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Circular 19/2008/tt-Bxd (Vb): A Guide To Implementing The Assessment, Approval, And Management In The Construction Industry, The Economic Zone

Original Language Title: Thông tư 19/2008/TT-BXD (VB trùng): Hướng dẫn thực hiện việc lập, thẩm định, phê duyệt và quản lý quy hoạch xây dựng khu công nghiệp, khu kinh tế

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CIRCULAR Guide made the creation, evaluation, approval and management of construction industry, economic zones _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 12/2005/ND-CP on January 24, 2005 by the Government on planned construction;
Pursuant to Decree No. 29/2008/ND-CP dated 14/3/2008 of the Government regulations on industrial zones, export processing zones and economic zones, the Ministry of construction guidelines in the preparation, appraisal, approval of construction planning and management in the construction industry, the economic zone as follows: part I GENERAL PROVISIONS 1. This circular guide the establishment, approval, evaluation and management in the construction industry. The preparation, appraisal and approval of the overall planning of the economic zone construction and plans to build the functional areas of the economy, the management of the economic zone is done according to the instructions in circular No. 07/2008/TT-BXD dated 7/4/2008 of the Ministry of construction about manual set , evaluation, approval and management of construction planning.
2. industrial building planning should match the overall development planning of the national industrial zone, building Planning Department, general planning of urban construction is the competent State agencies for approval.
3. The criteria used to set up the master plan in the construction industry must adhere to Standard Rules of construction planning. The standard use case construct foreigners must be approved.
4. Detailed planning for the construction of industrial zones is not set the task of planning and was carried up 1 step 1/2000 or the rate of 1/500.
When planning the details: for industrial zone covers an area of greater than 200 hectares, the detailed planning building set on a map of rate 1/2000. As for the industrial zone covers an area of 200 hectares, then back down from plans to build was created on a map of 1/500.
5. Construction or planning architecture (for HO CHI MINH CITY, Hanoi and Ho Chi Minh) is responsible for providing the content requirements, the target architecture-planning to do detailed planning basis in the construction industry.
6. With regard to industrial zones associated with municipalities, the business focus to general planning urban construction according to the instructions in circular No. 07/2008/TT-BXD dated 7/4/2008 of the Ministry of construction on the established guidelines, appraisal, approval and management of construction planning.
7. How can we record the construction plan must abide by decision No. 21/2005/QĐ-BXD dated 22/7/2005 of the Minister of construction.
8. Planning the construction of the industrial park have to do counseling organization is eligible under regulation implementation capacity.
9. When planning the details of construction industry, consulting organization is responsible for obtaining the opinion of the competent authorities in writing on the issues related to: foreign traffic; Security Defense; source of energy; water supply; waste water; the environment; Prevention of fire and explosion; conservation, embellish the monuments, the landscape before the evaluation plan.
10. Record the construction plan includes industrial presentation and drawings attached to the approval decision was sealed by the agency evaluation plan.
Part II, APPRAISAL And APPROVAL PLANNING The CONSTRUCTION INDUSTRY 1. Held up overall planning industrial construction 1.1. The provincial people's Committee directed the Department of building or architectural Planning Department (for HO CHI MINH CITY, Hanoi and Ho Chi Minh City) held up overall planning for the construction industry attached to municipalities, the business focus.
1.2. the provincial people's Committee directed the Department of building or architectural Planning Department (for HO CHI MINH CITY, Hanoi and Ho Chi Minh City) or the management of provincial industrial area where collaboration with industrial investors choose a unit general planning advice for the construction of the industrial park have many investors participate in construction-business infrastructures.
2. detailed planning organizations in the construction industry: 2.1. As for unspecified industrial building-owner business infrastructures, the provincial people's Committee directed the Department of building or architectural Planning Department (for HO CHI MINH CITY, Hanoi and Ho Chi Minh City) or the industrial zone management Board granted the province where industrial planning organization details the construction industry to appeal to and attract the top investment.
2.2. for industrial area due to a building owner-business infrastructure, the owner held up plans to build the industrial park.
2.3. for industrial area due to more investor involvement building-business infrastructure, the provincial people's Committee directed the Department of building or architectural Planning Department (for HO CHI MINH CITY, Hanoi and Ho Chi Minh City) or the management of provincial industrial zone where there are industrial-coordinated with the owner to select a consultancy unit detailed planning for the construction industry.
