Decision No. 1037/QD-TTg 2019 Plan on implementation of Law on Architecture

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ATTRIBUTE

Decision No. 1037/QD-TTg dated August 16, 2019 of the Prime Minister promulgating the Plan on implementation of the Law on Architecture
Issuing body: Prime Minister Effective date:
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Official number: 1037/QD-TTg Signer: Trinh Dinh Dung
Type: Decision Expiry date: Updating
Issuing date: 16/08/2019 Effect status:
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Fields: Construction

SUMMARY

Before March 31, 2020, legal documents review results must be send to the Ministry of Construction

The Prime Minister issues the Decision No. 1037/QD-TTg promulgating the Plan on implementation of the Law on Architecture on August 16, 2019.

Accordingly, in order to timely, synchronously, uniformly and effectively implement the Law on Architecture from July 01, 2019, the Prime Minister promulgates the Plan on implementation of the Law on Architecture (below referred to as the Plan) with the following contents:

Firstly, before March 20, 2019, Ministries, ministerial-level agencies, government-attached agencies and related agencies shall directly review documents in the fields under their management and send review results to the Ministry of Construction; to propose or request competent agencies to promptly amend, supplement, replace or annul existing legal documents or promulgate new ones to ensure conformity and consistency with the Law on Architechture.

Secondly, the Ministry of Construction shall fomulate the Decree detailing a number of articles of the Law on Architecture and submit it to the Government before March 2020. In addition, the Ministry of Construction shall coordinate with relevant agencies to formulate document on orientations for development of Vietnam’s architecture and submit it to the Prime Minister in December 2020.

This Decision takes effect on the date of its signing.
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Effect status: Known

THEPRIME MINISTER

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 1037/QD-TTg

 

Hanoi, August 16, 2019

 

DECISION

Promulgating the Plan on implementation of the Law on Architecture[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the June 13, 2019 Law on Architecture;

At the proposal of the Minister of Construction,

DECIDES:

Article 1.To promulgate together with this Decision the Plan on implementation of the Law on Architecture.

Article 2.This Decision takes effect on the date of its signing.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG

PLAN

On implementation of the Law on Architecture

(Promulgated together with the Prime Minister’s Decision No. 1037/QD-TTg of August 16, 2019)

Law No. 40/2019/QH14 on Architecture, which was passed on June 13, 2019, by the XIVthNational Assembly at its 7thsession, takes effect on July 1, 2020.

In order to timely, synchronously, uniformly and effectively implement the Law on Architecture, the Prime Minister promulgates the Plan on implementation of the Law on Architecture (below referred to as the Plan) with the following contents:

I. PURPOSES AND REQUIREMENTS

1. Purposes:

a/ To specify tasks of, time limits and progress for, and responsibilities of related agencies and units in, organizing the implementation of the Law on Architecture (below referred to as the Law), ensuring timeliness, synchronization, consistency and effectiveness;

b/ To disseminate the Law to people of all strata and cadres, civil servants, public employees, enterprises and other organizations;

c/ To identify a mechanism for effective coordination among ministries, ministerial-level agencies, government-attached agencies and localities in the implementation of the Law nationwide;

d/ To raise awareness about and responsibility to implement the Law.

2. Requirements:

a/ To ensure the direction of the Government and the Prime Minister in organizing the implementation of the Law;

b/ To ensure work contents be associated with the responsibility and promote the proactivity and activeness of state management agencies at the central and local levels, ensuring work quality and progress;

c/ To ensure regular and effective coordination between ministries, ministerial-level agencies, government-attached agencies and localities in the implementation of the Law;

d/ To have a specific roadmap to ensure that the Law will be implemented in a synchronized and uniformed manner nationwide from July 1, 2020;

dd/ To regularly and promptly examine, urge and guide the removal and settlement of problems and difficulties arising during the process of organizing the implementation of the Law so as to ensure the progress and effectiveness of the implementation of the Law.

II. IMPLEMENTATION CONTENTS

1. To thoroughly grasp and disseminate the contents of the Law:

a/ At the central level:

The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies and related agencies in, thoroughly grasping the implementation of the Law; disseminating the contents of the Law through formulating special columns and programs, organizing training courses, compiling documents and in other forms in accordance with the Law on Law Dissemination and Education.

The Ministry of Information and Communications shall direct news and press agencies with appropriate principles and purposes to coordinate with the Ministry of Construction in formulating programs, compiling documents, and publishing news and articles disseminating the architecture law in the mass media and grassroots information systems so as to promptly report information on the implementation of the Law nationwide.

The Radio Voice of Vietnam, Vietnam Television and central and local press management agencies shall base on the principles and purposes of their attached press agencies to assume the prime responsibility for, and coordinate with the Ministry of Construction and People’s Committees at all levels in, formulating programs, and specialized pages and columns in popularizing the architecture law.

b/ At the local level:

Provincial-level People’s Committees shall organize the dissemination of the contents of the Law in forms that are suitable to the actual conditions and situation of their localities and each targeted subject and area (through incorporation of a special theme on implementation of the Law in contents of conferences and training and updating courses on legal knowledge under law dissemination and education plans).

c/ Implementation time: 2019 and subsequent years.

