Decree No. 38/2010/ND-CP on management of urban space, architecture and landscapes

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 on Organization ofthe Government; Pursuant to the June 17, 2009 Lawon Urban Planning; At tIre proposal of the Minister of Construction, DECREES: Chapter I GENERAL PROVISIONS Article t. Scope of regulation This Decree provides the management of urban space, architecture and landscapes; and definestherights, obligations andresponsibilities of organizations and individuals engaged in activities-related to urban space, architecture and landscapes. Artlcle2. Subjects of application Domestic and foreign organizations and individuals engaged in acti vities related to urban space, architecture and landscapes in the Vietnamese territory shall comply with this Decree. Article 3. Principles for managing urban space, architecture and landscapes 1. The Governmentshall uniformly perform anddecentralize the management of urbanspace, architecture and landscapes. People 's Committees of cities, towns and townships (below referred to as municipaladministrations) shall comprehensively manage urban space, architecture and landscapes within administrative boundaries undertheirmanagement. Local urban architecture and planning management agencies shall assist municipal administrations in managing urban space, architecture and landscapes. 2. Urban space, architecture and landscapes shallbe managedin line withurbanplanningand designsandregulationsonmanagementof urban planning and architecture. Urban areas and street lineswithoutdetailedurban planning anddesigns and regulations on management of urban planning and architecture shall be managed according to regulations and standards on construction planning promulgated by competent state agencies and this Decree. 3. Urbanmanagement mustensureuniformity from general to specific space, inheritance of architecture and landscapes, suitabilityto natural conditions and characteristics and respect for local customs and culture, and promote traditional valuestopreserve the identity of urban architecture and landscapes in each area and region. 4. The management of urban space, architecture and landscapes must be based on approved urban planning and designs and provided in detail by municipal administrations in regulationson management of urbanplanning and architecture. Article 4. Use and exploitation of urban space, architecture and landscapes All organizations and individuals living and operating permanently and temporarily in urban centers may enjoy urban space, landscapes and architecture and concurrently shall protect and Issue nos 08.()9/Apri1 2010 (COngBao nos 167-1681Apri/21,2010) OFFIC IAL GAZETTE 27 preserve, and observe the law on exploitation and use of, urban space, architecture and landscapes. Article 5. Architectural designing contests Architectural designs of large-scale public wo rks, work s wit h particular architec tura l requirem ents, s:ianificant works or work s in significant locations in urban centers shall be chosen through co ntests or se lect ion of architectural blueprin ts under current regulations before the elaboration of construction investment project s Contests or selection of architectural blueprints for other works in urban centers are encouraged. 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 urban center shall be managed according to the urban plan and design and regulations on management of urban planning and architecture approved by competent authorities; bl Existing urban space shall be managed accordin g to the following basic areas: newly developed urban areas; conservation areas; other areas of an urban center; bordering areas between the inner city and the suburbs or outsklns of an urban center; d Close interrelation and link of space and landscapes for bordering areas between the inner city and the suburbs or outskirts of an urban center must be ensured; dl Terrain co ndi tio ns and sys tems of greeneries . water surface and transport shall be ., combined to create interrelated space in an urban center and natural ventilation nnd improve the urban environment; el Urban designing should make reasonab le use of natural landscapes to create aes thetic val ues assoc iated with co nve nience, more effective use of space and protection of the urban environment. 2. For urban landscapes : aJU rban landscapes shall be directly managed by mun ic ipal admini st rat ion s. Owners of architectural works and urban landscapes shall protect and maintain them in the course of exploitation and usc; bl Construc tion, upgradi ng and embellish ment of architectural works in urban areas with landscapes managed by municipal administra tions should restrict to the utmost change of terrains and assure sustainable development ot the natural environment; cl For areas with landscapes associated with histori cal- cu ltural rel ics, sce nic places and conservation areas, municipal administrations shall, pursuant to the Law on Cultural Heritages and current reg ulations , coo rdinate with professional agencies in studying and-evaluating the ir values before proposing appropriate solutions for conservation and exploitation. 