What are the contents of regulations on management of urban architecture in Vietnam?

What are the contents of regulations on management of urban architecture in Vietnam? (Internet image)

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

1. Requirements for architecture management regulations in Vietnam

According to Clause 2, Article 14 of the Law on Architecture 2019, requirements for architecture management regulations include:

- 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.

2. What are the contents of regulations on management of urban architecture in Vietnam?

Specifically, in Article 12 of Decree 85/2020/ND-CP, the regulation on management of urban architecture includes the following main contents:

(1) 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.

(2) 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;

(3) 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.

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

- 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.

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

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

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.

(Clause 1, Article 15 of Decree 85/2020/ND-CP)

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

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

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