Circular No. 08/2007/TT-BXD guiding the preparation, examination, and approval of Urban Architectural Management Regulations

CIRCULAR

Guidelines for drafting, reviewing, and approving Urban Architectural Management Regulations

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Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on Planning;

Pursuant to Decree No. 29/2007/NĐ-CP dated February 27, 2007 of the Government on Urban Architectural Management;

The Ministry of Construction guides the contents of drafting, reviewing, and approving Urban Architectural Management Regulations as prescribed in Article 18, Article 27, Article 30, and Article 31 of Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on Planning (hereinafter referred to as Decree No. 08/2005/NĐ-CP) and Article 5, Article 26, and Article 27 of Decree No. 29/2007/NĐ-CP dated February 27, 2007 of the Government on Urban Architectural Management (hereinafter referred to as Decree No. 29/2007/NĐ-CP) as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. These Circulars guide the drafting, reviewing, and approving of Urban Architectural Management Regulations (hereinafter referred to as UAMR) for urban central areas, gateway areas, and special areas of cities from the special category to the fourth category and market towns (fifth category). For suburban areas, it is encouraged to draft Urban Architectural Management Regulations based on the actual needs of each locality.

2. The subjects of application include: urban authorities, agencies responsible for urban management, specialized agencies at all levels managing planning and architectural construction; organizations and individuals, both domestic and foreign, related to construction activities.

3. Urban Architectural Management Regulations are guidelines for organizations and individuals to implement investment and construction, renovation, and beautification within cities in accordance with approved urban planning schemes and urban design projects (currently being studied); serving as a basis for state administrative agencies and local authorities to manage urban planning and investment construction effectively according to administrative units (city, district, town, ward, town), special areas, and functional zones within cities; providing grounds for issuing permits for new construction, renovation, and beautification of architectural works, and landscape design within cities to enhance the quality and aesthetics of urban architecture.

4. To facilitate local authorities and organizations, individuals to proactively grasp information, guidance, and necessary regulations consistent with approved urban planning schemes to effectively carry out management and implementation of urban construction projects across various areas from broad city-wide scopes to narrow ones (districts, wards, special areas, functional zones), Urban Architectural Management Regulations are divided into two levels:

- Level I Regulations: are Urban Architectural Management Regulations for the entire city established based on approved comprehensive urban planning schemes and urban design projects for the entire city (including key provisions on architectural management for each area within the city classified by nature such as conservation and restoration areas, renovation and beautification areas, new construction areas, expansion areas), and special areas (forming the image and identity of the city, etc.). These regulations guide Article 18 of Decree No. 08/2005/NĐ-CP on urban planning management, and Article 30 of Decree No. 08/2005/NĐ-CP on urban design in overall urban planning.

 - Level II Regulations: are Urban Architectural Management Regulations established for administrative units (districts, towns) based on approved urban planning schemes and detailed urban planning schemes for districts, towns, or special areas, and urban design projects currently being studied (including specific provisions on architectural management for each street and functional zones within each block within the boundaries of districts and wards consistent with Level I architectural management regulations); simultaneously serving as a basis for establishing tasks and contents of detailed planning schemes (at a scale of 1/500 for urban renovation and beautification projects). These regulations guide Article 5 of Decree No. 29/2007/NĐ-CP, Article 27 of Decree No. 08/2005/NĐ-CP on detailed planning management, and Article 31 of Decree No. 08/2005/NĐ-CP on urban design in detailed urban planning.5. Cities of the second category and above must establish Level I and Level II Regulations; for cities of the third category (provincial cities), depending on their scale, management capacity, and requirements, provincial authorities decide to establish one or two Regulations (Level I or Level II). For cities of the fourth and fifth categories (township-level administrative units), the content of Level I and Level II Regulations can be combined to establish a unified Urban Architectural Management Regulation for the entire city.

6. The content of Urban Architectural Management Regulations shall be updated, supplemented, and adjusted in line with the amendments to urban planning schemes and urban design projects. Adjustments and supplements to the regulations shall be carried out by the agencies responsible for organizing the drafting of the regulations.

