MINISTRY OF CONSTRUCTION ------- | THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------- |
No.: 23/2009/TT-BXD | Hanoi, July 16, 2009 |
CIRCULAR
GUIDING THE CONTEST AND SELECTION OF DESIGN PLAN OF CONSTRUCTION WORK ARCHITECTURE
Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Decree No.12/2009/ND-CP dated 12/02/2009 of the Government on Management of Construction Investment,
The Ministry of Construction guides the contest and selection of design plan of construction work architecture as follows:
Chapter I
GENERAL PROVISIONS
Article 1. The purpose
the contest and selection of design plan of construction work architecture is aimed at selecting the best design plan meeting the maximum requirements of art, architecture planning, landscaping, utilities; expressing the meaning and nature of construction work, and with a high feasibility.
Article 2. Scope of governing and subjects of application
1. Scope of governing: To guide the contest and selection of design plan of construction work architecture for public works of large-scale, works with architecture-specific requirements. For other works are encouraged to apply.
2. Subjects of application: Organizations and individuals involved in the contest and selection of design plan of construction work architecture.
Article 3. The works required organizing the contest or selection of architectural design plans
1. Public works of large-scale include works of grade I and specific grade.
2. The works with specific architectural requirements include:
a) Symbol works, prominent works, works which are constructed in a position directly affecting the landscape appearance of urban architecture or the works having specific requirements such as international border gates, monuments, central railway stations, domestic, international airports; radio and television stations at provincial level or more;
b) The urban traffic works having high aesthetic requirements such as overpasses, bridges over rivers in urban areas;
c) The works as symbols of tradition, culture, and history with especially important significance for localities;
d) The works with requirement of formal architecture, showing power such as head offices of the Party and State, the political-administrative centers at provincial level or higher;
e) The works required by the authorities to make mark, contributing to the urban appearance and landscape.
Article 4. Forms of contest and selection of the plan
After the investment policy, the person deciding on investment or the investor (as the investor is also the person deciding on investment) decides to hold contests or selection of the design plan of construction work architecture. The contests or selection of the design plan of construction work architecture are made by one of the following forms:
1. Forms of contests:
a) Execution of unrestricted contest:
Unrestricted contest is a form of contest with unlimited number of contestants being domestic or foreign organizations and/or individuals (if necessary) to participate in and is publicized on mass media.
b) Restricted contest:
Restricted contest is a form of contest that investor invites at least five domestic or foreign organizations and individuals (if necessary) with qualifications to participate in the contest. The form of restricted contest is applied to the case the investor has identified a number of qualified consultants in accordance with the project, construction work or because of the conditions and time unable to hold the unrestricted contest.
2. Form of plan selection:
Plan selection is a form that the person deciding on investment (or the investor) selects a design consultant having eligible capacity, experience, proposed at least three design plans for investors to select the best plan for design, work construction.
Chapter II
ORGANIZATION OF THE CONTEST AND SELECTION OF DESIGN PLAN OF CONSTRUCTION WORK ARCHITECTURE
Article 5. Organization of the contests
The person deciding on investment (or the investor) can hold the contest by its own or hire an organization having experience in organizing contest.
1. Preparation for the contest: