Joint Circular No. 07/2015/TTLT-BXD-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies under the People's Committees of provinces and centrally governed cities, district-level People's Committees regarding state management sectors within the Construction sector.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of the specialized agency

Decree DECREES:Article 1. This Circular guides the implementation of functions, tasks, powers and organizational structure of province and city public libraries under the central government (hereinafter referred to as provincial public libraries). the Ministry of Natural Resources and Environment Tvice, DECREES:People's Committee of districts, cities,

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Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government stipulating the organization of specialized agencies under Provincial People's Committees and Central-Underlying City People's Committees;

Pursuant to DecreeNo. Decree No. 37/2014/NĐ-CP dated May 5, 2014 of the Government stipulating the organization of specialized agencies under District, City District, Town, and Provincial City People's Committees;

Pursuant to DecreeNo. 36/201Decree No. 2/20 18June 2024;th1ng 4 year 20

WHEREAS,ứ Decree nNo. 62/2012 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;1Decree No. 3/2014/NĐ-CP dated June 25, 20 ON and organizational structureof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs3 of the Government stipulating functions, tasks,

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating functions, tasks, powers, and organizational structureJune 2024;The Minister of Construction and the Minister of Home Affairs issue this Circular organization Pursuant to Decree No. 07/2012/NĐ-CP of February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and activities of specialized inspection;

guiding functions, tasks, powers, and organizational structure of specialized agencies under Provincial People's Committees and Central-Underlying City People's Committees (hereinafter referred to collectively as Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsProvincial People's Committees), District, City District, Town, and Provincial City People's Committees (hereinafter referred to collectively DECREES:as District People's Committees) in theward,town, district, city, province,No. fields of state management. l1. The Department of Construction is a specialized agency under the Provincial People's Committee; it performs the function of advising and assisting the Provincial People's Committee in state management over the following areas: Urban planning and architecture; construction investment activities; urban development; urban technical infrastructure and industrial zones, economic zones, high-tech zones (including: Urban and industrial zone water supply, drainage; solid waste management at urban areas, industrial zones, economic zones, high-tech zones, production bases for building materials; urban lighting; urban parks and green spaces; cemetery management except for martyrs' cemeteries; urban transportation infrastructure, excluding the management of exploitation, use, and maintenance of urban transportation infrastructure; urban underground construction management; common use of urban technical infrastructure); housing; office buildings; real estate market; building materials; public services in the fields of state management of the Department; performing other tasks and powers according to the delegation and authorization of the Provincial People's Committee and as prescribed by law. lSpecifically, the Department of Construction under Hanoi City and Ho Chi Minh City does not perform the function of advising and assisting the Municipal People's Committee in state management over the area of urban planning and architecture. reason 2. The Department of Planning and Architecture in Hanoi City and Ho Chi Minh City is a specialized agency under the Municipal People's Committee, performing the function of advising and assisting the Municipal People's Committee in state management over the area of urban planning and architecture and performing other tasks and powers according to the delegation and authorization of the Municipal People's Committee and as prescribed by law.

PART I

DEPARTMENT OF CONSTRUCTION, DEPARTMENT OF PLANNING AND ARCHITECTURE

Article 1. Position and Functions

The establishment and definition of functions and tasks of the Department of Planning and Architecture must be coordinated with the Ministry of Home Affairs and the Ministry of Construction.

3. The Department of Construction and the Department of Planning and Architecture have legal personality, seals, and separate bank accounts; they are subject to the direction and management of organization, staffing, and personnel work by the Provincial People's Committee, while also being subject to professional guidance, inspection by the Ministry of Construction.

a) Draft decisions, directives, and documents regulating the division of responsibilities and delegation of authority in the fields of state management of the Department within the scope of responsibility and authority of the Provincial People's Committee;

b) Draft long-term plans, five-year plans, and annual plans, programs, and projects in the industry and field under the management of the Department assigned by the Provincial People's Committee;

c) Draft programs and measures to organize the implementation of administrative reform tasks in the fields of state management of the Department within the province, ensuring consistency with the overall administrative reform program of the Provincial People's Committee;

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the provincial People's Committee:

d) Draft documents specifying conditions and standards for positions of heads and deputies of units directly under the Department; heads and deputies of the Urban Management Department and the Economic and Infrastructure Department under District People's Committees after coordinating and reaching consensus with relevant sectoral Departments.

a) Draft decisions, directives, and other documents within the authority to promulgate of the Chairman of the Provincial People's Committee on matters within the fields of state management of the Department;

b) Draft decisions on the establishment, merger, division, restructuring, and dissolution of units directly under the Department in accordance with the law.

3. Guide, inspect, and be responsible for organizing the implementation of normative legal documents, standards, approved development plans, programs, and projects within the scope of state management of the Department; promote, disseminate, educate about laws, and provide information on the fields of state management of the Department.

