Decree No. 140/2025/NĐ-CP on the delineation of authority of two-level local governments in the field of state management by the Ministry of Construction

DECREE

Regulations on the delineation of authority of local administrative authorities at two levels in the field of state management by the Ministry of Construction
The Government issues this Decree to regulate the delineation of authority of local administrative authorities at two levels in the field of state management by the Ministry of Construction.

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Pursuant to the Law on Government Organization 2025;

Pursuant to the Law on Local Government Organization 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Minister of Construction;

Article 1. Delineation of tasks and powers of local administrative authorities according to the organizational model of local administrative authorities at two levels in the field of state management by the Ministry of Construction. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

Clause 2. Procedures and formalities for implementing tasks and powers of local administrative authorities at provincial and communal levels shall be carried out in accordance with the provisions of this Decree.

Article 2. Principles of authority delineation

Point a) Ensuring compliance with the Constitution, consistent with the principles and regulations on authority delineation, decentralization, and deconcentration as stipulated in the Law on the Organization of the Government and the Law on the Organization of Local Administrative Authorities;

1. General principles

Point b) Ensuring the delineation of tasks and powers between different levels of local administrative authorities in accordance with the tasks, powers, and capabilities of the agencies and individuals responsible for implementing the assigned tasks and powers; avoiding overlap, duplication, or omission of functions and tasks among different levels of local administrative authorities and among agencies and organizations under local administrative authorities;

Point c) Ensuring clear delineation of authority between People's Councils, People's Committees, and Chairpersons of People's Committees; clearly distinguishing the general authority of People's Committees from the specific authority of Chairpersons of People's Committees;

Point d) Ensuring a legal basis for the normal, continuous, and smooth operation of agencies, society, citizens, and businesses; ensuring human rights and citizen rights; creating favorable conditions for individuals and organizations to access information, exercise their rights and fulfill their obligations, and complete procedures as prescribed by law;

Point đ) Ensuring consistency in the organization of constitutional and legal implementation; ensuring transparency, accountability, and effective control of power linked to the responsibility of higher-level state agencies for inspection, audit, and supervision;

Point e) Ensuring that the delineation of authority does not affect the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party;

Point g) Resources for implementing the authority delineation tasks shall be guaranteed by the state budget in accordance with the relevant regulations.

Clause 2. In addition to the general principles, the delineation of authority in the field of state management by the Ministry of Construction must ensure the transfer of tasks and powers of People's Councils, People's Committees, and Chairpersons of People's Committees at district level in specialized laws, ordinances, resolutions, decrees, and circulars concerning communal-level local administrative authorities; some tasks transferred to provincial-level local administrative authorities in accordance with the powers and capabilities of the provincial level, those tasks having inter-communal, inter-departmental nature, and requiring high technical expertise that the communal level cannot meet.

Organizations and individuals implementing administrative procedures subject to payment of fees and charges as prescribed by the law on fees and charges shall pay such fees and charges when submitting requests for administrative procedures to the agency receiving the application, except in cases where they are exempted from paying fees and charges as prescribed by law. The person paying fees and charges may choose to pay them directly, online through the National Public Service Portal, or via the administrative procedure resolution information system at the ministerial or provincial level.

Article 3. On Fees and Charges

DELINEATION OF AUTHORITY WHEN ORGANIZING LOCAL ADMINISTRATIVE AUTHORITIES AT TWO LEVELS IN THE FIELD OF CONSTRUCTION ACTIVITY

Chapter II

DEFINING JURISDICTION WHEN ORGANIZING TWO-LEVEL LOCAL ADMINISTRATION IN THE FIELD OF CONSTRUCTION ACTIVITY

LOCAL GOVERNMENT LEVELS 02 IN THE CONSTRUCTION SECTOR

Article 4. Tasks and Authorities Regarding Construction Permits

1. The authority to issue construction permits as stipulated in Clause 2 and Clause 3, Article 103 of the Construction Law 2014 (amended and supplemented in 2020) shall be carried out by the People's Committee at the commune level.

2. The authority to approve construction locations as stipulated in Clause 9, Article 53 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing certain provisions and measures for implementing the Construction Law on construction management activities shall be carried out by the People's Committee at the commune level.

3. Procedures, formalities, and related contents concerning construction permits and approval of construction locations shall be implemented in accordance with the Construction Law 2014 (amended and supplemented in 2020) and Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.

Article 5. Tasks and Authorities Regarding Approval of Construction Locations, Scale of Construction Projects, and Duration of Temporary Structures

2. The authority to approve the continued exploitation and use of temporary structures as stipulated in Clause 4, Article 131 of the Construction Law 2014 (amended and supplemented in 2020) shall be carried out by the People's Committee at the commune level.

3. Implementation procedures as stipulated in Clauses 1 and 2 of this Article shall be carried out according to the regulations of the People's Committee at the provincial level.

Article 6. Tasks and Authorities Regarding Establishment and Operation of Specialized Project Management Boards and Regional Project Management Boards

1. The authority to establish and operate specialized project management boards and regional project management boards as stipulated in Point a, Clause 2, Article 25 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the Heads of central agencies and the People's Committees at the provincial level.

2. The provision regarding the establishment of specialized project management boards and regional project management boards as stipulated in Point c, Clause 3, Article 25 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall not be implemented.

Article 7. Tasks and Authorities Related to Construction Activity Management

1. The state management tasks of construction as stipulated in Clause 12, Article 3 of the Construction Law 2014 shall be carried out by the People's Committee at the commune level.

2. The tasks of construction-related specialized agencies under the People's Committees at the district level as stipulated in Clause 13, Article 3 of the Construction Law 2014 (amended and supplemented in 2020) shall be carried out by construction management agencies under the People's Committees at the commune level.

3. Tasks to implement state management over investment construction activities within the jurisdiction, organize training and professional development for staff and civil servants of subordinate agencies and units on investment construction; coordinate and support higher-level People's Committees in organizing the implementation, monitoring, inspecting, and supervising construction investment projects within their jurisdiction, bear responsibility for the quality management of construction projects within their assigned scope; submit regular and annual reports on local construction investment activity management to higher-level People's Committees for consolidation and tracking, and other tasks as prescribed by law as stipulated in Clause 2, Article 164 of the Construction Law 2014 shall be carried out by the People's Committee at the commune level.

4. The approval of location, direction, and total site plan of construction investment projects in areas without the requirement for construction planning or technical sector-specific planning as stipulated in Clause 5, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the People's Committee at the commune level based on the tasks delegated by the People's Committee at the provincial level.

