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Allow construction of public works in areas outside the Red River and Duong River banks.

Báo Kinh tế và Đô thịBáo Kinh tế và Đô thị28/06/2024


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.

Concentrate resources on implementing the zoning plan of the Red River and Duong River

Article 17 of the Law on Capital Construction and Development Planning clearly states: the construction and development of the Capital must be carried out in accordance 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 sustainably developed Capital, protecting the environment and water resources with the Red River as the green axis, the central landscape, and harmonious urban development on both sides of the river of Hanoi ; ensuring national defense and security, connecting the technical infrastructure and social infrastructure of the Capital with localities that have activities of linking and developing regions with the Capital and the whole country.

National Assembly deputies vote to pass the Law on the Capital (amended)
National Assembly deputies vote to pass the Law on the Capital (amended)

Article 17 also stipulates the concentration of resources and prioritization of the implementation of the Red River and Duong River zoning plan in accordance with the Capital Planning and the Capital Master Plan approved by the Prime Minister . It is allowed to build new dykes 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 construction works in the flood escape corridor area must ensure that they do not obstruct the flow, do not raise the river bank, and are only for public spaces, works serving public purposes, and works permitted to be built outside the river bank 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 partially 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 partially adjusting the planning in this clause.

For areas with approved master plans, zoning plans, and district construction plans according to the provisions of the law on planning, the law on construction, and the law on urban planning, it is not necessary to establish district-level land use plans, but based on the master plans, zoning plans, district-level construction plans, and land use targets allocated from the land use plan of Hanoi City and local land use targets, annual district-level land use plans are established.

The Law on the Capital (amended) was passed with 95.06% of the total number of delegates in favor.
The Law on the Capital (amended) was passed with 95.06% of the total number of delegates in favor.

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 training facilities.

Universities and vocational training institutions that do not have a head office or training location 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, universities, vocational training facilities and headquarters of agencies and units in the central urban area that are not in accordance with the Capital City Master Plan 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.

Chairman of the National Assembly's Law Committee Hoang Thanh Tung presents a 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 presented a report on the examination, explanation and acceptance of the draft Law on the Capital (amended).

When implementing the road and urban railway development project 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 is applied as 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 investing in the 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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