Decree No. 38/2010/NĐ-CP stipulates urban space, architecture, and landscape management for organizations and individuals operating within the territory of Vietnam. This decree focuses on protecting and developing urban spaces according to planning, while defining the responsibilities of urban authorities and related agencies.
적용 범위
Domestic and foreign organizations and individuals involved in activities related to urban space, architecture, and landscape within the territory of Vietnam.
핵심 사항
- Urban authorities manage urban space, architecture, and landscape comprehensively according to approved planning schemes and designs.
- Organizations and individuals have the obligation to protect and maintain urban space, architecture, and landscape when residing or operating in urban areas.
- Architectural design competitions for large public works and those with special architectural requirements.
- Specific regulations on managing new development zones, conservation areas, other urban areas, and transitional zones between urban and suburban areas.
- Ensuring aesthetic appeal, safety, and convenience for pedestrians in the design of telecommunications facilities.
🌐 이 문서의 사회적 영향
- Positive impact: Creating visually appealing urban spaces harmonious with traditional and modern architecture.
- Negative impact: May cause difficulties in constructing or renovating buildings due to detailed design and management regulations.
- Benefit: Preserving the cultural and historical value of the city.
- Cost: Increased construction investment costs due to compliance with architectural design regulations.
- Affected parties: Building owners, construction contractors, design consulting organizations.
❓ 자주 묻는 질문
What can organizations and individuals do when living or operating in urban areas?
Organizations and individuals have the right to enjoy urban space, landscape, and architecture, and must protect, maintain, and comply with laws related to the exploitation and use of urban space, landscape, and architecture.
For which projects is the architectural design competition applied?
Architectural design competitions are conducted for large-scale public works and those with special architectural requirements.
What are the specific regulations regarding the management of transitional zones between urban and suburban areas?
Green spaces, water bodies, and special ecological areas must be protected, maintained, and enhanced; they may not be encroached upon or misused.
Which constructions need to comply with regulations on urban space, architecture, and landscape management?
All new construction, renovation, and refurbishment projects within urban areas must comply with these regulations.
When does this decree take effect?
This decree takes effect from May 25, 2010.
전문
DECREE
On urban space, architecture, and landscape management
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Urban Planning Law dated June 17, 2009;
Considering the proposal of the Minister of Construction,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates on urban space, architecture, and landscape management; it also specifies the rights, obligations, and responsibilities of organizations and individuals involved in urban space, architecture, and landscape activities.Organizations and individuals within and outside Vietnam conducting activities related to urban space, architecture, and landscape within the territory of Vietnam must comply with the provisions of this Decree.
Article 2. Applicability
Article 3. Principles of Urban Space, Architecture, and Landscape Management
1. The Government shall uniformly manage and delegate levels of management for urban space, architecture, and landscapes. City People's Committees, district People's Committees, and town People's Committees (hereinafter referred to as urban authorities) shall comprehensively manage urban space, architecture, and landscapes within their administrative boundaries. Local agencies responsible for urban planning and architectural management shall assist urban authorities in managing urban space, architecture, and landscapes.
2. Management of urban space, architecture, and landscapes must follow urban plans, urban designs, and urban planning and architectural management regulations. For urban areas, streets without detailed plans, urban designs, or urban planning and architectural management regulations, management shall be carried out according to construction planning standards and technical specifications issued by competent state agencies and must be consistent with the provisions of this Decree.3. Ensure consistency in management from overall urban space to specific urban spaces; there must be continuity in urban architecture and landscape, and they must be compatible with natural conditions and characteristics, while respecting local customs and culture; traditional values should be promoted to preserve the identity of each region and area in urban architecture and landscapes.
4. Management of urban space, architecture, and landscapes must be based on approved urban plans and designs, and must be specifically defined by urban planning and architectural management regulations by urban authorities.
Article 4. Provisions on the Use and Exploitation of Urban Space, Architecture, and Landscapes
All organizations and individuals living and operating regularly and irregularly in cities have the right to enjoy urban space, landscapes, and architecture; at the same time, they must fulfill the obligation and responsibility to protect, maintain, and comply with laws related to the exploitation and use of urban space, landscapes, and architecture.
Article 5. Architectural Design Competitions
Large public works, projects with special architectural requirements, and those with significant importance and position in the city must conduct design competitions or selection processes according to current regulations before initiating investment and construction projects. It is encouraged to organize design competitions or selection processes for other projects in the city.
