Circular No. 04/BXD-KTQH guiding the implementation of Decree No. 36/CP dated April 24, 1997 regarding the preparation, examination, and approval of detailed planning, construction management according to planning, and technical design review of projects for investment in industrial zones, export processing zones, and high-tech parks.

CIRCULAR

Guidelines for implementing Decree No. 36/CP dated April 24, 1997 of the Government on the preparation, examination, approval of detailed planning, management of construction according to planning, and technical design review of projects invested in industrial zones, export processing zones, and high-tech parks.

Pursuant to the "Regulation on Industrial Zones, Export Processing Zones, and High-Tech Parks" issued together with Decree No. 36/CP dated April 24, 1997 of the Government;
Pursuant to the "Urban Planning Management Regulation" issued together with Decree No. 91/CP dated August 17, 1994 of the Government; the "Investment and Construction Management Regulation" issued together with Decree No. 42/CP dated July 16, 1996 of the Government; Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam;
Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction, the Ministry of Construction guides the preparation, examination, and approval of detailed urban planning for industrial zones, export processing zones, and high-tech parks (collectively referred to as industrial parks), management of construction in industrial parks according to planning, and technical design review of projects invested in industrial parks as follows:

I. PREPARATION, REVIEW OF DETAILED PLANNING AND MANAGEMENT OF CONSTRUCTION IN INDUSTRIAL PARKS ACCORDING TO PLANNING

1. Preparation and Review of Detailed Planning of Industrial Parks:

1.1. The approved detailed planning of industrial parks is one of the legal bases for investment and construction management in industrial parks.

1.2. Detailed planning of industrial parks must be consistent with the overall development planning of industrial parks, the general urban planning, or other industrial parks approved by competent state authorities, and must be prepared based on topographic maps at scales of 1/500 to 1/2,000 depending on the scale of the industrial park. It must specify and define the functions of different areas designated for various industrial constructions; public service centers; green spaces; industrial park technical services; traffic networks and infrastructure facilities (energy supply, water supply and drainage, waste treatment, communication); regulations on preserving natural scenery, ensuring fire prevention and explosion safety, and environmental protection.

The criteria used for preparing detailed planning of industrial parks must comply with Vietnamese Construction Standards, be compatible with national standards, norms, and laws. In cases where foreign construction standards are used, they must be approved by the Ministry of Construction.

1.3. Documents for submitting detailed planning of industrial parks for approval include:

a/ Written materials:

- Cover letter;

- Comprehensive explanatory report;

- Summary explanatory report;

- Draft Regulation on Construction Management in Industrial Parks according to Planning (in accordance with Appendix No. 1);

b/ Drawings:

- Location map of the industrial park land, scale 1/5,000 to 1/10,000;

- Map assessing current status and land reserve for construction, scale 1/500 to 1/2,000;

- Structure planning diagram (at least two options for comparison), scale 1/5,000;

- Land use planning map, scale 1/500 to 1/2,000, specifying boundaries of each plot of land and lot according to their nature and function for industrial enterprises, public service facilities, roads, green spaces, key infrastructure facilities, etc.; requirements for land management and use (building height, building density, land use coefficient, etc.), organization of architectural and landscape planning space;

- Maps of infrastructure system planning, scale 1/500 to 1/2,000 (including detailed design drawings) including: main transportation systems within and outside the industrial park; site leveling, stormwater drainage; energy supply, water supply; wastewater discharge; waste collection and treatment; communication, etc.;

- Integrated utility lines map, scale 1/500 to 1/2,000;

- Map of red line and construction boundary markers for road sections, scale 1/500 to 1/2,000;

- Phased investment and construction diagram, scale 1/500 to 1/2,000;

For industrial parks larger than 200 hectares, detailed planning must be prepared on topographic maps at a scale of 1/2,000. For industrial parks smaller than 200 hectares, detailed planning must be prepared on maps at scales of 1/500 to 1/1,000.

1.4. Organization of preparation and review of detailed planning of industrial parks:

- The provincial industrial park management board where the industrial park is located is responsible for providing requirements and contents for preparing detailed planning of industrial parks upon request from the industrial park infrastructure development company.

