26 OFFICIAL GAZETTE Issue nos OB·09/AprH 2010(Gong Bao nos 167-168/Apri/21, 2010)

Decree No. 38/20101ND·CP of April 7,2010, on management of urban space,architecture and landscapes

THE GOVERNMENT

Pursuantto the December25, 2001 Law onOrganization ofthe Government;

Pursuant to the June 17, 2009 Lawon UrbanPlanning;

At tIre proposal of the Minister ofConstruction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article t. Scope of regulation

This Decree provides the management ofurban space, architecture and landscapes; anddefinestherights, obligations andresponsibilitiesof organizations and individuals engaged inactivities-related to urban space, architecture and

landscapes.

Artlcle2. Subjects of application

Domestic and foreign organizations andindividuals engaged in acti vities related to urban

space, architecture and landscapes in theVietnamese territory shall comply with thisDecree.

Article 3. Principles for managing urbanspace, architecture and landscapes

1. The Governmentshall uniformly performanddecentralize the management of urbanspace,architecture and landscapes. People 'sCommittees of cities, towns and townships

(below referred to as municipaladministrations)shall comprehensively manage urban space,architecture and landscapes within administrativeboundaries undertheirmanagement. Local urbanarchitecture and planning management agenciesshall assist municipal administrations inmanaging urban space, architecture andlandscapes.

2. Urban space, architecture and landscapesshallbe managedin line withurbanplanninganddesignsandregulationsonmanagementof urbanplanning and architecture. Urban areas and street

lineswithoutdetailedurban planning anddesignsand regulations on management of urbanplanning and architecture shall be managedaccording to regulations and standards onconstruction planning promulgated by competent

state agencies and this Decree.

3. Urbanmanagement mustensureuniformityfrom general to specific space, inheritance ofarchitecture and landscapes, suitabilityto naturalconditions and characteristics and respect for

local customs and culture, and promotetraditional valuestopreserve the identity of urbanarchitecture and landscapes in each area andregion.

4. The management of urban space,architecture and landscapes must be based onapproved urban planning and designs andprovided in detail by municipal administrationsin regulationson management of urbanplanningand architecture.

Article 4. Use and exploitation of urbanspace, architecture and landscapes

All organizations and individuals living andoperating permanently and temporarily in urbancenters may enjoy urban space, landscapes andarchitecture and concurrently shall protect and

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OFFIC IAL GAZETTE 27

preserve, and observe the law on exploitation anduse of, urban space, architecture and landscapes.

Article 5. Architectural designing contests

Architectural designs of large-scale publicwo rks, work s wit h particular architec tura lrequirem ents, s:ianificant works or work s in

significant locations in urban centers shall be

chosen through co ntests or se lect ion ofarchitectural blueprin ts under current regulationsbefore the elaboration of construction investmentproject s Contests or selection of architectural

blueprints for other works in urban centers areencouraged.

ChapterII

MANAGEMENT OF URBAN SPACE,ARCHITECTURE AND LANDSCAPES

Article 6. Geueral provisions UII UI'LJal1 space.

architecture and landscapes

1. For urban space:

aJ General and specific space in an urbancenter shall be managed according to the urbanplan and design and regulations on managementof urban planning and architecture approved bycompetent authorities;

bl Existing urban space shall be managedaccordin g to the following basic areas: newlydeveloped urban areas; conservation areas; otherareas of an urban center; bordering areas betweenthe inner city and the suburbs or outsklns of anurban center;

d Close interrelation and link of space andlandscapes for bordering areas between the innercity and the suburbs or outskirts of an urbancenter must be ensured;

dl Terrain co ndi tio ns and sys tems ofgreeneries . water surface and transport shall be

.,

combined to create interrelated space in an urbancenter and natural ventilation nnd improve the

urban environment;

el Urban designing should make reasonab leuse of natural landscapes to create aes thetic

val ues assoc iated with co nve nience, moreeffective use of space and protection of the urbanenvironment.