CONTENT OF URBAN SPACE, ARCHITECTURE, AND LANDSCAPE MANAGEMENT
Article 6. General Provisions on Urban Space, Architecture, and Landscapes 1. Regarding urban space:
Chapter II
a) Overall urban space and specific urban spaces are managed according to approved urban planning schemes, urban designs, and urban planning and architectural management regulations;
b) Existing urban space is managed according to basic areas: new urban development zones; conservation zones; other urban zones; urban-rural fringe zones;
c) Ensure connectivity and close relationships in space and landscape between inner-city and outer-city regions;
d) Combine topography, greenery systems, water surfaces, existing transportation systems to create interconnected urban spaces, natural ventilation, and improved urban environment;
đ) Urban design should rationally utilize natural landscapes to create aesthetic value, integrate with convenience, enhance the efficiency of space usage, and protect the urban environment.
2. Regarding urban landscapes:
a) Urban landscapes are directly managed by urban authorities. Owners of architectural and landscape works in urban areas have the responsibility to protect and maintain them during exploitation and use;
b) Construction, renovation, and refurbishment of architectural works in urban landscape areas designated by urban authorities for management must minimize changes to the terrain and ensure sustainable development of the natural environment;
c) For areas with landscapes associated with historical-cultural relics, scenic spots, conservation zones,
urban authorities must base on the Cultural Heritage Law and current regulations, collaborate with specialized agencies to conduct research
, evaluate their value before proposing appropriate conservation and utilization solutions.
3. Regarding urban architecture: a) New construction, renovation, refurbishment, and upgrading of architectural works in urban areas must comply with approved urban plans and designs, follow construction permits, and adhere to local urban planning and architectural management regulations;b) Unauthorized occupation of urban space for the purpose of increasing building usage area is prohibited;
c) The area and size of land for constructing buildings or houses must meet current legal regulations and local urban planning and architectural management regulations to obtain a construction permit;
d) For newly constructed buildings within recognized cultural heritage zones, architectural forms suitable for the context must be studied, and materials similar in color and material to heritage structures in the area must be used;
đ) The exterior of urban architectural works must not use colors or materials that affect human vision, health, hygiene requirements, and traffic safety.
c) The area and dimensions of the construction land for projects or houses must comply with current legal regulations and the urban planning and architectural management regulations of the locality to be granted construction permits;
d) For new construction projects within areas recognized as cultural heritage sites, architectural forms must be studied to ensure compatibility, and materials used must match the color and material of the heritage structures in the area;
đ) The exterior of urban architectural structures shall not use colors or materials that affect human vision, health, hygiene requirements, and traffic safety;
Article 7. Provisions for new development areas
New development areas, including new urban areas, expanded areas, renovated and refurbished urban areas, must meet the following requirements:
1. Space, landscape, and architectural works must be managed according to approved urban planning schemes and regulations on urban planning and architectural management.
2. Construction projects must comply with architectural forms, colors, and materials stipulated in the regulations on urban planning and architectural management of the area. The construction of exemplary new urban areas is encouraged.
Article 8. Provisions for conservation areas
Conservation areas listed in the conservation directory or designated by competent authorities must meet the following requirements:
1. The space in conservation areas must be preserved and enhance the distinctive value of the existing space, architecture, and landscape.
2. Surrounding and internal spaces, greenery, water bodies around and within the premises of historical-cultural relics, scenic spots, and landmarks must comply with laws on cultural heritage and be strictly managed and controlled.
3. Any changes to the terrain and natural landscape such as leveling, filling land, hills, lakes, ponds, greenery, and water surfaces must follow approved urban planning and design schemes.
4. In conservation areas, the maximum height of newly constructed buildings must adhere to urban planning regulations controlling building heights; façades, forms, materials, and colors of roofs, gates, walls, and fences should maintain the original architectural style and landscape of the area.
5. Ensure harmony and consistency between new construction, repair, and restoration works and preserved structures regarding architectural forms, materials used, roof and exterior decoration colors.
Article 9. Provisions for other urban areas
1. Old cities and central urban areas with high building density are encouraged to increase green space, traffic area (including static traffic), public space, and reduce building density. Urban authorities shall specify the maximum building density, minimum green space ratio, and land for public space according to current standards and regulations; they shall outline implementation timelines and plans in the regulations on urban planning and architectural management.
