cultural, sports and trade facilities, parks, trees, water surface and other social infrastructure facilities.
7. To meet the needs for technical infrastructure including systems of roads, energy supply, public lighting, water supply and drainage, waste treatment, information and communication, and other technical infrastructure facilities; ensure smooth connection of technical infrastructure systems within urban centers and compatibility with regional, national and international technical infrastructure facilities.
Article 7. Order of elaboration, evaluation and approval of urban planning
The elaboration, evaluation and approval of urban planning must follow the following order:
1. Elaboration of urban planning tasks;
2. Evaluation and approval of urban planning tasks;
3. Formulation of urban plans;
4. Evaluation and approval of urban plans.
Article 8. Rights and responsibilities of agencies, organizations and individuals in commenting on and supervising urban planning activities
1. Domestic organizations and individuals have the right to comment on and supervise urban planning activities.
2. Organizations and individuals have the duty to comment on issues related to their operations in urban planning activities.
3. Agencies and organizations responsible for urban planning activities shall create conditions for commenting on and supervising urban planning activities.
4. Comments of organizations and individuals on urban planning activities must be summed up, studied and publicized.
Article 9. Archive and preservation of urban plan dossiers
1. Approved urban plan dossiers shall be archived under the archive law.
2. Urban planning management agencies and land management agencies at all levels shall preserve urban plan dossiers and supply documents of urban plan dossiers to agencies, organizations and individuals in accordance with law.
Article 10. Conditions on consultancy organizations and individuals involved in urban planning
1. Urban planning consultancy organizations must have the legal person status; and meet all conditions on quantity and professional capacity of individuals involved in urban planning, management capacity and technical conditions relevant to performed jobs.
2. Individuals involved in urban planning must possess practicing certificates granted by competent agencies or organizations and capabilities relevant to performed jobs.
3. Foreign consultancy organizations and individuals involved in urban planning in Vietnam must, in addition to fully meeting the conditions stated in Clauses 1 and 2 of this Article, be accredited by competent Vietnamese agencies.
4. The Government shall specify conditions and capabilities of consultancy organizations and individuals involved in urban planning; and the competence and order for the grant of practicing certificates.
Article 11. Selection of consultancy organizations for urban planning
1. Urban planning must be conducted by consultancy organizations, which shall be selected through designation or competition.
2. The Government shall specify the forms of designation and competition to select urban planning consultancy organizations.
Article 12. Funds for urban planning and realization of urban planning
1. The funds for urban planning and realization of urban planning include:
a/ State budget fund for the elaboration and realization of general planning, zoning planning and detailed planning not belonging to investment projects on the construction of works for business purposes;
b/ Funds of organizations and individuals for urban planning under investment projects on the construction of works for business purposes.
2. The State encourages domestic and foreign organizations and individuals to finance urban planning.
3. State budget funds for urban planning and realization of urban planning shall be used for the following jobs:
a/ Conducting topographical and geological surveys to serve urban planning;
b/ Elaborating, evaluating and approving urban planning;
c/ Managing urban planning operations;
d/ Publishing and disclosing urban planning;
e/ Placing boundary markers on the field according to urban planning;
f/ Elaborating regulations on management of urban planning and architecture;
g/ Other jobs related to urban planning and realization of urban planning.
4. The Government shall specify the use of funds for urban planning and realization of urban planning.
Article 13. Contents of state management of urban planning
1. Formulating, and directing the materialization of, urban development orientations and strategies.
2. Promulgating, and organizing the implementation of, legal documents on management of urban planning activities.
3. Issuing regulations and standards on urban planning, and regulations on management of urban planning and architecture.
4. Managing urban planning activities.
5. Propagating, disseminating and educating in the law and information on urban planning.
6. Organizing and managing the training and retraining of human resources, research and application of sciences and technologies in urban planning activities.
7. Conducting international cooperation in urban planning activities.
8. Examining, inspecting and settling complaints and denunciations and handling violations in urban planning activities.
Article 14. State management responsibilities for urban planning
1. The Government shall perform the unified state management of urban planning nationwide.
2. The Ministry of Construction shall take responsibility to the Government for performing the state management of urban planning; assume the prime responsibility for, and coordinate with state agencies in, performing the state management of urban planning.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers and according to the assignment of the Government, coordinate with the Ministry of Construction in performing the state management of urban planning.
4. The People’s Committees at all levels shall perform the state management of urban planning in localities as decentralized by the Government.
Article 15. Inspection of urban planning
1. The construction inspectorate shall perform the function of inspecting urban planning.
2. The urban planning inspectorate has tasks and powers under the inspection law.
Article 16. Prohibited acts
1. Failing to perform the responsibility to organize urban planning.
2. Selecting incapable consultancy organizations for urban planning.
3. Elaborating, evaluating, approving and adjusting urban planning in violation of this Law.
4. Illegally intervening in urban planning activities.
5. Granting planning licenses in violation of this Law,
6. Granting planning certificates in areas without approved urban planning.
7. Refusing to provide information, except for information classified as state secret; providing wrong information on urban planning.
8. Deliberately violating approved urban planning.
9. Destroying urban space, architecture and landscape.
10. Place boundary markers in wrong places; destroying and displacing urban planning boudary markers.
11. Obstructing and causing difficulties to urban planning and the realization of urban planning.
Chapter II

URBAN PLANNING

Section 1. ORGANIZATION OF URBAN PLANNING
Article 17. Orientations of the master plan on the national system of urban centers
1. Orientations of the master plan on the national system of urban centers are formulated to determine the national network of urban centers as a basis for urban planning.
2. The Ministry of Construction shall base itself on the strategy and master plan on socio­economic development, defense and security to formulate orientations of the master plan on the national system of urban centers and submit them to the Prime Minister for approval.
Article 18. Types of urban planning
1. Urban planning is of the following types:
a/ General planning, which is made for centrally run cities, provincial cities, towns, townships and new urban centers;
b/ Zoning planning, which is made for areas within cities, towns and new urban centers;
c/ Detailed planning, which is made for areas to meet urban development and management requirements or construction investment needs.
