Nghị định 29/2007/NĐ-CP của Chính phủ về quản lý kiến trúc đô thị

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.

Article 8.- Management and archival of documents relevant to urban architecture

1. Legal documents, dossiers, drawings, models, explanations, management regulations on urban construction plannings, urban architecture management regulations (hereinafter called documents for short) include:

- Documents on urban construction plannings, regional landscape architecture.

- Documents on architectural works and details of works under urban architecture.

- Other relevant documents.

2. Documents must be managed and archived at agencies performing the state management of construction, architecture and planning; conservation and culture agencies; consultancy organizations, investors, building contractors, urban architectural work owners. The management, archival and use thereof comply with legal provisions on archive.

Chapter II

CONTENTS OF URBAN ARCHITECTURE MANAGEMENT

Article 9.- Provisions on urban architecture

1. The construction, renovation, embellishment or upgrading of urban architectural works must comply with detailed plannings approved by competent authorities, construction permits and local urban-architecture management regulations

2. Additional structures of any materials may not be created to increase flooring space or expand, occupy urban space. Violations shall be administratively sanctioned and such structures shall be dismantled according to the provisions of law.

3. New urban architectures under approved construction plannings or under permits for embellishment, renovation must ensure beauty, safety and harmonize with surrounding spaces, especially works with vertical frontages facing streets, sea, rivers, canals or lakes.

4. Only when the remaining land left after ground clearance under plannings is large enough and has a shape provided by the Law on Construction and the urban-architecture management regulations of local administration shall construction permits be issued.

5. Upon renovation, embellishment, restoration or maintenance of ancient works, materials of different properties or different colors may not be used as substitutes for the existing materials of such works.

6. For architectural works newly built in areas already recognized as architectural heritages, materials with colors and substances similar to those of the existing works of the areas shall be used.

7. For the facades of urban architectural works, the colors which dazzle or reflect beyond the limits of hygiene and safety for human health may not be used.

Article 10.- Provisions on urban architectural complexes

Urban architectural complexes are provided as follows:

1. The maximum length on a horizontal line along road surface must ensure natural air ventilation for areas behind and convenient for traffic as well as fire fighting.

2. The maximum height of architectural works, measured from the surface of the pavements of the areas stated in the construction permits, is the maximum limit for the construction sections of the works. Other architectural objects higher than the permitted height may not be built or installed.

3. The backward distance of the works as compared with the red-line boundaries must comply with the detailed regional planning blueprints of 1/500 scale and the provisions of the urban-architecture management regulations.

4. Urban-architectural works newly built in land plots with corners created by cross-sections of streets must not obstruct the vision of, and ensure safety and convenience for, vehicle drivers.

Article 11.- Provisions on urban landscapes

1. Urban landscapes are directly managed by municipal administrations and protected and preserved by urban-architectural work owners in the course of exploitation, use and management under urban-architecture management regulations.

2. When urban-architectural works are built in areas classified as urban landscapes to be managed under regulations of local administrations, the change of original terrain conditions must be minimized and approved by local administrations.

3. For landscapes associated with historical-cultural relics, scenic places or national or local nature conservation zones, local administrations shall coordinate with professional agencies in conducting research to confirm their scientific values before proposing solutions or working out the conservation and exploitation regulations.

4. Secular trees in natural gardens, villas, pagodas, temples, shrines, churches, historical-cultural relics, urban public facilities shall be preserved. Urban greenery management bodies shall coordinate with owners in making lists thereof for protection, management and tending according to current regulations.

5. Pavements, footpaths in urban centers shall be built synchronously and harmoniously in height, materials and color of each street line; tree-planting holes must have sizes suitable to the width and the flatness of street pavements, ensuring safety for pedestrians, especially the disabled, and convenient for tree protection and tending.

Article 12.- Provisions on advertisement in urban centers

Advertising objects standing independently in the open air or fixed to urban architectural works must comply with legal provisions on advertisement. It is strictly forbidden to erect advertisements of any types without permission of competent bodies.

Article 13.- Provisions on urban dwelling houses

1. For dwelling houses in ancient street quarters or other urban quarters classified as relics, municipal administrations shall organize research and adopt measures to preserve the typical architectural conditions of ancient houses and ancient streets. The change, repair, maintenance thereof, when necessary, must comply with the legal provisions on cultural heritages and urban-architecture management regulations.

