Chương II Nghị định 85/2020/NĐ-CP: Quy định về quản lý kiến trúc

Chapter II

REGULATIONS ON MANAGEMENT OF ARCHITECTURE

Section 1. ARCHITECTURAL STRUCTURES OF VALUE

Article 3. Criteria for assessing whether architectural structures are of value

1. The criteria concerning the architectural art and landscape value include the following:

a) Whether the structure is typical of an architecture type or architectural style;

b) The value of the architectural art of the structure itself and the overall space within the structure;

c) The structure’s value in connection with the landscape, the structure’s contribution to the urban landscape, scenic landscape or natural landscape;

d) The technical value, the value of the construction technology and the value of use of building materials.

2. The criteria concerning historical and cultural value include the following:

a) Whether the structure is typical of a historical period;

b) The structure’s connection with the typical characteristics and nature of the local culture;

c) The age and service life of the structure.

3. Table of points for assessing whether an architectural structure is of value is provided in the Appendix I hereof.

Article 4. Classification of architectural structures of value

1. Architectural structures of value are classified into the 03 following categories:

Category I structures, which satisfy two criteria concerning architectural art and landscape value and concerning historical and cultural value; such structures must be awarded at least 80 points for the criterion concerning architectural art and landscape value,. Category II structures, which satisfy the two criteria; category III structures, which satisfy one of the criteria.

2. Every People’s Committee of the province or central-affiliated city (hereinafter referred to as "the provincial People's Committee") shall, according to Clause 1 of this Article, classify and decide measures and funding for management, protection and upholding value of architectural structures.

Article 5. Sequence of compiling, appraising, approving and adjusting the list of architectural structures of value

1. The provincial People's Committee shall authorize the specialized architecture agency affiliated to the provincial People's Committee or the district-level People’s Committee to compile or adjust the list of architectural structures of value.

2. A list of architectural structures of value shall be compiled as follows:

a) The agency compiling the list of architectural structures of value shall take charge and cooperate with the specialized culture agency affiliated to the provincial People's Committee or the district People's Committee in reviewing and assessing archives of architectural structures to compile a list of architectural structures of value within the province or district, and submit it to the provincial People's Committee for approval.

b) Any organization or individual that suggests a structure to be included in the list of architectural structures of value shall send a written request together with the archive of the architectural structure to the specialized architecture agency affiliated to the provincial People's Committee for review and assessment purposes.

c) The archive of an architectural structure shall contain the history and assessment of value of the structure; photos of the current status and historical photos of the structure (if any); general plan, storey plan, elevation and section drawing and sections; photos and drawings showing details of the decoration (if any) and clarifying the value of the structure.

d) Documents concerning the list of architectural structures of value shall consist of a draft statement; a list of architectural structures of value and enclosed appendices; a description of contents suggested being included in the list; archive of each architectural structure enclosed with relevant documents; proposed measures to manage, protect and uphold value of structures and funding for implementation thereof.

dd) The agency compiling the list of architectural structures of value shall seek written opinions from the provincial architectural advisory council and other relevant organizations and individuals about the archive of each architectural structure and the list of architectural structures of value as prescribed in Clause 3 Article 13 of the Law on Architecture within 15 days if opinions are sought from agencies or within 30 days if opinions are sought from relevant organizations and individuals.

3. The list of architectural structures of value shall be appraised as follows:

a) The provincial People’s Committee shall decide to establish an appraisal council. The appraisal council shall be composed of representatives of the regulatory agency, professional associations and experts in architectural and cultural fields and relevant organizations and individuals.

b) The appraisal council shall appraise the list of architectural structures of value according to the criteria set out in Articles 3 and 4 hereof.

4. The agency compiling the list of architectural structures of value shall, according to the appraisal results, receive, explain and complete the documentation and submit it to the provincial People’s Committee for approval for the list.

5. The time limit for appraising the list of architectural structures of value is 20 days from receipt of sufficient and valid document and the time limit for approving such list is 15 days from the date on which the documentation is completed according to the appraisal results.

