Procedure for Establishing, Appraising, and Promulgating Architecture Management Regulations

Process of developing, appraising, and issuing architectural management regulations (illustrative image)

Decree 85/2020/ND-CP provides detailed regulations on the process of developing, appraising, and issuing architectural management regulations as follows:

1. The timeline for development, appraisal, approval, and issuance is regulated as follows:

- Development time: No more than 15 months for centrally-run cities; no more than 12 months for other cases.- Appraisal time: No more than 30 days for centrally-run cities; no more than 20 days for other cases.- Approval time: No more than 10 days.

2. The process is conducted through 4 steps as follows:

Step 1: Developing architectural management regulations

The provincial People's Committee delegates authority to the specialized agency or the district People's Committee to develop architectural management regulations. The 3 stages of developing regulations are as follows:

- Investigation of current status, field survey; collection of maps, documents, data on natural conditions, types of natural disasters that frequently occur in the planning area, urban design and related legal documents as a basis for developing architectural management regulations.- Drafting architectural management regulations.- Seeking opinions from agencies, organizations, individuals. The duration for seeking opinions is 15 days for agencies, 30 days for organizations, individuals, and the residential community.

The appraisal dossier for architectural management regulations includes: Proposal, draft, explanations about the proposed contents in the regulations, comprehensive report explaining and absorbing opinions, legal documents or related materials, draft decision approving the architectural management regulations.

Step 2 and 3: Appraisal, approval, issuance of architectural management regulations:

- Appraisal content includes: Compatibility with the principles of architectural activities stipulated in Article 4 of the Law on Architecture; Compliance with the provisions of Articles 12 and 13 of Decree 85/2020/ND-CP; Ensuring content according to the provisions of Articles 12 and 13 of Decree 85/2020/ND-CP.- The specialized architectural agency of the provincial People's Committee organizes the appraisal of architectural regulations. Gathering written opinions from related agencies and organizations; establishing a council to appraise and prepare a report. The time limit for answering opinions is no more than 15 days.- The appraisal report must clearly reflect the opinions of the Appraisal Council on the appraisal content and conclusions about whether the regulations are sufficient or insufficient for approval.- The dossier for approval and issuance includes the appraisal dossier that has been absorbed and completed according to the appraisal opinions; report explaining and absorbing the appraisal opinions accompanied by the appraisal report.- For architectural management regulations of rural residential points, the district People's Committee may be authorized to approve and issue.

Step 4: Announcing the architectural management regulations:

- The agency announcing the architectural management regulations is also the agency developing the architectural management regulations.- Within 15 days, the entire regulations must be announced except as stipulated by law.

Forms of announcement include 4 forms: Posting on electronic information portals, announcing on mass media, organizing conferences, seminars, publishing publications.

Additionally, the Decree details the forms of collecting opinions on the architectural management regulations as follows:

- Directly in writing, survey forms, opinion forms;- Conferences, seminars;- Through the electronic information portal;- Display or public presentation or introduction on mass media.

More details can be found in Decree 85/2020/ND-CP, effective from September 7, 2020.

Thanh Thao

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