| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 29/2007/ND-CP | Hanoi, February 27, 2007 |
DECREE
ON THE MANAGEMENT OF URBAN ARCHITECTURE
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Construction;
At the proposal of the Construction Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Decree provides the management of urban architecture, the rights and responsibilities of organizations and individuals involved in urban architecture.
Article 2.- Subjects of application
Domestic and foreign organizations and individuals involved in urban architecture in the Vietnamese territory shall comply with the provisions of this Decree.
Article 3.- Interpretation of terms
In this Decree, the terms and concepts are construed as follows:
1. Urban centers mean the cadastral boundaries of inner areas of cities, provincial towns or district towns, including urban districts and wards but not the outlying urban areas.
2. Urban space means the entire space of an urban center, including objects of urban architecture and the remaining space left after the construction before, after, above, under, next to urban architecture works.
3. Urban architecture means the urban tangible space covering assorted houses, technical and artistic constructions, urban landscape; advertisements; public spaces and works to be built under planning whose existence, images and patterns govern or directly affect the urban appearance.
4. Urban landscapes mean specific spaces with many viewing dimensions in urban centers such as spaces before architectural complexes, plazas, thoroughfares, pavements, footpaths, parks, greeneries, botanical gardens, flower gardens; hills, mountains, mounds, islands, isles, natural slopes, coastal land stretches, lake surfaces, river surfaces, canals running through urban centers and urban spaces for common use.
5. Architectural complexes mean house clusters or groups of works in urban centers, which are closely interrelated, technically synchronous and bound in utility.
6. Regulations on management of urban architecture means stipulations on management of urban architecture promulgated by People's Committees at various levels in order to manage urban architecture in accordance with this Decree and relevant legal documents.
Article 4.- Requirements of urban architecture
Urban-architectural works, when being newly built, transformed, renovated or repaired, must satisfy the following requirements:
1. Compliance with Vietnam's architectural development orientations already approved by the Prime Minister and compliance with the construction planning already approved by competent authorities.
2. Safety and sustainability in the use process, suitability to all subjects upon their access to urban architectural works.
3. Harmony between urban architecture components such as materials, colors, decorative details; assurance of public order, integration with regional landscapes and suitability to the works functions.
4. Unity and harmony in forms, appearance details, foundation height, first-floor height of architectural works on each street line or urban area.
5. Respect for traditional architecture elements, local characters, climate, customs and practice and protection of landscapes and environment.
Article 5.- Regulations on management of urban architecture
1. Regulations on management or urban architecture serve as a basis for determining the tasks and contents of urban embellishment detailed plannings, urban designs and stipulating the contents of granting permits for new construction, renovation, embellishment of urban architectural works.
2. Urban-architecture management must abide by the following principles:
- Unified management of from general space to specific space in urban centers;
- Assurance of the architectural inheritance and uniformity of each area in urban centers;
- Suitability to local characters and conditions;
- Gathering of comments of urban construction planning and architecture- managing bodies and local communities where regulations are elaborated before they are publicized.
3. Decentralization of the elaboration, approval and promulgation of urban architecture management regulations:
a/ The People's Committees of cities of grade I or higher shall organize the elaboration, approval and promulgation of urban architecture management regulations after getting the appraising opinions of the Construction Ministry;
b/ The People's Committees of cities of grade II and grade III, provincial towns and urban districts shall organize the elaboration of urban-architecture management regulations and submit them to the provincial-level People's Committees for approval;
c/ The People's Committees of cities of grade II and grade III and the People's Committees of rural districts shall elaborate, approve and promulgate urban architecture management regulations for wards, district towns under their respective management, which are compatible with the approved urban-architecture management regulations specified at Point b of this Clause.
4. The Construction Ministry shall specify and promulgate the model of urban-architecture management regulations.
Article 6.- Uniformity and the role of professional consultancy in urban architecture management
1. In order to develop urban centers in a sustainable, harmonious, beautiful, modern and peculiar manner, it is necessary to promote the advisory role of the Planning- Architecture Councils, professional associations involved in urban architecture towards establishment of the title of municipal chief architect.
2. The Construction Ministry shall assume the prime responsibility for, and coordinate with the Home Affairs Ministry in, providing and guiding the structure, functions, tasks and powers of the Planning- Architecture Councils at all levels, the regulations on consultancy of professional associations, and studying the scheme on establishment of the title of municipal chief architect; shall coordinate with the Finance Ministry in prescribing the operational funding of the Planning-Architecture Councils of different levels and submit it to the Prime Minister for consideration and decision.
Article 7.- Contest and gathering of comments on urban-architectural designs
1. For urban architectures specified in Clause 2, Article 55 of the Law on Construction, investors shall organize contests to select architectural designs.
2. For other urban architectural works which do not require selection contests but occupy special positions directly affecting the urban appearance, investors shall gather comments of professional associations or urban architecture experts, of the Planning- Architecture Councils, and consult with communities before they are approved.
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