Chương 5 Nghị định 38/2010/NĐ-CP: Trách nhiệm quản lý nhà nước về không gian, kiến trúc, cảnh quan đô thị

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR URBAN SPACE. ARCHITECTURE AND LANDSCAPES

Article 32. Responsibilities of ministries and ministerial-level agencies

I. The Ministry of Construction shall assist the Government in performing the uniform state management of urban space, architecture and landscapes and perform the following tasks:

a/ To assume the prime responsibility for, and coordinate with concerned ministries and branches and localities in. guiding, propagating, disseminating and organizing the implementation of this Decree;

b/ To guide localities in implementing the Government's documents on management of urban space, architecture and landscapes; to respond to inquiries of localities, organizations and individuals related to urban space, architecture and landscapes within its functions;

c/ To examine and inspect the management of urban space, architecture and landscapes: to respond to complaints and denunciations under law;

d/ To perform the tasks specified in Clause 6. Article 24 of this Decree.

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Construction in guiding localities in performing the state management of urban space, architecture and landscapes.

Article 33. Responsibilities of People'-. Committees at all levels

1. To take full responsibility for urban space, architecture and landscapes; to organize the implementation of this Decree and handle violations in localities under their management.

2. To direct their specialized agencies in implementing approved urban planning, proposing contents of regulations on management of urban planning and architecture pursuant to Articles 22 and 23 of this Decree and managing urban space, architecture and landscapes according to their functions and tasks.

3. To elaborate regulations on management of urban planning and architecture applicable to urban centers under Clauses 1 thru 5, Article 24 of this Decree, and guide, monitor, supervise and organize the implementation these regulations.

4. To define responsibilities of their functional agencies for the management of urban space, architecture and landscapes in their localities: to decentralize and specify tasks of units and individuals directly monitoring, supervising and performing the management of urban space, architecture and landscapes.

5. To directly consider and decide according to their competence on issues related to the management of urban space, architecture and landscapes such as guidelines for work construction investment; mechanisms to support people; project contents, construction process; and management, exploitation, maintenance, repair and upgrading of urban works and landscapes.

6. To notify owners or users of degraded or damaged urban landscapes and architecture: to process information provided by the public on the implementation of regulations on management of urban space, architecture and landscapes by organizations and individuals involved the construction, ownership and use of urban architectural works; to handle violations of regulations on management of urban space, architecture and landscapes under law.

7. To disseminate and implement the Government's documents and regulations on management of urban space, architecture and landscapes.

8. To assign, organize and monitor the implementation of this Decree and regulations on management of urban space, architecture and landscapes in localities under their management.

Article 34. Examination, inspection, reporting and handling of violations

1. Construction inspectorates at all levels shall examine the implementation of regulations on management of urban planning and architecture in their localities: detect and handle violations according to their competence in localities under their management: and report to municipal administrations and their managing agencies.

2. Violators of regulations on management of urban planning and architecture and this Decree shall, depending on the severity of their violations, be handled under law.