Directive No. 14/2007/CT-TTg on Strengthening Urban Construction Order Management

DIRECTIVE OF THE PRIME MINISTER

On Strengthening Urban Construction Management Order

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In recent years, along with the process of industrialization and modernization of the country, the pace of urban development has been quite rapid. Currently, the whole country has over 700 cities, including nearly 100 cities and towns. With attention given to investment and development, the overall quality of technical infrastructure, social infrastructure, and public services has improved; gradually forming a system of modern and civilized cities according to the Overall Orientation for Urban Development in Vietnam until 2020 approved by the Prime Minister.

Many regulatory legal documents on construction management in general and urban construction management in particular have been issued to meet the requirements of urban development and socio-economic development. At localities, construction management work has made significant progress, reflected in various aspects: planning for construction has shown clear improvements both in quantity and quality; improving administrative procedures and issuing Construction Permits to reduce the hassle in construction management has been given due attention.

However, urban construction management still has some shortcomings and weaknesses: many localities have not paid sufficient and concentrated attention to resources for construction planning work; the publication and disclosure of urban construction planning projects have not been strictly implemented, leading to situations where individual construction projects and projects require planning agreements; organizations and individuals seeking to invest in construction still face difficulties in preliminary design assessment and application for Construction Permits; some regulations on land recovery and allocation are not truly suitable for different types of projects, affecting urban development; inspection, supervision, and handling of violations of urban construction order are not strict and timely enough, and penalties are not strong enough to prevent unauthorized and non-compliant construction, which remains widespread. Administrative reform in urban construction management at some localities has been emphasized, especially in streamlining administrative procedures and implementing decentralization in construction management; grassroots-level officials are still lacking, their qualifications and capabilities are limited, and they do not meet the requirements of their tasks.

To address these shortcomings and weaknesses, strengthen management, restore order and discipline in construction in urban areas, and improve the quality of urban architectural planning, the Prime Minister requests:

1. Provincial People's Committees and Municipal People's Committees directly under the Central Government:

a) Organize a review of all approved construction plans within their jurisdiction, check the contents and components of the project files, and if they do not comply with the legal provisions on construction planning, develop plans to adjust or supplement them. The review must be completed by the end of the fourth quarter of 2007.

b) Balance and allocate sufficient funds for the preparation of construction plans; direct and organize the preparation, examination, and approval of construction planning projects within the prescribed deadlines, ensuring the synchronization of spatial architectural organization and urban technical infrastructure systems as stipulated by the law on construction planning. Implement detailed urban construction planning at a scale of 1/2,000 and 1/500 across the urban area according to each locality's construction management requirements.

c) Publicize and disclose urban construction planning projects that have been approved, particularly detailed plans; simultaneously organize the marking of boundaries on-site according to regulations for residents to know, implement, and supervise implementation according to the plan.

d) Review, amend, and supplement local regulations on construction planning work and construction management according to the plan, and issue construction permits in accordance with the law. Check the implementation of public administrative procedures at subordinate agencies; implement a one-stop mechanism to facilitate citizens and businesses in urban management.

đ) Review the situation of unauthorized and non-compliant construction within their jurisdiction; take strict and timely measures to handle violations by projects, organizations, and individuals, and complete this by the end of the fourth quarter of 2007.

e) Draft and promulgate Urban Architectural Management Regulations following the guidelines of the Ministry of Construction. Complete the promulgation of Urban Architectural Management Regulations for cities within their jurisdiction by the end of 2007. Complete the promulgation of Urban Architectural Management Regulations for districts, wards, streets, and functional zones of cities within their jurisdiction by June 2008.

g) Continue to implement decentralization in construction management within their jurisdiction, and increase the allocation of capable and morally sound staff to grassroots levels.

h) Strengthen inspection and supervision, and concentrate on directing and resolutely handling violations of urban construction order. Immediately address the situation where multiple fines are imposed but violations persist; simultaneously, carry out the demolition of violating constructions.

i) Implement comprehensive solutions for urban technical infrastructure projects to meet the timely requirements of urban development, addressing the issue of suspended urban technical infrastructure construction. Cities from category II and above should organize the preparation of proposals to implement undergrounding of urban technical infrastructure systems.

k) Strengthen propaganda, education, and dissemination of laws on urban construction management order, enhancing community awareness about order and discipline in construction within their jurisdiction.

