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Legal Document
Title: Law on Urban Planning (Revised) No. 40/NA, dated 16 November 2017
Type: Law
Responsible Agency: Ministry of Public Works and Transport
Issuing Date: 2020-03-11
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Unofficial translation

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

 

 

President                                                                                                     No.: 327/P

                                                  Vientiane Capital, dated 26 December 2017

 

 

Decree

of

THE PRESIDENT

of

THE LAO PEOPLE’S DEMOCRATIC REPUBLIC

on

the Promulgation of the Law on Urban Planning (Revised)

 

 

  • Pursuant to Item 1, Article 67, Chapter VI of the Constitution of the Lao People’s Democratic Republic (Revised 2015);
  • Pursuant to Resolution of the National Assembly No. 072/NA, dated 16 November 2017 on the Adoption of the Law on Urban Planning (Revised);
  • Pursuant to Request Letter of the National Assembly Standing Committee No. 036/SC, dated 13 December 2017.

 

 

The President of

the Lao People’s Democratic Republic hereby issues the Presidential Decree:

 

 

Article 1         The Law on Urban Planning (Revised) is hereby promulgated.

 

Article 2         This Presidential Decree is effective from the date of signature.

 

President of the Lao PDR

 

                        [Signature and seal]

Bounnhang Vorachith

 


 

Unofficial translation

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

 

 

National Assembly                                                                                          No.: 072/NA

Vientiane Capital, dated 11 November 2017

 

RESOLUTION

of

THE NATIONAL ASSEMBLY

on

the Adoption the Law on Urban Planning (Revised)

 

-------------------------------

 

Pursuant to Item 1, Article 53 of the Constitution of the Lao People’s Democratic Republic and Item 1, Article 11 of the Law on the National Assembly (Revised 2015);

After the 4th Ordinary National Assembly’s Session of the VIII Legislature have considerably and thoroughly considered the contents of the Law on Urban Planning (Revised) in the session on 16 November 2017.

 

The Session hereby decides:

 

Article 1         To adopt the Law on Urban Planning (Revised) by a majority vote.

 

Article 2         This Resolution is effective from date of signature.

 

 

 

President of the National Assembly

 

 

[Signature and seal]

 

Pany YATHOTOU

 

 

 

 


Unofficial translation

Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

-------------------------------

 

 

National Assembly                                                                                            No.: 40/NA

                                                            Vientiane Capital, dated 16 November 2017

 

Law on Urban Planning (Revised)

 

Part I

General Provisions

 

Article 1         (Revised) Objectives

This Law determines principles, regulations, and measures regarding the management, monitoring, inspection of urban planning to be righteous, systematic and effective aiming to ensure urban planning and development to be balanced, convenient, peaceful, safe-hygienic, beautiful-orderly, civilized, as well as to protect architecture, archeological sites, cultural heritage, history and nature including the ecosystem,  natural and social environment, integrating systemically [and] responding to the demand of urban and rural development related to increase standard of living and social activities contributing to the national socio-economic development.

 

Article 2.        (Revised) Urban Planning

Urban planning is the process of exploring, designing and planning for urban in accordance with administrative, technical, scientific, socio-economic, cultural and environmental protection standards including urban development management and construction to be compliant with approved urban plant.  

 

Article 3         (New) Definitions

            The meanings of the terms used in this Law are as follows:

  1. Towns refers to area with high population density with majority working in industrial, trade and services area and has technical and socio-economic infrastructure;
  2. Town profile refers to general view of ways of living of people who live in town; building description; natural environment and society;
  3. Town Architecture refers to artistic design of buildings that illustrates characteristics, parts, objectives and usage targets that is part of geography and natural and social environment of a town;
  4. Town Geographical Map refers to details of land surface, height levels, house locations, rivers, telecom network, natural resources, historical places and buildings in a town by symbolic system according to ratio and GPS system on flat surface;
  5. Map refers to representation on earth surface and things on land surface of symbolic system, calculation by ratio and GPS that are used as tools in urban planning;
  6. Views refers to figure that shows an angle of a town;
  7. Repair refers to a process of repair, maintenance of form, pattern and original details of buildings, constructions to be compliant with certain time by adding and modify the original parts that are missing to be completed;
  8. Restoration refers to the rebuild things or historical constructions, cultural constructions, natural view to be as the original form and uniqueness;
  9. Protected area refers to area situated between specific and general area to ensure there is no entrance in specific, natural, agricultural, forestry, river area that are allocated the rights of land use of town such as industrial area and residential area, historical protected area and urban development area;
  10. Construction line refers to a pre-determined line for the location of the front of a building ground floor on land surface that is parallel to the length of reserved area for a road as stipulated in the detailed urban plant of a town;
  11. Height of building refers to the distance between a building ground floor on land surface and the ceiling of the highest building floor;
  12. Ratio of construction land use refers to the results from dividing construction area of the ground floor on surface and the total construction area that is used as an indicator to ensure no overcrowded constructions, with community convenience and safety;
  13. Ratio of land use refers to the results from dividing total construction area and the total land area that is used as an indicator to control appropriate building density in town;
  14. Irrigation refers to science that study about properties of water mechanical, physiology and chemistry;
  15. Project owner refers to urban planning management authority that receives budget from government investment or legal entities that are authorized in exploring-designing urban plant;
  16. Factory-industry level one, two and three refers to types and level of processing factory-industry and textiles as stipulated in the Law on Processing Industry.

