Circular No. 08/2008/TT-BXD guiding the organization and operation of the Provincial Urban Planning-Architecture Councils.

 CIRCULAR

Guidelines for the organization and operation of the Architecture and Planning Council at the provincial and municipal levels

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Clause 1 and Clause 2, Article 6, Decree No. 29/2007/NĐ-CP dated February 27, 2007 of the Government on Urban Architectural Management;

After reaching consensus with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Construction, guidelines for the organization and operation of the Architecture and Planning Council at the provincial and municipal levels are as follows:

I. SCOPE OF APPLICATION, FUNCTIONS, TASKS AND POWERS OF THE ARCHITECTURE AND PLANNING COUNCIL

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

This Circular guides the organization and operation of the Architecture and Planning Councils of provinces and centrally governed cities (referred to as the Provincial Architecture and Planning Council) and the Architecture and Planning Councils of cities under provinces (referred to as the City Architecture and Planning Council).

2. Functions

The Provincial Architecture and Planning Council (referred to as the Council) is a specialized advisory and critical body for the People's Committee of the province or centrally governed city (referred to as the Provincial People's Committee) before making final decisions on important issues related to architecture, planning, construction infrastructure, urban and rural development within the territorial boundaries of the province or city.

Point 3. Tasks

a) Participate in providing opinions on orientation, programs, and projects concerning architecture, construction planning, technical infrastructure, and urban and rural development.

b) Participate in providing opinions on draft normative legal documents of the State, the Construction sector, and localities regarding architectural management, construction planning, technical infrastructure, and urban and rural development.

c) Advise and provide opinions on optimal solutions for architectural works (including those that must go through design competitions) when requested by the Chairman of the Provincial People's Committee:

- Works of special significance and importance in economic, cultural, social, and environmental terms;

- Works with unique characteristics in height, scale, building density, land use coefficient, and technical infrastructure systems;

- Works located in sensitive areas significantly affecting the architectural landscape of the region;

- Special works not included in approved construction plans or located in areas where construction plans have not been adjusted.

d) Nominate members to participate in review boards for important urban planning, technical infrastructure, and urban and rural development projects that significantly impact the community.

e) Nominate members to participate in selection boards for design competition schemes of architectural works required to undergo design competitions according to regulations.

g) Advise and critically evaluate other important issues concerning architecture, construction planning, technical infrastructure, and urban and rural development when requested by the Chairman of the Provincial People's Committee.

4. Powers

The conclusions of the Council serve as a basis for the Provincial People's Committee to decide on important matters. In cases where the Decision of the Chairman of the Provincial People's Committee differs from the Council's conclusion, the Council must issue a document preserving its opinion, while the Chairman of the Council must promptly notify and explain to the members.

II. ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES OF THE COUNCIL

1. Organizational Structure

a) The Council is established by Decision of the Chairman of the Provincial People's Committee based on the proposal of the Director of the Construction Department, for Hanoi and Ho Chi Minh City, it is the Director of the Planning and Architecture Department.

b) The Council is a highly specialized organization comprising experts with capabilities and experience in fields related to architecture and construction planning (architects, urban engineers, resource and environment engineers, traffic and water conservancy engineers; cultural, economic, historical specialists, etc.) accounting for 80% to 90% of the membership, with architects representing at least 50%.

c) Composition of the Council

- Composition of the Provincial Architecture and Planning Council: The number of members ranges from 9 to 25 people, depending on the situation and requirements of each locality, including:

+ Chairperson of the Council: Is the Director of the Construction Department, for Hanoi and Ho Chi Minh City, it is the Director of the Planning and Architecture Department.

+ Deputy Chairperson of the Council: Is the leadership of the Construction Department; for Hanoi and Ho Chi Minh City, it is the leadership of the Planning and Architecture Department; leadership of the Architects' Association or the Urban Development Planning Association. The number depends on the actual situation of the locality.

+ Regular Members: Are capable and experienced experts in the field of architecture and planning within or outside the province; current managers at the deputy department level or higher in localities; representatives of the Ministry of Construction with expertise in the field of architecture and planning (for Hanoi, Ho Chi Minh City, and provinces with cities classified as type 2 or higher if deemed necessary).

+ Non-Regular Members: Are capable and experienced specialists related to the field of architecture and planning within or outside the province, including foreign architects; up to three representatives with expertise or leadership positions in the locality where the project or relevant meeting takes place. Non-regular members have the rights and responsibilities of regular members during invited meetings.

- Composition of the City Architecture and Planning Council under provinces includes:

+ Chairperson of the Council: Is the Chairperson of the Provincial Architecture and Planning Council.

+ Deputy Chairperson of the Council: Is one Deputy Chairperson of the Provincial Architecture and Planning Council.

+ Regular Members: Comprise two-thirds of the total number of members of the Provincial Architecture and Planning Council (including the Chairperson and Deputy Chairperson) and three to five staff members (excluding those listed in the Provincial Architecture and Planning Council) with expertise in architecture and planning or leadership positions in the city proposed by the Chairman of the City People's Committee.

+ Non-Regular Members: Are capable and experienced specialists related to the field of architecture and planning within or outside the city, including foreign architects.

d) Standing Body of the Council: The Standing Body is established based on the needs of each locality.

