Joint Circular No. 1012/TT-LB guides the tasks, authorities, and organizational structure of specialized agencies assisting local People's Committees in managing state affairs related to the construction industry.

JOINT CIRCULAR

Guidelines for the tasks, authorities, and organizational structure of specialized agencies assisting local People's Committees in managing state administration in the construction sector

Managing state administration in the construction industry

___________________

Implementing Decree No. 15/CP dated March 4, 1994 of the Government stipulating functions, tasks, authorities, and responsibilities for state management in areas under the Ministry of Construction;

The Ministry of Construction and the Government's Organizational and Cadre Department provide guidelines on the functions, tasks, authorities, and organizational structure of specialized agencies assisting provincial People's Committees in implementing state management functions in the construction industry (including: Architecture, planning; construction; housing, public offices, working premises; urban public works, rural residential clusters; construction materials).

A- FUNCTIONS:

The Construction Departments, Office of Chief Architects of cities, Land Departments, and Transportation and Public Works Departments are specialized agencies assisting provincial People's Committees in managing state administration in the construction industry or certain specialized fields within the construction industry within their respective provinces, subject to professional guidance from the Ministry of Construction.

B- TASKS AND AUTHORITIES OF SPECIALIZED AGENCIES ASSISTING PROVINCIAL PEOPLE'S COMMITTEES IN MANAGING STATE ADMINISTRATION IN THE CONSTRUCTION INDUSTRY

I. IMPLEMENTATION OF LAWS ON THE CONSTRUCTION INDUSTRY

1. Assist provincial People's Committees in drafting documents to implement laws, ordinances, and other regulatory documents concerning the construction industry; guide the implementation of legal documents, state policies, and construction-related documents at the local level.

2. Issue and revoke various construction permits and certificates according to legal provisions, guidelines from the Ministry of Construction, and the delegation of authority from provincial People's Committees.

3. Conduct state inspections and specialized inspections and checks according to national regulations and those of provincial People's Committees.

II. MANAGEMENT OF ARCHITECTURE, URBAN DEVELOPMENT PLANNING, AND RURAL RESIDENTIAL CLUSTERS

The Office of Chief Architects or the Construction Department (for provinces without a Chief Architect's Office) assist provincial People's Committees in managing state administration regarding architecture, urban development planning, and rural residential clusters within their respective provinces; they have the following duties and authorities:

1. Develop plans for urban construction planning, urban architectural landscape management projects, and organize their implementation after obtaining approval from competent authorities.

2. Organize the preparation, review of urban development planning projects for various types of cities, industrial zones, and rural residential clusters, and submit them to provincial People's Committees for approval or submission to the Prime Minister for approval.

3. Manage urban construction, industrial zones, and rural residential clusters according to approved planning, including announcing approved urban construction plans for public knowledge and implementation, recommending locations, and agreeing on architectural planning for investment projects and issuing construction permits upon authorization from the Chairman of the provincial People's Committee; inspect and supervise the execution of construction permits, and guide the establishment and storage of completion records.

4. Prepare and review classification files for cities to be submitted to competent state authorities for approval or decision-making.

III. MANAGEMENT OF CONSTRUCTION

The Construction Department assists provincial People's Committees in managing state administration over construction within their respective provinces; it has the following duties and authorities:

1. Management of surveying, design, and project cost estimation

a) Assist provincial People's Committees in managing state administration over organizations and individuals implementing construction investment projects within their jurisdiction according to national laws and guidelines from the Ministry of Construction.

b) Organize the technical design review, cost estimation, and preparation of technical design documents for civil and industrial construction projects decided upon by provincial People's Committees for approval.

c) Approve technical designs for some group B and C civil and industrial construction projects upon authorization from provincial People's Committees; coordinate with relevant agencies to audit total cost estimates for locally managed projects for approval by provincial People's Committees.

2. Quality Management

a) Assist provincial People's Committees in managing state administration over the quality of construction projects within their jurisdiction according to legal provisions.

b) Organize or participate in the quality assessment of industrial and civil construction projects managed by the province, and participate in the acceptance of such projects according to guidelines from the Ministry of Construction.

c) Lead or participate in investigations of accidents involving industrial and civil construction projects managed by the province; participate in resolving disputes related to construction accidents.

d) Compile reports on construction project accidents within the province and report to provincial People's Committees and the Ministry of Construction.