2. Urban areas with special characteristics such as tourism, sports, and culture must reflect the distinctiveness of the area, create open spaces, ensure spatial structure, and be suitable for their functions.
3. Coastal, river, canal, pond areas surrounding urban lakes; hills, forests; and special landscape areas must retain their distinctive beauty, urban aesthetics, environment, and ensure sustainable development.
4. Neighborhoods with deteriorating residential areas along streets require urban authorities to develop renovation, refurbishment, and new construction plans according to current regulations; they should also have support plans when necessary..
5. Urban areas near railways, rivers, expressways, airport zones, dikes, power transmission lines, military bases, new construction and urban architectural refurbishment must comply with safety regulations for road, river, railway, aviation, dike, and power transmission line protection corridors, clearances, and other conditions as prescribed by law. fully for traffic protection zones along roads, rivers, railways, airports, dikes, power transmission lines, clearances, and other conditions as stipulated by law;
Article 10. Provisions on the space of adjacent urban and suburban areas.councillORS
Clause 1. The scope and boundaries of the adjacent urban and suburban areas shall be determined by the urban administration for management purposes in the Urban Planning and Architecture Management Regulations.
Clause 2. Green spaces, water surfaces, and special ecological areas must be protected, maintained, and enhanced; they shall not be encroached upon or misused; it is encouraged to increase green space and water surface indices.
Clause 3. Historical and cultural relics, representative architectural works with traditional value within the area must be protected according to the provisions of the Cultural Heritage Law and other relevant current laws.
Clause 4. For rural garden houses with distinctive traditional architectural values identified by the urban administration for protection, the division of existing land plots into smaller ones should be minimized. When constructing new buildings within these garden house premises, permission from competent authorities is required and must comply with the planning and architectural management regulations of the area. Clause 5. New construction projects must ensure the preservation and promotion of local cultural traditions, harmonizing with the surrounding landscape. High-density housing, high-rise buildings, flat-roofed houses, and row houses should be limited.
Article 11. Provisions on the street and square landscape. Clause 1. Encouragement is given to combine small plots of land into larger ones for the construction of integrated and synchronized projects; creating public spaces, urban landscapes, and improving urban quality and environment; constructions must comply with setback requirements.
Clause 2. The height of buildings, base height, roof height, first-floor canopy height, vertical and horizontal proportions, density, window and door placement facing the street must ensure continuity and harmony for the entire street's architecture.
Clause 3. In main city streets and central squares, the use of colors and exterior finishes of buildings must ensure overall harmony along the street and in the area, and must be stipulated in the construction permit; depending on the location, solemnity, representativeness, harmony, elegance, or preservation of the original state should be emphasized.
Clause 4. Urban amenities such as benches, disabled pathways, streetlights, signs, and directional boards must ensure aesthetics, safety, convenience, uniformity, and harmony with architectural proportions..
Clause 5. Sidewalks and pedestrian walkways in cities must be constructed consistently, matching the elevation, materials, and colors of each street and area within the city; planting pits must have appropriate dimensions, ensuring safety for pedestrians, especially those with disabilities; facilitating the maintenance and care of plants.
Clause 6. For the square area landscape, new construction projects must meet proportional relationships; clearly reflecting the characteristics and significance of each square space.
Article 12. Provisions on park and greenery landscapes, artificial landscapes.
Clause 1. Urban trees must be planted, cared for, maintained, protected, classified, and arranged according to planning, standards, criteria, and current laws.
Clause 2. Ancient trees in urban areas, within the premises of various structures, in natural gardens, villas, garden houses, temples, pagodas, shrines, churches, historical and cultural sites, and urban public facilities must be protected and managed according to legal provisions.
Clause 3. It is encouraged to plant tree species suitable for the functions of different areas and the nature of the city and urban areas, ensuring ecological environments; selecting tree types that harmonize color combinations, dynamically highlighting unique features of the area and the city.
Clause 4. For artificial landscapes such as ponds, lakes, streams, miniatures, greenery, and artificial mountains, design must be reasonable, construction must be synchronized, harmonizing with the environment and fitting the function, regional characteristics, and nature of the city and urban areas.
