Chương II Luật Kiến trúc 2019: Quản lý kiến trúc

Chapter II

MANAGEMENT OF ARCHITECTURE

Article 10. Requirements of architectural management

1. Conform to principles of architectural activities set out in Article 4 herein.

2. Ensure consistency in management of architecture with respect to the overall and specific spatial arrangements of architectural structures.

3. Ensure protection of humans, architectural structures and residential areas from adverse impacts inflicted by nature or humans.

4. Avoid negative impacts on natural landscapes, historical – cultural heritages and architectural structures of value and biological environment.

5. Ensure economical and effective use of energy.

Article 11. Requirements of urban and rural architecture

1. Urban architecture must meet the following requirements:

a) Harmonize with overall spaces, architecture and landscapes of the sites intended for construction of architectural structures; connect the architecture of the existing sites, newly developed ones and border crossings between urban and rural areas, and admire natural scenery;

b) Use colors, materials and decorate the outer faces of architectural structures in an aesthetic manner without causing any adverse impact on human eyes, health, environment and traffic safety;

c) Refurbishment of an existing residential home and construction of a new one must be combined concordantly to produce an architectural structure which fits into natural and climatic conditions, and detached residential homes must be aligned with the general architectural layout in a specific region;

d) Public construction works and urban utility facilities built along streets must be aesthetic, useful and safe to humans and means of transport;

dd) Signs, markers, advertisement billboards, lighting systems and decorative items used in urban areas must meet regulations and outdoor advertising planning requirements as well as fit into the overall urban architectural plan;

e) Statues, sculptures, sculpted reliefs, fountains and other decorative construction works must be designed to fit into landscape, meet requirements concerning public access and aesthetics;

g) Traffic amenities must be designed in a consistent manner to meet requirements concerning public access, aesthetics and characteristics of urban areas.

2. Rural architecture must meet requirements referred to in points a, b, c and e of clause 1 of this Article and the followings:

a) Ensure that traditional architectural and cultural values are inherited; indigenous building materials and advanced engineering methods are preferred for use;

b) Meet standards applied to residential homes, living spaces and cultural spaces so that rural architectural structures are adjusted to natural conditions, customs and habits of ethnic groups;

c) As for areas prone to natural disasters, strengthen use of architectural designs for public works and residential homes at rural areas in order to meet requirements as to adaptation to climate change and prevention and control of natural disasters.

Article 12. Architectural design

1. Owners of architectural structures must take charge of developing architectural design schemes and carrying out architectural designs.

2. Architectural designs must be produced by organizations and individuals satisfying qualification requirements specified herein and other provisions of law.

3. In order to produce an architectural design, architectural solutions must be integrated with architectural planning; all following requirements must be considered completely, including socio-economic efficiency, functional, practical use, engineering, fire safety and environmental protection, economical and effective energy use, traditional cultural value and other requirements applied to architectural structures; these architectural may be easily accessible to disabled, elderly people and children; gender equality must be respected.

4. Architectural design documentation can be used as a basis for construction designs after owners of architectural structure construction projects complete review and acceptance testing activities.

5. Minister of Construction shall be vested with authority to adopt specific regulations on architectural design documentation.

Article 13. Management of architectural structures of value

1. Architectural structures of value which have already been ranked as historical – cultural relics shall be managed under law on cultural heritages.

2. Architectural structures of value which are not covered in clause 1 of this Article shall be reviewed and assessed on an annual basis or inventoried for official purposes by provincial-level People's Committees.

3. Provincial-level People's Committees shall consult with provincial-level architectural advisory councils and other related entities or persons about compilation of the list of architectural structures of value stipulated in clause 2 of this Article before reaching their approval decisions.

4. Owners and users of architectural structures in the list of architectural structures of value shall have the following rights and obligations:

a) Receive benefits from protection, conservation, repair, rehabilitation and operation of their architectural structures;

b) Receive the state subsidies for costs incurred from protection, conservation, repair and rehabilitation of their architectural structures;

c) Protect, conserve, repair and rehabilitation of architectural values of these structures; ensure safety for access to, use and operation of these structures;

d) Avoid changing the exterior architecture, textures and vicinity of their architectural structure of their own free will;

dd) Whenever detecting any sign of decrease in quality or unsafe texture, inform local authorities in a timely manner.

5. The Government shall be vested with authority to promulgate specific regulations on assessment and classification of architectural structures of value; processes and procedures for compiling, evaluating, approving and adjusting the list of architectural structures of value.

Article 14. Regulations on management of architecture

1. Regulations on management of architecture shall be adopted to apply to urban areas and rural residential spots in provinces and centrally-affiliated cities.

2. Regulations on management of architecture must ensure conformity with the following requirements:

a) In line with provisions laid down in Articles 10, 11 and 13 herein;

b) Correspond to urban architectural designs approved by competent authorities, national technical standards and regulations;

c) Match traditional cultural values, local actual features and conditions.

