Chương V Luật Kiến trúc 2019: Điều khoẻn thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 39. Amendments and supplements to laws regarding architectural activities

1. Amending and supplementing the Law on Construction No. 50/2014/QH13 already amended and supplemented by the Law No. 03/2016/QH14 and the Law No. 35/2018/QH14 as follows:

a) Amending and supplementing clause 1 of Article 91 as follows:

“1. Conform to the detailed construction planning scheme already approved by competent state authorities. As for construction works in areas or on streets inside established urban areas without detailed construction planning or urban designs, it is obligatory to conform to regulations on management of architecture promulgated by competent state authorities.";

b) Amending and supplementing point a of clause 1 of Article 93 as follows:

“a) Correspond to purposes of use of land according to the approved land-use planning and regulations on management of architecture enforced by competent state authorities;”;

c) Attaching clause 4a to clause 4 of Article 148 as follows:

 “4a. Entities and persons practicing architecture shall comply with provisions of law on architecture.”;

d) Inserting clause 4 after clause 3 of Article 149 as follows:

“4. Architecture practicing certificates shall be subject to provisions of law on architecture.”;

dd) Repealing Article 81.

2. Amending and supplementing the Law on Urban Planning No. 30/2009/QH12 already amended and supplemented by the Law No. 77/2015/QH13 and the Law No. 35/2018/QH14 as follows:

a) Amending and supplementing clause 1 of Article 69 as follows:

“1. Entities and persons building, renovating and repairing architectural structures, technical infrastructure facilities, social amenities and houses must obey the approved detailed planning, regulations on management of architecture and law on construction.";

b) Amending and supplementing clause 6 of Article 72 as follows:

“6. Project owners identified in investment decisions shall be responsible for managing technical infrastructure, spaces and architecture according to the approved urban planning, regulations on management of architecture within the boundaries of project sites, except if management tasks are assigned to People’s Committees.”;

c) Repealing Article 60.

3. Replacing the phrase used in several following laws:

a) Replacing the phrase “regulations on management of urban planning and architecture” with “regulations on management of architecture” in clause 2 of Article 93 in the Law on Construction No. 50/2014/QH13 already amended and supplemented by the Law No. 03/2016/QH14 and the Law No. 35/2018/QH14;

b) Replacing the phrase “regulations on management of urban planning and architecture” with “regulations on management of architecture” in clause 2 of Article 20 in the Law on Housing No. 65/2014/QH13;

c) Replacing the phrase “regulations on management of urban planning and architecture” with “regulations on management of architecture” in Article 5, point e of clause 3 of Article 12, clause 3 of Article 13 and clause 1 of Article 52 in the Law on Urban Planning No. 30/2009/QH12 already amended and supplemented by the Law No. 77/2015/QH13 and the Law No. 35/2018/QH14.

4. Removing the phrase “or are selected” at the point d of clause 1 of Article 22 in the Law on Bidding No. 43/2013/QH13 already amended and supplemented by the Law No. 03/2016/QH14 and the Law No. 04/2017/QH14.

Article 40. Entry into force

This Law shall take effect on July 1, 2020.

Article 41. Transitional provisions

1. Regulations on management of urban planning and architecture already approved under the provisions of the Law on Urban Planning prior to the entry into force of this Law may be continue to exist till end of December 31, 2021.

2. Construction architectural design tests or selections governed under the provisions of the Law on Construction with the selection plan already approved prior to the entry into force of this Law may be continued to exist till end of December 31, 2021.

3. Construction practicing certificate granted a person providing construction architectural design and construction architectural design evaluation services under law on construction may be valid till end of the expiry date, unless otherwise prescribed in clause 4 of this Article.

4. If construction practicing certificate granted a person providing construction architectural design and construction architectural design evaluation services expires within the period from July 1, 2020 to end of December 31, 2020, it may be continued to exist till end of December 31, 2020; in case of being lost or damaged, it will be reissued in accordance with law on construction.