Chapter IV
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR URBAN SPACE. ARCHITECTURE AND LANDSCAPES
Article 25. Responsibilities of owners, investors and users
To observe regulations on management of urban planning and architecture promulgated by municipal administrations and other relevant regulations on urban management: to protect and preserve the image and existing status of architectural works under their ownership or use; to promptly repair damaged works.
2. When building, improving or upgrading urban architectural works, to comply with urban planning and approved regulations on management of urban planning and architecture. To change the architecture, functions, force-bearing structure of works and add or reduce parts, change the appearance, roofing materials, colors of works, tiling materials, details or parts of the exterior of works only when so permitted by competent agencies. When failing to observe regulations on management of urban planning and architecture or violating construction regulations, to be administratively sanctioned and to dismantle violating works under law.
3. When leasing works to organizations or individuals for use. owners shall sign contracts which must fully provide requirements and contents specified in Clauses 1 and 2 of this Article. Actual users of space, landscapes and works that are not their owners shall also comply with Clauses 1 and 2 of this Article.
Article 26. Responsibilities of designing consultants
1. To meet conditions on capacity, experience and professional practice under law.
2. Designing consultants, designers and design plan managers shall conduct author supervision under law: and take joint responsibilities for beauty, durability, safety and utility and conformity with the environment.
urban architecture and landscapes.
3. To observe regulations on urban management under approved planning, construction regulations and designing standards.
Article 27. Responsibilities of builders
1. Builders of urban architectural works shall complete construction on time according to designs and observe contractual terms.
2. In the course of construction, finishing, repair and maintenance of works, to take measures to mitigate adverse impacts on the community, space, architecture and landscapes of the areas where those works are located.
3. Together with investors, to adopt safety measures in the course of construction and dismantlement; to regenerate the environment, space and landscapes damaged by work construction.
4. To comply with provisions of construction permits and current relevant regulations on urban architecture.
Article 28. Role of critical comments in the management of urban space, architecture and landscapes
1. Municipal administrations shall consult local Architecture-Planning Councils and relevant professional associations when elaborating regulations on management of urban planning and architecture.
2. To encourage organizations and individuals to study and propose planning and architecture solutions, contributing to beautify urban space, architecture and landscapes and reducing violations.
Article 29. Public oversight of the management of urban space, architecture and landscapes
1. Community representatives or individuals may oversee municipal administrations, organizations and individuals in complying with the construction law and the law on management of urban planning and architecture; and in protecting, exploiting, repairing and embellishing architectural works and urban landscapes under current law; and report on violations of regulations on management of urban planning and architecture in areas to municipal administrations directly managing those areas. Municipal administrations shall study, consider, absorb and give feedback to public oversight opinions.
2. Grounds for public oversight are legal documents on management of urban space, architecture and landscapes, zoning plans, detailed planning, urban designs and mock-ups made on a scale under approved detailed planning, promulgated regulations on management of urban planning and architecture, project dossiers and design drawings approved and promulgated by competent authorities.
Article 30. Management of upgrading and maintenance of urban works and landscapes
1. Municipal administrations shall provide the process and time for upgrading and maintaining urban architectural works and landscapes under the construction law. ensuring safe use and preservation of urban beauty.
2. When urban architectural works and landscapes are degraded or damaged before the scheduled maintenance time, municipal administrations or authorized agencies shall notify such to owners, users or operators of these works and direct them in promptly remedying and maintaining the works.
Article 31. Management and preservation of documents related to urban space, architecture and landscapes
1. Legal documents, dossiers, drawings, mock-ups. explanations, regulations on management of urban planning and architecture (below referred to as documents) include:
- Documents on urban planning and designs, architecture and landscapes of areas;
- Documents related to urban works and architecture;
- Other related documents.
2. Documents shall be managed and preserved at construction, architecture and planning state management agencies; consultancy organizations, investors, builders, owners and agencies managing urban areas, landscapes and architectural works. The management, preservation, exploitation and use of documents comply with the law on archives.
Tìm kiếm
Nghị định 38/2010/NĐ-CP (Bản Word)