3. Regulations on management of architecture shall be comprised of the followings:

a) Regulations on management of architecture applied to all areas covered by these regulations; architecture of specific regions and streets;

b) Determining requirements concerning traditional cultural values with respect to locality-specific architecture as per clause 1 of Article 5 herein;

c) Identifying areas where particular urban designs are needed, streets and areas where architectural renovation priority is given, and implementation plan; areas subject to special management requirements;

d) Regulations on management of architecture of residential homes, public construction works, urban public utility facilities, industrial facilities, technical infrastructure premises and construction projects that require architectural plan tests;

dd) Regulations on management and protection of architectural structures of value;

e) Regulating responsibilities of entities and persons for implementation of regulations on management of architecture;

g) Maps, drawings and illustrating images;

h) Appendix on the list of architectural structures of value.

4. Provincial-level People's Committees shall set out regulations on management of architecture and petition same-level People’s Councils to adopt and enforce these regulations; as for regulations on management of architecture of special-class cities or class-I cities which are centrally-affiliated ones, the consent from the Ministry of Construction must be sought.

5. The Government shall promulgate specific regulations on contents of regulations on management of architecture; regulations on application and documentation procedures and processes for formulation, evaluation, collection of public opinions on, release and methods for implementation of regulations on management of architecture.

Article 15. Revision of regulations on management of architecture

1. Provincial-level People's Committees shall review and evaluate the process of implementation of regulations on management of architecture on a quinquennial or ad-hoc basis before deciding whether regulations on management of architecture may be revised. Subject matters of review and evaluation of the process of implementation of regulations on management of architecture shall be subject to the Government’s regulations.

2. Requirements for revision of regulations on management of architecture shall be regulated as follows:

a) Any adjustment in urban planning, rural planning, urban design and boundaries of administrative subdivisions may affect the characteristics, functions and scale of areas covered by regulations on management of architecture;

b) Existence of projects of national significance causes impacts on the spatial layout of entire areas covered by regulations on management of architecture;

c) Regulations on management of architecture are not likely to be implemented or implementation of these regulations has adverse impacts on the socio-economic development, national defence, security, social protection, biological environment and historic – cultural relics;

d) Revision of these regulations is made in state and public interests.

3. Principles of revision of regulations on management of architecture shall be regulated as follows:

a) Attention must be paid to those regulations that need to be revised while legal value of those regulations that do not need to be revised as specified according to approval decisions shall remain unchanged;

b) Revision must be made on the basis of analysis and evaluation of the current state and clear determination of requirements for revision provided that these regulations are adapted for developmental requirements.

4. Provincial-level People's Committees shall seek the consent from same-level People’s Councils on revision of regulations on management of architecture before making their revision decisions; as for regulations on management of architecture of special-class cities or class-I cities which are centrally-affiliated ones, the unanimous opinion from the Ministry of Construction must be sought.

Article 16. Architectural advisory council

1. National architectural advisory council may be established under the Prime Minister's decision where necessary to give counsels to the Prime Minister on architecture-related matters and architecture of several important construction projects.

2. Provincial-level architectural advisory councils may be established under the decisions of the Chairman/Chairwomen of People’s Committees where necessary to give counsels to the Chairmen/Chairwomen on matters arising in the architecture sector and architecture of several important construction projects and architectural structures of value under their jurisdiction.

3. Members of an architectural advisory council shall be representatives of state regulatory authorities in charge of architecture and experts involved in activities related to the architecture sector.

4. An architectural advisory council and members of an architectural advisory council shall bear responsibility before law and to the person making the decision on establishment of the council for its counsels and advices.

5. Members of an architectural advisory council may hold multiple offices; the council shall be automatically closed after completion of assigned missions.

Article 17. Architectural plan test

1. Architectural plan test refers to a test designed to select the best architectural plan that meets requirements concerning planning, architecture, culture, socio-economic efficiency, national defence, security and environmental protection.

2. The following construction projects shall be subject to the compulsory requirement for participation in the architectural plan test, including:

a) Special-class or class-I public construction works;

b) Provincial-level central train terminals and civil aviation terminals; bridges inside class-II or higher-level urban areas and inner-city railway stations; statues and construction projects symbolic of tradition, culture and history at localities; important construction projects and landmarks located inside urban areas and along main streets that are specified in urban planning and design schemes and regulations on management of architecture approved by competent authorities.

3. Architectural plan test may be proposed in the investment policy or pre-feasibility study report.

4. Persons having competence in making investment decisions shall be accorded authority to decide on the forms of architectural plan test and decide to establish the architectural plan test council.

5. Costs incurred from such test shall be calculated as part of total investment in a project.

6. Based on the architectural plan successfully passing the test, entities and persons owning such plan can take further steps in a project if they meet requirements stipulated in law on construction and procurement law.

7. Information about the test, the architectural plan test council and marking results must be made publicly on mass media by the project owner.

8. The Government shall issue specific provisions of this Article.

Article 18. Document archival

State regulatory authorities in charge of architecture and project owners shall be responsible for keeping archive of architectural design documents and materials. Consulting entities and persons, construction contractors and construction management boards shall be responsible for keeping archive of documentation on their activities in accordance with law on archival and other provisions of relevant law.