5. The review of Feasibility Study Reports, Economic and Technical Investment Construction Reports, and Detailed Design Plans following basic design of construction investment projects as stipulated in Clause 5, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be decided by the People's Committee at the commune level which has been authorized to manage construction by the People's Committee at the provincial level.

6. The review of construction investment projects within the administrative area of the commune when the People's Committee at the provincial level adjusts and delegates authority as stipulated in Point c, Clause 7, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by construction management agencies under the People's Committee at the commune level.

7. The management of construction order as stipulated in Point b, Clause 8, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the People's Committee at the commune level when delegated by the People's Committee at the provincial level.

8. The monitoring, inspection, detection, prevention, and prompt handling of violations on the territory; enforcement of construction projects violating construction order on the territory according to the law as directed by the People's Committee at the provincial level as stipulated in Point d, Clause 8, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the People's Committee at the commune level.

Article 8. Tasks and Authorities in Managing Construction Quality

1. The分级执行验收工作的实施由省人民委员会决定，该工作依据第06/2021/NĐ-CP号2021年1月26日政府法令关于详细规定有关建设质量、施工和维护工程的一些内容（已根据第35/2023/NĐ-CP号2023年6月20日政府法令第11条第6点和第175/2024/NĐ-CP号2024年12月30日政府法令第123条第1点进行了修改和补充）第2条第2款第c点的规定。

2. The Chairman of the Provincial People's Committee or the competent state management agency with authority decides to demolish the construction project according to the laws on construction and other relevant laws regarding forced demolition and organizing the demolition of the construction project when the investor, owner, or manager/user of the construction project does not fulfill their responsibilities as stipulated in point b, clause 2, Article 42 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government.

3. The People's Committee at the commune level shall be responsible for receiving reports from investors about incidents and promptly reporting such incidents to the Provincial People's Committee according to clauses 1 and 2 of Article 44 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government.

Based on the actual conditions of the locality, the Provincial People's Committee may delegate the People's Committee at the commune level to take the lead in handling incidents of construction projects of Class II and Class III within its jurisdiction according to point đ, clause 2, Article 45 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government.

4. The People's Committee at the commune level shall be responsible for reporting incidents involving machinery and equipment to the Provincial People's Committee, specialized agencies on construction, and related organizations to promptly address such incidents according to clause 1, Article 49 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government.

5. Responsibilities in implementing state management contents within the scope regulated by Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government

a) Based on specific conditions of each locality, the Provincial People's Committee shall delegate the implementation of state management contents and inspection of construction project acceptance work as prescribed in Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government;

b) The People's Committee at the commune level shall organize the implementation of state management contents and inspection of construction project acceptance work as prescribed in Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government according to the delegation of the Provincial People's Committee.

ChapterIII

DETERMINATION OF AUTHORITY WHEN ORGANIZING

LOCAL GOVERNMENT AT TWO LEVELS IN THE FIELD

HOUSING AND REAL ESTATE BUSINESS

Article 9. Tasks and Authorities Related to Housing Development and Management

1. The responsibility for planning and allocating land area for social housing investment as stipulated in Clause 6, Article 4 of the Law on Housing 2023 shall be implemented by People's Committees at all levels.

3. The responsibility for receiving notifications from foreign individuals who own housing for rental purposes as stipulated in point a, clause 2, Article 21 of the Law on Housing 2023 shall be implemented by the People's Committee at the commune level.

4. The responsibility for storing housing files of domestic households and individuals, and overseas Vietnamese residing in Vietnam as stipulated in point b, clause 1, Article 120 of the Law on Housing 2023 shall be implemented by the People's Committee at the commune level.

5. The responsibility for managing the exterior architectural design of housing as stipulated in Clause 1, Article 121 of the Law on Housing 2023 shall be implemented by the People's Committee at the commune level upon assignment by the Provincial People's Committee.

6. The responsibility for issuing decisions on forced demolition for cases where housing is demolished to reclaim land as stipulated in point a, clause 2, Article 139 of the Law on Housing 2023 shall be implemented by the Chairman of the People's Committee at the commune level.

7. The responsibility for organizing the forced demolition of housing as stipulated in Clause 3, Article 139 of the Law on Housing 2023 shall be implemented by the People's Committee at the commune level.

8. The responsibility for being accountable under the law for state management of housing at the local level as stipulated in Clause 5, Article 93 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government detailing some provisions of the Law on Housing, and Clause 3, Article 46 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government detailing some provisions of the Law on Housing concerning the renovation and reconstruction of apartment buildings shall be implemented by the Chairman of the People's Committee at the commune level.

Article 10. Tasks and authorities related to the provincial housing development program

1. The responsibility to coordinate with the Construction Department and consulting units to organize surveys, compile data, provide figures, and establish the housing development program of the People's Committee at the district level as stipulated in Point c Clause 1 Article 10 Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee at the commune level.

2. The procedures and formalities for establishing and approving the housing development program shall be implemented as follows:

a) The Construction Department shall prepare a proposal report to submit the provincial housing development program to the Provincial People's Committee for consideration and approval, including detailed outlines, budget estimates for building the housing development program, timelines, and methods of self-execution or hiring experienced consulting units to build the housing development program and plan;

b) Within a maximum period of 20 days from the date of receipt of the proposal report from the Construction Department, the Provincial People's Committee shall be responsible for considering and approving the proposal to build the housing development program and assigning the Construction Department to lead the implementation; the Commune People's Committee and relevant local agencies shall cooperate with the Construction Department and consulting units to organize surveys, compile data, and build the housing development program;

c) After completing the draft of the housing development program, the Construction Department must send a document to solicit opinions from relevant functional agencies and organizations;

Within a maximum period of 10 days from the date of receipt of the opinion solicitation document from the Construction Department, the agencies and organizations solicited for opinions must send their responses to the provincial housing management agency;

d) Within a maximum period of 45 days from the date of sending the opinion solicitation document, the Construction Department shall be responsible for perfecting and revising the draft content of the housing development program; preparing a report to submit to the Provincial People's Committee for review and comments to be submitted to the Provincial People's Council for approval;

The dossier to be submitted to the Provincial People's Committee includes: the proposal report of the Construction Department, the draft housing development program; reports explaining and incorporating opinions from agencies and organizations; the draft proposal of the Provincial People's Committee to submit to the Provincial People's Council for approval, and the draft Resolution of the Provincial People's Council on approving the housing development program;

The content to be approved by the People's Council includes: objectives and targets for housing development; capital needs for housing development; planned land area for social housing, housing for armed forces, resettlement housing, public service housing, renovation and reconstruction of apartment buildings (if applicable), and solutions to implement the housing development program;

e) After the Provincial People's Council approves the housing development program, within a maximum period of 15 days, the Provincial People's Committee must issue a decision to approve the provincial housing development program and publish it on the Provincial People's Committee's electronic portal, while also sending it to the Construction Department for publication on its electronic portal and submitting the program to the Ministry of Construction for monitoring implementation;

3. The procedures and formalities for adjusting the housing development program as stipulated in Point b Clause 2 Article 10 Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be implemented according to the provisions of Clause 2 of this Article.