 

Article 4.        (New) Government Policy on Urban Planning

The Government promotes and develops urban planning by providing necessary budget, vehicles, equipment, knowledge enhancement, capacity building for urban planning officials.

The Government promotes all domestic and foreign economic sectors to invest in creating urban plants, new town allocation, protection and use of constructions that have national, local and tribal uniqueness, restoration buildings and old towns, which are meaningful for history, architecture, art, culture, religion and beautiful view of towns including investment in technical and social infrastructure for the implementation of central plant and detail plant of towns. 

The Government encourages and promotes all economic sectors

 

 

Article 5.        Principles of Urban Planning

Urban Planning is based on the following principles:

  1. To ensure city is central on politics, management, economics, culture-society and services in compliance with the National Socio-Economic Development Plan, sectors and locals;
  2. To ensure habitation of communities and new cities is compliant with urban planning;
  3. To ensure city development to be compliant with strategy for city development, urban planning, regulations on urban planning and other regulations;
  4. To ensure the protection of environment, culture, history, architectural uniqueness, art and view of cities to be beautiful and sustainable;
  5. To ensure the use of land and natural resources to be compliant with the National Master Plan on Land Allocation and benefits for the living of people;
  6. To ensure the infrastructure development in cities to be systematic, safe, comprehend and connected according to circumstance of each city;
  7. To ensure urban planning to be correct, fair, transparent and can be inspected.

Article 6.        (Revised) Obligations on the Implementation of Urban Plans

Urban planning must suit the level of socio-economic growth of each area, ensuring peace, safety, order, hygienic, convenience, cleanliness, beauty and cultural beliefs of the ethnic minorities, the nation and the environment. Town urban planning must comply with the provincial urban planning. To ensure the protection of environment, culture, history, architectural uniqueness, art and view of cities to be beautiful and sustainable.

 

 Article 7.       (New) Scope of Application of this Law

This Law applies to individuals, legal enterprises, legal entities and other organizations involved in urban planning in Lao PDR.

 

Article 8.        (New) International Cooperation

            The government promotes relation and cooperation with other countries, the region, and international on urban planning activities through exchange of lessons learned, building and upgrading knowledge, capability of lawyers, assistance and other issues, implementation of international agreements and conventions related to lawyers activities to which the Lao PDR is a Party.

 

Part II

Urban Level and Urban Planning

Chapter 1

Urban Level

Article 9.        (New) Urban Level

There are 5 levels of urban planning as follows:

  1. Urban of the Capital City;
  2. Urban of Cities;
  3. Urban of municipality;
  4. Urban of Town;
  5. Town Community.

 

Article 10. (New) Urban of the Capital City

Urban of the Capital is area covers part of or the entire capital city based on border of overall plan adopted in each period.

 

Article 11. (New) Urban of Cities

Urban of the Cities is area covers part of or entire city based on border of overall plan adopted in each period.

 

Article 12. (New) Urban of Municipality

Urban of the municipality is area covers part of or entire municipality based on border of overall plan adopted in each period.

 

Article 13. (New) Urban of Town

Urban of Town is area covers part of or entire town based on border of overall plan adopted in each period.

 

Article 14. (New) Town Community

Town Community is central area of big villages or village groups that is close to central of trade, culture-society.

 

Chapter 2

Urban Planning

 

 Article 15. (Revised) Urban Planning

Urban Planning is a plan that determine area for construction, development and urban expansion by allocation of infrastructure on technical and society, habitation area, offices-organizations, agricultural area, trade area and services, cultural area, sports, parks, national-public security area, protected area, green area, prohibited area and other area effectively.

 

Article 16. (New) Types of Urban Planning

Urban Planning consists of the following:

  1. General Plan;
  2. Detailed Plan.

Urban Plan created for urban of the capital city, cities, municipality, towns and communities.

 

Article 17. (New) General Plan

General plan is policy plan, strategy, direction for development and town protection by allocation of land usage by types, set infrastructure on technical and society including determine measures for implementation.

 

Article 18. (New) Documents used in Creation of General Plan

Documents used in the creation of general plan consist of the following:

  1. Strategy on National Socio-Economic Development, National-Public Security and relevant Land Allocation Plan;
  2. Strategy on town development, sectors and local development plan;
  3. Stipulation and urban technical standard, technical standard of other relevant sectors;
  4. Map and geographical plan.

 Article 19. (New) Documents of General Plan

Documents of general plan consist of the following:

  1. Reports;
  2. Regulations on urban land use;
  3. Map and technical map;
  4. Simulation figure and/or urban 3D picture.

 

Article 20. (New) Reports

Reports consist of the following:

  1. Overview: objectives and expected outcomes, scope of general planning and implementation plan;
  2. Proposal of current circumstance, analysis and assessment on performance, socio-economics;
  3. Legislation on the implementation of urban planning, land use management and town view;
  4. Urban development strategy;
  5. Impacts on environment-society and risks for disasters;
  6. Summary and measures on urban planning implementation.

 

Article 21. (New) Regulations on urban land use

            Regulations on urban land use consists of main content as following:

  1. Scope of application of regulations;
  2. Land use allocation;
  3. Regulations on land use of each area;
  4. Area for technical and social infrastructure system development;
  5. Pattern on urban architectural. 

