Laws of Vietnam

CIRCULAR No.4-BXD/KTQH OF JULY 30, 1997 GUIDING THE IMPLEMENTATION OF DECREE No.36-CP OF APRIL 24, 1997 OF THE GOVERNMENT REGARDING THE DRAWING UP AND APPROVAL OF THE DETAILED PLAN, THE MANAGEMENT OF CONSTRUCTION ACCORDING TO THE PLAN AND THE EVALUATION OF THE TECHNICAL DESIGN OF THE CONSTRUCTIONS UNDER THE INVESTMENT PROJECTS IN INDUSTRIAL ZONES, EXPORT PROCESSING ZONES AND HIGH-TECH ZONES

I. DRAWING UP AND APPROVAL OF THE DETAILED PLAN AND MANAGEMENT OF CONSTRUCTION OF AN IZ ACCORDING TO PLAN

1. Drawing up and approving the detailed plan of an IZ:

1.1. The approved detailed plan of an IZ is one of the legal bases to manage the investment and construction of the IZ.

1.2. The detailed plan of an IZ must comply with the general plan of development of the IZs, the general plan on urban construction or of the IZs already approved by the competent State agencies and set up on geographic maps 1/500-1/2,000 in scale depending on the size of the IZ, of which the functions of the land plots must be clearly defined: used for the construction of different industrial constructions; the public utility center, the greenery area; the IZ technical service; the network of transport roads and technical infrastructures (energy supply, water supply and drainage, treatment of waste, telecommunications); preservation and improvement of the natural landscapes, and installations to ensure safety against explosions and fires, and preservation of the environment.

The criteria used in the drawing up of the detailed plan of an IZ must comply with the Vietnam Construction Norms and with the norms, modalities and laws of the State. The use of foreign construction norms and standards must be previously approved by the Ministry of Construction.

1.3. The dossier to apply for approval of a detailed plan of an IZ shall comprise:

a/ Prepared documents:

- The application;

- The general presentation of the plan;

- A summary presentation;

- The draft Regulation on the construction management of the IZ according to plan (according to the form in Appendix 1);

b/ Designing :

- Land site scheme of the IZ, scale 1/5,000-1/10,000;

- Map on the evaluation of the present state of the land and the land fund of the IZ, scale 1/500-1/2,000;

- Scheme of the planned construction (at least two options for comparison and selection, scale 1/5,000);

- The map on the planning of land use, scale 1/500-1/2,000 which must determine the boundary for each land area and land plot according to the character and function of the use of the land, whether it is an industrial factory, or a public utility construction, a road, a greenery area, a key technical infrastructure..., the requirements of management of the land use (height of the construction, density of the construction, coefficient of land use...), the planned space for the architecture and landscape;

- The maps on the planning of the technical infrastructure of the IZ on a scale of 1/1500 - 1/2,000 (attached to detailed designs) including: the main roads inside and outside the IZ, the ground floor and the rain drainage system; supply of energy, supply of water and drainage of waste water; collection and disposal of waste; telecommunications...;

- An overall map of cables and technical pipes, scale 1/500-1/2,000;

- A map of the off- limit area and the construction landmarks of the roads, scale 1/500-1/2,000;

- Scheme for the different stages of investment and construction, scale 1/500-1/2,000;

For an IZ larger than 200 hectares, the detailed plan shall be drawn on a geographical map on a scale of 1/2,000, for a smaller IZ it shall be on a scale of 1/500-1/1,000.

1.4. Organization of the drawing and approval of the detailed plan of an IZ:

- The Managing Board of IZs in the province where the IZ is located shall supply the requirements and contents of the detailed plan of the IZ at the proposal of the Company for Infrastructural Development of the IZs.

- The Company for Infrastructural Development of the IZs is the investor of the project for building and business operation of the infrastructural constructions in the IZ. It shall organize the drawing of the detailed plan of the IZ and submit the plan to the Managing Board of IZs and the People’s Committee of the province where the IZ is located for approval, then to the Ministry of Construction for ratification

- The detailed plan of an IZ must be drawn by a specialized organization of Vietnam recognized by the State. In case it is drawn by a foreign consulting organization, it must have the permission of the Ministry of Construction and the said foreign consulting organization must act in joint venture with the specialized organization of Vietnam.