2. For urban landscapes :

aJU rban landscapes shall be directly managedby mun ic ipal admini st rat ion s. Owners ofarchitectural works and urban landscapes shallprotect and maintain them in the course ofexploitation and usc;

bl Construc tion, upgradi ng and embellish-ment of architectural works in urban areas withlandscapes managed by municipal administra-

tions should restrict to the utmost change ofterrains and assure sustainable development otthe natural environment;

cl For areas with landscapes associated withhistori cal- cu ltural rel ics, sce nic places and

conservation areas, municipal administrationsshall, pursuant to the Law on Cultural Heritagesand current reg ulations , coo rdinate withprofessional agencies in studying and-evaluatingthe ir values before proposing appropriatesolutions for conservation and exploitation.

3. For urban architecture:

aJConstruction, improvement, embellishmentand upgratJing of architectural work-s in urbance nters must conform with approve d urbanplanning and designs. construction permits anellocal regu lation s on managem ent of urbanplanning and architecture;

bl Urban space may not be appropriatedunlawfully to increase use areas of works;

cl Construction "Ii'y be licensed only when

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28 OFFIC IAL GAZETTE Issue nos 08.09/Apri1201 0(G6ng Baa nos 167-1681ApriJ 21,2010)

areas and sizes of land lots for work or houseconst ruction comply with current law and local

regulations on management of urban plauniug

and architecture;

dl Works licensed to be built inside areas

recognized as cultural heritage sites must haveappropriate architecture and use materials with

co lors and materials similar to those of the

heritages sites ;

el The exterior of urban architectural worksmust not have colors and materials affectingpeople ' s vision and health and must meetrequirements on sanitation and traffic safety.

Article 7. Space of newly developed areas

Newly developed areas , which include newurban center s and expande d, upgraded andembellished urban quarters, must meet the

following requirements:

I. Space, landscapes and architectural worksare managed under approved urban planning andregulations on management of urban planning

and architecture.

2. Construction works must have architecturalappearance, colors and materials in compliance

with regulations on management of urbanp lann in g and arc hitecture of th e areas.

Cons truction of model new urban quarters isencouraged.

Article 8. Space of conservation areas

Conservation areas hsted tor conservation orstipulated by competent authori ties must meet

the following requirements :

I. The sp ace of conservati on areas ispreserved and promotes the typical value of theexisting space, architecture and landscapes of the

areas.

2.The space, landscapes, greeneries and water

surface surrounding and inside the precincts ofarchitectural works being histo rical-cultura l

relics and scenic places comply with the law on

cultural heritages and are closely managed andcontrolled.

3. Change of terrai ns and natural sceneriessuch as leveling or filling of land lots, hills and

mountains, lakes, ponds, greeneries and water

surface conform with approved urban planningand designs.

4. In conservation areas, the maximum heightat new works comply With regulations on work

heigh t limits und er urban planning; vertic alsections in all directions. appearance. materi alsand colors of roofs, gates, walls and fences should

follow the existing architecture and landscapesof the areas.

5. Architec tura l appearance, materi als andcolors of roofs and decoration of the exterior of

new, upgraded an d embe llished works and

conservation works are harmonious and uniform .

Article 9. Space of other areas of urbancenters

I. To e ncourage the increase of areas ofgreeneries and areas for traffic (including statictraffic) and public space and reduce construction

density in old urban centers and central areas ofurban centers with high construction density.

Mun icipal administrations shall set cons truction

density lim its and minimu m proportions ofgreeneries and land for public space according

to current regulations and standards; and deviseimpl em en tation roadmaps and plans in their

regulations on management of urban planning

and archi tecture.

2. Particular areas in urban centers such as

tourism, physica l training and sports and cultureareas must reflect their typical characteristics

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OFFICIAL GAZETTE 29

with open space and a spatial structure suitableto their use purposes.

3. Coastal areas, rivers, channels, canals,lakeside areas in urban centers; hills, mountains,forests; and specia l landscapes must preservetheir characteristics and beauty and the urbanenviron me nt and en sure sus ta iua h le

development.