3. For urban architecture: aJConstruction, improvement, embellishment and upgratJing of architectural work-s in urban ce nters must conform with approve d urban planning and designs. construction permits anel local regu lation s on managem ent of urban planning and architecture; bl Urban space may not be appropriated unlawfully to increase use areas of works; cl Construction "Ii'y be licensed only when •• 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 house const 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 have appropriate architecture and use materials with co lors and materials similar to those of the heritages sites ; el The exterior of urban architectural works must not have colors and materials affecting people ' s vision and health and must meet requirements on sanitation and traffic safety. Article 7. Space of newly developed areas Newly developed areas , which include new urban center s and expande d, upgraded and embellished urban quarters, must meet the following requirements: I. Space, landscapes and architectural works are managed under approved urban planning and regulations on management of urban planning and architecture. 2. Construction works must have architectural appearance, colors and materials in compliance with regulations on management of urban p lann in g and arc hitecture of th e areas. Cons truction of model new urban quarters is encouraged. Article 8. Space of conservation areas Conservation areas hsted tor conservation or stipulated by competent authori ties must meet the following requirements : I. The sp ace of conservati on areas is preserved and promotes the typical value of the existing space, architecture and landscapes of the areas. 2.The space, landscapes, greeneries and water surface surrounding and inside the precincts of architectural works being histo rical-cultura l relics and scenic places comply with the law on cultural heritages and are closely managed and controlled. 3. Change of terrai ns and natural sceneries such as leveling or filling of land lots, hills and mountains, lakes, ponds, greeneries and water surface conform with approved urban planning and designs. 4. In conservation areas, the maximum height at new works comply With regulations on work heigh t limits und er urban planning; vertic al sections in all directions. appearance. materi als and colors of roofs, gates, walls and fences should follow the existing architecture and landscapes of the areas. 5. Architec tura l appearance, materi als and colors 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 urban centers I. To e ncourage the increase of areas of greeneries and areas for traffic (including static traffic) and public space and reduce construction density in old urban centers and central areas of urban centers with high construction density. Mun icipal administrations shall set cons truction density lim its and minimu m proportions of greeneries and land for public space according to current regulations and standards; and devise impl 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 culture areas must reflect their typical characteristics tt Issue nos 08.Q9/April 2010 (Gong Baanos 167·1681ApriI 21, 2010) OFFICIAL GAZETTE 29 with open space and a spatial structure suitable to their use purposes. 3. Coastal areas, rivers, channels, canals, lakeside areas in urban centers; hills, mountains, forests; and specia l landscapes must preserve their characteristics and beauty and the urban environ me nt and en sure sus ta iua h le development. 4. Municipal administra tions shall adopt plans to upgrade, embellish and build street quarters with degraded condominiums and street frontage hou ses under current regula lto ns and concurrently adopt support plans when necessary. 5. Construction and embellishment of urban architectural works in areas close to railways, waterways, expressways, airports, dykes, power transmi ssion lines and military bases must comply with regulation s on traffic sa fety corridors for road, waterway, railway, airway, dykes, elec tricity transmis sion lines and air clearance heights and meet other conditions as prescribed by law. Article 10. Space of bordering areas between inner cities and suburbs I. Municipal administrations shall identify the ,cup<: and boundaries of bordering areas between inner cities and suburbs for management in their regulations on management of urban planning and architecture. 2. The space of greeneries. water surface and particular eco-areas shall be protected. preserved and embellished and may not be occupied and used improperly. To e.nconr'ee. the increase of the proportions of greeneries and water surface. 3. Historical and cultura l relics and typical works of architectural or traditional value in the areas sha ll be protected und er the Law on Cultural Heritages and relevant laws. 4. For ru ral garde n houses with typi cal tradit iona l architecture to be protected as determined by municipal administrations, to restrict to the utmost the division of existing land lots into smaller ones. Building of works within these houses must be licensed by competent authorities and comply with regulations on mana gement of planning and architecture of the areas. 5. Construction of new works must preserve and promote local cultural traditions and ensure harmony with the areas' landscapes. To restrict the consu uctiou of highly dense houses, high rise buildings, flat-roofed and tube-shaped houses and street-type adjacent houses. Article 11. Landscapes of street lines, trunk roads and squares I .To encourage the consolidation of land lots to build complex buildings; to create public space and urban landscapes and improve urban quality an d env ironment; to me et pres cribed requirements on setbacks of works. 