2. Submitting to the Chairman of the Provincial People's Committee:

4. On urban planning and architecture (including: Regional planning, urban planning, rural construction planning, special-purpose functional area planning; urban design, spatial management, urban architecture, and landscape management):

a) Guide, inspect, and organize the implementation of standards and regulations on urban planning and architecture, provisions on the preparation, review, and approval of various types of urban planning projects;

b) Organize the preparation and review of urban planning and architectural management regulations within the approval and issuance authority of the Provincial People's Committee; guide and coordinate with District People's Committees in preparing and reviewing urban planning and architectural management regulations within the approval and issuance authority of District People's Committees; guide and inspect the implementation of urban planning and architectural management regulations after approval and issuance by competent authorities;

c) Organize the preparation, review, and submission to the Provincial People's Committee for approval or submission to higher authorities for review and approval of urban planning projects and urban planning projects within the province in accordance with the law.

a) Direct, inspect and organize the implementation of planning construction standards, architectural standards, regulations on drafting, reviewing, and approving various types of planning construction projects, urban planning;

b) Organize the drafting and review of urban planning and architectural management regulations within the approval and issuance authority of the provincial People's Committee; guide and coordinate with the district People's Committee in drafting and reviewing urban planning and architectural management regulations within the approval and issuance authority of the district People's Committee; guide and inspect the implementation of urban planning and architectural management regulations after they have been approved and issued by the competent authority;

c) Organize the drafting and review, submit to the provincial People's Committee for approval or have the provincial People's Committee submit to the competent authority for review and approval, planning construction projects and urban planning on the provincial territory according to the provisions of the law;

d) Guide investors in organizing the preparation of urban planning projects within the approval authority of the provincial People's Committee;

đ) Guide the district-level People's Committees in organizing the preparation, examination, and approval of general urban planning projects for communes and rural construction planning within their jurisdiction according to the分级;

e) Manage and organize the implementation of approved urban planning projects within the province's jurisdiction, including: Organizing the announcement and public disclosure of urban planning projects; managing files of boundary markers, construction boundaries, and construction elevations; issuing planning permits and certificates of construction planning; introducing construction sites and infrastructure project routes; providing information on planning and architecture;

g) Guide and inspect the implementation of legal provisions regarding the conditions for practicing as an architect and urban planning engineer, the capabilities of individuals and organizations participating in second and third-class construction planning design; about idea competitions for urban planning; competitions and selections for architectural design proposals for construction projects within the province;

h) Establish and manage a database on urban planning and architecture within the province;

5. On investment construction activities:

a) Guide and inspect the implementation of legal provisions in investment construction activities, including: Preparing, examining, and approving investment construction projects; surveying and designing construction; issuing construction permits; construction, acceptance, warranty, and maintenance of construction projects; specialized construction testing and construction inspection; safety during construction; investment construction cost management; management of the operational capacity conditions of organizations and individuals in construction and licensing foreign contractors;

b) Organize the examination of investment construction projects, construction designs, and construction budgets according to the分级;

c) Guide and inspect the selection of contractors in investment construction activities according to the law within the province;

d) Advise the provincial People's Committee on state management over the activities of project management boards for investment construction projects established by the provincial People's Committee;

đ) Implement state management tasks concerning the quality of construction projects within the province according to the law;

e) Organize the appraisal of construction project quality and construction accident appraisals according to the分级 and the division of work by the provincial People's Committee; monitor, compile, and report to the competent authority on the situation of construction accidents within the province according to regulations;

g) Guide the establishment and management of investment construction project costs within the province; organize the compilation for the provincial People's Committee to announce or the Department to announce according to the分级: Construction unit prices, labor unit prices, machinery and construction equipment rental prices, construction material prices, construction survey prices, material and component testing prices, special task budget norms for investment construction projects within the province not included in the national construction norm list published by the Ministry of Construction; advise and propose to the provincial People's Committee guidance on the application or adaptation of construction norms, unit prices, construction price indices, and capital investment rates for local government-funded investment construction projects;

h) Advise the provincial People's Committee on the issuance, adjustment, extension, and revocation of construction permits within the province according to the分级;

i) Issue, adjust, and revoke construction activity licenses for foreign contractors operating within the province according to the分级;

k) Issue Class II and Class III capability certificates for organizations participating in construction activities within the province; inspect the implementation of legal provisions regarding the conditions for practicing construction and the operational capacity conditions of organizations participating in investment construction activities within the province; organize examinations, issue, reissue, and revoke practice certificates for individuals and capability certificates for organizations participating in construction activities according to the law within the province; guide and inspect the issuance, reissuance, revocation, and management of various types of construction practice certificates within the province;

l) Establish a database, update, publish, and provide information on the capabilities of organizations and individuals participating in construction with headquarters within the province (including foreign contractors operating within the province);

m) Guide, inspect, and evaluate the implementation of safety, hygiene, and environmental protection measures during construction within the province; inspect the implementation of legal provisions regarding safety for construction machinery, equipment, and materials with strict safety requirements within the province; coordinate with relevant agencies to handle violations related to safety, hygiene, and environmental protection during construction; guide the resolution of technical safety incidents during construction according to the law;

n) Monitor, inspect, supervise, and comprehensively evaluate investment construction activities under the Department's management jurisdiction;