4. The compilation of the table of areas expected to develop housing as specified in Model No. 01 Appendix II Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out according to the provisions of Section 1 of the Appendix attached to this Decree.

Model No. 03 on the budget estimate for building the provincial housing development program as specified in Appendix II Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out according to the model specified in Section 2 of the Appendix attached to this Decree.

Article 11. Tasks and Authorities Related to Provincial Housing Development Plans

1. The responsibility for coordinating with the Construction Department, consulting units to organize surveys, compile data, provide statistics, and develop housing development plans for district People's Committees as stipulated in point c, Clause 1, Article 11 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by commune People's Committees.

2. The procedures for developing and approving provincial housing development plans shall be implemented as follows:

a) The provincial housing management agency shall prepare a report to submit to the provincial People's Committee for examination and approval, including detailed outlines, budget estimates for developing the housing development plan, progress, and methods of self-execution or hiring experienced consulting units to develop housing programs and plans.

For the development of a five-year housing development plan at the beginning of the housing development program, within a maximum period of 15 days from the date the provincial People's Committee approves the housing development program, the provincial housing management agency must prepare a report proposing the provisions herein to submit to the provincial People's Committee for examination and approval.

b) Within a maximum period of 20 days from the date of receipt of the report from the provincial housing management agency, the provincial People's Committee shall examine and approve the proposal to develop the provincial housing development plan and assign the provincial housing management agency to lead its implementation.

c) During the process of developing the housing development plan, the commune People's Committee and relevant local agencies have the responsibility to coordinate with the provincial housing management agency and consulting units to organize surveys; compile and provide data; develop the housing development plan; if the plan uses public investment funds to implement housing construction projects, then the specific list of projects using funds, the amount of funds required, and the disbursement stages during the planning period must be clearly stated to seek the opinion of specialized management agencies of the province.

d) After completing the draft housing development plan, the provincial housing management agency must send a document seeking opinions from functional agencies and organizations related to the locality.

Within a maximum period of 10 days from the date of receipt of the document seeking opinions from the provincial housing management agency, the agencies receiving the document must send a reply document to the provincial housing management agency.

đ) Within a maximum period of 30 days from the date of receipt of the feedback document, the provincial housing management agency must work together with the consulting unit (if any) to finalize the draft housing development plan, prepare a report to submit to the provincial People's Committee for examination and approval.

e) Within a maximum period of 15 days from the date of receipt of the report from the provincial housing management agency, the provincial People's Committee shall examine and approve the housing development plan.

Within a maximum period of 5 working days from the date of issuance of the decision approving the plan, the provincial People's Committee must publicly announce the housing development plan on the provincial People's Committee's electronic portal, simultaneously sending it to the provincial housing management agency to publicly announce on their electronic portal and send it to the Ministry of Construction for monitoring the implementation.

g) Before December 31 of the final year of the plan period, the provincial People's Committee must organize the development and approval of the housing development plan for the next period.

3. The procedures for adjusting the housing development plan as stipulated in point b, Clause 2, Article 11 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be implemented according to the provisions of Clause 2 of this Article.

Article 12. Duties and Authorities Related to Management of Apartment Buildings

1. The responsibility for coordinating and implementing quality inspection and assessment of apartment buildings as stipulated in Clause 1, Article 61 of the Housing Law 2023 shall be carried out by the People's Committee at the commune level.

2. The responsibility for constructing or hiring consulting units in accordance with the provisions of the Bidding Law to develop plans for renovating and reconstructing apartment buildings, reporting to the People's Committee at the provincial level for approval and publishing as stipulated in Clause 2 and Clause 5, Article 65 of the Housing Law 2023 shall be carried out by the People's Committee at the commune level if assigned.

The procedures and formalities for constructing or hiring consulting units in accordance with the provisions of the Bidding Law to develop plans for renovating and reconstructing apartment buildings shall be implemented in accordance with the provisions of Article 7 and Article 8 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government.

The public security agency at the commune level shall be responsible for ensuring security and order during forced eviction and recovery of housing based on written requests from the People's Committee at the commune level.

3. The responsibility for organizing forced handover of maintenance funds for common property parts in apartment buildings as stipulated in Article 154 of the Housing Law 2023, Articles 88, 89, 90, and 91 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee at the commune level.

4. The responsibility for coordinating the review, inspection, and evaluation of the quality of apartment buildings as stipulated in Clause 2, Article 5 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

5. The responsibility for implementing renovation plans for apartment buildings and publicly announcing renovation plans for apartment buildings as stipulated in Point g, Clause 2 and Clause 3, Article 7 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

6. The responsibility for providing comments on the approval of investment proposals for projects to renovate and reconstruct apartment buildings not funded by public investment as stipulated in Point b, Clause 1 and Point a, Clause 2, Article 11 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level where the project is located.

7. The responsibility for implementing the project to renovate and reconstruct apartment buildings of the People's Committee at the district level within the scope of approved investment proposals as stipulated in Point i, Clause 1, Article 13 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

8. The responsibility for receiving and publicly disclosing information about projects to renovate and reconstruct apartment buildings, receiving registration files for participation as investors in such projects, coordinating with the Construction Department to organize opinions from owners of apartment buildings, signing confirmation minutes on selecting project investors as stipulated in Clauses 2, 3, 4, 5, and 6, Article 17 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

9. The responsibility for coordinating with the Construction Department to submit to the People's Committee at the provincial level for approval of compensation and support plans for resettlement as stipulated in Clause 9, Article 18 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

10. The responsibility for organizing the forced relocation as stipulated in Clause 3, Article 74 of the Housing Law 2023 shall be carried out by the People's Committee at the provincial level or the People's Committee at the commune level where the apartment building is located if assigned by the People's Committee at the provincial level.

11. The responsibility for organizing urgent relocation of owners and users of apartment buildings, proposing the People's Committee at the provincial level to allocate funds for urgent relocation as stipulated in Points b and c, Clause 1, Article 24 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the provincial level or the People's Committee at the commune level where the apartment building is located if assigned by the People's Committee at the provincial level.