2. To ensure that work heights. work supports, roo fs. heights and projection of fir st-floor porches. vertical and horizontal positions, solidity and hollowness, and positions of windows and do or s looking into stree ts be uniform and architecturally harmonious in the entire street line. 3. On thoroughfares and trunk roads of nrban ce nte rs and in ce ntral squares, color s and materials of the exterior of works must ensnre harmony for the entire street line or area and be specified in construction permits. Depending on each location, the solemnity, typicality, harmony or elegance or preservation of the original status must be clearly displayed. 4. Public utilities such as benches. routes for disabled peo ple, lamp-posts, signboard s and 30 OFFICIAL GAZETTE Issue nos08·09/April2010 (G6ng Baonos 167-168/Apri/21. 2010) instruction sign s must ensure beauty, safety, convenience and uniformity and be in proportion to architectural works, 5. Sidewalks and footpaths in urban centers must be built uniformly and appropriately in terms of height, material and color for each street line andareain urban centers. Tree-growing holes must have appropriate sizes and ensure safety for pedestrians, especially the disabled, and convenience for tree protection and tending, 6, For landscapes of squares, new construction works must meet proportional requirements and clearly reflect the nature and $lgnific::Jtfte of each square space. Article 12. Landscapes of pa rks and greeneries and artificial landscapes L Greeneries in urban centers shall be grown, tended, maintained, protected, classified and arranged under planning and current regulations, standards and law, 2, Secular trees in urban centers, in natural parks and within the precincts of villas, garden houses, pagodas, temples, shrines, churches, historical and cultural relics and urban public works shall be protected and managed under law. 3, To encourage the plantation of trees suitable to the functions and nature of urban areas to protect the eco-enviroument, to select trees for harmonious and lively combination of colors to create unique characteristics for each area and urban center. 4, Artificial landscapes such as ponds , reservoirs, miniatures, greenenes and mounts must be design ed appro pria tely and built uniformly in harmony with the surrounding landscapes and environment and in conformity with t he func tio ns and geog raphi cal characteristics and nature of urban centers and areas, Article 13. Natural landscapes L Natural landscapes in urban centers shall be 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 affect the environmental quality and sus ta inable development of urban centers shall be zoned off aud have use iusu uctious and protec tion guidance, ~ . All activities harming or misshaping landscapes 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) are restricted to the utmost. Article 14. Urban architectural complexes Construction of architectural complexes or groups of architectural works in urban centers whose items are closely and uniformly connected in terms of functions and techniques must ensure that: L The maximum length of architectural complexes or groups of works comply with current construction regulations and standards, ensure natural ventilation for the area and convenience for traffic and fire fighting. 2. The height of works be reasonably prop ortionate in spac e and co mply with construction permits. Construction or installation of additional architectural objects higher than the permitted height of works is disallowed. 3. Setbacks of works conform with approved plans and regulations on management of urban t ::1 . : • 7 ." 1 Issue nos 08·09/April2010 (Gong BElO nos 167-168/Apri/21, 2010) OFFICIAL GAZETTE 31 planning and architecture. To encourage the increaseof setbacksand areas of greeneries and reduction of construction density. 4. New construction works on street comers assurevisibility, safetyandconvenience for road users. Article 15. Urban houses 1. For houses in old streetquarters, villasand garden houses with separate premises in urban centers listed for conservation, to preserve their existing appearance and ensure construction density, number of stories, heights and architectural styles. 2. For houses to be built on street frontages at different times, those built later must, apart from complying with approved detailed planning, be based on the heights of the foundation, first story and balcony, height and projection of the porch and colors of houses built earlier under licenses to create harmony and uniformity for the whole street line. 3. For old anddegraded residential buildings and condominiums. municipal administrations shalladoptplanstomovetenants fromdangerous areas and upgrade themor build new ones under approved detailed planning, ensuring the connection of technical and socialinfrastructure, environmental sanitation and urban quality improvement. Article 16. Particular works 1. Municipal administrations shall issue separate regulations to manage urban architectural works of nationalor localhistorical or cultural significance, works for religion and belief, statues of national celebrities andsymbols of urban culture as part of regulations on management of urbanplanning and architecture. 2. Municipaladministrations shall study and evaluate based on scientific grounds and adopt solutions to preserve houses in ancient street quarters of typical architecture or already historically or culturally ranked. 