Joint Circular No. 01/2004/TTLT/BXD-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting People's Committees in managing the construction sector at local levels.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the specialized agencies assisting the People's Committee to manage

the construction industry at the local level

___________________

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under district, town, city, and provincial-level People's Committees;

The Ministry of Construction and the Ministry of Home Affairs shall guide the functions, tasks, powers, and organizational structure of the specialized agencies assisting the People's Committees in performing their state management functions over the construction industry at the local level as follows:

I. SPECIALIZED AGENCIES ASSISTING THE PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE DIRECT SUPERVISION OF THE CENTRAL GOVERNMENT IN MANAGING THE CONSTRUCTION INDUSTRY

1. Position and Functions

1.1. The specialized agencies (hereinafter referred to collectively as Departments) are advisory bodies assisting the provincial People's Committees (hereinafter referred to collectively as provinces) in managing the construction industry at the local level, including:

Department of Construction in provinces and centrally-administered cities.

Department of Transport and Public Works in centrally-administered cities.

Department of Planning and Architecture in Hanoi City and Ho Chi Minh City.

1.2. The areas under the scope of state management of the construction industry at the local level include: construction; building materials; housing and public buildings; architecture, urban planning, rural residential area planning; urban technical infrastructure (sidewalks, urban roads, water supply, drainage, lighting, parks, green spaces, urban waste, cemeteries, parking lots within the city).

1.3. Specific functions of the Departments are as follows:

1.3.1. In Hanoi City and Ho Chi Minh City.

- The Department of Construction advises and assists the municipal People's Committee in managing the state in the fields of construction; building materials; housing and public buildings;

- The Department of Transport and Public Works advises and assists the municipal People's Committee in managing the state in the field of urban technical infrastructure;

- The Department of Planning and Architecture advises and assists the municipal People's Committee in managing the state in the fields of architecture, urban planning, and rural residential area planning;

1.3.2. In other centrally-administered cities.

- The Department of Construction advises and assists the municipal People's Committee in managing the state in the fields of construction; building materials; housing and public buildings; architecture, urban planning, and rural residential area planning;

- The Department of Transport and Public Works advises and assists the municipal People's Committee in managing the state in the field of urban technical infrastructure.

1.3.3. In the remaining provinces.

The Department of Construction advises and assists the provincial People's Committee in managing the state in the fields mentioned in Point 1.2 above.

1.4. The Departments are subject to organizational, staffing, and operational management by the provincial People's Committee, and are subject to professional guidance, direction, and inspection by the Ministry of Construction in the fields under the Ministry’s state management authority.

2. Tasks and Authorities

2.1. Submit decisions and directives of the provincial People's Committee on matters within the Departments' management jurisdiction in accordance with the law;

2.2. Propose plans for the development, long-term, five-year, and annual plans, programs, projects, and important construction works within the Departments' management jurisdiction that are consistent with the overall socio-economic development plan of the locality, regional planning, and national sectoral development plans; be responsible for implementing them after approval;

2.3. Guide, inspect, evaluate, and compile information on the implementation of regulatory legal documents, systems, policies, standards, economic-technical norms within the Departments' management jurisdiction in accordance with the law; disseminate information and educate the law in these fields;

2.4. On construction management:

2.4.1. Propose to the provincial People's Committee regulations on the division of responsibilities, delegation of authority, and authorization for investment construction management within the province's jurisdiction in accordance with the law;

Guide and inspect the implementation of the provincial People's Committee's decisions on the division of responsibilities, delegation of authority, and authorization for investment construction management;

2.4.2. Guide and inspect organizations and individuals in complying with laws on investment construction project management according to the division of responsibilities and assignments of the provincial People's Committee;

Be responsible for organizing the management of investment construction projects assigned by the provincial People's Committee;

Review and be responsible for the results of the review of basic design for investment construction projects assigned by the provincial People's Committee;

2.4.3. Guide and inspect tendering activities in construction (consultancy, construction, supervision) for construction projects within the province's jurisdiction in accordance with the law;

2.4.4. Propose to the provincial People's Committee regulations on the division of responsibilities for construction quality management within the province's jurisdiction;

Assist the provincial People's Committee in uniformly managing the state in construction quality in the locality;

Monitor, compile, and report on the management of construction quality by relevant ministries, sectors, organizations, and individuals investing in construction within the locality;