4. Municipal administra tions shall adopt plansto upgrade, embellish and build street quarters

with degraded condominiums and street frontagehou ses under current regula lto ns and

concurrently adopt support plans when necessary.

5. Construction and embellishment of urbanarchitectural works in areas close to railways,waterways, expressways, airports, dykes, powertransmi ssion lines and military bases must

comply with regulation s on traffic sa fetycorridors for road, waterway, railway, airway,

dykes, elec tricity transmis sion lines and airclearance heights and meet other conditions asprescribed by law.

Article 10. Space of bordering areas betweeninner cities and suburbs

I. Municipal administrations shall identify the,cup

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instruction sign s must ensure beauty, safety,convenience and uniformity and be in proportion

to architectural works,

5. Sidewalks and footpaths in urban centersmust be built uniformly and appropriately interms of height, material and color for each streetline andareain urban centers. Tree-growing holes

must have appropriate sizes and ensure safetyfor pedestrians, especially the disabled, andconvenience for tree protection and tending,

6, For landscapes of squares, newconstruction works must meet proportional

requirements and clearly reflect the nature and$lgnific::Jtfte of each square space.

Article 12. Landscapes of pa rks andgreeneries and artificial landscapes

L Greeneries in urban centers shall be grown,tended, maintained, protected, classified andarranged under planning and current regulations,

standards and law,

2, Secular trees in urban centers, in natural

parks and within the precincts of villas, gardenhouses, pagodas, temples, shrines, churches,

historical and cultural relics and urban publicworks shall be protected and managed under law.

3, To encourage the plantation of trees suitable

to the functions and nature of urban areas toprotect the eco-enviroument, to select trees for

harmonious and lively combination of colors tocreate unique characteristics for each area andurban center.

4, Artificial landscapes such as ponds ,reservoirs, miniatures, greenenes and mountsmust be design ed appro pria tely and builtuniformly in harmony with the surroundinglandscapes and environment and in conformitywith t he func tio ns and geog raphi calcharacteristics and nature of urban centers and

areas,

Article 13. Natural landscapes

L Natural landscapes in urban centers shallbe strictly protected and have their natural terrain

characteristics preserved,

2. Natural landscapes, Dora, natural eco-

system, mounds, hills, seasides, estuaries and

water surface which directly or indirectly affectthe environmental quality and sus ta inabledevelopment of urban centers shall be zoned offaud have use iusu uctious and protec tionguidance,

~ . All activities harming or misshapinglandscapes and scenic places or changing their

natural appearance are prohibited. Leveling, fill-up and change of natural terrain conditions of

urban centers (such as lakes , rivers, streams,channels, canals, lagoons. mounds and hills) arerestricted to the utmost.

Article 14. Urban architectural complexes

Construction of architectural complexes or

groups of architectural works in urban centerswhose items are closely and uniformly connectedin terms of functions and techniques must ensurethat:

L The maximum length of architecturalcomplexes or groups of works comply withcurrent construction regulations and standards,ensure natural ventilation for the area andconvenience for traffic and fire fighting.

2. The height of works be reasonablyprop ortionate in spac e and co mply with

construction permits. Construction or installationof additional architectural objects higher than thepermitted height of works is disallowed.

3. Setbacks of works conform with approvedplans and regulations on management of urban

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OFFICIAL GAZETTE 31

planning and architecture. To encourage theincreaseof setbacksand areas of greeneries andreduction of construction density.

4. New construction works on street comersassurevisibility, safetyandconvenience for roadusers.

Article 15. Urban houses

1. For houses in old streetquarters, villasandgarden houses with separate premises in urbancenters listed for conservation, to preserve theirexisting appearance and ensure construction

density, number of stories, heights andarchitectural styles.

2. For houses to be built on street frontagesat different times, those built later must, apartfrom complying with approved detailed planning,

be based on the heights of the foundation, firststory and balcony, height and projection of theporch and colors of houses built earlier underlicenses to create harmony and uniformity forthe whole street line.