12. The responsibility for organizing the relocation of owners and users of apartment buildings, and for organizing forced relocation of owners and users of apartment buildings as stipulated in Point b, Clause 2 and Article 25 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the provincial level or the People's Committee at the commune level where the apartment building is located if assigned by the People's Committee at the provincial level.

The public security agency at the commune level shall be responsible for ensuring security and order during forced eviction and recovery of housing based on written requests from the People's Committee at the commune level.

13. The responsibility for organizing forced handover of maintenance funds for common property parts of apartment buildings, managing housing affairs on the local territory as stipulated in Clause 3, Article 93 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee at the commune level.

14. The responsibility for coordinating the determination of the amount to be deducted when formulating additional compensation and resettlement plans as stipulated in Clause 10, Article 48 of Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government shall be carried out by the People's Committee at the commune level.

Article 13. Tasks and Authorities Related to Housing Belonging to State Property

1. The responsibility for organizing forced recovery of housing as stipulated in Clause 2, Article 127 of the Housing Law 2023 shall be carried out by the People's Committee of the commune where the housing is located upon being assigned by the Provincial People's Committee.

2. The responsibility for leading and coordinating with the Construction Department and the police force of the commune where the housing is located to organize forced recovery of housing as stipulated at Point d, Clause 2, Article 79 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee of the commune.

3. The responsibility for coordinating with the Construction Department to manage the common area of land and housing as stipulated in Clause 3, Article 76 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee of the commune.

Article 14. Tasks and Authorities Related to Social Housing

1. The responsibility for receiving applications for purchasing, renting, or leasing social housing from persons subject to resettlement; checking and confirming the eligibility of applicants; compiling lists of households and individuals meeting the conditions for purchasing, renting, or leasing social housing as stipulated in Clauses 1, 2, and 3, Article 39 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the People's Committee of the commune.

2. The responsibility for confirming the eligible subjects listed on the application form for inclusion in the Land Use Right Certificate and Ownership Certificate of immovable property attached thereto issued by the Land Registration Office/Branch of the Land Registration Office under the district of the centrally governed city as stipulated in Clause 1, Article 29 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government detailing certain provisions of the Housing Law on the development and management of social housing shall be carried out by the Land Registration Office/Branch of the Land Registration Office located in the commune or inter-commune area of the centrally governed city where the social housing project is located.

3. The responsibility for confirming the eligible subjects as stipulated in Clause 10, Article 76 of the Housing Law as stipulated in Points a, Clause 1 and Point a, Clause 3, Article 37 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Committee of the commune.

4. The responsibility for reviewing and confirming the eligible subjects, housing conditions, income conditions, and conditions for preferential loans as stipulated in Clause 14, Article 75 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the Department of Natural Resources and Environment/local government at the commune level.

5. The responsibility for publicly announcing information related to social housing investment projects provided by the developer as stipulated in Point a, Clause 1, Article 38 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Committee of the commune where the project is located.

6. The responsibility for confirming the eligible subjects as stipulated in Clause 10, Article 76 of the Housing Law for the People's Committee of the commune where land is being reclaimed and houses are being demolished as stipulated in Point c, Clause 1, Article 38 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Committee of the commune.

7. The responsibility for deciding the source of funds for preferential loans through the Social Policy Bank from the local housing development fund (if any), annual local budget support, bond issuance proceeds, housing bonds, and other lawful sources as stipulated by law for the county budget to implement social housing goals and plans at the local level as stipulated in Point c, Clause 1, Article 50 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Council of the commune.

8. The responsibility for establishing a Forced Recovery Committee for social housing as stipulated in Clause 2, Article 55 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the Chairman of the People's Committee of the commune upon being authorized by the Provincial People's Committee; members of the Committee include: the Chairman or Vice-Chairman of the Provincial or Communal People's Committee as head of the Committee; representatives of specialized agencies under the Communal People's Committee with functions of inspection, construction, judiciary, natural resources and environment; the investor of the project; representatives of the Management Board and other members decided by the Chairman of the Provincial or Communal People's Committee.

9. The responsibility for participating in supervising the forced recovery of social housing as stipulated in Clause 5, Article 55 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the Vietnam Fatherland Front Committee of the commune.

10. The responsibility for organizing the enforcement and resolving complaints related to forced recovery according to the law on complaints as stipulated in Clause 1, Article 56 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Committee of the commune.

11. The responsibility for approving the enforcement plan and budget estimate for enforcement activities as stipulated in Clause 2, Article 56 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the People's Committee of the commune.

Article 15. Tasks and Authorities Related to Handling Complaints and Resolving Disputes Regarding Housing

1. The responsibility for handling complaints during the implementation of regulations related to land and housing in the process of implementing land management policies and socialist renovation policies before July 1, 1991, as stipulated in Clause 1 and Clause 4, Article 16 of Resolution No. 755/2005/UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly, shall be carried out by the Chairman of the People's Committee at the commune level.

2. The responsibility for confirming the number of people living together in a household as stipulated in Point b, Clause 3, Article 9 of Decree No. 127/2005/NĐ-CP dated October 10, 2005 of the Government guiding the implementation of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly regarding the resolution of specific cases concerning land and housing in the process of implementing land management policies and socialist renovation policies before July 1, 1991, shall be carried out by the public security agency at the commune level.

3. The responsibility for resolving disputes regarding management and operation costs of apartment buildings and maintenance fund usage as stipulated in Clause 4, Article 194 of the Law on Housing 2023 shall be carried out by the People's Committee at the commune level.

Article 16. Responsibilities for State Management of Real Estate Business

The responsibility for implementing state management of real estate business as stipulated in Clause 5, Article 81 of the Law on Real Estate Business 2023 shall be carried out by the People's Committee at the commune level.

Chapter IV

DEFINING JURISDICTION WHEN ORGANIZING TWO-LEVEL LOCAL ADMINISTRATION IN THE FIELD OF CONSTRUCTION ACTIVITY

LOCAL LEVELS IN THE FIELD OF ARCHITECTURE,

URBAN DEVELOPMENT, TECHNICAL INFRASTRUCTURE

Article 17. Tasks and Authorities in Architectural Management

1. The responsibility of the People's Committee at the district level in state management of architecture as stipulated in Clause 2, Article 38 of the Architecture Law 2019 shall be carried out by the People's Committee at the commune level.

