Circular No. 19/2008/TT-BXD guiding the establishment, review, approval, and management of construction planning for industrial zones and economic zones.

CIRCULAR

GUIDELINES FOR THE PREPARATION, REVIEW, APPROVAL AND MANAGEMENT OF URBAN PLANNING FOR INDUSTRIAL ZONES AND ECONOMIC ZONES

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

Pursuant to Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on Urban Planning;

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones,

The Ministry of Construction hereby issues guidelines for the preparation, review, approval, and management of urban planning for industrial zones and economic zones as follows:

Part I

GENERAL PROVISIONS

1. These Guidelines provide guidance on the preparation, review, approval, and management of urban planning for industrial zones. The preparation, review, and approval of the general urban planning for economic zones and detailed urban planning for functional areas within economic zones, as well as the management of urban planning for economic zones, shall be carried out in accordance with the Guidelines set forth in Circular No. 07/2008/TT-BXD dated April 7, 2008 of the Ministry of Construction on the preparation, review, approval, and management of urban planning.

2. Urban planning for industrial zones must be consistent with the national master plan for industrial zones, regional urban planning, and the overall urban planning approved by competent state authorities.

3. The criteria used for preparing urban planning for industrial zones must comply with the Urban Planning Standards. In cases where foreign construction standards are used, such usage must be approved by the Ministry of Construction.

4. Detailed urban planning for industrial zones does not require a planning assignment and can be prepared in one step at a scale of 1/2000 or 1/500.

When preparing detailed urban planning: for industrial zones larger than 200 hectares, the detailed urban planning must be prepared on a topographic map at a scale of 1/2000. For industrial zones up to 200 hectares, the detailed urban planning must be prepared on a map at a scale of 1/500.

5. The Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) is responsible for providing requirements regarding content and architectural-planning criteria to serve as the basis for preparing detailed urban planning for industrial zones.

6. For industrial zones that are integrated with urban areas or other concentrated business zones, a general urban planning for the city must be prepared in accordance with the Guidelines set forth in Circular No. 07/2008/TT-BXD dated April 7, 2008 of the Ministry of Construction on the preparation, review, approval, and management of urban planning.

The format of the urban planning project documentation must comply with Decision No. 21/2005/QĐ-BXD dated July 22, 2005 of the Minister of Construction.

Urban planning for industrial zones must be prepared by consulting organizations that have the necessary qualifications and capabilities as prescribed.

When preparing detailed urban planning for industrial zones, consulting organizations must obtain written opinions from relevant agencies on matters related to external transportation; national defense and security; energy supply; water supply; wastewater; environment; fire prevention and control; preservation and enhancement of cultural relics and scenic spots before the project planning is reviewed.

Documentation for the urban planning project for industrial zones includes the explanatory report and drawings accompanied by the approval decision stamped by the agency reviewing the project planning.

Part II

PREPARATION, REVIEW, AND APPROVAL OF URBAN PLANNING FOR INDUSTRIAL ZONES

1. Organization of the preparation of the general urban planning for industrial zones

1.1. The People's Committee of the province directs the Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) to organize the preparation of the general urban planning for industrial zones integrated with urban areas or other concentrated business zones.

1.2. The People's Committee of the province directs the Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) or the Provincial Industrial Zone Management Board where the industrial zone is located to coordinate with investors to select a consulting unit to prepare the general urban planning for industrial zones with multiple investors participating in infrastructure development.

2. Organization of the preparation of detailed urban planning for industrial zones:

2.1. For industrial zones without identified investors for infrastructure development, the People's Committee of the province directs the Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) or the Provincial Industrial Zone Management Board where the industrial zone is located to organize the preparation of detailed urban planning for industrial zones to attract investment.

2.2. For industrial zones developed by a single investor for infrastructure, the investor organizes the preparation of detailed urban planning for the industrial zone.

2.3. For industrial zones developed by multiple investors for infrastructure, the People's Committee of the province directs the Department of Construction or the Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) or the Provincial Industrial Zone Management Board where the industrial zone is located to lead the coordination with investors to select a consulting unit to prepare detailed urban planning for the industrial zone.

3. Content of urban planning for industrial zones

3.1. For industrial zones with an area of 500 hectares or more and multiple investors participating in separate infrastructure development as stipulated in Clause 3, Article 5 of Decree No. 29/2008/NĐ-CP, the preparation of the general urban planning project will include the following contents:

The general construction planning for industrial zones shall be established based on topographic maps at a scale of 1/5000 to 1/10,000 depending on the scale, and must clearly define: functional zoning of land areas for constructing industrial works; public service centers; green spaces; technical services for industrial zones; technical infrastructure works (transportation, energy supply, lighting, water supply, drainage, waste treatment, communication); regulations on maintaining and enhancing natural landscapes, ensuring fire safety, and environmental protection; clearly defining social infrastructure facilities serving the industrial zone; connection with external technical facilities; plans and resources to ensure development in stages.

