The amended Law on the Capital City consists of 7 chapters and 54 articles (an increase of 3 chapters and 27 articles compared to the 2012 Law on the Capital City). The Law closely follows the 5 guiding viewpoints for drafting the draft and 9 policy groups decided by the National Assembly. The Law takes effect from January 1, 2025; 7 provisions take effect from July 1, 2025.
Concentrating resources to implement the zoning plan of the Red River and Duong River
Article 17 of the Law on Planning and Development of the Capital clearly states: the construction and development of the Capital must comply with the Capital Planning and the Capital Master Plan. The Capital Planning and the Capital Master Plan must ensure the construction of a civilized, modern, and sustainable capital, protect the environment, ensure water security, with the Red River as the green axis, the central landscape, and harmonious urban development on both sides of the river of Hanoi; ensure national defense and security, and connect the technical infrastructure and social infrastructure of the Capital with localities that have activities of linking and developing the region with the Capital and the whole country.
Article 17 also stipulates the concentration of resources and priority given to the implementation of the zoning plan for the Red River and Duong River in accordance with the Capital Planning and the Capital Master Plan approved by the Prime Minister. It is allowed to build new dikes along the flood escape corridor to effectively exploit the construction land fund. In the flood escape corridor area, some existing residential areas are allowed to exist and new construction is allowed at an appropriate rate according to the approved flood prevention and control plan.
New constructions in the flood escape corridor area must ensure that they do not obstruct the flow, do not raise the riverbank, and are only for public spaces, works serving public purposes, and works permitted to be built outside the riverbank according to the law on dykes.
Based on the general urban planning project, the general planning for functional area construction, and the specialized planning for technical infrastructure of Hanoi City approved by the Prime Minister, the People's Committee of Hanoi City decides to locally adjust the general urban planning, the general planning for functional area construction, and the specialized planning for technical infrastructure of the City and reports to the Prime Minister on the implementation results; the People's Council of Hanoi City shall specify in detail the order and procedures for locally adjusting the planning in this clause.
For areas with approved general planning or zoning planning, district-level construction planning according to the provisions of the law on planning, the law on construction, the law on urban planning, it is not necessary to establish district-level land use planning but based on the general planning or zoning planning, district-level construction planning and land use targets allocated from the land use planning of Hanoi City and local land use targets to establish annual district-level land use plans.
No new industrial parks or university facilities will be built in the inner city.
Regarding measures to ensure planning implementation, Article 18 of the Capital Law stipulates: in the historical inner city area, do not expand the land use area of existing hospitals; do not expand or build new industrial parks, industrial production facilities outside industrial parks, industrial clusters, universities, and vocational education facilities.
Higher education institutions and vocational education institutions that do not have headquarters or training locations in the historic inner city area before this Law comes into effect are not allowed to set up training locations in the historic inner city area.
Industrial production facilities, medical facilities, higher education facilities, vocational education facilities and headquarters of agencies and units in the central urban area that are not in accordance with the General Planning of the Capital must be relocated.
At the same time, when investing in the construction of new roads, urban railways or expanding existing roads according to the planning in Hanoi, the planning agency must determine the location, boundaries, and area of land to be recovered in the vicinity to carry out urban renovation, beautification, on-site resettlement, housing development, trade, and services.
The Hanoi People's Committee is responsible for reporting to the City People's Council for consideration and decision on the location, boundaries, and area of land to be recovered in the vicinity for urban renovation, beautification, on-site resettlement, housing development, trade, and services before the detailed planning is approved.
When implementing the project of developing urban roads and railways according to the approved planning, the competent authority of the city shall simultaneously organize the recovery of adjacent land for use according to the planning. The land recovery in this case shall be applied as in the case of land recovery in the same project.
The Hanoi People's Committee approves investment projects to build works on river banks and floating beaches on diked rivers in the city according to the Capital Planning, the Capital Master Planning and other relevant plans. The City People's Council stipulates in detail the order and procedures for investment in construction of works on river banks and floating beaches.
Previously, presenting the report on the examination, explanation and acceptance of the draft Law on the Capital (amended), Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that, based on the opinions of National Assembly deputies and the Government, the National Assembly Standing Committee has accepted and revised the regulations on land management and use at river banks and floating banks on diked rivers, ensuring compliance with planning and requirements on flood prevention and control (in Articles 17, 18, 21 and 32).
Source: https://kinhtedothi.vn/cho-phep-xay-dung-cong-trinh-cong-cong-o-khu-vuc-ngoai-bai-song-hong-duong.html
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