6. The list of architectural structures of value shall be adjusted as follows:

a) The agency compiling the list shall annually review and assess architectural structures of value within its province or district, submit a report to the provincial People’s Committee for decision on adjustment to the list in a manner that is relevant to the actual situation and conditions.

b) Opinions on the contents to be adjusted in the list shall be sought and such contents shall be appraised or approved in accordance with the sequence and time limit specified in Point dd Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article; and the contents on the list which have been approved but are not adjusted shall retain their legal validity.

Section 2. REGULATIONS ON MANAGEMENT OF ARCHITECTURE

Article 6. Sequence of making, appraising and promulgating regulations on management of architecture

1. Make regulations on management of architecture.

2. Appraise regulations on management of architecture.

3. Approve and promulgate regulations on management of architecture.

4. Announce regulations on management of architecture.

Article 7. Time limit for making, appraising, approving and promulgating regulations on management of architecture

1. The time limit for making regulations on management of architecture is 15 months in the case of central-affiliated cities; in the remaining cases, 12 months from the date of assigning the task of making the regulations.

2. The time limit for making regulations on management of architecture is 30 days in the case of central-affiliated cities; in the remaining cases, 20 days from receipt of a valid application.

3. The time limit for approving and making regulations on management of architecture is 10 days from the date on which the People’s Committee at the same level approves such regulations.

Article 8. Making regulations on management of architecture

1. The provincial People's Committee shall authorize the specialized architecture agency affiliated to the provincial People's Committee or the district-level People’s Committee to make regulations on management of architecture.

2. Steps in making regulations on management of architecture:

a) Investigate the status quo and conduct a site survey; collect maps, document and data on natural conditions, types of natural disasters that frequently occur in the region, planning and urban design (if any) and relevant documents and legal bases to give grounds for making regulations on management of architecture;

b) Draft regulations on management of architecture;

c) Seek opinions from relevant agencies, organizations and individuals about the draft regulations on management of architecture. The time limit for seeking opinions is 15 days if opinions are sought from agencies, and 30 days if opinions are sought from organizations, individuals and residential communities.

3. An application for appraisal of regulations on management of architecture is composed of:

a) A statement;

b) Draft regulations on management of architecture and appendices hereto (if any);

c) A description of the contents suggested being included in the regulations;

d) A consolidated report on responses to opinions and copies of written opinions;

dd) Legal documents and relevant documents;

e) Draft decision on approval for regulations on management of architecture.

Article 9. Appraising, approving and promulgating regulations on management of architecture

1. The appraisal shall focus on:

a) Conformity of the regulations with principles of architectural activities specified in Article 4 of the Law on Architecture;

b) Compliance of the regulations with Clause 2 Article 14 of the Law on Architecture;

c) Compliance with Articles 12 and 13 hereof.

2. The specialized architecture agency affiliated to the provincial People’s Committee shall organize appraisal of the regulations. During the appraisal, the agency shall seek written opinions from relevant agencies and organizations and establish a council to carry out the appraisal and prepare an appraisal report. Agencies requested to give their opinions shall give their opinions within 15 days from receipt of the written request.

3. The appraisal report shall specify opinions of the appraisal council about the contents mentioned in Clause 1 of this Article and conclude whether the regulations are satisfactory to be submitted for approval.

4. An application for approval and promulgation of the regulations includes the application for appraisal of the regulations completed according to the appraisal opinions and the report on responses to appraisal opinions enclosed with the appraisal report.

5. Regarding the regulations on management of architecture applicable to a rural settlement, the provincial People’s Committee may authorize a district-level People’s Committee to approve and promulgate such regulations.

Article 10. Seeking opinions about regulations on management of architecture

1. Opinions about regulations on management of architecture shall be sought using one or more of the following methods:

a) Sending written request for opinions, questionnaires or feedback forms;

b) Organizing conferences and seminars;

c) Seeking opinions via websites of relevant agencies;

d) Public display or introduction on the mass media.

2. Opinions must be consolidated in a sufficient manner, responded to and reported to a competent authority for consideration and decision.