2. Technical infrastructure planning constitutes part of general planning, zoning planning or detailed planning; particularly for centrally run cities, technical infrastructure planning is made separately as specialized technical infrastructure planning.
3. The Ministry of Construction shall prescribe dossiers for each type of urban planning.
Article 19. Urban planning responsibilities
1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the People’s Committees of provinces and centrally run cities in, organizing general planning for new urban centers of a planning scope related to the administrative boundaries of two or more provinces and centrally run cities, general planning for new urban centers with a projected population equal to that of urban centers of grade III or higher, and other planning assigned by the Prime Minister.
2. The People’s Committees of provinces and centrally run cities shall organize general planning for centrally run cities, general planning for new urban centers, specialized technical infrastructure planning for centrally run cities, zoning planning and detailed planning for zones of a scope related to the administrative boundaries of two or more rural and/or urban districts, areas in new urban centers and areas of importance, excluding urban planning stated in Clause 1 and Clause 7 of this Article.
3. The People’s Committees of provincial cities and towns shall organize general planning for provincial cities and towns, zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.
4. The People’s Committees of urban districts shall organize zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.
5. The People’s Committees of rural districts of a centrally run city shall organize general planning and detailed planning for townships, zoning planning and detailed planning within the administrative boundaries under their management, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.
6. The People’s Committees of rural districts of a province shall organize general planning and detailed planning for townships, excluding urban planning stated in Clauses 1, 2 and 7 of this Article.
7. Investors of construction investment projects shall organize detailed planning for areas assigned to them for investment.
Section 2. COLLECTION OF COMMENTS ON URBAN PLANNING
Article 20. Responsibility to collect comments on urban planning
1. Agencies organizing urban planning and investors of construction investment projects specified in Clause 7, Article 19 of this Law shall collect comments of concerned agencies, organizations, individuals and communities on urban planning tasks and urban plans.
Concerned People’s Committees and planning consultancy organizations shall coordinate with agencies organizing urban planning or investors of construction investment projects specified in Clause 7, Article 19 of this Law in collecting comments.
2. For urban planning tasks and urban plans under the approving competence of the Prime Minister, the Ministry of Construction shall collect comments of other concerned ministries, agencies and organizations at the central level; concerned People’s Committees shall collect comments under Clause 1 of this Article.
3. Planning consultancy organizations shall collect comments of concerned agencies, organizations, individuals and communities on urban plans.
4. Contributed comments must be fully synthesized, explained, assimilated and reported to competent authorities for consideration before approval of urban planning.
Article 21. Forms and time of collecting comments
1. Concerned agencies, organizations and individuals shall be consulted in the form of sending dossiers and documents or holding conferences or workshops. Consulted agencies and organizations shall give written replies.
2. The collection of comments of population communities on general planning tasks and plans shall be conducted by consulting their representative in the form of distributing survey cards and questionnaires. Population community representatives shall synthesize comments of their communities in accordance with the law on grassroots democracy.
3. The collection of comments of population communities on zoning planning and detailed planning tasks and plans shall be conducted by opinion polls through public display or introduc­tion of planning options on the mass media.
4. The time limit for giving comments is at least 15 days for agencies, and 30 days for organizations, individuals and communities.
Section 3. URBAN PLANNING TASKS
Article 22. Requirements on urban planning tasks
1. Urban planning tasks must determine development viewpoints and objectives in response to the requirements of each urban center and each planned area as a basis for conducting studies to make urban plans.
2. Urban planning tasks must be approved by competent agencies under Articles 44 and 45 of this Law.
Article 23. Contents of urban planning tasks
1. General urban planning tasks must determine the nature and role of urban centers, basic requirements on studies to exploit the deve-lopment potential, driving force and orientations, urban expansion, arrangement of the systems of urban social and technical infrastructure facilities in inner areas and suburbs: and requirements on strategic environmental assessment.
2. Zoning planning tasks must determine the boundary, area and nature of the planned area, the expected norms on population, land use and social and technical infrastructure; requirements and basic principles of zoning to ensure conformity in terms of architectural space and connection of technical infrastructure with the approved general planning and suitability with adjacent areas; and requirements on strategic environmental assessment.
3. Detailed planning tasks must determine the limits of land use and population: requirements and principles of organization of architectural space, social and technical infrastructure in the planned area, ensuring conformity with approved general planning and zoning planning and suitability with adjacent areas; requirements on strategic environmental assessment.
4. In case of planning the renovation and refurbishment of urban centers, planning tasks must identify requirements on studies to assure balanced and stable development of urban centers or planned areas, preserve architectural space and characteristics of urban centers and improve the people’s living conditions.
5. In case of planning new urban centers or urban quarters, planning tasks must identify requirements on studies to ensure synchronism and completeness of the systems of social and technical infrastructure facilities in urban centers and connection with technical infrastructure outside urban centers, and modern architectural space and living environment.
Section 4. MAKING OF URBAN PLANS
Article 24. Bases for making urban plans
1. Strategies and master plans on socio­economic development, defense and security, orientations of the master plan on the national system of urban centers, regional construction planning and higher-level urban planning already approved.
2. Approved sector planning.
3. Approved urban planning tasks.
4. Urban planning standards and sectoral standards.
5. Topographic maps made by specialized survey and measurement agencies.
6. Socio-economic documents and data on related localities and sectors.
Article 25. General plans of centrally run cities
1. A general plan of a centrally run city must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure of the city; development model, development structure of the space of the inner area and suburbs, including underground space; orientation of the system of framework technical infrastructure facilities; strategic environmental assessment; priority investment programs and resources for implementation.
2. Drawings of a general plan of a centrally run city shall be made on a 1:25,000 or 1:50,000 scale. The plan must clearly indicate the inner area and areas planned for development.
3. The period of a general plan of a centrally run city is between 20-25 years, with a vision for 50 years.
4. The approved general plan of a centrally run city serves as a basis for conducting specialized urban technical infrastructure planning and zoning planning for the city.
