The Procedure for Developing, Appraising, Approving, and Adjusting the List of Valuable Architectural Works

Procedure for establishing, appraising, approving, and adjusting the list of valuable architectural works (illustrative image)

Article 5 of Decree 85/2020/ND-CP specifically stipulates the procedures for establishing, appraising, approving, and adjusting the list of valuable architectural works as follows:

1. The Provincial People's Committee shall decentralize and delegate authority to specialized architectural agencies under the Provincial People's Committee or the District People's Committee to establish and adjust the list of valuable architectural works.

Thereafter, establish the list of valuable architectural works:

- The agency responsible for establishing the list of valuable architectural works shall coordinate with the specialized cultural agencies under the Provincial People's Committee and the District People's Committee to review and evaluate the architectural works' dossiers and materials to compile the list of valuable architectural works in the area, then submit it to the Provincial People's Committee for approval.- If an organization or individual proposes to include an architectural work in the list of valuable architectural works, they shall submit a written request along with the dossier and materials of the architectural work to the specialized architectural agency under the Provincial People's Committee for approval.- If an organization or individual proposes to remove an architectural work from the list of valuable architectural works, they shall submit a written request along with the dossier and materials of the architectural work to the specialized architectural agency under the Provincial People's Committee for review and evaluation.- The dossier of the architectural work includes the history and value assessment of the work, images of the current architecture and historical images (if any), site plans, floor plans, vertical and sectional drawings, descriptive images and drawings of decorative details (if any), and clarifications on the work’s values.- The dossier for the list of valuable architectural works includes: a draft submission; the list of valuable architectural works and accompanying annexes; an explanation of the proposed contents in the list; dossiers and materials for each architectural work and related documents; proposed management and protection measures, utilization plans for the architectural values, and implementation costs.- The agency responsible for compiling the list of valuable architectural works shall seek written opinions from the Provincial Architecture Advisory Council, relevant agencies, organizations, and individuals regarding the dossier and list of valuable architectural works as stipulated in Clause 3, Article 13 of the Law on Architecture, within a minimum of 15 days for agencies and 30 days for organizations and individuals concerned.

2. Appraising the list of valuable architectural works:

- The Provincial People's Committee shall establish the Appraisal Council for the list of valuable architectural works. The Appraisal Council shall include representatives from state management agencies, professional associations, experts in architecture and culture, and relevant organizations and individuals.- The Appraisal Council shall appraise the list of valuable architectural works based on the evaluation criteria specified in Article 3 and Article 4 of Decree 85/2020/ND-CP.

The agency compiling the list of valuable architectural works, based on the appraisal results, shall receive feedback, explain, and finalize the dossier, then submit it to the Provincial People's Committee for approval of the list of valuable architectural works.

The maximum timeframe for appraising the list of valuable architectural works is 20 days from the date of receiving a complete dossier, while the maximum timeframe for approval is 15 days from the date of receiving the complete dossier according to the appraisal results.

Adjusting the list of valuable architectural works:

- The agency compiling the list of valuable architectural works shall review and evaluate the valuable architectural works in the area annually and report to the Provincial People's Committee for decisions on adjusting the list of valuable architectural works according to the actual conditions and circumstances.- The contents to be adjusted in the list of valuable architectural works must be reviewed, appraised, and approved according to the procedures and timelines specified in Point e, Clause 1; Clauses 2, 3, 4, and 5 of this Article; while the unchanged contents of the approved list shall retain their legal validity.

More details can be found in Decree 85/2020/ND-CP, effective from September 07, 2020

Thanh Thao

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