Measures to organize implementation of regulations on management of architecture in Vietnam

Measures to organize implementation of regulations on management of architecture in Vietnam (Internet image) 

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

1. Measures to organize implementation of regulations on management of architecture in Vietnam

Measures to organize implementation of regulations on management of architecture in Vietnam according to Article 15 of Decree 85/2020/ND-CP are as follows:

- Measures to organize implementation of regulations on management of architecture include:

+ Promulgating documents and plans for implementation of the regulations;

+ Disseminating the regulations;

+ Supervising the implementation, carrying out inspections and taking actions against violations of the regulations;

+ Encouraging organizations and individuals to supervise the implementation of the regulations;

+ Providing human resources, infrastructure facilities and funding for making and implementing the regulations.

- People's Committees at all levels shall organize implementation of the measures mentioned in Clause 1 of Article 15 of Decree 85/2020/ND-CP in a timely and effective manner.

- The funding for making and organizing implementation of the regulations on management of architecture is as follows:

+ The funding for making and organizing implementation of the regulations shall be covered by the state budget in accordance with the Law on State Budget and its applicable guiding documents.

+ The Ministry of Construction shall promulgate a method of determining costs of making and organizing implementation of the regulations.

+ People’s Committees at all levels shall balance the sources of funding covered by the local government budget in order to make and implement the regulations within their areas.

+ The head of an agency shall manage the state funding for making and organizing implementation of the regulations; control the advancing, payment and preparation of final accounts in accordance with applicable regulations. Relevant agencies shall cooperate in inspection and supervision.

+ If a consultancy is hired to make regulations on management of architecture, regulations of the law on bidding and relevant laws shall be complied with.

2. Contents of regulations on management of architecture in Vietnam

According to Article 12 of Decree 85/2020/ND-CP, regulations on management of architecture shall contain at least:

* General provisions:

- Provisions on management of architecture applicable to all areas covered by the regulations: overall scope and boundary covered by the regulations;

- Criteria concerning the general urban planning and subdivision planning (if any) approved by the competent authority, national or local technical regulations and standards applied;

- Orientations for control of space, architecture and landscape of the entire urban area;

- Areas that require separate urban design; location and scale of works for which a design plan contest needs to be held;

- Provisions on architecture of works with a view to satisfaction of requirements for natural disaster management and climate change resilience.

* Specific provisions:

- Provisions on architecture applicable each area within an urban area by administrative divisions, functions or nature; applicable to protected areas;

- Provisions on architecture of specific routes, squares, centers and gateways to the urban area; arrangement of signboards, advertisements and urban utilities; areas where architectural renovation priority is given, and implementation plan; areas subject to special management requirements; rural areas within the urban area;

- Provisions on color and building materials; requirements on elevation, roof and 1st storey of the structure;

- Provisions on management of architecture of residential houses, public works and urban public utility facilities, industrial works and technical infrastructure premises;

- Provisions on management and protection of architectural structures of value;

* Determining requirements concerning national cultural identity in architecture:

- Specific factors with respect to natural, economic and cultural conditions and local customs related to the architectural identity;

- Typical architectural forms; construction techniques and use of local traditional building materials;

- Selection of an architectural plan or orientation that maintains the national cultural identity during construction and renovation of architectural structures.

* The contents specified in Points e, g and h Clause 3 Article 14 of the Law on Architecture 2019.

- Guidelines for the regulations on management of urban architecture are provided in Section 1 Appendix II of Decree 85/2020/ND-CP.

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