Classification of architectural structures of value in Vietnam

Classification of architectural structures of value in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

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

Criteria for assessing whether architectural structures are of value in Vietnam according to Article 3 of Decree 85/2020/ND-CP are as follows:

- 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.

- 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.

- Table of points for assessing whether an architectural structure is of value is provided in the Appendix I of Decree 85/2020/ND-CP.

2. Classification of architectural structures of value in Vietnam

Classification of architectural structures of value according to Article 4 of Decree 85/2020/ND-CP is as follows:

- 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.

- Every People’s Committee of the province or central-affiliated city (hereinafter referred to as "the provincial People's Committee") shall, according to Clause 1 of Article 4 of Decree 85/2020/ND-CP, classify and decide measures and funding for management, protection and upholding value of architectural structures.

3. Sequence of compiling, appraising, approving and adjusting the list of architectural structures of value in Vietnam

Sequence of compiling, appraising, approving and adjusting the list of architectural structures of value in Vietnam according to Article 5 of Decree 85/2020/ND-CP is as follows:

-  The provincial People's Committee shall authorize the specialized architecture agency affiliated to the provincial People's Committee or the district-level People’s Committee to compile or adjust the list of architectural structures of value.

- A list of architectural structures of value shall be compiled as follows:

+ The agency compiling the list of architectural structures of value shall take charge and cooperate with the specialized culture agency affiliated to the provincial People's Committee or the district People's Committee in reviewing and assessing archives of architectural structures to compile a list of architectural structures of value within the province or district, and submit it to the provincial People's Committee for approval.

+ Any organization or individual that suggests a structure to be included in the list of architectural structures of value shall send a written request together with the archive of the architectural structure to the specialized architecture agency affiliated to the provincial People's Committee for review and assessment purposes.

+ The archive of an architectural structure shall contain the history and assessment of value of the structure; photos of the current status and historical photos of the structure (if any); general plan, storey plan, elevation and section drawing and sections; photos and drawings showing details of the decoration (if any) and clarifying the value of the structure.

+ Documents concerning the list of architectural structures of value shall consist of a draft statement; a list of architectural structures of value and enclosed appendices; a description of contents suggested being included in the list; archive of each architectural structure enclosed with relevant documents; proposed measures to manage, protect and uphold value of structures and funding for implementation thereof.

+ The agency compiling the list of architectural structures of value shall seek written opinions from the provincial architectural advisory council and other relevant organizations and individuals about the archive of each architectural structure and the list of architectural structures of value as prescribed in Clause 3 Article 13 of the Law on Architecture 2019 within 15 days if opinions are sought from agencies or within 30 days if opinions are sought from relevant organizations and individuals.

- The list of architectural structures of value shall be appraised as follows:

+ The provincial People’s Committee shall decide to establish an appraisal council. The appraisal council shall be composed of representatives of the regulatory agency, professional associations and experts in architectural and cultural fields and relevant organizations and individuals.

+ The appraisal council shall appraise the list of architectural structures of value according to the criteria set out in Articles 3 and 4 of Decree 85/2020/ND-CP.

- The agency compiling the list of architectural structures of value shall, according to the appraisal results, receive, explain and complete the documentation and submit it to the provincial People’s Committee for approval for the list.

- The time limit for appraising the list of architectural structures of value is 20 days from receipt of sufficient and valid document and the time limit for approving such list is 15 days from the date on which the documentation is completed according to the appraisal results.

- The list of architectural structures of value shall be adjusted as follows:

+ The agency compiling the list shall annually review and assess architectural structures of value within its province or district, submit a report to the provincial People’s Committee for decision on adjustment to the list in a manner that is relevant to the actual situation and conditions.

+ Opinions on the contents to be adjusted in the list shall be sought and such contents shall be appraised or approved in accordance with the sequence and time limit specified in Point dd Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of Article 5 of Decree 85/2020/ND-CP; and the contents on the list which have been approved but are not adjusted shall retain their legal validity.

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