Regulations on management of architecture in Vietnam

Regulations on management of architecture in Vietnam (Internet image) 

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

1. Regulations on management of architecture in Vietnam

- Regulations on management of architecture shall be adopted to apply to urban areas and rural residential spots in provinces and centrally-affiliated cities.

- Regulations on management of architecture must ensure conformity with the following requirements:

+ In line with provisions laid down in Articles 10, 11 and 13 of the Law on Architecture 2019;

+ Correspond to urban architectural designs approved by competent authorities, national technical standards and regulations;

+ Match traditional cultural values, local actual features and conditions.

- Regulations on management of architecture shall be comprised of the followings:

+ Regulations on management of architecture applied to all areas covered by these regulations; architecture of specific regions and streets;

+ Determining requirements concerning traditional cultural values with respect to locality-specific architecture as per clause 1 of Article 5 of the Law on Architecture 2019;

+ Identifying areas where particular urban designs are needed, streets and areas where architectural renovation priority is given, and implementation plan; areas subject to special management requirements;

+ Regulations on management of architecture of residential homes, public construction works, urban public utility facilities, industrial facilities, technical infrastructure premises and construction projects that require architectural plan tests;

+ Regulations on management and protection of architectural structures of value;

+ Regulating responsibilities of entities and persons for implementation of regulations on management of architecture;

+ Maps, drawings and illustrating images;

+ Appendix on the list of architectural structures of value.

- Provincial-level People's Committees shall set out regulations on management of architecture and petition same-level People’s Councils to adopt and enforce these regulations; as for regulations on management of architecture of special-class cities or class-I cities which are centrally-affiliated ones, the consent from the Ministry of Construction must be sought.

(Article 14 of the Law on Architecture 2019)

2. Revision of regulations on management of architecture in Vietnam

- Provincial-level People's Committees shall review and evaluate the process of implementation of regulations on management of architecture on a quinquennial or ad-hoc basis before deciding whether regulations on management of architecture may be revised. Subject matters of review and evaluation of the process of implementation of regulations on management of architecture shall be subject to the Government’s regulations.

- Requirements for revision of regulations on management of architecture shall be regulated as follows:

+ Any adjustment in urban planning, rural planning, urban design and boundaries of administrative subdivisions may affect the characteristics, functions and scale of areas covered by regulations on management of architecture;

+ Existence of projects of national significance causes impacts on the spatial layout of entire areas covered by regulations on management of architecture;

+ Regulations on management of architecture are not likely to be implemented or implementation of these regulations has adverse impacts on the socio-economic development, national defence, security, social protection, biological environment and historic – cultural relics;

+ Revision of these regulations is made in state and public interests.

- Principles of revision of regulations on management of architecture shall be regulated as follows:

+ Attention must be paid to those regulations that need to be revised while legal value of those regulations that do not need to be revised as specified according to approval decisions shall remain unchanged;

+ Revision must be made on the basis of analysis and evaluation of the current state and clear determination of requirements for revision provided that these regulations are adapted for developmental requirements.

- Provincial-level People's Committees shall seek the consent from same-level People’s Councils on revision of regulations on management of architecture before making their revision decisions; as for regulations on management of architecture of special-class cities or class-I cities which are centrally-affiliated ones, the unanimous opinion from the Ministry of Construction must be sought.

(Article 15 of the Law on Architecture 2019)

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