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)
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:
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:
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.
Urban Level and Urban Planning
Chapter 1
Urban Level
There are 5 levels of urban planning as follows:
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:
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:
Article 19. (New) Documents of General Plan
Documents of general plan consist of the following:
Article 20. (New) Reports
Reports consist of the following:
Article 21. (New) Regulations on urban land use
Regulations on urban land use consists of main content as following:
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:
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:
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:
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:
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:
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:
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:
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
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:
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:
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.
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:
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:
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:
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:
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:
Article 65. (New) Exploration-Design of Urban Planning Personnel
Exploration-Design of Urban Planning Personnel have the following rights and duties:
Part V
Prohibitions
Article 66 (New) General Prohibitions
Individuals, legal entities and organizations are prohibited from the following behavior:
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:
Article 68 (New) Prohibitions for Project Owners
Article 69 (New) Prohibitions for Exploration-Design of Urban Planning Personnel
Exploration-Design of Urban Planning Personnel are prohibited from the following behavior:
Part VI
Dispute Resolution
Article 70 (Revised) Forms of Dispute Resolution
Dispute Resolution has one of the following forms:
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:
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:
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:
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:
Article 80. (Revised) Rights and Duties of Office of Village Administrative Authorities
Village administrative Authorities have the rights and duties as the following:
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:
Article 83 (Revised) Content of Urban Planning Inspection
Urban planning inspection has the following content:
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.
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:
Article 88. (New) Rights and Duties of Urban Planning Authorities
Urban Planning Authorities have the following rights and duties:
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.
Individuals or organizations that violate this Law will be fined as follows:
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.
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