3. For old anddegraded residential buildingsand condominiums. municipal administrationsshalladoptplanstomovetenants fromdangerousareas and upgrade themor build new ones underapproved detailed planning, ensuring theconnection of technical and socialinfrastructure,environmental sanitation and urban qualityimprovement.

Article 16. Particular works

1. Municipal administrations shall issueseparate regulations to manage urbanarchitectural works of nationalor localhistoricalor cultural significance, works for religion andbelief, statues of national celebrities andsymbolsof urban culture as part of regulations onmanagement of urbanplanning and architecture.

2. Municipaladministrations shall study andevaluate based on scientific grounds and adoptsolutions to preserve houses in ancient streetquarters of typical architecture or alreadyhistorically or culturally ranked.

3. Other particular works such as fountain,miniatures, decorations in flower gardens arid

parks must have sizes, shapes and materialssuitable to the actual landscapes and conditionsand reflect cultural characteristics of each areaor region.

Article 17. Other architectural works

1. Public officebuildings, sports and culturalworks, schools, hospitals and healthestablishments tobe built inurban residential.areasmust conform with approved urban planning.

When detailed planning and regulations onmanagement of urban planning and architectureare unavailable, licensing of the constructionthereofmustbebasedonregulations andstandardson planning and ensure infrastructure connection

and convenience for the gathering and relocationof people and movement of vehicles.

2. Marketplaces and supermarkets-to bebuiltin urban centers must have parkiI1~' lots, belocated under approved urban planning, have

sufficient areas and be safeandconvenientunderregulations and standards; and ensure order;sanitation and street beauty;

3. Existing industrial works and productionworkshops in urban centers which adverselyaffect the environment must be relocated orchange their functions.

4. Change of functions or use purposes ofsecurity and defenseworks in urban centersmustbe licensed by compe tent authorities. Theconstruction of theseworks must notaffecturbansafety, landscapes and environment.

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5. Outdoor individual advertisement objectsnr those attached to urban architectural worksmust comply with the advertising law.

Ar ticle 18. Power supply and lighting works

in urban centers

\ . Municipal administrations shall upgrade orbuild anew to replace transformer stations whichaffec t urban beauty. Use of new technologiesensuringsatety, utinty and beauty ISencouraged.

2. Electric wires in urban centers must bearranged properly on the principle of replacing

uninsulated with insulated wires and graduallylaying them all underground.

3. Public lighting or lighting of the exteriorof works must ensure beauty, safety, effectivenessand power saving arul compl y with cun eut

regulations.

4 . F ill ing and fu elling starions must he.

arranged und er ap proved planning. Th eappearance and colors of these works must ensurebeauty and reasonable and sate distances from

residential areas or crowded places.

Article 19. Urban water supply and drainageand environmental sanitation works

1. Ur ban water supp ly and drainage andenv ironmental sanitatio n wo rks mu st bedesigned. built and installed uniformly withapprop ria te, standard and dura ble materials.ensuring beauty, environmental sanitation. safetyand convenience for people and vehicles.

2. Lakes and rivers in urban centers shouldbe embanked with tali (embanking solutions mustensure beauty and environmental protection). If

having fences. the rail s must be rat ion all yarchitected. The structure of water dischargemouths must ens ure safe ty. hygiene andconformity with the entire route.

e :

3. Public toilets on street quarters and streetsmust be reason ably arranged. ensuringenv ironme ntal sani tation , beau ty and

convenience for all users.

4 . S tre et rubbish bins mu st be placedreasonably and uniformly to ensure beauty. haveappropriate sizes and styles and be convenient

for use and easily identified.

Article 20. T lU U'PUl I wor k iu urbun centers

1. Transport works and their support worksin urban centers must be designed uniformly toensure convenience for road users and vehicles;have architectural appearance and colors whichmeet beauty requirements, are easily identified.reflect the characteristics of those urban centersand match other related works.

2.For large-scale transport works in important

positions affecting urban beauty (bridges overrivers, overpasses. pedestrian bridges). contestsor selection of architectural designs must be heldbefo re the formulation of construction investment

projects.