3. Other particular works such as fountain, miniatures, decorations in flower gardens arid parks must have sizes, shapes and materials suitable to the actual landscapes and conditions and reflect cultural characteristics of each area or region. Article 17. Other architectural works 1. Public officebuildings, sports and cultural works, schools, hospitals and health establishments tobe built inurban residential.areas must conform with approved urban planning. When detailed planning and regulations on management of urban planning and architecture are unavailable, licensing of the construction thereofmustbebasedonregulations andstandards on planning and ensure infrastructure connection and convenience for the gathering and relocation of people and movement of vehicles. 2. Marketplaces and supermarkets-to bebuilt in urban centers must have parkiI1~' lots, be located under approved urban planning, have sufficient areas and be safeandconvenientunder regulations and standards; and ensure order; sanitation and street beauty; 3. Existing industrial works and production workshops in urban centers which adversely affect the environment must be relocated or change their functions. 4. Change of functions or use purposes of security and defenseworks in urban centersmust be licensed by compe tent authorities. The construction of theseworks must notaffecturban safety, landscapes and environment. 32 OFFICIAL GAZETTE Issue nosOS'()9/April2010 (CongBaDnos 167-1681ApriJ 21, 2010) 5. Outdoor individual advertisement objects nr those attached to urban architectural works must comply with the advertising law. Ar ticle 18. Power supply and lighting works in urban centers \ . Municipal administrations shall upgrade or build anew to replace transformer stations which affec t urban beauty. Use of new technologies ensuringsatety, utinty and beauty ISencouraged. 2. Electric wires in urban centers must be arranged properly on the principle of replacing uninsulated with insulated wires and gradually laying them all underground. 3. Public lighting or lighting of the exterior of works must ensure beauty, safety, effectiveness and 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 e appearance and colors of these works must ensure beauty and reasonable and sate distances from residential areas or crowded places. Article 19. Urban water supply and drainage and environmental sanitation works 1. Ur ban water supp ly and drainage and env ironmental sanitatio n wo rks mu st be designed. built and installed uniformly with approp ria te, standard and dura ble materials. ensuring beauty, environmental sanitation. safety and convenience for people and vehicles. 2. Lakes and rivers in urban centers should be embanked with tali (embanking solutions must ensure beauty and environmental protection). If having fences. the rail s must be rat ion all y architected. The structure of water discharge mouths must ens ure safe ty. hygiene and conformity with the entire route. e : 3. Public toilets on street quarters and streets must be reason ably arranged. ensuring env ironme ntal sani tation , beau ty and convenience for all users. 4 . S tre et rubbish bins mu st be placed reasonably and uniformly to ensure beauty. have appropriate 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 works in urban centers must be designed uniformly to ensure convenience for road users and vehicles; have architectural appearance and colors which meet beauty requirements, are easily identified. reflect the characteristics of those urban centers and match other related works. 2.For large-scale transport works in important positions affecting urban beauty (bridges over rivers, overpasses. pedestrian bridges). contests or selection of architectural designs must be held befo 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 with approved urban planning while ensuring their service radius. 2. Antenna towers and dish antennas must be installed in position s perm itted by urban management agencies and ensure safety and beauty under law. 3. Telephone and communication wires and television and internet cables must be replaced with multi-core wires of same technical features. To adopt plans to remove unused equipment and lines and gradually lay them all underground, •• Issue nos OB·09/Aprii 2010 (Gong BaD nos 167·1681Aprif 21,2010) OFFICIAL GAZETTE 33 4. Public telecommunications works, passive telecommunications technical infrastructure works, information technical boxes, mailboxes, telephone booths, communication devices on pa vements must be arrauged under app roved urban planning and designs, have sizes suitable to pavements' and appropriate and harmonious patterns and colors and be easily used without obstructing pedestrians. Chapter Jll REGULATIONS ON MANAGEMENT OF URBAN PLANNING AND ARCIDTECTURE Article 22. General provisions 1. Regulations on management of urban planning and architecture apply to organizations and individuals engaged in the investment, construction, upgrading and embellishment of urban centers and must conform with approved urban rl~n " nnd m~n :1e~mp.nt regulations based on urban plans, and approved urban designs. 2. A regulation on management of urban planningand architecture includesprovisionson management of general space of urban centers and provisions on landscapes and architecture of urban areas, streets and street lines in urban centers identified by municipal administrations based on management requirements. 