Article 26. General plans of provincial cities, towns
1. A general plan of a provincial city or town must indicate the development objectives and driving force, population size, land area and basic norms on social and technical infrastructure; development model, development orientation of the space of the inner area and suburbs, political-administrative, service, trade, cultural, education, training and health centers, green parks, physical training and sports facilities in the city or town; planning on the system of framework technical infrastructure facilities on the ground, overhead and underground; strategic environmental assessment; priority investment plans and resources for implementation.
2. Drawings of a general plan of a city or town shall be made on a 1:10.000 or 1:25,000 scale. The dossier must clearly indicate the inner area and areas planned for development.
3. The period of a general plan of a provincial city or town is between 20-25 years.
4. The approved general plan of a city or town serves as a basis for conducting zoning planning and detailed planning for areas and making investment projects on the construction of framework technical infrastructure in the city.
Article 27. General plans of townships
1. A general plan of a township must indicate the development objectives and driving force, population size, land area and norms on social and technical infrastructure in the township; organization of urban space, planning on social infrastructure facilities and the system of technical infrastructure facilities; strategic environmental assessment; priority investment plans and resources for implementation.
2. Drawings of a general plan of a township shall be made on a 1:5,000 or 1:10,000 scale.
3. The period of a general plan of a township is between 10-15 years.
4. The approved general plan of a township serves as a basis for conducting detailed planning for areas and making investment projects on the construction of technical infrastructure in the township.
Article 28. General plans of new urban centers
1. A general plan of a new urban center contains an analysis and clarification of bases for the formation and development of the urban center; studies on the model of development of the space, architecture and environment suitable to the nature and functions of the urban center; identifies development stages, implementation plans and projects to create a driving force for forming and developing the new urban center and a model of urban development management; and strategic environmental assessment.
2. Drawings of a general plan of a new urban center shall be made on a 1:10.000 or 1:25.000 scale.
3. The period of a general plan of a new urban center is between 20-25 years.
4. The approved general plan of a new urban center serves as a basis for conducting zoning planning and detailed planning for areas and making investment projects on framework technical infrastructure in the new urban center.
Article 29. Zoning plans
1. A zoning plan must indicate the use functions for each lot of land; principles of organization of space, architecture and landscape for the entire planned area; norms on population, land use and technical infrastructure for each street block; arrangement of social infrastructure facilities in response to their use needs; arrangement of the network of technical infrastructure facilities in each street suitable to each development period of the urban center; and strategic environmental assessment.
2. Drawings of a zoning plan shall be made on a 1:5.000 or 1:2.000 scale.
3. The period of a zoning plan shall be determined on the basis of the period of the general planning and urban management and development requirements.
4. The approved zoning plan serves as a basis for identifying construction investment projects in the urban center and conducting detailed planning.
Article 30. Detailed plans
1. A detailed plan must indicate the norms on population, social and technical infrastructure and requirements on organization of space and architecture for the entire planned area; arrangement of social infrastructure facilities in response to their use needs; norms on land use and requirements on work architecture for each lot of land; arrangement of the network of technical infrastructure facilities up to the boundary of each lot of land; and strategic environmental assessment.
2. Drawings of a detailed plan shall be made on a 1:500 scale.
3. The period of a detailed plan shall be determined on the basis of the period of the zoning planning and urban management and development requirements.
4. The approved detailed plan serves as a basis for granting construction permits and formulating construction investment projects.
Article 31. Planning for renovation and refurbishment of urban centers; development of new urban quarters and new trunk roads in urban centers
1. When planning renovation and refurbish­ment of an urban center, it is necessary to evaluate the current use of land, social and technical infrastructure facilities, cultural, social and environmental factors of the urban center and the planned area in order to come up with appropriate supplementation and adjustment solutions to economically and efficiently exploit and use urban land, ensure the needs for using social and technical infrastructure; preserve and promote the identity, space, architecture and landscape of the urban center.
2. When planning a new urban quarter, it is necessary to abide by the principles of economical and efficient use of land, effective utilization of existing infrastructure systems, close connection between to be-developed areas and existing urban center; ensure the synchronous and complete system of social and technical infrastructure facilities and services in the urban center and harmony between to be-developed areas and existing residential areas; protect natural resources and preserve the identity of the areas.
3. Detailed planning for new trunk roads in an urban center must ensure the following requirements:
a/ The planned area must be at least 50 m outward from the red-line boundary of a planned road;
b/ To effectively exploit the land fund along both sides of a road; to study the space, architecture and shape of construction works and the setback of each specific work, ensuring the integrity and peculiarities of the area.
Article 32. Urban design
1. Urban design is part of an urban plan, which is made under Clauses 1, 2 and 3, Article 33 of this Law.
2. In case an urban quarter has land lots with basically stable use functions, an urban plan is not required to be made but a separate urban design plan must be made as a basis for managing construction investment and granting construction permits. The details of a separate urban design plan are provided in Clause 4, Article 33 of this Law.
3. The elaboration, evaluation and approval of separate urban design plans comply with Articles 19, 20, 21, 41, 42, 43, 44 and 45 of this Law applicable to detailed plans.
Article 33. Details of an urban design
1. The urban design in a general plan must indicate architectural and landscape areas in an urban center; proposed organization of space in central areas and gateways, main spatial axis, big squares, greenery space, water surface and prominent points in the urban center.
2. The urban design in a zoning plan must indicate control limits of norms on setback and urban landscape along trunk roads and in central areas; areas with open space, prominent works and street blocks in the designed area.
3. The urban design in a detailed plan must indicate prominent works in the planned area, visions and construction heights of works in each lot of land and the whole area; setback of works along each street and crossroad; dominant shapes, colors and forms of architecture of architectural works; systems of trees, water surface and squares.
4. The urban design of a separate urban design plan must indicate the construction height for each work; setback of works along each street and crossroad: colors, materials, forms and details of architecture of works and other architectural objects; organization of public trees, garden yards, street trees and water surface.
Article 34. Regulation on management according to urban plan or urban design
1. A regulation on management according to urban plan or urban design is a regulation on norms on land use in each area or lot of land, technical parameters of the system of technical infrastructure, organization of space, architecture and landscape in the planned urban area.