2. The Ministry of Construction:

a) By June 2007, issue guidelines for urban design in accordance with Article 30 and Article 31 of Decree No. 08/2005/ND-CP dated January 24, 2005 of the Government on urban planning and Urban Architectural Management Regulations in accordance with Decree No. 29/2007/ND-CP dated February 27, 2007 of the Government on urban architectural management.

b) Organize training, dissemination, and guidance on the implementation of newly issued Government Decrees related to urban technical infrastructure: underground construction, water supply, drainage, cemeteries, solid waste.

c) Chair and coordinate with the Ministry of Home Affairs and the Government Inspectorate to study amendments to Decree No. 46/2005/NĐ-CP dated April 6, 2005 of the Government on the organization and operation of Construction Inspectors, and submit to the Government in the third quarter of 2007.

d) Chair and coordinate with relevant ministries and sectors to urgently study and draft a Government Decree on handling violations of urban construction order, and submit to the Government in the third quarter of 2007.

đ) Chair and coordinate with relevant ministries and sectors to urgently study amendments to Decree No. 126/2004/NĐ-CP dated May 26, 2004 of the Government on administrative penalties for violations in construction activities, management of urban infrastructure works, and management of housing use, aiming to update and fully supplement all types of violations and sufficient sanctions to ensure deterrent and preventive effects; and submit to the Government in the third quarter of 2007.

e) Chair and coordinate with the Ministry of Home Affairs to study mechanisms and policies to attract human resources, training, and capacity enhancement for cadres and civil servants involved in urban construction order management, especially at communes, wards, and towns.

g) Organize inspections and regular meetings with localities regarding planning and construction work, and guide and urge localities to organize, review, and approve construction plans in accordance with the laws on construction planning.

h) Guide localities in implementing new urban area projects according to the provisions of Decree No. 02/2006/NĐ-CP dated January 5, 2006 of the Government on the regulations for new urban areas and the development of housing as stipulated in the Law on Housing and Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing.

i) Organize inspections of administrative reform procedures and the implementation of the one-stop mechanism of localities related to construction activities as prescribed.

3. The Ministry of Finance shall chair and coordinate with the Ministry of Construction to guide the management, allocation, payment, and settlement of funds for construction planning tasks as economic public projects, to be completed in the third quarter of 2007 and directed to implement; and coordinate with the Ministry of Construction to study and improve the mechanism for mobilizing capital to strengthen resources for construction planning work.

4. The Ministry of Natural Resources and Environment shall chair and coordinate with the Ministry of Construction and relevant ministries and sectors to review and study amendments and supplements to legal provisions on land related to conditions, methods of land transfer, land lease, issuance of land use right certificates, and land use fees for urban construction and housing projects, to be submitted to the Government in September 2007.

5. The Government Inspectorate shall chair and coordinate with the Ministry of Construction and the Ministry of Home Affairs to review and study for submission to the Government for consideration and decision to submit to the National Assembly for amendment and supplementation of the Inspection Law 2004 towards organizing multi-level construction inspection, strengthening grassroots forces, having conditions to closely monitor the locality, promptly detect and handle violations of urban construction order.

6. News agencies, press, television; political-social organizations, social-professional organizations shall supervise, detect, report, and recommend timely handling of issues related to urban construction management.

7. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of People's Committees of provinces and centrally-administered cities shall organize and implement this Directive strictly.

The Ministry of Construction shall be responsible for monitoring, inspecting the implementation, and regularly reporting to the Prime Minister./.