Article 11. Announcing regulations on management of architecture.

1. The agency making regulations on management of architecture shall announce such regulations

2. Within 15 days from the date on which the regulations on management of architecture are promulgated, all contents of the regulations must be made publicly available, except for the contents related to the state secrets in accordance with regulations of the law on protection of state secrets.

3. Regulations on management of architecture shall be promulgated using one or more of the following methods:

a) Via the website of the provincial People’s Committee and the agency making the regulations;

b) Via mass media;

c) Through conferences or seminars on announcement and dissemination of contents of the regulations;

d) Releasing a publication on the regulations.

Article 12. Contents of regulations on management of architecture

Regulations on management of architecture shall contain at least:

1. General provisions:

a) Provisions on management of architecture applicable to all areas covered by the regulations: overall scope and boundary covered by the regulations;

b) Criteria concerning the general urban planning and subdivision planning (if any) approved by the competent authority, national or local technical regulations and standards applied;

c) Orientations for control of space, architecture and landscape of the entire urban area;

d) Areas that require separate urban design; location and scale of works for which a design plan contest needs to be held;

dd) Provisions on architecture of works with a view to satisfaction of requirements for natural disaster management and climate change resilience.

2. Specific provisions:

a) Provisions on architecture applicable each area within an urban area by administrative divisions, functions or nature; applicable to protected areas;

b) Provisions on architecture of specific routes, squares, centers and gateways to the urban area; arrangement of signboards, advertisements and urban utilities; areas where architectural renovation priority is given, and implementation plan; areas subject to special management requirements; rural areas within the urban area;

c) Provisions on color and building materials; requirements on elevation, roof and 1^st storey of the structure;

d) Provisions on management of architecture of residential houses, public works and urban public utility facilities, industrial works and technical infrastructure premises;

dd) Provisions on management and protection of architectural structures of value;

3. Determining requirements concerning national cultural identity in architecture:

a) Specific factors with respect to natural, economic and cultural conditions and local customs related to the architectural identity;

b) Typical architectural forms; construction techniques and use of local traditional building materials;

c) Selection of an architectural plan or orientation that maintains the national cultural identity during construction and renovation of architectural structures.

4. The contents specified in Points e, g and h Clause 3 Article 14 of the Law on Architecture.

5. Guidelines for the regulations on management of urban architecture are provided in Section 1 Appendix II hereof.

Article 13. Contents of regulations on management of architecture of rural settlements

1. Regulations on management of architecture of a rural settlement shall contain at least:

a) Provisions on overall scope and boundaries covered by the regulations;

b) General orientation for architecture and landscape of the entire rural settlement;

c) Determining the national cultural identity in architecture of the rural settlement as prescribed in Clause 3 Article 12 of this Decree;

d) Specific provisions applicable to the center of the rural settlement, inter-commune roads, main roads, inter-village roads and landscape of the protected area; areas where villages are concentrated, areas developed along roads, rivers or water surfaces;

dd) Provisions applicable to public works: architecture of offices, health facilities, educational institutions, culture and sports facilities;

e) Provisions applicable to residential houses: constructed according to the norms set out in the approved planning for rural area development;

g) The provisions set out in Points dd, e, g and h Clause 3 Article 14 of the Law on Architecture and Point d Clause 1 Article 12 of this Decree.

2. Regulations on management of architecture of a rural settlement shall be separately made as prescribed in Clause 1 of this Article or incorporated into the general planning for commune development.

2. Guidelines for the regulations on management of the rural settlement are provided in Section 2 Appendix II hereof.

Article 14. Reviewing and assessing implementation of regulations on management of architecture

1. The agency making regulations on management of architecture shall review the regulations and assess implementation thereof every 05 years or on an unscheduled basis. The review and assessment results shall be reported in writing to the agency approving the regulations and the Ministry of Construction with respect to the urban area of Class I or higher.

2. The report on review of regulations on management of architecture serves as one of the bases for deciding to adjust the regulations.

