Decree No. 29/2007/ND-CP on Urban Architecture Management

DECREE

On urban architecture management

________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the work of urban architecture management, the rights and responsibilities of organizations and individuals related to urban architecture.

Article 2. Applicability

Domestic organizations and individuals, foreign organizations and individuals related to urban architecture within the territory of Vietnam must comply with the provisions of this Decree.

Article 3. Definitions

In this Decree, the terms and concepts are understood as follows:

1. Urban area refers to the administrative boundary limits of cities, towns, and townships; including districts and wards, excluding the suburban areas.

2. Urban space encompasses all spaces within the urban area, including: urban architectural objects and the remaining open spaces after construction in front, back, above, below, and beside urban architectural works.

3. Urban architecture is the physical urban space comprising: various types of buildings; urban technical, artistic, and landscape works; advertisements; public spaces and planned constructions whose existence, images, and styles directly influence the urban appearance.

4. Urban landscape is a specific space with multiple viewing angles within the urban area such as: the space before architectural complexes, squares, streets, sidewalks, pedestrian paths, parks, greenery, flower gardens; hills, mountains, mounds, islands, riverine areas, natural slopes, coastal strips, lake surfaces, river surfaces, canals, and creeks through the urban area and shared spaces within the urban area.

5. Architectural complex is a cluster of buildings or group of works in the urban area that have close and synchronized technical and functional connections between components.

6. Urban architecture management regulations are the rules for urban architecture management issued by People's Committees at all levels aiming to manage urban architecture according to this Decree and relevant legal documents.

Article 4. Requirements for urban architecture

When new construction, renovation, refurbishment, or repair of urban architectural works is carried out, they must meet the following requirements:

1. Consistency with the approved orientation for the development of Vietnamese architecture and compliance with the approved urban planning.

2. Safety and sustainability during use, suitability for all users when accessing urban architectural works.

3. Harmony among elements forming urban architecture such as materials, colors, decorative details; ensuring overall order, integration with the surrounding landscape, and suitability for the function of the work.

4. Ensuring uniformity and harmony in form; exterior details; ground level, height of the first floor of architectural works along each street or urban area.

5. Respect for traditional architectural elements, local characteristics, climate, customs, and traditions, and protection of the landscape and environment.

Article 5. Urban architecture management regulations

1. Urban architecture management regulations serve as the basis for establishing tasks and contents of detailed urban refurbishment planning, urban design, and specifying the contents of permits for new construction, renovation, and refurbishment of urban architectural works.

2. Urban architecture management shall be conducted based on the following principles:

- Unified management from the overall space to specific spaces within the urban area;

- Ensuring continuity and consistency in architectural aspects of each area within the urban area;

- Suitability with local characteristics and conditions;

- Before promulgating urban architecture management regulations, opinions of urban planning and construction management agencies, urban architecture associations, and community opinions in the area where the regulations are established must be solicited.

3. Hierarchical establishment, approval, and issuance of urban architecture management regulations:

a) People's Committees of cities classified as type 1 or higher organize the establishment, approval, and issuance of urban architecture management regulations after receiving the review opinion of the Ministry of Construction;

b) People's Committees of cities classified as type 2 or 3 and districts organize the establishment of urban architecture management regulations, submitting them to the provincial People's Committee for approval;

c) People's Committees of cities classified as type 2 or 3 and district-level People's Committees establish, approve, and issue urban architecture management regulations for wards and towns under their jurisdiction, consistent with the approved urban architecture management regulations as stipulated in point b of this clause.

4. The Ministry of Construction will specify and issue models of urban architecture management regulations.

Article 6. Uniformity and advisory role in urban architecture management

1. To ensure sustainable, harmonious, beautiful, modern, and distinctive urban development, it is necessary to promote the advisory role of the Architecture and Planning Council, related professional associations, and towards establishing the position of Chief City Architect.

2. The Ministry of Construction is responsible for coordinating with the Ministry of Home Affairs to define and guide the organizational structure, functions, tasks, and authorities of the Architecture and Planning Councils at all levels, the advisory regulations of professional associations, and research proposals for establishing the position of Chief City Architect; coordinating with the Ministry of Finance to define the operating budget of the Architecture and Planning Councils at all levels, and submitting these to the Prime Minister for consideration and decision.