6. On urban development:

a) Organize the preparation of various types of plans as prescribed, provincial-wide urban development programs, and for each urban area within the province, ensuring consistency with the national strategy, overall urban system development plan, national urban development program, inter-provincial regional planning, provincial regional planning, and general urban planning projects already approved by the Prime Minister; determine urban development areas and implementation plans; set urban development indicators in the provincial economic and social development tasks; implement plans, programs, and projects after approval by the provincial People's Committee;

b) Establish mechanisms, policies, and solutions to attract and mobilize resources for investment in building and developing synchronous cities, new urban areas, management policies and solutions during the urbanization process, urban management models, and encourage the development of public services in the field of urban development; organize implementation after approval by the provincial People's Committee.

c) Organize the implementation of urban development programs and projects that have been approved by competent authorities according to the division of labor of the provincial People's Committee (such as: Programs to upgrade cities; urban development programs; proposals for developing Vietnamese cities to respond to climate change; national action plans on green growth; projects to improve the urban environment, enhance urban management capacity; urban development investment projects).

d) Organize the annual evaluation and classification of cities according to criteria prescribed by the Government based on assigned functions and tasks; review proposals for recognizing fifth-tier cities within the province to submit to the provincial People's Committee for approval after obtaining the unified opinion of the Ministry of Construction.

đ) Guide and inspect activities related to urban construction and development, land exploitation and utilization for urban construction according to approved planning and plans; organize the implementation of urban development investment management according to laws on urban development investment management, construction investment laws, and relevant laws according to the division of labor of the provincial People's Committee; guide urban construction order management.

e) Organize investment promotion activities for urban development; organize fundraising, coordination of domestic and foreign resources for urban system construction and development within the province according to the division of labor of the provincial People's Committee.

g) Monitor, compile, evaluate, and report on urban development situations within the province; organize the establishment and management of information databases on urban development conditions within the province.

7. Regarding urban technical infrastructure and industrial zones, economic zones, high-tech parks, including: urban and industrial zone water supply and drainage; solid waste management at urban areas, industrial zones, and construction material production facilities; urban lighting and greenery; cemetery management (excluding martyrs' cemeteries); urban transportation infrastructure; urban underground construction management; common use management of urban technical infrastructure:

a) On urban and industrial zone water supply and drainage:

Develop plans, programs, targets, and policy mechanisms for developing water supply, drainage, and wastewater treatment systems within the province, submit to competent authorities for approval; guide and inspect implementation after approval.

Organize the preparation, review, and seek opinions from the Ministry of Construction and related agencies on urban and industrial zone water supply and drainage planning according to regulations, submit to the provincial People's Committee for approval.

Submit to the provincial People's Committee for review or provide comments on investment projects for constructing water supply and drainage works under its approval authority according to regulations; guide and inspect implementation after approval.

Organize investment promotion activities, resource mobilization for urban and industrial zone water supply and drainage development within the province according to the division of labor of the provincial People's Committee; guide and manage the implementation of investment construction projects, technological and management models suitable for urban and industrial zone characteristics and scale; guide management, operation, and maintenance of urban and industrial zone water supply and drainage systems within the province.

b) On solid waste management:

Develop plans, programs, targets, and policy mechanisms to encourage investment in household solid waste management within the province, submit to competent authorities for approval; guide and inspect implementation after approval.

Organize the preparation, review, and seek opinions from the Ministry of Construction and related agencies on solid waste disposal planning according to regulations within the province, submit to competent authorities for approval; guide and inspect the preparation, implementation, and management of solid waste disposal planning.

Organize the preparation, review of solid waste disposal facility construction planning according to regulations within the province, submit to competent authorities for approval; guide and inspect implementation.

Organize investment promotion activities, resource mobilization for solid waste disposal facility construction planning within the province according to the division of labor of the provincial People's Committee.

Submit to the provincial People's Committee for review or provide comments on investment projects for constructing solid waste disposal facilities under its approval authority according to regulations; guide and inspect implementation after approval.

c) Regarding urban lighting and urban greenery:

Develop plans, programs, and policy mechanisms to encourage urban lighting and greenery development within the province, submit to the provincial People's Committee for approval; guide implementation after approval.

Organize the preparation and review of urban lighting planning within the province for submission to the provincial People's Committee for approval for those within its approval authority; request the Ministry of Construction to provide comments on urban lighting planning for those requiring comments according to law; guide and inspect compliance with laws on urban lighting and greenery management within the province.

Guide and inspect compliance with laws on urban greenery management within the province. Organize the preparation and review of urban greenery planning according to the division of labor of the provincial People's Committee.

Advise the provincial People's Committee to implement the issuance of permits for cutting down, relocating trees, and compiling lists of trees to be preserved, dangerous trees, prohibited trees, and restricted trees in urban areas within the province according to the分级制度

d) On cemetery management (excluding martyrs' cemeteries):

Develop plans, programs, and incentive mechanisms to encourage investment in building cemeteries and crematorium facilities within the province, submit them for approval by competent authorities; guide and inspect the implementation of legal provisions regarding planning and construction, management, and use of cemeteries.

Organize the establishment, review, seek opinions from the Ministry of Construction and relevant agencies on the provincial cemetery planning scheme, submit it for approval by the provincial People's Committee according to regulations applicable to plans within the approval authority of the provincial People's Committee.