3. Contents of review and assessment of implementation of the regulations:

a) Review of the current status and implementation of the regulations and construction projects within the scope of the regulations.

b) Assessment of the objectives achieved, and impacts and effectiveness of implementation of the approved regulations.

c) Review and analysis of new factors during management of architecture, conformity and consistency of the regulations with relevant planning and plan for socio – economic development in the area covered by the regulations.

d) Suggestions and proposals.

4. Documents concerning the reporting of review of the regulations include a written report, colored drawings on an appropriate scale and relevant legal documents.

Article 15. Measures to organize implementation of regulations on management of architecture

1. Measures to organize implementation of regulations on management of architecture include:

a) Promulgating documents and plans for implementation of the regulations;

b) Disseminating the regulations;

c) Supervising the implementation, carrying out inspections and taking actions against violations of the regulations;

d) Encouraging organizations and individuals to supervise the implementation of the regulations;

dd) Providing human resources, infrastructure facilities and funding for making and implementing the regulations.

2. People's Committees at all levels shall organize implementation of the measures mentioned in Clause 1 of this Article in a timely and effective manner.

3. The funding for making and organizing implementation of the regulations on management of architecture is as follows:

a) The funding for making and organizing implementation of the regulations shall be covered by the state budget in accordance with the Law on State Budget and its applicable guiding documents.

b) The Ministry of Construction shall promulgate a method of determining costs of making and organizing implementation of the regulations.

c) People’s Committees at all levels shall balance the sources of funding covered by the local government budget in order to make and implement the regulations within their areas.

d) The head of an agency shall manage the state funding for making and organizing implementation of the regulations; control the advancing, payment and preparation of final accounts in accordance with applicable regulations. Relevant agencies shall cooperate in inspection and supervision.

dd) If a consultancy is hired to make regulations on management of architecture, regulations of the law on bidding and relevant laws shall be complied with.

Section 3. ARCHITECTURAL PLAN CONTESTS

Article 16. Forms of architectural plan contests

1. An open contest, which is held without any limitation on the number of domestic and foreign (where necessary) organizations and individuals participating in the contest.

2. A restricted contest, which is held if there are several participants (but not less than 3) that are able to satisfy the technical requirements or typical characteristics of the structure for which the architectural plan is in the contest.

Article 17. Requirements for holding a contest

1. There is a design task in conformity with the construction planning, urban planning, urban design and regulations on management of architecture approved and promulgated by the competent authority.

2. A contest council is established.

3. The investment decision maker, investor, agency or organization assigned to hold a contest (hereinafter referred to as "the organizer") establishes a technical team to assist the contest council.

4. Within 30 days, information about the contest and contest council and contest results shall be published on one or more mass media or web portals or websites of the central or local architecture agency in the area where the contest is held.

Article 18. Holding a contest

1. Preparatory actions taken before holding a contest:

a) Complete procedures and collect data, legal documents, information about the architecture and planning related to the land reserved for construction of works.

b) Prepare and approve the plan and funding for holding the contest, contest rules and design tasks.

c) Establish a contest council and a technical team.

2. Upon performing design tasks, it is required to provide sufficient legal information about the building site, drawing of the current status, planning criteria, information about the land, purposes, nature and scale of the works; expected total investment; requirements on architecture, functions, technical requirements, connection with the general landscape and other relevant requirements.

3. Contest rules shall contain at least:

a) Form, scale, nature, purposes and requirement of the contest;

b) Regulations on conditions for competing in the contest; criteria, contents and sequence of holding the contest; time and place of the contest; application for the contest and validity of such application;

c) Composition of the contest council and basic information about expertise and experience of the council's members;

d) Costs of holding the contest and bases for calculating costs of design of works;

dd) Structure and value of prize (if any);

e) Rights and responsibilities of relevant parties, and copyright;

g) Contest entry forms;

h) Other issues required by each contest: type of the contest (contest for architectural ideas or for an architectural plan); regulations on contest rounds; actions taken if no optimal plan is found at the end of a contest round; rules for calculating the design costs of the project.