2. For dwelling houses in ancient street quarters listed for conservation under the municipal administrations' regulations, the renovation or embellishment thereof must strictly comply with the detailed construction planning blueprints or upgrading projects approved by competent authorities.

3. For villas and garden houses with separate premises in urban centers, which are listed for preservation, their original appearances, construction density, numbers of floors, height and architectural styles shall be preserved. The restoration or repair thereof must meet the requirements specified in Clause 2 of this Article.

4. Newly built street frontage houses must comply with the detailed plannings approved by competent authorities. When they are built not simultaneously, subsequent contractors must comply with the approved detailed plannings and base on the foundation height, floor heights, and colors of houses previously built under granted permits.

5. For condominiums and lodgings with expired use duration or degraded, which are on the lists of dangerous houses, municipal administrations shall work out plans to relocate dwellers from the danger areas for renovation, upgrading thereof or construction of new condominiums under the detailed plannings approved by competent authorities, ensuring traffic safety and convenience, environmental sanitation and technical infrastructure connection.

Article 14.- Provisions on energy supply or public lighting facilities

1. If existing transformer stations affect the urban beauty or traffic, municipal administrations shall work out measures to modify them or build new ones as substitutes in order to meet the safety and good-looking requirements and the wires thereof shall be put underground to the utmost.

2. Urban electricity wires shall be rationally arranged on the principle that uninsulated wires will be replaced by insulated wires, proceeding to fully put them underground.

3. Public lighting on streets, for separate works, public squares or parks must be rational in functions, positions, lighting duration, illuminating extents, safety, efficiency and energy saving. The lighting in these areas must comply with construction plannings and current lighting standards. It is forbidden to take advantage of lighting to affect the environment, human health, safety and urban beauty.

4. Fill-up stations and fuel gas supply stations shall be arranged according to approved construction plannings, ensuring urban beauty, rational intervals and safety for residential areas or crowded places.

Article 15.- Provisions on water supply or drainage works, urban sanitation.

1. Water supply works, waste water drainage systems, pump stations, water pools, fountains, waste water- or rain water- gathering mouths, culvert lids, rubbish grates on streets or footpaths shall be properly designed, installed and made of appropriate materials, durable and safe for humans and traffic means and ensure urban beauty. Street fire plugs shall be located at rational intervals, control-numbered, painted in easily identifiable colors and arranged at places large enough for fire engines to move in.

2. Lakes and rivers running through urban centers shall be embanked with tali; if having fences, the rails must be rationally architected; their water discharge mouths must ensure safety, proper design and be compatible with the whole line's landscape.

3. Public toilets shall be properly designed and be convenient for all users.

4. Street rubbish bins shall be placed at prescribed places, have proper designs and sizes suitable to all subjects, be convenient for use and easily identified.

Article 16.- Provisions on urban traffic works

1. Urban traffic works and urban traffic supporting facilities shall be synchronously designed to ensure communications by humans and means; satisfy the standards on light, environmental sanitation and fire fighting; their designs and colors must meet the aesthetic and peculiar requirements of urban centers and harmonize with other relevant works in urban centers. Priority shall be given to separate roads for disabled and visually handicapped persons.

2. Traffic safety facilities in urban centers shall be designed in harmony with the traffic systems, ensuring fast human exit in case of fires, explosions or natural disasters; must bear signs for easy identification by handicapped persons; must have sizes, designs and colors meeting the aesthetic and peculiar requirements of urban centers.

Article 17.- Provisions on urban information works

1. Upon building television towers in urban centers, proper construction sites shall be selected to ensure beauty, coverage radius and conformity with approved construction plannings.

2. Antennas shall be installed at proper locations permitted by urban center-managing bodies.

3. Telephone and communication wires shall be replaced with multi-core wires; equipment and wires no longer in use must be removed; the whole networks shall be gradually put underground.

4. Information technical boxes, letter boxes, public telephone booths, information equipment on pavements shall be arranged according to approved plannings, with sizes suitable to street pavements, have appropriate patterns and harmonious colors, be easily used and not obstruct pedestrians.

5. The Telematics Ministry shall specify and guide the management of urban communications wires and equipment.

Article 18.- Management of work maintenance

1. Municipal administrations shall provide the process of maintenance of urban architectures according to legal provisions on construction, ensuring use safety and preserving urban beauty.