Organize investment promotion activities, mobilize resources to participate in the construction, management, and use of cemeteries and crematorium facilities as assigned by the provincial People's Committee.

Submit to the provincial People's Committee for examination or contribution of opinions on investment projects for building cemeteries and crematorium facilities within the approval authority of the provincial People's Committee according to regulations; guide and inspect the implementation after approval.

d) On urban transportation infrastructure:

Organize the establishment, review urban traffic planning schemes, submit them for approval by the provincial People's Committee for plans within its approval authority; request the Ministry of Construction to provide opinions on urban traffic planning schemes requiring solicitation of opinions according to laws; guide the establishment, review, and approval of urban traffic planning schemes and the content of urban traffic planning in urban planning schemes; inspect the construction of urban traffic infrastructure according to approved urban and urban traffic planning schemes.

e) On urban underground construction management:

Develop plans, programs, and incentive policies to encourage the development of underground urban construction, submit them for approval by competent authorities; guide and inspect the implementation after approval.

Guide and inspect the work of establishing, reviewing, approving, and managing the implementation of underground urban space planning; submit to competent authorities for issuance of regulations on underground construction management, exploitation, and undergrounding of power lines and cables in urban areas; guide the implementation after approval; establish and manage a database on underground urban construction works.

g) On shared management of urban technical infrastructure:

Guide and inspect the work of establishing, reviewing, and approving urban planning related to determining common-use technical infrastructure works.

Develop and submit to competent authorities for issuance of regulations on the common use of urban technical infrastructure works within the province; guide, monitor, and inspect the implementation of legal provisions on the management and common use of urban technical infrastructure works after approval.

h) Guide the establishment and management of costs for technical infrastructure services under the provincial department's administrative supervision; organize the establishment for the provincial People's Committee to announce or issue budget norms for technical infrastructure services within the province that are not included in the norms announced by the Ministry of Construction, or are already included but are not suitable with specific technical procedures and conditions of the province; advise and propose to the provincial People's Committee guidelines for applying or utilizing budget norms and unit prices for technical infrastructure services within the province and budget estimates for technical infrastructure service costs using local government funds; inspect and supervise the implementation.

i) Establish and manage a database on technical infrastructure:

Prepare reports on the development of technical infrastructure including: Current status of construction and development; situation of planning establishment, review, and approval, and development planning; situation of investment construction and implementation of investment projects for technical infrastructure works within the province, management of prices for services related to technical infrastructure under the provincial department's administrative supervision.

8. On housing:

a) Study and develop to submit to the provincial People's Committee for consideration and report to the provincial People's Council for decision on issuing the provincial housing development program, including general housing development programs and targeted programs of the province to support housing for socially disadvantaged groups facing housing difficulties; organize implementation after being decided and approved by the competent authority.

b) Take the lead and coordinate with relevant agencies:

Guide the establishment, review, and approval of housing development projects, review housing development projects approved or decided to be invested in by the provincial People's Committee; implement the selection of investors for commercial and social housing development projects to submit to the provincial People's Committee for consideration and decision according to its authority.

Develop mechanisms and policies on housing development and management suitable to the specific conditions of the province to submit to the provincial People's Committee for consideration and issuance according to its authority; urge, guide, and inspect the implementation after the provincial People's Committee issues them.

c) Organize the valuation of sales, rental, and lease-purchase of social housing for social housing development projects within the province; establish a framework for the sale, rental, and lease-purchase prices of social housing built by households and individuals, and management and operation service fees for social housing according to the division of labor by the provincial People's Committee.

d) Develop annual and five-year plans for social housing development funded by local government budgets or socialized capital for the provincial People's Committee to submit to the provincial People's Council for consideration and approval; guide the implementation of management and use of local government investment funds for social housing construction according to legal provisions.

d) Advise the provincial People's Committee to review, adjust, and supplement the land fund allocated for social housing development in the general plan, district plan, and detailed urban planning of the province; submit to the provincial People's Committee for consideration and decision on the recovery of land funds from commercial housing projects, new urban areas that have been assigned to investors but not implemented or implemented slower than the approved schedule, and the 20% land fund reserved for building social housing within commercial housing projects and new urban areas but not yet utilized, to be assigned to investors who have a need to invest in social housing construction;

e) Develop and submit to the provincial People's Committee for approval the plan for developing public service housing managed by the province (including land requirements and construction investment capital) according to the standards for public service housing area set forth by the Prime Minister;

g) Develop and submit to the provincial People's Committee for promulgation the criteria, target groups, and conditions for purchasing, renting, and buying-renting social housing, renting public service housing, and state-owned housing applicable within the province; issue rental price ranges for public service housing; rental, buy-rental, and sale prices for state-owned housing consistent with the actual conditions of the province; organize the implementation of tasks related to receiving self-managed housing funds from the central government and the province to unify management and sell state-owned housing to current tenants in accordance with the law;

h) Participate in appraising various types of houses within the province according to the framework prices, principles, and appraisal methods for various types of houses set by the State;

i) Guide and inspect the implementation of housing construction standards, including social housing; guide the classification, model design, typical design, management regulations, usage rules, warranty, and maintenance systems for housing and social housing within the province;

k) Organize the implementation of national policies and laws regarding housing development and management; implement housing support policies for social groups in accordance with the law on housing;

l) Summarize and evaluate the situation and results of housing and social housing development within the province annually or as required, report to the provincial People's Committee and the Ministry of Construction for consolidation and reporting to the Government;

m) Organize surveys, statistics, and periodic evaluations of state-owned housing within the province; organize the establishment, management, and provision of information on state-owned housing within the province;