Organize the implementation of construction quality inspections and investigations of construction accidents in the locality according to the division of responsibilities and assignments of the provincial People's Committee;

2.4.5. Issue and revoke certificates and permits in accordance with the law; issue and revoke construction permits according to the provincial People's Committee's authorization; guide district and commune-level People's Committees in issuing and revoking construction permits within their jurisdiction;

2.4.6. Guide and inspect compliance with laws on conditions for construction business operations and professional qualifications; compile information on the capacity for construction business operations and professional qualifications of organizations and individuals participating in construction activities within the province;

2.4.7. Guide and organize the management, use, and storage of survey, design, and completion documentation for construction projects in the province in accordance with the law;

2.4.8. Propose to the provincial People's Committee the issuance of basic construction unit prices in the locality; announce prices of construction materials at the site;

Propose to the Ministry of Construction amendments, supplements, or permission to apply new or special economic-technical norms for construction projects within the province's jurisdiction;

2.5. On management of construction materials:

2.5.1. Submit to the Provincial People's Committee mechanisms and policies to encourage and develop construction materials industries;

2.5.2. Monitor and compile information on investment, exploitation, and production of construction materials by organizations and individuals within the province;

2.5.3. Guide and inspect the use of standard-compliant materials in construction projects under provincial management authority;

2.6. Regarding housing and office management:

2.6.1. Assist the Provincial People's Committee in uniformly managing state administration over housing and offices;

2.6.2. Guide, inspect, evaluate, and compile information on investment development, management, exploitation, and usage of housing and office funds within the province; guide the implementation of model designs, typical designs, warranty systems, and maintenance regimes for public service and office buildings of local agencies and organizations;

2.6.3. Organize the implementation of surveys and statistics on housing and office conditions, compile information on registration and transfer of ownership rights and management rights of housing and offices within the province;

2.6.4. Assist the Provincial People's Committee in implementing mechanisms and policies for housing market management and development;

2.7. Regarding architectural and urban planning management, rural residential area planning:

2.7.1. Submit to the Provincial People's Committee the division of responsibilities and delegation of authority for architectural and urban planning management, rural residential area planning, and other types of planning under local management authority;

2.7.2. Lead the review, submit to the Provincial People's Committee for approval within its authority, or prepare files for the Provincial People's Committee to submit to competent state agencies for approval of proposals for classification and recognition of city types, regional urban planning projects, urban planning projects, and other planning projects according to the law; be responsible for the results of reviews led by the Department;

Approve detailed planning projects according to the delegation of the Provincial People's Committee;

Guide and inspect the People's Committees at the county and commune levels in organizing the preparation, review, approval, and management of urban planning and rural residential area planning projects within their jurisdictions, ensuring consistency with approved overall planning;

2.7.3. Manage and be responsible for approved architectural and planning projects in the locality, including: organizing the announcement of approved planning projects; managing boundary markers, construction limits, and construction elevations; providing information on architecture and planning; introducing locations and reviewing architectural schemes for construction investment projects;

2.7.4. Guide and inspect the exploitation and use of land for urban and rural residential areas according to approved planning; assist the Provincial People's Committee in uniformly managing road traffic planning (including national highways, inter-provincial roads, inter-county roads, inter-commune roads, railways) according to the law;

2.7.5. Guide and inspect the implementation of legal provisions regarding the conditions for practicing as an architect and copyright for architectural works within the jurisdiction;

2.8. Regarding urban technical infrastructure management:

2.8.1. Submit to the Provincial People's Committee regulations on the delegation of authority for the management and operation of urban technical infrastructure projects under provincial management authority;

2.8.2. Submit to the Provincial People's Committee mechanisms and policies to mobilize resources, encourage, and promote socialization in the development, management, operation, exploitation, and provision of urban technical infrastructure services;

2.8.3. Guide, inspect, and compile information on the management of investment construction, operation, use, maintenance, repair, and renovation of urban technical infrastructure projects within the jurisdiction according to the assignment of the Provincial People's Committee;

2.8.4. Be responsible for tasks related to the management of investment construction of urban technical infrastructure projects according to the law and the assignment of the Provincial People's Committee;

2.8.5. Guide and inspect the implementation of urban sanitation and environmental protection within the jurisdiction;

2.8.6. Lead the review, submit to the Provincial People's Committee various unit prices, fees, and service charges for urban technical infrastructure according to the law;