2. When urban architectural works are partially damaged and their appearance details are degraded ahead of the prescribed maintenance time, municipal administrations or authorized agencies shall notify such to and direct their owners or current users and works-managing agencies to remedy or repair them in time.

Article 19.- Provisions on peculiar zones in urban centers

1. Peculiar zones include the following major ones:

a/ Old city centers, peculiar central zones or densely-constructed zones;

b/ Ancient street quarters, ancient villages in urban centers, conservation zones, historical-cultural relics zones, scenic places;

c/ Old street quarters of architectural heritage value;

d/ Exclusive zones for tourism, physical training and sports, culture;

e/ Zones along coasts, rivers, lakes, canals; hills, mountains, forests; special landscapes;

f/ Streets where exist degrading lodging quarters, residential houses or numerous makeshifts;

g/ Housing development zones, new urban centers.

In urban centers where exist peculiar zones, municipal administrations shall coordinate with functional bodies and direct professional agencies in conducting surveys, measurement, research and statistics, which serve as grounds for zoning off and elaboration of urban-architecture management regulations; work out plans for preservation, renovation, restoration, embellishment, modification or upgrading according to requirements and urban management decentralization.

2. In other special zones of urban centers such as those lying close to railways, expressways, airport areas, dyke protection corridors, military bases, the construction and embellishment of urban-architectural works must comply with the regulations on traffic corridor safety, dyke protection and national security maintenance.

3. Population quarters, areas where urban-architectural works lie within high-voltage transmission line protection corridors must comply with legal provisions on electricity.

Article 20.- Provisions on peculiar urban-architectural works

1. The construction, modification, renovation of religious or belief works in urban centers must comply with legal provisions on construction, religion, beliefs, on cultural heritage and relevant provisions of this Decree.

2. Urban-architectural works of historical or cultural significance of the nation or localities, statutes of national celebrities, common cultural symbols of urban centers shall be managed under separate regulations.

3. Architectural works of peculiar characters such as monuments, urban decorations, fountains, miniatures in flower gardens shall be arranged according to approved plannings; must have shapes, sizes and materials suitable to practical conditions, demonstrating the cultural styles of each region, zone.

Article 21.- Provisions on other types of urban architecture

1. The construction of office buildings, sport or cultural facilities, schools, hospitals and medical establishments in urban population quarters must comply with approved construction plannings and must have the appropriate backward distance compared with road surface in order to facilitate the rally and dispersal of people and traffic means when necessary.

2. Market places and department stores newly built in urban centers should have parking lots which are arranged rationally, meet the space criteria, are safe and convenient for walking on pavements; and ensure street order, sanitation and beauty.

3. Entrances, fences, places stuck with the national emblem or flying with the national flag, logos and signboards of agencies shall be designed at appropriate positions and in reasonable sizes; create the majesty and solemnity but without obstructing visibility; when damaged, they shall be promptly replaced.

4. Industrial works, production workshops existing in urban centers and adversely affecting the environment shall be relocated or have their functions changed.

5. The change of use contents and purposes or the expansion and development of defense or security works in urban centers under legal provisions on defense is subject to permission of competent authorities; the construction thereof may not affect the urban safety, landscapes and environment.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS TOWARDS URBAN ARCHITECTURE

Article 22.- Responsibilities of owners, investors and users of urban architecture works

1. To comply with urban-architecture management regulations promulgated by municipal administrations and other relevant regulations on urban management; protect and preserve the present images and status of architectural works they are owning or using; upon damage of works, to repair them in time.

2. Investors building or modifying, upgrading urban-architectural works shall comply with the approved construction plannings and urban architecture-management regulations.. Only after getting permission of competent bodies can they alter the architecture, use functions, force-bearing structures of the works; add or reduce parts, change the roofing forms and materials, the colors, walling substances, details or parts of the frontages of the works. If failing to observe urban-architecture management regulations or commit violations in construction, they shall be administratively sanctioned and forced to dismantle the works according to law.

3. Investors building, modifying or upgrading urban-architectural works shall study, consider the consultancy and counter-arguments on urban architecture of professional associations, and select architectural options before submitting them for approval or deciding to approve projects falling under competence.

4. When leasing works to organizations or individuals, works owners shall sign contracts, clearly stating the requirements and contents of Clauses 1 and 2 of this Article.

5. Organizations or individuals being actual current users but not owners of works shall also strictly comply with the contents of Clauses 1, 2 and 3 of this Article.