3. Encourage planting tree species suitable for the functions of different areas and the characteristics of urban areas, ensuring ecological environments; select tree types that harmonize in color, creating lively features distinctive to each area and the city;
4. Artificial landscapes such as ponds, lakes, streams, small gardens, greenery, artificial mountains must be designed reasonably, constructed in a coordinated manner, harmonizing with the landscape, environment, and fitting the functions and regional characteristics of urban areas;
Article 13. Provisions on natural landscapes
1. Natural landscapes within urban areas must be strictly protected, maintaining the natural topographical characteristics of the area.
2. Areas with natural landscapes, vegetation cover, natural ecosystems, hills, mountains, coastlines, river mouths, water surfaces that directly or indirectly affect the quality of the environment and sustainable development of the city must be delineated, usage guidelines provided, and protection measures implemented.
3. All activities that harm or alter the appearance of natural landscapes, scenic spots, or change the natural appearance of the city (such as lakes, rivers, streams, canals, ditches, ponds, hills, and mountains...) are prohibited. The filling and alteration of natural topographical features of the city must be minimized to the greatest extent possible.
Article 14. Provisions on Urban Architectural Complexes
For urban architectural complexes or groups of buildings that have close functional and technical interconnections between their components, when constructing anew, it must ensure:
1. The maximum length of the architectural complex or group of buildings must comply with current construction standards and regulations, ensuring natural ventilation for the area, facilitating traffic, and fire prevention and firefighting operations.
2. Building height must be reasonable in space, complying with construction permits, without adding additional architectural structures higher than the permitted building height.
3. The setback of buildings must be consistent with approved master plans and provisions in the Urban Planning and Architecture Management Regulations. Encouraging increased setbacks to create space, increase green areas, and reduce building density.
4. New constructions at street corners must ensure visibility, safety, and convenience for traffic participants.
Article 15. Provisions on Urban Housing
1. For housing in old neighborhoods, villas, and garden houses with private courtyards listed for preservation in urban areas, the original appearance must be maintained, ensuring building density, number of floors, height, and architectural style.
2. When new street-front houses are not constructed simultaneously, subsequent houses, in addition to conforming to approved detailed planning, must also consider the ground level, first-floor height, balcony height, overhang height and projection, and color of previously permitted buildings to achieve harmony and uniformity along the entire street.
3. For residential buildings and collective housing units that have exceeded their service life and deteriorated, listed as dangerous buildings, the urban authority must develop relocation plans for residents from hazardous areas, renovation, and new construction according to detailed planning approved by competent authorities, ensuring synchronized technical infrastructure, social infrastructure, environmental hygiene conditions, and improving urban quality.
Article 16. Provisions on Specialized Projects
1. Urban architectural works with national or local historical and cultural significance, religious and belief structures, statues of eminent figures, and urban cultural symbols must have specific management regulations established by the urban authority and included as part of the Urban Planning and Architecture Management Regulations. 2. For housing in ancient neighborhoods with distinctive architectural value or historically and culturally ranked, the urban authority must organize scientific research and evaluation, and develop conservation solutions.
3. Other specialized projects such as fountains, small gardens, decorations in flower gardens, parks... must be scaled, shaped, and made of materials appropriate to the landscape, actual conditions, and reflect the cultural characteristics of each region.
3. Special structures like fountains, small gardens, decorations in flower gardens, parks... must have appropriate scales, shapes, materials matching the landscape, actual conditions, and reflecting the cultural characteristics of each region;
Article 17. Provisions for other types of architectural works
1. Administrative buildings, sports facilities, cultural facilities, schools, hospitals, newly constructed medical facilities in urban residential areas must comply with approved urban planning. In cases where detailed planning and urban management regulations have not been established, construction permits shall be based on planning standards and ensure infrastructure connectivity requirements, convenience for assembly and evacuation of people and transportation means.
2. New marketplaces and supermarkets in urban areas must have parking lots arranged according to approved urban planning, meeting area standards, ensuring safety and convenience; ensuring order, cleanliness, and street aesthetics.
3. Industrial works and existing production workshops within urban areas that negatively impact the environment must be relocated or converted to alternative uses.
4. Urban security and defense facilities when changing functions or purposes of use must obtain permission from competent authorities; construction must not affect urban safety and aesthetics, environmental conditions.
5. Independent outdoor advertising structures or those attached to urban architectural works must comply with legal provisions on advertising.
Article 18. Provisions for energy supply and urban lighting works
1. Urban authorities must take measures to renovate or construct new substations that affect aesthetics, encourage the use of new technology, ensuring safety, convenience, and aesthetics.
