Circular No. 13/2016/TT-BXD detailing the regulations on architectural design competition and selection for construction projects

CIRCULAR

Detailed regulations on architectural design competition and selection for construction projects

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Based on the Construction Law 2014;

BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment Construction;

At the proposal of the Director of the Department of Planning and Architecture;

The Minister of Construction issues this Circular to provide detailed regulations on architectural design competition and selection for construction projects.

PART I

GENERAL PROVISIONS

Article 1. Purpose

Architectural design competition and selection for construction projects aim to select the optimal design solution that meets requirements for planning, architecture, functional use, economic efficiency, and environmental protection.

Article 2. Scope of Application

Clause 1. Scope of application: Guide the architectural design competition and selection for construction projects as stipulated in Article 15 of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment in Construction.

Clause 2. Applicability: Organizations and individuals involved in the architectural design competition and selection for construction projects.

Article 3. Projects requiring competition and selection

Point 1. Projects specified in Clause 1 of Article 15 of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment in Construction.

Point 2. Projects with significant importance in urban areas and on major roads determined in urban planning schemes, urban design projects, and urban planning and architectural management regulations approved by competent authorities.

Point 3. Encourage the organization of architectural design competition and selection for construction projects for those not covered under Points 1 and 2 of this Article.

Article 4. Selection method

Selecting an architectural design option involves choosing the optimal option from at least three proposed options by consulting organizations and individuals with sufficient capacity to operate and practice according to current laws, selected by the investment decision-maker or project sponsor, or the agency or organization tasked with organizing the competition and selection (referred to as the Competition Organizer).

Article 5. Competition methods

Clause 1. Architectural design competition for construction projects involves organizing a contest with participation from multiple consulting organizations and individuals with sufficient capacity to operate and practice according to current laws, aiming to select the optimal design for constructing the project. Competition methods include open and restricted competitions.

Clause 2. Open competition is a contest without limiting the number of domestic and foreign organizations and individuals (if necessary) participating and publicly announced through mass media.

Clause 3. Restricted competition is a contest limited to a certain number of organizations and individuals participating. The Competition Organizer invites a minimum of five domestic and foreign organizations and individuals (if necessary) with appropriate expertise to participate in the competition.

Clause 4. Restricted competition is applied in cases where the project has high technical requirements or unique characteristics that only a few organizations and individuals can meet, or due to conditions preventing an open competition.

Chapter II

ORGANIZING ARCHITECTURAL DESIGN COMPETITION AND SELECTION FOR CONSTRUCTION PROJECTS

Article 6. Requirements for organizing competitive examinations and selection processes

1.     The organization of competitive examinations and selection processes must comply with current laws, with the task of designing in accordance with urban planning schemes, urban design plans, and urban planning and architectural management regulations approved by competent authorities.

2.     The unit organizing the competition must establish a Competitive Examination Selection Board for architectural design solutions of construction projects (referred to as the Board). The unit organizing the competition shall establish a Technical Team to assist the Board and the Organizing Committee (if necessary).

Article 7. Costs of competitive examinations and selection processes

1.     The costs of organizing competitive examinations and selection processes include costs for the Board; prize levels and support for submitted solutions (if applicable) and other related costs.

2.     For projects using state budget funds, public-private partnership (PPP) investment capital, the project sponsor shall prepare a cost estimate for approval by the Investment Decision Maker.

3.     The unit organizing the competition is responsible for the costs associated with the competitive examination and selection process.

Article 8. Organization of competitive examinations and selection processes

1.     Preparatory work before organizing competitive examinations and selection processes:

a)     Completing procedures and collecting legal data, information on architecture and planning related to the construction site.

b)     Establishing and approving the plan, budget for organizing competitive examinations and selection processes, the Competitive Examination Regulations, and the Design Task.

c)     Establishing the Competitive Examination Selection Board.

2.     The Competitive Examination Regulations shall include the following basic contents:

a)     The form, scale, nature, purpose, and requirements of the competition.

b)     Rules regarding eligibility to participate; criteria, content, and procedures for organizing the competition; time and location of the competition; submission forms; validity of submission forms.

c)     Composition of the Organizing Committee, the Competitive Examination Selection Board, and basic information about the professional expertise and experience of Board members.

d)     Costs for organizing the competition and the basis for calculating design fees for the project.

đ)     Structure and value of prizes (if there are prizes).

e)     Rights and responsibilities of the parties involved, copyright...

g)     Sample registration form for participating in the competition.

h)     Other contents according to the specific requirements of each competition (rules for rounds, situations where a round ends without an optimal solution...).

3.     The Design Task must clearly specify the construction location, current map, planning indicators, information on site conditions, purpose, nature, scale of the project, requirements for usable space area within the project; preliminary technical solutions; contributions of the project's spatial and architectural aspects to the community and regional landscape, and other related requirements.

4.     Submission forms for the competition shall include descriptions, drawings, films, photographs, models (if applicable), and financial proposals. Submission forms must be uniformly specified in language (Vietnamese or bilingual), measurement units, currency units, and rules for anonymity, not including names or symbols of consulting units on drawings or descriptions.

Article 9. Examination and Selection Board

1.     The Examination and Selection Board assists the Organizing Unit in evaluating and ranking the submitted proposals to select the optimal design for the construction project.

2.     Composition of the Board:

a)   The Board consists of the Chairman and members. The number of members must be odd and at least eleven people.

b)    At least two-thirds of the members must be architects with knowledge and experience in the type of construction project being examined and selected. There must be at least one representative from the state management agency responsible for planning, architecture, and construction, and one representative from the Central or Provincial Architects Association.

c)    The Chairman must be an experienced professional who has designed and constructed many projects and has a good reputation in the field of architecture. The Chairman is elected by the Board. The Secretary of the Board is appointed jointly by the Organizing Unit and the Chairman.

d)    Members of the Board must have expertise and experience in fields related to planning, architecture, construction, and be impartial and fair. The Organizing Unit may invite foreign experts to join the Board if necessary.

3.     Principles of Operation of the Board:

a)    The Board operates according to its Charter (hereinafter referred to as the Board Charter). The Charter must clearly specify the principles and methods of evaluation and ranking of proposals, and the responsibilities of the Board. The Charter must be agreed upon by all members. The Chairman represents the Board in approving the Charter and is responsible for its implementation.

b)    The Board will only proceed with the evaluation and ranking of proposals when at least three-quarters of the members are present.

4.     Responsibilities of the Board:

a)    Members of the Board are legally responsible for ensuring confidentiality, objectivity, honesty, and avoiding any negative actions that could affect the evaluation and ranking results.

b)    The Chairman must be present and chair the Board throughout the duration of the Board's work.

Article 10. Evaluation and Ranking of Proposals

1.     The evaluation and ranking of proposals shall be conducted strictly in accordance with the methods and criteria stipulated in the Board Charter and through secret ballot to select the highest-ranked proposal.

2.     The report on the evaluation and ranking results must be signed and confirmed by all Board members and submitted to the Organizing Unit for consolidation and reporting to the Investment Decision Maker for approval.

3.     In cases where there is no proposal meeting the requirements set out in the examination and selection regulations, the Organizing Unit shall report to the Investment Decision Maker to consider and decide whether to hold another examination.

Article 11. Announcement of Results

1.     The Organizing Unit publicly announces the evaluation and ranking results of the proposals by the Board and informs the organizations and individuals participating in the examination.