Article 7. Selection process and public consultation on architectural design plans for construction projects

1. For urban architectural works specified in Clause 2 of Article 55 of the Construction Law, the project owner must organize an architectural design competition.

2. Other urban architectural works not required to hold a competition but having a special position or location affecting the urban appearance must seek opinions from professional associations or urban architecture experts, the Architecture and Planning Council, and consider public opinions before approval.

Article 8. Management and storage of documents related to urban architecture

1. Legal documents, files, drawings, models, descriptions, and management regulations on urban planning and urban architecture (hereinafter referred to as documents) include:

- Documents on urban planning and regional landscape architecture.

- Documents on architectural works and details of architectural works in the urban area.

- Other relevant documents.

2. Documents must be managed and stored at state management agencies for construction, architecture, planning; conservation, cultural agencies; consulting organizations, project sponsors, construction contractors, and owners of urban architectural works. The management, storage, and exploitation shall be carried out in accordance with the laws on archives.

Chapter II

URBAN ARCHITECTURE MANAGEMENT CONTENT

Article 9. Provisions for Urban Architecture

1. When constructing new, renovating, refurbishing, upgrading urban architectural works, they must comply with detailed planning approved by competent authorities and adhere to construction permits and regulations stipulated in the Urban Architecture Management Regulations of localities.

2. It is not allowed to add structures using any material to increase area or expand侵占建筑空间。如果违规，将受到行政处罚，并必须按照法律规定拆除。

3. New urban architecture constructed according to approved construction planning or permitted refurbishment and renovation must ensure aesthetics, safety, and compatibility with surrounding spaces, especially for buildings facing streets, seas, rivers, canals, creeks, lakes.

4. The remaining land when implementing land clearance work according to planning must have sufficient area and shape as prescribed by the Construction Law and the Urban Architecture Management Regulations of local authorities to obtain a construction permit.

5. When renovating, refurbishing, restoring, and maintaining ancient buildings, materials different in nature or color from those originally used in the building may not be used.

6. For new architectural constructions in areas recognized as architectural heritage sites, materials similar in color and quality to existing structures in the area must be used.

7. The exterior of urban architectural works may not use colors or materials that cause glare or excessive reflection beyond standards for hygiene and health safety.

Article 10. Provisions for Urban Architectural Complexes

Urban architectural complexes are regulated as follows:

1. The maximum length along a straight line along the road must ensure natural ventilation standards for the rear area, facilitate traffic, and firefighting operations.

2. The maximum height of architectural works is calculated from the sidewalk elevation specified in the construction permit, which is the upper limit of the building's construction. Additional architectural objects higher than the permitted height may not be constructed or installed.

3. The setback of the building from the red line must comply with the detailed planning scheme at a scale of 1/500 approved by competent authorities and the Urban Architecture Management Regulations.

4. New architectural works built on plots where roads intersect must ensure unobstructed views, safety, and convenience for traffic participants.

Article 11. Provisions for Urban Landscape

1. Urban landscapes are directly managed by urban authorities, and owners of urban architectural works are responsible for protecting and maintaining them during operation and use in accordance with the Urban Architecture Management Regulations.

2. When constructing urban architectural works in areas listed under urban landscape management by local authorities, changes to the original terrain must be minimized and must be approved by local authorities.

3. For areas with historical-cultural relics, scenic spots, national or local conservation zones, urban authorities must cooperate with specialized agencies and research organizations to affirm scientific value before proposing conservation and exploitation regulations.

4. Ancient trees in natural gardens, villas, temples, shrines, pavilions, churches, historical-cultural relics, and public urban works must be preserved. Green space management agencies must cooperate with owners to compile lists for protection, management, and care in accordance with current regulations.

5. Sidewalks and pedestrian walkways in cities must be constructed harmoniously in terms of elevation, material, and color along each street; planting pits must have appropriate dimensions in width and flatness to ensure safety for pedestrians, particularly those with disabilities, and facilitate tree maintenance.

Article 12. Provisions for Advertising in Cities

Outdoor advertising structures or those attached to urban architectural works must comply with advertising laws. Unauthorized advertisements are strictly prohibited.

Article 13. Provisions for Urban Housing

1. For housing in old town areas or other areas classified as heritage sites, urban authorities must organize research and propose solutions to preserve the original architectural characteristics of old houses and streets. Any changes, repairs, maintenance, or renovations must comply with cultural heritage laws and the Urban Architecture Management Regulations.

