CONSTRUCTION MANAGEMENT RULES IN DA DENG THE INDUSTRIAL PARK

A. GENERAL

Article 1: Purposes

To ensure legality of the leased land and proper use of the enterprise owners thereof, it hereby promulgates ‘regulations on construction management in Da Deng the Industrial Park’ (the Industrial Park) upon the approved plan as a basis for the owners’ implementation and standard for the Industrial Park’s management and examination.

Article 2: Scope of application

This regulation is applied to land boundaries of Da Deng the Industrial Park in plot F-1-CN, Phu My village, Tan Vinh Hiep under Binh Duong Urban-Industry-Service Complex Zone as stated on compensation contract and to the enterprise owners in the Industrial Park.

Article 3: Applied Object

According to the approved engineering documents of the master plan of Da Deng the Industrial Park and provisions herein, construction and local authorities based on their assigned powers and duties shall direct execution of investment projects, check project construction in accordance with legal regulations.

Article 4: Architectural space organization

1. Production projects: It is in plot A, B, C1, C2, D1, D2, E and F on roads No. 1, N1, N2, D1, DD1, DD2, DD3 and DD5:

(1) Landmark

A. Road front

B. Not road front: It is 6m far away from landmark

(2) Construction density, greening rate and construction storey

(3) Fence:

- Road front:

Fence will not be over 2m high, will be engineered completely and not encroached to the boundaries. Engineering will be executed by qualified people (refer to attached technical engineering documents).

2. Expert and worker houses: It is in plots DV3, DV4 and DV8 on the Industrial Park’s internal roads.

(1) Landmark

(2) Construction density, greening rate:

3. Commerce-service center: It is in plots CC1, CC2, DV1, DV5, DV6 and DV7:

(1) Landmark

(2) Construction density and storey:

Max construction density and construction height: Public, commerce and service works have a particular height which has to be in compliance with construction density/height in accordance with current Vietnamese standards.

Article 5: Project structure solutions

1. In order to treat project foundations that are not excessive landmark, foundations will be in form of console or screw-propeller.
2. All projects shall have screw-propeller, squat, band or console foundations. In case of pile foundations, pressed or stuff drilling piles shall only be used.
3. Method of preventing foundation landslide: In case two adjacent projects are not constructed at same time, constructors shall well treat the foundations to avoid landslide of adjacent projects. It possibly refers to construction solutions such as base reinforcement by cajuput, outer edge of the foundations is 0.5m far away from the boundaries and column supporting console.

Article 6: Water supply, fire prevention and fighting

1. It is prohibited from drilling underground wells to take water for living activities.
2. The enterprises in the Industrial Park are responsible for contacting with the province’s water supply company to enter water supply contract.
3. It is prohibited from excavation and connecting water supply system in resident areas.
4. Satudo placed on roof is in half of rear length.
5. The Industrial Park’s owner is responsible for installing hydrants along main roads for fire prevention and fighting there in accordance with current regulations.

Article 7: Water drainage

1. Raining water: It will not directly discharge to pavements, roads but through underground pipes, sewers from pits to the Industrial Park’s sewer system.
2. Wastewater drainage: Wastewater from WCs before discharging to common sewers will be internally treated by 3-chamber septic tank.
3. Septic tank: It will be built in proper specification and has sufficient volume for waste treatment.
4. All wastewater from the enterprises’ production will be preliminarily treated and discharged to waste sewer to common wastewater treatment zone.

Article 8: Electricity supply and safety

1. The production enterprises shall contact with electricity company to enter electricity supply contract. It is prohibited from connecting electricity system in the Industrial Park.
2. Minimum distance from outer edge of high voltage line to that of projects is 12m, that of medium voltage line is 4m.
3. Minimum distance from outer edge of low voltage line to that of projects is 1m.
4. Insulated conduits along the projects shall have following minimum distance:
            (1) 2.5m higher than banister, roof.
            (2) 1m far away from banister.
5. In case construction landmark is coincided with red road landmark, safe distance of the low voltage line will be assured during construction.
            (1) Insulated conduit: 1m from outer edge of the line to that of projects vertically.
            (2) Bare conduit: 2m from outer edge of the line to that of projects vertically.