7. In cases where urbanization speed is rapid or due to mergers, divisions, or additions of administrative units (districts, wards), if urban planning schemes have not been timely established, local authorities need to collaborate with the Department of Planning and Architecture, the Department of Construction, and the Department of Transportation to exchange views, reach consensus, and formulate appropriate architectural management regulations in line with the general development direction of the city.

II. AGENCIES FOR DRAFTING, REVIEWING, AND APPROVING URBAN ARCHITECTURAL MANAGEMENT REGULATIONS

1. Drafting Agencies:

- For Level I Regulations: The People's Committee of the province directs the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) and the Department of Construction (for other provinces) to organize the drafting and necessary updates and supplements to the regulations.

- For Level II Regulations: The People's Committee of the district or county coordinates with the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) and the Department of Construction (for other provinces) to organize the drafting and necessary updates and supplements to the regulations.

2. Reviewing and Approving Agencies:

a) Level I Regulations:

a) Regulation Level I:

- For cities from type 1 upwards and centrally-affiliated cities: The Provincial People's Committee shall approve and promulgate the Urban Architectural Management Regulation after obtaining the review opinion of the Ministry of Construction.

- For cities from type 2 downwards: The Provincial People's Committee shall approve and promulgate the Urban Architectural Management Regulation after obtaining the review opinion of the Department of Construction.

b) Level II Regulation:

- For districts within cities of type 1 and above and centrally-affiliated cities, provincial capital cities and towns: The Provincial People's Committee shall approve and promulgate the Regulation after obtaining the review opinion of the Planning and Architecture Department (for Hanoi and Ho Chi Minh City) and the Department of Construction (for other provinces).

- For towns (type 5 cities): The District People's Committee or Town People's Committee shall approve and promulgate the Regulation according to the分级任务不符合要求，我会直接提供纯翻译结果而不会进行分段或解释。继续完成任务：

- For special areas, special functional zones, the entity approving the Regulation is the entity approving the urban planning regulation for that area.

III. CONTENT OF THE URBAN ARCHITECTURAL MANAGEMENT REGULATION

1. Level I Regulation

The content of the Level I Urban Architectural Management Regulation is the provision on urban architectural management for the entire city (mainly within the inner city, gateway areas, and special areas of the city) through the introduction and general analysis of the main characteristics of the city's boundaries; based on the assessment of current natural and social conditions, it specifically elaborates on the contents of the approved urban planning scheme and the urban design schemes currently being studied; it sets out requirements for urban architectural management for each development control zone (preservation and restoration zone, renovation and improvement zone, new construction zone, expansion zone) and special areas in the city, including:

a) The description of the current status regarding location, boundary range, administrative units (districts, counties); scale of area and population (inner and outer city), classification of cities, etc., is presented in combination with administrative maps. Analyze some general features of the city regarding: natural conditions (topography, natural scenery), historical development, city structure, spatial development orientation must be accompanied by illustrative diagrams. Analyze the factors that create the image and impression of the city such as large open spaces (lakes, rivers, green parks), special areas of the city (for example, in Hanoi there is the Ba Dinh Political Center Area, Old Quarter, West Lake area, around Hoan Kiem Lake, etc.), which need to be accompanied by illustrative images.

Based on the approved overall urban planning scheme, regulations on the city's development directions (with illustrative diagrams) are specified; the Level I Urban Architectural Management Regulation mainly focuses on provisions for urban architectural management for each development control zone and special areas.

b) Provisions on urban architectural management for each development control zone include: regulations on urban architectural management for the preservation and restoration zone; the renovation and improvement zone; the new development zone, with the content needing to clearly specify: location, scale, boundary range, architectural planning regulations: building density, land use coefficient, some key requirements about the nature and form of architectural works, maximum building height, controlled building height for each area; regulations on technical infrastructure systems: traffic regulations, site leveling, drainage, water supply, electricity supply, communication system, environmental protection regulations, advertising regulations, scenic protection regulations, etc.

c) Provisions on urban architectural management for special areas are established based on the characteristics of each type of area to set appropriate requirements and regulations, including: boundary range (belonging to district A, B, C...), land area, main architectural planning requirements: construction boundary, building density, protection boundary, separation distance (no construction allowed), building form, garden, fence, gate, parking lot, etc.; environmental protection regulations, advertising regulations in the aforementioned areas, scenic protection regulations, regulations on technical infrastructure systems, etc.

