Thông tư 01/2021/TT-BXD Quy chuẩn kỹ thuật quốc gia về Quy hoạch xây dựng

2. TECHNICAL REGULATIONS

2.1 Requirements for civil land

The minimum and maximum average civil land norms for the entire urban area are prescribed for each type of urban area and are among the norms specified in Table 2.1. For areas planned as downtowns of special urban areas, the average civil land norms for the entire urban area shall be applied with provisions for type-I urban areas. Other urban areas which are special urban areas shall be applied with the norms for urban areas of the same type based on planning orientations.

Table 2.1: Average civil land norms for the entire urban area (corresponding to the average population density of the entire urban area/ civil land area)

2.2 Requirements for residential units

- The maximum population size of a residential unit is 20,000 people, the minimum population size of a residential unit is 4,000 people (for mountainous urban areas, it is 2,800 people);

- Average residential unit land of the entire urban area is defined for each type of urban area in Table 2.2. For areas planned as downtowns of special urban areas, the average residential unit land norms for the entire urban area shall be applied with provisions for type-I urban areas. Other urban areas which are special urban areas shall be applied with the norms for urban areas of the same type based on planning orientations;

Table 2.2: Average residential unit land norms according to types of urban areas

- Land for residential unit level public-service constructions is determined according to table 2.4. Public-service constructions at the residential unit level must ensure the convenient accessibility and use of the residents;

- Land for greenery of public use in the unit should be at least 2 m2/person. Each residential unit must have at least one park, flower garden with a minimum area of 5,000 m2 and ensure that the residents in the residential unit (especially the elderly and children) have convenient access to it as prescribed in the National Technical Regulation QCVN 10:2014/BXD. In housing complex, there must be flower gardens and playgrounds with a service radius not greater than 300 m;

- For projects with a population size equivalent to that of a residential unit, the arrangement of residential unit level public-service constructions and greenery of public use in residential units must comply with the approved planning and regulations for residential units;

- For projects with a population of less than 4,000 people (under 2,800 people in mountainous urban areas), the arrangement of public-service constructions and greenery of public use must comply with the approved planning. In addition, the norm of greenery land in the project area must be at least 1m2/person and early childhood education must be arranged to ensure adequate service for the project area;

- In a residential unit, it is possible to arrange a number of constructions that do not belong to such residential unit. Urban main roads shall not cross the residential units;

- In the planning of mixed-use land plots, the ratio of land for each function must be shown;

- The planning of land lots with mixed-use constructions must show the ratio of floor area for each function. The planning of mixed-use constructions with residential items including accommodation services (if any) must determine the population size to calculate the needs for technical and social infrastructure.

2.3 Requirements for public-service constructions

2.3.1 Classification of public-service constructions

- The system of public-service constructions is divided into 3 levels: regional level, urban level, residential unit level. Depending on the location, size and nature of each urban area, the urban planning must ensure the arrangement of regional, urban, or residential unit level public-service constructions;

- The size of public-service constructions must consider the needs of neighboring areas and the number of non-registered residents.

2.3.2 Regulations on the system of urban-level public-service constructions

The system of urban public-service constructions must comply with the provisions in Table 2.3.

Table 2.3: Minimum sizes of urban-level public-service constructions

2.3.3 Regulations on the system of residential unit level public-service constructions

- Public-service constructions at the residential unit level must ensure the service radius not exceeding 500 m. Particularly for areas with complicated topography and low population density, the service radius of these constructions must not exceed 1,000 m;

- The system of public-service constructions at the residential unit level must comply with Table 2.4.

Table 2.4: Minimum sizes of residential unit level public-service constructions

2.4 Requirements for green spaces

- Land for greenery of public use in urban areas must ensure convenient accessibility for all residents. The planning must include the exploitation and use of natural greenery, riparian vegetation along rivers and lakes, canals, coasts, etc. to expand urban greenery spaces;

- For urban areas with unique and valuable natural landscapes (rivers, streams, seas, hills, and natural vegetation), it is necessary to have solutions for planning on exploitation and conservation of the landscapes.