Article 9: Lighting, greening, pavement

1. Lighting
   The enterprises and resident areas have to coordinate with the electricity company to supply light as planned in the Industrial Park. In case of damage, they have to keep competent authorities for repairing. It is prohibited from climbing or using light posts for other purposes.
2. Greening
            (1) Greening in the Industrial Park is cultivated, care, maintained and benefited by the Park’s owner. Residents are responsible for protecting the greening, do not chop. In case of sabotage, it is required to keep the owner informed for resettlement
            (2) The owner is responsible for regularly checking chopping, pruning for safety protection to houses and technical works.
            (3) It is prohibited from greening damage in following events:
                     a. Excavation and rubbish burning in stump
                     b. Urination in stump
                     c. Branch breaking, shell uncovering, nailing and placing advertising board on the trees.
                     d. Tree chopping
                     e. Any behaviors causing damages, affecting to tree growth.
            (4) Residents are encouraged to cultivate the greening on banister, front and rear yards, etc. to enhance urban environment and scenes.
3. Pavements
            (1) Pavements in the Industrial Park are used for walking and placed urban technical works. They are invested, maintained and benefited by the owner.
            (2) It is prohibited from infringement and improper use by any organization and individual.

Article 10: Urban traffic safety

1. Construction works, greening will not restrict vision and shield traffic control boards and signals. Greening cultivated in yards are low.
2. Angling in crossroads: It is 10m x 10m from intersection of two landmarks.

Article 11: Waste treatment and environment sanitation

1. Waste:
            (1) The production enterprises in the Industrial Park are responsible for contracting with urban sanitation company for rubbish transport to proper dump.
            (2) It is prohibited from littering affecting sanitation and scenery in the Industrial Park.
2. Environment:
            (1) It does not regularly let out odor smoke and fume to surrounding resident areas. Outlets of smoke and ventilation pipes are not directed to the roads and surrounding projects. Minimum diameter of ventilation pipe is 160mm and outlet will be placed on rear of the projects, 1m far away from highest location of roof.
            (2) Air-conditioners if placed on the front is above 2.7m high and will not let out water to pavements, roads directly.

Article 12: Regulations on safety, environment sanitation during construction

1. Proper construction equipment shall be selected to avoid vibration, smoke, dust and noise to surrounding enterprises.
2. During construction, projects will be shielded to avoid dust, falling items and fume to surroundings.
3. Constructors have to arrange material yards and do not spill materials on pavements and roads, have to protect pavements in construction site.
4. Soils, sands and broken items arising from the construction will be delivered to concentrated places.
5. During operation of construction machinery and equipment, it is required to restrict noise which is not excessive noise limit in the resident areas.

Article 13: Urban beauty

1. Project fronts, advertising boards will not be made of materials with reflected light over 70%.
2. Mended architecture, temporary and rudimentary materials will not be applied.
3. Project exteriority will not be painted in black, dark colors and decorated any unbeautiful details.
4. Project fronts will not be used as drying ground.
5. Fences in front of the projects are tide, spacious and beautiful.
6. Recession will not be used for constructing any work except yard, flower garden, small scenery.

B. REGULATIONS ON PROCEDURES AND PROJECT CONSTRUCTION MANAGEMENT
 

Article 14: Construction permission

1. Authorization to granting construction permission in Da Deng the Industrial Park.
            (1) Based on Decree No. 24/2000/ND-CP of 31 July 2000 by the Government about regulating details of implementing the Law on Foreign Investment in Vietnam and Circular No. 16/2000/TT-BXD dated 11 December 2000 by Minister of Construction about directing construction management to foreign investment operations, management of oversea constructors, appointment of constructors and construction consultants in Vietnam.
            (2) Based on Decree No. 36/CP of 24 April 1997 by the Government about promulgating regulations of industrial parks, export processing zones and hi-tech parks.
            (3) Based on Circular No. 04-BXD/KTQH of 30 July 1997 by Ministry of Construction about guiding implementation of Decree No. 36/CP of 24 April 1997 by the Government about establishment, review and approval of master plans, management of planned construction, appraisal of technical engineering of investment projects in industrial parks, export processing zones and hi-tech parks.
            (4) The production enterprises that construct their projects in Da Deng the Industrial Park have to submit technical engineering to Binh Duong Construction Department for appraisal that will approved by Binh Duong Province People’s Committee.
2. Procedure sequence:
            (1) The owner shall provide regulations on construction management to the enterprises for awareness and compliance.
            (2) Legal documents:
                     a. Application for appraisal (form)
                     b. Investment license or business registration certificate.
                     c. Land use right certificate or land release contract in Vietnamese language.
                     d. Document for environment standard qualification
                     e. Document for fire prevention and fighting verification
                     f. Document for technical engineering verification
                     g. Geology survey report
                     h. Planning certificate or document for construction planning architecture agreement
                     i. Explanation on project structure
                     j. Business registration certificate of engineering, verification, topography and geology survey consultants and professional certificate of people being in charge of architecture, structure, electricity and water.
            (3) Technical engineering drawings
   (They have to be sealed by engineering, verification, fire prevention and fighting organizations).

