Circular No. 02/2019/TT-BXD provides detailed guidance on periodic reporting systems; amends, supplements, and replaces certain provisions of related Circulars under the management of the Ministry of Construction.

CIRCULAR

Detailed guidance on the regular reporting system; amending, supplementing, and replacing certain articles of Circulars related to the regular reporting system within the scope of management under the Ministry of Construction.

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Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

          Pursuant to Decree No.09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies;

At the proposal of the Director of the Office of the Ministry;

The Minister of Construction issues this Circular Detailed guidance on the regular reporting system; amending, supplementing, and replacing certain articles of Circulars related to the regular reporting system within the scope of management under the Ministry of Construction.

Article 1. Methods of sending and receiving reports; time for finalizing data, deadlines for submitting regular reports

1. Methods of sending and receiving reports

a) In cases where there is specialized software for reporting, the method of sending and receiving reports shall be conducted through the specialized software system;

b) In other cases, the report shall be presented in paper form and sent via direct delivery, fax, postal service; simultaneously, an electronic version of the report shall be sent to the email address of the receiving agency.

2. The time for finalizing data in the regular reporting system shall be implemented according to Article 12 of Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies.

3. Deadlines for submitting regular reports

a) Monthly regular reports: from the 16th to the 25th of the month covered by the report;

b) Quarterly regular reports: from the 16th to the 25th of the last month of the quarter covered by the report;

c) Regular reports for the first six months and the last six months of the year: from June 16 to June 25 and from December 16 to December 25 of the reporting period;

d) Annual regular reports: from December 16 to December 25 of the reporting period.

4. For complex reports that require consolidation through multiple intermediate agencies, the deadlines for submitting regular reports are as follows:

a) The deadline for People's Committee at the commune level to submit regular reports to the People's Committee at the district level and the Department of Construction is no later than the 16th of the last month of the reporting period;

b) The deadline for People's Committee at the district level to submit regular reports to the Department of Construction and the People's Committee at the provincial level is no later than the 18th of the last month of the reporting period;

c) The deadline for specialized Departments managing construction projects, the Department of Construction, the People's Committee at the provincial level, and relevant ministries and sectors to submit regular reports to the Ministry of Construction is no later than the 20th of the last month of the reporting period.

Article 2. Reports on the operation of Project Management Boards

The reporting system on the operation of Project Management Boards, as prescribed in Clause 2, Article 18 of Circular No. 16/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction guiding the implementation of certain provisions of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government regarding the organizational forms of project management for investment construction projects, shall be carried out as follows:

1. Not later than December 20 each year, ministries, sectors, localities, economic groups, state-owned corporations shall report to the Ministry of Construction on the operation status of project management boards under their jurisdiction.

2. Content of the report: General assessment of the operation status of project management boards; difficulties, obstacles, and recommendations; data to be reported according to Model No. 01 attached to this Circular.

Article 3. Report on the situation of quality management, labor safety, and judicial appraisal in the construction sector

The reporting system on the situation of quality management, labor safety, and judicial appraisal in the construction sector as prescribed in Circular No. 26/2016/TT-BXD dated October 26, 2016 of the Ministry of Construction detailing certain contents regarding quality management and maintenance of construction works, Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Ministry of Construction on labor safety management during construction work, and Circular No. 04/2014/TT-BXD dated April 22, 2014 of the Ministry of Construction guiding certain contents on judicial appraisal in investment and construction activities shall be implemented as follows:

1. By the latest on December 20 each year, specialized construction management ministries, the Ministry of National Defense, and the Ministry of Public Security shall report on the situation of quality management and labor safety during construction; provincial People's Committees shall report on the situation of quality management, labor safety, and judicial appraisal in the construction sector within their jurisdiction.

2. The content of the report shall follow Model No. 02 attached to this Circular.

Article 4. Report on the situation of urban green tree management

The reporting system on the situation of urban green tree management as prescribed in Clause 5, Article 22, and Clause 4, Article 23 of Decree No. 64/2010/NĐ-CP dated June 11, 2010 of the Government on Urban Green Tree Management shall be implemented as follows:

1. By the latest on December 16 each year, district People's Committees shall report to the Department of Construction about the situation of urban green tree management under their jurisdiction; by the latest on December 20 each year, the Department of Construction shall report to the provincial People's Committee and the Ministry of Construction about the situation of urban green tree management in the province.

2. The content of the report shall follow Model No. 03 attached to this Circular.

Article 5. Report on the situation of establishment and management of underground infrastructure database

The reporting system on the situation of establishment and management of underground infrastructure database as prescribed in Clause 2 and Clause 3 of Circular No. 11/2010/TT-BXD dated August 17, 2010 of the Ministry of Construction guiding the management of underground infrastructure databases shall be implemented as follows:

1. By the latest on December 16 each year, city and town People's Committees under provinces shall report to the Department of Construction about the situation of establishment and management of underground infrastructure database. The report shall include the following main contents:

a) The situation of establishing and organizing the implementation of annual plans for collecting, surveying, and investigating underground infrastructure data according to the classification on the managed territory;

b) Summary of the underground infrastructure database according to the classification on the managed territory as stipulated in Clause 1, Clause 2, and Clause 3 of Article 2 of Circular No. 11/2010/TT-BXD dated August 17, 2010 of the Ministry of Construction guiding the management of underground infrastructure databases;

c) Management and utilization work of the underground infrastructure database according to the classified management;

d) The situation of implementing the undergrounding of overhead power lines and cables on the managed territory;

đ) Difficulties and issues in managing and utilizing the database on the managed territory and proposed solutions to address them.