Table 2.5: Minimum area for greenery land of public use in urban areas (excluding greenery land of public use in residential units)

2.5 Requirements for industrial parks, export processing zones and hi-tech zones

2.5.1 General requirements

- The planning of industrial parks (including industrial clusters), export processing zones and hi-tech zones must meet the requirements on environmental protection and safety, minimizing negative impacts on the neighborhood environment;

- Production establishments and warehouses of types I and II must be planned outside urban construction areas. The levels of hazardous effects and environmental safety distances must comply with regulations of the Ministry of Science and Technology and legal documents on environment.

NOTE:

- In case there are no environmental regulations by Ministry of Science and Technology or other legal documents, it is allowed to use the environmental impact assessment method or refer to the values in Appendix 3 of TCVN 4449 - 1987 to determine the ESD;

- The civil functional areas (if any) planned in association with industrial parks must apply the same regulations as those for civil areas in urban areas. The planning criteria are applied according to Point 2.1, Point 2.2, Point 2.3, Point 2.4 and Point 2.6.

2.5.2 Environmental safety distance (ESD)

- The ESD of pollution sources in industrial parks, warehouses and industrial clusters, such as production workshops, warehouses of materials, finished products, and hazardous wastes and other auxiliaries producing non-civil wastes, must be ensured;

- Green isolation zones must be arranged around industrial parks, warehouses and industrial clusters with a width of 10 m or more;

- Within the ESDs, only traffic roads, parking lots, power supply constructions, fences, gates, security guard stations, wastewater pumping stations, wastewater treatment plants (WWT), WWT stations, solid waste (SW) transfer stations, SW facilities and other industrial buildings and warehouses are allowed to be arranged;

- Civil constructions are not allowed to be arranged within ESDs.

2.5.3 Land use

- Land for construction of industrial parks, export processing zones and hi-tech zones must be planned based on the potentials for industrial and socio-economic development, and relevant development strategies of each locality;

- The ratio of land types in industrial parks, export processing zones and hi-tech zones depends on the type and nature of production facilities, modular area of land lots for construction of production facilities and warehouses, but must comply with the provisions in Table 2.6;

- The maximum net building density of the land lots for of land lots for construction of factories and warehouses is 70%. For land lots planned to build factories with more than 05 floors used for production, the maximum net building density is 60%.

Table 2.6: Minimum land ratio for traffic, greenery, and technical zones in industrial parks, export processing zones and hi-tech zones.

2.6 Requirements for landscape architecture, urban design and building layout of new development areas

2.6.1 Minimum distances between individual buildings, constructions or rows of terraced houses (collectively referred to as buildings) must be specified in detailed planning and urban design projects. The arrangement of the buildings and determination of their height must minimize negative impacts of natural conditions (sunshine, wind, etc.) and create advantages for microclimate conditions in the buildings as well as comply with regulations on fire safety. In addition, the distance between buildings must meet the requirements:

2.6.1.1 For buildings with a height of less than 46 m

- The distance between the long edges of a building must be equal to at least 1/2 of the building's height or more, but not be less than 7 m;

- The distance between the gable of a building and the gable or the long edge of another building must be equal to at least 1/3 of the building's height, but not be less than 4 m;

- In case the rows of terraced houses in the same land lot are planned to be spaced apart, the distance between the back edge of the rows of terraced houses must be ≥ 4 m.

2.6.1.2 For buildings with a height of 46 m or more

- The distance between the long edges of the buildings must be 25 m or more;

- The distance between the gable of a building and the gable or the long edge of another building must be 15 m or more.

2.6.1.3 The distance between buildings of different heights shall be measured in accordance with regulations applicable to buildings with the greater height.

2.6.1.4 For a building with its long edge equal in length to its gable, the side adjacent to the largest road shall be considered the long edge of the row.

2.6.2 Setback of the buildings

- Setback of buildings adjacent to roads (for roads at the regional level or higher) shall be specified in detailed planning and urban design projects, but must satisfy the provisions in Table 2.7;

- For a building complex including a base and a high-rise tower, the regulations on setback shall apply separately to the complex's base and tower in correspondence to the height of each part.