3. content construction plan 3.1 industrial zone. For industrial-scale area from 500 hectares or over and have many investors participate in construction-infrastructure business according to each separate zone are defined in clause 3 article 5 of Decree 29/2008/ND-CP then proceed up the General Plan of building with following content : overall planning of industrial zone was established on the terrain of 1/5000-10,000 1, depending on the scale, which must clearly define: the function of land subdivision construction of industrial works; public service center; the green zone; industrial engineering services; the technical infrastructure works (transport, power, lighting, water supply, sewerage, waste disposal, contact information); rules keeping, natural landscape, assure the prevention of fire and explosion, environmental protection; clearly define the social infrastructure works serve the industrial park; the connection with the engineering works in addition to the fence; plans and resources make sure the development under the stage.
3.2. Detailed planning for the construction industry are specified: function, land use indicators (high rise construction, building density land use coefficient, ...) for the land for the construction of industrial works; public service center; the green zone; industrial engineering services; works and infrastructure (transport, power, lighting, water supply, sewerage, waste disposal, contact information); rules keeping, natural landscape, assure the explosions, protection of the environment.
4. Profile of planning the construction industry: 4.1. Profile drawing of the general planning of the construction industry: a) location and the relationship the rate of 1/25,000-1/50,000;
b) map the current state of the architecture, the landscaping, the technical infrastructure and the building land fund assessment rate of 1/5000-1/10,000;
c) planning structure diagram (minimum 2 to compare options) the rate of 1/10,000;
d) diagram of land use planning, rate 1/5000-1/10,000, which define the boundaries of each of the functional areas of land according to the nature and function of use for the land to build the kind of industrial enterprises, public service buildings, roads, green areas, works of technical clues; …;
e) diagram of spatial orientation in landscape architecture;
f) The planning scheme system of industrial infrastructure, the rate of 1/5000-1/10,000, including: major transportation systems in and out of the industrial park; leveling; drainage; power, water supply, drainage dirty water; wastewater collection and treatment of waste; contact information ...
4.2. Profile drawing of detailed planning in the construction industry, including: a) the map location and limited land area ratio of 1/10000-1/25,000;
b) map the current state of the architecture, the landscaping, the technical infrastructure and the building land fund assessment rate of 1/500-1/2000;
c) planning structure diagram (minimum 2 to compare options) the rate of 1/5000;
d) map of land use planning, rate 1/500-1/2000, including: defining the boundaries of each lot and the land according to the nature and function of use for the land to build the kind of industrial enterprises, public service buildings, roads, green areas, works of technical clues; requirements for land use management (construction height, the building density land use coefficient, ...);
e) The map system planning of industrial infrastructure, the rate of 1/500-1/2000 (includes detailed design drawings) are: major transportation systems in and out of the industrial park; leveling; drainage; power, water supply; dirty water discharge; wastewater collection and treatment of waste; contact information;
f) map general line, pipeline engineering, the rate of 1/500-1/2000;
g) map demarcation just about red line and just about building roads, the rate of 1/500-1/2000.
4.3. the browser profile: a) the browser record general building plan and the detailed planning of construction including: the approval recommendation sheet, captions, the miniature drawing in color, the other legal texts concerned;
b) records the evaluation of general plan of construction and planning construction details include: approval recommendation process sheet, captions, miniature drawings in color and black and white drawings proportion according to the regulations, the relevant legal texts;
c) browser profile number and appraisal as required by the Planning Agency built on the basis of the number of members of the Board or the work appraisal;
d) CD's save the entire presentation and content planning drawings constructed 4.4. An archive: include captions, the drawing right prescribed rate, CD's save the whole content of the presentation and the drawings are archived at the Agency construction planning management, industrial management, district-level people's committees and people's Social Committee concerned; Service architecture, construction planning-Ministry of construction plan for the construction industry was The building of the opinion in writing.
5. Evaluation and planning approval to build industrial zones:

5.1. Construction or planning architecture (for HO CHI MINH CITY, Hanoi and Ho Chi Minh City) opinions of related agencies, appraisal, the provincial people's Committee approved the General Plan of construction and detailed planning for the construction industry.