2. Tasks and authorities in organizing the establishment and adjustment of the list of architectural works of value

a) The responsibility of the People's Committee at the district level for establishing and adjusting the list of architectural works of value as stipulated in Clause 1 and Point a, Clause 2, Article 5 of Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Architecture Law shall be carried out by the People's Committee at the commune level;

b) The procedures for carrying out the responsibility of organizing the establishment and adjustment of the list of architectural works of value shall be implemented according to the regulations on the procedures for establishing, reviewing, approving, and adjusting the list of architectural works of value under the law on architecture.

3. Tasks and authorities in establishing architectural management regulations

a) The responsibility of the People's Committee at the district level for establishing architectural management regulations as stipulated in Clause 1, Article 8 of Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government shall be carried out by the People's Committee at the commune level;

b) The procedures for carrying out the responsibility of organizing the establishment of architectural management regulations shall be implemented according to the regulations on establishing architectural management regulations under the law on architecture.

4. Tasks and authorities in approving and issuing architectural management regulations for rural residential areas

a) The responsibility of the People's Committee at the district level for approving and issuing architectural management regulations for rural residential areas as stipulated in Clause 5, Article 9 of Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government shall be carried out by the People's Committee at the commune level;

b) The procedures for carrying out the responsibility of approving and issuing architectural management regulations shall be implemented according to the regulations on the procedures for reviewing, approving, and issuing architectural management regulations under the law on architecture.

5. Tasks and authorities in reviewing architectural management regulations for rural residential areas

a) The specialized agency responsible for architectural management under the People's Committee at the commune level shall organize the review of architectural management regulations for rural residential areas;

b) The procedures for carrying out the review of architectural management regulations for rural residential areas shall be implemented according to the regulations on the procedures for reviewing, approving, and issuing architectural management regulations under the law on architecture.

6. Timeframe for Establishing, Reviewing, Approving, and Issuing Architectural Management Regulations

a) The timeframe for establishing architectural management regulations as stipulated in Clause 1, Article 7 of Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government is nine months for the establishment of architectural management regulations of central cities, six months for other cases, from the date of being assigned to establish the architectural management regulations;

b) The timeframe for reviewing architectural management regulations as stipulated in Clause 2, Article 7 of Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government is twenty days for the establishment of architectural management regulations of central cities, fifteen days for other cases, from the date of receiving complete valid files;

c) The timeframe for approving and issuing architectural management regulations shall be implemented according to the regulations on the timeframe for establishing, reviewing, approving, and issuing architectural management regulations under the law on architecture.

Article 18. Tasks and Authorities in Urban Development Management

1. The organization of drafting, soliciting opinions on urban development programs, budget allocation for drafting and reviewing urban development programs from state budget sources or other lawful capital sources as stipulated in point b and point đ, Clause 7, Article 3a of Government Decree No. 11/2013/NĐ-CP dated January 14, 2013 (amended and supplemented by Government Decree No. 35/2023/NĐ-CP dated June 20, 2023) shall be carried out by the Provincial People's Committee.

2. The responsibility of the District People's Committee regarding the implementation or guidance to the project investors on compensation, support, and resettlement when land is reclaimed according to the laws on land; the responsibility of the receiving party as prescribed in Clause 3, Article 4, and point c, Clause 6, Article 38 of Government Decree No. 11/2013/NĐ-CP dated January 14, 2013 (amended and supplemented by Government Decree No. 35/2023/NĐ-CP dated June 20, 2023) shall be carried out by the Commune People's Committee.

Article 19. Tasks and Authorities in Water Production, Supply, and Consumption

1. The Provincial People's Committee shall carry out agreements to implement water supply services and approve plans for water supply development when the water supply project covers administrative boundaries of two or more communes; the Commune People's Committee shall carry out agreements to implement water supply services and approve plans for water supply development when the water supply project covers the administrative boundary of one commune, as prescribed in Clause 1, Article 31, and Clause 3, Article 33 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007 on Water Production, Supply, and Consumption.

2. Within its tasks and authorities, the Provincial People's Committee shall be responsible for managing state activities related to water supply within its jurisdiction; defining functions, tasks, and responsibilities for water supply activities for specialized agencies and the Commune People's Committees as prescribed in Clause 8, Article 60 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007.

3. The Provincial People's Committee shall direct the transfer of centralized water supply facilities in communes, wards, and special economic zones within its territory that have been invested with state funds to state-owned enterprises operating water supply under the management of provincial or centrally-administered city governments, as prescribed in point a, Clause 2, Article 64 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007.

4. The Provincial People's Committee shall organize and implement agreements to provide water supply services within its territory with water supply units as prescribed in point c, Clause 2, Article 64 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007.

1. The Provincial People's Committee shall be responsible for delegating urban greenery management authority within its territory to the Commune People's Committees as prescribed in Clause 1, Article 21, and Clause 1, Article 22 of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010 on Urban Greenery Management (amended and supplemented by Government Decree No. 100/2018/NĐ-CP dated July 16, 2018).

2. The Provincial People's Committee shall be responsible for issuing or delegating to the Commune People's Committees the issuance of specific regulations on urban greenery management within its territory as prescribed in Clause 2, Article 21, and Clause 2, Article 22 of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010.

3. The issuance of lists of preserved trees, restricted planting trees, and prohibited planting trees within its territory as prescribed in Clause 2, Article 17, and Clause 3, Article 22 of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010 shall be carried out by the Provincial People's Committee.

4. The responsibility of selecting units to provide urban greenery management services within its territory as prescribed in Clause 4, Article 22 of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010 shall be carried out according to the delegation of the Provincial People's Committee.

5. The responsibility of organizing and directing annual statistics and establishing databases on urban greenery within its managed territory as prescribed in Clause 5, Article 22 of Government Decree No. 64/2010/NĐ-CP dated June 11, 2010 shall be carried out by the Commune People's Committee.

Article 21. Tasks and authorities on management and utilization of common infrastructure engineering works

1. The phased investment plan for constructing new, renovating, and upgrading common infrastructure engineering works as stipulated in Clause 2, Article 8 of Decree No. 72/2012/ND-CP dated September 24, 2012 of the Government on management and utilization of common infrastructure engineering works shall be implemented according to the classification level of the provincial People's Committee.

2. The owner of common infrastructure engineering works as stipulated in Clause 1, Article 10 of Decree No. 72/2012/ND-CP dated September 24, 2012 of the Government is the provincial People's Committee or the commune People's Committee according to the management classification.

Article 22. Tasks and authorities on drainage and wastewater treatment

1. The provincial People's Committee is the owner or delegates, classifies the commune People's Committee as the owner of the drainage system as stipulated in Clause 1, Article 10 of Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government on drainage and wastewater treatment.

