Criteria for assessing whether architectural structures are of value in Vietnam

Criteria for assessing whether architectural structures are of value in Vietnam (Internet image)

1. What is architectural structure of value?

According to Clause 5, Article 3 of the Law on Architecture 2019, architectural structure of value refers to a typical architectural construction work of architectural, historic, cultural and artistic value which is accredited by a competent authority.

Specifically, architectural structure refers to a single or combination of construction works or items developed by actualizing an architectural concept or design.

(Clause 5, Article 3 of the Law on Architecture 2019)

2. Criteria for assessing whether architectural structures are of value in Vietnam

2.1. Criteria concerning the architectural art and landscape value in Vietnam

According to Clause 1, Article 3 of Decree 85/2020/ND-CP, the criteria concerning the architectural art and landscape value include the following:

- Whether the structure is typical of an architecture type or architectural style;

- The value of the architectural art of the structure itself and the overall space within the structure;

- The structure’s value in connection with the landscape, the structure’s contribution to the urban landscape, scenic landscape or natural landscape;

- The technical value, the value of the construction technology and the value of use of building materials.

2.2. Criteria concerning historical and cultural value in Vietnam

According to Clause 2, Article 3 of Decree 85/2020/ND-CP, the criteria concerning historical and cultural value include the following:

- Whether the structure is typical of a historical period;

- The structure’s connection with the typical characteristics and nature of the local culture;

- The age and service life of the structure.

In addition, table of points for assessing whether an architectural structure is of value is provided in the Appendix I issued together with Decree 85/2020/ND-CP.

3. Classification of architectural structures of value in Vietnam

Architectural structures of value are classified into the 03 following categories:

Category I structures, which satisfy two criteria concerning architectural art and landscape value and concerning historical and cultural value; such structures must be awarded at least 80 points for the criterion concerning architectural art and landscape value,.

Category II structures, which satisfy the two criteria;

Category III structures, which satisfy one of the criteria.

(Clause 1, Article 4 of Decree 85/2020/ND-CP)

4. Management of valuable architectural works

 Architectural structures of value which have already been ranked as historical – cultural relics shall be managed under law on cultural heritages.

Architectural structures of value which are not covered in clause 1 of this Article shall be reviewed and assessed on an annual basis or inventoried for official purposes by provincial-level People's Committees.

Provincial-level People's Committees shall consult with provincial-level architectural advisory councils and other related entities or persons about compilation of the list of architectural structures of value before reaching their approval decisions.

(Clause 1, 2, 3, Article 13 of the Law on Architecture 2019)

5. Rights and obligations of owners and users of architectural structures in the list of architectural structures of value in Vietnam

According to Clause 4, Article 13 of the Law on Architecture 2019, owners and users of architectural structures in the list of architectural structures of value shall have the following rights and obligations:

- Receive benefits from protection, conservation, repair, rehabilitation and operation of their architectural structures;

- Receive the state subsidies for costs incurred from protection, conservation, repair and rehabilitation of their architectural structures;

- Protect, conserve, repair and rehabilitation of architectural values of these structures; ensure safety for access to, use and operation of these structures;

- Avoid changing the exterior architecture, textures and vicinity of their architectural structure of their own free will;

- Whenever detecting any sign of decrease in quality or unsafe texture, inform local authorities in a timely manner.

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE