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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.
05/2005/TT-BXD
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Ha
Noi, April 12, 2005
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CIRCULAR
GUIDING THE CONTESTS FOR ARCHITECTURAL DESIGNS OF
CONSTRUCTION WORKS
- Pursuant to the Governments
Decree No.36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers
and organizational structure of the Ministry of Construction;
- Pursuant to Article 55 of Construction Law No.16/2003/QH11 of November 26,
2003;
- Pursuant to Article 26 of the Governments Decree No.16/2005/ND-CP of February
7, 2005 on management of investment projects on the construction of works;
- The Construction Ministry herby guides the contents for architectural designs
of construction works as follows:
I. GENERAL
PROVISIONS
1. Purposes
The contents for architectural
designs of construction works aim to select the best architectural options for
designing and construction of works.
2. Scope of
application
This Circular guides the order,
procedures and forms of contest; rights and obligations of organizations and
individuals involved in the contests for architectural designs of works.
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a. The following construction
works, regardless of their capital sources and ownership forms, before
construction investment projects are formulated, must be put up for
architectural design contests:
- Headquarters of Peoples
Committee of district or higher level;
- Cultural and sport works and
other public facilities of grade I or special grade;
- Construction works of
particular architecture in urban centers of grade 2 or higher, such as
monuments, bridges, radio and television broadcasting station, central railway
stations, international airports, works built in locations decisively affecting
urban architectural landscape and works symbolizing local cultural or
historical traditions.
b. It is encouraged to hold
contests for architectural designs of works with architectural requirements,
apart from works liable to contests.
4. Forms of
contest
Investment deciders shall decide
to organize contest for architectural designs of construction works. Depending
on the size and nature of works, and timing, financial and other conditions,
the following contesting forms may be opted for:
a. Domestic contest, including:
- Restricted contest.
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A restricted contest (including
contest involving foreigners) means a form of contest where the investor or the
contest-organizing board invites a number of fully capable organizations and
individuals (not less than 3) to participate in the contest. Works eligible for
restricted contest include headquarters of district-level Peoples Committees
and works of particular architecture in urban centers or grade 2 or higher as
stated at Item 3.a, which are not of scale I or special scale.
An unrestricted contest
(including contest involving foreigners) means a form of contest with unlimited
number of contestants being organizations and/or individuals, which is
publicized on domestic mass media. Works eligible for unrestricted contest
include works of particular architecture in urban centers of grade 2 or higher
as stated at Item 3.a, which are of scale I or special scale; cultural and
sport works and other public facilities of scale I or special scale.
b. International contest:
An international contest means a
form of contest which is organized in accordance with international practices
and regulations through letters of invitation or international publicization.
Works eligible for international contest include special works decided by
investment deciders.
II.
ORGANIZATION OF CONTESTS
1.
Preparation for contests
a. Activities in preparation for
contest organization:
- Completing legal procedures
related to the works, such as investment plans, construction locations, land
use right and other procedures (if any).
- Collecting information,
documents and date on detailed planning on construction land lots.
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- Drawing up plans on contest
organizations.
- Formulating designing tasks.
- Preparing funds for contests
b. Responsibilities of
investment deciders:
- To approve contest forms.
- To approve plans on contest
organization.
- To approve designing tasks.
- To approve lists of
organizations and individuals invited to participate in contests, for
restricted competition.
c. Responsibilities of
investors:
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- To provide information,
documents and data on detailed planning on construction land plots and other
information to contesting organizations and/or individuals.
- To propose the selection of
contest forms.
- To make appropriate plans on
contest organization.
- To map out designing tasks.
- To propose prizes, rights and
responsibilities of contesting organizations and/or individuals.
- To set up contest-organizing
boards and option-selecting councils.
- To approve regulations on
contests.
- To make cost-estimates of
funds for contests. Funds for contests shall be included in the total amount of
investment in construction of works.
- In case of necessity,
investors may hire a consulting organization to assist them in organizing
contests.
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The designing tasks must cover
the following contents:
- Objectives of construction of
works.
- Bases for formulating the
designing tasks.
- Construction locations;
requirements on planning, landscape and architecture for the land lots for
construction of works.
- Sizes of works; requirements
on utilities, architectures, art and technique of works.
- Requirements on contesting
options.
2.
Organization of contests
2.1 Contest-organizing boards:
a. The contest-organizing boards
(hereinafter called the organizing boards) shall be set up by investors to conduct
contests. Investors may assign management boards of investment projects on the
construction of works to act as the organizing boards.
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- To work out regulations on
contests.
- To guide organizations on contests.
- To provide relevant
information and documents and contest plans to contesting organizations and
individuals.
- To disseminate regulations on
contest dossiers.
- For restricted contests, the
organizing boards must envisage lists of contesting organizations and
individuals, and prepare letters of invitation for contests.