Table 2.7: Regulations on minimum setback (m) of a building by road width (delimited by the red line) and the building’s height

2.6.3 Permissible maximum net building density

- The maximum net building density of the land lot for construction of detached houses is specified in Table 2.8;

- The maximum net building density of the land lot for construction of apartment buildings is determined in the urban planning and design project, but must comply with the provisions in Table 2.9 as well as requirements for the minimum distance between the rows of houses at Point 2.6.1 and the setback of buildings at Point 2.6.2;

- The maximum net building density of the land lot for construction of public-service constructions, such as education, healthcare, culture, sports, and market facilities in the new development areas is 40%;

- The maximum net building density of the land lot for construction of commercial and service buildings, or mixed-use land lot, is determined in the urban planning and design project, but must comply with the provisions of Table 2.10 and the requirements on the minimum distance between the rows of houses at Point 2.6.1 and the setback of buildings at Point 2.6.2;

Table 2.8: Maximum net building density of the land lot for construction of detached houses (villas, terraced houses, stand-alone houses)

Table 2.9: Maximum net building density of the land lot for construction of apartment buildings by the area of the land lot and the height of the buildings

Table 2.10: Maximum net building density of the land lot for construction of commercial and service buildings, and mixed-use high-rise buildings, by the area of the land lot and the height of the buildings

- For land lots not listed in Tables 2.8, Table 2.9, and Table 2.10, interpolation between 2 nearest values is allowed;

- If a building is a complex with different heights, the regulations on maximum building density are allowed to apply to the average height;

- For a building complex including a base and a high-rise tower, the regulations on building density shall apply separately to the complex's base and tower in correspondence to the height of each part, but the land use ratio of the base and tower must not be greater more than 13 times.

2.6.4 Gross building density

- The permissible maximum gross building density of a residential unit is 60%;

- The maximum gross building density of a resort is 25%;

- The maximum gross building density of a park is 5%;

- The maximum gross building density of a theme park is 25%;

- The maximum gross building density of the specialized green spaces (including golf courses), areas for natural environment protection is determined based on their functions and in accordance with relevant legal regulations, but not exceeding 5%.

2.6.5 The ratio of land for greenery in the land lots for construction must comply with the regulations on minimum ratio of land for greenery as shown in Table 2.11.

Table 2.11: Minimum land ratio for greenery in the land lots for construction

2.6.6 Dimensions in the land lots for construction of houses

- In the land lots for construction of houses in new development zones which are adjacent to roads with a red line of 19 m or more, the frontage of the housing building must be 5 m or more;

- In the land lots for construction of houses in new development zones which are adjacent to roads with a red line of less than 19 m, the frontage of the housing building must be 4 m or more;

- The maximum length of a land lot for construction of a row terraced houses, whose 2 sides are adjacent to roads at the main area level or lower, is 60 m.

2.6.7 Regulations on architectural details of buildings adjacent to roads

- The architectural details of the buildings are determined in the detailed planning project, urban design and architectural management regulations of each area;

- In case the construction boundary coincides with the red line, the above regulations must ensure the following principles: not obstructing traffic activities in the roadway; ensuring safety and convenience for walking activities on the sidewalk; not affecting the system of green trees, aboveground and underground technical Infrastructure constructions on the street; ensuring uniformity of landscape on the street or each street section; ensuring the compliance with the regulations on fire safety and the operation of fire-fighting vehicles;

- In case the construction boundary reverses from the red line, the following principles must be ensured: no architectural part or detail of the buildings shall cross the red line; ensuring uniformity of landscape on the street or each street section; ensuring the compliance with the regulations on fire safety and operation of fire-fighting vehicles.

2.6.8 Relationship with neighboring buildings

- Architectural details of the buildings in the section adjacent to the neighboring buildings are determined by the detailed planning project, urban design and architectural management regulations of each area;

- The regulations must ensure the following principles: Ensuring compliance with regulations on fire safety; Ensuring that all activities in this project do not adversely affect activities (living, working, resting, etc.) of residents in the neighboring buildings.

2.6.9 Entrance gates and fences of public-service constructions

- Safety and smooth traffic on the roads at the constructions’ entrance and exit area must be ensured;

- The gates and the fences adjacent to the two sides of the gates must recede far from the boundary of the land lot to form a gathering zone with a minimum depth of 4 m and a width at least 4 times greater than the width of the gates.