2. Power lines in urban areas must be reasonably arranged, replacing bare wires with insulated cables, moving towards full undergrounding.
3. Public lighting or exterior building lighting must ensure aesthetics, safety, efficiency, energy savings, and compliance with current regulations.
4. Gas stations, fuel supply stations must be arranged according to approved planning; their form and color must ensure aesthetics, with reasonable and safe distances from residential areas or places with high concentrations of people.
Article 19. Provisions for water supply, drainage, and urban sanitation works
1. Water supply, drainage, and sanitation works in urban areas must be designed, constructed, and installed in a coordinated manner, using appropriate materials, meeting specifications, being durable, ensuring aesthetics, environmental hygiene, safety, and convenience for people and transportation means.
2. River and lake embankments in urban areas need to be reinforced (with aesthetic reinforcement solutions, ensuring aesthetics, environmental conditions); architectural solutions for fenced areas and guardrails must be reasonable; outlet structures must ensure safety, hygiene, and compatibility with overall landscape aesthetics.
3. Public restrooms on streets and roads must be reasonably arranged, ensuring environmental hygiene, aesthetics, and convenience for all users.
4. Trash bins on streets must be reasonably and uniformly arranged, ensuring aesthetics, with suitable sizes and designs, for easy use and recognition.
Article 20. Provisions for urban traffic works
1. Urban traffic works and auxiliary traffic works must be designed in a coordinated manner to facilitate the movement of people and vehicles; their architectural forms and colors must meet aesthetic requirements, be easily recognizable, and reflect the characteristics of the city, harmonizing with related works in the urban area.
2. Large-scale traffic works with significant locations and impacts on urban aesthetics (bridges over rivers, overpasses, pedestrian bridges, etc.) must organize design competitions or select design proposals according to regulations before initiating investment construction projects.
Article 21. Provisions for telecommunications and information infrastructure in urban areas
1. Television towers newly constructed in urban areas must select appropriate locations regarding landscape aesthetics, ensuring service radius, and complying with approved urban planning.
2. Antenna poles, satellite dishes must be installed at positions permitted by urban management authorities and must ensure safety and aesthetic appearance in accordance with legal regulations.
3. Telephone wires, information cables, cable television, and internet cables must be replaced with combined cables having equivalent technical capabilities; plans to dismantle unused equipment and cables should be developed, aiming towards full undergrounding.
4. Public telecommunications facilities, passive telecommunications infrastructure, technical information boxes, mailboxes, public telephone booths, and information devices on sidewalks must be arranged according to approved urban planning and design, fitting street curb sizes, and having harmonious styles, colors, ease of use, and not obstructing pedestrians.
Chapter III
URBAN PLANNING AND ARCHITECTURE MANAGEMENT REGULATIONS
Article 22. General provisions
1. Urban planning and architecture management regulations apply to organizations and individuals implementing investment construction, renovation, and urban beautification projects and must align with approved urban planning schemes, management regulations based on urban planning schemes, and approved urban design schemes.
2. Urban planning and architecture management regulations include spatial management rules for the entire urban area and landscape and architectural rules for urban zones, streets, and city routes determined by urban authorities according to management requirements.
3. Urban authorities at all levels organize the establishment, approval, publication, issuance, and implementation of urban planning and architecture management regulations as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 24 of this Decree.
4. Urban planning and architecture management regulations serve as a basis for urban architecture, planning, and construction management agencies to manage investment construction, issue new construction permits, renovate and beautify architectural works, landscape designs within cities, and establish urban planning tasks, urban design tasks for areas without approved urban planning and design schemes.
Article 23. Content of Urban Planning and Architecture Management Regulations
1. Content of overall urban planning and architecture management regulations:
a) Overall urban planning and architecture management regulations are defined based on approved urban planning schemes;
b) Overall urban planning and architecture management regulations include general management rules for the entire city; determining special areas, priority management areas, and areas requiring specific regulations; provisions for areas without approved urban planning and design schemes;
c) Rules for implementing management according to approved planning; managing urban landscapes and architecture for each area according to characteristics such as: newly developing areas, conservation areas; other urban areas; areas adjacent to urban and suburban areas, areas requiring specific management regulations;
d) Responsibilities of urban authorities and related specialized agencies in organizing, directing, monitoring, and implementing urban planning; identifying areas and streets prioritized for beautification; developing plans to implement planning in places without planning, areas requiring planning adjustments, and urban design schemes.