Article 15: Granting project ownership right certificate (the construction completion permit)

1. Authorization
   People’s Committee of Binh Duong Province shall grant project ownership right certificate to each enterprise.
2. Procedure sequence:
   The enterprises shall comply with provisions of Decision No. 57/1998/QD-UB dated 2 May 1998 by People’s Committee of Binh Duong Province about temporarily promulgating procedure sequence on granting residing house ownership right and residing land use right certificate in urban areas in Binh Duong Province and Decision No. 85/2002/QD-UB dated 01 July 2002 by People’s Committee of Binh Duong Province about amendments and modifications of some articles of Decision No. 57/1998/QD-UB.
3. Documents required for granting the certificate:
            (1) Investment license or business registration certificate.
            (2) Land use right certificate or land release contract in Vietnamese language
            (3) Minutes of project construction completion check-over
            (4) Construction completion drawing (engineering drawing or new one could be present in case the construction is not in compliance with approved engineering).
            (5) Various receipts of tax payment.

Article 16: Assignments

1. The Industrial Park’s owner is responsible for:
            (1) Deploying the project 12 months at the latest since approval of the master plan. Ensuring infrastructure construction as planned and quality thereof.
            (2) Planting construction landmarks, checking over and examining construction completion.
            (3) Managing construction security in the Industrial Park in accordance with the regulations on construction management.
            (4) Temporarily suspending any illegal construction and reporting any violation to competent authorities for resettlement in accordance with legal regulations.
2. The enterprises are responsible for:
            (1) Constructing the projects 12 months at the latest after the lands are delivered.
            (2) Strictly complying with regulations on construction management.
            (3) Following up construction of their projects. Reporting any problem to the owner and local authorities for coordination and resettlement.
3. Engineering individuals and organizations in the Industrial Park:
            (1) Strictly complying with regulations on construction management.
            (2) Being aware of beauty, stability, utility and relation among the projects, infrastructure system and general sceneries of surrounding households.
4. Constructors are responsible for:
            (1) Strictly complying with regulations on construction management.
            (2) Constructing the projects in accordance with approved engineering documents.
            (3) Ensuring construction safety.
            (4) Keep environment clean, clean sites after construction.
5. State and local authorities are responsible for:
            (1) Facilitating the owner to deploy the project in accordance with legal regulations.
            (2) Making favorable conditions to the enterprises for construction in accordance with legal regulations and granting project ownership right certificate.
            (3) Periodically examining once for two weeks about construction in the Industrial Park. In case of violation, recording minutes and forcing the enterprises to suspend construction for resettlement by competent authorities.

C. REWARDING AND DISCIPLINE

Article 17: Reward and violation resettlement

1. For the owner
             (1) The good management owner will be reviewed on rewarding.
             (2) Any beautiful project will be put on newspapers, reviewed and selected to take part in architecture prize held once in two years by Vietnam Architects Association.
             (3) In case of noncompliance or intentional violation they will be penalized in accordance with Decree No. 48/CP of 5 May 1997.
2. For the enterprises
             (1) The good implementation enterprises will be reviewed on rewarding.
             (2) In case of deliberate violation they will be forced from construction suspension and subject to penalties in accordance with Decree No. 48/CP of 5 May 1997.
3. For engineering individuals, organizations
   Any beautiful project will be put on newspapers, reviewed and selected to take part in architecture prize held once in two years by Vietnam Architects Association
4. For constructors
   In case of intentional violation they will be warned, penalized or have their business license withdrawn with or without term and are subject to penalties in accordance with Decree No. 48/CP of 5 May 1997. In particular cases, they will be forced to recover situation as stipulated.

D. IMPLEMENTATION PROVISION

Article 18: Regulation propaganda and promulgation

1. The owner, Management Board of Binh Duong Urban-Industry-Service Complex Zone, Binh Duong Construction department are responsible for clarifying this regulation by publicly listing it and involved legal documents.
2. Provincial public media such as Binh Duong newspaper, Binh Duong radio and television stations are responsible for publicizing this regulation.

Article 19:
In other events or contrary to State’s current regulations, the latter will be applied.

Article 20: Effectiveness
This Regulation comes into effect 15 days after date of issuance.