2. On the basis of drawings and explanations of urban plans, urban designs, recommendations and measures to realizing urban planning, consultancy organizations compiling urban plans or urban designs shall elaborate regulations on management according to urban plan or urban design and submit them to agencies approving urban plans or urban designs.
3. Agencies approving urban plans or urban designs shall issue regulations on management according to urban plan or urban design.
Article 35. Contents of a regulation on management according to urban plan or urban design plan
1. A regulation on management according to the general plan contains the following principal contents:
a/ Norms on area and density of construction, land use coefficient and maximum and minimum heights of works in each functional quarter in an urban center;
b/ Control of space and architecture in areas in an urban center;
c/ Red-line boundary markers of main streets and the control construction ground floor level in an urban center;
d/ Locations and scope of protection and safety corridors of underground works;
e/ No-construction areas; scope of protection and safety corridors of technical infrastructure facilities; environmental protection measures;
f/ Areas of conservation and embellishment of architectural works, historical and cultural relics, spots of beauty and scenic places and landscape areas in an urban center.
2. A regulation on management according to the zoning plan contains the following principal contents:
a/ Boundary, scope and nature of the planned area;
b/ Locations, boundaries, nature and scopes of functional quarters in the planned area; norms on density of construction, land use coefficients and maximum and minimum heights and standard construction ground floor level of each street; red-line boundary markers, construction ground floor level and specific technical requirements of each road; and scope of protection and safety corridors of technical infrastructure facilities;
c/ Major spatial axes, prominent points in an urban center;
d/ Locations and scopes of protection and safety corridors of underground works;
e/ Areas of conservation, renovation and embellishment of historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.
3. A regulation on management according to the detailed plan contains the following principal contents:
a/ Boundary and scope of the planned area; b/ Locations, boundaries, functions and sizes of land lots in the planned area: norms on density of construction, land use coefficients and standard construction ground floor level of each lot of land; heights, floor and ceiling levels of the ground storey; forms of architecture and fences of works, building materials of works; red-line boundary markers, construction markers, and specific technical requirements of each road, street and lane; and scope of protection and safety corridors of technical infrastructure facilities;
c/ Locations and scope of protection and safety corridors of underground works;
d/ Conservation, renovation and embellish­ment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.
4. A regulation on management according to the urban design plan contains the following principal contents:
a/ Boundary and scope of the designed urban area;
b/ Functions, density of construction, standard construction ground floor level of each lot of land; heights, forms of architecture and fences of works, building materials of works; floor and ceiling levels of the ground storey, and setback of works;
c/ Public works, small architectural works; architecture covering urban technical infrastructure facilities;
d/ Conservation, renovation and embellish­ment of architectural works, historical and cultural relics, spots of beauty, scenic places and landscape areas and environmental protection.
Section 5. URBAN TECHNICAL INFRASTRUCTURE PLANNING
Article 36. Objects of urban technical infrastructure planning
Urban technical infrastructure planning shall be conducted for the following objects:
1. Urban transport:
2. Urban base heights and surface water drainage;
3. Urban water supply;
4. Urban wastewater drainage;
5. Energy supply and urban lighting;
6. Information and communication;
7. Cemeteries and solid waste treatment.
Article 37. Contents of urban technical infrastructure planning
1. Urban transport planning must indicate land funds reserved for transport construction and development, locations and sizes of key works; organization of the urban transport system on the ground, overhead and underground; and the scope of protection and corridors for traffic safety.
2. Base height and urban surface water drainage planning must indicate areas favorable for construction in each area and urban center: main basins for water drainage, and areas where construction is banned and restricted; standard construction ground floor level, network of surface water drainage and key works; and measures of preventing and mitigating damage caused by natural disasters.
3. Urban water supply planning must indicate the need for and selection of water sources; locations and sizes of water supply works, including the networks of transmission and distribution, water plants, cleaning stations, scope of protection of water sources and protection corridors of water supply facilities;
4. Urban wastewater drainage planning must indicate the total volume of wastewater, locations and sizes of water drainage works, including networks of drainage pipelines, wastewater drainage plants and stations, sanitation distance from and corridors of protection of urban wastewater drainage works.
5. Energy supply and lighting planning must indicate energy use needs, supply sources, requirements of locations and size of key works, transmission and distribution networks: safety corridors and scopes of protection of works: and comprehensive solutions for urban lighting.
6. Information and communications planning must indicate information transmission routes, locations and sizes of satellite stations, switchboards and auxiliary works.
7. Solid waste treatment planning must indicate the total volume of solid waste, locations and sizes of transfer depots, solid waste treatment facilities, auxiliary works and sanitation distance from solid waste treatment facilities.
8. Cemetery planning must indicate burial needs, locations, sizes and boundaries of cemeteries, functional sub-zones, arrangement of technical infrastructure works and sanitation distance from cemeteries.
Article 38. Specialized technical infrastructure plans
1. A specialized technical infrastructure plan stated in Clause 2. Article 18 of this Law shall be made for each technical infrastructure object in the whole urban center.
2. A specialized technical infrastructure plan must comply with Articles 37 and 39 of this Law and the approved general plan of the centrally run city concerned.
3. The period of specialized technical infrastructure planning coincides with that of the general plan.
4. An approved specialized technical infrastructure plan serves as a basis for formulating an investment project on the construction of a framework system of urban technical infrastructure.
Section 6. STRATEGIC ENVIRONMENTAL ASSESSMENT IN URBAN PLANNING
Article 39. Content of strategic environmental assessment
1. Strategic environmental assessment is part of a general plan, zoning plan, detailed plan and specialized technical infrastructure plan.
2. The content of strategic environmental assessment of an urban plan covers:
a/ Assessment of the present situation of the urban environment regarding hydro-meteorolo­gical conditions: quality of water, air and eco­system, geology; soil erosion; solid wastes, wastewater and noise: exploitation and utilization of natural resources; climate change; social issues, landscape, culture and heritage sites, as a basis for putting forward urban planning solutions:
b/ Forecasts about environmental develop­ment in the course of realizing urban planning:
c/ Comprehensive solutions to preventing, reducing and remedying environmental impacts and making environmental monitoring plans.