9. Regarding office premises:

a) Organize the preparation and review of plans for developing administrative office systems for state agencies, office premises owned by state agencies, political-social organizations, and public service units within the province to submit for approval by the Chairman of the People's Committee; guide and inspect the implementation after approval by the provincial People's Committee;

b) Guide and inspect the implementation of office construction standards and office premises; guide the classification, model design, typical design, management regulations, usage rules, warranty, and maintenance systems for state-owned office premises within the province;

c) Coordinate with the Department of Finance to implement changes in the purpose of use, purchase, sale, lease, and buy-lease of state-owned office premises within the province in accordance with the law;

d) Organize surveys, statistics, and periodic evaluations of state-owned office premises within the province; organize the establishment of databases and provide information on state-owned office premises within the province;

10. Regarding the real estate market:

a) Develop and submit to the provincial People's Committee for issuance mechanisms and policies for real estate market development and management; measures to enhance transparency in real estate transactions and business activities within the province; organize implementation after approval and issuance by the provincial People's Committee;

b) Implement policies and measures to regulate and stabilize the real estate market within the province in accordance with the law;

c) Guide the implementation of legal provisions concerning the eligibility criteria for developers of urban development projects, housing development projects, industrial infrastructure projects, and other real estate investment and business projects within the province; guide the regulations on real estate entering the market;

d) Organize the review of transfer applications for parts or all of new urban area projects, housing development projects, and industrial infrastructure projects for the provincial People's Committee to submit to the Prime Minister for decision or for the provincial People's Committee to decide on project transfers within its authority; guide inspections of legal provisions in the activities of buying, selling, leasing, and buy-leasing houses and construction works within the province;

đ) Inspect training and capacity-building activities for real estate brokers and management of real estate trading platforms; implement the issuance and management of real estate brokerage practice certificates within the province;

e) Monitor, summarize the situation, organize the establishment of information systems on the real estate market, real estate business activities, and real estate service businesses within the province; regularly report monthly, quarterly, semi-annually, and annually to the Ministry of Construction for the Ministry to report as directed by the Prime Minister;

11. Regarding construction materials:

a) Organize the preparation and review of plans for the development of construction materials; plans for exploration, exploitation, processing, and utilization of common construction materials minerals of the province in line with the national overall plan for construction material development, key construction material development plans; manage and organize the implementation of these plans after approval by the provincial People's Committee;

b) Manage and organize the implementation of plans for exploration, exploitation, processing, and utilization of construction materials and raw materials for cement production; the national overall plan for construction material development, key construction material development plans already approved within the province in accordance with the law;

c) Guide activities related to: assessment and evaluation of technology for exploitation and processing of construction materials and raw materials for cement production; construction material production technology; quality of construction material products;

d) Organize assessments of investment projects for the exploitation and processing of construction materials and raw materials for cement production according to the classification of the Government and the assignment of the provincial People's Committee;

đ) Guide, inspect, and organize the implementation of technical standards and regulations on safety and labor hygiene in activities: exploitation and processing of construction materials and raw materials for cement production; construction material production;

e) Guide legal provisions on construction material trade for organizations and individuals engaged in construction material trade within the province according to the assignment of the provincial People's Committee;

g) Inspect the quality of construction material products and goods produced, circulated, and put into use in construction works within the province as prescribed by law;

h) Monitor and compile information on investment in the exploitation and processing of construction materials and raw materials for cement production, and production of construction materials by organizations and individuals within the province;

12. Guide and inspect the activities of public service organizations in areas under the management of the Department; manage, direct operations, and implement self-management and self-responsibility mechanisms for subordinate public institutions under the Department according to the provisions of the law;

13. Advise the provincial People's Committee on state management of enterprises, collective economic organizations, private economic organizations, and guide and inspect the activities of associations and non-governmental organizations operating in areas under the Department's state management within the province according to the provisions of the law;

14. Implement international cooperation in areas under the Department's management according to the law, assignments, or delegations from the provincial People's Committee;

15. Develop, direct, and organize the implementation of plans for researching and applying scientific and technological advancements, environmental protection; build information systems and reference materials to serve state management and professional activities assigned to the Department according to the law;

16. Provide professional guidance to urban management departments and economic infrastructure departments of the district People's Committees in areas under the Department's state management;

17. Conduct inspections and checks on organizations and individuals regarding the enforcement of laws in the Construction sector, handle violations within their authority or refer cases to competent authorities for handling; resolve disputes, complaints, and accusations, and implement anti-corruption and thrift measures in areas under the Department's state management according to the law or assignments from the provincial People's Committee;

18. Monitor, compile, and report periodically every six months and annually, and at any time about the implementation of assigned tasks to the provincial People's Committee, the Ministry of Construction, and other competent authorities according to the law; implement comprehensive statistical reporting systems for the Construction sector according to the Ministry of Construction's regulations and assignments from the provincial People's Committee;