2.6.10 Information boards and advertising panels must comply with the National Technical Regulation QCVN 17:2018/BXD.

2.6.11 Situated petrol stations

- Land fund must be planned and allocated to situate petrol stations based on the needs of the urban areas. The minimum land area of newly-planned situated petrol stations is specified in Article 5, National Technical Regulation QCVN 01:2020/BCT;

- The location of a newly-planned situated petrol station must comply with the regulations on fire safety in the National Technical Regulation QCVN 01:2020/BCT; The distance between two newly-planned situated petrol stations is at least 300 m; The distance between a newly-planned situated petrol station to places where people frequently gather (markets, shopping malls, educational institutions, medical institutions, cultural and sports institutions, offices) is at least 50 m;

- The location of newly-planned situated petrol stations must ensure convenient and safe access to the traffic system. Exits and entrances to a newly-planned situated petrol station must be at least 50 m away from vision-obstructed points and located outside the safety corridor of bridges, sewers and road tunnels. An exit of a situated petrol station leading to a road at the area level or higher must be at least 50 m away from the red line of another road at the area level or higher that intersect with that road with the exit of the petrol station. Situated petrol stations must arrange parking stops for refueling not to affect the traffic inside and outside the stations;

- Existing newly-planned situated petrol stations must be consistent with the urban planning, not affect traffic safety, and have the fire safety plan approved in accordance with the regulations;

- Additionally, other construction of the petrol stations must comply with the National Technical Regulation QCVN 07-6:2016/BXD and the National Technical Regulation QCVN 01:2020/BCT.

2.6.12 Gas supply constructions

- Land fund must be planned and allocated to gas supply constructions and gas pipelines based on the needs of the urban areas;

- Pipelines with a maximum working pressure of more than 7 bars must not be planned to cross downtowns of urban areas;

- The planning of gas distribution pipelines must take into account the use of common utility tunnels and trenches;

- Additionally, other construction of the gas supply constructions must comply with the National Technical Regulation QCVN 07-6:2016/BXD.

2.6.13 Fire-fighting constructions

- It is required to arrange a network of fire police stations with a maximum service radius of 3 km for the urban areas and 5 km for other areas. For existing urban areas that do not ensure the service radius of fire police teams, there must be solutions for allocating additional land fund or arranging additional fire police stations in the new urban area projects;

- The location of fire police stations must ensure safe and fast entry and exit of fire engines and other fire fighting vehicles;

- Traffic roads in service of fire-fighting must comply with the requirements in the National Technical Regulation QCVN 06:2021/BXD.

2.7 Requirements for the space and land use of existing areas in urban areas

2.7.1 General provisions

- Existing areas in the urban area must be identified in the general planning and subdivision planning projects. The planning of existing areas in the urban area must ensure synchronous connection of technical and social infrastructure systems with neighboring areas; not adversely affect the quality of the existing infrastructure systems;

- The land fund for social and technical infrastructure constructions and green spaces must be planned in a direction to be nearly equal to the norms of new urban development areas;

- For downtowns with the quality of technical infrastructure constructions not meeting the provisions of this regulation, urban reconstruction projects must assess the impact on technical infrastructure of the area;

- The parameters of the area and building density of the land lots, the height and distance between the buildings, the land use ratio and land use conversion must be determined in the detailed planning and urban design projects;

- In planning of newly-opened roads or improved and expanded roads, the design of constructions adjacent to the roads must be planned to be synchronous with neighboring buildings, ensuring the general aesthetic on the entire route; the detailed planning and urban design must take into account the current shape of the land lots that do not meet the requirements for landscape and construction safety, then adjust or merge the land lots;

- Buildings located in land lots not adjacent to roads (newly-opened, improved and expanded roads, existing roads) must be planned to ensure that all buildings must be ventilated, illuminated, traffic convenient, as well as ensure the safe distance for fire-fighting and accessibility of fire-fighting vehicles;

- Industrial production zones, clusters and establishments causing pollution must be relocated. After the relocation of the land fund, the priority must be considered given to the arrangement of additional social infrastructure constructions, green spaces, and the deficient technical infrastructure constructions in the area;

- The renovation and embellishment of industrial production zones, clusters and establishments must comply with regulations on technical infrastructure constructions, ensuring the requirements for environment, fire and explosion safety and urban landscape.