3.Municipal administrations at all levels shall elaborate, appruve, announce, promulgate and implement regulations on management of urban planning and architecture under Clauses I thru 5, Article 24 of this Decree. 4. Regulations on management of urban planning and architecture serve as a basis for architec ture, planning and constru cti on management agencies to manage construction investment and license the constru ction, upgrading and embellishment of architectural works and designing of urban landscapes, and provide gro unds for urban planning and designi ng (or areas without approved urban planning and designs. Article 23. Contents of regulati ons on management of urban planning and architecture 1. Regulauou VII management uf urban planning and architecture of the entire urban center: a/ A regulation on management of urban planning and architecture of the entire urban center is formulated on the basis of the approved urban plan; bl A regulation on management of urban planning and architecture of the entire urban center containsprovisions on managementof the entire urban center; identification of particular areas, areas with priority management req uirements , areas in need of pa rticular regulations; and areas without approved urban planning and designs; cl Provisions on management based on approved planning; manag ement of urban landscapes and archi tecture fur each area based on their characteristics such as newly developed areas.conservationareas; otherareasin theurban center; bordering areas between the inner city and the suburbs. areas subject to separate management regulations; dl Provisions on responsibilities of the municipal administrat ion and co nce rned specialized agencies for organizing. directing, monitoring and implementing urban planning; identifying areas and street lines prioritized for embellishment; making plans for the formulation of planning for unplanned areasandareasinneed t 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 urban areas in each period. drawings illustrating the management of each area, street and street line such as central, .administrative-pcllucal, trade, service, culture-sports, education and training areas, heritage conservation areas,squares, parks, water surface, trunk roads and city gateways identified by the municipal administration accordlug tv management iequheiueuts; bl Management provisions must conform with approved urban zoning planning. detailed planning and designs and this Decree; cl Specific prov isions on planning and architecturemanagement for each areaand street line in the urban center according to its nature, geographical characteristics and socio-economic conditionss dl Other provisions such as spec ific requirements on workheight, standard foundation level, first-story heights of adjacent street frontage houses; architectural styles, materials and colors of the exterior and roofs of works. For areas without approved and promulgated urban zoning and detailed planning and urban designs, to study and elaborate management regu lations based 011 general planning and development orientations for urban centers, construction planning regulations and standards and actual requirements and conditions. 3. Regulations on management of urban planning and architecture shall be formulated based on actual requirements of urban centers such 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 and encouraging each act and measures to control new constructi on and upgrading and embellishment of existinglandscapes and works. 5. Regulations on management of urban planning and architecture shallbe adjusted in line withurbanplanning anddesigns andpartialurban planning adjustments. Article 24.Formulation, approval. promulga tion and announcement of regulations on management of urban planning and architecture I. Formulation and approval of regulations: aI For urban centers to be approved by the Prime Minister, municipal People's Committees shall formulate, approve and promulgate regnlations on management of urban planning and architecture; consult concerned ministries and brancheswhenelaboratingthem; and obtain the Ministryof Construction's agreementbefore approving these regulations; blPeople's Committees of cities beinggrade 2 and grade-3 urban centers and towns shall formulate regulations on management of urban planning and architecture applicable to urban centersundertheirmanagement and submitthem to provincial-level People 's Committees for approval; cI People's Committees of cities being grade 2 and grade-S urban centers and district-level People's Committees shall formulate, approve and promulgate regulations on management of urban planning and architecture for townships under their management in conformity with regulations on management of urban planning and architecture approved under Point a of this Clause (if any). Issue nos OB·09/April201 0 (Gong BaD nos 167-168/Apri/21, 2010) OFFICIAL GAZETTE 35 2. Pro mulgat ion and announcement of regulations: Regulations on management of urban planning and architecture must be widely distributed inprinted publications andannounced in the mass mediaand at the offi ces of People's Committees and local planning and architecture management agencies of cities, towns, townships, urban' districts and wards within 30 days after they are approved. 3. The time limit for formulating a regulation is 12months forurban centers of grade 1or higher grade; and 9 months, for urban centers of grade 2 or lower grade. 