 

Article 22. (New) Mapping Area and Technical Plan

            Mapping area and technical plan of general plan that use ratio of 1/5000 to 1/20,000 as following:

  1. Mapping area and technical plan of town in present circumstance:
  • Geographical map, irrigation, flood, archeology, risky area;
  • Location map and border of general plan;
  • Relationship plan between internal and external area;
  • Plan for urban land use;
  • Village border plan and population density;
  • Technical and social infrastructure system plan.
  1. Mapping area and technical plan of new proposed town:
  • Plan for urban land use;
  • Surface level plan;
  • Technical and social infrastructure system plan;
  • Other necessary plans.

 

Article 23. (New) Mapping Area and Technical Plan

Simulation Figure is model of existing city or newly proposed city or rebuilt city with ratio less than or equal to urban plan.

            Three dimension pictures are pictures that can be seen all together three sides of urban plan which is length, width and height.

Three dimension pictures of a town use as information for illustration clarity of such plan.

 

Chapter 3

Content of General Plan

 

Article 24. (New) Content of General Plan

Towns or municipalities under the central-level or provincial authorities which is divided in four zones being:

  1. Overview: objectives and expected outcomes, scope of general planning and implementation plan;
  2. Proposal of current circumstance, analysis and assessment on performance, socio-economics;
  3. Legislation on the implementation of urban planning, land use management and town view;
  4. Urban development strategy;

 

Article 25. (New) Content of General Plan of Cities, Municipalities and towns

Towns or municipalities under the central-level or provincial authorities which is divided in four zones being:

  1. Overview: objectives and expected outcomes, scope of general planning and implementation plan;
  2. Proposal of current circumstance, analysis and assessment on performance, socio-economics;
  3. Legislation on the implementation of urban planning, land use management and town view;
  4. Urban development strategy;

 

Article 26. (New) Content of General Plan of Communities

Towns or municipalities under the central-level or provincial authorities which is divided in four zones being:

  1. Overview: objectives and expected outcomes, scope of general planning and implementation plan;
  2. Proposal of current circumstance, analysis and assessment on performance, socio-economics;
  3. Legislation on the implementation of urban planning, land use management and town view;
  4. Urban development strategy;

 

Article 27. (New) Evaluation on Impacts on the Environment

Towns or municipalities under the central-level or provincial authorities which is divided in four zones being:

  1. Overview: objectives and expected outcomes, scope of general planning and implementation plan;
  2. Proposal of current circumstance, analysis and assessment on performance, socio-economics;
  3. Legislation on the implementation of urban planning, land use management and town view. Urban development strategy;

 

 

Chapter 4

Land use in General Plan

 

Article 28. (New) Allocation of Land use in General Plan

Allocation of Land use in General Plan Towns or municipalities under the central-level or provincial authorities which is divided in four zones being:

 

  1. Urban of capital city, cities, municipalities and town:
  • central town zones;
  • zones surrounding towns;
  • outskirts zones;
  • town expansion zones;
  • prohibited zones.
  1. Communities
  • central town zones;
  • zones surrounding towns;
  • prohibited zones.

Central town zones, town expansion zones and prohibited zones are to implemented content stipulated in Article 29, 32, and 33 of this law.

 

 

Article 29. (Revised) Central Town

Central town is area with higher population density, habitation and construction more than other area as well as be a central of management, education institutions, hospitals, shopping malls, markets, services area, green area, parks, bus stations, parking lots, technical and social infrastructure.

A town may have one or many central based on uniqueness and actual demand of that town.

Central zones is not allowed to build all levels of industrial manufacture, automobile repair shops and warehouses that have an area more than one hundred square meters. 

 

Article 30.      (Revised) Zones Surrounding Towns

Zones surrounding towns are zones presenting a lesser density in terms of level of construction and population than town center zones, having green zones and public utilities and service systems as well as being places of commerce, services, [and] other business operations, excluding the operation of level one and level two industrial factories.

Zones surrounding towns comprise land for the construction of habitation, places for commerce, services, offices, sports stadiums, public parks, socio-cultural places etc.

 

Article 31.      (Revised) Outskirt Zones

Outskirts zones are zones located around the zones surrounding towns, presenting a lesser density in terms of levels of construction and population than the zones surrounding towns, having agriculture and handicraft activities and level two and level three industrial factories as well as a significant number of empty zones. The outskirts zone comprises land for the construction of habitation, offices, places for handicraft, small and medium industries as well as warehouses covering a large area etc.

 

Article 32. (Revised) Town Expansion Zones

Town expansion zones are zones located next to, and outward from the outskirt zones, allocated to ensure the expansion of towns, population growth and socio- economic activities.

Town expansion zones comprise land for the construction of habitation, educational institutions, airports, commerce, services, handicrafts, level one industrial factories activities, transport as well as land for agriculture, forestry, serving relaxation, tourism etc.

 

Article 33. (New) Prohibited Zones

            Prohibited zones are area that stipulated in general plan and detailed plan for the protection of socio-culture, views, eco-tourist destinations, humid zones, along rivers and lakes, ponds, green zones that are national interests and others.

 

Chapter 5

Infrastructure System Plan and Road Network

Article 34. (New) Infrastructure System Plan

Infrastructure System Plan consists of:

  1. Technical Infrastructure System Plan;
  2. Social Infrastructure System Plan

 

Article 35. (New) Technical Infrastructure System Plan

Technical Infrastructure System Plan are area that stipulated in general plan and detailed plan for the protection of socio-culture, views, eco-tourist destinations, humid zones, along rivers and lakes, ponds, green zones that are national interests and others.

