Directive No. 02/2007/CT-BXD of the Ministry of Construction aims to promote the issuance of construction permits and strengthen the management of construction order. This directive applies to the People's Committees of provinces and centrally governed cities, construction permit issuing authorities (Department of Construction, District People's Committee, Commune People's Committee), construction project investors, construction contractors, construction inspection agencies at all levels, and other relevant agencies. The highlight is the review of regulations on issuing construction permits, strengthening inspections, and handling violations.
Scope of application
People's Committees of provinces and centrally governed cities; Construction permit issuing authorities (Department of Construction, District People's Committee, Commune People's Committee); Construction project investors; Construction contractors; Construction inspection agencies at all levels; Other relevant agencies.
Key points
- People's Committees of provinces and centrally governed cities → review and revoke regulations contrary to the law regarding construction permits; direct inspection, supervision, and handling of construction order violations.
- Construction permit issuing authorities (Department of Construction, District People's Committee, Commune People's Committee) → comply with legal provisions, post procedures, streamline administrative processes; send copies of construction permits to Commune People's Committees; conduct regular inspections to handle violations.
- Construction project investors → must meet the conditions stipulated by the Construction Law; notify the start date of construction; construct according to the contents of the permit and display public notices.
- Construction contractors → must implement safety measures for the construction site and surrounding areas; construct according to the issued permit and contracts signed with investors.
- Construction inspection agencies at all levels → consolidate organizations, intensify inspection activities, and promptly handle construction order violations.
🌐 Social impact of this document
- Positive impact: Reduce inconvenience for citizens and businesses in obtaining construction permits; enhance construction order management, protect urban environments.
- Negative impact: May cause difficulties for localities in implementing new regulations; time needed for training and enhancing the capacity of law enforcement officials.
❓ Frequently asked questions
Which agency is responsible for reviewing and revoking regulations contrary to the law regarding construction permits?
People's Committees of provinces and centrally governed cities are responsible for reviewing and revoking regulations contrary to the law regarding construction permits as directed by the Ministry of Construction.
Which agency is responsible for providing professional guidance and training for construction management staff?
Departments of Construction are responsible for providing professional guidance and training for construction management staff at district and commune levels regarding construction permits.
How must construction project investors notify the start date of construction?
Construction project investors must notify in writing the Commune People's Committee where the construction project is located seven working days before starting construction.
What safety measures must construction contractors implement?
Contractors must ensure safety for the construction project and adjacent projects, as well as implement safety and environmental protection measures for the construction site and surrounding areas. Urban construction projects must be enclosed to protect the environment and urban aesthetics.
Which agency is responsible for consolidating organizations and enhancing material resources for construction inspection?
Construction inspection agencies at all levels are responsible for consolidating organizations and enhancing material resources to effectively perform their assigned functions and tasks.
Full text
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MINISTRY OF CONSTRUCTION ________ |
SOCIALIST REPUBLIC OF VIETNAM _____________ |
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Number: 02/2007/CT-BXD |
Hanoi, February 7, 2007 |
DIRECTIVE
Number 02/2007/CT-BXD of the Ministry of Construction on accelerating the issuance of construction permits and strengthening the management of construction order
permit for construction and strengthening management of construction order
_______________________________
In recent times, implementing the Party's and Government's policy of administrative reform, the Ministry of Construction and localities have promptly issued regulations on issuing construction permits and managing urban construction order towards decentralization to grassroots levels; publicizing and simplifying procedures for obtaining construction permits; specifying time limits for permit issuance; responsibilities of agencies and individuals directly involved in issuing construction permits as well as enhancing inspection, supervision, and timely handling of violations of construction order; some localities have implemented temporary construction permits and construction permits for rural houses. As a result, the issuance of construction permits has been accelerated, with the number of permits issued each year increasing compared to the previous year.
Alongside these achievements, there remain issues in the issuance of construction permits and management of construction order, including some localities imposing additional procedures beyond legal requirements; delayed implementation of permit issuance work; lax oversight of construction according to permits and management of construction order, with untimely and lenient handling of violations; illegal construction without permits or exceeding permitted limits continues to occur and is increasing both in quantity and scale, affecting urban landscapes and environments, and even causing serious incidents resulting in loss of life and property, causing public concern.
To address these issues and further accelerate the issuance of construction permits and strengthen the management of construction order in accordance with legal provisions, the Minister of Construction requests:
1. People's Committees of provinces and centrally-administered cities
Direct relevant specialized agencies and People's Committees at all levels to immediately implement the following tasks:
a. Regarding planning for construction:
- Invest resources to accelerate the preparation of construction plans, particularly detailed urban construction plans, ensuring that construction planning precedes actual construction by one step as a basis for issuing construction permits.