2.9. Guide and inspect the activities of public service organizations under the Department's management; manage and direct the activities of affiliated public institutions;

2.10. Assist the Provincial People's Committee in state management over enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations operating in fields under the Department's management according to the law;

2.11. Organize research, application of scientific and technological advancements, environmental protection; implement international cooperation; establish information and archival systems for fields under the Department's management according to the law;

2.12. Assist the Provincial People's Committee in directing and guiding the People's Committees of counties, districts, towns, and cities directly under the province in performing state management tasks in the Construction sector;

2.13. Inspect and check the enforcement of laws, handle complaints, accusations, anti-corruption, and deal with violations of laws in fields under the Department's state management authority according to the law;

2.14. Report periodically every six months and annually, and report promptly on the implementation of assigned tasks to the Provincial People's Committee, the Ministry of Construction, and relevant authorities according to the law;

2.15. Manage organizational structure, staffing, cadres, civil servants, and employees according to the law and the delegation of the Provincial People's Committee; organize training and capacity building in specialized fields and human resource development in the Construction sector at the local level;

2.16. Manage finances and assets allocated and organize the implementation of the budget allocated according to the law and the delegation of the Provincial People's Committee;

2.17. Perform other tasks as assigned by the Provincial People's Committee.

3. Organization and Staffing

3.1. The organization of the Department includes:

- Director of the Department and Deputy Directors

- Organizations assisting the Director of the Department

- Affiliated public service units.

3.2. The Director of the Department is the head of the Department, responsible to the Provincial People's Committee for the activities of the Department. The Deputy Director of the Department assists the Director in managing one or several fields of work and is responsible to the Director for the tasks assigned according to the provisions of the Law. The number of Deputy Directors of the Department shall not exceed three persons.

The appointment, dismissal, and resignation of the Director and Deputy Director of the Department are decided by the Chairman of the Provincial People's Committee in accordance with the regulations of the Party and State on cadre management and professional standards issued by the Ministry of Construction.

Rewards and disciplinary actions for the Director and Deputy Director of the Department are carried out in accordance with the provisions of the law.

3.3. Organizations assisting the Director of the Department

3.3.1. Organizations assisting the Director of the Construction Department include:

Reviewing the notification of compliance and declaration of conformity with food safety regulations for fortified foods; health foods

- Inspectorate

- Specialized and professional departments.

The number of specialized functional departments of the Department shall not exceed five departments for provinces with urban areas up to type 3; not more than six departments for provinces with urban areas of type 2 and centrally governed cities.

3.3.2. Organizations assisting the Director of the Planning and Architecture Department.

- Office,

- Inspectorate;

- Specialized and professional departments.

The number of specialized and functional departments of the Department shall not exceed five departments.

3.3.3. For the Department of Transport and Public Works, in addition to organizations assisting the Director of the Department in performing general management and operational functions in the assigned fields, there are also specialized organizations helping the Director of the Department to perform state management tasks in the field of urban technical infrastructure.

3.3.4. The Director of the Construction Department (Department of Transport and Public Works, Department of Planning and Architecture) shall coordinate with the Director of the Civil Service Department to submit to the Provincial People's Committee for specific decisions on the structure of specialized and functional departments based on comprehensively covering the functions and responsibilities of the Department across all fields of work; avoiding overlapping tasks; being suitable to the nature, characteristics, and actual workload at the local level; ensuring simplicity in administrative procedures and convenience in handling matters for organizations and citizens.

3.4. Subordinate public service units of the Department.

Based on the specific characteristics, conditions, and requirements and tasks of state management in the construction sector at the local level, the Provincial People's Committee decides to establish subordinate public service units of the Department in accordance with the provisions of the law.

3.5. The Director of the Department shall detail the functions, tasks, and authorities of the organizations under the Department in accordance with the provisions of the law.

3.6. The staffing of the Department is decided by the Provincial People's Committee based on the proposal of the Director of the Department and the Director of the Civil Service Department. The allocation of cadres, civil servants, and officials of the Department must be based on professional titles, qualification levels of civil servants and officials as stipulated by the law.

