Circular No. 05/2005/TT-BXD guiding architectural design competitions for construction projects

CIRCULAR

Guidelines for Architectural Design Competitions for Construction Projects

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Article 55 of the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Based on Article 26 of the Government Decree No. 16/2005/NĐ-CP dated February 7, 2005 on project management for construction investment;

The Ministry of Construction provides guidelines for architectural design competitions for construction projects as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Objective

Holding architectural design competitions for construction projects aims to select the best architectural design scheme for constructing the project.

The implementation of administrative sanctions according to the Decree shall apply in areas such as security, public order and safety; customs; taxation; trade; environmental protection; protection of aquatic resources; mineral resource protection; quarantine of animals and plants, health care, and other related fields within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam (excluding seaports).

These Circulars guide the procedures, formalities, forms of competition; rights and obligations of organizations and individuals related to the architectural design competition.

3. Construction Projects Required to Hold Competitions

a) The following construction projects, regardless of funding sources and ownership forms, must hold architectural design competitions before preparing investment project proposals:

- Headquarters of People's Committees at district level and above;

- Cultural, sports facilities and other public facilities with Class I and Special Class scales;

- Urban construction projects with special architectural features from Class 2 and above such as: monuments, bridges, broadcasting centers, central railway stations, international airports, projects constructed at locations significantly affecting urban architectural landscapes, projects symbolizing local cultural and historical traditions.

b) Encouragement is given to hold architectural design competitions for construction projects with special architectural requirements beyond those required to be held competitions.

4. Forms of Competition

The investor decides on organizing the architectural design competition for construction projects. Depending on the scale, nature of the project, time conditions, financial capacity, and other conditions, the following forms of competition may be selected:

a) Domestic competition, including:

- Limited competition.

- Open competition.

Limited competition (including limited competition involving foreign participants) is a form of competition where the Investor or the Competition Organizing Committee invites a certain number of organizations and individuals (not less than three) with sufficient capability to participate in the competition. Projects subject to limited competition include district-level People's Committee headquarters and urban construction projects with special architectural features from Class 2 and above, excluding Class I and Special Class scales.

Open competition (including open competition involving foreign participants) is a form of competition without limiting the number of participating organizations and individuals, announced through domestic mass media. Projects subject to open competition include urban construction projects with special architectural features from Class 2 and above at Class I and Special Class scales; cultural, sports facilities and other public facilities with Class I and Special Class scales.

b) International competition:

International competition is a form of competition organized in accordance with international practices and regulations, through invitation letters or announcements internationally. Projects subject to international competition include special projects decided by the investor.

II. ORGANIZATION OF COMPETITIONS

1. Preparing for the Competition

a) Tasks for preparing to organize the competition:

- Completing relevant legal procedures for the project such as investment policy, construction site, land use rights, and other procedures (if applicable).

- Collecting information, documents, and data on detailed planning of the construction site.

- Selecting the form of competition.

- Drafting a competition organization plan.

- Drafting the design assignment.

- Preparing competition funds.

b) Responsibilities of the Investor:

- Approving the form of competition.

- Approving the competition organization plan.

- Approving the design assignment.

- Approving the competition funds.

- Approving the list and number of organizations and individuals invited to participate in the competition for limited competition.

c) Responsibilities of the Project Owner:

- Completing relevant legal procedures for the construction project.

- Providing information, documents, and data on detailed planning of the construction site and other information to participating organizations and individuals.

- Proposing the selection of the form of competition.

- Drafting a suitable competition organization plan.

- Drafting the design assignment.

- Proposing awards, rights, and responsibilities of participating organizations and individuals.

- Establishing the Competition Organizing Committee and the Scheme Selection Board.

- Approving the competition rules.

- Drafting a budget for competition funds. Competition funds are included in the total investment cost of the construction project.

- In necessary cases, the Project Owner may hire a consulting organization to assist in organizing the competition.

d) Design Assignment:

The design assignment must reflect the following contents:

- Objectives of constructing the project.

- Bases for drafting the design assignment.

- Construction site; requirements for planning, landscape, and architecture of the construction site.

- Scale of the project; requirements for functionality, architecture, aesthetics, and technology of the project.

- Requirements for submitted schemes.

2. Organizing the Competition

2.1. Competition Organizing Committee:

a) The Competition Organizing Committee (hereinafter referred to as the Organizing Committee) is established by the Project Owner to implement the competition work. The Project Owner may entrust the Project Management Board for Construction Investment to act as the Competition Organizing Committee.

The Competition Organizing Committee has the following tasks:

- Drafting the competition rules.

- Guiding organizations and individuals to register for the competition.

- Providing relevant information, documents, and the competition plan to participating organizations and individuals.

- Announcing the rules for submission of competition entries.

- For limited competition cases, the Organizing Committee must prepare a list and number of organizations and individuals participating in the competition and prepare invitation letters.

- Announcing the competition results.

b) The Competition Organizing Committee may establish specialized teams to receive, compile, manage, and inspect the entry files according to the competition rules before transferring them to the Scheme Selection Board.