Article 21. Information and telecommuni-

cations works in urban centers

1. Television towers in urban centers must be

built in appropriate sites scenically in line withapproved urban planning while ensuring theirservice radius.

2. Antenna towers and dish antennas must beinstalled in position s perm itted by urbanmanagement agencies and ensure safety andbeauty under law.

3. Telephone and communication wires and

television and internet cables must be replacedwith multi-core wires of same technical features.

To adopt plans to remove unused equipment andlines and gradually lay them all underground,

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OFFICIAL GAZETTE 33

4. Public telecommunications works, passivetelecommunications technical infrastructureworks, information technical boxes, mailboxes,telephone booths, communication devices onpa vements must be arrauged under app roved

urban planning and designs, have sizes suitableto pavements' and appropriate and harmoniouspatterns and colors and be easily used withoutobstructing pedestrians.

Chapter Jll

REGULATIONS ON MANAGEMENT OFURBAN PLANNING AND

ARCIDTECTURE

Article 22. General provisions

1. Regulations on management of urban

planning and architecture apply to organizationsand individuals engaged in the investment,construction, upgrading and embellishment ofurban centers and must conform with approvedurban rl~n_" nnd m~n :1e~mp.nt regulations basedon urban plans, and approved urban designs.

2. A regulation on management of urbanplanningand architecture includesprovisionsonmanagement of general space of urban centersand provisions on landscapes and architectureof urban areas, streets and street lines in urbancenters identified by municipal administrationsbased on management requirements.

3.Municipal administrations at all levels shallelaborate, appruve, announce, promulgate andimplement regulations on management of urbanplanning and architecture under Clauses I thru5, Article 24 of this Decree.

4. Regulations on management of urbanplanning and architecture serve as a basis forarchitec ture, planning and constru cti onmanagement agencies to manage construction

investment and license the constru ction,upgrading and embellishment of architecturalworks and designing of urban landscapes, andprovide gro unds for urban planning anddesigni ng (or areas without approved urbanplanning and designs.

Article 23. Contents of regulati ons onmanagement of urban planning and architecture

1. Regulauou VII management uf urban

planning and architecture of the entire urbancenter:

a/ A regulation on management of urbanplanning and architecture of the entire urbancenter is formulated on the basis of the approvedurban plan;

bl A regulation on management of urbanplanning and architecture of the entire urbancenter containsprovisions on managementof theentire urban center; identification of particularareas, areas with priority managementreq uirements , areas in need of pa rticularregulations; and areas without approved urbanplanning and designs;

cl Provisions on management based onapproved planning; manag ement of urbanlandscapes and archi tecture fur each area basedon their characteristics such as newly developedareas.conservationareas; otherareasin theurbancenter; bordering areas between the inner cityand the suburbs. areas subject to separatemanagement regulations;

dl Provisions on responsibilities of themunicipal administrat ion and co nce rnedspecialized agencies for organizing. directing,monitoring and implementing urban planning;identifying areas and street lines prioritized forembellishment; making plans for the formulationof planning for unplanned areasandareasinneed

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34 OFFICIAL GAZETTE Issue nos 08·091April2010(Gong Baa nos 167-168/Apn/21, 2010)

of adjustment of urban planning and designs.

2. Contents of regulations on management of

urban planningandarchitecture of specificareas:

aITo workout plansof management of urbanareas in each period. drawings illustrating themanagement of each area, street and street linesuch as central, .administrative-pcllucal, trade,

service, culture-sports, education and trainingareas, heritage conservation areas,squares, parks,water surface, trunk roads and city gatewaysidentified by the municipal administrationaccordlug tv management iequheiueuts;

bl Management provisions must conformwith approved urban zoning planning. detailedplanning and designs and this Decree;

cl Specific prov isions on planning andarchitecturemanagement for each areaand streetline in the urban center according to its nature,geographical characteristics and socio-economic

conditionss

dl Other provisions such as spec ificrequirements on workheight, standard foundationlevel, first-story heights of adjacent streetfrontage houses; architectural styles, materialsand colors of the exterior and roofs of works.For areas without approved and promulgatedurban zoning and detailed planning and urbandesigns, to study and elaborate managementregu lations based 011 general planning and

development orientations for urban centers,construction planning regulations and standardsand actual requirements and conditions.

