Requirements for revision of regulations on management of architecture in Vietnam

Requirements for revision of 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 in Vietnam according to Article 14 of the Law on Architecture 2019 are as follows:

- 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.

- The Government shall promulgate specific regulations on contents of regulations on management of architecture; regulations on application and documentation procedures and processes for formulation, evaluation, collection of public opinions on, release and methods for implementation of regulations on management of architecture.

2. Requirements for revision of regulations on management of architecture in Vietnam

According to Clause 2, Article 15 of the Law on Architecture 2019, 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.

3. Principles of revision of regulations on management of architecture in Vietnam

According to Clause 3 of Article 15 of the Law on Architecture 2019, 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.

4. Prohibited acts in architectural activities in Vietnam

Prohibited acts in architectural activities according to Article 9 of the Law on Architecture 2019 are as follows:

- Hindering the management and practice of architecture.

- Abusing the practice of architecture to cause adverse impacts on national defence, security, state and public interests, social order, living environment, legitimate rights and benefits of entities and persons.

- Offering and accepting bribes, making illegal tying and brokerage arrangements in architectural activities.

- Disclosing materials listed as state secrets; revealing business information provided by customers, unless otherwise agreed upon in writing by customers or prescribed in laws.

- Building architectural structures inconsistently with the architectural design approved by the regulatory authority or in breach of the construction permit.

- Infringing upon the intellectual property rights in architectural activities.

- Providing counterfeit or untruthful materials and data; preparing architectural design and construction documentation which are not conformable to national technical regulations.

- Carrying out fraudulent acts in taking examinations, issuing and using practicing certificates in architecture.

- Abusing and making inappropriate use of powers, rights to or lacking responsibilities for the management of architecture.

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