5.2. for the detailed planning of the construction industry are specified in clause 4 Article 5 of Decree No. 29/2008/ND-CP, provincial people's Committee consulted the Ministry of construction and the ministries before approval.
5.3. appraisal organization forms depending on the nature and the scale of individual projects, the evaluation of the detailed planning of industrial parks can make evaluation organization under one of the following forms: a) Board organization assess and decide the composition, number of members of the Council. The structure of authority to ensure there are 2 components consist mainly of the management authorities of the relevant State and local governments.
b) appraisal of the provincial professional bodies.
5.4. evaluation content building plan: a) the capacity of the planning consultation units built according to regulations;
b legal bases) to form the building plan and conformity with the requirements according to the instructions in paragraph 3, 4 of part I of this circular;
c) profile specification; profile components and content building plan under the guidance of this circular and the provisions in decision No. 21/2005/QĐ-BXD dated 22/7/2005 of the Minister of construction.
Part III PLANNING MANAGEMENT In The CONSTRUCTION INDUSTRY 1. Published, openly planning to build industrial parks: the publication, public construction planning is regulated in article 38 and article 39 of Decree No. 12/2005/ND-CP and specific instructions some content as following: 1.1. For the General plan in the construction industry: a) the people's Committee in the district level planning is responsible for the Organization, publicly announced the overall planning for the construction industry, b) contents published, publicly shared plan in the construction industry, including:-site map spatial orientation in landscape architecture;
-Site map of land use planning;
-The map system planning of infrastructure and environmental protection.
1.2. for the detailed plan in the construction industry: a) the people's committees at district level in the region are responsible for planning the Organization announced, publicly detailed plan in the construction industry in relation to its administrative boundary management.
b) content, publicly announced for the detailed plan in the construction industry, including:-planning map of the surface by use of land;
-The map system planning of infrastructure and environmental protection.
1.3. public disclosure form: within 30 working days from the date of the General plan, the detailed planning of industrial zones approved by the competent authority, as prescribed in points 1.1 and 1.2, paragraph 1, part III of this circular to the Organization, publicly announced the plan according to the following form : a) exhibited regularly, continuously by a drawing, model at the headquarters of State management bodies the relevant level, the wineries and information on planning and in the planning area;
b) information on the means of mass communication;
c) printed publications to wide release.
2. Provide information on construction planning 2.1. The provision of information on planned construction was done under article 33 of the law on construction, Article 41 of Decree 8/2005/ND-CP. 2.2. Construction planning certificate: a certificate of construction planning) is the text identifying the information and data on construction planning is for organizations and individuals, when there is demand.
b) contents of construction planning certificate includes: information on the planning of land use area, lot's boundary coordinates, just about the red line and only about the construction, the building density, land use coefficient, maximum height, minimum height, the information on the architecture systems, technical infrastructure, environmental protection and other provisions, the term of the certificate according to the detailed planning.
3. The basic design and technical infrastructure works: 3.1. As for the planned industrial zone construction details rate 1/2000 was approved, the design of the technical infrastructure of industrial zones and can be established on the basis of the detailed planning of construction the rate of 1/2000 ensures the content specified in paragraph 5 of part III of this circular.
3.2. for industrial zones planned construction details rate 1/500 approved the basic design content in addition to content of detailed planning 1/500 ratio was browsing, addition of content regulation in detail b, c, d and 5.1 points b, c point 5.2 paragraph 5 of part III of this circular.
4. Design infrastructure and industrial engineering is done in stages of investment project to build technical infrastructure industrial zones on the basis of: detailed planning approved building warrants represented primarily technical parameters in accordance with the standard rules , the standard to be applied is to base the next design step.
5. content infrastructure design industrial engineering includes captions and section drawings.
5.1. the presentation including the content: a) the brief construction location; detailed planning of the approved construction; the connection between the projects with each other and with the technical infrastructure of the area;
b) leveling designs, systems, roads, technical tuynen or dime techniques, drainage systems, sewerage, sewage treatment, water supply, power supply, green, contact information; process background, nail the projects;
c) environmental protection projects, fire, fire in accordance with the law;
d) directory of standard rules, standards are applied.