2. For housing in old neighborhoods listed for preservation according to urban authority regulations, renovations and refurbishments must follow approved detailed construction plans or upgrade projects approved by competent authorities.

3. For listed preserved villa and garden houses in cities, their original appearance, building density, number of floors, height, and architectural style must be maintained. If restoration or repairs are required, they must meet the requirements set forth in Clause 2 of this Article.

4. New street-front housing must comply with detailed planning approved by competent authorities. When constructed sequentially, subsequent buildings must also consider the ground level, floor height, and color of previously approved buildings.

5. For residential buildings in apartment complexes or collective housing that have exceeded their service life or deteriorated and are included in the list of dangerous buildings, urban authorities must develop plans to relocate residents from hazardous areas to organize renovations, upgrades, or construction of new apartment buildings according to detailed planning schemes approved by competent authorities; ensuring safety, convenient traffic, environmental sanitation, and technical infrastructure connectivity.

Article 14. Provisions for energy supply and urban lighting facilities

1. Existing transformer stations, if affecting the aesthetics or urban traffic, urban authorities must take measures to renovate or construct new ones to replace them, ensuring safety and aesthetic requirements, and must arrange for underground cables to the maximum extent possible.

2. Urban power supply lines must be reasonably arranged on the principle of replacing bare wires with insulated wires, moving towards full undergrounding.

3. Public lighting on streets or for specific structures, in squares, parks must be reasonable regarding function, location, lighting time, brightness, safety, efficiency, and energy conservation. Lighting in the aforementioned areas must comply with urban construction planning and current lighting standards. It is prohibited to excessively use lighting that affects the environment, human health, safety, and urban aesthetics.

4. Gasoline, diesel fuel, and heating gas stations must be located according to approved urban construction planning, ensuring urban aesthetics, appropriate distances, and safety from residential areas or places where large crowds gather.

Article 15. Provisions for urban water supply, drainage, and sanitation facilities

1. Water supply facilities, sewage treatment plants, pumping stations, water storage tanks, water towers, sewage intake points, stormwater drains, manhole covers, trash screens installed on streets or pedestrian paths must be designed and installed using suitable materials, meeting specifications, being durable and safe for people and vehicles, and maintaining urban aesthetics. Fire hydrant outlets arranged on streets must have appropriate spacing, be numbered for control, painted in easily recognizable colors, and placed in sufficiently wide areas for fire trucks to enter and exit.

2. Riverbanks and lake shores passing through urban areas must be reinforced; if there are fences or railings, architectural solutions must be reasonable; the structure of water discharge outlets must ensure safety, aesthetics, and compatibility with the overall landscape.

3. Public restrooms on city blocks and streets must ensure aesthetics and convenience for all users.

4. Trash bins on city streets must be placed at designated locations, ensuring aesthetics, appropriate sizes for all users, ease of use, and easy recognition.

Article 16. Provisions for urban transportation facilities

1. For urban transportation facilities and auxiliary transportation facilities: they must be designed in a coordinated manner to ensure circulation for people and vehicles; meet standards for lighting, environmental sanitation, and firefighting operations; have designs, colors that meet urban aesthetics and characteristics, and are compatible with other related urban facilities. Priority should be given to dedicated lanes for disabled and visually impaired individuals.

2. For urban traffic safety facilities: they must be designed in coordination with the transportation system, ensuring rapid evacuation of people in case of fire or natural disasters; having signals easily recognizable by disabled individuals; having dimensions, designs, and colors that meet urban aesthetics and characteristics.

Article 17. Provisions for urban information facilities

1. When constructing new TV towers in urban areas, suitable locations must be chosen regarding the landscape, ensuring service radius, and complying with approved urban construction planning.

2. Antennas for receiving and transmitting signals must be installed at positions permitted by urban management agencies.

3. Telephone and information cables must be replaced with composite cables; unused equipment and lines must be removed, moving towards full undergrounding.

4. Information technology boxes, mailboxes, public telephone booths, and information devices on sidewalks must be arranged according to approved planning, fitting sidewalk dimensions, and having designs and colors that are harmonious, user-friendly, and not obstructing pedestrians.

