Chapter III
REGULATIONS ON MANAGEMENT OF URBAN PLANNING AND ARCHITECTURE
Article 22. General provisions
1. Regulations on management of urban planning and architecture apply to organizations and individuals engaged in the investment, construction, upgrading and embellishment of urban centers and must conform with approved urban plans, and management regulations based on urban plans, and approved urban designs.
2. A regulation on management of urban planning and architecture includes provisions on management of general space of urban centers and provisions on landscapes and architecture of urban areas, streets and street lines in urban centers identified by municipal administrations based on management requirements.
3. Municipal administrations at all levels shall elaborate, approve, announce, promulgate and implement regulations on management of urban planning and architecture under Clauses 1 thru 5. Article 24 of this Decree.
4. Regulations on management of urban planning and architecture serve as a basis for architecture, planning and construction management agencies to manage construction investment and license the construction, upgrading and embellishment of architectural works and designing of urban landscapes, and provide grounds for urban planning and designing for areas without approved urban planning and designs.
Article 23. Contents of regulations on management of urban planning and architecture
1. Regulation on management of urban planning and architecture of the entire urban center:
a/ A regulation on management of urban planning and architecture of the entire urban center is formulated on the basis of the approved urban plan:
b/ A regulation on management of urban planning and architecture of the entire urban center contains provisions on management of the entire urban center; identification of particular areas, areas with priority management requirements, areas in need of particular regulations; and areas without approved urban planning and designs;
c/ Provisions on management based on approved planning; management of urban landscapes and architecture for each area based on their characteristics such as newly developed areas, conservation areas; other areas in the urban center; bordering areas between the inner city and the suburbs, areas subject to separate management regulations;
d/ Provisions on responsibilities of the municipal administration and concerned specialized agencies for organizing, directing, monitoring and implementing urban planning; identifying areas and street lines prioritized for embellishment; making plans for the formulation of planning for unplanned areas and areas in need of adjustment of urban planning and designs.
2. Contents of regulations on management of urban planning and architecture of specific areas:
a/ To work out plans of management of urban areas in each period, drawings illustrating the management of each area, street and street line such as central, administrative-political, trade, service, culture-sports, education and training areas, heritage conservation areas, squares, parks, water surface, trunk roads and city gateways identified by the municipal administration according to management requirements:
b/ Management provisions must conform with approved urban zoning planning, detailed planning and designs and this Decree:
c/ Specific provisions on planning and architecture management for each area and street line in the urban center according to its nature, geographical characteristics and socio-economic conditions:
d/ Other provisions such as specific requirements on work height, standard foundation level, first-story heights of adjacent street frontage houses; architectural styles, materials and colors of the exterior and roofs of works. For areas without approved and promulgated urban zoning and detailed planning and urban designs, to study and elaborate management regulations based on general planning and development orientations for urban centers, construction planning regulations and standards and actual requirements and conditions.
3. Regulations on management of urban planning and architecture shall be formulated based on actual requirements of urban centers such as socio-economic and cultural conditions and characteristics of those urban centers.
4. Methods to encourage the participation in and contribution to more effective management and use of urban space, works and landscapes: solutions to prohibiting, restricting and encouraging each act and measures to control new construction and upgrading and embellishment of existing landscapes and works.
5. Regulations on management of urban planning and architecture shall be adjusted in line with urban planning and designs and partial urban planning adjustments.
Article 24. Formulation, approval, promulgation and announcement of regulations on management of urban planning and architecture
1. Formulation and approval of regulations:
a/ For urban centers to be approved by the Prime Minister, municipal People's Committees shall formulate, approve and promulgate regulations on management of urban planning and architecture; consult concerned ministries and branches when elaborating them: and obtain the Ministry of Construction's agreement before approving these regulations:
b/ People's Committees of cities being grade-2 and grade-3 urban centers and towns shall formulate regulations on management of urban planning and architecture applicable to urban centers under their management and submit them to provincial-level People's Committees for approval:
c/ People's Committees of cities being grade-2 and grade-3 urban centers and district-level People's Committees shall formulate, approve and promulgate regulations on management of urban planning and architecture for townships under their management in conformity with regulations on management of urban planning and architecture approved under Point a of this Clause (if any).
2. Promulgation and announcement of regulations: Regulations on management of urban planning and architecture must be widely distributed in printed publications and announced in the mass media and at the offices of People's Committees and local planning and architecture management agencies of cities, towns, townships, urban districts and wards within 30 days after they are approved.
3. The time limit for formulating a regulation is 12 months for urban centers of grade 1 or higher grade: and 9 months, for urban centers of grade 2 or lower grade.
4. Provisions applicable to specific urban areas, streets and street lines specified in a Regulation must be commented by concerned agencies and organizations and the community in those areas.
5. Expenses for the elaboration and announcement of regulations on management of urban planning and architecture shall be covered by local non-business and economic funds. Expenses shall be calculated based on categories of urban centers; areas, for urban areas; and length, for street lines.
6. The Ministry of Construction shall provide in detail and promulgate a model Regulation on management of urban planning and architecture; provide the calculation of expenses for elaborating, collecting comments on. printing and disseminating regulations on management of urban planning and architecture; and guide other necessary contents to meet state management requirements.
Tìm kiếm
Nghị định 38/2010/NĐ-CP (Bản Word)