2. Content of specific urban area planning and architecture management regulations:
a) Establish distribution diagrams for urban areas' management phases, illustrative drawings for management content for areas, streets, and routes such as central areas, administrative-political areas, commercial-service areas, cultural-sports areas, educational-training areas, heritage protection areas, squares, parks, water surfaces, main streets, city entrances determined by urban authorities according to management requirements;
b) Management regulations must align with approved district planning schemes, detailed planning schemes, urban designs, and provisions in this Decree;
c) Specific regulations on planning and architecture management for each urban area and street according to their nature, geographical features, and socio-economic conditions of the city;
d) Other contents such as: specific regulations on building height, ground level, first-floor height of houses adjacent to streets; architectural forms, materials, exterior colors, and roof colors of buildings. For areas without approved district planning, detailed planning, and urban design schemes that have been approved and issued, they should be based on the overall planning, general development orientation of the city, planning and construction standards, and actual requirements and conditions to study and formulate management regulations.
3. Urban planning and architecture management regulations are established based on the actual needs of the city such as economic-social conditions, culture, and the characteristics of the city.4. Measures to encourage participation and contributions to improve the effective use of urban space, structures, and landscapes; solutions to prohibit, limit, and encourage specific behaviors, control measures for new construction, beautification, and renovation of existing structures and landscapes.
5. The content of urban planning and architecture management regulations must be adjusted to align with the content of urban planning schemes, urban design schemes, and partial adjustments to urban planning schemes.
5. The contents of the Urban Planning and Architectural Management Regulations must be adjusted to align with urban planning designs, partial urban planning adjustments;
Article 24. Establishment, Approval, Issuance, and Announcement of Urban Planning and Architectural Management Regulationsurban architecture
1. Establishment and Approval of Regulations:
a) For cities under the Prime Minister's authority to approve urban planning, city People's Committees shall organize the establishment, approval, issuance of Urban Planning and Architectural Management Regulations; when establishing the regulations, opinions of relevant Ministries and sectors must be solicited; before approving the regulations, the Ministry of Construction's unified opinion must be obtained;b) City People's Committees that are second-tier and third-tier cities and towns shall organize the establishment of Urban Planning and Architectural Management Regulations for the cities they manage,
to submit for approval by provincial People's Committees;c) City People's Committees that are second-tier and third-tier cities and district People's Committees shall organize the establishment, approval, and issuance of Architectural Management Regulations for townships under their management, consistent with the approved Urban Planning and Architectural Management Regulations as stipulated in point a of this clause (if applicable).
2. Issuance and Announcement of Regulations: The Urban Planning and Architectural Management Regulations must be printed as publications, widely distributed, and announced on mass media at the offices of People's Committees, urban planning and architectural management agencies in cities, towns, townships, districts, and wards within thirty days from the date of approval., urban architecture for towns under their management3. Timeframe for Establishing Regulations: For first-tier cities and above, the timeframe for establishing regulations shall not exceed twelve months; for second-tier cities and below, it shall not exceed nine months.
2. Issuance and Public Announcement: The Urban Planning and Architectural Management Regulations must be printed as publications, widely distributed, and announced on mass media at the People's Committee offices, urban planning management agencies in cities, districts, towns, wards within thirty days from the date of approval;
4. Content of Provisions for Specific Urban Areas, Streets: Opinions of relevant agencies and organizations and community opinions in the areas specified in the regulations must be solicited.
4. Contents of regulations for specific urban areas, streets, routes 5. Costs for Establishing and Announcing Urban Planning and Architectural Management Regulations shall be sourced from local public economic funds. Costs are calculated based on the type of city, for urban areas based on area, and for streets based on length.
5. Costs for drafting and announcing the Urban Planning and Architectural Management Regulations6. The Ministry of Construction shall specify and issue models of Urban Planning and Architectural Management Regulations; stipulate methods for calculating costs for establishing, soliciting opinions, announcing, printing, and disseminating Urban Planning and Architectural Management Regulations; provide guidance on necessary contents to meet state management requirements.