2. The commune People's Committee is the investor of the centralized rural community drainage system funded from the state budget as stipulated in Clause 2, Article 11 of Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government. For projects with high technical requirements that require specialized expertise beyond the capacity of the commune People's Committee, the provincial People's Committee decides to assign the project to an entity with sufficient capacity to act as the investor.

3. The Department of Construction takes the lead and coordinates with relevant agencies to develop the local drainage development investment plan, submitting it to the provincial People's Committee for approval as stipulated in Clause 3, Article 12 of Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government; it does not conduct the review of the local drainage development investment plan.

Chapter V

DEFINING JURISDICTION WHEN ORGANIZING TWO-LEVEL LOCAL ADMINISTRATION IN THE FIELD OF CONSTRUCTION ACTIVITY

LOCAL TWO LEVELS IN THE FIELD OF TRANSPORTATION

1. The commune People's Committee performs the function of being the road administration agency under the district People's Committee as stipulated in Clause 6, Article 2 of the Road Law 2024.

2. The authority to name and number roads and the responsibility to announce the names and numbers of roads on mass media as stipulated in Point c, Clause 9, Article 8 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government detailing and guiding the implementation of certain provisions of the Road Law and Article 77 of the Road Traffic Safety Law shall be carried out by the provincial People's Committee.

3. The authority to handle administrative procedures as stipulated in Point c, Clause 2, Article 18 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the commune People's Committee.

4. The responsibility to organize the implementation of protecting the road infrastructure as stipulated in Clause 7, Article 20 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the commune People's Committee.

5. The authority to grant permits for temporary use of the road surface and sidewalk for other purposes as stipulated in Point c, Clause 5, Article 21 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the commune People's Committee.

6. The responsibility to organize traffic on roads during the management, operation, exploitation, and use phases as stipulated in Clause 3, Article 24 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the Vietnam Highway Administration, the Department of Construction, and the commune People's Committee for roads under their management.

7. The authority to approve the location, temporary connection design, and construction permit as stipulated in Point c, Clause 3, Article 31 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the commune People's Committee.

8. The authority to carry out traffic safety inspection and evaluation work as stipulated in Clause 3, Article 32 of Decree No. 165/2024/ND-CP dated December 26, 2024 of the Government shall be carried out by the Vietnam Highway Administration, the Department of Construction, the commune People's Committee, and the road managers and users for roads under their management.

9. The responsibility when accidents occur during the transportation of dangerous goods within the managed area as stipulated in Clause 3, Article 27 of Decree No. 161/2024/ND-CP dated December 18, 2024 of the Government detailing the list of dangerous goods, transportation of dangerous goods, and procedures and formalities for issuing permits and certificates of completion of training programs for drivers or escorts transporting dangerous goods on roads shall be carried out by the commune People's Committee.

Article 24. Tasks and Authorities in the Railway Sector

1. The guidance, direction, and inspection of land management for railways; implementation of preventive measures, obstruction, handling of violations, and clearance of railway traffic safety zones within the scope of management as stipulated in Clause 6, Article 35 of Decree No. 56/2018/NĐ-CP dated April 16, 2018 of the Government on management and protection of railway infrastructure shall be carried out by the People's Committee at the commune level and relevant management agencies within their scope of management.

2. The responsibility to implement tasks prescribed in Article 36 of Decree No. 56/2018/NĐ-CP dated April 16, 2018 of the Government shall be carried out by the People's Committee at the commune level.

3. Management, protection, and implementation of measures to prevent and promptly handle acts of encroachment on railway land within the scope of management as stipulated in Clause 1, Article 37 of Decree No. 56/2018/NĐ-CP dated April 16, 2018 of the Government shall be carried out by the People's Committee at the commune level according to the classification of the People's Committee at the provincial level.

4. The task of guiding the coordination work with agencies and organizations entrusted with the management of railway infrastructure to conduct reviews, statistics, and classification of projects to organize implementation as stipulated in Clause 4, Article 39 of Decree No. 56/2018/NĐ-CP dated April 16, 2018 of the Government shall be carried out by the People's Committee at the commune level.

5. The task of leading and coordinating with enterprises operating railway infrastructure, owners of dedicated railways, and related organizations and individuals to clear railway traffic safety zones at level crossings as stipulated in Clause 5, Article 12 of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing the implementation of certain provisions of the Railway Law (amended and supplemented by Decree No. 01/2022/NĐ-CP dated January 4, 2022, and Decree No. 91/2023/NĐ-CP dated December 14, 2023 of the Government) shall be carried out by the People's Committee at the commune level where the railway passes through.

Article 25. Tasks and Authorities in the Aviation Sector

1. The responsibility to coordinate with Civil Aviation Port Authorities in ensuring security, order, anti-terrorism, and air emergency as stipulated in Clause 12, Article 9 of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of civil aviation airports shall be carried out by the People's Committee at the commune level.

2. The responsibility to coordinate in announcing and protecting the boundaries and markers of aviation port and airport planning as stipulated in Clause 4, Article 33 of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government shall be carried out by the People's Committee at the commune level.

Article 26. Tasks and Authorities in Managing Activities of Watercraft for Recreational Purposes

1. The organization and management of registration and management of watercraft for recreational purposes that must be registered as stipulated in Article 19 of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government on management of activities of watercraft for recreational purposes (amended and supplemented by Decree No. 19/2024/NĐ-CP dated February 23, 2024 of the Government) shall be carried out by the People's Committee at the commune level.

2. The implementation of agreements, announcements of opening, allowing operations, or closing, not allowing operations in Zone 2 as stipulated in Article 11, Clause 3, Article 12, Clauses 2 and 3, Article 13 of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government (amended and supplemented by Decree No. 19/2024/NĐ-CP dated February 23, 2024 of the Government) shall be carried out by the People's Committee at the commune level.

3. The People's Committee at the commune level shall organize the implementation of tasks prescribed in Clause 2, Article 28 of Decree No. 48/2019/NĐ-CP dated June 5, 2019 of the Government (amended and supplemented by Decree No. 19/2024/NĐ-CP dated February 23, 2024 of the Government) according to the directives of the People's Committee at the provincial level.

Article 27. Tasks and Authorities in Managing Inland Waterway Activities

1. The People's Committee of the province organizes and directs departments, agencies, and the People's Committee of the commune to fulfill their responsibilities for managing inland waterway activities in accordance with Clause 1 of Article 100 of the Law on Inland Waterway Transport 2004 (amended and supplemented in 2014).