Article 23.- Responsibilities of designing consultants

Urban-architectural work-designing consultants such as designing consultancy organization, work authors, blueprint managers are entitled to conduct supervision according to law; are responsible for the beauty, durability, safety and rationality in use of works and compatibility with environment and urban architecture landscapes.

Article 24.- Responsibilities of building contractors

Contractors for construction of urban-architectural works have the responsibilities to complete the works in strict accordance with designs, schedules and commitments in contracts. In the course of building, completing, repairing and maintaining works, they shall take measures to minimize adverse impacts on population communities; join the investors in regenerating environment and landscapes damaged due to the construction of works.

Article 25.- Community supervision of urban architecture

1. Communities or individual citizens may supervise activities of municipal administrations, organizations and individuals in the observance of the law on construction and urban-architecture management regulations; in the preservation, exploitation, repair and embellishment of urban-architectural works and landscapes according to current legal provisions.

2. Communities and individual citizens have the responsibility and right to report errors and violations of urban-architecture management regulations in localities to the directly managing municipal administrations.

3. Grounds for supervision include normative documents relevant to urban architecture, 1/500- scale detailed planning blueprints, urban designs and models made on the scale of the approved detailed planning, promulgated urban architecture management regulations, work construction drawings already approved and promulgated by competent authorities.

Chapter IV

STATE MANAGEMENT OF URBAN ARCHITECTURE

Article 26.- Urban architecture state management responsibilities

1. The Ministry of Construction shall assist the Government in performing the unified state management of urban architecture and the following tasks:

a/ To formulate, adjust, amend and supplement guiding documents on urban architecture management;

b/ To assume the prime responsibility for, and coordinate with the concerned ministries, branches and localities in, guiding the implementation, propagation, dissemination and organization of implementation of this Decree;

c/ To guide localities in implementing the Government's documents on urban architecture management, contests for selection of architectural options; to meet the urban architecture needs of localities, organizations and individuals within its functions;

d/ To examine and inspect urban architecture, respond to complaints and denunciations according to the provisions of law.

2. Ministries, ministerial-level agencies, government-attached agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Construction in guiding localities to perform the state management of urban architecture.

Article 27.- Responsibilities of People's Committees of different levels

The People's Committees of different levels shall bear full responsibility for urban-architectural appearance and handle violations related to urban architecture in their respective localities; and according to their functions, implement the provisions of this Decree perform the following tasks:

1. To elaborate urban-architecture management regulations, organize the collection of comments thereon, guide, monitor, supervise and organize the implementation of such regulations.

2. To define the responsibilities of their attached functional bodies for management of urban architecture in their respective localities; to decentralize and assign specific tasks to units and individuals directly monitoring, supervising and implementing urban-architecture management regulations.

3. To directly examine and decide according to their competence on such urban architecture management contents as works construction investment undertakings, project contents, the process of building, exploiting, preserving, repairing, renovation works, landscapes and construction environment in urban centers.

4. To notify work owners or users of the damage of urban architecture; to process information reported by citizens on the implementation of urban-architecture management regulations by organizations and individuals involved in construction, ownership or use of urban architectural works; sanction, handle, violations of urban-architecture management regulations according to the provisions of law.

5. To direct professional agencies in selecting zones for researching into pilot urban models, then proceed to research into designing the overall urban models in proper scales for convenient management.

6. To organize the popularization and implementation of the Government's documents on urban architecture management.

7. To direct their attached professional building, planning, architecture, culture and information, post and telecommunications, traffic, public works, natural resource and environment and industrial agencies and other relevant bodies in performing the urban architecture management according to their functions and tasks.

8. To assign, organize, monitor the implementation of this Decree and urban-architecture management regulations in their respective localities.

9. To renew and report on implementation results on a periodical basis; to propose contents and methods of urban architecture management and urban embellishment to their superiors.

Article 28.- Examination, inspection, reporting and handling of violations

1. The construction inspectorates have the tasks to conduct on-spot examination and inspection of the implementation of urban-architecture management regulations in localities, periodically report thereon to municipal administrations and directly managing agencies.

2. Organizations or individuals that violate urban-architecture management regulations and the provisions of this Decree shall be handled according to the provisions of law, depending on the seriousness of their violations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.- This Decree takes effect 15 days after its publication in " CONG BAO."

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decree.