II. SPECIALIZED ORGANIZATIONS ASSISTING THE PEOPLE'S COMMITTEE OF DISTRICTS, COUNTIES, TOWNS, AND PROVINCE-GOVERNED CITIES (COLLECTIVELY REFERRED TO AS THE DISTRICT LEVEL) IN STATE MANAGEMENT OF THE CONSTRUCTION SECTOR

1. Tasks

1.1. Develop and implement five-year plans, annual plans; investment construction programs, development of building materials, housing, urban technical infrastructure, residential areas assigned by the District People's Committee;

1.2. Guide the implementation of normative legal documents, mechanisms, policies, disseminate information, and educate the law in the fields managed by the construction sector;

1.3. Submit to the District People's Committee urban planning projects, rural residential area planning projects, and building material planning projects;

1.4. Guide and inspect the construction of projects according to approved urban planning and relevant laws on architectural management and planning; provide information on architecture, urban planning, and manage boundary markers, construction boundaries, and construction elevations within their jurisdiction according to the分级授权体系；协助区级人民委员会处理违反建筑法和城市管理规定的行为，并向区级人民委员会报告或向有权限的机关报告；

1.5. 监督、检查和评估城市基础设施和农村居民点的技术管理、开发和使用情况，按照省人民委员会的任务分工和授权进行；

1.6. 组织实施关于住房与办公场所的机制和政策；按照省人民委员会的任务分工和授权，在辖区内管理住房基金和办公场所的使用权；

进行住房、办公场所现状调查统计，汇总辖区内住房所有权登记、转让情况及办公场所管理使用情况；

1.7. 协助并就区级人民委员会分配的任务负责，执行省人民委员会分配的城市建设投资管理任务；

1.8. 管理和保存由区级人民委员会管辖范围内的工程勘察设计文件和竣工验收文件，按照法律规定；

1.9. 协助区级人民委员会指导乡级人民委员会执行建设行政管理任务；

1.10. 定期和不定期地向区级人民委员会、建设厅和交通厅（如有）报告所分配任务的执行情况；

2. 组织和编制

专门负责协助区级人民委员会管理建设行业的职能部门应配备专业人员编制，指定部门负责人或副负责人负责建设管理工作；

建设厅牵头会同人事厅制定方案，报省人民委员会批准确定区级建设行业管理组织模式，符合地方特点、实际情况和建设行业管理要求。

III. 乡级人民委员会在建设行政管理方面的职责和权限

乡级人民委员会（统称乡）在建设行政管理方面在其辖区内的职责和权限如下：

The People's Committee of villages, wards, and towns (collectively referred to as villages) has the following duties and powers in state management of the construction sector within their jurisdictions:

1. Propaganda and disseminate construction sector regulatory legal documents to the people within the commune;

2. Organize the implementation of construction sector regulatory legal documents within the scope of authority;

3. Organize the planning of construction for rural residential areas, submit to the competent authority for approval;

4. Manage boundary markers, construction limits, and construction order on the territory according to approved construction plans; handle or submit to the competent authority for handling violations of construction laws and urban management; carry out mediation and resolution of complaints and disputes arising from construction activities in accordance with the law;

5. Organize the construction, renovation, maintenance, and upkeep of works within the commune in accordance with the law and the delegation of the Provincial People's Committee and the District People's Committee;

6. Manage and store survey, design, and completion documentation files of construction projects under the commune's jurisdiction;

7. Issue and revoke construction permits for individual houses in rural residential areas in accordance with the law; confirm documentation for the competent authority to register ownership rights of houses within the commune in accordance with the law;

8. Summarize and report periodically and urgently to the District People's Committee on the situation of construction activities within the commune;

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular Joint No. 1012/TT-LB dated December 25, 1996; Joint Circular No. 702/1997/TTLT-BXD-BTCCBCP dated October 25, 1997 of the Ministry of Construction - Government Civil Service Organization Department (now the Ministry of Home Affairs). All previous regulations and guidelines that differ from this Circular are abolished;

2. The People's Committees of provinces and centrally governed cities shall base this Circular to detail the functions, tasks, powers, and organizational structure and staffing of the Construction Departments, Planning and Architecture Departments, Transportation and Public Works Departments; construction management agencies at the district level, and the tasks and powers of the Commune People's Committees;

3. During implementation, if any issues arise or difficulties occur, they should be promptly reported to the Ministry of Construction and the Ministry of Home Affairs for study and resolution.