2.2. Competition Rules:

The competition rules include the following contents:

a) General provisions: Clearly stating the nature, purpose, and requirements of the competition.

b) Specific provisions, including:

- Form of competition.

- Entry documents.

- Language used.

- Other provisions (if any).

c) Provisions on entry documents:

The bidding dossier shall include the description, drawings, and models (as required by the competition) of the bidding proposal.

- Description of the bidding proposal:

The description of the bidding proposal must reflect the following main contents: the architectural concept of the bidding proposal both in terms of form and function; suitability with the requirements for planning, landscape, and architecture of the construction area; anticipated technical solutions inside and outside the building; impact of the proposal on regulations concerning environmental protection and fire prevention; feasibility of the proposal.

- Drawings of the bidding proposal:

The drawings of the bidding proposal must fully reflect the content of the proposal and comply with the format specified in the bidding rules.

- In cases where a model of the bidding proposal is required, the model shall be made at a unified scale.

d) Other provisions:

Other provisions include regulations on the time for field visits and site surveys, the submission deadline for the bidding dossier, the evaluation period, the announcement date for the competition results, and the exhibition period to solicit public opinions on selected proposals (if necessary).

2.3. Rights and responsibilities of organizations and individuals participating in the competition:

a) Domestic and foreign organizations and individuals participating in the competition must have full civil capacity as stipulated by law.

b) Organizations and individuals whose architectural proposals are selected for construction shall be guaranteed author's rights, and they may proceed with project preparation and subsequent design stages if they possess the requisite capacity; if not, they may form a consortium with consulting organizations that have the requisite capacity to carry out these tasks. If an organization or individual whose architectural proposal is selected refuses to proceed with subsequent design stages, the investor shall select a suitable contractor to undertake them, but the author's rights shall remain with the organization or individual whose architectural proposal was selected.

3. Responsibilities of state management agencies regarding planning and architecture at the local level in the competition process:

- Provide information and requirements concerning planning, landscape, and architecture for the construction land.

- Appoint representatives to join the Selection Committee established by the Investor when invited by the Investor.

- Not to influence the selection results through improper means.

- In cases where the construction land is located within an area already detailed in urban planning including urban design approved by competent authorities, the local state management agency for planning and architecture shall notify the Investor to decide on the appropriate level of competition.

III. ORGANIZATION OF THE SELECTION OF BIDDING PROPOSALS

1. The Selection Committee

a) The Selection Committee (hereinafter referred to as the Committee) shall assist the Organizing Board and the Investor in evaluating and ranking the bidding proposals.

b) The Committee shall be established by the Investor.

2. Composition of the Selection Committee

The Selection Committee shall consist of: the Chairman of the Committee, the Secretary, and members of the Committee.

a) The Chairman of the Committee shall be an expert with credibility in the field of architecture appointed by the Investor as Chairman of the Committee or elected by the Committee.

b) The Secretary of the Committee shall be designated jointly by the Investor and the Chairman of the Committee.

c) Members of the Committee shall be experts from fields such as planning, architecture, construction, culture, history, fine arts, and representatives of the local state management agency for planning and architecture, among which at least 70% of the Committee members shall be professionals.

Depending on the scale, nature of the project, time conditions, financial capabilities, and other factors, the Investor may invite foreign experts to participate in the Committee.

Organizations and individuals with bidding proposals shall not participate in or appoint representatives to join the Committee.

3. Activities of the Selection Committee

a) Responsibilities of the Committee:

- Establishing the operating regulations of the Committee. The operating regulations must clearly specify principles, methods of evaluation, scoring, and ranking of bidding proposals.

- The Chairman of the Committee shall approve the operating regulations of the Committee on behalf of the Committee and shall be responsible to the Investor for their implementation.

- Evaluating, scoring, and ranking bidding proposals.

- Ensuring confidentiality, objectivity, honesty, and absence of negative actions affecting the selection results.

- Reporting and explaining the selection results to the Investor.

b) Responsibilities of the Investor:

- Creating favorable conditions and meeting reasonable requests of the Committee.

- Not to influence the selection results through improper means.

- Summarizing and reporting the selection results to the investment decision-maker.

- Organizing exhibitions of bidding proposals to solicit public opinions (if deemed necessary) according to the decision of the investment decision-maker.

- Awarding prizes.

- Proposing a selected proposal for construction. If the proposed proposal differs from the highest-ranked proposal by the Committee, the Investor must inform the Committee and the author of the proposal of the reasons.

4. Other Provisions

a) For organizations and individuals participating in the competition who violate the bidding rules or Committee members who violate the operating regulations, depending on the severity of the violation, the Organizing Board and the Investor shall base their decisions on the bidding rules and operating regulations to determine the extent of handling.

b) Any disputes arising during the implementation of the competition (if any) shall be resolved in accordance with current laws.

IV. EFFECTIVE DATE OF IMPLEMENTATION

- This Circular shall take effect fifteen days after its publication in the Official Gazette.

- During implementation, it is recommended that ministries, sectors, localities, related organizations, and individuals provide feedback on any difficulties to the Ministry of Construction for guidance on resolution./.