The Level I Regulation is established according to a template. Respectfully submitted to: The State Bank of Vietnam Branch in the Region ... of this Circular

2. Level II Regulation

a) For cities from type I upwards and centrally-affiliated cities (which have established a Level I Regulation): based on the content of the Level I Urban Architectural Management Regulation regarding zoning regulations and special areas in the city, the Level II Urban Architectural Management Regulation specifically elaborates on the Level I urban architectural management regulations of the entire city for each district through the introduction and general analysis of the main features of each district, based on the assessment of current natural and social conditions of each district; it specifically elaborates on the contents of the approved district urban planning scheme and urban design schemes currently being studied, setting out requirements for urban architectural management for each ward, street, and block.

b) The description of the current status regarding location, boundary range, administrative units (wards); scale of area and population is presented in combination with administrative maps. Analysis of natural conditions (topography, natural scenery, historical development, district structure; spatial development orientation must be accompanied by illustrative diagrams. Statistics on blocks and streets by ward (street name, length, width, red line boundary, construction boundary); blocks (block code, area, population) according to the current situation.

c) Regulations on urban architectural management for each district or town according to the approved urban planning scheme or detailed planning scheme and urban design schemes (currently being studied) are presented through the regulation of urban architectural management for each street, block, and functional zones (residential areas, office areas, public service areas, green parks, industrial areas, etc.) within the relevant blocks. For functional zones with an area spanning two districts or two streets, blocks, the regulations on urban architectural management must be consistent and not differ between the two related areas.

d) Specify in detail urban architectural management for each street, including: specifying the nature of permitted architectural structures, setback distances of buildings, parts projecting beyond buildings (facing the street, along the side boundary of the plot); unify overhangs and heights (measured from ground level) of balconies and awnings of adjacent row houses on each street segment, building height, plot size, some recommendations on architectural form (building materials, colors, facade design); forms of buildings at street intersections, positions of focal point structures; specify the form of advertisements, arrangement and organization of technical infrastructure systems along the entire route.

For newly opened or soon-to-be-opened streets, there must be prior research on specific architectural landscape regulations on both sides of the road.

e) Specify in detail urban architectural management for each block, including: specifying building density, average height of the entire block, maximum height, positions of focal point structures within each block.

f) For existing functional zones located within blocks or planned to be constructed according to approved master plans (expected to be implemented within five years) such as administrative offices, public service facilities, green parks, the specific urban architectural management regulations mainly cover: location, scale, building density, building height, architectural form, gardens, fences, gates, parking lots; environmental protection regulations, landscape preservation; technical infrastructure regulations: construction control levels, water supply, drainage, electricity, communication systems, etc.

g) For functional zones with residential characteristics, urban architectural management regulations are established based on the nature, history of formation and development of each residential area such as old town districts, old neighborhoods, apartment complexes, urbanized village areas, new urban areas, etc. The supervision and implementation of the Urban Architectural Management Regulations in these residential areas fall under the responsibility of the People's Committee of the respective wards.

h) For special architectural structures (focal point structures, structures with historical-cultural significance to the locality), specific urban architectural management regulations mainly cover: specifying location, boundaries, scale, nature, function, protected boundary range (no construction allowed), architectural form, fences, gates, garden layout, greenery, advertising, lighting, parking lots, environmental protection regulations, landscape preservation, etc.

The second-level regulation is established according to a template. DIRECTOR OF THE STATE BANK OF VIETNAM of this Circular

IV. SEEKING OPINIONS ON URBAN ARCHITECTURAL MANAGEMENT REGULATIONS

1. Level I Regulation

- The first-level regulation is established based on approved master plans and ongoing urban design studies. During the drafting process, opinions from relevant professional associations and organizations should be sought.