5. The Post and Telecommunications Ministry shall specify and guide detailed implementation of urban information system line and equipment management.

Article 18. Management of maintenance and upkeep of facilities

1. Urban authorities must establish maintenance and upkeep procedures for urban architecture in accordance with construction laws, ensuring safety during use and maintaining urban aesthetics.

2. When parts of urban architectural facilities are damaged or deteriorate before the scheduled maintenance period, urban authorities or authorized agencies must inform and direct facility owners or users, and management agencies to promptly repair and maintain them.

Article 19. Provisions for special areas within urban areas

1. Special areas include mainly the following:

a) Old city centers, special city centers, or areas with high building density;

b) Ancient streets, ancient villages within cities, conservation zones, historical-cultural relics, scenic spots;

c) Old streets with architectural heritage value;

d) Areas specialized for tourism, sports, culture;

đ) Coastal, riverbank, lakeside, canal, creek areas; hills, mountains, forests; special landscape areas.

e) Streets with various types of deteriorating housing or many temporary houses;

g) Residential development areas, new urban zones.

In cities with special areas, urban authorities must coordinate with relevant agencies, direct specialized agencies to survey, measure, research, and compile statistics as a basis for zoning, establishing urban architectural management regulations; developing plans for preservation, restoration, recovery, renovation, or upgrading according to needs and urban management levels.

2. For other special urban areas such as near railways, expressways, airport zones, dike protection corridors, military bases, new construction or renovation of urban architectural facilities must comply with traffic corridor safety regulations, dike protection, and national security regulations.

3. Residential areas and urban architectural works located within the protection zone of high-voltage power transmission lines must comply with the relevant laws on electricity.

Article 20. Provisions on Special Urban Architectural Works

1. Religious and belief buildings in urban areas when constructing, renovating, or restoring must be carried out in accordance with the construction law, religious and belief regulations, cultural heritage laws, and related provisions in this Decree.

2. Urban architectural works of national historical and cultural significance, statues of national figures, and common cultural symbols of the city must establish separate management regulations.

3. Special architectural works such as monuments, decorative structures, fountains, and garden landscapes in the city must be arranged according to approved planning; their shapes, scales, and materials must be suitable for actual conditions and reflect the cultural style of each region.

Article 21. Provisions on Other Types of Urban Architecture

1. New public offices, sports, cultural facilities, schools, hospitals, and healthcare institutions built in urban residential areas must comply with approved construction planning; they must have appropriate setbacks from roads to facilitate the assembly and evacuation of people and vehicles when necessary.

2. New markets and supermarkets built in cities should have parking lots reasonably arranged, meeting the required area standards, being convenient and safe, not affecting pedestrian traffic on sidewalks; ensuring order, hygiene, and street aesthetics.

3. The positions and sizes of gates, fences, locations for displaying state emblems, hanging national flags, symbols, nameplates, and addresses of agencies must be designed appropriately; creating solemnity and dignity without obstructing views; timely replacement is required upon damage.

4. Industrial buildings and production workshops existing in urban areas that negatively impact the environment must be relocated or converted in function.

5. Urban architectural works serving security and defense purposes, as stipulated by the law on national defense, must obtain permission from competent authorities when changing content, purpose, or expanding development; construction must not affect safety, landscape, and environmental quality of the city.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

URBAN ARCHITECTURE PROVISIONS

Article 22. Responsibilities of Owners, Investors, and Users of Urban Architectural Works

1. Adhere to urban architectural management regulations issued by urban authorities and other related urban management regulations; protect and maintain the current condition and image of owned and used architectural works; promptly repair damaged works.

2. Investors constructing or renovating urban architectural works must implement approved construction planning and urban architectural management regulations. Changes to architecture, usage functions, load-bearing structures, additions or removals of parts, alterations in roof material, color, cladding, details, or exterior components can only be made after obtaining permission from competent authorities; failure to comply with urban architectural management regulations will result in administrative penalties and mandatory removal as prescribed by law.

3. Investors constructing or renovating urban architectural works must study and consider professional associations' advice and critiques on urban architecture before selecting architectural schemes for project approval.

4. When leasing urban architectural works for use, owners must sign contracts including all requirements and contents specified in Clauses 1 and 2 of this Article.

5. Organizations or individuals actually using but not owning the works must also fully comply with the contents specified in Clauses 1, 2, and 3 of this Article.