4.Provisions applicable tospecific urban areas, streets and street lines specified in a Regulation must be commented by concerned agencies and organizations and the community in those areas, 5. Expenses for the elaboration and announcement of regulations on mnna~ement of urbanplanning and architectureshall be covered by local non-business and economic funds. Expensesshallbecalculated basedoncategories of urban centers; areas, for urban areas; and length, for street lines. 6. The Ministry of Construction shall provide in detail and promulgate a model Regulation on management of urban planning and architecture; provide the calculationofexpensesforelaborating, collecting comments on, printing and disseminating regulations on managementof urban planning and architecture; and guideother necessarycontents to meet state management requirements. Chapter IV RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR URBAN SPACE, ARCIDTECTURE AND LANDSCAPES Article 25. Responsibilities of owners . investors and users 1. To observe iegulatlous UlI management uf urban planning and architecture promulgated by municipal administrations and other relevant regulations onurbanmanagement; toprotectand preserve the image and existing status of architectural works under their ownership or use; to promptly repair damaged works. ? Wh en buildin g, improving or upgrading urbanarchitectural works, to comply with urban planning and approved regulations on management ot urban planmng andarchitecture. To change the architecture, functions, force bearing structure of works and add or reduce parts, changethe appearance, roofing materials, colors of works, tiling materials, details or parts of the exterior of works only when so permitted by competent agencies. When failing to observe regulations on management of urban planning and architec ture or violating construction regulations, tobeadministratively sanctioned and to dismantle violating worksunder law. 3. When leasing works to organizations or individuals for use, owners shall sign contracts which must fully provide requirements and contents specified in Clauses 1 and 2 of this Article. Actual users of space, landscapes and works thatare nottheirowners shallalsocomply with Clauses 1 and 2 of this Article Article 26. Responsibilities of designing consultants 1.Tomeetconditions oncapacity, experience and professional practice under law. 2. Designing consultants, designers and design plan managers shall conduct author supervis ion under law; and take joint responsibilities for beauty, durability, safety and utility and conformity with the environment, @ , 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 an manage 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 to designs and observe contractual terms. 2. In the course of construc tion. finishing, repair and maintenance of works, to take measures to mitigate adverse impacts on the community, space, architecture and landscapes of the areas where those works are located. 3. Together with investors, to adopt safety meas ures in the course of construction and dismantlement; to regenerate the environment, space and landscapes damaged by work construction. 4. To comply with provisions of construction permits and current relevant regulations on urban architecture. Article 28. Role of critical comments in the management of urban space, architecture and landscape.s 1. Municipa l admini strations shall consu lt local Architecture-Planning Cou nc il s and relevant professional associations wh en elaborating regulations on management of urban planning and architecture. 2.To encourage organizations and individuals to study and propose planning and architecture solutions , contributing to beautify urban space, arch itecture and landscapes and redu cing violations. Ar ti cl e 29. Pub lic oversight of the management 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 with the construction law and the law on management of urban planning and arc hitecture; and in protecting, exploiting, repairing and embellishing architectural works and urban landscapes under curren t law ; and report on viol ations of regulations on management of urban planning and architec ture in areas to municipal administrntions directly managing those arcus. Municipal administrations shall study, consider, absorb and give feedback to public oversight opinions. 2. Grou nds for public oversight are lega l documents UII manage ment of urban space, architecture and landscapes, zoning plans , detailed planning, urban designs and mock-ups mad e on a sca le und er approved detailed planning. promulgated regulations on U1UUUg t:1l1t:ul uf urban plauuiug and architecture, project dossiers and design drawings approved and promulgated by competent authorities. Article 30. Management of upgrading and maintenance of urban works and landscapes 1. Municipal administrations shall provide the process and time for upgrading and maintaining urban architectural works and landscapes under the construction law, ensuring safe use and preservation of urban beauty. 