- The industrial park infrastructure development company, which is the investor of the construction project and operation of the industrial park's infrastructure, is responsible for organizing the preparation of detailed planning of industrial parks and submitting it to the provincial industrial park management board and the provincial People's Committee for approval and submission to the Ministry of Construction for approval.

- Detailed planning of industrial parks must be prepared by a specialized organization in Vietnam recognized by the State. If a foreign consulting organization prepares detailed planning of industrial parks, it must be approved by the Ministry of Construction and that foreign consulting organization must form a joint venture with a specialized organization in Vietnam.

- When preparing detailed planning of industrial parks, the organization preparing the detailed planning must consult with relevant agencies to agree on issues related to detailed planning of industrial parks concerning transportation (railways, roads, waterways); national defense security; energy and water supply sources; wastewater, environmental sanitation; fire prevention and explosion control; preservation and enhancement of historical sites, architecture, scenic spots.

2. Management of construction in industrial parks according to approved detailed planning:

2.1. Organizations and individuals participating in investment, construction, and management of industrial parks (industrial park management boards, industrial park enterprises, industrial park service enterprises, construction consulting organizations, construction contractors, and related state management agencies) must comply with the approved detailed planning of industrial parks.

2.2. In case the approved detailed planning of an industrial park needs to adjust any of the following contents, it must be approved by the Ministry of Construction:

a/ Location, scale, nature, and boundaries of the industrial park;

b/ Nature of the boundaries of each functional area within the industrial park, including industrial enterprise areas; public service center areas and shared green spaces;

c/ Main criteria for land management and use such as: building height, building density, land use coefficient, public green space ratio, organization of architectural and landscape planning space, etc.;

d/ Controlled ground level.

e/ Infrastructure technical works network:

- Main traffic routes in the Industrial Park, cross-sections of main roads, red-line boundaries, construction boundaries, setback distances, control levels of road profiles, corridors and heights of underground technical works, intersections of various types of roads;

- Technical characteristics of the energy supply system, drainage and water supply systems, and key technical works (diameter, length, slope, scale, capacity, height of structures, etc.); direction of stormwater discharge, wastewater discharge; locations and areas of key technical works (wastewater treatment plants, waste disposal areas, etc.);

- Regulations on protected zones and safety distances between industrial enterprises and hydraulic engineering works, levees; transportation works (railways, waterways, roads, airports); high-voltage power lines;

f/ Regulations on sanitary distances between industrial clusters with different characteristics; between industrial enterprises and residential areas, water supply facilities (sources, factories), pumping stations, waste treatment stations, landfills, cemeteries;

g/ Regulations on fire prevention and explosion protection;

h/ Regulations on the protection of historical sites and scenic spots;

2.3- The Industrial Park Management Board has the authority to permit investors to adjust and supplement certain contents of the approved detailed planning of the Industrial Park as follows;

- Land area for investment projects without changing the land use function;

- Internal roads within functional zones of the Industrial Park;

- Branch lines for energy supply, water supply, and communication;

- Locations of social infrastructure facilities in the Industrial Park such as medical facilities, cultural facilities, commercial facilities, public service facilities;

- Locations of green spaces, parks, water bodies.

2.4. Introduction, agreement on construction site and issuance of planning certificate.

Based on the approved detailed planning of the Industrial Park, the Provincial Industrial Park Management Board is responsible for introducing, agreeing on construction sites and issuing planning certificates according to the requirements of the investor. Applications for agreement on construction sites and issuance of planning certificates and planning certificates are prepared according to Model 2 of this Circular.

II- TECHNICAL DESIGN REVIEW (TKKT) OF CONSTRUCTION WORKS IN THE INDUSTRIAL PARK.

1- For construction works with foreign direct investment capital under Decree No. 12/CP dated February 18, 1997 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam.

1.1- Reviewing authorities:

- The Ministry of Construction reviews and approves TKKT of construction works belonging to Class A projects;

- Provincial Construction Departments review TKKT of construction works belonging to Class B projects and submit them to the People's Committees of provinces and centrally-run cities for consideration and decision to approve.

1.2- Contents of the TKKT submission for review:

Investors directly submit three sets of documents to the reviewing authority, each set including:

- Application for review according to Model 3 of this Circular; - Legal documents determining the legal status of the design organization according to Clause 3.1.1 of Circular 01/BXD-CSXD dated April 15, 1997;

- TKKT documents.

