This Decree stipulates decentralization and delegation in the field of state management by the Ministry of Construction, including tasks and authorities related to construction, transportation, and real estate. Designated agencies and authorized persons shall perform specific tasks with specified deadlines and procedures.
적용 범위
Central state agencies, local governments, social-professional organizations, and enterprises operating in the fields of construction, transportation, and real estate.
핵심 사항
- Provincial Construction Departments shall exercise the authority to issue certificates of competence for construction activities, conduct examinations, and issue practice certificates.
- The People's Committee of the province decides on the investment policy for public housing projects and the purchase of commercial housing for public housing purposes.
- The authority of the People's Committee of the province to lease commercial housing for public housing purposes, manage construction investment costs, review feasibility studies, and design construction.
- The Ministry of Construction does not undertake certain tasks such as obtaining unified opinions on new building material production projects or expanding asbestos cement sheet production facilities.
- The Construction Department manages real estate business activities, organizes examination and certification for real estate brokers.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing administrative burdens for businesses, increasing local initiative in state management.
- Negative impact: It may cause difficulties in implementing large projects related to national defense, security, and high technology if there is no close coordination among levels of government.
❓ 자주 묻는 질문
Which agency exercises the authority to issue certificates of competence for construction activities?
Provincial Construction Departments exercise this authority.
Who decides on the investment policy for public housing projects?
The Minister of Construction and the Ministers of National Defense and Public Security.
What is the time frame for considering and deciding on the investment policy for projects according to the law on public investment?
There is no specific timeframe.
What tasks related to building material management does the Ministry of Construction not undertake?
Obtaining the opinion of the Ministry of Construction before approving the investment policy for building material production projects.
What responsibilities does the Construction Department have in the real estate business sector?
Publishing information on real estate trading platforms, organizing examination and certification for real estate brokers.
전문
|
THE GOVERNMENT _________ Number: 144/2025/NĐ-CP |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness _______________________________________ Hanoi, June 12, 2025 |
DECREE
Regarding the delegation and decentralization in
the field of state administration of the Ministry of Construction
_____________
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;
The Government issues this Decree to regulate the delegation and decentralization in the field of state administration of the Ministry of Construction.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates the authority, procedures, and processes for implementing tasks and powers of agencies and authorized persons in the field of state administration of the Ministry of Construction as prescribed by laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and decisions of the Prime Minister, which need adjustment to implement delegation and decentralization.
Article 2. Principles of decentralization and delegation
1. General principles
a) Ensuring compliance with the Constitution; consistent with the principles and provisions on decentralization and delegation under the Law on Organization of the Government and the Law on Local Administration;
b) Ensuring thorough decentralization of tasks between central government agencies and local authorities, ensuring the unified management authority of the Government, the executive power of the head of the Government over the construction, transportation, and management fields, and promoting the initiative, creativity, and responsibility of local authorities in performing state management tasks in the construction and transportation fields;
c) Ensuring that the Government, the Prime Minister, ministries, and ministerial-level agencies focus on macro-level state management tasks; building coherent and unified systems, strategies, plans, playing a constructive role, and strengthening inspection, supervision, and monitoring;
d) Promoting decentralization and clearly defining the authority of 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 their Chairpersons; ensuring consistency with the tasks, powers, and capabilities of agencies and authorized individuals assigned such responsibilities;
e) Implementing decentralization and delegation among related sectors and fields in a comprehensive, integrated, interconnected manner without omission or overlap of tasks; ensuring a legal basis for the continuous and smooth operation of agencies; preventing work interruptions, overlapping, duplication, or omission of functions, tasks, fields, or areas;
f) Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and fulfill their obligations according to the law, and not affecting the normal activities of society, citizens, and businesses;
g) Ensuring that it does not affect the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party;
h) Resources for implementing delegated and decentralized tasks shall be guaranteed by the State budget as prescribed.
In addition to general principles, decentralization and delegation in the field of state administration of the Ministry of Construction shall thoroughly delegate to local authorities and retain at the central level only matters involving inter-provincial, inter-regional, or international issues; national defense and security, national sovereignty; highly specialized technical matters or related to important national projects or key technological projects; and those required by international treaties to which Vietnam is a party.