The State has the right to reserve or transfer land to serve the combined interest and perspective development such as: establishment of new communities, construction of roads, industrial zones, agricultural zones, forest reserve zones, tourism zones, national defense and order zones etc.
 

Article 36. (New) Social Infrastructure System Plan

Towns or municipalities under district authorities have similar characteristics to town centre surrounding zones under the central-level authorities or provincial authorities.

Town or municipalities under district authorities comprise land for construction of habitation, offices, commerce, services, handicraft activities, agriculture, small and medium industries etc.

 

Article 37. (New) Road Network

  1. The State must compensate as appropriate for the transfer of already developed land owned by organizations or individuals [to be used] to serve the public interest.
  2. Town expansion zones are allocated to ensure the expansion of towns, population growth and socio-economic activities.

 

Chapter 6

Construction, Approval, Revision and Modification of Plan

Article 38. (Revised) Construction and Approval of Plan

The Ministry of Public Work and Transports is responsible for creation of urban planning of the capital city by collaborating with other relevant sectors and local authorities and proposes to the government in order to propose to the National Assembly for consideration of adoption.

Division of Public Work and Transports of Provinces, Vientiane Capital is responsible for urban planning for cities, municipalities and towns by collaborating with other relevant divisions and local authorities and proposes to the Governor, Vientiane Capital Governor to the People Assembly at provincial level for consideration of adoption.

Office of Public Work and Transports of Districts, municipalities and cities is responsible for urban planning for communities by collaborating with other relevant offices and local authorities and proposes to the provincial authority for consideration of adoption.

 

Article 39. (New) Revision and Modification of Plan

General plan shall be reviewed and assessed the implementation every five years, if necessary can be modified in response to the demand of Socio-Economic development of each town in each period.

Revision and modification are to be implemented based on procedures of the creation and adoption of general plan as stipulated in article 38 of this law.

 

Chapter 7

Detailed Plans

Article 40       (New) Detailed Plans

            Detailed plans are the elaboration of general plan to be detailed to serve the implementation of project in each period to be complied with characteristics of natural location, geography and architecture in each zone of that town.

            Detailed plans are documents that show the rights of land use, specific zones, ratios and rights to use land for construction, height, density of population, characteristics of architecture, building line, protected area, reserved area and prohibited area, technical and social infrastructure to be compliant with general plan as well as assessment of impacts on environment, nature and society.   

 

Article 41       (New) Detailed Plans

            Detailed plans are categorized into five types as following:

  1. Allocation of land specifically in towns;
  2. Reallocation of town sections; and
  3. New area allocation;
  4. Construction and building land allocation plan;
  5. Land shaping plan.

Detailed plans shall response to demand of socio-economic development in each period.

 

Article 42.      (New) Allocation of Land Specifically in the Towns

The allocation of land specifically in the towns is the allocation of specific land located within a limited area of urban plans in order to create and expand public utilities and services systems and other socio-economic activities.

An urban plan may cover one or several plans for specific land allocation as deemed necessary.

 

Article 43.      (New) Reallocation of Town Sections

Reallocation of town sections is the allocation, improvement and restoration of non-standard town sections as provided by regulations on the use of land in an urban planning zone.

 

Article 44.      (New) New Area Allocation

The allocation of parcels of land is the division of parcels of land to ensure that an urban area is peaceful, safe, orderly, attractive, convenient, and in compliance with the urban plan.

 

Article 45.      (New) Allocation of Land for Construction

Urban plans of towns comprises the following zones technical and social infrastructure especially entrance-exit, water supply, water exit, electricity, public lights, telecommunication to be accurate and compliant with general plan, ensuring town to be beautiful, convenient, order, peaceful and safe.

Individuals and legal entities that receive rights to use or use land if wish to construct a building, technical and social infrastructure in their land shall create land allocation plan and have relevant documents to request for approval from Urban Planning Authority.

 

Article 46.      (New) Land Shaping Plan

Town expansion zones comprise land for the construction of habitation, educational institutions, airports, commerce, services, handicraft, activities of level one industrial factories, transportation as well as the land for agriculture, forests for relaxation, tourism.

 

Article 47.      (New) Detailed Plans Documents

            Detailed plans documents consist of the following:

  1. Reports;
  2. Regulations on land use;
  3. Map and technical plan;
  4. Model and/or three dimensions picture.

Reports, Regulations on land use, Map and technical plan, Model and/or three dimensions picture of detailed plans contain content the same as documents of general plan as stipulated in article 20, 21, 22 and 23 of this law, detailed plans are more detailed than general plan with specific characteristics in each zones of town.

 

Article 48.      (New) Creation and Approval of Detailed Plan

Division of Public Work and Transports of Provinces, Vientiane Capital is responsible for urban planning for cities, municipalities and towns by collaborating with other relevant divisions and local authorities and proposes to the Governor, Vientiane Capital Governor to the People Assembly at provincial level for consideration of adoption.

Office of Public Work and Transports of Districts, municipalities and cities is responsible for urban planning for communities by collaborating with other relevant offices and local authorities and proposes to the provincial authority for consideration of adoption. 

