Circular No. 11/2010/TT-BXD on guiding the management of urban underground construction project databases

CIRCULAR

Guidelines on the management of urban underground construction database

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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 39/2010/NĐ-CP dated April 7, 2010 of the Government on the management of urban underground construction space;

The Ministry of Construction hereby issues guidelines on the management of urban underground construction databases as follows:

Article 1. Scope of application

These Circulars apply to organizations and individuals, both domestic and foreign, related to urban underground construction data in Vietnam. For data related to underground constructions serving security and defense purposes, they shall comply with the provisions of laws on state secrets protection.

Article 2. Urban Underground Construction Database

The contents of the urban underground construction database are specified in Clause 1, Article 8 of Decree No. 39/2010/NĐ-CP dated April 7, 2010 of the Government on the management of urban underground construction space, including:

1. Data on the current status of urban underground constructions include:

a) Completion drawings of each underground construction project included in the database, such as plan views, longitudinal sections, transverse sections, and technical connection systems showing the location, layout, and depth of the construction;

b) Current status drawings of urban underground construction systems prepared for a specific area or the entire city, which show the type, scale, location, size, and technical connection systems of various types of underground constructions.

2. Data on urban underground construction spatial planning include: Urban planning projects or underground construction spatial planning projects as stipulated in Articles 12 and 13 of Decree No. 39/2010/NĐ-CP approved by competent authorities.

3. Related data on urban underground construction management include:

a) Information on the classification and type of underground construction, scale and nature of the construction, completion time of the construction, and usage status;

b) Information on the name, address, and contact phone number of the owner of the underground construction;

c) Information on the name, address, and contact phone number of the management, operation, and user units of underground constructions.

4. Underground construction data provided by organizations or individuals to local underground construction database management agencies are described, drawings, documents, and digitized data as follows:

a) Underground construction data as specified in Clause 1 of this Article are drawings and digitized data;

b) Underground construction data as specified in Clause 2 of this Article are comprehensive descriptions, drawings, and digitized data;

c) Data as specified in Clause 3 of this Article are documents.

Article 3. Responsibilities of Organizations and Individuals in Managing Urban Underground Construction Databases

1. Responsibilities of the People's Committee (PC) at provincial level:

a) Direct the organization of file storage; establish the urban underground construction database under their jurisdiction according to Article 2 of these Circulars;

b) Issue regulations on the management, hierarchical management of the database, and provision of urban underground construction data;

d) Allocate funds for the collection, investigation, survey, supplementation, updating, and management of the urban underground construction database, with these funds sourced from the provincial state budget.

a) Develop annual plans for collecting and investigating underground construction data within their jurisdiction to build the database, submit them for approval by the provincial PC, and organize implementation, while regularly reviewing, supplementing, and updating the data;

b) Manage the urban underground construction database according to the hierarchical division of the provincial PC; provide underground construction data to organizations or individuals as required by law;

c) Guide and inspect the implementation of regulations on managing the urban underground construction database according to the hierarchical division;

d) Organize the storage of urban underground construction database files according to the hierarchical division and in accordance with legal provisions on archiving;

đ) Report on the establishment and management of the urban underground construction database to the Department of Construction periodically.

3. Responsibilities of the Department of Construction:

a) Advise and assist the provincial PC in performing state management functions over the urban underground construction database within their jurisdiction;

b) Take the lead in drafting guidelines on the management, hierarchical management of the database, and provision of underground construction data for approval by the provincial PC;

c) Develop and consolidate annual plans for collecting and investigating underground construction data (including ongoing construction projects with a construction period exceeding three years) within the province to build the underground construction database, submit them for approval by the provincial PC, and organize implementation, while regularly reviewing, supplementing, and updating the data;

d) Manage the database and provide underground construction data according to the hierarchical division of the provincial PC and relevant legal provisions;

đ) Guide and inspect the implementation of regulations on managing and hierarchically managing the underground construction database;

e) Organize the storage of urban underground construction database files according to the hierarchical division and in accordance with legal provisions on archiving;

f) Consolidate and report on the establishment and management of the urban underground construction database of cities within their jurisdiction to the Ministry of Construction periodically.

a) Store urban planning files and documents under their management according to regulations;

b) Provide one set of urban planning project files (comprehensive descriptions, drawings, and digitized data) to the local Department of Construction within sixty days from the date the urban planning project is approved by the competent authority;

c) Provide one set of urban planning project files (comprehensive descriptions, drawings, and digitized data) approved before the effective date of these Circulars to the local Department of Construction, with the deadline for provision determined by the local Department of Construction.

5. Responsibilities of the Owner (or representative of the owner) of the underground construction.

a) Maintain records of underground works under their ownership as prescribed;

b) Provide one set of data on underground works under their ownership as stipulated in point a, Clause 1 (drawings and digitized data) and Clause 3 (documents) of Article 2 of this Circular to the management agency of the underground works database at the provincial level People's Committee within ninety days from the date the work is put into operation. For underground works completed before this Circular takes effect, the owner shall be responsible for providing the above data to the management agency of the underground works database at the provincial level People's Committee, with the deadline for provision to be determined by the management agency of the underground works database;

bear legal responsibility for the authenticity of the data provided by themselves;

Article 4. Effective date

This Circular takes effect from October 1, 2010;

In the course of implementation, if there are difficulties, organizations and individuals are requested to promptly report them to the Ministry of Construction for study and resolution;