Article 3. On Fees and Charges
Organizations and individuals who must pay fees and charges for administrative procedures as prescribed by laws on fees and charges shall pay such fees and charges when submitting requests for administrative procedures to the receiving agency, except where exemptions apply as provided by law. The payer may choose to pay fees and charges directly, online through the National Public Service Portal, or via the Ministry or provincial-level administrative procedure resolution system.
Chapter II
DELEGATION
Section 1
DELEGATION IN THE CONSTRUCTION FIELD
Article 4. Tasks and authorities in the field of investment construction activities
1. The authority to issue certificates of capacity for construction activities, examination, and issuance of certificates of practice in construction activities as stipulated in Clause 4, Article 148, Clause 3, Article 149 of the Construction Law 2014 (amended and supplemented in 2020), Clause 1, Article 77, Clause 1, Article 96 of Decree No. 175/2024/NĐ-CP dated December 30, 2024 of the Government detailing certain provisions and measures to implement the Construction Law on construction activity management shall be carried out by the Construction Departments of provinces and cities (hereinafter referred to collectively as the Construction Departments).
2. The responsibility to organize and review awards for quality construction projects as stipulated in Clause 4, Article 162 of the Construction Law 2014 (amended and supplemented in 2020), Clause 3, Article 8 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on quality management, construction works, and maintenance of construction projects shall be carried out by the People's Committees of provinces.
Article 5. Tasks and authorities in the field of housing
1. Authority to decide on the investment policy for projects to construct public service housing or to decide on the investment policy and investment decision for projects to purchase commercial housing for public service housing
a) The authority to decide on the investment policy for projects to construct public service housing as stipulated in Point a, Clause 1, Article 42 of the Housing Law 2023 and the investment policy decision and investment decision for projects to purchase commercial housing for public service housing as stipulated in Point a, Clause 2, Point a, Clause 3, Article 43 of the Housing Law 2023 shall be carried out by the Minister of Construction;
b) The authority to decide on the investment policy for projects to purchase commercial housing for public service housing as stipulated in Point b, Clause 2, Article 43 of the Housing Law 2023 shall be carried out by the Minister of National Defense and the Minister of Public Security;
c) Not to implement the provision of seeking the agreement of the Ministry of Construction as stipulated in Point b, Clause 1, Article 42, Point b, Clause 3, Article 43 of the Housing Law 2023.
2. Authority to lease commercial housing for public service housing
a) The authority to lease commercial housing for public service housing allocated for central agencies' personnel as stipulated in Point a, Clause 4, Article 43 of the Housing Law 2023 shall be carried out by the Ministry of Construction; not to report to the Prime Minister for consideration and decision;
b) The authority to lease commercial housing for public service housing allocated for personnel of the people's armed forces as stipulated in Point b, Clause 4, Article 43 of the Housing Law 2023 shall be carried out by the Ministry of National Defense and the Ministry of Public Security; not to report to the Prime Minister for consideration and decision.
3. The authority to decide on the project investor for projects to construct housing to serve resettlement for national key projects as stipulated in Point a, Clause 3, Article 51 of the Housing Law 2023 shall be carried out by the People's Committee of the province.
4. The authority to approve the proposal to sell social housing and housing for the people's armed forces under state assets as stipulated in Clause 2, Article 125 of the Housing Law 2023 shall be carried out by the representative of the owner of housing under state assets; not to send to the Ministry of Construction for review and report to the Prime Minister for decision.
5. Regarding the conversion of housing functions
a) The authority to decide on other cases allowed to convert housing functions as stipulated in Point d, Clause 1, Article 124 of the Housing Law 2023 shall be carried out by the representative of the owner of housing under state assets for housing under state assets; by the People's Committee of the province for housing not under state assets;
b) The authority to approve the conversion of housing functions as stipulated in Point c, Clause 2, Article 124 and Clause 8, Article 191 of the Housing Law 2023 shall be carried out by the representative of the owner of housing under state assets for housing under state assets; by the People's Committee of the province for housing not under state assets.
6. Not to implement the public announcement of the list of units meeting the conditions for managing and operating apartment buildings on the Ministry of Construction's online portal as stipulated in Clause 14, Article 191 of the Housing Law 2023.