2. The authority to agree on technical specifications for construction of inland waterway wharfs, river passenger wharfs, and inland waterway wharfs serving main construction projects; announcing operations, re-announcing operations, extending operations, or announcing closure of inland waterway wharfs, river passenger wharfs, and inland waterway wharfs serving main construction projects within the management area; providing opinions on repairs, improvements, upgrades, and dredging of inland waterway wharfs as stipulated in Point d, Clause 2, Point c, Point d, Clause 5 of Article 15, Clause 2 of Article 16, Point c, Clause 4, Point e, Clause 10 of Article 18, Clause 2 of Article 22 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government (amended and supplemented by Decree No. 54/2022/ND-CP dated August 22, 2022, and Decree No. 06/2024/ND-CP dated January 25, 2024 of the Government) shall be carried out by the People's Committee of the commune.

3. The People's Committee of the commune approves traffic safety assurance plans as stipulated in Point c, Clause 3 of Article 41 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government when authorized and delegated by the People's Committee of the province.

4. The components participating in the meeting to assess security at inland waterway ports receiving foreign vessels as stipulated in Point c, Clause 2 of Article 43 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government include management agencies in the port area: Maritime Port Management Office or Inland Waterway Port Management Office, Customs Gate, Border Guard Gate, Health Quarantine, Animal Quarantine, Plant Quarantine.

5. The People's Committee of the commune organizes the management and exploitation of river passenger wharfs; implements measures to protect inland waterway infrastructure, prevent encroachment and occupation of channel protection zones; ensures inland waterway traffic order and safety and is responsible for inland waterway traffic order and safety in the locality as stipulated in Clause 1 of Article 64 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government according to the guidance of the People's Committee of the province.

6. Individuals and organizations shall not declare information about districts (urban districts), towns in the attached forms and documents of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government.

Article 28. Tasks and Authorities in Managing Hazardous Cargo Transportation by Inland Waterway Vessels; Announcing the List of Areas and Locations Receiving Dredged Materials and Submerged Dredged Materials

1. The People's Committee of the commune fulfills state management responsibilities as stipulated in Clause 3 of Article 30 of Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government regarding the List of Hazardous Goods and Transportation of Hazardous Goods by Inland Waterway Vessels (amended and supplemented by Decree No. 161/2024/ND-CP dated December 18, 2024 of the Government) according to the directives of the People's Committee of the province.

2. The Chairman of the People's Committee of the province assigns the Head of the Provincial People's Committee Office; Heads of provincial departments, agencies; Chairmen of the People's Committees of the communes; organizations, enterprises, and related units to be responsible for implementing the decision to announce the list of areas and locations receiving dredged materials and submerged dredged materials as stipulated in Appendix II of Decree No. 57/2024/ND-CP dated May 20, 2024 of the Government on managing dredging activities in port waters and inland waterways.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. Provisions on handling issues related to organizing local administrative authorities at two levels

1. Adjusting some contents related to the performance of tasks and powers under the Housing Law 2023 and detailed Decrees:

a) Not using the phrase "by administrative unit at district level" in Point h Clause 1 Article 27 of the Housing Law 2023;

b) Not using the phrase "People's Committee at district level" in Clause 1 Article 51 of the Housing Law 2023, Clause 2 Article 13, Clause 4 Article 16, Point a Clause 2 Article 24 Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government;

c) Replacing the understanding of the phrase "at district level" in Clause 4 Article 60 of the Housing Law 2023 with the phrase "at commune level or neighboring commune level";

d) Using the phrase "at commune level or neighboring commune level within the same province" to replace "at district level or neighboring district level" in the planning solution for renovation and reconstruction of apartment buildings as stipulated in Clause 3 Article 64 of the Housing Law 2023;

đ) Replacing the understanding of the phrase "at district level" in Clause 4 Article 73 of the Housing Law 2023, Point b Clause 4 Article 30 Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government with the phrase "at commune level";

e) Not using the phrase "town" in Clause 2 Article 4 Decree No. 127/2005/NĐ-CP dated October 10, 2005 of the Government and Clause 9 Article 10, Clause 5 Article 11 Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government;

g) Not using the phrase "within the administrative area at district level" in Point i Clause 1 Article 9, Point c Clause 5 Article 15 Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government;

h) Not using the phrase "district, county" in Point b Clause 1 Article 16 Decree No. 94/2024/NĐ-CP dated July 24, 2025 of the Government and Appendix XVII attached to Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government;

i) Replacing the understanding of the phrase "area at district level" prescribed in Clause 3, Clause 5 Article 3 Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government with the phrase "area at commune level or neighboring commune level within the same province";

k) Replacing the understanding of the phrase "area at district level" prescribed in Clause 2 Article 35, Clause 2 Article 37 Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government with the phrase "area at commune level";

l) Replacing the understanding of the phrase "neighboring district level area" prescribed in Clause 3 Article 37 Decree No. 98/2024/NĐ-CP dated July 25, 2024 of the Government with the phrase "neighboring commune level area";

m) Not using the phrase "at district level" in Point b Clause 4 Article 74 Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government.

2. Adjusting some contents related to the performance of tasks and powers under the Road Law 2024:

a) Adjusting the classification of roads according to management level prescribed in Clause 1 Article 8 including: national highways, provincial roads, commune roads, village roads, urban roads, specialized roads;

b) Adjusting the way to determine provincial roads prescribed in Point b Clause 1 Article 8 as follows: "Provincial roads are roads located within the territory of a province connecting the administrative center of the province with the administrative center of communes; roads having important positions for the socio-economic development of the province.";

c) Adjusting the classification of local roads prescribed in Clause 2, Point b Clause 4 Article 8 including: provincial roads, urban roads, commune roads, village roads;

d) Adjusting the provision of "land use planning at district level" currently prescribed in Clause 1 Article 12 to "land use planning at commune level" as the basis for determining land reserved for road infrastructure;

đ) Using "administrative center at commune level" instead of "administrative center at district level" to determine the location of bus stations in Point a Clause 1 Article 39;

e) Using "areas within communes, wards, special zones" instead of "areas within cities, suburbs of cities, towns" to determine the location of parking lots as prescribed in Point b Clause 1 Article 39.

3. Adjusting the provision of "annual land use plan at district level" currently prescribed in Clause 5 Article 94 of the Construction Law 2014 (amended and supplemented in 2020) to "land use plan at commune level" as the basis for issuing construction permits with a specified duration.