3. Regulations on management of urbanplanning and architecture shall be formulatedbased on actual requirements of urban centerssuch as socio-economic and cultural conditions

and characteristics of those urban centers.

4. Methods to p.ncollrage. the. participation in

and contribution to more effective manazementt»and use of urban space. works and landscapes;solutions to prohibiting, restricting andencouraging each act and measures to controlnew constructi on and upgrading andembellishment of existinglandscapes and works.

5. Regulations on management of urban

planning and architecture shallbe adjusted in linewithurbanplanning anddesigns andpartialurbanplanning adjustments.

Article 24.Formulation, approval. promulga-tion and announcement of regulations onmanagement of urban planning and architecture

I. Formulation and approval of regulations:

aI For urban centers to be approved by thePrime Minister, municipal People's Committees

shall formulate, approve and promulgateregnlations on management of urban planningand architecture; consult concerned ministriesand brancheswhenelaboratingthem; and obtainthe Ministryof Construction's agreementbeforeapproving these regulations;

blPeople's Committees of cities beinggrade-2 and grade-3 urban centers and towns shallformulate regulations on management of urbanplanning and architecture applicable to urbancentersundertheirmanagement and submitthemto provincial-level People 's Committees forapproval;

cI People's Committees of cities being grade-2 and grade-S urban centers and district-levelPeople's Committees shall formulate, approveand promulgate regulations on management ofurban planning and architecture for townshipsunder their management in conformity withregulations on management of urban planningand architecture approved under Point a of thisClause (if any).

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OFFICIAL GAZETTE 35

2. Pro mulgat ion and announcement ofregulations: Regulations on management ofurban planning and architecture must be widelydistributed inprinted publications andannouncedin the mass mediaand at the offi ces of People'sCommittees and local planning and architecturemanagement agencies of cities, towns,townships, urban' districts and wards within 30days after they are approved.

3. The time limit for formulating a regulationis 12months forurban centers of grade 1or highergrade; and 9 months, for urban centers of grade 2or lower grade.

4.Provisions applicable tospecific urban areas,streets and street lines specified in a Regulationmust be commented by concerned agencies andorganizations and the community in those areas,

5. Expenses for the elaboration andannouncement of regulations on mnna~ement of

urbanplanning and architectureshall be coveredby local non-business and economic funds.Expensesshallbecalculated basedoncategoriesof urban centers; areas, for urban areas; andlength, for street lines.

6. The Ministry of Construction shall providein detail and promulgate a model Regulation onmanagement of urban planning and architecture;provide the calculationofexpensesforelaborating,collecting comments on, printing and disseminating

regulations on managementof urban planning andarchitecture; and guideother necessarycontents tomeet state management requirements.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONSAND INDIVIDUALS FOR URBAN SPACE,

ARCIDTECTURE AND LANDSCAPES

Article 25. Responsibilities of owners .

investors and users

1. To observe iegulatlous UlI management ufurban planning and architecture promulgated bymunicipal administrations and other relevantregulations onurbanmanagement; toprotectandpreserve the image and existing status ofarchitectural works under their ownership or use;

to promptly repair damaged works.

?_ Wh en buildin g, improving or upgrading

urbanarchitectural works, to comply with urbanplanning and approved regulations onmanagement ot urban planmng andarchitecture.To change the architecture, functions, force-bearing structure of works and add or reduceparts, changethe appearance, roofing materials,colors of works, tiling materials, details or partsof the exterior of works only when so permittedby competent agencies. When failing to observeregulations on management of urban planningand architec ture or violating constructionregulations, tobeadministratively sanctioned andto dismantle violating worksunder law.