5.2. the basic design drawings include: a) detailed planning drawings approved construction;
b) leveling design drawing system, roads, technical tuynen or dime engineering, drainage systems, sewerage, sewage treatment, water supply, power supply, green, contact information; the drawing process in the background, the Foundation projects; connect with the technical infrastructure of the area;
c) waste water treatment stations, drawing, diagram of the waste water treatment technology.
6. The basic design works in industrial zones follow the current regulations on investment and construction.
7. Design infrastructure 7.1 industrial engineering. Content evaluation of competent authorities: a) the suitability of the design basis with detailed planning approved construction; the fit of the connection with the technical infrastructure of the area;
b) affordability of technology projects applicable to the waste water treatment stations;
c) the application of the standard rules, standards of construction, environment, fire prevention;
d) condition of capacity building activities of the advisory organization, capacity of practice of individual design basis according to the rules.
7.2. jurisdiction to assess the basic design industrial investment projects: a) the Department local building design infrastructure, industrial engineering;
b) management of provincial or industrial Facility building (for local not yet established industrial zone management Board granted the province) evaluation of the basic design of construction projects of Group B, C industrial zone as defined in current legislation on investment and construction.
7.3. Evaluation of design of technical infrastructure, economic zone and the construction of economic zones follow current law regulations on investment and construction.
8. Manage the construction industry according to the detailed planning built browser: 8.1. Management of provincial industrial bases plans to build industrial zones have been approved to conduct the certification planning for investment projects in the industrial area.
8.2. the management authority of the State concerned; The industrial zone management board; home construction-infrastructure business industrial; industrial enterprises, industrial services; construction consulting organization, the Organization, the individual concerned must comply with the overall planning for the detailed planning and construction in the construction industry.
8.3. in case of general building planning adjustment or modification of one of the following content of detailed planning in the construction industry are browser (on the basis of proposals by the owner and is the consistency of the management of local industrial park) it must be the Department build the evaluation process of the provincial people's Committee decision;
a) the nature and boundaries of industrial zone b) the rate of the land area of each of the functional areas and organization structure consists of industrial space in the industrial building; construction of land administrative and Service Centre for industrial and public green area of the industrial park;
The main targets of c), management of land use, such as: construction height, the building density, coefficient of land use, spatial organization of planning and landscape architecture;
d) background level control;
e) network infrastructure engineering works:-The main traffic routes in the industrial area, major roads, only the cross-section about the red line, is just about the build, around back, reinforced control routes, hallways and high degree of underground engineering works, buttons crossing the road;
-Location and area technical works clue (dirty water treatment stations, garbage disposal areas);
-The provisions on the protection of safety glasses and the gap between the industrial companies with transportation (rail, marine, Ministry, airports); irrigation, Dyke; high-voltage power lines;
f) regulations about hygiene and isolation between industrial clusters have different properties; between industrial companies with residential areas, water supply (source, factory), pumping stations, treatment of waste, landfill, the cemetery;
g) The regulations on fire prevention;
h) the regulations on the protection of monuments, attractions.
8.4. the industrial zone management Board granted the province has the right to allow local adjustments detailed planning of industrial zones in the following cases and inform the facility built to track the implementation of:

a) land area for the project without changing the land use functions;
b) technical characteristics of the energy supply system, water supply and technical projects clues (diameter, length, slope, scale, capacity, reinforcement works); drainage direction, dirty water;
c) internal Roads in the industrial function zone;
d) Branch Line power, water supply, drainage, information;
e) location service works.
Part IV IMPLEMENTATION 1. The base powers, responsible governance is regulated, Decree No. 29/2008/ND-CP dated 14/3/2008 of the Government regulations on industrial zones, export processing zones and economic zones, the provincial people's Committee, the ministries concerned directing implementation planning review, the building and construction planning management are guided in this circular.
2. Construction or planning of the architecture Department of the province, central cities, the industrial zone management board is the provincial agency responsible for regular checks, periodic 1 year on the implementation of the master plan in the construction industry have been approved.
3. Service architecture, building planning helps the Minister to build regular checks, periodic implementation planning to build industrial parks in the country.
4. This circular takes effect after 15 days from the Post Gazette. For industrial-scale is less than or equal to 200 ha has approved plans to build a 1/2000 rate before this circular effect, the continued implementation of the next steps that are not construction detail planning 1/500.