도시계획_및_건설관련_일반절차(영문)

1.           Fundamentals of construction and architect

All construction activities must be in compliance with basic principles on construction and design of contracting works under Law on Construction, including:

-                      To guarantee constructional works built according to master plan and design; To be suitable to landscape and approved regulations on architecture;

-                      To comply with building code and construction standards;

-                      To guarantee the quality, time schedule and safety of the works, assets and people;

-                      To guarantee synchronous building in each constructional works, being synchronous with infrastructure works;

Activities of construction and architecture must be in compliance with the Law on Construction and Building Code of Vietnam approved by the Ministry of Construction (According to Circular No. 12/BXD-KHCN dated 24 April 1995 and 78/BXD – KHCN dated 17 July 1995 has accepted and allowed application of existing construction standards of the International Standards Organisation (ISO) and of Great Britain, Germany, USA, Japan, France and Australia), except for following fields:

a)     Data: Climatic data, hydro-geological data for construction;

b)     Precautions against explosions, fire, wind, cyclones, lightning;

c)      Environmental hygiene;

d)     Safety of construction projects regarding local climatic impact;

e)     Labour safety.

2.           Urban Construction Planning

2.1 Contents of Urban Construction Master Plan:

Under the Law on Construction, urban master plans must ensure the following contents:

-                      An urban construction master plan must ensure the determination of the total urban land according to the population size in each planning period; urban functional zones; population density, land use coefficient and other economic-technical norms of each functional zones and the urban area; the general arrangement of urban technical infrastructures, the determination of construction demarcation and red-line demarcation boundaries of urban main traffic routes as well as controlled construction landmarks of each zone and the entire urban area;

-                      Urban construction master plan must be designed according to the construction rules and standards, make full use of the terrain, greenery, water surface and natural conditions of the planned places and preserve the national cultural identity;

-                      For urban construction and renovation master plans, solutions to maintain the existing works and landscapes compatible with the set tasks must be proposed.

 2.2 Planning for residential areas must be in accordance with following standards:

·        Standards of various land types in residential areas

Table 1: Standard of various land types

Classes of cities	Land standards (m2/capita) for:
	Dwelling houses	Courtyards, road	Public buildings	Parks and Gardens	Total
I – II	19-21	2-2.5	1.5-2	3-4	25-28
III-IV	28-35	2.5-3	1.5-2	3-4	35-45
V	37-47	3	1.5	3-4	45-55

In some cases of new cities or new urban areas, higher land use standards as mentioned above may be allowed.

(Classification of cities: Class I - II urban areas are cities under direct control of the central authority or provinces, Class III – IV urban areas are towns under direct control of provinces, Class V urban areas are towns under direct control of districts).

·        The maximum net construction density of the land plot:

Table 2: Maximum construction density

Area of land plot (m2)	Under 50	50-100	100-200	200-300	300-400	400-500
Maximum construction density (%)	100	90	80	70	60	50

·        The maximum net construction density (excluding public land area) and maximum land use coefficient of housing in a group or street grid

From Regulation on the separation distance between housing rows, calculating maximum net construction density (excluding public land area) and maximum land use coefficient of housing group or street grid as follows:

Table 3: Maximum net construction density and land use coefficient

Average number of stories	Maximum net construction density (%)	Maximum land use coefficient
1	70	0.70
2	60	1.20
3	53	1.59
4	47	1.88
5	40	2.00
6	39	2.34
7	36	2.52
8	33	2.54
9	21	2.70
10	28	2.80
11	26	2.86
12	24	2.88
13	22	2.90
14	21	2.94
15 and upwards	20	3.0-5.0

·        Building height

The building height must be restricted according to local construction management regulations and pursuant to the following factors:

-                      The width of the boundary road;

-                      The height of neighboring buildings;

-                      The width of the building itself;

-                      The operating height of fire fighting equipment of the urban fire fighting forces.

It is noteworthy that, in practice, competent authorities may approve a project with some criteria that are not complied with the Building Code.

·        Maximum construction density and minimum tree density of building

Kind of building	Density (%)
	Construction (maximum)	Tree (Minimum)
Villa	30	40
Condominium	50	20

 

2.3 Procedures for construction in Vietnam

2.3.1             Eval‎uation of the plan and architecture of construction works

Foreign Investment Projects on construction of houses/apartments must be eval‎uated in terms of their plan and architectural scheme on the work architecture in the course of eval‎uating investment projects (for granting investment licenses).

The contents of eval‎uating the construction plan cover the consideration of the compatibility of the preliminary design in the project dossiers with the plan certificate (for investment areas with detailed planning being already approved) or the written agreement on architecture and plan of the construction (for investment areas with detailed planning being not yet approved). The construction plan must comply with the building code of Vietnam or foreign/international construction standards if permitted by the Ministry of Construction.

The contents of eval‎uating the scheme on work architecture cover the consideration of the compatibility of the preliminary design of the work in terms of the option for the total ground arrangement, spatial blocs complex, the architectures of the main frontages of the work, exterior decoration, the arrangement of landscapes and environment in areas surrounding the work.

In respect of project on construction of houses/apartments for sale, the plan and scheme of architecture of works shall be eval‎uated by the Ministry of Construction.

2.3.2             Approval on detailed plan

In respect of projects on construction of new urban areas, the investors must apply the Provincial People’s Committee for approval on detailed plan. The detailed plan is to detail planning criteria i.e. the use of land, spatial blocs complex, technical infrastructure planning.

2.3.3             Eval‎uation of technical design of works

The contents of eval‎uating technical design cover the consideration of the compatibility of the technical design with the eval‎uated construction plan and architecture and the consideration of the compatibility of technical design with construction standards and construction criteria of Vietnam. Where foreign standards shall be applied, such must be approved by the Ministry of Construction. The technical design shall be eval‎uated by the Ministry of Construction. If 12 months after the receipt of the decision on design eval‎uation and work construction the project still fails to get off the ground, such written decision shall no longer have effect for implementation. If needing to continue the work construction, the investor shall have to explain the reasons therefore in writing so that the eval‎uating body shall consider and permit the continued implementation or make re-eval‎uation. In the course of construction, the change in architecture, plan, and main structures of the works as compared to the already eval‎uated design shall be made only after it is approved by the design eval‎uating authority.

2.3.4             Construction permit

Before starting the construction of works, the Investors must obtain construction permits. The permits for urban construction works shall be granted if the followings requirements are meet:

-                      Being in line with the approved construction detailed planning;

-                      Observing the regulations on red-line demarcation and construction demarcation boundaries; urban designing; meeting the requirements on safety of adjacent works, ensuring the corridor for protection of traffic works, irrigation works, dikes, energy works, cultural heritage zones, historical – cultural relics and zones for protection of other works according the law provisions.

2.3.5     Site clearance and compensation

The Investors using land shall be liable for payment of compensation to the persons whose land is recovered for the purpose of allocation for their use. Compensation plan must be prepared and approved by competent authorities at various levels (commune to district to province).

2.3.6             Construction

The Investors may freely to implement the construction by inviting any contractors (including foreign contractors) or self-implementing if the project does not have the participation or have the participation of State owned enterprise(s) with less than 30% of the legal capital of a joint venture company or business capital of a business co-operation contract.

If the project in which State owned enterprises with at least 30% of the legal capital or business capital must conduct tender for design, construction or installation in accordance with the regulations on tender of Vietnam. In such a case, if the investor of the project wishes to self-construct its apartments, it is required to have the function of construction and sufficient capacity of construction.