- Before drawing the detailed plan of an IZ, the specialized organization in charge of the drawing must work with the concerned agencies in order to agree on the questions related to the plan, such as transport (railways, landroads, waterways); security and defense; the source of energy supply, and the supply of water; disposal of discharge water; environmental hygiene; prevention and fight against explosions and fires; preservation and improvement of the relics, architectures and beautiful landscapes.

2. Management of the building of an IZ according to a detailed plan already approved:

2.1. The organizations and individuals participating in the investment, construction and management of the IZ (the Managing Board of IZs, the enterprises in the IZ, the IZ service enterprises, the construction consulting organizations, the bidding organizations and individuals and the related managerial agencies of the State) shall have to comply with the detailed plan already approved.

2.2. Permission of the Ministry of Construction is required if a readjustment is to be made to the already approved plan in the following points:

a/ Location, scale, character and boundary of the IZ;

b/ The character of the boundary of each specialized area in the IZ, such as the area of industrial enterprises, the public utility center and the common greenery area;

c/ The main norms for the management of the land such as: height of the constructions, density of construction, land use coefficient, rate of trees per land unit in the whole area, space layout, architectural plan and landscape...;

d/ Limit of the level of the ground floor;

e/ The main technical infrastructural works:

- Main roads in the IZ, the main cross section level, the off-limit line, the boundary of construction, the space for motor vehicle back-outs, the limit of the height of the roads, the corridor and height of the underground technical works, the traffic hubs;

- Technical characteristics of the energy supply system, the water supply and drainage systems and the main technical installations (diameters, lengths, inclinations, scale, capacity, height of the constructions...); the direction for the discharge of rain and waste water; the location and areas of the main technical installations (the station for the treatment of waste water, the garbage disposal center...);

- The regulations on the protection areas and the safe distance between the industrial factories and irrigation constructions, dykes; transport constructions (railroads, waterways, highways, airports), high-voltage transformers.

f/ Regulations concerning hygiene distance among the clusters of industrial factories of different characters, between the industrial factories and the population centers, the water supply works (sources, treatment centers), pumping stations, waste treatment centers, garbage dumps, cemeteries;

g/ Regulations on the prevention and fight against fires and explosions;

h/ Regulations concerning the preservation of relics and beautiful scapes;

2.3. The IZ Managing Board is entitled to allow the investers to readjust or amend a number of points in the detailed IZ plan already approved, such as:

- Readjusting the land area of the investment project without changing the purpose of its use;

- Readjusting the roads within the different specialized zones of the Industrial Zone;

- The branch lines of the energy and water supply and information networks;

- The locations of the social welfare installations in the IZ such as the medical center, the cultural center, trade, and public utility services;

- The location of the tree lines, parks and water surfaces.

2.4. Presentation and agreement on the location of the site and grant of the planning certificate.

Basing itself on the approved detailed plan of the IZ, the Managing Board of IZs at the provincial level shall present and agree on the site and grant the planning certificate at the request of the project owner. The application for the site agreement and the grant of the planning certificate and the certificate itself must be formulated according to the form in Appendix 2 of this Circular.

II. EVALUATION OF THE TECHNICAL DESIGN OF THE CONSTRUCTIONS IN THE IZ

1. With regard to the constructions to be built with direct investment of foreign countries as stipulated in Decree No.12-CP of February 18,1997 of the Government providing details for the implementation of the Law on Foreign Investment in Vietnam:

1.1. Evaluating agency:

- The Ministry of Construction shall evaluate and accept the technical design of the constructions in projects of Group A;

- The Construction Services of the provinces and cities directly under the Central Government shall evaluate the technical designs of the constructions in projects of Group B and submit the evaluation to the People’s Committees of the provinces or cities directly under the Central Government for consideration and approval.

1.2. Contents of the dossiers of technical designs submitted for evaluation:

The project owner shall directly submit to the evaluating agency three sets of dossiers, each set comprising:

- An application for evaluation according to the form in Appendix 3 of this Circular;

- Documents certifying the legal status of the designing agency according to Section 3.1.1 of Circular No.01/BXD-CSXD of April 15, 1997;

- Technical design documents:

+ General presentation of the design of the construction attached with survey data about the climate, geology, environment... from the list of foreign norms used in designing already accepted by the Ministry of Construction and the software program used in the designing;

+ A map of the overall level space of the construction and the disposition of the technological production line;

+ The main diagram of the architecture of the construction: level, vertical and sectional;

+ The main structural design and the foundation of the construction;

+ The diagram of the disposition on the level ground and the sections attached to the main parameters of the system of infrastructual technical works of the IZ or part of the IZ according to the progress of the investment in the exploitation of the IZ (for a project of investment in building infrastructural works);

+ Copies of the investment license, the decision to rent the land, and the agreements of the State managing agency on the prevention and fight against fires and explorations and environmental protection;

+ The technical design inspecting report of the consulting organization.