+ Comprehensive design description of the construction work accompanied by climate, geological, environmental survey data, list of foreign standards used in design already approved by the Ministry of Construction, list of software programs used for design;

+ Master plan drawing of the construction work and layout of production lines; + Architectural drawings of the construction work: floor plans, elevations, sections;

+ Main structural drawings and foundation drawings of the construction work;

+ Layout drawings and longitudinal section drawings along with key parameters of the technical infrastructure works network of the Industrial Park or part of the Industrial Park according to the development schedule of the Industrial Park (for infrastructure construction projects);

+ Certified copies of Investment License, Land Lease Decision, and agreements from state management agencies regarding fire prevention and environmental protection;

+ Report on TKKT review by the consulting organization.

1.3- Contents of TKKT review are carried out according to Article 84 of Decree No. 12/CP of the Government, including:

- Legal status of the design organization;

- Compliance with Vietnamese construction design standards or foreign standards approved by the Ministry of Construction;

- Consistency of TKKT with architectural and planning aspects with the approved detailed planning of the Industrial Park and the feasibility report of the project;

Investors are responsible under Vietnamese law for the safety of construction works, fire prevention, and environmental protection;

The review period is 20 days from the date of receipt of complete TKKT documents for review. Reports on TKKT review and Decisions approving TKKT are prepared according to Model 3 of this Circular.

2- For construction works belonging to domestic investment projects:

2.1- Reviewing authorities:

- The Ministry of Construction reviews and approves TKKT of construction works belonging to Class A projects;

- Provincial Construction Departments review TKKT of construction works belonging to Class B and C projects and submit them to the People's Committees of provinces and centrally-run cities for consideration and decision to approve;

2.2- Documents for TKKT submission for review:

a) Written materials:

- Application for TKKT review prepared according to Model 3 of this Circular;

- Summary of the investment project, certified copy of the project approval document, lease land decision;

- Copies of agreements with state management agencies on fire prevention and environmental protection;

- Report on TKKT review by the consulting organization;

- List of construction standards, design standards, sample designs used, list of software programs used for design;

- Comprehensive TKKT description, including:

+ Architecture: solutions and main architectural parameters of the project;

+ Structure: solutions and main structural load-bearing parameters, foundation, with the main structure characteristics attached;

+ About the technical works system: solutions and key parameters for energy supply, drainage and water supply, ventilation, lighting, sound, communication, signaling, fire alarm, firefighting, automatic control;

- Survey documents about topography, geology, hydrogeology, hydrology, meteorology, and earthquakes in the construction area;

b) Drawing part:

- Master plan drawing of production line layout;

- Main architectural drawings of the construction work: floor plans, elevations, sections;

- Main structural drawings and foundation drawings of the project;

- Main drawings of technical systems in the construction work: energy supply, drainage and water supply, ventilation, lighting, communication;

- Layout drawings and longitudinal section drawings along with key parameters of the technical infrastructure works network of the Industrial Park or part of the Industrial Park according to the development schedule of the Industrial Park (for infrastructure construction projects);

2.3- Contents of TKKT review:

- Legal status of the design organization;

- Consistency of TKKT with the approved investment project;

- The architectural and planning compatibility of the TKKT with the approved detailed planning of the industrial park.

- The compliance of the TKKT with current Vietnamese construction standards and regulations.

- Assessment of the durability of the construction project, safety of the technical infrastructure systems, stability relative to adjacent projects;

2.4- Time for review:

- For construction projects under Group A investment projects not exceeding thirty days from the date all TKKT review documents are received.

- For construction projects under Group B and C investment projects not exceeding twenty days from the date all TKKT review documents are received;

- The TKKT review report and the Decision approving the TKKT shall be prepared according to the form set out in Appendix No. 3 of this Circular.

III- IMPLEMENTATION PROVISIONS

1/ This Circular takes effect fifteen days from the date of signature;

2/ Other provisions regarding investment and construction management related to industrial parks not specified in this Circular shall be implemented in accordance with current laws;

3/ Ministries, ministerial-level agencies, and agencies under the Government, Management Boards of Vietnamese Industrial Parks, People's Committees of provinces and centrally governed cities, Construction Departments, Chief Architects' Offices of cities, and Provincial Industrial Park Management Boards are responsible for guiding and implementing this Circular.