19. Define functions, tasks, powers, and organizational structures of the Office, Inspectorate, specialized departments, and subordinate units according to the Department's functions, tasks, and powers, following general guidelines from the managing ministry and regulations of the provincial People's Committee;

20. Manage organizational structures, civil servant quotas, job positions, and staff numbers in public institutions according to occupational titles; implement salary systems and incentive policies, training, rewards, and disciplinary actions for civil servants and employees under the Department's jurisdiction according to the law and assignments or delegations from the provincial People's Committee;

21. Manage finances and assets allocated, and organize the implementation of state budgets allocated according to the law and the delegation of the provincial People's Committee;

22. Perform other tasks in areas under the Department's state management according to the division of responsibilities, delegation, or authorization from the provincial People's Committee and the law;

23. The Department of Construction of Hanoi City and Ho Chi Minh City have duties and powers defined from Clause 1 to Clause 3 and from Clause 5 to Clause 22 of Article 2, Chapter I of this Joint Circular;

24. The Department of Planning and Architecture of Hanoi City and Ho Chi Minh City have duties and powers defined from Clause 1 to Clause 4 and from Clause 12 to Clause 22 of Article 2, Chapter I of this Joint Circular;

Article 3. Organizational Structure

1. Leadership of the Department:

a) The Department of Construction and the Department of Planning and Architecture shall have a Director and not more than three Deputy Directors;

b) The Director of the Department is the head of the Department, responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Department; responsible for reporting work to the provincial People's Committee, the Chairman of the provincial People's Committee, and the Minister of Construction; report to the People's Council, respond to elector petitions, and answer questions from People's Council representatives at the provincial level upon request;

c) The Deputy Director of the Department assists the Director, responsible before the Director and the law for assigned tasks; when the Director is absent, a Deputy Director of the Department may be delegated by the Director to manage the Department's activities;

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on professional criteria issued by the Ministry of Construction and relevant legal provisions; the removal, commendation, punishment, and other policy benefits for the Director and Deputy Directors are implemented according to the law;

đ) The Director of the Department appoints and removes heads and deputy heads of subordinate organizations according to position criteria issued by the provincial People's Committee;

e) The Director and Deputy Director of the Department shall not concurrently hold the position of Head of subordinate units with legal personality.

2. Advisory and specialized organizations:

a) For provinces:

The organizational structure of the Construction Department shall not exceed eight units, specifically as follows:

- Office (including legal affairs work);

- Inspection;

- Planning and Architecture Division;

- Urban Development and Technical Infrastructure Division;

- Construction Management Division;

- Economy and Building Materials Division;

- Housing Management and Real Estate Market Division;

- Construction Inspection Agency (organized with no more than two divisions and one public service unit being the Construction Quality Inspection Center).

Advisory and support organizations for the Director of the Department shall be established in accordance with the characteristics of each locality to ensure comprehensive coverage of all fields within their management scope. In cases where fewer units than those named above (less than eight units) are organized, the People's Committee of the province shall decide on adjusting the name and functions of each unit to ensure compliance with legal regulations.

b) For centrally governed cities:

The organizational structure of the Construction Department shall not exceed ten units, specifically as follows:

- Office;

- Inspection;

- Planning and Architecture Division;

- Urban Development Division;

- Technical Infrastructure Division;

- Construction Management Division;

- Construction Permit Division;

- Economy and Building Materials Division;

- Housing Management and Real Estate Market Division;

- Construction Inspection Agency (organized with no more than two divisions and one public service unit being the Construction Quality Inspection Center).

Specifically, for the Construction Departments of Hanoi City and Ho Chi Minh City, the Planning and Architecture Division shall not be established, but instead, the Planning and Coordination Division, Human Resources Organization Division shall be established, and the Legal Affairs Division shall remain unchanged as it currently exists.

c) For the Urban Planning and Architecture Department: The Chairman of the People's Committee of Hanoi City and Ho Chi Minh City shall direct the development of a proposal on organizational structure, coordinate with the Ministry of Construction and the Ministry of Home Affairs before making a decision.

3. Public Service Units under the Department:

a) Urban Planning Center (or Institute) under the Construction Department, or under the Urban Planning and Architecture Department (in cities with an Urban Planning and Architecture Department). Specifically, for Hanoi City and Ho Chi Minh City, the Urban Planning Institute is under the People's Committee of the city.

b) The establishment, restructuring, and dissolution of other public service units under the Construction Department and the Urban Planning and Architecture Department shall be carried out in accordance with the provisions of the law.

Article 4. Civil Servant Establishment and Number of Staff (Public Service Establishment)

a) The number of civil servants in advisory and specialized technical and vocational organizations and the number of staff in public service units of the Department shall be allocated based on job positions linked to functions, tasks, scope of activities, and within the total civil servant establishment and the number of staff in administrative agencies, organizations, and public service units of the province or centrally governed city approved or approved by the competent authority.

b) Based on functions, tasks, organizational structure, and job position list, civil servant grade structure, and professional title structure approved by the competent authority, the Construction Department and the Urban Planning and Architecture Department shall annually develop plans for civil servant establishment and the number of staff in public service units in accordance with the law to ensure the fulfillment of assigned tasks.