2. By the latest on December 20 each year, Departments of Construction under provincial People's Committees shall report to the Ministry of Construction about the situation of establishment and management of underground infrastructure database. The report shall include the following main contents:

a) The situation of issuing regulations on management, classified management of databases, and provision of underground infrastructure data in cities under the province;

b) The situation of establishing and organizing the implementation of annual plans for collecting, surveying, and investigating underground infrastructure data in cities under the province;

c) The situation of establishing and implementing plans for undergrounding overhead power lines and cables in cities under the province;

d) Guidance and inspection work on the implementation of regulations on management and classified management of underground infrastructure databases;

đ) Organization of storage and utilization of underground infrastructure database files according to classified management and relevant laws on archives;

e) Difficulties and issues in managing and utilizing the underground infrastructure database of cities under the province and proposed solutions to address them.

Article 6. Report on the situation of construction, management, and use of cemeteries and crematoria

The reporting system on the situation of construction, management, and use of cemeteries and crematoria as stipulated in Clause 4, Article 31 of Decree No. 23/2016/NĐ-CP dated April 5, 2016 of the Government on Construction, Management, and Use of Cemeteries and Crematoria shall be implemented as follows:

1. By the latest on December 20 each year, the People's Committee of the province shall report to the Ministry of Construction on the situation of construction, management, and use of cemeteries and crematoria within its jurisdiction.

2. The report shall include the following main contents:

a) Regarding planning work, the implementation of investment in construction, renovation, closure, and relocation of cemeteries according to the plan; management and use of cemeteries and crematoria; management of costs and service fees for cemeteries and cremation services;

b) Current cemetery land area (ha) / planned area (ha); cremation rate (%); number of crematoria, number of cremation furnaces;

c) Regulations on cemetery and crematorium management; policies to support and encourage the use of cremation methods in the locality (if any);

d) Difficulties and obstacles in cemetery and crematorium management and proposed solutions to address them.

Article 7. Report on the situation of management and operation of urban public lighting systems

The reporting system on the situation of management and operation of urban public lighting systems as stipulated in Clause 2, Article 24 of Decree No. 79/2009/NĐ-CP dated September 28, 2009 of the Government on Urban Lighting Management shall be implemented as follows:

1. By the latest on December 16 each year, the entity responsible for managing and operating urban public lighting systems shall submit a report on the situation of management and operation of urban public lighting systems to the urban authority and the specialized agency responsible for managing and operating public lighting facilities.

2. The report shall include the following main contents:

a) Investment development plan for urban public lighting systems according to the approved urban planning or urban lighting planning;

b) Situation of establishing and implementing the annual plan for new construction, replacement, renovation, and maintenance of urban public lighting systems;

c) Implementation of the transition to and use of high-efficiency, energy-saving lighting products on the local area;

d) Current status of the number of lamps in use by type of light source (LED, Sodium, high-pressure mercury ...);

đ) Current status of the length of urban roads illuminated (from district-level roads upwards);

e) Current status of the length of residential area roads, alleys illuminated.

Article 8. Report on the situation of management and use of state-owned housing by the entity responsible for managing and operating housing

The reporting system on the situation of management and use of state-owned housing by the entity responsible for managing and operating housing as stipulated in Point a, Clause 1; Clause 2, Article 47 of Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of the Law on Housing shall be implemented as follows:

By the latest on December 16 each year, the entity responsible for managing and operating housing shall report to the housing management agency on the situation of management and use of state-owned housing according to Model No. 04 attached to this Circular.

Article 9. Report on the management of real estate brokerage activities and real estate trading floors

The reporting system on the management of real estate brokerage activities and real estate trading floors as stipulated in Circular No. 11/2015/TT-BXD dated December 30, 2015 of the Ministry of Construction regarding the issuance of real estate brokerage practice certificates; guiding the training and upgrading of knowledge for real estate brokers and the management of real estate trading floors; the establishment and operation of real estate trading floors shall be implemented as follows:

By no later than December 20 each year, the Department of Construction shall report to the Ministry of Construction on the situation of issuing real estate brokerage practice certificates; the situation of training and upgrading knowledge on real estate brokerage and the management and operation of real estate trading floors according to Model No. 05 attached to this Circular.

Article 10. Report on activities in the construction materials sector

1. By no later than December 20 each year, the People's Committee of the province shall report to the Ministry of Construction on activities in the construction materials sector, including the following contents:

a) The implementation of planning for various types of construction materials minerals;

b) Investment and production activities of construction materials;

c) The situation of using non-fired construction materials at the local level;

d) The situation of abolishing traditional fired brick kilns at the local level;

e) Proposals for policies to develop construction materials that conserve mineral resources, save energy, and are environmentally friendly;

f) Data on construction materials according to Model No. 06 attached to this Circular.