Article 30. Effective Date

1. This Decree takes effect from July 1, 2025.

Clause 2. This Decree ceases to take effect from March 1, 2027, except in the following cases:

a) Ministries and ministerial-level agencies report to the Government to propose and obtain the National Assembly’s decision to extend the application period of this Decree in whole or in part.

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Government, decisions of the Prime Minister that provide for the authority, responsibility for state management, procedures, and formalities prescribed in this Decree, if adopted or issued from July 1, 2025 and take effect before March 1, 2027, then the corresponding provisions in this Decree shall cease to be effective upon the entry into force of those legal documents.

3. During the period when the provisions of this Decree are in effect, if the provisions on the authority, responsibility for state management, procedures, and formalities in this Decree differ from relevant legal documents, they shall be implemented according to the provisions of this Decree.

4. In cases where the specialized agencies responsible for construction at the local level have not yet met the conditions to perform their tasks, upon receiving a request from the investor, the agency authorized to delegate powers shall guide the investor to submit the dossier to the specialized agency responsible for construction before this Decree takes effect to continue the process.

Article 31. Responsibilities of Ministries, ministerial-level agencies, and local authorities

1. Ministry of Construction

a) Take the lead and coordinate with ministries, ministerial-level agencies, and related agencies to organize the implementation of the division of authority as prescribed in this Decree; guide, inspect, and supervise provincial People's Committees in the implementation of tasks as prescribed in this Decree and relevant laws;

b) Report to the Ministry of Home Affairs and the Government Office on the implementation of this Decree, the results of the division of authority according to the two-tier local administrative model;

2. Ministries, ministerial-level agencies, and related agencies shall cooperate with the Ministry of Construction to guide provincial People's Committees on the implementation of their assigned functions and tasks as prescribed in this Decree and relevant laws in accordance with their functions, duties, and powers;

3. Local People's Committees at all levels

a) Provincial People's Committees are responsible for implementing the tasks and powers assigned under this Decree; direct and guide communal People's Committees in implementing their tasks and powers as prescribed in this Decree; carry out inspections and supervision over the division of authority as prescribed by law. In case of difficulties or issues arising during the implementation, report to relevant ministries and sectors for timely resolution;

b) Communal People's Committees are responsible for organizing the implementation of their assigned tasks and powers as prescribed in this Decree;

Article 32. Transitional Provisions

1. Documents and papers issued and granted by competent authorities before the restructuring of state apparatus that have not yet expired or reached their usage period shall continue to be applied and used in accordance with the law until their expiration or modification, supplementation, replacement, abolition, cancellation, or recovery by the receiving authorities or persons with competence;

2. Administrative procedures and files of district-level administrative bodies currently being processed for individuals, organizations, and businesses that have not been completed by July 1, 2025, or were completed before July 1, 2025 but subsequently require further handling, the Chairman of the provincial People's Committee has the authority and responsibility to assign the commune-level administrative body where the individual resides or the organization or business's transaction office to continue processing to ensure uninterrupted work and no impact on normal social activities, citizens, and businesses; if the content of the administrative procedures and files involves two or more newly formed communes or is complex, the Chairman of the provincial People's Committee has the authority and responsibility to directly handle or assign specialized agencies or other administrative bodies under his own People's Committee to continue processing to ensure uninterrupted work and no impact on normal social activities, citizens, and businesses;

3. Transitional provisions regarding the division of authority in the field of investment construction activities

a) For investment construction projects managed by district People's Committees in accordance with Article 121 of Decree No. 175/2024/NĐ-CP dated December 30, 2024, of the Government before the effectiveness of this Decree, the authority to implement such management will be transferred to communal People's Committees or construction management agencies under communal People's Committees in the project area;

b) For cases where the provincial People's Committee delegated or authorized district People's Committees to issue construction permits before the effectiveness of this Decree, the provincial People's Committee decides whether to implement directly or delegate or authorize communal People's Committees to issue construction permits;

c) Specialized project management boards and regional project management boards established by district People's Committees before the effectiveness of this Decree are managed by the provincial People's Committee; based on specific conditions of the locality, the provincial People's Committee decides or assigns agencies or organizations to reorganize or dissolve specialized project management boards and regional project management boards established by district People's Committees in accordance with the law on public service units; for projects currently being implemented by specialized project management boards and district-level project management boards, the provincial People's Committee decides to transfer the management of the project to specialized project management boards and regional project management boards established by itself or decides to adjust the form of project management to ensure uninterrupted project management, construction works, and construction quality;

d) The approval documents for construction sites issued by district People's Committees as stipulated in Clause 9, Article 53 of Decree No. 175/2024/NĐ-CP dated December 30, 2024, of the Government shall continue to be used as legal documents for land to issue construction permits;

4. Transitional provisions concerning housing development programs and plans

a) In cases of provincial administrative boundary adjustments due to mergers, continue to implement the provincial housing development program approved by each locality prior to the merger until the new post-merger provincial housing development program is approved;

b) In cases where the provincial housing development plan of each locality prior to the merger has been approved, continue to implement it until the plan is adjusted according to the new post-merger provincial housing development program.

c) For localities that have not approved the provincial housing development plan for the period of 2026-2030, they shall carry out the construction and approval of the provincial housing development plan in accordance with the provisions of this Decree. The procedures for constructing and approving housing development programs and plans as stipulated in Clause 1, Article 10 and Clause 1, Article 11 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be implemented in accordance with the provisions of Clause 2, Article 10 and Clause 2, Article 11 of this Decree after this Decree takes effect.

d) In cases where the provincial housing development plan for the period of 2026-2030 has not been approved, only the assessment of compliance with the approved provincial housing development program shall be required to implement related procedures that require such compliance.

5. Transitional provisions regarding the content on urban development programs

For urban development programs that have been approved by competent authorities before the effective date of this Decree, they shall continue to be implemented until new regulations on urban development programs are issued by competent authorities.

6. Transitional provisions regarding the content on the delineation of authority in the field of architecture

a) In cases where lists of architectural works of value and architectural management regulations have been approved by competent authorities, they shall continue to be applied and used in accordance with the law until their expiration or modification, supplementation, or replacement as prescribed.

b) In cases where lists of architectural works of value and architectural management regulations have been reviewed and approved by the Review Board or the People's Council but not yet approved within the jurisdiction of the Provincial People's Committee, the Provincial People's Committee shall base its actions on the review results or the opinions of the People's Council to continue implementation.

c) In cases where rural community architectural management regulations have been reviewed and approved by the Review Board or the People's Council but not yet approved within the jurisdiction of the District People's Committee, the Commune People's Committee shall base its actions on the review results or the opinions of the People's Council to continue implementation within its management scope.