Directive No. 08/2004/CT-TTg On Implementing the Construction Law

DIRECTIVE

Regarding the implementation and enforcement of the Construction Law

The Construction Law was passed at the fourth session of the Eleventh National Assembly on November 26, 2003, and took effect from July 1, 2004. The Prime Minister requests that the Ministers, Heads of government agencies, Chairpersons of provincial People's Committees under the central city administrations organize thoroughly the preparatory work for the implementation of the Construction Law to quickly bring the Construction Law into practice, creating positive changes in construction activity management and construction investment, bringing construction activity management into order and discipline. In the short term, it is necessary to focus on implementing the following tasks:

1. Urgently prepare conditions for the enforcement of the Construction Law:

From now until the Construction Law takes effect, efforts should be concentrated on the following key tasks:

a) Building a system of regulatory legal documents related to the Construction Law to issue them synchronously:

- The Ministry of Construction is responsible for drafting Decrees and related documents to submit to the Government for issuance or issuance within its authority promptly when the Law comes into effect; reviewing the current system of regulatory legal documents related to construction activities, the system of construction standards and technical regulations to amend, supplement, and issue new ones in accordance with the Construction Law;

- The Ministry of National Defense, the Ministry of Public Security, the Ministry of Agriculture and Rural Development shall cooperate with the Ministry of Construction to urgently study and draft regulations on the construction of national defense and security works... classified as state secrets, emergency construction works;

- Ministries, ministerial-level agencies, government agencies, provincial People's Committees under the central city administrations are responsible for: reviewing, amending, supplementing, issuing new documents within their authority or submitting to the Government, the Prime Minister for issuance of industry-related documents in accordance with the Construction Law;

b) Implementing legal education and dissemination work:

- The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to organize the dissemination of the Construction Law and related legal documents to construction management officials at ministries, sectors, and localities; widely disseminating to all groups to ensure that everyone understands the contents of the Law, the responsibilities of subjects participating in construction activities, the responsibility for managing construction activities at all levels and sectors; enhancing awareness of strictly complying with the Law's provisions among the people;

- The Ministry of Construction shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism, Vietnam Radio, Vietnam Television, the Ministry of Justice to organize the promotion of the Construction Law through mass media;

- Local People's Committees at all levels shall organize the promotion and dissemination of the Construction Law in their localities to inform the public and ensure compliance with the Law;

c) Improving organizational structures to implement the Construction Law:

- The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Construction to research and propose improvements to organizational structures to help People's Committees at commune, district, and provincial levels strengthen the management of construction activities within their jurisdiction according to the division of powers;

- Local People's Committees at all levels are responsible for adjusting and organizing the management structure of construction to ensure there are sufficient qualified personnel to perform state management functions in construction activities in accordance with the Construction Law;

- The Ministry of Construction is responsible for organizing training and capacity building for construction management officials, especially those at ward and village levels, to enhance their capabilities in managing construction activities;

- Construction enterprises are responsible for increasing investment in personnel and equipment, improving their operational capabilities in construction to implement the分级翻译任务，确保每个输入行都有对应的输出行，并严格遵守格式要求。以下是第18至23段的翻译：

2. Organizing the implementation of existing regulatory legal documents on construction investment management to gradually implement the Construction Law:

The implementation of the Construction Law must be carried out comprehensively and systematically. Until the Construction Law takes effect, strict compliance with the Investment and Construction Management Regulations issued together with Decree No. 52/1999/ND-CP dated September 1, 1999, Decree No. 12/2000/ND-CP dated May 5, 2000, Decree No. 07/2003/ND-CP dated January 30, 2003, and other current regulations related to this area must be ensured; while also focusing on the following main tasks:

a) Completing the work of planning, reviewing, and managing construction planning, addressing the situation where planning does not enter into practice, and the phenomenon of suspended planning:

- The Ministry of Construction is responsible for guiding localities in implementing the procedures for urban and rural residential area construction planning, ensuring simplicity in procedures, ease of implementation, and effectiveness; guiding urban design work to manage urban architecture for the purpose of issuing construction permits and managing construction investment; improving the construction permit issuance process to make it simpler, more rigorous, and conducive to facilitating the people when applying for construction permits;

- Provincial People's Committees are responsible for directing lower-level People's Committees to review urban construction planning and rural residential area planning under their management to timely adjust planning in line with actual circumstances, and to have specific plans regarding time and funding for urban and rural residential area construction planning that has yet to be developed. By the end of 2004 and 2005, basic urban and rural residential areas should have approved construction planning, ensuring that planning precedes construction activities. Approved construction planning must be publicly disclosed and widely communicated to all social strata to implement and supervise implementation according to the law. Resolutely handle cases of construction that violate planning, construction permits, unauthorized construction, and construction beyond permitted limits. End the practice of allowing violations to continue, restore order and discipline in the issuance of construction permits;

b) Addressing weaknesses in the management of construction investment projects and construction quality:

- Rectify the situation of scattered and inefficient investment, long-term arrears managed by ministries, sectors, and localities with state capital; all construction project investment projects must comply with approved planning and ensure effectiveness;

- Strictly implement the Government's regulations on分级审批和管理建设项目投资，明确各组织、个人、投资者以及参与建设活动和建设项目管理主体的责任，采取措施预防消极现象和浪费行为，确保建设项目投资有效；

- Take measures to prevent negative practices in bidding, lowballing bids that affect project quality and reduce investment efficiency;

- Invest deeply, enhance the capacity of construction consulting organizations, project management boards, and construction enterprises to meet prescribed conditions, restore order in construction activities. Gradually professionalize project investment management organizations, especially construction supervision consulting organizations;

- The selection of contractors in construction activities must ensure the choice of contractors with corresponding operational capabilities. All causes leading to substandard project quality must be clarified, responsibility assigned, and dealt with resolutely. End the construction of substandard projects that cause casualties and property damage;

3. Effectively carry out inspection and audit work in investment and construction activities:

a) Strengthen inspection and audit of compliance with laws on construction;

In 2004, the Ministry of Construction, State Inspectorate, relevant ministries, sectors, provincial people's committees under the central government shall focus on implementing inspection and audit tasks according to the opinions of the Political Bureau in Notification No. 108 TB/TW dated May 14, 2003 on inspecting basic construction investment and land management and usage, and Decision No. 273/QĐ-TTg dated April 12, 2002 of the Prime Minister on inspecting construction investment and land management and usage;

Through inspections and audits, resolutely handle violations, particularly those involving officials and civil servants who abuse their power for corruption, bribery, causing losses to the state;

b) Resolve complaints and reports regarding investment construction management thoroughly;

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and chairpersons of provincial people's committees directly under the central government shall be responsible for organizing the implementation of this Directive according to their assigned functions and tasks. The Ministry of Construction shall be responsible for supervising and urging the implementation by relevant ministries, sectors, and localities, and reporting to the Prime Minister on the implementation of this Directive.