Chương IV Luật Kiến trúc 2019: Quản lý nhà nước về kiến trúc

Chapter IV

STATE MANAGEMENT OF ARCHITECTURE

Article 36. Tasks involved in state management of architecture

1. Promulgate and submit to competent authorities for promulgation and take charge of the implementation of legislative normative documents on architecture.

2. Formulate and take charge of implementing the policy on Vietnam’s architecture, strategy, program, project and plan for architectural activities.

3. Preside over and consistently take control of urban architecture and rural architecture; administer practice of architecture.

4. Grant, renew, revoke and reissue architecture practicing certificates.

5. Formulate and enforce engineering standards and regulations pertaining to architecture.

6. Preside over and take control of scientific researches and applications of architectural technologies; provide employees with training and refresher courses in architectural activities.

7. Carry out architectural law propaganda, dissemination and education programs.

8. Enter into international cooperation in architecture.

9. Set up and keep archives of documents, databases and provide information necessary for architectural activities.

10. Provide guidance on, inspect and evaluate implementation of laws on architecture; handle any complaint, denunciation and give rewards and impose sanctions on violations arising from architectural activities.

Article 37. Responsibilities of the Government, Ministries and Ministry-level agencies

1. The Government shall exercise uniform state management of architecture on a nationwide scale.

2. The Ministry of Construction shall act as a presiding body assigned to assist the Government in exercising the state management of architectural activities throughout the nation and shall assume the following responsibilities:

a) Develop the policy on development of Vietnam’s architecture and submit it to the Prime Minister to seek his approval;

b) Promulgate according to its competence or submit to competent authorities for promulgation and undertake the implementation of policies, legal normative documents, technical standards and regulations pertaining to architectural activities;

c) Take charge of architectural activities as part of project management and evaluation and construction design;

d) Provide instructions for, inspect and assess compliance with law on architecture;

dd) Handle any complaint, denunciation, give rewards and impose actions against violations arising from architectural activities;

e) Take control of scientific researches and applications of architecture technologies; execute architecture-related law propaganda, dissemination and education;

g) Provide professional training and refresher courses in architectural activities;

h) Cooperate with Ministries, Ministry-level agencies and provincial-level People’s Committees in inspecting and evaluating the architectural quality of construction projects;

i) Issue architectural design samples for public works and residential homes at rural areas that meet requirements as to adaptation to climate change and prevention and control of natural disasters;

k) Set up the database pertaining to architecture and practice of architecture on a nationwide scale; manage and provide information necessary to perform architectural activities;

l) Enter into international cooperation in architecture.

3. Ministries and Ministry-level agencies shall, within the ambit of their tasks and powers, have the burden of cooperating with the Ministry of Construction in performing the task of State management of architectural activities.

Article 38. Responsibilities of all-level People’s Committees

1. Provincial-level People’s Committees shall, within the ambit of their duties and powers, have the following responsibilities:

a) Exercise state management of architectural activities under the provisions of this Law and the powers delegated by the Government; issue regulatory documents under their delegated powers; take charge of providing instructions for, inspecting, evaluating and imposing sanctions against violations arising from implementation of law on architectural activities;

b) Implement and cooperate with Ministries and Ministry-level agencies in implementing, monitor, inspect and oversee compliance with regulations on the architectural quality of construction projects.

c) Provide professional training and refresher courses in architecture for managerial employees and staff members of entities under the delegated powers;

d) Set up the database pertaining to architecture and practice of architecture on a local scale; manage and provide information necessary to perform architectural activities;

dd) On an annual basis, submit a review report to the Ministry of Construction on the state management of architectural activities.

2. District-level People’s Committees shall, within the ambit of their duties and powers, have the following responsibilities:

a) Exercise the state management of architectural activities within their respective remit in accordance with law;

b) Provide professional training and refresher courses in architecture for managerial employees and staff members of entities under the delegated powers.