Circular No. 19/2009/TT-BXD on management of investment construction in industrial zones and economic zones

CIRCULAR

REGULATIONS ON MANAGEMENT OF INVESTMENT CONSTRUCTION IN INDUSTRIAL ZONES AND ECONOMIC ZONES

Pursuant to Decree 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 02/2006/NĐ-CP dated January 5, 2006 of the Government on the Regulations for New Urban Areas;
Pursuant to Decree 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing;
Pursuant to Decree 99/2007/NĐ-CP dated June 13, 2007 of the Government on management of construction investment costs;
Pursuant to Decree 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial zones, export processing zones, and economic zones;
Pursuant to Decree 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management of construction investment;

The Ministry of Construction hereby stipulates the state management of investment construction in industrial zones and economic zones as follows:

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular prescribes certain contents of state management of investment construction in industrial zones and economic zones.

2. Applicability: This Circular applies to organizations and individuals investing in construction, engaging in construction activities; management boards of industrial zones and economic zones, and related organizations and individuals.

Article 2. Construction Management According to Planning

1. The management board of industrial zones and economic zones shall be responsible for:

a) Providing information about approved planning for construction for investors to prepare detailed construction planning and technical infrastructure design for industrial zones or functional areas within economic zones;

b) Issuing planning certificates for construction for investors upon request, to prepare investment construction projects according to regulations;

c) In cases where projects are not included in sectoral planning, they shall be implemented in accordance with Clause 3, Article 6 of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on management of construction investment projects (hereinafter referred to as Decree 12/CP);

d) Approving in writing the location and scale of construction for group B and C projects invested in industrial zones and economic zones that are not included in approved construction planning.

2. The management board of industrial zones and economic zones shall be responsible for managing construction of projects within industrial zones and economic zones according to approved construction planning.

3. The management board of industrial zones and economic zones shall be responsible for examining and approving the connection of technical infrastructure for construction investment projects within industrial zones and economic zones.

Article 3. Construction Design Management

1. The management board of industrial zones and economic zones shall accept project investment construction files; directly provide comments on basic design for group B and C construction investment projects, and forward project files to specialized construction management ministries as prescribed in Circular No. 03/2009/TT-BXD dated March 26, 2009 of the Ministry of Construction detailing certain contents of Decree 12/CP (hereinafter referred to as Circular 03/2009/TT-BXD) to provide comments on basic design for group A construction investment projects in industrial zones and economic zones.

The procedures, formalities, and content of providing comments on basic design for construction investment projects shall be carried out in accordance with the guidance provided in Circular 03/2009/TT-BXD.

2. Basic design for technical infrastructure of construction projects in industrial zones shall be implemented in accordance with Clause 3, Part III of Circular No. 19/2008/TT-BXD dated November 20, 2008 of the Ministry of Construction guiding the implementation of preparation, review, approval, and management of construction planning for industrial zones and economic zones.

Article 4. Issuing Construction Permits

1. The management board of the economic zone shall issue construction permits for construction projects within the economic zone that require such permits under the regulations, except for those specified in Clauses 2 and 3 of this Article.

2. The People's Committee of the district shall issue construction permits for construction projects of Class II or lower and individual houses in urban areas within the economic zone under its jurisdiction.

3. The People's Committee of the commune shall issue construction permits for individual houses in rural residential areas within the economic zone where planning has been approved or in areas designated by the People's Committee of the district where construction requires a permit.

Article 5. Construction Quality Management

The management boards of industrial zones and economic zones shall be responsible for:

1. Supervising and inspecting the quality of construction works according to regulations for construction projects they are the main investors in and for construction projects transferred to the management boards of industrial zones and economic zones.

2. Cooperating with the Department of Construction to inspect and supervise the implementation of construction quality management for investment construction projects within industrial zones and economic zones.

3. Reporting periodically every six months or annually, or at any time deemed necessary, to the provincial People's Committee and the Department of Construction on the situation of construction quality management and incidents involving construction works occurring within industrial zones and economic zones.

4. Cooperating with the Department of Construction or the Ministry of Construction to organize the assessment of construction work quality and incidents involving construction works.

Article 6. Management of New Urban Area Projects and Housing Projects in Economic Zones

The management board of the economic zone shall be responsible for:

1. Organizing the review of new urban area development projects for the provincial People's Committee to submit to the Prime Minister for approval or for the provincial People's Committee to approve within their authority.

The procedures, formalities, contents of the review, and implementation of new urban area projects shall follow the provisions of Decree No. 02/2006/ND-CP dated January 5, 2006, of the Government on the issuance of the Regulations on New Urban Areas and Circular No. 04/2006/TT-BXD dated August 18, 2006, of the Ministry of Construction guiding the implementation of the Regulations on New Urban Areas issued pursuant to Decree No. 02/2006/ND-CP dated January 5, 2006, of the Government.

2. Organizing the review of housing projects within the economic zone for the provincial People's Committee to consider and approve.

The procedures, formalities, and contents of the review of housing projects shall follow the laws on housing.

3. Managing the construction of new urban area projects within the economic zone according to the provisions of Decree No. 02/2006/ND-CP dated January 5, 2006, of the Government on the issuance of the Regulations on New Urban Areas and Circular No. 04/2006/TT-BXD dated August 18, 2006, of the Ministry of Construction guiding the implementation of the Regulations on New Urban Areas issued pursuant to Decree No. 02/2006/ND-CP dated January 5, 2006, of the Government.

Article 7. Investment Construction Cost Management

The management boards of industrial zones and economic zones shall be responsible for:

1. Managing investment construction costs for projects assigned as main investors according to the provisions of Decree No. 99/2007/ND-CP dated June 13, 2007, of the Government on the management of investment construction costs.

2. Taking the lead and coordinating with the Department of Construction to guide the preparation and management of investment construction costs for projects within industrial zones and economic zones.

3. Considering and soliciting opinions from relevant ministries and sectors regarding the total investment amount for projects transferred to the State or projects benefiting from State incentives within industrial zones and economic zones.

Article 8. Implementation organization

1. The management board of industrial zones and economic zones shall be responsible for:

a) Studying and proposing mechanisms and policies on construction management for industrial zones and economic zones to be submitted to the Ministry of Construction or the provincial People's Committee for consideration and issuance.

b) Participating in discussions with the Ministry of Construction and the provincial People's Committee in the development of legal documents related to construction management within industrial zones and economic zones.

c) Leading and coordinating with the Department of Construction to develop regulations on cooperation in working on state management in the field of investment construction within industrial zones and economic zones.

d) Being subject to professional state management by the Ministry of Construction and the Department of Construction.

đ) Managing construction activities within industrial zones and economic zones in accordance with the laws on construction.

e) Inspecting construction activities within industrial zones and economic zones, handling them within their authority or reporting to local People's Committees or competent authorities for handling according to current regulations.

2. Effective Date:

a) This Circular shall take effect from August 15, 2009.

b) During the implementation period, if there are any difficulties, organizations and individuals should send their opinions to the Ministry of Construction for consideration and resolution./.