3. Price Management

a) Coordinate with the Finance Department and relevant agencies to draft and issue basic construction price lists for the locality according to guidelines from the Ministry of Construction.

b) Coordinate with the Finance Department and Provincial Planning and Investment Department in reviewing cost estimate files for locally managed construction projects for approval by provincial People's Committees.

IV. MANAGEMENT OF HOUSING, PUBLIC OFFICES, AND WORKING PREMISES

The Land Department or Construction Department (for provinces without a Land Department) assist provincial People's Committees in managing state administration over housing, public offices, and working premises; they have the following duties and authorities:

1. Develop five-year strategies and plans, and housing development projects in urban and rural areas, and organize their implementation after obtaining approval from competent authorities.

2. Manage housing, public offices, and working premises owned by the state and managed by the locality; guide the management, exploitation, use, and development of housing, public office, and working premise funds according to government and Ministry of Construction regulations.

3. Organize surveys, statistics, and record keeping of area, condition, classification, purpose of use, and ownership transfer of houses belonging to different economic sectors.

V. MANAGEMENT OF URBAN PUBLIC WORKS AND RURAL RESIDENTIAL CLUSTERS

(Roads, water supply and drainage, environmental sanitation, greenery, lighting)

The Transportation and Public Works Department or Construction Department (for provinces without a Transportation and Public Works Department) assist provincial People's Committees in managing state administration over urban public works and rural residential clusters within their respective jurisdictions; they have the following duties and authorities:

1. Submit to the Provincial People's Committee the strategy and plan for developing urban public works and residential clusters within the jurisdiction; organize guidance on implementation after approval by the competent authority.

2. Assist the Provincial People's Committee in state management of the exploitation, use, maintenance, and repair of urban public works; take the lead in coordinating with relevant provincial agencies to study service prices of urban public works within the jurisdiction and submit them to the Provincial People's Committee.

VI. MANAGEMENT OF CONSTRUCTION MATERIALS

The Department of Construction assists the Provincial People's Committee in implementing state management over construction materials; it has the following tasks and authorities:

1. Develop strategies, planning, and five-year plans for the development of construction materials in the locality and submit them to the Provincial People's Committee; organize guidance on implementation after approval by the competent authority.

2. Coordinate with relevant agencies to review design and production technology, mining technology for resources assigned to local management for the production of construction materials according to guidelines from the Ministry of Construction.

3. Coordinate with relevant agencies in managing the quality of construction material products in the locality.

C. ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF CONSTRUCTION AND THE DEPARTMENT OF LAND ADMINISTRATION

1. Organize assistance to the Director of the Department in performing the tasks and authorities stipulated in Section B of this Circular, including:

Reviewing the notification of compliance and declaration of conformity with food safety regulations for fortified foods; health foods

- Specialized Departments and Divisions

The Office and specialized departments and divisions under the Department shall be decided by the Director of the Department and the Head of the Civil Service Organization Division upon approval by the Chairman of the Provincial People's Committee.

The staffing of the Department shall be determined by the Chairman of the Provincial People's Committee within the total number of staff allocated according to the plan.

2. Public service units under the construction sector managed directly by the Department.

3. The Department of Construction and the Department of Land Administration shall be headed by one Department Director, who will have one to three Deputy Directors assisting in managing specific areas of work as assigned by the Director.

The Chairman of the Provincial People's Committee shall appoint, dismiss, commend, and discipline the Director and Deputy Directors; specifically, for the appointment of the Department Director, there must be a written agreement from the Minister of Construction.

D. THE ORGANIZATION OF THE OFFICE OF THE HEAD ARCHITECT SHALL BE REGULATED SEPARATELY.

E. IMPLEMENTATION

1. The People's Committees of provinces and centrally governed cities shall base their organization of these management agencies on the functions, tasks, and authorities of the construction management agencies mentioned above and the specific conditions to ensure they can effectively perform state management functions in the construction sector at the local level.

2. This Circular takes effect from the date of issuance. Any previous regulations and guidelines that conflict with this Circular shall be implemented according to this Circular.

3. During implementation, if there are difficulties or suggestions for supplementation or amendment, they should be reported to the Ministry of Construction and the Civil Service Bureau of the Government for joint consideration and resolution.