 

Part III

Regulations on Urban Planning

Chapter 1

Urban Land

 

 Article 49.     (Revised) Urban Land

Urban land is the designated area of land for urban planning, to develop a city.

The urban land for urban planning area consists of different types of land in zones in urban planning.

 

Article 50.      (Revised) Reservation of Land

The government has the right to reserve or transfer land to the public domain and for future development such as: new community development areas, roads, industrial zones, agriculture zones, conservation forests, tourism areas, military and defence zones, and others.

 

Article 51.      (New) Expropriation of Urban Land

             The government can expropriate land from individuals, legal entities or organizations that have the rights to use when it is necessary for development, but has to compensate and remunerate according to laws.

            The expropriation land for projects on new zones development or projects on real estates of domestic and foreign investors shall provide appropriate compensation, fair on the basis of interests of each party.

 

Article 52.      (New) The Urban Land Use

The urban plan of a city includes different areas, as follows: residential, office, commercial, service, public parks, heritage preservation, socio-cultural, tourist, agricultural, industrial, military and defence.

 

Article 53. (New) The Use Urban Land in Zones with Risks

In cases there is necessity of urban land use for construction of buildings or technical and social infrastructure in zones with risks of natural disasters or behavior of people shall select zones with the least impacts as well as having plan and measures for protection and avoidance of impacts.

 

Chapter 2

Cities Developed Prior to Having Urban Plans, Cities Without Urban Plans and New Projected Cities

Article 54.      (Revised) Cities Developed Prior to Having Urban Plans

The urban planning for any city that was developed prior to having an urban plan shall be based on its actual conditions by considering the existing building sites that have value from the point of view of architecture and culture, which are classified into three types:

  1. Deserve preservation; 

  2. Require renovation; 

  3. Require new construction. 


Article 55.      (New) Cities Without Urban Plans

For a city that has no urban plans, there shall be plans to survey and design an urban plan. All construction and building shall comply with regulations issued by the Ministry of Communication, Transport, Post and Construction.

 

Article 56.      (Revised) New Projected Cities

Creation of general plan for new cities on empty area or not yet being a community apart from to implementation to be compliant with content of Article 18 to 38 of this law, shall implement according to objectives and tergets as following:

  1. To be surrounding cities, create new jobs to reduce burden of big cities on habitation, population, services and protection of environment;
  2. To be new cities, central of management, commercial, service, public parks, heritage preservation, socio-cultural, tourist, agricultural, industrial and so on;
  3. To be clean cities, energy saving, timely and good expenditure within cities, lively cities and environment.

The Ministry of Public Work and Transports is responsible for creation of urban planning of the capital city by collaborating with other relevant sectors and local authorities and proposes to the government in order to propose to the National Assembly for consideration of adoption.

 

Chapter 3

Urban Plan Certification and Construction Approval

 

Article 57.      (New) Urban Plan Certification

            Urban plan certification is a document that supplies information on land use plan that stipulated in general plan approved by the government.

 

Article 58.      (New) Issuance of Urban Plan Certification

            Individuals, legal entities or organizations that want urban plan certification shall propose details on land location to the Urban Planning Authority for consideration.

            The Urban Planning Authority issue urban plan certificate within fifteen days from the date of receiving of request when found that such land is accurate and compliant with land use plan of general plan.

Article 59.      (Revised) Construction Approval

When construction or repair is completed, the concerned urban plan administrative authorities shall conduct a final inspection, and if it is found that the construction and repair conform to the design and to regulations on urban plans, the authorities shall issue a certificate of conformity to the owner.

The Urban Planning Authority issue urban plan certificate within thirty days from the date of receiving of request when found that such land is accurate and compliant with land use plan of general plan.

 

 

Part IV

Exploration-Design of Urban Planning

 

Chapter 1

Exploration-Design Operation of Urban Planning

 

Article 60.      (New) Approval for Exploration-Design Operation of Urban Planning

Individuals, legal entities or organizations that want urban plan certification shall propose details on land location to the Urban Planning Authority for consideration.

 

Article 61.      (New) Criteria for Exploration-Design Operation of Urban Planning Applicants

            Exploration-Design Operation of Urban Planning Applicants shall have the following criteria:

  1. To be an individual who operate exploration-design architecture;
  2. To have adequate amount of architects, engineers and relevant technical staff on urban planning according to regulations, qualifications, knowledge, ability, experience and professional ethics;
  3. To have good financial status ensuring project implementation completion and to be certified by a bank;
  4. To have vehicles, equipment and tools with quality and completely according to regulations.

Article 62.      (New) Exploration-Design of Urban Planning Contracts

            A project owner shall sign contract with exploration-design personnel selected by bidding and submitted for certification according to laws.

 

 Article 63.     (New) Content of Exploration-Design of Urban Planning Contracts

Exploration-Design of Urban Planning Contracts have the following content:

  1. Name of an individual or organization and owner of project;
  2. Targets, list of tasks of Exploration-Design of Urban Planning project;
  3. Value and methodology for payment of Exploration-Design of Urban Planning project;
  4. Time and timetable operating Exploration-Design of Urban Planning project;
  5. Timeframe and technical standard on Exploration-Design of Urban Planning;
  6. Inspection, approval and transfer of Exploration-Design of Urban Planning project;
  7. Measures against violators or breach of contracts;
  8. Modification, termination and end of contracts;
  9. Dispute Settlement;
  10. Languages used in contracts;
  11. Other necessary content.