2. To review legal documents related to the Law; to propose or request competent agencies to promptly amend, supplement, replace or annul existing legal documents or promulgate new ones to ensure conformity and consistency with the Law.

a/ At the central level:

- Responsible agency: The Ministry of Construction shall act as the focal point to summarize review results for reporting to the Prime Minister.

- Coordinating agencies: Ministries, ministerial-level agencies, government-attached agencies and related agencies shall directly review documents in the fields under their management and send review results to the Ministry of Construction.

b/ At the local level:

- Responsible agencies: provincial-level People’s Committees.

- Coordinating agencies: related agencies and organizations.

c/ Completion time: Review results of ministries, ministerial-level agencies, government-attached agencies and related agencies must be submitted to the Ministry of Construction before March 31, 2020.

3. To formulate legal documents detailing the contents assigned in the Law and guiding the implementation of the Law:

a/ Documents to be submitted by the Ministry of Construction to the Government and the Prime Minister for promulgation:

- Decree detailing a number of articles of the Law on Architecture (Clause 5, Article 13; Clause 5, Article 14; Clause 1, Article 15; Clause 8, Article 17; Clause 3, Article 22; Clause 3, Article 23; Clause 4, Article 26; Clause 5, Article 29; Clause 4, Article 30; and Clause 3, Article 31).

+ Responsible agency: the Ministry of Construction.

+ Coordinating agencies: the Government Office, the Ministry of Justice, ministries, ministerial-level agencies, government-attached agencies, and other related agencies and organizations.

+ Time for submission to the Government: March 2020.

- Document on orientations for development of Vietnam’s architecture:

+ Responsible agency: the Ministry of Construction.

+ Coordinating agencies: the Government Office, the Ministry of Justice, ministries, ministerial-level agencies, government-attached agencies, and other related agencies and organizations.

+ Implementation time: To submit the document to the Prime Minister in December 2020; to organize the implementation; then review, evaluate, adjust and supplement the document in accordance with law.

b/ Documents to be promulgated by the Ministry of Construction:

- The Minister of Construction’s circulars detailing a number of articles of, and providing measures to implement, the Law (2 documents): (1) the circular detailing architectural design dossiers; and (2) the circular prescribing forms of architectural practice certificates.

+ Responsible agency: the Ministry of Construction.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: May 2020.

- To build a database on architecture and architectural practice nationwide:

+ Responsible agency: the Ministry of Construction.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: From 2019 onward, meeting sectoral management and development requirements.

- To develop architectural designs meeting the criteria of sustainability, environmental friendliness, climate change adaptation and disaster prevention and control; with economical and efficient use of energy:

+ Responsible agency: the Ministry of Construction.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: From 2019 onward, meeting sectoral management and development requirements.

c/ Documents to be formulated by localities:

- Regulations on architectural management, which are converted from Regulations on management of urban planning and architecture:

+ Responsible agencies: provincial-level People’s Committees.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: December 31, 2021.

- Regulations on architectural management:

+ Responsible agencies: provincial-level People’s Committees.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: From July 1, 2020, onward.

d/ Documents to be formulated and promulgated by socio-professional organizations:

- Rules of professional conduct of architectural practitioners:

+ Responsible agencies: the Vietnam Association of Architects and socio-professional organizations on architectural practice.

+ Coordinating agencies: related agencies and organizations.

+ Completion time: July 1, 2020.

III. ORGANIZATION OF IMPLEMENTATION

1. Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall, within the management scope of their respective ministries, sectors and localities, proactively and actively implement the Plan according to their assigned tasks, ensuring the progress, quality, effectiveness and thrift and avoiding formalism and waste.

2. The Ministry of Finance and People’s Committees at all levels shall allocate funds to implement the Plan in accordance with the Law on the State Budget and current guiding documents.

Funds for implementation of the Plan shall be allocated from the state budget within annual current expenditure estimates and other sources as prescribed by law.

The estimation, management, use and settlement of funds for the implementation of the Law must comply with the law on the state budget. Funds for implementation of activities under the Plan in 2019 shall be estimated, arranged and allocated by the agencies assigned to implement such activities within their 2019 state budget funds.

The agencies assigned to assume the prime responsibility for implementing the specific contents and tasks prescribed in the Plan shall proactively arrange and allocate funds in their approved annual budgets; and estimate funds for implementation of the Plan and mobilize funds from other sources in accordance with law.

3. The Ministry of Construction shall assist the Prime Minister in monitoring, urging and guiding related agencies in implementing the tasks stated in the Plan in accordance with the set progress, and summarize and report implementation results to the Prime Minister.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG



[1]Công Báo Nos 647-648 (26/8/2019)

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