- Publicize and disclose detailed urban construction plans so that the public can be informed, follow, and supervise the implementation of construction according to the plan.
b. Regarding issuance of construction permits:
- Review regulations on issuing construction permits within their jurisdiction in accordance with the Construction Law and guiding documents, abolishing any provisions contrary to the law that cause inconvenience to those seeking permits.
- Direct competent authorities to take measures to resolve difficulties and obstacles, and reduce inconvenience in confirming legal land documents to facilitate the rapid issuance of construction permits.
- Organize and reinforce staff, increase personnel with sufficient capability and moral integrity to handle construction permit issuance, construction inspection, and construction order management; clearly defining the powers and responsibilities of permit-issuing agencies, inspection agencies, and People's Committees at various levels in inspecting, supervising, and handling violations of unauthorized and non-compliant construction projects, including those exempt from construction permits. Firmly deal with construction violations within their authority or refer to higher authorities for handling when such violations are discovered during inspections and checks.
c. Issue coordination regulations among related agencies in issuing construction permits, conducting construction inspections, and managing construction order to ensure effective local construction management.
2. Agencies issuing construction permits (Department of Construction, District and Commune People's Committees)
a. Adhere strictly to legal provisions on issuing construction permits, not causing inconvenience or harassment to those seeking permits.
b. Publicly post procedures and processes for issuing construction permits at the permit issuance location; implement administrative reforms in receiving applications and delivering results through a single window mechanism. When it is necessary to clarify information related to other agencies to serve the issuance of construction permits but which does not fall under the responsibility of the applicant, the permit-issuing agency shall seek opinions from those agencies.
c. Send copies of issued construction permits to the Commune People's Committee where the construction project is located for inspection, monitoring, and management of construction activities.
d. Conduct regular inspections to promptly address violations in unauthorized and non-compliant construction projects, including cases where the design differs from the approved basic design for construction projects exempt from permits in urban areas.
đ. Organize and reinforce staff, invest in physical facilities to support construction permit issuance and construction order inspection work; provide professional knowledge and legal training for staff performing these tasks. Firmly deal with staff violating construction permit issuance regulations; replace staff lacking moral integrity or showing negative behavior in issuing construction permits.
e. The Department of Construction is responsible for:
- Providing professional guidance to district and commune construction management staff on construction permit issuance and strengthening supervision of this work.
- Guiding investors and contractors to strictly comply with the requirement to display signs at construction sites as stipulated in Article 74 of the Construction Law. The sign must contain all information specified in the construction permit regarding the area of construction, number of floors, maximum height of the entire building, and a perspective drawing of the building.
3. Investors in construction projects
Investors in construction projects must fulfill the following requirements:
a. Construction may only commence when all conditions as stipulated in Article 72 of the Construction Law are met (having construction land; having a construction permit for projects requiring such permits; having construction design drawings that have been approved; having measures to ensure safety and environmental hygiene; having a construction contract; having sufficient funds to implement according to the schedule).
b. Must notify the People's Committee of the commune where the construction project is located in writing about the commencement date of the construction project at least seven working days before commencing construction.
c. Must construct in accordance with the contents of the issued construction permit.
d. Must display a signboard publicly displaying information about the permitted construction project on the construction site as prescribed.
4. Contractors undertaking construction projects
a. May only commence construction when all commencement conditions as prescribed are met.
b. Must construct in accordance with the issued permit and the contract signed with the project owner.
c. Must take measures to ensure safety for the construction project and adjacent projects.
d. Must take measures to ensure safety and environmental hygiene for the construction site and surrounding areas. Construction projects within urban areas must be fully enclosed to ensure environmental protection and urban aesthetics.
5. Construction inspection agencies at all levels
a. Strengthen organization to ensure adequate quantity and quality, and enhance material resources to effectively perform assigned functions and tasks.
b. Vigorously carry out inspections, promptly and thoroughly address violations related to unauthorized or improperly authorized construction projects.
c. Closely coordinate with People's Committees at all levels in inspection, supervision, and handling of violations to maintain order and discipline in construction activities.
6. Other relevant agencies
a. The Science and Technology Department of the Ministry of Construction shall organize research and review construction standards and specifications to propose adjustments, amendments, and supplements to align with actual circumstances and specific conditions of each locality and characteristics of each region.
b. The Construction Cadre Training Institute shall cooperate with provincial Construction Departments to organize specialized training courses for cadres involved in issuing construction permits and conducting construction inspections in localities.
c. Organizations and individuals shall play a supervisory role and promptly report any violations of laws concerning the issuance of construction permits, construction work, and urban construction management to competent authorities for timely prevention and handling.
The Installation Department of the Ministry of Construction shall act as the focal point assisting the Minister of Construction in overseeing and inspecting the implementation of this Directive.
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Place of Receipt: |
THE MINISTER |
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