6. The Ministry of Construction shall specify and issue model Urban Planning and Architectural Management RegulationsRESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR URBAN SPACE, ARCHITECTURE, AND LANDSCAPE
Chapter IV
Article 25. Responsibilities of Owners, Investors, and Users
Article 25. Responsibilities of owners, investors, users
1. Compliance with provisions of Urban Planning and Architectural Management Regulations issued by urban authorities and related urban management regulations; protection and maintenance of the current condition and image of owned and used architectural works; timely repair when works are damaged.
2. When constructing or renovating urban architectural projects, they must comply with urban planning and approved Urban Planning and Architectural Management Regulations. Only after obtaining permission from competent authorities can changes be made to the architectural design, usage function, load-bearing structure of the project; adding or removing parts, changing roof covering form and material, building color, cladding material, details, or external parts of the project. Failure to comply with the Urban Planning and Architectural Management Regulations and violations during construction will result in administrative penalties and forced removal as prescribed by law;
2. When constructing new or renovating and upgrading urban architectural works, the urban plan and approved Urban Planning and Architectural Management Regulations must be strictly followed. Changes to architecture, usage functions, load-bearing structures, addition or reduction of parts, changes in roof material form and color, cladding materials, details, or exterior parts of the work can only be made after obtaining permission from competent authorities. Failure to comply with Urban Planning and Architectural Management Regulations will result in administrative penalties and mandatory removal according to the law.
Article 26. Responsibilities of organizations and individuals providing design consultancy services
1. Adhere to the conditions of capacity, experience, and practice as prescribed by law.
2. Design consultancy organizations, designers of design proposals, and project leaders shall implement supervision of authors in accordance with the provisions of the law; they shall be responsible for aesthetics, durability, safety, and rationality in use, compatibility with the environment, architecture, landscape, and urban areas.
3. Comply with urban management regulations according to approved planning, construction standards, and design criteria.
Article 27. Responsibilities of construction contractors
1. Contractors building architectural urban projects have the responsibility to complete the design accurately, within the stipulated time frame, and in accordance with all commitments made in the contract.
2. During construction, completion, repair, and maintenance of the project, measures must be taken to minimize negative impacts on the local community, space, architecture, and landscape in the area where the project is being constructed.
3. Share responsibility with the project sponsor in establishing protective measures throughout the construction and demolition process; restoring the environment, space, and landscape damaged by the construction project.
4. Adhere to the provisions of the construction permit and current urban architectural regulations relevant to the project.
Article 28. The role of advisory criticism in managing urban space, architecture, and landscape
1. Urban authorities must seek opinions from the Local Architecture-Planning Council and related professional associations when formulating Urban Planning and Architectural Management Regulations.
2. Encourage organizations and individuals to study and propose solutions regarding planning, architecture, contributing to enhancing the beauty of urban space, architecture, and landscape, and limiting violations.
Article 29. Community oversight of urban space, architecture, and landscape management
1. Representatives of the local community or individuals have the right to supervise the activities of urban authorities, organizations, and individuals in implementing laws on construction, urban planning, and architectural management; in protecting, exploiting, repairing, and renovating urban architectural works and landscapes in accordance with current laws; reporting violations of urban planning and architectural management regulations in their area to the directly managing urban authority. Urban authorities have the responsibility to study, consider, adopt, and respond to community oversight opinions.
2. The basis for supervision is documentation of regulatory legal texts related to urban space, architecture, and landscape management, district planning schemes, detailed planning schemes, urban designs, models established at the scale of approved detailed planning schemes, Urban Planning and Architectural Management Regulations issued, project files, and design drawings approved and published by competent authorities.
Article 30. Management of maintenance and upkeep of urban architectural works and landscapes
1. Urban authorities shall establish procedures and deadlines for maintaining and upkeeping urban architectural works and landscapes in accordance with construction laws, ensuring safety in use and maintaining the aesthetic appearance of the city.
2. When urban architectural works and landscapes deteriorate or are damaged before the stipulated maintenance period, the urban authority or authorized agency shall be responsible for notifying and directing the owner or user, and the managing agency of the work to promptly address and repair the damage.
Article 31. Management and storage of documents related to urban space, architecture, and landscape
1. Legal documents, files, drawings, models, descriptions, regulations on urban planning and architectural management (hereinafter referred to as documents) include:
- Documents on urban planning, design, regional landscape architecture;
- Documents related to urban construction projects and architecture;
- Other relevant documents.
2. The documents shall be managed and stored at state agencies responsible for construction, architecture, and planning; consulting organizations, project owners, construction contractors, property owners, and agencies managing urban architectural landscapes and facilities. The management, storage, and utilization shall be carried out in accordance with the laws on archives.