Chapter II

URBAN MANAGEMENT DIVISION, ECONOMY AND INFRASTRUCTURE DIVISION

Article 5. Position and Functions

1. The Urban Management Division is a specialized agency under the People's Committee of districts, towns, and provincial cities responsible for advising and assisting the People's Committee of districts, towns, and provincial cities in managing state affairs in the following areas: urban planning and architecture; construction investment activities; urban development; urban technical infrastructure, industrial zones, economic zones, high-tech zones (including: urban and industrial zone water supply, drainage, lighting, urban greenery, cemetery management except for martyrs' cemeteries, underground urban construction management, shared use of urban technical infrastructure); housing; office buildings; real estate market; building materials within the district, town, or provincial city according to the law.

(The implementation of the function of advising and assisting the People's Committee of districts, towns, and provincial cities in managing state affairs in the transportation sector by the Urban Management Division is guided by the Ministry of Transport and the Ministry of Home Affairs).

2. The Economy and Infrastructure Division is a specialized agency under the People's Committee of counties, responsible for advising and assisting the People's Committee of counties in managing state affairs in: urban planning and architecture; construction investment activities; urban development; urban technical infrastructure, industrial zones, economic zones, high-tech zones (including: urban and industrial zone water supply, drainage, lighting, urban greenery, cemetery management except for martyrs' cemeteries, underground urban construction management, shared use of urban technical infrastructure); housing; office buildings; real estate market; building materials within the county according to the law.

(The implementation of the function of advising and assisting the People's Committee of counties in managing state affairs in other sectors such as industry; small-scale industry; trade; transport; science and technology by the Economy and Infrastructure Division is guided by the relevant ministries and the Ministry of Home Affairs).

3. The Urban Management Division and the Economy and Infrastructure Division shall have their own seals and separate bank accounts; they shall be subject to the direction and management of the County People's Committee regarding organization, job positions, civil servant establishment, civil servant grade structure, and personnel work, while also being subject to the direction, guidance, and supervision of professional and technical matters in the construction management field by the Construction Department and the Urban Planning and Architecture Department (in cities with an Urban Planning and Architecture Department).

Article 6. Duties and Authorities 1. Submit to the People's Committee at the district level for issuance of resolutions, directives; long-term plans, five-year plans, and annual plans; investment construction programs and projects within the scope of state management under the Construction sector on the district level; programs and measures to organize the implementation of administrative reform tasks within the scope of state management under the Construction sector; monitor the enforcement of laws within the scope of state management under the Construction sector on the district level.

2. Guide and organize the implementation of normative legal documents, mechanisms, policies, plans, programs, and projects within the scope of state management under the Construction sector that have been approved by competent authorities; provide information, propaganda, dissemination, and education on laws within the scope of state management under the Construction sector.

3. Advise the People's Committee at the district level on organizing the implementation of tasks related to managing investment construction activities and construction materials according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the provincial level.

4. Advise the People's Committee at the district level on issuing, extending, amending, revoking construction permits for projects and inspecting construction activities according to the permits issued on the district level according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the provincial level.

5. Advise the People's Committee at the district level on establishing urban development programs; coordinate during the establishment and review of urban development programs; participate in establishing proposals for recognizing fifth-tier cities on the district level.

6. Advise the People's Committee at the district level on issuing permits for cutting down and relocating urban green trees according to the division of responsibilities assigned by the People's Committee at the provincial level.

7. Advise the People's Committee at the district level on managing cemeteries according to the division of responsibilities assigned by the People's Committee at the provincial level.

8. Organize the submission and storage of files and documents under the management authority of the People's Committee at the district level according to the provisions of the law.

9. Organize the establishment, review, and submission to the People's Committee at the district level for approval, or organize the establishment for the People's Committee at the district level to submit to competent authorities for review and approval, planning schemes for construction on the district level according to the provisions of the law.

10. Organize the establishment, review, and submission to the People's Committee at the district level for approval of investment construction projects, design, and construction cost estimates or organize the establishment for the People's Committee at the district level to submit to competent authorities for review and approval according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the provincial level. Implement reviews of investment construction projects, designs, and construction cost estimates according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the provincial level.

11. Organize the establishment of regulations for construction planning and urban architecture under the authority of the People's Committee at the district level for submission to the People's Committee at the provincial level for approval or approval by the People's Committee at the district level according to the division of responsibilities.

12. Guide and inspect the construction of projects according to established construction planning and urban architectural regulations that have been approved by competent authorities; organize the publication and public disclosure of construction planning and urban architectural regulations; provide information about construction planning and architecture; manage boundary markers, construction boundaries, and construction levels on the district level according to the division of responsibilities.

13. Guide, inspect, and organize the implementation of new construction, renovation, repair, maintenance, management, operation, and use of technical infrastructure projects on the district level according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the provincial and district levels.