2. By no later than December 20 each year, ministries and sectors shall report to the Ministry of Construction on the situation of using construction materials by their respective ministries and sectors according to Model No. 07 attached to this Circular.

Article 11. Amendment, supplementation, and replacement of certain articles of related Circulars concerning periodic reporting systems

1. Replace Article 8 of Circular No. 14/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction on guiding the issuance of construction activity permits and the management of foreign contractors' construction activities in Vietnam and Clause 2 of Article 5 of Circular No. 08/2018/TT-BXD dated October 5, 2018 of the Ministry of Construction on guiding certain contents regarding construction activity practice certificates, construction capability certificates, and the management of foreign contractors' construction activities in Vietnam as follows:

“Article 8. Provisions on Reporting

1. By no later than December 16 each year, foreign contractors shall report to the authority issuing construction activity permits and the Department of Construction where the project is located on the implementation of contracts according to Model No. 08 attached to this Circular.

2. By no later than December 20 each year, the Department of Construction shall report to the specialized agency under the Ministry of Construction on the situation of issuing construction activity permits and the management of foreign contractors' construction activities within its jurisdiction according to Model No. 09 attached to this Circular."

2. Amend and supplement Article 17 of Circular No. 09/2015/TT-BXD dated December 29, 2015 of the Ministry of Construction on guiding the management and use of public service housing as follows:

“Article 17. Content and Reporting System

1. By no later than June 16 and December 16 each year, the housing management and operation unit shall be responsible for reporting to the housing management agency on the situation of housing management and operation, maintenance, and rental management of public service housing according to Model No. 10 attached to this Circular.

2. By no later than June 20 and December 20 each year, the housing management agency shall be responsible for reporting to the representative body of the owner on the situation of housing management, allocation, and rental of public service housing according to Model No. 10 attached to this Circular.

3. By no later than December 20 each year, Ministries, sectors, central agencies, and provincial People's Committees shall report in writing to the Ministry of Construction on the situation of public service housing management according to Model No. 11 and Model No. 12 attached to this Circular.

3. Amend and supplement Clause 1, Article 30 of Circular No. 19/2016/TT-BXD dated June 30, 2016, of the Ministry of Construction guiding the implementation of certain contents of the Housing Law and Decree No. 99/2015/NĐ-CP dated October 20, 2015, of the Government detailing and guiding the implementation of certain provisions of the Housing Law as follows:

“1. By no later than June 20 and December 20 each year or upon urgent request, the Department of Construction shall be responsible for reporting to the Ministry of Construction on the situation of foreign organizations and individuals' ownership of real estate within the province according to Model No. 13 attached to this Circular.”

4. Amend and supplement Clause 4, Article 13 of Circular No. 20/2016/TT-BXD dated June 30, 2016, of the Ministry of Construction guiding the implementation of certain contents of Decree No. 100/2015/TT-BXD dated October 20, 2015, of the Government on the development and management of social housing as follows:

“4. By no later than June 20 and December 20 each year or upon urgent request, the Department of Construction shall be responsible for reporting to the provincial People's Committee and the Ministry of Construction on social housing within the area according to Model No. 14 attached to this Circular.”

Article 12. Repeal Certain Provisions Related to Regular Reporting System

1. Repeal the content: "reporting on the inspection work of acceptance and incidents of construction projects managed by the Ministry to the Ministry of Construction according to Model No. 01 in Appendix VIII of this Circular" and the content: "reporting on the inspection work of acceptance and incidents of construction projects within the area to the Ministry of Construction according to Model No. 02 in Appendix VIII of this Circular" stipulated in Clause 2, Clause 3, Article 24 of Circular No. 26/2016/TT-BXD dated October 26, 2016, of the Ministry of Construction detailing certain contents regarding construction project quality management and maintenance.

2. Repeal Clause 4, Article 23 of Circular No. 04/2017/TT-BXD dated March 30, 2017, of the Ministry of Construction on Safety Management in Construction Project Execution.

3. Repeal Point e, Clause 2, Article 17 of Circular No. 04/2014/TT-BXD dated April 22, 2014, of the Ministry of Construction guiding certain contents on judicial appraisal activities in investment and construction.

4. Repeal Clause 9, Article 15, and the content: "Every six months once and annually, the Department of Construction shall be responsible for reporting to the Ministry of Construction on the situation of training and upgrading knowledge about real estate brokerage and management, and operation of real estate trading floors" stipulated in Clause 2, Article 23 of Circular No. 11/2015/TT-BXD dated December 30, 2015, of the Ministry of Construction on the issuance of real estate brokerage practice certificates; guiding the training and upgrading of knowledge for real estate brokers and trading floor operators; establishment and organization of real estate trading floors.

Article 13. Effective Date

This Circular takes effect from August 15, 2019.

During the implementation process, if any difficulties arise, please promptly reflect them to the Ministry of Construction for research and appropriate amendments and supplements./.