2. When urban arch itectura l works and landscapes are degraded or damaged before the scheduled maintenance time , municipal admin istrati ons or authorized agencies shall notify such to owners, users or operators of these works and direct them in promptly remedying and maintaining the works. Issue nos 08·09/ApriJ 2010 (Gong Baanos 167-1681ApnI 21, 2010) OFFICIAL GAZETTE 37 Article 31. Management and preservation of documents related to urban space. architecture and landscapes 1. Legal documents, dossiers, drawings, mock- ups, exp lanations, regul ati ons on management 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 and architecture; Other related documents. 2.Documents shallbemanaged andpreserved at construction, architecture and planning state management agenci es ; consultancy organizations, investors, builders, owners and agencies managing urban areas, landscapes and architec tural work s. The management, preservation, exploitation and use of documents comply with the law on archives. Chapter V STATE MANAGEMENT RESPONSIBILITIES FOR URBAN SPACE. ARCHITECTURE AND LANDSCAPES Article32. Responsibilities of ministries and ministerial-level agencies I. The Ministry of Construction shall assist the Government in performing the uniform state management of urban space, architecture and landscapes and perform the following tasks: al To assumethe prime responsibility for, and coo rdinate with co ncerned ministri es and branches and localities in, guiding, propagating. disseminatingand organizing the implementation of this Decree; bl To guide localities in implementing the Government's documents on management of urban space, architecture and landscapes; to respond to inquiries of localities, organizations and 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; to respond to complaints and denunciations under law; dl To perform the tasks specified in Clause 6, A rticle 24 of this Decree. 2. Ministries and ministerial-level agencies shall, within the amhit of their tasks and powers, coordinate with the Ministry of Construction in guiding localities in performin g the state management of urban space, architecture and landscapes. Article 33, Responsibilities of People's Committees at all levels I.To take full responsibility for urban space, architecture and landscapes; to organize the implementat ion of this Decree and handle violations in localities under their management. 2. To direct their.spe cialized agencies in impl ementing approved urban p lannin g, proposi ng contents of regulations on management of urban planning and architecture pursuant to Articles 22 and 23 of thisDecree and managing urban space , arc hitectu re and landscapes according to their functionsand tasks. 3. To elaborate regulations on management of urban planning and architecture applicable to urban centers under Clauses I thru 5, Article 24 of this Decree, andguide. monitor. superviseand organize the implementation these regulations. 4.Todefine responsibilities of their functional , . j 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 and individuals directly monitoring. supervising and performing the manage ment of urban space. architecture and landscapes. 5. To directly .consider and decide according to their comp etence on issues related to the management of urban space , architecture and landsc apes such as guide li nes for work construction investment; mechanisms to support people; project contents, co nstruction proces s; and.management, exp loitation, maintenance, repair and upgrading of urban works and landscapes .. 6. To notify owners or users of degraded or damaged urban landscapes and architecture; to process information provided by the public on the implementation of regulations on management of urban space, architecture and land scapes by organizations and individuals mvolvecthe construction. ownership and use of urban arcliitectural works; to handle violations of regulations on management of urban space, architecture and landscapes under law. 7. To disseminate and implement the Gove rnment's documents and regulations on management of urban space, architecture and landscapes 8. To assign , organize and monitor the implementation of this Decree and regulations on management of urban space, architecture and landscapes in localities under their management. Article 34 . Examination, inspection , reporting and handling of violations 1. Construction inspectorates at all levels shall examine the implementation of regulations on management of urban planning and architec ture in their localities: detect and handle violations according to their competence in localities under their mana gement; and report to munici pal administrations and their managing agencies. 2. Violators of regulations on management of urban planning and architecture and this Decree shall, depending on the severity of their violations, be handled under law. Chapter VI ORGANIZATION OF IMPLEMENTATION Article 35. Effect 1. This Decree takes effect on May 25,2010. 2, This Decree replaces the Government' s Decree No. 29/2007/ND-CP of February 27, 2007. on management of urban architecture. Article 36. Transitional provisions Urban centers that promulgated regulations on management of urban architecture before the effective date of this Decree may apply these regulations. Within 12 months. municipal administrations shall consider, modify andamend these regulations to comply with this Decree. Article 37. Implementation responsibilities 1. Th e Mi ni stry of Constructi on sha ll coordinate with concerned ministries and branches in guiding, monitoring and examining the implementation of this Decree, 2. Mi nisters, head s of mini steri al -level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree On behalfof the Government Prime Minister NGUYEN TAN DUNG , &)