3.2 For detailed construction planning of industrial zones, specific provisions must be made regarding: functions, land use indicators (building height, building density, land use coefficient, etc.) for land areas designated for constructing industrial works; public service centers; green spaces; technical services for industrial zones; and technical infrastructure works (transportation, energy supply, lighting, water supply, drainage, waste treatment, communication); regulations on maintaining and enhancing natural landscapes, ensuring fire safety, and environmental protection.

4. Documentation for construction planning of industrial zones:

4.1 Documentation for general construction planning drawings of industrial zones:

a) Location diagram and regional relationship diagram at a scale of 1/25,000 to 1/50,000;

b) Current status maps concerning architecture, landscape, technical infrastructure systems, and land construction assessment at a scale of 1/5000 to 1/10,000;

c) Planning structure diagram (at least two options for comparison) at a scale of 1/10,000;

d) Land use planning diagram at a scale of 1/5000 to 1/10,000, clearly defining the boundaries of each functional land area according to its nature and function for constructing various types of industrial enterprises, public service works, roads, green spaces, key technical infrastructure works; ...

e) Spatial architectural and landscape orientation diagram;

f) Diagrams of the technical infrastructure system planning for industrial zones at a scale of 1/5000 to 1/10,000 including: main transportation systems within and outside the industrial zone; site leveling; stormwater drainage; energy supply, water supply, sewage; waste collection and treatment; communication...

4.2 Documentation for detailed construction planning drawings of industrial zones includes:

a) Location and boundary map of the land area at a scale of 1/10,000 to 1/25,000;

b) Current status maps concerning architecture, landscape, technical infrastructure systems, and land construction assessment at a scale of 1/500 to 1/2000;

c) Planning structure diagram (at least two options for comparison) at a scale of 1/5000;

d) Land use planning map at a scale of 1/500 to 1/2000, clearly defining the boundaries of each land area and plot according to their nature and function for constructing various types of industrial enterprises, public service works, roads, green spaces, key technical infrastructure works; requirements for land management and use (building height, building density, land use coefficient, etc.);

e) Diagrams of the technical infrastructure system planning for industrial zones at a scale of 1/500 to 1/2000 (including detailed design drawings) including: main transportation systems within and outside the industrial zone; site leveling; stormwater drainage; energy supply, water supply; sewage; waste collection and treatment; communication;

f) Comprehensive map of technical lines and pipelines at a scale of 1/500 to 1/2000;

g) Map of red line markers and construction boundary markers along roads at a scale of 1/500 to 1/2000.

4.3 Approval documentation:

a) Documentation for approval of general construction planning and detailed construction planning projects includes: proposal for approval, explanatory notes, reduced color drawings, and related legal documents;

b) Documentation for review of general construction planning and detailed construction planning projects includes: proposal for approval, comprehensive explanatory notes, reduced color drawings, and black-and-white drawings at the prescribed scale, and related legal documents;

c) The number of approval and review documents shall be based on the requirements of the construction planning management authority, taking into account the number of members of the review board or the review work;

d) CD storing all content of the explanatory notes and construction planning drawings.

4.4 Archival documentation: includes comprehensive explanatory notes, drawings at the prescribed scale, and CD storing all content of the explanatory notes and drawings, which shall be stored at the provincial construction planning management authority, Industrial Zone Management Board, District People's Committee, and Commune People's Committee related to the project; Department of Architecture and Construction Planning - Ministry of Construction for industrial zone construction planning projects subject to written comments from the Ministry of Construction.

5. Review and approval of construction planning for industrial zones:

5.1 The Department of Construction or the Department of Urban Planning and Architecture (for Hanoi and Ho Chi Minh City) shall seek opinions from relevant agencies, conduct reviews, and submit to the provincial People's Committee for approval of general construction planning and detailed construction planning projects for industrial zones.

5.2 For detailed construction planning projects for industrial zones as stipulated in Clause 4 of Article 5 of Decree No. 29/2008/NĐ-CP, the provincial People's Committee shall seek opinions from the Ministry of Construction and other ministries and sectors before approving.

5.3 Forms of organization for review

Depending on the nature and scale of each project, the agency responsible for reviewing detailed industrial zone planning may implement one of the following forms of review:

a) Organizing a Review Board and deciding on the composition and number of members participating in the Board. The composition of the Review Board must ensure that it has two main components consisting of relevant state management agencies and local authorities.

b) Provincial specialized agency review.