Chapter V
STATE MANAGEMENT RESPONSIBILITIES FOR URBAN SPACE,
ARCHITECTURE AND LANDSCAPE
Article 32. Responsibilities of Ministriesand equivalent ministries
1. The Ministry of Construction assists the Government in uniformly managing the state's affairs regarding urban space, architecture, and landscape, and performs the following tasks:
a) Taking the lead and coordinating with relevant ministries, sectors, and localities in guiding the implementation, promoting, disseminating, and organizing the enforcement of this Decree;
b) Guiding localities in implementing government documents on urban space, architecture, and landscape management; responding to requests from localities, organizations, and individuals concerning urban space, architecture, and landscape within their functional scope;
c) Inspecting and auditing urban space, architecture, and landscape management; responding to complaints and denunciations according to the law;
d) Performing the tasks specified in Clause 6, Article 24 of this Decree.
2. Within their respective functions and powers, ministries and equivalent ministries shall cooperate with the Ministry of Construction to guide localities in implementing state management over urban space, architecture, and landscape.
Article 33. Responsibilities of People's Committees at all levels
1. All levels of People's Committees are fully responsible for urban space, architecture, and landscape; organizing the implementation of the provisions of this Decree and handling violations related to their jurisdictional areas.
2. Directing specialized agencies under their jurisdiction to implement approved urban plans, proposing requirements for the content of the Urban Planning and Architectural Management Regulations based on Articles 22 and 23 of this Decree, and managing urban space, architecture, and landscape according to their functions and responsibilities. 3. Organizing the establishment of Urban Planning and Architectural Management Regulations for cities as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 24 of this Decree and being responsible for guiding, monitoring, supervising, and organizing the implementation of the Urban Planning and Architectural Management Regulations. 4. Specifying the responsibilities of subordinate functional agencies for urban space, architecture, and landscape management in their jurisdictions; delegating and specifying specific tasks for units and individuals directly overseeing, monitoring, and implementing urban space, architecture, and landscape management.
5. Directly examining and deciding within their authority on matters related to urban space, architecture, and landscape management such as investment policies for construction projects; support mechanisms for residents; project content and construction procedures; management, operation, maintenance, repair, and renovation of urban architectural facilities and landscapes.
6. Notifying property owners or users about the deterioration and damage of urban architectural landscapes; handling information reported by citizens regarding the implementation of Urban Planning and Architectural Management Regulations by organizations and individuals involved in new construction, ownership, and use of urban architectural facilities; handling cases of violation of Urban Space, Architecture, and Landscape Management Regulations according to the law.
7. Organizing the dissemination and implementation of government documents and regulations on urban space, architecture, and landscape management.
8. Assigning, organizing, and monitoring the implementation of this Decree and the Urban Planning and Architectural Management Regulations in their jurisdictional areas.
7. Organize the dissemination and implementation of government documents and regulations on urban space, architecture, and landscape management;
8. Assign, organize, and monitor the implementation of this Decree and urban planning and architectural management regulations within the jurisdictional area;
Article 34. Inspection, Audit, Reporting, and Handling Violations
1. Construction inspection bodies at all levels shall have the duty to inspect the implementation of the Urban Planning and Architecture Management Regulation within their jurisdiction; identify and handle violations according to their authority; report to urban authorities and directly managing agencies.
2. Organizations and individuals violating the provisions of the Urban Planning and Architecture Management Regulation; violating the provisions of this Decree shall be handled according to the law depending on the level of violation.
Chapter VI
IMPLEMENTATION
Article 35. Effective Date
1. This Decree takes effect from May 25, 2010.
2. This Decree replaces Government Decree No. 29/2007/NĐ-CP dated February 27, 2007 on Urban Architecture Management. Article 36. Transitional Provisions
For cities that have issued Urban Architecture Management Regulations before this Decree takes effect, they shall continue to apply them. After twelve months, urban authorities shall review, adjust, and modify them to comply with the provisions of this Decree.
1. The Ministry of Construction shall coordinate with relevant ministries and sectors to guide, monitor, and inspect the implementation of this Decree.
Article 37. Responsibility for Implementation
1. The Ministry of Construction shall coordinate with relevant ministries and sectors to guide, oversee, and inspect the enforcement of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.
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