 

Chapter 2

Rights and Duties of Project Owners and Exploration-Design of Urban Planning Personnel

 

Article 64.      (New) Rights and Duties of Project Owners

Exploration-Design of Urban Planning Projects have the following rights and duties:

  1. To design urban plans at city level for submission to the Ministry of Communication, Transport, Post and Construction for consideration and adoption;

  2. To implement and inspect building construction and repair and to construct in conformity with urban plans; 

  3. To issue permission for construction and repair and certificates of conformity; 

  4. To implement land use regulations for cities with no urban plans, in collaboration with land management offices and local administrations; 

  5. To exercise such other rights and perform such other duties as assigned by the Ministry of Communication, Transport, Post and Construction. 

  6. To provide information, data and necessary technical documents for urban plans; 

  7. To find resources for urban plans and development; 

  8. To exercise such other rights and perform such other duties as assigned by the provincial governor, municipal mayor or special 
zone chief. 

  9. To administer and control the implementation of construction work.

 

Article 65.      (New) Exploration-Design of Urban Planning Personnel

Exploration-Design of Urban Planning Personnel have the following rights and duties:

  1. To design urban plans at city level for submission to the Ministry of Communication, Transport, Post and Construction for consideration and adoption;

  2. To implement and inspect building construction and repair and to construct in conformity with urban plans; 

  3. To issue permission for construction and repair and certificates of conformity; 

  4. To implement land use regulations for cities with no urban plans, in collaboration with land management offices and local administrations; 

  5. To exercise such other rights and perform such other duties as assigned by the Ministry of Communication, Transport, Post and Construction. 

  6. To provide information, data and necessary technical documents for urban plans; 

  7. To find resources for urban plans and development; 

  8. To exercise such other rights and perform such other duties as assigned by the provincial governor, municipal mayor or special 
zone chief. 

  9. To administer and control the implementation of construction work.

 

 

Part V

Prohibitions

 

Article 66       (New) General Prohibitions

            Individuals, legal entities and organizations are prohibited from the following behavior:

  1. To operate business on Exploration-Design of Urban Planning without approval by the relevant line ministries;
  2. To obstruct Exploration-Design of Urban Planning operation without reasons or convenience or cooperation;
  3. To use land not in line with urban planning law;
  4. To build, modify or revise urban planning not according to procedures stipulated in laws;
  5. To dig, landfill and construct in prohibited land stipulated in urban planning;
  6. To modify land surface, construction and natural environment under their management and use that lead to changing of zones of land use as stipulated in urban planning;
  7. To have other behavior that violate laws.

Article 67       (New) Prohibitions for Government Officials, Urban Planning Authorities and other Authorities

            Government Officials, Urban Planning Authorities and other Authorities are prohibited from the following behavior:

  1. To operate business on Exploration-Design of Urban Planning without approval by the relevant line ministries;
  2. To obstruct Exploration-Design of Urban Planning operation without reasons or convenience or cooperation;
  3. To use land not in line with urban planning law;
  4. To build, modify or revise urban planning not according to procedures stipulated in laws;
  5. To dig, landfill and construct in prohibited land stipulated in urban planning;
  6. To modify land surface, construction and natural environment under their management and use that lead to changing of zones of land use as stipulated in urban planning;
  7. To have other behavior that violate laws.

Article 68       (New) Prohibitions for Project Owners

  1. To operate business on Exploration-Design of Urban Planning without approval by the relevant line ministries;
  2. To obstruct Exploration-Design of Urban Planning operation without reasons or convenience or cooperation;
  3. To use land not in line with urban planning law;
  4. To build, modify or revise urban planning not according to procedures stipulated in laws;
  5. To dig, landfill and construct in prohibited land stipulated in urban planning;
  6. To modify land surface, construction and natural environment under their management and use that lead to changing of zones of land use as stipulated in urban planning.

Article 69       (New) Prohibitions for Exploration-Design of Urban Planning Personnel

Exploration-Design of Urban Planning Personnel are prohibited from the following behavior:

  1. To operate business on Exploration-Design of Urban Planning without approval by the relevant line ministries;
  2. To obstruct Exploration-Design of Urban Planning operation without reasons or convenience or cooperation;
  3. To use land not in line with urban planning law;
  4. To build, modify or revise urban planning not according to procedures stipulated in laws;
  5. To dig, landfill and construct in prohibited land stipulated in urban planning;
  6. To modify land surface, construction and natural environment under their management and use that lead to changing of zones of land use as stipulated in urban planning;
  7. To have other behavior that violate laws.

 

Part VI

Dispute Resolution

 

Article 70       (Revised) Forms of Dispute Resolution

Dispute Resolution has one of the following forms:

  1. Mediation or compromise;
  2. Administrative resolution;
  3. Dispute resolution by the Committee on Economic dispute Settlement;
  4. Court Decision;
  5. Resolution that has international characteristics.
  6.  

Article 71       (New) Mediation or Compromise

            In case there is a dispute on urban planning parties can negotiate, mediate or compromise.

 

Article 72       (New) Administrative Resolution

In case there is a dispute on urban planning parties have the rights to propose relevant sectors grant such approval to provide resolution.

 

Article 73       (New) Dispute resolution by the Committee on Economic dispute Settlement

In case there is a dispute on urban planning parties have the rights to propose relevant sectors grant such approval to provide resolution.