14. Advise the People's Committee at the district level on organizing the implementation of mechanisms and policies regarding housing and office buildings; manage housing funds and rights to manage and use office buildings on the district level according to the division of responsibilities assigned by the People's Committee at the provincial level; organize the implementation of investigations, statistics, and periodic evaluations of housing, office buildings, and real estate markets on the district level.

15. Advise the People's Committee at the district level on state management over collective economic organizations, private enterprises, and guide activities of associations and non-governmental organizations operating within the scope of state management under the Construction sector on the district level according to the provisions of the law.

16. Advise the People's Committee at the district level on providing professional guidance and supervision over the fields managed by the Office for civil servants specializing in construction activities under the People's Committee at the commune level.

17. Organize the application of scientific and technological progress; build information systems and data serving state management work and professional activities of the Office.

18. Inspect and audit organizations and individuals in the enforcement of laws within the Construction sector, report to the People's Committee at the district level for handling or submit to competent authorities for handling cases of violation; resolve disputes, complaints, and accusations; implement anti-corruption and waste prevention measures within the Construction sector according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the district level.

19. Monitor, compile, and report periodically every six months and annually, or as required, on the implementation of assigned tasks to the People's Committee at the district level, the Department of Construction, the Department of Planning and Architecture (in cities with such departments), and other competent authorities according to the provisions of the law.

20. Manage organizational structures, job positions, civil servant quotas, and salary systems, incentive policies, rewards, disciplinary actions, training, and professional development for civil servants under the Office's jurisdiction according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the district level.

21. Manage the financial resources and assets of the Office according to the provisions of the law and the division of responsibilities assigned by the People's Committee at the district level.

22. Perform other tasks within the scope of state management under the Construction sector according to the division of responsibilities or delegation by the People's Committee at the district level and the provisions of the law.

1. The Urban Management Office and the Economic and Infrastructure Office shall each have a Director, not more than three Deputy Directors, and other civil servants.

Article 7. Organization and Staffing

1. The Urban Management Department, the Economy and Infrastructure Department shall have a Head, not more than three Deputy Heads, and other civil servants.

a) The Head of the Department shall be responsible before the People's Committee at the district level, the Chairman of the People's Committee at the district level, and before the law for all activities of the Department;

b) The Deputy Heads of the Department assist the Head of the Department in directing certain aspects of work and shall be responsible before the Head of the Department and before the law for the tasks assigned by the Head of the Department. When the Head of the Department is absent, a Deputy Head of the Department appointed by the Head of the Department shall manage the activities of the Department;

Among the leaders of the Department (the Head of the Department and the Deputy Heads of the Department), there must be at least one person specifically assigned to manage and direct the implementation of state management tasks in the Construction sector;

The appointment of the Head of the Department and the Deputy Heads of the Department shall be decided by the Chairman of the People's Committee at the district level based on the professional standards set forth by the Construction Department and approved by the People's Committee at the provincial level; the removal, commendation, disciplinary action, and other policies for the Head of the Department and the Deputy Heads of the Department shall be carried out in accordance with the provisions of the law.

2. The establishment of civil servants in the Urban Management Department, the Economic and Infrastructure Department shall be decided by the Chairman of the People's Committee at the district level within the total establishment of civil servants of the district approved by the competent authority.

Chapter III

IMPLEMENTATION

Article 8. Responsibility for Implementation

1. Provincial People's Committee:

a) Direct the improvement of the organizational system of the Construction sector in the locality;

b) Specify the functions, tasks, authorities, and organizational structure of the Construction Department, the Planning and Architecture Department (in cities where such departments exist) in accordance with the guidelines of this Joint Circular and relevant legal documents; guide the People's Committee at the district level to specify the functions, tasks, authorities, and organizational structures of the Urban Management Department, the Economic and Infrastructure Department at the district level;

c) Allocate the number of civil servants and the number of staff working in public service units of the Construction Department, the Planning and Architecture Department; of the Urban Management Department, the Economic and Infrastructure Department according to job positions;

d) Direct, guide, inspect, and audit the implementation of regulations regarding functions, tasks, authorities, organizational structures, and establishments of specialized agencies under the People's Committee at the provincial and district levels managing state administration in construction;

2. The Chairman of the People's Committee at the provincial level:

a) Shall be responsible for organizing and implementing this Joint Circular;

b) Define the delegation of authority for the Director of the Department to appoint and remove heads and deputy heads of subordinate organizations and units according to the criteria and titles issued by the People's Committee at the provincial level;

c) Annually report the organization and operation of specialized agencies in construction to the Provincial People's Council, the Ministry of Home Affairs, and the Ministry of Construction as prescribed;

Article 9. Effectiveness

1. This Joint Circular shall take effect from January 1, 2016;

2. This Joint Circular replaces Joint Circular No. 20/2008/TTLT-BXD-BNV dated December 16, 2008, of the Ministry of Construction and the Ministry of Home Affairs guiding the functions, tasks, authorities, and organizational structures of specialized agencies under the People's Committee at the provincial and district levels and the tasks and authorities of the People's Committee at the commune level in state management sectors under the Construction sector;

3. During the implementation process, if there are difficulties or need for supplementation or amendment, the People's Committee at the provincial level shall report to the Ministry of Construction and the Ministry of Home Affairs for consideration and resolution./.