The Standing Members of the Council include: the Chairman, Vice Chairmen of the Council, and some members. The number of Standing Members shall not exceed 30% of the total number of Council members.

e) Secretaries of the Council: are 2 to 3 incumbent officials with expertise related to architecture, urban planning, and technical infrastructure. The provincial-level Council Secretary concurrently serves as the city-level Council Secretary under the province's jurisdiction.

f) Members of the Council and the Council Secretary operate on a part-time basis. The Council for Urban Planning and Architecture uses the seal of the workplace of the Council Chairman.

2. Responsibilities

a) The Chairman of the Council is responsible for:

- Directing and chairing Council sessions;

- Deciding on the format of meetings, the number, and the composition of participants in the Council;

- Deciding on the invitation of non-permanent members to attend meetings.

b) Vice Chairmen of the Council:

- Assisting the Chairman in Council activities, being accountable to the Chairman for the assigned tasks;

- Acting on behalf of the Chairman to direct and resolve Council matters when the Chairman is absent.

c) Standing Members of the Council:

- Proposing agendas and annual programs of activities for the Council;

- Discussing and answering issues related to the requirements of the Provincial People's Committee Chairman.

d) Other Members:

- Participating in discussions on issues considered at the Council, while bearing responsibility for the content and opinions expressed, ensuring objectivity and honesty, and preserving their opinions during meetings;

- Being required to provide information related to Council activities but not using files or disclosing information about Council activities for personal purposes;

- Having the responsibility to submit "Opinion Contribution Forms" to the Council when absent.

e) Council Secretaries:

- Preparing meeting contents, organizing sessions, recording minutes, compiling contributions through "Opinion Contribution Forms", summarizing the Council's operational situation, and archiving documents;

- Serving as the point of contact for Council members; having the responsibility to send documents and "Opinion Contribution Forms" to members, experts, and critics before Council meetings;

- Monitoring the adoption of opinions and conclusions of the Council and informing Council members.

III. FORMS OF COUNCIL ACTIVITY

1. Operational Mechanism

a) The Council operates collectively, with decisions made by majority vote. Conclusions of the Council must be agreed upon by more than 50% of the attending members.

b) A Council session is only valid if at least two-thirds of the summoned members are present.

c) The selection of architectural solutions is conducted by voting. For urban planning and related issues, conclusions must be based on "Opinion Contribution Forms" or the opinion of the majority of Council members.

d) All Council sessions are recorded according to regulations. Conclusions of the Council are documented in writing, reflecting the majority opinions of the members, fully and truthfully recording minority opinions, and stored in archives along with signed documents from the Chairman and Secretary of the Council.

2. Meeting Formats

a) Depending on the content of the meeting, the Chairman decides on the following formats:

- Full Council Meetings

- Specialized Content Meetings

- Standing Council Meetings

b) The Chairman or the Vice Chairman, authorized by the Chairman, presides over Council sessions.

c) Council members are summoned to participate according to the nature, requirements, and content of the meeting.

- In meetings concerning urban planning, technical infrastructure, and urban-rural development, the participation of architects and related professionals must constitute at least 60%.

- In meetings concerning urban architecture and landscape, the participation of architects must constitute at least 70%.

d) At Council sessions, all members and attendees have the right to express opinions, vote, or record their opinions on "Opinion Contribution Forms."

3. Operating Expenses

a) Annual operating expenses of the Council are funded from the local budget according to the Budget Law. Expenditures for Council activities are implemented according to current regulations:

- Expenses for meetings, administrative, and office operations;

- Expenses for consulting and criticism as stipulated in projects;

- Other expenses may be funded from legitimate sources as prescribed by law.

b) The regulation and management of Council operating expenses will be handled by the Department of Construction, and for Hanoi and Ho Chi Minh City, by the Department of Urban Planning and Architecture, and they are accountable to the Provincial People's Committee Chairman regarding the management and use of the budget.

4. Term of Office of the Council

a) The term of office of the Council is five years. One month before the current Council ends, the next Council must be established.

b) The addition or change of Council members is decided by the Provincial People's Committee Chairman based on the proposal of the Council Chairman.

5. Information and Reporting System of the Council

a) The Council's conclusions are reported to the provincial leadership immediately after the meeting results are finalized.

b) The Provincial People's Committee Chairman or the Council Chairman decides on the public announcement via local media of the results of meetings selecting, contributing opinions, and criticizing architectural and urban planning solutions that have significant impacts on economic, cultural, social, and environmental development.

IV. IMPLEMENTATION

1. The Provincial People's Committee bases this circular to issue decisions establishing, organizing, and operating the Provincial Urban Planning and Architecture Council, adapting to the actual conditions of the locality.

2. The Director of the Department of Construction, and for Hanoi and Ho Chi Minh City, the Director of the Department of Urban Planning and Architecture, is responsible for submitting to the Provincial People's Committee the organizational and operational regulations, and the annual budget estimates of the Provincial Urban Planning and Architecture Council, adapting to the specific circumstances of the locality.

V. EFFECTIVE IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. During the implementation process, if any issues arise or difficulties occur, relevant localities, organizations, units, and individuals shall promptly reflect them to the Ministry of Construction for study and resolution.