3. When leasing works to organizations orindividuals for use, owners shall sign contracts

which must fully provide requirements andcontents specified in Clauses 1 and 2 of thisArticle. Actual users of space, landscapes andworks thatare nottheirowners shallalsocomplywith Clauses 1 and 2 of this Article

Article 26. Responsibilities of designingconsultants

1.Tomeetconditions oncapacity, experienceand professional practice under law.

2. Designing consultants, designers anddesign plan managers shall conduct authorsupervis ion under law; and take jointresponsibilities for beauty, durability, safety andutility and conformity with the environment,

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36 OFFICIAL GAZETTE Issue nos 08·09/April201 0(G6ng Beo nos 167-168/Apri/21, 2010)

urban architecture and landscapes.

3. To obs e rve reg ula ti on s on urb anmanage ment under ap proved pl annin g.

construction regulations and designing standards.

Article 27. Responsibilities of builders

L Builders of urban architectural works shall

complete. construc tion on time according todesigns and observe contractual terms.

2. In the course of construc tion. finishing,repair and maintenance of works, to takemeasures to mitigate adverse impacts on the

community, space, architecture and landscapesof the areas where those works are located.

3. Together with investors, to adopt safety

meas ures in the course of construction anddismantlement; to regenerate the environment,space and landscapes damaged by work

construction.

4. To comply with provisions of construction

permits and current relevant regulations on urbanarchitecture.

Article 28. Role of critical comments in themanagement of urban space, architecture and

landscape.s

1. Municipa l admini strations shall consu lt

local Architecture-Planning Cou nc il s andrelevant professional associations wh en

elaborating regulations on management of urbanplanning and architecture.

2.To encourage organizations and individualsto study and propose planning and architecturesolutions , contributing to beautify urban space,

arch itecture and landscapes and redu cingviolations.

Ar ti cl e 29. Pub lic oversight of themanagement of urban space . architecture and

landscapes

1. Community representatives or individuals

may ove rsee mu ni ci pal administra t ions .organizations and individuals in complying withthe construction law and the law on management

of urban planning and arc hitecture; and inprotecting, exploiting, repairing and embellishing

architectural works and urban landscapes under

curren t law ; and report on viol ations ofregulations on management of urban planningand architec ture in areas to municipaladministrntions directly managing those arcus.

Municipal administrations shall study, consider,absorb and give feedback to public oversightopinions.

2. Grou nds for public oversight are lega ldocuments UII manage ment of urban space,architecture and landscapes, zoning plans ,

detailed planning, urban designs and mock-upsmad e on a sca le und er approved detailedplanning. promulgated regulations onU1UUUg t:1l1t:ul uf urban plauuiug and architecture,

project dossiers and design drawings approved

and promulgated by competent authorities.

Article 30. Management of upgrading andmaintenance of urban works and landscapes

1. Municipal administrations shall provide theprocess and time for upgrading and maintainingurban architectural works and landscapes underthe construction law, ensuring safe use andpreservation of urban beauty.

2. When urban arch itectura l works and

landscapes are degraded or damaged before thescheduled maintenance time , municipaladmin istrati ons or authorized agencies shallnotify such to owners, users or operators of theseworks and direct them in promptly remedyingand maintaining the works.

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OFFICIAL GAZETTE 37

Article 31. Management and preservation ofdocuments related to urban space. architectureand landscapes

1. Legal documents, dossiers, drawings,mock- ups, exp lanations, regul ati ons onmanagement of urban planning and architecture(below refer red to a, documents) include:

- Documents on urban planning and designs,architecture and bmrl~apes of areas;

- Documents related to urban works andarchitecture;

- Other related documents.

2.Documents shallbemanaged andpreservedat construction, architecture and planning statemanagement agenci es ; consultancyorganizations, investors, builders, owners and

agencies managing urban areas, landscapes andarchitec tural work s. The management,preservation, exploitation and use of documentscomply with the law on archives.