Article 23. Responsibilities of Design Consultants

Urban architectural design consultants, such as design organizations, authors, and project leaders, have the right to supervise according to the law; they are responsible for aesthetics, durability, safety, rational use, and compatibility with the urban architectural environment.

Article 24. Responsibilities of Construction Contractors

Construction contractors of urban architectural works are responsible for completing projects according to designs, deadlines, and contractual commitments; during construction, completion, repair, and maintenance, measures must minimize negative impacts on communities; they share responsibility with investors for restoring damaged urban landscapes caused by construction.

Article 25. Community Supervision of Urban Architecture

1. Communities or individual residents have the right to supervise urban authorities, organizations, and individuals in implementing construction laws, urban architectural management regulations; in maintaining, utilizing, repairing, and refurbishing urban architectural works and landscapes according to current laws.

2. Communities or individual residents have the duty and right to report violations of urban architectural management regulations in their areas to directly managing urban authorities.

3. Basis for supervision includes: relevant legal documents on urban architecture, detailed planning drawings at a scale of 1/500, urban design plans, models based on approved detailed planning, issued urban architectural management regulations, and construction drawings of projects approved and published by competent authorities.

Chapter IV

STATE MANAGEMENT OF URBAN ARCHITECTURE

Article 26. State Management Responsibilities for Urban Architecture

1. The Ministry of Construction assists the Government in uniformly managing state affairs concerning urban architecture and performs the following tasks:

a) Drafting, adjusting, amending, and supplementing guiding documents on urban architectural management;

b) Leading and coordinating with relevant ministries, sectors, and localities in implementing, promoting, and organizing the enforcement of this Decree.

c) Guide localities in implementing government documents on urban architectural management and architectural design competitions; respond to requests from localities, organizations, and individuals regarding urban architecture within their functional scope;

d) Inspect and audit urban architecture according to the provisions of the law; respond to complaints and reports;

2. Ministries, ministerial-level agencies, and government agencies within their respective tasks and authorities shall be responsible for coordinating with the Ministry of Construction to guide localities in implementing state management over urban architecture;

Article 27. Responsibilities of People's Committees at all levels

People's Committees at all levels are fully responsible for the appearance of urban architecture and handling violations of urban architecture within their jurisdiction. They must implement the provisions of this Decree and the following tasks within their functional scope:

1. Draft Urban Architectural Management Regulations, organize public consultations, provide guidance, monitor, supervise, and organize the implementation of Urban Architectural Management Regulations;

2. Define responsibilities for subordinate agencies concerning urban architectural management within their jurisdiction; delegate specific tasks to units and individuals directly responsible for monitoring, supervising, and implementing Urban Architectural Management Regulations;

3. Directly examine and decide within their authority on matters related to urban architectural management such as investment policies for construction projects, project contents, construction procedures, management, operation, maintenance, repair, and renovation of architectural works, urban landscapes, and construction environments;

4. Notify owners or users about the condition of damaged urban architecture; handle information reported by citizens regarding the implementation of Urban Architectural Management Regulations against organizations and individuals involved in new construction, ownership, and use of urban architectural works; impose penalties, handle, and enforce violations of Urban Architectural Management Regulations according to the law;

5. Direct specialized agencies to select typical areas for research and pilot urban models, eventually developing comprehensive urban models at appropriate scales for easier management;

6. Organize the dissemination and implementation of government documents on urban architectural management;

7. Direct specialized agencies under construction, planning, architecture, culture, information, postal services, telecommunications, transportation, civil affairs, natural resources, environment, industry, and other relevant agencies to implement urban architectural management according to their functions and tasks;

8. Assign, organize, and oversee the implementation of this Decree and the Urban Architectural Management Regulations within their jurisdiction;

9. Summarize and report results periodically; propose content and methods for managing urban architecture and urban beautification to higher authorities;

Article 28. Inspection, Audit, Reporting, and Handling Violations

1. Construction inspection agencies are responsible for inspecting and auditing the implementation of Urban Architectural Management Regulations within their jurisdiction, regularly reporting to urban authorities and direct management agencies;

2. Organizations and individuals violating Urban Architectural Management Regulations and provisions of this Decree will be handled according to the law based on the severity of the violation.

Chapter V

IMPLEMENTATION

Article 29. This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.