Joint Circular No. 01/2004/TTLT-BXD-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee to manage the construction sector at the local level.

JOINT CIRCULAR

Guidelines for the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing the construction sector 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 issue guidelines for the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committees in managing the construction sector at the local level as follows:

I. Specialized Agencies Assisting the People's Committee of Provinces and Central Cities in Managing the Construction Sector

1. Position and Functions

1.1. These specialized agencies (hereinafter referred to collectively as Departments) are advisory bodies assisting the People's Committee of provinces and central cities (hereinafter referred to collectively as provinces) in managing the construction sector at the local level, including:

Department of Construction in provinces and central cities.

Department of Transport and Public Works in central cities.

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

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

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 People's Committee of the city in managing the construction sector in the fields of construction; building materials; housing and public buildings;

The Department of Transport and Public Works advises and assists the People's Committee of the city in managing the construction sector in the field of urban technical infrastructure;

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

1.3.2. In other central cities.

The Department of Construction advises and assists the People's Committee of the city in managing the construction sector 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 People's Committee of the city in managing the construction sector in the field of urban technical infrastructure.

1.3.3. In remaining provinces.

The Department of Construction advises and assists the People's Committee of the province in managing the construction sector in the fields mentioned in Clause 1.2 above.

1.4. The Departments are subject to organizational, staffing, and operational management by the People's Committee of the province, and are directed, guided, and inspected on professional matters by the Ministry of Construction in the fields under the Ministry’s jurisdiction.

2. Tasks and Authorities

2.1. Submit decisions and directives to the People's Committee of the province regarding the fields managed by the Departments 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 in the fields managed by the Departments that are consistent with the overall socio-economic development plan of the locality, regional planning, and national industry 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, and economic-technical norms in the fields managed by the Departments in accordance with the law; disseminate information and educate about laws in these fields;;

2.4. Regarding construction management:

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

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

2.4.2. Guide and inspect organizations and individuals in complying with laws on investment and construction projects according to the division of responsibilities and delegation of the People's Committee of the province;  construction works according to分级和分工  Be responsible for organizing the management of construction projects assigned by the People's Committee of the province;

Review and be responsible for the results of preliminary design reviews of construction projects assigned by the People's Committee of the province;  investment projects for construction works assigned by the Provincial People's Committee;

Reviewing and being responsible for the review results  basic design of the  investment projects  construction works assigned by the Provincial People's Committee;

2.4.3. Guide and inspect tendering activities in construction (consultancy, construction, supervision) for construction projects under the provincial jurisdiction in accordance with the law;

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

Assist the People's Committee of the province in uniformly managing the construction quality of the locality;

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

Organize the implementation of construction quality inspections and investigations of construction accidents within the province according to the division of responsibilities and delegation of the People's Committee of the province;

2.4.5. Issue and revoke certificates and permits in accordance with the law; issue and revoke construction permits delegated by the People's Committee of the province; guide district and commune People's Committees in issuing and revoking construction permits within their jurisdictions;

2.4.6. Guide and inspect compliance with laws on construction business capacity and professional qualifications; compile information on the capacity and qualifications of organizations and individuals involved 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 People's Committee of the province the issuance of basic construction unit prices locally; 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 under the provincial jurisdiction;

2.5. On construction materials management:

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

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 jurisdiction;

2.6. On 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 use 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 organizing the implementation of mechanisms and policies for housing market management and development;

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

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

2.7.2. Take the lead in reviewing and submitting 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 schemes, urban planning schemes, and other planning schemes according to the law; be responsible for the results of reviews conducted by the Department;

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

Guide and inspect county and commune people's committees in organizing the preparation, review, approval, and management of urban planning and rural residential area planning schemes within their jurisdictions, ensuring consistency with approved overall planning schemes;

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

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

2.7.5. Guide and inspect the implementation of laws regarding the conditions for practicing as an architect and copyright for architectural works within the province;  and copyright for architectural works on the territory;

2.8. On urban technical infrastructure management:

2.8.1. Submit to the Provincial People's Committee regulations on the division of responsibilities for managing and operating urban technical infrastructure under provincial jurisdiction;

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

2.8.3. Guide, inspect, and compile information on investment construction, exploitation, use, maintenance, repair, and renovation of urban technical infrastructure projects within the province according to the division of labor by the Provincial People's Committee;

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

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

2.8.6. Take the lead in reviewing and submitting 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 operations of affiliated public institutions;

2.10. Assist the Provincial People's Committee in managing state enterprises, collective economic organizations, and private enterprises, associations and non-governmental organizations operating in the fields managed by the Department 2.11. Organize research, application of scientific and technological advancements, environmental protection; implement international cooperation; establish information and archival systems about the fields managed by the Department according to the law; according to the provisions of the law;

2.12. Assist the Provincial People's Committee in directing and guiding district, town, and city people's committees under the province to perform state management tasks in the Construction sector;

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

2.14. Report periodically every six months and annually, as well as ad hoc reports 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 public officials according to the law and the division of labor by the Provincial People's Committee; organize training and capacity building in professional skills and human resource development in the Construction sector at the local level;

2.16. Manage financial resources and assets allocated and organize the implementation of the budget allocated according to the law and the division of labor by the Provincial People's Committee;;

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

The organization of the Department includes:

3. Organization and Staffing

The Director of the Department and Deputy Directors,

Organizations assisting the Director of the Department,

Affiliated public institutions.