2.7.2 Regulations for subjects of application

- The valuable historical/cultural/ architectural sites to be preserved are specified separately in the architectural management regulations or in the management regulations of the construction planning projects based on the specifics of each urban area and must meet the requirements on fire prevention and fighting and environmental safety;

- Planning areas along both sides of a newly-opened or renovated road (roads at the area level or higher); Urban redevelopment projects with a scale of between 3 ha or more in existing areas in the urban area must apply the provisions of Point 2.6;

- For areas defined in the higher-level planning projects as areas that are only allowed to be renovated and embellished to improve the landscape and architecture, improve the environmental quality, but not allowed to increase the population size or change the land use function, the determination of planning and architectural norms must be based on the approved detailed planning and urban design projects under the specifics of each urban area and must meet the requirements on fire prevention and fighting and environmental safety or apply the provisions from Point 2.7.3 to Point 2.7.7 below;

- For existing areas in the urban area identified in the higher-level planning projects do not belong to the above groups of subjects, the provisions in between Points 2.7.3 and 2.7.7 below are applicable.

2.7.3 Regulations on land use

- The land use planning must give priority to allocating land fund for public-service constructions, greenery parks, and urban technical infrastructure constructions being gradually equal to the norms of new urban areas;

- In case of insufficient land fund for public-service constructions, it is allowed to reduce the land use norms in Table 2.3 and Table 2.4 but not exceeding 50%. Particularly for education and training facilities, it must satisfy the national standards of the Ministry of Education and Training;

- It is allowed to combine preschools on the first and second floors of apartment buildings, but must ensure the area for playgrounds, separate paths for students, as well as follow environmental, sanitation, and fire safety regulations prescribed in the laws and specialized regulations of the Ministry of Education and Training and the Ministry of Health;

- In case, due to the current conditions of the planning area, it is not possible to add the area of greenery for public use to meet the regulations, the detailed planning project and urban design must propose supplementation of green spaces and open spaces to the land lots and ensure that all people can access to them.

2.7.4 Regulations on the service radius of public-service constructions

In case, due to current conditions of the planning area, there is not enough land fund to allocate for public-service constructions as specified in Table 2.3 and Table 2.4, it is allowed to reallocate land from neighboring public-service constructions with the new radius no more than 2 times greater specified at Point 2.3.3.

2.7.5 Regulations on setback of buildings on the road route

In case, due to the current conditions of the planning area, it is not possible to meet the requirements specified in Table 2.7, the setback shall be determined in the planning project or urban design, but it must ensure the consistency with the spatial organization of a street or a street section.

2.7.6 Regulations on minimum distance between rows of houses and buildings

In case, due to the current conditions of the planning area, it is not possible to meet the requirements on minimum distance as prescribed, the minimum distance between buildings shall be determined in the detailed planning project or urban design, but it must satisfy the regulations on fire safety: The roads as access for fire engines to the buildings must be 4 m or more in width; All construction items must be naturally ventilated and lighted.

2.7.7 Regulations on net building density

- The net building density shall comply with the provisions of Point 2.6.3. Particularly, land lots for construction of detached houses with a height of at most 25 m and an area of at most 100 m2 are allowed with a maximum building density of 100%, but they must comply with regulations on setback and distance between buildings as at Point 2.7.5 and Point 2.7.6;

- In case, due to the current conditions of the planning area, there is no land fund to ensure the land use norms of public-service constructions, the maximum net building density of the public-service constructions to be increased, but not exceeding 60%;

- Due to the needs for population load control and infrastructure, some areas shall be allowed to use the norms of land use ratio instead of the norms of building density and floor number. The maximum land use ratio shall be determined in the urban planning or design projects, but it must comply with the provisions in Table 2.12 below.

Table 2.12: Maximum land use ratio of land lots for construction of apartment buildings, utility facilities and mixed-use high-rise buildings by the area of the land lot and the height of the buildings