- For special areas where the architectural form and urban landscape are affected, the drafting unit should seek opinions from organizations and individuals living in the related areas.

2. Level II Regulation

During the establishment and completion of the second-level regulation, the drafting unit may divide the regulation into sections related to each administrative unit (ward) or functional zones within the area to seek opinions from organizations and individuals living in the related areas (blocks, streets).

3. Methods of Seeking Opinions:

- For the first-level regulation: the drafting unit sends the draft regulation to organizations and agencies to solicit opinions or directly discuss related issues; post the draft regulation at city information centers for easy access and feedback from the public.

- For the second-level regulation: extract specific contents related to each area, post the draft regulation at district People's Committee headquarters, urban planning and construction management agencies, ward People's Committees, cultural information centers of districts and wards for easy public access, review, and feedback through questionnaires.

Before submitting the regulation to the competent authority for review and approval, the drafting unit is responsible for reporting to the reviewing and approving authority about the results of seeking opinions, serving as a basis for the review and approval of the regulation.

Chapter V. FORMS OF ANNOUNCEMENT AND PUBLIC DISCLOSURE OF URBAN MANAGEMENT REGULATIONS.

a) Level I Regulations

- For cities from type 1 upwards and centrally-affiliated cities: The provincial People's Committee approves and promulgates the Regulations, and the district-level People's Committee is responsible for organizing the announcement of the approved urban architectural management regulations within its administrative boundaries so that organizations and individuals can be aware, implement, and supervise the implementation.

- For cities from type 2 downwards: The provincial People's Committee approves and promulgates the urban architectural management regulations, and the ward-level People's Committee is responsible for organizing the announcement of the approved urban architectural management regulations within its administrative boundaries so that organizations and individuals can be aware, implement, and supervise the implementation.

b) Level II Regulation:

- Level II Regulations of districts within cities from type 1 upwards and centrally-affiliated cities, provincial capitals, and towns: The provincial People's Committee approves and promulgates the Regulations, and the district, town, and ward-level People's Committees are responsible for organizing the announcement of the approved urban architectural management regulations within their administrative boundaries so that organizations and individuals can be aware, implement, and supervise the implementation. Urban planning and construction management agencies at the district, town, and ward levels may divide parts of the urban management regulations for streets, blocks, or functional zones to publicly announce them at suitable locations to facilitate public access and timely understanding, implementation according to the Regulations, and create conditions for local authorities to effectively monitor and manage investment and construction activities.

- Level II Regulations of market towns (type 5 cities): The district or town People's Committee approves and promulgates the Regulations, and the market town People's Committee organizes the announcement of the approved urban architectural management regulations within its administrative boundaries so that organizations and individuals can be aware, implement, and supervise the implementation.

- Level I and II urban management regulations shall be regularly posted and publicly disclosed at local information centers, exhibition and public display venues, and mass media outlets. CDs, documents, and leaflets may be issued to disseminate information to the public. Urban planning and construction management agencies at the district level are responsible for managing and retaining the regulations, regularly providing guidance, explanations, and information to organizations and individuals with needs related to investment and construction.

VI. RESPONSIBILITIES OF PEOPLE'S COMMITTEES AT ALL LEVELS AND ORGANIZATIONS AND AGENCIES FOR SUPERVISION AND INSPECTION OF REGULATION IMPLEMENTATION

- The provincial People's Committee shall issue enforcement mechanisms, penalties for violations, and assign responsibilities to the district-level People's Committees to supervise, inspect, and handle cases of violation in the implementation of the Regulations.

- For functional areas and special zones, the supervision and implementation of urban architectural management regulations shall be carried out by relevant organizations and agencies affected by the Regulations.

VII. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. During the implementation process, if there are difficulties or obstacles, they should be reported to the provincial or centrally-affiliated city People's Committee for submission to the Ministry of Construction for research, resolution, or compilation and reporting to the Government.