5.4 Content of review of construction planning projects:

a) The consulting unit's capacity to prepare construction planning in accordance with regulations;

b) Legal bases for preparing the construction planning project and its compliance with the requirements set out in Clause 3, Part I of this Circular.

c) Specifications for the dossier; components of the dossier and contents of the urban planning project in accordance with the guidelines set out in this Circular and as stipulated in Decision No. 21/2005/QĐ-BXD dated July 22, 2005 of the Minister of Construction.

Part III

URBAN PLANNING MANAGEMENT FOR INDUSTRIAL ZONES

1. Publicizing and disclosing urban planning for industrial zones:

The publicizing and disclosing of urban planning shall be governed by Article 38 and Article 39 of Decree No. 08/2005/NĐ-CP, and shall be detailed as follows:

1.1. For the general urban planning project for industrial zones:

a) The People's Committee at the district level within the planning area shall be responsible for organizing the publicizing and disclosing of the general urban planning projects for industrial zones.

b) The contents of the publicizing and disclosing of the general urban planning project for industrial zones include:

- A schematic layout of architectural landscape orientation;

- A schematic land use planning map;

- Maps of the technical infrastructure system and environmental protection planning.

1.2. For the detailed urban planning project for industrial zones:

a) The People's Committee at the district level within the planning area shall be responsible for organizing the publicizing and disclosing of the detailed urban planning projects for industrial zones related to the administrative boundaries under their management.

b) The contents of the publicizing and disclosing of the detailed urban planning project for industrial zones include:

- A master plan map of land use.

- Maps of the technical infrastructure system and environmental protection planning.

1.3. Forms of publicizing and disclosing:

Within thirty working days from the date the general urban planning project and detailed urban planning project for industrial zones are approved, the competent authority as provided for in points 1.1 and 1.2, Clause 1, Part III of this Circular must organize the publicizing and disclosing of the projects through the following forms:

a) Continuous display by drawings and models at the offices of relevant state management agencies, exhibition centers, and information dissemination about the planning in the areas where the planning has been established;

b) Information dissemination via mass media;

c) Printing into publications for wide distribution.

2. Providing information on urban planning

2.1. The provision of information on urban planning shall be carried out in accordance with Article 33 of the Construction Law and Article 41 of Decree No. 08/2005/NĐ-CP.

2.2. Issuing urban planning certificates:

a) An urban planning certificate is a document that specifies the information and data on the approved urban planning for organizations and individuals when needed.

b) The contents of the urban planning certificate include: information on land use planning, area, coordinates of boundary markers of the plot, red line and construction boundary, building density, land use coefficient, maximum height, minimum height, information on architecture, technical infrastructure systems, environmental protection, and other regulations, the validity period of the certificate according to the approved detailed planning.

3. Designing the basis for technical infrastructure systems and works:

3.1. For industrial zones that have detailed urban planning projects at a scale of 1/2000 which have been approved, the design basis for the technical infrastructure of the industrial zone can be prepared based on the approved detailed urban planning project at a scale of 1/2000 ensuring the contents stipulated in Clause 5, Part III of this Circular.

3.2. For industrial zones that have detailed urban planning projects at a scale of 1/500 which have been approved, the design basis content, in addition to the approved detailed planning at a scale of 1/500, shall supplement the contents specified in items b, c, d of Point 5.1 and items b, c of Point 5.2 of Clause 5, Part III of this Circular.

4. The design basis for the technical infrastructure of the industrial zone shall be carried out during the stage of preparing the investment project for constructing the technical infrastructure of the industrial zone based on: the approved detailed urban planning project ensuring the expression of key technical parameters consistent with applicable standards and regulations serving as the basis for subsequent design steps.

5. The content of the design basis for the technical infrastructure of the industrial zone includes the explanatory section and the drawing section.

5.1. The explanatory section includes the following contents:

a) Summary introduction of the construction site; the approved detailed urban planning project; the connection between construction works and the technical infrastructure of the area;

b) Design scheme for earthwork leveling, road traffic system, technical tunnel or trench, stormwater drainage system, wastewater drainage system, wastewater treatment, water supply, electricity supply, greenery, communication; foundation treatment design scheme for construction works;

c) Environmental protection and fire prevention and extinguishing design scheme in accordance with the law;

d) List of applied standards and regulations.