3. The Government shall specify the content of strategic environmental assessment of an urban plan.
Article 40. Evaluation of the content of strategic environmental assessment
1. The evaluation of the content of strategic environmental assessment shall be conducted in the course of evaluating an urban plan.
2. The agency evaluating urban planning shall assume the prime responsibility for. and coordinate with the environment state management agency in evaluating its content of strategic environmental assessment.
Chapter III

EVALUATION AND APPROVAL OF URBAN PLANNING

Article 41. Agencies evaluating urban planning tasks and urban plans
1. The Ministry of Construction shall evaluate urban planning tasks and urban plans falling under the approving competence of the Prime Minister.
2. Provincial-level urban planning management agencies shall evaluate urban planning tasks and urban plans falling under the approving competence of provincial-level People’s Committees, except detailed planning tasks of areas under construction investment projects with planning licenses.
3. District-level urban planning management agencies shall evaluate urban planning tasks and urban plans falling under the approving competence of district-level People’s Committees, except detailed planning tasks of areas under construction investment projects with planning licenses.
Article 42. Evaluation councils
1. The Ministry of Construction shall decide to establish an evaluation council in the following cases:
a/ Urban planning under the approving competence of the Prime Minister:
b/ Urban planning of special political, socio­economic, cultural and historical importance which is assigned by the Prime Minister to the Ministry of Construction.
2. People’s Committees competent to approve urban planning shall decide to set up evaluation councils, except cases stated in Clause 1 of this Article.
3. An evaluation council is composed of representatives of concerned state management agencies and socio-professional organizations.
Article 43. Contents of evaluation of urban planning tasks and urban plans
1. Evaluation of urban planning tasks covers:
a/ Compliance of urban planning tasks with socio-economic development, defense and security requirements and higher-level urban planning;
b/ Content requirements for each type of urban planning tasks specified in Article 23 of this Law;
2. Evaluation of an urban plan covers:
a/ Eligibility of urban planning consultancy organizations as prescribed in Article 10 of this Law;
b/ Grounds for making urban plans prescribed in Article 24 of this Law;
c/ Compliance of urban plans with urban planning tasks and requirements prescribed in Article 6 of this Law and content requirements for each type of plan prescribed in Sections 3, 4 and 5, Chapter II of this Law.
Article 44. Competence to approve urban planning tasks and urban plans
1. The Prime Minister shall approve the following urban planning tasks and urban plans:
a/ General planning of centrally run cities, general planning of provincial cities which are grade-I urban centers, general planning of new urban centers with a forecast population equivalent to that of grade-Ill urban centers and new urban centers with a planning scope related to the administrative boundaries of two or more provinces;
b/ Specialized technical infrastructure planning of centrally run cities which are special-grade urban centers;
c/ General planning, zoning planning and detailed planning of areas of special national political, socio-economic, cultural, historical importance;
d/ Other types of planning assigned by the Prime Minister to the Ministry of Construction.
2. The People’s Committees of provinces and centrally run cities shall approve the following urban planning tasks and urban plans:
a/ General planning of provincial cities, towns, townships and new urban centers, except those specified at Point a. Clause 1 of this Article: for general plans of grade-II. grade-Ill and grade-IV urban centers and new urban centers, written agreement of the Ministry of Construction is required before approval;
b/ Specialized technical infrastructure planning of centrally run cities, excluding planning specified at Point b. Clause 1 of this Article, after obtaining written agreement of the Ministry of Construction;
c/ Zoning planning of special-grade and grade-I urban centers; zoning planning and detailed planning of areas in urban centers which are related to the administrative boundaries of two or more rural or urban districts, areas of important significance, and areas within new urban centers, excluding planning specified at Point c. Clause 1 and planning tasks specified in Clause 5 of this Article.
3. People’s Committees of provincial cities, towns, urban districts and People’s Committees of rural districts of centrally run cities shall approve zoning planning and detailed planning tasks and zoning plans and detailed plans within the administrative boundaries under their respective management, excluding types of urban planning specified in Clauses 1 and 2 and urban planning tasks specified in Clause 5 of this Article, after obtaining written agreement of provincial-level urban planning management agencies.
4. People’s Committees of rural districts of provinces shall approve detailed planning tasks and detailed plans of townships, excluding types of urban planning specified in Clauses 1 and 2 and urban planning tasks specified in Clause 5 of this Article, after obtaining written agreement of provincial-level urban planning management agencies.
5. Investors of construction investment projects shall approve detailed planning tasks of areas with planning licenses.
6. People’s Committees of cities, towns and townships shall report to the People’s Councils of the same level on general urban planning before such planning is approved by competent state agencies.
Urban planning agencies shall coordinate with People’s Committees of cities, towns and townships in reporting to the People’s Councils of the same level on general urban planning of cities, towns and townships.
7. The Government shall specify the order and procedures for approving urban planning tasks and urban plans.
Article 45. Forms and contents of approving urban planning tasks and urban plans
1. Urban planning tasks and urban plans shall be approved in writing.
2. A document approving an urban plan must contain the major details of the plan specified in Articles 23, 25, 26, 27, 28, 29, 30, 33, 37 and 39 of this Law and attached list of approved drawings.
Chapter IV

ADJUSTMENT OF URBAN PLANNING

Article 46. Review of urban planning
1. Urban planning shall be periodically reviewed and evaluated in the course of implementation so as to be promptly adjusted in response to the socio-economic development situation in each period.
General planning and zoning planning shall be reviewed once every five years and detailed planning once every 3 years, counting from the date they are approved.
2. People’s Committees at all levels shall review approved urban planning.
3. Urban planning review results shall be reported in writing to agencies with urban planning-approving competence.
4. Based on the socio-economic development and factors affecting the urban development process, agencies with urban planning-approving competence shall decide to adjust urban planning.
