Circular No. 05/2005/TT-BXD dated April 12, 2005 of the Ministry of Construction guiding the contests for architectural designs of construction works

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.

3. Works which must be put up for contests

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.

- Unrestricted contest.

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.

- Selecting contesting forms.

- 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:

- To complete legal procedures related to construction works.

- 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.

d. Designing tasks:

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.

The organizing boards shall have the tasks:

- 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:

a. General provisions, clearly stating the nature, purposes and requirements of contests.

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.

- Drawings of contesting options:

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.

- To appoint representative to participate in the option-selecting councils set up by investors, at investors invitations.

- 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.

b. The secretary shall be unanimously designated by the investor and the council chairman.

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.

- To report and explain selection results to investors.

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.

b. Any disputes in the course of contest (if any) shall be settled according to provisions of current law.

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.