Affiliated units.

3.2. The Director of the Department is the head of the Department, responsible to the People's Committee of the province 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 assigned tasks in accordance with 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 People's Committee of the province in accordance with the regulations of the Party and the 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:

Office,

Inspectorate,

Specialized and professional departments.

The number of specialized and professional 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-administered 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 professional 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 People's Committee of the province for specific decisions on the structure of specialized and professional departments based on comprehensively covering the functions and responsibilities of the Department in various 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 specific characteristics, circumstances, and requirements and tasks of state management in the construction sector at the local level, the People's Committee of the province decides to establish subordinate public service units of the Department in accordance with the provisions of the law.

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

3.6. The establishment of the Department's staff is decided by the People's Committee of the province 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 according to the provisions of the law.

II. Specialized agencies assisting the People's Committee of the district, town, city directly under the province (collectively referred to as the district level) in managing the construction sector.

1.1. To develop and implement five-year plans, annual plans; investment programs, projects for the development of construction materials, housing, urban technical infrastructure, residential areas assigned by the People's Committee at the district level;

1. Tasks

1.2. To guide the implementation of regulatory legal documents, mechanisms, and policies; to disseminate information and educate the law in the fields managed by the construction sector;

1.3. To submit to the People's Committee at the district level urban planning schemes, rural residential area planning schemes; construction material planning schemes;

1.4. To guide and inspect the construction of works in accordance with approved urban planning schemes and legal provisions on architectural management, planning; provide information on architecture, urban planning, boundary markers, construction boundaries, construction levels on the territory according to the分级回复每个段落的翻译结果，确保格式正确无误。由于内容较多，我将分批次提供翻译结果，请确认这种处理方式是否符合您的要求。如果可以，请指示我继续进行翻译。

1.4. Guide and inspect the construction of works according to approved urban planning and relevant laws on  architectural management, planning; provide information on architecture, urban planning, boundary markers, construction boundaries, construction levels on the territory according to分级

1.5. Assist the District People's Committee in issuing construction permits and inspecting construction activities according to permits on the territory according to the division and分级of the Provincial People's Committee; detect, report to the District People's Committee for handling or refer to competent authorities for handling violations of laws in construction and urban management as stipulated by law;

1.6. Monitor, inspect, and evaluate the management, exploitation, and use of urban technical infrastructure works and rural residential points on the territory according to the division and分级of the Provincial People's Committee;

1.7. Assist the District People's Committee in implementing mechanisms and policies on housing and public offices; manage the housing fund and the right to manage and use public offices on the territory according to the分级of the  Provincial People's Committee;

Organize investigations and statistics on the current status of housing and public offices; compile the situation of registration, transfer of ownership rights of housing and the right to manage and use public offices on the territory;

1.8. Assist and be accountable to the District People's Committee for tasks related to construction project management according to the division and分级of the Provincial People's Committee;

1.9. Manage and store survey, design, and completion files of construction works under the jurisdiction of the District People's Committee  in accordance with the law;

1.10. Assist the District People's Committee in directing and guiding the Commune People's Committees in performing state management tasks in the Construction sector;

1.11. Compile and report periodically and urgently to the District People's Committee, the Department of Construction, and the Department of Transport and Public Works, the Department of Planning and Architecture (if applicable) on the implementation of assigned tasks in the Construction sector.

2. Organization and staffing

Professional departments responsible for assisting the District People's Committee in state management of the Construction sector shall have staff members specialized in construction management; assign the department head or an assistant department head to oversee construction management work.

The Department of Construction shall take the lead in coordinating with the Department of Personnel Affairs to develop a plan for the organizational model of the Construction sector at the district level, in compliance with the law, suitable to local characteristics, conditions, and requirements of Construction sector management.     

III. Tasks and Authorities of Village, Ward, Town People's Committees in State Management of the Construction Sector

Village, Ward, Town People's Committees (collectively referred to as village committees) have the following tasks and authorities in state management of the Construction sector within their respective villages:

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 preparation of construction planning for rural residential areas;  4. Manage boundary markers, construction boundaries, and construction order on the commune's territory according to approved construction plans; handle or refer to competent authorities to handle 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 implementation of 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 and design files; completion files of construction projects under the commune's jurisdiction;

Issue and revoke construction permits for individual houses in rural residential areas in accordance with the law; confirm files for competent authorities to implement registration of ownership rights over 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; 1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Joint Circular 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 - Civil Service Personnel Department (now the Ministry of Home Affairs). All previous regulations and guidelines that differ from this Circular are hereby abolished;

IV. Implementation Organization

2. Provincial and centrally-administered city People's Committees shall base on 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; the tasks and powers of the commune-level People's Committees;  Joint Resolutions, Circulars  3. During the implementation process, 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.  of the Ministry of Construction - Civil Service Administration (now the Ministry of Home Affairs). Previous regulations and guidelines inconsistent with this Circular are abolished.

2. Provincial and centrally-administered city people's committees shall, based on this Circular, specify in detail the functions, tasks, authorities, and organization and staffing of the Department of Construction, the Department of Planning and Architecture, the Department of Transport and Public Works; construction management agencies at the district level; and the tasks and authorities of village people's committees.

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