Article 47. Conditions on adjustment of urban planning
An urban planning may be adjusted in any of the following cases:
1. There is an adjustment to the strategy or master plan on socio-economic development, defense and security, orientations of the master plan on the national system of urban centers, regional construction planning, higher-level urban planning and administrative boundaries greatly affecting the nature, function and size of the urban center or planned area;
2. A key project of national importance is formed, which greatly affects urban land use, environment and spatial and architectural layout;
3. The urban planning cannot be realized or its realization is adversely affecting the socio­economic development, defense, security, social welfare, ecological environment, historical or cultural relics according to review or evaluation results and community opinions;
4. There is a change in climate, geological or hydrological conditions;
5. Serving national and community interests.
Article 48. Principles of adjustment of urban planning
1. Focusing on contents to be adjusted while other contents already approved continue to be legally valid.
2. Making adjustment based on analysis and assessment of the current conditions, clearly indicating urban renovation and refurbishment requirements and proposing adjusted norms on land use, solutions to organization of space, architecture and landscape in each area; and solutions to renovating the network of technical and social infrastructure facilities in response to development requirements.
Article 49. Types of adjustment of urban planning
1. Overall adjustment of urban planning is prescribed as follows:
a/ Overall adjustment of urban planning is made when the nature, functions and scope of an urban center or an area with detailed planning are changed or the expected adjustment would change the general structure and development orientation of an urban center; the nature, function, scope and major planning solutions of an area with zoning and detailed planning:
b/ Overall adjustment of an urban plan must meet practical requirements, comply with the socio-economic development trend and urban development orientation in the future, improve the quality of the living environment, infrastructure and landscape of the urban center; ensure continuity and not greatly affect ongoing investment projects.
2. Partial adjustment of urban planning is prescribed as follows:
a/ Partial adjustment of urban planning is made when the expected adjustment will not greatly affect the nature, boundary and general develop­ment orientation of an urban center; the nature, function, scope and major planning solutions of an area with zoning and detailed planning;
b/ Partial adjustment must clearly identify the scope, extent and content of adjustment, ensure continuity and uniformity of the existing general planning, zoning planning or detailed planning of an urban center on the basis of analysis and clarification of reasons for adjustment, socio­economic benefits of the adjustment; and solutions to problems caused by the adjustment.
Article 50. Order of overall adjustment of urban planning
1. Agencies responsible for urban planning shall report proposals for overall adjustment of urban planning to agencies with urban planning-approving competence for approval.
2. After obtaining approval of agencies with urban planning-approving competence, the elaboration, evaluation and approval of overall adjustment tasks and plans and publication of adjusted urban planning comply with Articles 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 33, 35, 37, 39, 41, 42, 43, 44, 48, 53 and 54 of this Law.
Article 51. Order of partial adjustment of urban planning
1. Agencies responsible for urban planning shall report on contents and plans on partial adjustment of urban planning and organize meetings to collect opinions of population communities in areas with planning to be adjusted and in adjacent areas to be directly affected, then submit them to agencies with urban planning-approving competence for consideration.
2. Agencies with urban planning-approving competence shall consider and decide on partial adjustment in writing on the basis of opinions of urban planning-evaluating agencies.
3. Urban planning agencies shall update and reflect adjusted contents in planning dossiers. Adjusted contents of urban planning shall be publicized under Article 53 of this Law.
Article 52. Adjustment of a lot of land in the planned area
1. When it is necessary to adjust the boundary or some norms on planned urban land use for implementing investment projects to build concentrated or individual works in an area with approved detailed planning, competent agencies shall base themselves on urban planning standards, technical and social infrastructure conditions of urban centers or areas and the regulations on management of urban planning and architecture to decide on the adjustment through granting planning licenses under Article 71 of this Law.
2. The adjustment of the boundary or some norms of planned urban land use of a lot of land must not affect the nature, architectural space, landscape, the environment and the technical and social infrastructure-providing capacity of the urban center and area.
Chapter V

ORGANIZATION OF REALIZATION OF, AND MANAGEMENT OF URBAN DEVELOPMENT ACCORDING TO, URBAN PLANNING

Section I. ORGANIZATION OF REALIZATION OF URBAN PLANNING
Article 53. Publicization of urban planning
1. Within 30 days after being approved, urban plans shall be publicized in the following forms:
a/ Constant display of drawings and mock-ups at offices of urban planning-related state manage­ment agencies at all levels, urban planning exhibi­tion and information centers and planned areas;
b/ Information on the mass media;
c/ Printing of publications for wide dissemination.
2. Contents to be publicized include basic details of the plan and the promulgated regulations on management according to urban plans and urban designs, excluding contents related to defense, security and national secrets.
3. Urban planning management agencies shall fully update the implementation of approved urban plans for timely publicization by competent agencies to organizations and individuals for information and supervision.
Article 54. Responsibility for publicizing urban planning
1. People’s Committees of cities, towns and townships shall publicize general plans made for their cities, towns and townships.
2. People’s Committees of urban districts and rural districts of centrally run cities. People’s Committees of provincial cities, towns and town­ships shall publicize zoning plans and detailed plans made for areas within the administrative boundaries under their management.
Article 55. Provision of information on urban planning
1. Urban planning management agencies at all levels shall provide information on approved urban planning for organizations and individuals upon request.
2. The provision of information on urban planning shall be conducted in the forms of direct explanation, on the mass media and grant of planning certificates.
3. Provided information must be based on approved urban plans and urban designs and promulgated regulations on management according to urban plan and urban design.
4. Agencies providing information on urban planning shall take responsibility for the accuracy of documents and data provided by them.
Article 56. Grant of planning certificates
1. Urban planning management agencies at all levels shall base themselves on approved urban plans and promulgated regulations on management according to urban plan and urban designs to grant planning certificates to organizations and individuals upon request.
2. A planning certificate contains information on the boundary of the lot of land, land use function, area, red-line boundary and construction markers, construction densify, land use co-efficient, standard construction ground floor level and maximum and minimum heights of works; information on architecture, technical infrastructure system, environmental protection and other regulations.
3. The validity duration of a planning certificate is the same as that of the approved urban plan.
Article 57. Placement of markers according to urban planning
1. Placement of markers under urban planning includes placement of markers of red-line boundaries, standard construction ground floor levels and boundaries of no-construction areas in the field according to approved marker placement dossiers.
