To: Hung Thinh Corporation

The Ministry of Construction has received the official letter No. 178/CV-HT/2021 dated July 1, 2021 from Hung Thinh Corporation requesting guidance on the implementation of certain contents in the national technical regulation on Construction Planning QCVN 01:2021/BXD and the national technical regulation on Fire Safety for Buildings and Structures QCVN 06:2021/BXD. Regarding this matter, the Ministry of Construction responds as follows:

1. National technical regulation QCVN 01:2021/BXD on Construction Planning

1.1. Regarding the regulation in point 1.4.21 on Land Use Coefficient: “The ratio of the total floor area of the construction, including the basement floors (excluding the floor areas serving the technical systems, fire protection, emergency shelter, and parking of the construction) to the total area of the land plot.”. This regulation applies to all floors, including the roof of the construction.

1.2. Regarding the regulation in point 2.2 on Requirements for Residential Units, “… – For projects with a population scale of less than 4,000 people (for mountainous urban areas, less than 2,800 people), the arrangement of service – public facilities and public green spaces must comply with the higher-level planning. In addition, the green space index within the project area must ensure a minimum of 1m2/person and kindergartens must be arranged to sufficiently serve the project area: …”, the Ministry of Construction clarifies as follows:

• Point 1.4.15 has defined urban green space. Accordingly, public green space in urban areas is land for parks, flower gardens, playgrounds, ensuring accessibility for residents (point 2.2); restricted-use green space is planted within the premises of constructions, specialized parks managed and used by organizations and individuals (point 2.6.5). Therefore, these are two separate regulations. For example, point 2.6.5: If the construction density of a land plot is 60%, green space must be arranged according to regulations within the remaining 40% of the land. This is the land area within the premises managed and used by organizations and individuals.

For existing urban areas², in cases where the specific characteristics of the planned area make it impossible to supplement public green space areas to meet the regulations, the detailed planning and urban design schemes must propose supplementing green spaces and open spaces within the land plots and ensure accessibility and usability for all residents (point 2.7.3 – QCVN 01:2021/BXD).

• The construction of underground space within the project’s land premises must comply with the Construction Planning Schemes approved by competent state agencies, including the planning of underground construction. In case there is no underground planning in the project construction area, the underground construction design of the construction/project must be approved by the competent state agency to ensure future underground construction connections.

When conducting the design of underground construction, it is necessary to comply with the Government’s Decree No. 39/2010/ND-CP dated April 7, 2010 on the management of urban underground construction space and relevant legal documents.

• When implementing the construction planning scheme for residential units¹, kindergartens must be arranged to ensure a minimum index of 12 m2 of land / child (point 2.3.3 – QCVN 01:2021/BXD).

For existing urban areas², it is allowed to combine the arrangement of kindergartens/facilities on the 1st and 2nd floors of apartment buildings, but must ensure playgrounds, separate walkways serving students, and regulations on environmental safety and hygiene, fire protection according to the provisions of law and specialized regulations of the Ministry of Education and Training and the Ministry of Health (point 2.7.3 – QCVN 01:2021/BXD).

2. National technical regulation QCVN 06:2021/BXD on Fire Safety for Buildings and Structures

• Mixed-use apartment buildings are a form of mixed-use construction with a residential function. Mixed-use apartment buildings must simultaneously apply the requirements for mixed-use buildings and the requirements for apartment buildings.
• According to the regulation in point 1.4.26 (QCVN 06:2021/BXD), when implementing fire protection design requirements for constructions, the regulation divides constructions into two types: independent constructions and mixed-use constructions. Accordingly, the fire safety regulations for mixed-use buildings must be applied when the construction floor area used for any single function does not exceed 70% of the total construction floor area of the building (excluding floor areas used for technical systems, fire protection, emergency shelter, and parking); The fire safety regulations for independent buildings are applied when the construction floor area used for any single function exceeds 70% of the total construction floor area of the building. Accordingly, when an apartment building has other functions serving the construction that do not exceed 30% of the total construction floor area of the building (excluding floor areas used for technical systems, fire protection, emergency shelter, and parking), in accordance with the provisions of the housing law, the fire safety regulations for independent apartment buildings shall be applied.
• The national technical regulation QCVN 06:2021/BXD provides regulations for buildings belonging to the fire hazard group by function F1.3 (apartment buildings) with a fire protection height from over 75 m to 150 m in point A.3 (Appendix A). In addition to the specific regulations applied to the above-mentioned apartment buildings, mixed-use apartment buildings must also apply the general regulations in point A.2 (Appendix A) for mixed-use buildings. Accordingly, the distance between elevators will apply the requirement in point A2 (Appendix A).

The above is the response from the Ministry of Construction for Hung Thinh Corporation to be informed and implement in accordance with the provisions of law.

1 Residential Unit: “The basic functional area of the urban area mainly serving residential needs, including: residential building groups; service – public facilities, public green spaces serving the regular and daily needs of the residential community; traffic roads (from the zonal level to the residential group level) and parking lots for residential units.” (point 1.4.8 – QCVN 01:2021/BXD).

2 Existing urban areas must be specified in the general planning and zoning planning (point 2.7.1 – QCVN 01:2021/BXD).