Chapter V

STATE MANAGEMENT

RESPONSIBILITIES FOR URBAN SPACE.ARCHITECTURE AND LANDSCAPES

Article32. Responsibilities of ministries andministerial-level agencies

I. The Ministry of Construction shall assistthe Government in performing the uniform statemanagement of urban space, architecture andlandscapes and perform the following tasks:

al To assumethe prime responsibility for, andcoo rdinate with co ncerned ministri es andbranches and localities in, guiding, propagating.

disseminatingand organizing the implementationof this Decree;

bl To guide localities in implementing theGovernment's documents on management ofurban space, architecture and landscapes; torespond to inquiries of localities, organizationsand indi vidual s re lated to u rban space ,architecture and landscapes within its functions;

cI To examine and inspect the management

of urban space. architecture and landscapes; torespond to complaints and denunciations underlaw;

dl To perform the tasks specified in Clause 6,A rticle 24 of this Decree.

2. Ministries and ministerial-level agenciesshall, within the amhit of their tasks and powers,coordinate with the Ministry of Construction inguiding localities in performin g the statemanagement of urban space, architecture andlandscapes.

Article 33, Responsibilities of People'sCommittees at all levels

I.To take full responsibility for urban space,architecture and landscapes; to organize theimplementat ion of this Decree and handleviolations in localities under their management.

2. To direct their.spe cialized agencies inimpl ementing approved urban p lannin g,proposi ng contents of regulations onmanagement of urban planning and architecture

pursuant to Articles 22 and 23 of thisDecree andmanaging urban space , arc hitectu re andlandscapes according to their functionsand tasks.

3. To elaborate regulations on managementof urban planning and architecture applicable tourban centers under Clauses I thru 5, Article 24of this Decree, andguide. monitor. superviseandorganize the implementation these regulations.

4.Todefine responsibilities of their functional

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38 OFFICIAL GAZETTE Issue nos08·09/Apri12010(Gong Beonos 167·168/April21, 2010;

agencies for the management of urban space.architecture and landscapes in their localities; to

decentralize and specify tasks of units andindividuals directly monitoring. supervising andperforming the manage ment of urban space.architecture and landscapes.

5. To directly .consider and decide according

to their comp etence on issues related to themanagement of urban space , architecture andlandsc apes such as guide li nes for workconstruction investment; mechanisms to supportpeople; project contents, co nstruction proces s;

and.management, exp loitation, maintenance,repair and upgrading of urban works andlandscapes ..

6. To notify owners or users of degraded ordamaged urban landscapes and architecture; toprocess information provided by the public onthe implementation of regulations onmanagement of urban space, architecture and

land scapes by organizations and individualsmvolvecthe construction. ownership and use of

urban arcliitectural works; to handle violationsof regulations on management of urban space,architecture and landscapes under law.

7. To disseminate and implement theGove rnment's documents and regulations onmanagement of urban space, architecture andlandscapes

8. To assign , organize and monitor the

implementation of this Decree and regulationson management of urban space, architecture andlandscapes 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 onmanagement of urban planning and architec ture

in their localities: detect and handle violationsaccording to their competence in localities under

their mana gement; and report to munici paladministrations and their managing agencies.

2. Violators of regulations on managementof urban planning and architecture and thisDecree shall, depending on the severity of their

violations, be handled under law.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 35. Effect

1. This Decree takes effect on May 25,2010.

2, This Decree replaces the Government' sDecree No. 29/2007/ND-CP of February 27,2007. on management of urban architecture.

Article 36. Transitional provisions

Urban centers that promulgated regulationson management of urban architecture before theeffective date of this Decree may apply these

regulations. Within 12 months. municipaladministrations shall consider, modify andamendthese regulations to comply with this Decree.

Article 37. Implementation responsibilities

1. Th e Mi ni stry of Constructi on sha llcoordinate with concerned ministries and

branches in guiding, monitoring and examining

the implementation of this Decree,

2. Mi nisters, head s of mini steri al -levelagencies, heads of government-attached agenciesand chairpersons of provincial-level People'sCommittees shall implement this Decree -

On behalfof the Government

Prime MinisterNGUYEN TAN DUNG

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