4. An application for the contest is composed of a description, architectural drawings, technical solutions, films, photos and models (if any) and financial proposals. There must be regulations on uniform language for the application (Vietnamese or bilingual), regulations on units of measurement and monetary units, and principles of anonymity which do not allow names and logos of consultancy units or authors to be shown on drawings or descriptions.

Article 19. Architectural plan contest council

1. The contest council shall assess and rank the submitted plans and assist the investor in selecting the optimal architectural plan that satisfies requirements on planning, architecture, culture, socio – economic efficiency, national defense, security and environmental protection for the purpose of producing designs of works.

2. Composition of the contest council:

a) The council must have an odd number of members and there must be at least 09 members.

b) The council must have 01 Chair and other members.

c) At least two-thirds of the council's members must be architects who have knowledge and experience regarding the type of works in the contest. There must be 01 representative from the regulatory agency for planning and architecture and 01 representative from the social or professional organization in practice of architecture.

d) The Chair of the council must be an expert having experience in designing architecture of multiple works which have been built and must have reputable career in the architecture field. The Chair shall be appointed by the council or invited by the investor.

dd) Members of the council must be persons who have expertise and experience in the fields of planning, architecture, construction and other relevant fields and work in an objective and upright manner. The organizer may invite foreign experts to join the council (if necessary).

3. Working rules of the council:

a) The council shall work in accordance with the regulations issued by the council (hereinafter referred to as "council regulations"). The council regulations shall specify rules and methods for assessing and ranking the submitted plans; working regime, tasks, rights and responsibilities of the council. The council regulations must be agreed upon by members. The Chair shall approve the council regulations on behalf of the council.

b) The council shall only assess and ranks the submitted plans if at least three quarters of the members are present.

c) The Chair, members and secretaries shall not publish and provide to organizations and individuals not joining the council the information about the issues discussed and conclusions given by the contest council during the assessment and ranking of the submitted plans.

d) Within 03 days after the point awarding is done, the contest council must send the contest results to the investor so that the investor considers recognizing the results.

4. Responsibilities of the council:

a) The Chair shall provide instructions on making of the council regulations; and preside over the council during the working time of the council.

b) Members of the council shall adhere to the working regulations of the council and take legal responsibility for ensuring confidentiality, objectivity and truthfulness, and shall not take any action that produces negative effects on the assessment and ranking results.

Article 20. Assessing and ranking submitted plans and announcing results

1. Submitted designs shall be assessed and ranked in accordance with the methods and criteria set out in the council regulations and the principle of a secret ballot to select a plan in a priority order of 1 - 3. The first-ranked plan is the architectural plan which wins the contest.

2. The assessment and ranking report must be signed by all participating members of the council and sent to the contest organizer, which will submit a consolidated report to the investment decision maker for approval.

3. If no plan satisfies the objectives and requirements set out in the contest rules, the contest shall be re-held.

4. The organizer shall make the results publicly available, award prizes after the contest and send the results to the specialized architecture agency affiliated to the provincial People’s Committee.

Article 21. Costs of holding a contest

1. The costs of holding a contest include funding for the council and technical team; amounts of prizes and assistance for contestants and other costs.

2. The contest organizer shall take responsibility for the costs of holding the contest.

Article 22. Rights and responsibilities of organizations and individuals participating in the architectural plan contest

1. The architectural plans in a contest must have their copyright ensured in accordance with the law on intellectual property.

2. If an organization or individual that has an architectural plan winning the contest is not fully capable of taking the next steps (providing consultancy on preparation of the feasibility study report or construction design), such organization or individual may set up a joint venture with a consultancy fully capable of doing so.

3. If an organization or individual that has an architectural plan winning the contest fails or refuses to take the next steps, the investor shall negotiate to use the architectural plan in accordance with regulations of the law on intellectual property and relevant laws; in case of failure to conduct a negotiation, the next ranked plan shall be selected to conduct a negotiation or sign a contract.

4. Responsibilities of the organizer:

a) Hold contests according to the approved contest rules;

b) Enable the council to perform its tasks. The organizer must not abuse its power to influence contest results.