Chương 1 Nghị định 38/2010/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of urban space, architecture and landscapes; and defines the rights, obligations and responsibilities of organizations and individuals engaged in activities related to urban space, architecture and landscapes.

Article 2. Subjects of application

Domestic and foreign organizations and individuals engaged in activities related to urban space, architecture and landscapes in (he Vietnamese territory shall comply with this Decree.

Article 3. Principles for managing urban space, architecture and landscapes

1. The Government shall uniformly perform and decentralize the management of urban space, architecture and landscapes. People's Committees of cities, towns and townships (below referred to as municipal administrations) shall comprehensively manage urban space, architecture and landscapes within administrative boundaries under their management. Local urban architecture and planning management agencies shall assist municipal administrations in managing urban space, architecture and landscapes.

2. Urban space, architecture and landscapes shall be managed in line with urban planning and designs and regulations on management of urban planning and architecture. Urban areas and street lines without detailed urban planning and designs and regulations on management of urban planning and architecture shall be managed according to regulations and standards on construction planning promulgated by competent state agencies and this Decree.

3. Urban management must ensure uniformity from general to specific space, inheritance of architecture and landscapes, suitability to natural conditions and characteristics and respect for local customs and culture, and promote traditional values to preserve the identity of urban architecture and landscapes in each area and region.

4. The management of urban space, architecture and landscapes must be based on approved urban planning and designs and provided in detail by municipal administrations in regulations on management of urban planning and architecture.

Article 4. Use and exploitation of urban space, architecture and landscapes

All organizations and individuals living and operating permanently and temporarily in urban centers may enjoy urban space, landscapes and architecture and concurrently shall protect and preserve, and observe the law on exploitation and use of. urban space, architecture and landscapes.

Article 5. Architectural designing contests

Architectural designs of large-scale public works, works with particular architectural requirements, significant works or works in significant locations in urban centers shall be chosen through contests or selection of architectural blueprints undercurrent regulations before the elaboration of construction investment projects. Contests or selection of architectural blueprints for other works in urban centers are encouraged.