2. After urban plans are approved by competent agencies. People’s Committees at all levels shall:
a/ Organize the compilation and approval of marker placement dossiers according to approved urban plans within 30 days from the date of approval of urban plans;
b/ Organize the placement of markers in the field according to approved marker placement dossiers within 45 days from the date of approval of marker placement dossiers.
3. Marker placement dossiers shall be prepared by specialized units.
4. Urban planning management agencies at all levels shall preserve approved marker placement dossiers and provide marker-related documents to organizations and individuals upon request.
5. When urban planning is adjusted, markers shall be also adjusted according to adjusted urban planning.
6. Markers must be durable, easily noticeable, and safe for passing persons and vehicles and suitable to the terrain and geomorphology of the marked areas.
7. The Ministry of Construction shall specify the placement and management of markers according to urban planning.
Section 2. MANAGEMENT OF URBAN SPACE, ARCHITECTURE AND LANDSCAPE
Article 58. Principles of management of urban space, architecture and landscape
1. Owners of architectural objects affecting urban space, architecture and landscape shall protect and maintain their objects in the course of exploitation and use to ensure their beauty, safety and harmony with surrounding space.
2. The building, renovation, refurbishment, repair and dismantling of architectural objects and trees in public areas and premises of works and houses which affect urban space, architecture and landscape are subject to permission of competent management agencies.
3. Before formulating investment projects on the construction of big works of important significance and status in urban centers, architectural designs must be selected through contests.
4. The Government shall specify the manage­ment of urban space, architecture and landscape.
Article 59. Responsibility for management of urban space, architecture and landscape
1. The People’s Committees of cities, towns and townships shall comprehensively manage urban space, architecture and landscape within the administrative boundaries under their management.
2. Urban planning management agencies shall assist the People’s Committees of cities, towns and townships in managing urban space, architecture and landscape.
Article 60. Regulations on management of urban planning and architecture
1. The People’s Committees of cities, towns and townships shall promulgate regulations on management of urban planning and architecture applicable to all urban centers under their management.
2. Regulations on management of urban planning and architecture must conform with promulgated urban plans, regulations on management according to urban plan and urban design as well as practical conditions of urban centers.
3. Regulations on management of urban planning and architecture must contain the following principal contents:
a/ Regulations on organization of realization of urban planning and management of urban development, for areas with approved urban planning and urban designs and other areas in urban centers;
b/ Regulations on management of urban architecture and space and encouraging and restricting measures;
c/ Specific regulations on management and control of urban development;
d/ Regulations on responsibilities of state agencies, organizations and individuals in organizing the realization of urban planning and managing urban development.
Section 3. MANAGEMENT AND USE OF URBAN LAND ACCORDING TO PLANNING
Article 61. Principles of management and use of urban land
1. Land of all categories in urban centers must be used for proper purposes and functions indicated in approved urban plans.
2. Urban land management must comply with this Law, the land law and other relevant laws.
Article 62. Preparation of land funds for urban development according to planning
1. People’s Committees of competent levels shall organize ground clearance for areas already planned for the construction of technical and social infrastructure facilities to serve public-interests in line with approved and publicized detailed planning.
2. The recovery of land funds and compensation for people whose land is recovered comply with the land law. When land funds are recovered, land users are entitled to compensation for their property lawfully created before approved detailed planning is publicized.
3. People’s Committees at all levels shall create favorable conditions for investors to properly implement investment planning and plans.
4. When implementing projects to develop roads under approved planning, competent state agencies shall concurrently organize recovery of land along both sides of roads according to planning and hold auctions or bidding to select investors under law.
5. The scope of construction investment projects must be determined to ensure suitability with the present status of land use and harmony between their objectives and urban refurbishment, preventing the emergence of land areas failing to meet construction requirements or affecting urban architecture and landscape.
6. In case an investment project uses only part of a lot of land, if the remaining area is too small to meet use needs or affects urban architecture and landscape according to the Government’s regulations, the State shall recover it and pay compensation to its user.
7. After the detailed planning is approved and publicized, pending the recovery by the State, organizations and individuals in the planned area may continue using it and conducting renovation, repair and temporary construction under the construction law.
Section 4. MANAGEMENT OF CONSTRUCTION OF SYSTEMS OF URBAN INFRASTRUCTRE FACILITIES AND UNDERGROUND SPACE ACCORDING TO PLANNING
Article 63. Management of land reserved for the construction of systems of urban technical infrastructure facilities
1. Land reserved for the construction of the system of urban technical infrastructure facilities includes land for the construction of key works, lines or networks of technical infrastructure and land within the scope of protection and safety corridors.
2. Land funds reserved for the construction of the system of technical infrastructure facilities already indicated in urban planning shall be used for proper purposes and may neither be encroached upon nor have their use purpose changed.
3. People’s Committees at all levels shall manage land funds reserved for the construction of the system of urban technical infrastructure facilities.
Article 64. Management of the construction of systems of urban technical infrastructure facilities in old and renovated urban centers
1. People’s Committees at all levels shall make plans to build technical tunnels and trenches for laying underground technical wire lines.
2. When investing in building new streets, renovating and expanding old streets in urban centers, it is necessary to concurrently build technical tunnels and trenches for installing underground wire lines and pipelines.
Article 65. Management of construction of urban technical infrastructure systems in new urban centers and urban quarters
1. The construction of roads under planning shall be carried out at the same time with building technical tunnels and trenches.
2. Wire line works and technical pipelines shall be arranged and installed in technical tunnels and trenches.
3. Investment in the construction of the system of technical infrastructure facilities must ensure synchronism under planning and the schedule of implementing urban development projects.
Article 66. Management of underground space
1. The exploitation and use of underground space for the construction of underground works must comply with approved urban planning.
2. The management of the construction of works on the ground must not affect underground space already determined in approved urban planning.
Article 67. Management of construction of underground works
1. The construction of underground works must comply with underground space planning determined in approved urban planning; standards on underground works promulgated by the Ministry of Construction, planning licenses and construction permits.