1.3. The contents of the technical design evaluation shall comply with Article 84 of Decree No.12-CP of the Government, including:

- Legal status of the designing organization;

- Compatibility with the norms of the technical design in construction of Vietnam or the technical norms of a foreign country accepted by the Ministry of Construction;

- Compatibility of the technical design in architecture and planning with the detailed plan of the IZ and the report on the feasibility study of the project already approved;

The project owner shall be answerable before Vietnamese law for the security of the construction, for the prevention and fight against fires and explosions and environmental protection;

The time for evaluation is 20 days after reception of the complete dossier on technical design submitted for evaluation. The report on technical design evaluation and the decision to accept the design shall be worked out according to the form in Appendix 3 of this Circular.

2. With regard to constructions under projects of domestic investment:

2.1. Evaluation agency:

- The Ministry of Construction shall make the evaluation and accept the technical designs of the constructions in projects of Group A;

- The Construction Services in the provinces and cities directly under the Central Government shall evaluate the technical designs of the construction of the projects in Groups B and C and submit them to the People’s Committees of the provinces or cities directly under the Central Government for examination and acceptance.

2.2. Dossier of technical design submitted to evaluation:

a/ Prepared documents:

- The application for technical design evaluation worked out according to the form in Appendix 3 of this Circular;

- A summary of the investment project, a copy of the approval decision and of the decision on the owner of the land to be rented;

- Copies of the agreement of the State management agency on the prevention and fight against fires and explosions and environmental protection;

- Report on technical design evaluation of the consulting organization;

- The list of the construction norms, technical norms of construction, the model design used, the program of the software used in the designing of the construction;

- A synthetic presentation of the technical design, including:

+ Concerning the architecture: solution and main parameters of the architecture of the construction;

+ On the structure: solution and main parameters of the construction of the main weight-supporting structures and foundations attached with the main structure calculations;

+ On the system of technical constructions: solutions and main parameters of the supply of energy, supply and drainage of water, ventilation, lighting, sound, information, signals, fire warning, fire fighting, automatic control;

- Survey data on the terrain, geology of the construction, hydro-geology, hydrology, meteorology and seismic situation at the construction site;

b/ Technical drawings:

- Drawing of the overall level ground where the technological chain will be installed;

- The main drawing of the architecture of the construction: level ground, vertical and sectional planes;

- Drawing of the main structure and the foundation of the construction;

- The main drawings of the technical systems of the construction: energy supply, water supply and drainage, ventilation, lighting, information;

- Drawing of the sectional division of the level ground and the vertical plane attached with the main parameters of the system of technical infrastructure constructions of the IZ or part of the IZ as the exploitation of the IZ progresses (for the investment projects on infrastructural constructions).

2.3. Content of the technical design evaluation

- Legal status of the designing organization;

- Compatibility of the technical design with the approved investment project;

- Compatibility of the technical design in architecture and planning with the detailed IZ already approved;

- Compatibility of the technical design with the Regulations on Construction, and the current construction norms of Vietnam;

- Assessment of the durability of the construction, the safety of the system of technical infrastructure constructions and their influence on neighboring constructions;

2.4. Duration of evaluation:

- With regard to constructions in investment projects in Group A: not more than 30 days after receipt of the complete dossier on technical design submitted for evaluation;

- With regard to constructions in investment projects in Groups B and C, not more than 20 days after receipt of complete dossier on technical design submitted for evaluation;

- The report on technical design evaluation and the Decision of acceptance shall be made according to the form in Appendix 3 of this Circular.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its signing;

2. Other regulations on the management of investment and construction related to the IZ not stipulated in this Circular shall comply with the law in force;

3. The Ministries, the ministerial-level Agencies, the Agencies attached to the Government, the Managing Board of Industrial Zones of Vietnam, the People’s Committees of the provinces and cities directly under the Central Government, the Construction Services, the Office of the Chief Architects of the cities, the Management Boards of the Industrial Zones in the provinces shall guide the implementation and implement this Circular.

The Minister of Construction
NGO XUAN LOC