5.2. The drawing section of the design basis includes:

a) Approved detailed urban planning project drawings;

b) Earthwork leveling design drawings, road traffic system, technical tunnel or trench, stormwater drainage system, wastewater drainage system, wastewater treatment, water supply, electricity supply, greenery, communication; foundation treatment design drawings for construction works; connection with the technical infrastructure of the area;

c) Wastewater treatment station drawings, wastewater treatment technology flowcharts.

6. The design basis for works within industrial zones shall be implemented in accordance with current regulations on investment and construction.

7. Review of the design basis for the technical infrastructure of industrial zones

7.1. Contents of review by the competent authority:

a) The conformity of the design basis with the approved detailed urban planning project; the conformity of the connection with the technical infrastructure of the area;

b) The rationality of the application of technological solutions for centralized wastewater treatment stations;

c) The application of construction, environmental, and fire prevention and extinguishing standards and regulations;

d) The operational capacity conditions of the consulting organization and the professional qualifications of the individual designing the basis according to the regulations.

7.2. Authority to review the design basis for industrial zone investment projects:

a) The provincial Department of Construction reviews the design basis for the technical infrastructure of industrial zones;

b) The Provincial Industrial Zone Management Board or the provincial Department of Construction (for localities that have not established a Provincial Industrial Zone Management Board) reviews the design basis for construction works of projects classified as Group B and C within industrial zones in accordance with current laws on investment and construction.

7.3. The design of the technical infrastructure of the economic zone and construction projects within the economic zone shall be reviewed in accordance with current laws on investment and construction.

8. Management of industrial zones according to approved detailed construction plans:

8.1. The provincial Industrial Zone Management Board bases on the approved detailed construction plan of the industrial zone to issue planning certificates for investment projects in the industrial zone.

8.2. Relevant state management agencies; provincial industrial zone management boards; investors of industrial zone construction and operation infrastructure; industrial zone enterprises and service providers; construction consulting organizations, and related organizations and individuals must comply with the general construction plan and the approved detailed construction plan of the industrial zone.

8.3. In cases where the general construction plan is adjusted or one of the following contents of the approved detailed construction plan of the industrial zone is adjusted (based on the proposal of the investor and agreed upon by the local Industrial Zone Management Board), it must be reviewed by the Department of Construction and submitted to the provincial People's Committee for decision:

a) Nature and boundaries of the industrial zone

b) Proportions of land area for each functional zone and spatial organization structure of the industrial zone including land for factory construction, land for service and administrative centers and green areas of the industrial zone;

c) Main indicators for land management and use such as building height, building density, land use coefficient, spatial organization of architectural planning and landscape;

d) Controlled ground level;

e) Network of main technical infrastructure works:

- Major traffic routes within the industrial area, cross-sections of main roads, red-line boundaries, construction boundaries, setbacks, controlled road profile, right-of-way and ground levels of underground technical works, intersections of various types of roads;

- Locations and areas of key technical facilities (wastewater treatment plants, waste disposal areas);

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

f) Regulations on sanitary distances between different clusters of industrial factories; between industrial factories and residential areas, water supply sources (plants), pumping stations, wastewater treatment plants, waste disposal sites, cemeteries;

g) Regulations on fire prevention and explosion protection;

h) Regulations on the protection of historical sites and scenic spots.

8.4. The provincial industrial zone management board has the authority to approve partial adjustments to the detailed construction plan of the industrial zone in the following cases and notify the Department of Construction for monitoring implementation regarding:

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

b) Technical characteristics of energy supply systems, drainage and sewage systems, and key technical facilities (diameter, length, slope, scale, capacity, facility elevation); stormwater and sewage discharge directions;

c) Internal roads within functional zones of the industrial zone;

d) Branch lines for energy supply, water supply, drainage, and communication;

e) Locations of service facilities.

Part IV

IMPLEMENTATION

1. Based on the state management powers and responsibilities stipulated in Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones, the provincial People's Committees and relevant ministries and sectors shall direct the implementation of the establishment and approval of construction plans and the management of construction plans as guided by this Circular.

2. The Department of Construction or the Department of Urban Planning and Architecture of provinces and centrally-administered cities, and provincial industrial zone management boards are responsible for regularly and periodically inspecting every year the implementation of approved construction plans for industrial zones within their jurisdiction.

3. The Department of Architecture and Construction Planning assists the Minister of Construction in regularly and periodically inspecting the implementation of construction plans for industrial zones nationwide.

4. This Circular takes effect fifteen days from the date of publication in the Official Gazette. For industrial zones with an area of less than or equal to 200 hectares that have already been approved for detailed construction plans at a scale of 1/2000 before this Circular takes effect, they may continue to implement subsequent steps without having to prepare a detailed construction plan at a scale of 1/500./.