- To publicize contest results.
b. The organizing boards may set
up professional groups to receive, make statistics, manage and examine dossiers
of contesting options according to the regulations on contests before
transferring them to the option-selecting councils.
2.1 Regulations on contests:
The regulation on contests cover
the following contents:
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b. Specific provisions,
including:
- Forms of contest.
- Contest dossiers.
- Languages used.
- Other provisions (if any).
c. Provisions on contest
dossiers:
The contest dossiers consist of
explanations, drawings and models (as required by contests) of contesting
options.
- Explanations on contesting
options:
The explanations on contesting
options must cover the following principal contents: contesting options
architectural ideas in terms of both shapes and utilities; the compatibility
with requirements on planning, landscape and architecture of construction
areas; proposed technical solutions to works insides and outsides; options
impacts on regulations on environmental protection and fire and explosion
prevention and fighting; the feasibility of options.
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The drawings of contesting
options must fully reflect the options contents and have specifications under
the regulations on contests.
- In cases where models of
contesting options are required, such models must be made according to uniform
scales.
d. Other provisions:
- Other provisions include
provisions on field-trip duration, time for submission of contest dossiers,
time for making contestants options, time for publicizing contest results,
duration of display at exhibitions for comments on selected options (is
necessary).
2.2 Rights and responsibilities
of contesting organizations and individuals:
a. Domestic or foreign
organizations and individuals wishing to participate in contests must have full
civil act capacity according to provisions of law.
b. Organizations and individuals
that have architectural plans selected for construction of works shall have
their copyrights protected, may take further designing steps if they are fully
capable; if incapable, they may enter into partnership with fully capable
consultancy organizations. In cases where organizations or individuals that
have their architectural plans selected refuse to take further designing steps,
investors shall select appropriate contractors but the copyrights shall still
belong to the organizations or individuals that have their architectural plans
selected.
3.
Responsibilities of agencies in charge of State management over local planning
and architecture in contests
- To provide information and requirements
on planning, planning, landscape and architecture of the land lots for
construction of works.
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- Not to use their influence to
distort selection results.
- In cases where the land lots
for construction of works are located in the areas with detailed planning on
urban construction, including urban architecture approved by competent
authorities, agencies in charge of state management over local planning and
architecture shall inform investors thereof so that the latter can decide on
appropriate forms of contest.
III.
ORGANIZING SELECTION OF CONTESTING OPTIONS
1.
Option-selecting councils
a. The option-selecting councils
(hereinafter called the councils) shall advise and assist the organizing boards
and investors in appraising and classifying contesting options.
b. The councils shall be set up
by investors.
2.
Composition of the councils
A council shall be composed of
the chairman, the secretary and members.
a. The chairman shall be a
prestigious expert in architectures, invited by the investor or elected by the
council.
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c. Members shall be experts in
the domains of planning, architecture, construction, cultures, history and fine
arts, and representatives of agencies in charge of state management over local
planning and architecture, at least 70% of them are professionals.
Depending on the sizes and
nature of works, and their timing, financial and other conditions, investors
may invite foreign experts to join the councils.
Organizations and individuals
that have contesting options must not participate or appoint their
representatives to participate in the councils.
3.
Operation of the councils
a. Responsibilities of the
councils:
- To work out working
regulations of the councils. Such working regulations must specifically express
the principles and methods of evaluating, marking and ranking contesting
options.
- The councils chairmen shall
approve on the councils behalf the working regulations of the councils and bear
responsibility before investors for the implementation of the regulations.
- To evaluate, mark and rank
contesting options.
- To ensure confidentiality,
objectivity and truthfulness, and that selection results are not affected by
negative acts.
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b. Responsibilities of
investors:
- To create favorable conditions
for, and satisfy reasonable requirements of, the councils.
- Not to use their influence to
distort selection results.
- To sum up and report on
selection results to investment deciders.
- To organize displays of
contesting options for comments (if necessary) under decisions of investment
deciders.
- To organize presentation of
prizes.
- To propose options to be
selected for construction of works. In cases where the proposed options are
different from the options already ranked the best by the councils, investors must
notify the reasons to the councils and the options authors.
4. Other
provisions
a. For contestants that violate
the regulations on contests, or the councils members that violate the working
regulations, depending on the seriousness of their violations, the organizing
boards and investors shall base themselves on the contest regulations and the
working regulations to consider and decide on the handling.
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IV.
IMPLEMENTATION EFFECT
This Circular takes effects 15
days after its publication in the Official Gazette.
Any problems arising in the
course of implementation should be reported by ministries, branches, localities
as well as relevant organizations and individuals to the Construction Ministry
for guidance and settlement.
FOR
THE MINISTER OF CONSTRUCTION
VICE MINISTER
Nguyen Tan Van
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