 

Article 74       (New) Court Decision

In case there is a dispute on urban planning parties have the rights to sue in a court for consideration for decision according to law.

 

Article 75       (New) Resolution that has International Characteristics

In case there is a dispute on urban planning with international characteristics to be implemented by international conventions and agreements that Lao PDR is a Party.

 

Part VII

Urban Planning Management and Inspection

 

Chapter 1

Urban Planning Management

 

 Article 76.     (Revised) Urban Planning Management Authorities

Government manages urban planning with centrality and unity across country by assigning the Ministry of Public Work and Transports to be directly responsible and in collaboration with other line ministries and relevant local authorities based on the management allocation.

Urban planning management authorities consist of the following:

  1. The Ministry of Public Work and Transports;
  2. The Division of Public Work and Transports in Provinces, Vientiane Capital;
  3. The Office of Public Work and Transport in Districts, Municipalities, Cities;
  4. Village Administrative Authorities.

Article 77.      (Revised) Rights and Duties of the Ministry of Public Work and Transports

The Ministry of Public Work and Transports on urban planning management has the following rights and duties:

  1. To determine strategic plans [and] design urban plans at national, regional and provincial levels for submission to the government; 

  2. To issue regulations, technical standards, principles, rules, [and] instructions concerning urban planning; 

  3. To consider the adoption of urban plans of cities belonging to provinces, municipalities and special zones; 

  4. To monitor and evaluate the implementation of urban plans; 

  5. To exercise such other rights and perform such other duties as 
defined in this law and assigned by the government. 

  6. To determine strategic plans [and] design urban plans at national, regional and provincial levels for submission to the government; 

  7. To issue regulations, technical standards, principles, rules, [and] instructions concerning urban planning; 

  8. To consider the adoption of urban plans of cities belonging to provinces, municipalities and special zones; 

  9. To monitor and evaluate the implementation of urban plans; 

  10. To exercise such other rights and perform such other duties as 
defined in this law and assigned by the government. 

  11. To determine strategic plans [and] design urban plans at national, regional and provincial levels for submission to the government; 

  12. To issue regulations, technical standards, principles, rules, [and] instructions concerning urban planning; 

  13. To consider the adoption of urban plans of cities belonging to provinces, municipalities and special zones; 

  14. To monitor and evaluate the implementation of urban plans; 

  15. To exercise such other rights and perform such other duties as 
defined in this law and assigned by the government. 



Article 78.      (Revised) Rights and Duties of Division of Public Work and Transports in Provinces, Vientiane Capital

Provincial, capital and special zone communication, transport, post and construction divisions have the following rights and duties in urban planning management:

  1. To create town urban plans to submit to the Ministry of Public Work and Transports consideration and approval;
  2. To implement and inspect the construction, repair and building to be in compliance with urban plans;
  3. To issue construction or repair permits and issue compliance certificates;
  4. To implement regulations regarding the use of land in towns where there are no urban plans in coordination with land [management] authorities and local administrative authorities;
  5. To perform other rights and duties as assigned by the Ministry of Public Work and Transports;
  6. To create town urban plans to submit to the Ministry of Public Work and Transports consideration and approval;
  7. To implement and inspect the construction, repair and building to be in compliance with urban plans;
  8. To issue construction or repair permits and issue compliance certificates;
  9. To implement regulations regarding the use of land in towns where there are no urban plans in coordination with land [management] authorities and local administrative authorities;
  10. To perform other rights and duties as assigned by the Ministry of Public Work and Transports;
  11. To create town urban plans to submit to the Ministry of Public Work and Transports consideration and approval;
  12. To implement and inspect the construction, repair and building to be in compliance with urban plans;
  13. To issue construction or repair permits and issue compliance certificates;
  14. To perform other rights and duties as assigned by the Ministry of Public Work and Transports;

Article 79.      (Revised) Rights and Duties of Provincial, Capital and Special Zone Urban Administration and Development Authorities

Provincial, capital and special zone urban administration and development authorities have the following rights and duties:

  1. To plan the implementation, management and inspection of urban development tasks;
  2. To build, improve [and] restore urban infrastructures and urban administration;
  3. To manage and control the implementation of construction works;
  4. To supply necessary information and technical documents regarding urban planning;
  5. To create income sources in the creation and development of urban planning; and
  6. To perform other rights and duties as assigned by provincial governors, capital city mayors special zone heads.
  7. To plan the implementation, management and inspection of urban development tasks;
  8. To build, improve [and] restore urban infrastructures and urban administration;
  9. To manage and control the implementation of construction works;
  10. To supply necessary information and technical documents regarding urban planning;
  11. To perform other rights and duties as assigned by provincial governors, capital city mayors special zone heads.

Article 80.      (Revised) Rights and Duties of Office of Village Administrative Authorities

Village administrative Authorities have the rights and duties as the following:

  1. To plan the implementation, management and inspection of urban development tasks;
  2. To build, improve, restore urban infrastructures and urban administration;
  3. To manage and control the implementation of construction works;
  4. To supply necessary information and technical documents regarding urban planning;

Article 81.      (New) Rights and Duties of Local Authorities

Village administrations have the right and duty to assist the communication, transport, post and construction offices at the districts in the implementation of urban plans, village hygiene, [and] social order, as well as in the administration of building and construction within their area of responsibility.

