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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.19/2009/TT-BXD
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Hanoi,
June 30, 2009
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CIRCULAR
STIPULATING
THE MANAGEMENT OF INVESTMENT AND CONSTRUCTION IN INDUSTRIAL PARKS AND ECONOMIC
ZONES
Pursuant to the Government’s
Decree No. 17/2008/ND-CP dated February 4, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 02/2006/ND-CP dated January 5, 2006, on
the Regulation on new urban centers;
Pursuant to the Government’s Decree No. 90/2006/ND-CP dated September 6, 2006,
detailing and guiding the implementation of the Housing Law;
Pursuant to the Government’s Decree No. 99/2007/ND-CP dated June 13, 2007,
stipulating the management of expenses for investment in the construction of
works;
Pursuant to the Government’s Decree No. 29/2008/ND-CP dated March 14, 2008,
stipulating industrial parks, export processing zones and economic zones;
Pursuant to the Government’s Decree No. 12/2008/ND-CP dated February 12, 2009,
on management of investment projects on the construction of works;
The Ministry of Construction
stipulates the state management of investment and construction in industrial
parks and economic zones as follows:
Article 1. Scope of
regulation and subjects of application
1. Scope of regulation: This
Circular stipulates some contents of state management of investment and
construction in industrial parks and economic zones.
2. Subjects of application: This
Circular applies to organizations and individuals investing in construction and
carrying construction activities; management boards of industrial parks and
economic zones; and related organizations and individuals.
Article 2. Management of
construction according to planning
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a/ Provide information on the
approved construction plans for investors to make detailed construction plans
and technical infrastructure designs for industrial parks or functional
sub-zones in economic zones;
b/ Grant construction planning
certificates to investors upon request for formulating construction investment
projects according to regulations;
c/ For projects not included in
a branch plan, comply with Clause 3, Article 6 of the Government’s Decree No.
12/2009/ND-CP dated February 12, 2009, on management of investment projects on
the construction of works (below referred to as Decree No. 12/CP);
d/ Approve in writing the
locations and scale of construction for group-B and group C investment projects
in industrial parks and economic zones not yet included in approved
construction plans.
2. The management boards of
industrial parks or economic zones shall manage the construction of works in
industrial parks or economic zones according to approved construction plans.
3. The management boards of
industrial parks or economic zones shall consider and approve the connection of
technical facilities of construction investment projects in industrial parks or
economic zones.
Article 3. Management of
construction designs
1. The management boards of
industrial parks and economic zones shall receive dossiers of construction
investment projects and directly give opinions on basic designs of group-B and
group-C construction investment projects, and send dossiers of group-A
construction investment projects in industrial parks or economic zones to the
ministries in charge of specialized construction works specified in the Construction
Ministry’s Circular No. 03/2009/TT-BXD dated March 26, 2009, detailing some
contents of Decree No. 12/CP (below referred to as Circular No. 03/2009/TT-
BXD), for opinion on their basic designs.
The order, procedures and
contents for giving opinions on basic designs of construction investment
projects comply with the guidance in Circular No. 03/2009/TT-BXD.
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Article 4. Grant of
construction licenses
1. The management boards of
economic zones shall grant construction licenses for construction works subject
to construction licenses in their economic zones according to regulations,
excluding those specified in Clauses 2 and 3 of this Article.
2. District-level People’s
Committees shall grant construction licenses for works of grade II and lower
and individual houses in urban centers under their management in economic
zones.
3. Commune-level People’s
Committees shall grant construction licenses for individual houses in rural
population points in economic zones according to approved plans or in areas
where construction licenses are required under regulations of district-level
People’s Committees.
Article 5. Management of
construction quality
The management boards of
industrial parks and economic zones shall
1. Supervise and test according
to regulations construction quality of works under projects for which they act
as investors and works to be transferred to them.
2. Coordinate with
provincial-level Construction Departments in examining and inspecting the management
of construction quality of works under construction investment projects in
their industrial parks or economic zones.
3. Biannually, annually or
unexpectedly, report to provincial-level People’s Committees and Construction
Departments on the management of construction quality and work incidents
occurring in their industrial parks or economic zones.
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Article 6. Management of new
urban center projects and housing projects in economic zones
The Management boards of
economic zone shall:
1. Appraise investment projects
on the construction of new urban centers before they are submitted by
provincial-level People’s Committees to the Prime Minister for consideration
and permission or considered and permitted by provincial-level People’s
Committees.
The order, procedures and
contents for evaluating and implementing projects on new urban center comply
with the Government’s Decree No. 02/2006/ND-CP dated January 5, 2006,
promulgating the Regulation on new urban centers, and the Construction
Ministry’s Circular No. 04/2006/TT-BXD dated August 18, 2006, guiding the
implementation of the Regulation on new urban centers promulgated together with
the Government’s Decree No. 02/2006/ND-CP dated January 5, 2006.
2. Appraise housing projects in
their economic zones before they are considered and approved by
provincial-level People’s Committees.
The order, procedures and
contents for appraising housing projects comply with the housing law.
3. The management of the
construction of new urban centers in economic zones complies with the
Government’s Decree No. 02/2006/ND-CP dated January 5, 2006, promulgating the
Regulation on new urban centers, and the Construction Ministry’s Circular No.
04/2006/TT-BXD dated August 18, 2006, guiding the implementation of the
Regulation on new urban center promulgated together with the Government’s
Decree No. 02/2006/ND-CP dated January 5, 2006.
Article 7. Management of
construction investment expenses
The management boards of
industrial parks or economic zones shall:
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2. Assume the prime
responsibility for, and coordinate with provincial-level Construction
Departments in guiding the estimation and management of construction investment
expenses of works in their industrial parks or economic zones.
3. Consider and consult
concerned provincial-level Departments and branches on the total investment
levels of projects to be transferred to the State or those enjoying state
incentives in their industrial parks or economic zones.
Article 8. Organization of
implementation
1. The management boards of
industrial parks or economic zones shall:
a/ Study and propose mechanisms
and policies on construction management applicable to industrial parks and
economic zones to the Ministry of Construction or provincial-level People’s
Committees for consideration and promulgation.
b/ Give opinions to the Ministry
of Construction and provincial-level People’s Committees on draft legal
documents related to construction management in industrial parks and economic
zones.
c/ Assume the prime
responsibility for, and coordinate with provincial-level Construction
Departments in, drafting a regulation on coordination of the state management
of investment and construction in industrial parks and economic zones.
d/ Place themselves under the
specialized state management by the Ministry of Construction and
provincial-level Construction Department.
e/ Manage construction
activities in industrial parks and economic zones under the construction law.
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2. Implementation effect:
a/ This Circular takes effect on
August 15, 2009.
b/ Any problems arising in the
course of implementation should be reported to the Ministry of Construction for
consideration and settlement.
FOR
THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Cao Lai Quang