2. The construction of underground works-must not affect works on the ground and underground works and space already existing or determined in urban planning.
3. The construction of transport routes and the system of public underground works must ensure safety and suitability with the exploitation and use of underground space and the ground; ensure convenient connection with traffic works underground and on the ground.
4. The construction of technical tunnels and trenches must not affect the use of space on the ground and must ensure safe exploitation, operation, repair and maintenance.
5. The Government shall specify the management of underground space.
Article 68. Management of trees, parks, natural landscape and water surface
1. Parks, flower gardens and trees in urban centers which are of cultural, historical, natural landscape and urban landscape value and have been included in management lists or indicated in urban planning must be assigned to organizations or individuals for management.
2. The building of parks and flower gardens and planting of trees under urban planning must meet requirements on utility, beauty, safety and urban environment; and must not damage infrastructure facilities on the ground, overhead and underground.
3. Lakes and natural water surface must not be encroached upon or other terrain characteristics must not be altered to prevent bad impacts on urban natural conditions and landscape.
4. Organizations and individuals shall protect parks, flower gardens, trees, water surface and other natural areas in urban centers. The felling, destruction and relocation of trees on management lists and the leveling and change of terrains in natural areas are subject to permission of competent management agencies.
Section 5. MANAGEMENT OF CONSTRUCTION ACCORDING TO URBAN PLANNING
Article 69. Principles of management of construction according to urban planning
1. Organizations and individuals investing in the construction, renovation and repair of architectural works, technical and social infrastructure works and houses shall comply with approved detailed urban planning and the construction law.
2. Existing construction works which are architecturally inappropriate but comply with urban planning are allowed to exist in their original conditions; in case of renovation, upgrading or repair, architectural requirements must be ensured under law.
3. Existing construction works which are no longer in line with urban planning shall be relocated according to the plan and schedule of realizing urban planning. Pending relocation, if their owners wish to renovate, upgrade and repair them, competent state agencies shalI consider and grant temporary construction permits under the construction law.
Article 70. Introduction of sites
1. Urban planning management agencies shall introduce construction investment sites to investors upon request.
2. Sites recommended for construction investment must be in line with urban planning and suitable to the scope and nature of investment and save urban land, without affecting urban development and environment.
Article 71. Planning licenses
1. Planning license is required in the following cases:
a/ Cases specified in Clause 1. Article 52 of this Law;
b/ Investment projects on the construction of concentrated works in urban areas without zoning and detailed planning:
c/ Investment projects on the construction of individual works in urban areas without detailed planning or urban design, except houses.
2. Planning license serves as a basis for investors to prepare detailed planning tasks and detailed plans for investment projects on the construction of concentrated works or formulate investment projects for the construction of individual works in urban centers: and serves as a basis for competent state agencies to approve detailed planning and construction investment projects.
3. The grant of planning licenses must be based on actual development control and management requirements of urban centers, standards on urban planning and regulations on management of urban planning and architecture.
4. A planning license indicates the scope of the planned urban area, permitted norms on land use. requirements on land use exploitation and use. organization of architectural space, urban social and technical infrastructure on the ground and underground, protection of landscape and environment in the area in which the investor is assigned to invest, and its validity term.
5. The licensing competence is prescribed as follows:
a/ People’s Committees of provinces and centrally run cities shall grant planning licenses to projects in provincial urban centers in the cases stated at Points a and c and projects in urban centers stated at Point b. Clause 1 of this Article:
b/ People’s Committees of rural districts, urban districts, towns and provincial cities shall grant planning licenses to projects not stated at Point a of this Clause.
6. Organizations and individuals shall pay fees for the grant of planning licenses in accordance with the law on charges and fees.
7. The Government shall specify planning licenses.
Article 72. Management of development of new urban centers and urban quarters
1. People’s Committees of provinces and centrally run cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.
People’s Committees of rural districts, urban districts, towns and provincial cities shall manage according to planning the development of new urban centers within the administrative boundaries under their management.
2. The investment in constructing new urban centers and new urban quarters must ensure synchrony in social and technical infrastructure and public services and suit each period of development and implementation plans.
3. The scope of a new urban center must be determined on the principles of meeting actual urban development requirements, investment purposes, investor’s capability of organizing project implementation and social benefits.
4. People’s Committees of cities and towns shall organize the investment in the construction of technical infrastructure facilities outside the fences of new urban quarter projects to ensure convenient connection and transportation between new urban quarters and surrounding areas and other functional zones within urban centers.
5. When implementing projects to construct new urban quarters, residential quarters and housing quarters, People’s Committees at all levels and investors stated in investment decisions of competent authorities shall reserve appropriate land funds for developing social houses in accordance with law.
6. Project investors identified in investment decisions shall manage technical infrastructure systems, space and architecture according to approved urban planning within the boundaries of their projects, except for cases in which such management is transferred to People’s Committees.
Article 73. Management of renovation or urban centers according to planning
When renovating or re-constructing an area within an urban center, it is necessary to save land, give priority to meeting on-spot resettlement needs of locals in the area; improve urban architectural, landscape and environmental conditions; comprehensively build and improve the quality of social and technical infrastructure systems and public services on the basis of balance and harmony with surrounding areas; protect cultural heritage, historical relics and traditional traits of urban centers and areas.
Chapter VI

IMPLEMENTATION PROVISIONS

Article 74. Effect
1. This Law takes effect on January 1, 2010.
2. From the effective date of this Law, the provisions of the Construction Law on planning the construction of urban centers and areas within urban centers are replaced with the provisions of this Law.
Article 75. Transitional provisions
Urban construction planning already approved before the effective date of this Law are not required to be re-elaborated, re-evaluated and re-approved; the organization of realization, development management and adjustment of such planning comply with this Law.
Article 76. Detailing and guidance of implementation
The Government shall detail and guide the implementation of articles and clauses as assigned in the Law; and guide other necessary contents of this Law to meet state management requirements.
This Law was passed on June 17, 2009, by the XII^th National Assembly of the Socialist Republic of Vietnam at its 5th session.
 

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