 

 

Chapter 2

Urban Planning Inspection

 

Article 82.      (Revised) Urban Planning Inspection Authorities

The urban planning inspection authorities consists of the following:

  1. Internal Inspection Authorities are the same as Urban Planning Management Authorities as stipulated in article 76 of this law;
  2. External Inspection Authorities are the National Assembly, Assembly of People in Provinces, The Government Inspection Authority, Government Inspection at each level, Lao Front for National Development, Mass Organizations and media organizations.

Article 83       (Revised) Content of Urban Planning Inspection

Urban planning inspection has the following content:

  1. The implementation of policy, strategy, laws and regulations, investment plan in urban planning;
  2. Types, contents, timeframe and technical standard in exploration-design of urban planning;
  3. Bidding, contracts relevant to exploration-design of urban planning;
  4. The rights on land use, construction line, architectural shapes that are compliant of urban planning;
  5. Technical and social infrastructure or urban.

Article 84       (New) Forms of Inspection

Urban planning inspection is the inspection of the implementation of urban planning regulations, such as: use of urban planning land, construction and building, safety measures, hygiene.

  1. The implementation of policy, strategy, laws and regulations, investment plan in urban planning;
  2. Types, contents, timeframe and technical standard in exploration-design of urban planning;
  3. Bidding, contracts relevant to exploration-design of urban planning;
  4. The rights on land use, construction line, architectural shapes that are compliant of urban planning;

Article 85.      (Revised) Rights and Duties of Inspection Authorities

            Inspection Authorities have the rights and duties as content and forms stipulated in Article 83 and 84 of this law.

 

Article 86.      (New) Urban Planning Authorities

            In the administration and implementation of urban plans, communication, transport, post and construction offices at the districts have rights and duties as assigned by communication, transport, post and construction divisions at the provinces, municipalities and special zones.

 

Article 87.      (New) Standard of Urban Planning Authorities

Urban planning authorities have the following standard:

  1. The implementation of policy, strategy, laws and regulations, investment plan in urban planning;
  2. Types, contents, timeframe and technical standard in exploration-design of urban planning;
  3. Bidding, contracts relevant to exploration-design of urban planning;
  4. The rights on land use, construction line, architectural shapes that are compliant of urban planning;
  5. To have a good health.

Article 88.      (New) Rights and Duties of Urban Planning Authorities

            Urban Planning Authorities have the following rights and duties:

  1. The implementation of policy, strategy, laws and regulations, investment plan in urban planning;
  2. Types, contents, timeframe and technical standard in exploration-design of urban planning;
  3. Bidding, contracts relevant to exploration-design of urban planning;
  4. The rights on land use, construction line, architectural shapes that are compliant of urban planning;

Part VIII

Awards for Good Performance and Measures against Violators

 

Article 89.      (Revised) Awards for Good Performance

Individuals, legal entities or organizations that have outstanding performance in the implementation of this law, such as contribution on urban planning will receive awards or other appropriate policies based on regulations.

 

Article 90.      (Revised) Measures against Violators

Individuals, legal entities or organizations that violate this law will be educated, disciplined, fined, compensate for damages by civil or criminal punishment depending on a light or serious case basis.

 

Article 91.      (Revised) Education Measure

Individuals or organizations that have committed minor violations of this Law will be subject to warnings and education.

 

Article 92.      (Revised) Disciplined Measure

Individuals or organizations that violate this Law, causing damages to State assets, the community or individuals must compensate such damages according to regulations and laws.

 

Article 93.      Fines Measure

Individuals or organizations that violate this Law will be fined as follows:

  1. Fined at 10 percent of the value of the unauthorized constructed items or repairs.
  2. In the event that a construction or repair does not comply with urban plans, the violator must dismantle such construction depending on the case.
  3. Individuals or organizations that have been subject to education measures
  4. Other violation that stipulated in laws and regulations; for the rate of fines in each case will be stipulated in separate regulation.

Article 94.      (New) Criminal Measures

Individuals, legal entities or organizations that have outstanding performance in the implementation of this law, such as contribution on urban planning will receive awards or other appropriate policies based on regulations.

 

Article 95.      (New) Civil Measures

Individuals, legal entities or organizations that have outstanding performance in the implementation of this law, such as contribution on urban planning will receive awards or other appropriate policies based on regulations.

 

Article 96.      (New) Additional Penalties

In addition to the penalties as provided in Article 95 of this law, any violator who causes will be subject to additional penalties such as: suspension of activities, withdrawal of permit, dismantling of violating construction or repair depending on the cases.

 

Part IX

Final Provisions

 

Article 97.      (Revised) Implementation

The Government of Lao People’s Democratic Republic is responsible for the implementation of this Law.

 

Article 98.      (Revised) Effectiveness

This law is effective from the date of the promulgation by the President of the Lao People's Democratic Republic and fifteen days after posting on the Lao Official Gazette.

This Law replaces the Law on Urban Planning No. 03/99/NA, dated 03 April 1999.

            Any regulations and provisions that contradict to this Law shall be canceled.

 

 

President of the National Assembly

[Signature and seal]

 

Pany YATHOTOU

 



Download English:Law on Urban Planning (Revised) No. 40/NA, dated 16 November 2017

Download Lao:Law on Urban Planning (Revised) No. 40/NA, dated 16 November 2017