Article 6. Tasks and authorities in the field of real estate business
1. The responsibilities of provincial state management agencies for real estate business as stipulated in Clause 4, Article 24, Clause 7, Article 31, Point a, Clause 1, Point a, Clause 2, Article 42, Clause 3, Article 54, Clause 8, Article 56, Clause 1, Article 60, Point d, Clause 1, Article 61, Clause 2, Article 67 of the Law on Real Estate Business 2023 shall be carried out by the Department of Construction.
2. The approval for the transfer of the entire or part of a real estate project as stipulated in Point a, Clause 2, Article 41 of the Law on Real Estate Business 2023, Article 10, Article 11 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Law on Real Estate Business shall be implemented by the People's Committee of the province.
3. The procedures for transferring the entire or part of a real estate project shall be carried out in accordance with the provisions set forth in Item 1 of Appendix I attached to this Decree.
4. There shall be no implementation of the procedure to announce meeting conditions for sale or lease purchase of the floor area of construction works formed in the future for business as stipulated in Clause 4, Clause 8, Article 24 of the Law on Real Estate Business 2023.
Section 2
DELEGATION OF AUTHORITY IN THE FIELD OF TRANSPORT
Article 7. Tasks and authorities in the field of road transport
1. The authority to approve the planning of the road network, infrastructure planning for roads; the authority to allocate national highways based on the proposal of the provincial People's Committee to meet economic and social development needs, ensure national interests, defense, security, and local resource allocation capacity as stipulated in Point c, Clause 1, Point c, Clause 2, Article 5, Clause 4, Article 8 of the Road Law 2024 shall be carried out by the Minister of Construction.
2. The procedures for drafting, reviewing, approving, announcing, organizing implementation, evaluating, and adjusting the planning of the road network, infrastructure planning for roads shall be carried out in accordance with the provisions set forth in Appendix II attached to this Decree.
Article 8. Tasks and authorities in the field of maritime affairs
1. The authority to classify ports and announce the list of ports; the authority to approve the overall planning for the development of the port system; the authority to approve detailed planning for groups of ports, wharfs, piers, mooring buoys, water areas, and water zones; the authority to approve detailed planning for the development of land and water areas of ports; the authority to approve the development planning for the inland container terminal system as stipulated in Clause 2, Article 75, Clause 1, Article 82, Clause 4, Article 82a, Clause 3, Article 102 of the Maritime Code of Vietnam 2015 (amended and supplemented in 2018) shall be carried out by the Minister of Construction.
2. The authority to detail the distance and protection range of maritime works as stipulated in Clause 3, Article 126 of the Maritime Code of Vietnam 2015 shall be carried out by the Minister of Construction.
3. The procedures for drafting, reviewing, approving, announcing, organizing implementation, evaluating, and adjusting the overall planning for the development of the port system; detailed planning for groups of ports, wharfs, piers, mooring buoys, water areas, and water zones; detailed planning for the development of land and water areas of ports; planning for the development of the inland container terminal system shall be carried out in accordance with the provisions set forth in Appendix II attached to this Decree.
Article 9. Tasks and Authorities in the Field of Inland Waterway Transport
1. The authority to define the scope of the protection zone for waterways as stipulated in Clause 4, Article 16 of the Law on Inland Waterway Transport 2004 shall be exercised by the Minister of Construction.
2. The authority to approve the planning of infrastructure for inland waterway transport as stipulated in Clause 3, Article 10 of the Law on Inland Waterway Transport 2004 (amended and supplemented in 2018) shall be exercised by the Minister of Construction.
3. Reporting inland waterway transport incidents as stipulated in Clause 2, Article 35a of the Law on Inland Waterway Transport 2004 (amended and supplemented in 2014) must be carried out at one of the nearest inland waterway traffic police agencies or People's Committees where the accident or incident occurred.
4. The procedures for drafting, reviewing, and approving the planning of infrastructure for inland waterway transport shall be implemented according to the provisions set forth in Appendix II accompanying this Decree.
Chapter III
CLASSIFICATION IN THE CONSTRUCTION FIELD
Section 1
CLASSIFICATION IN THE FIELD OF INVESTMENT IN CONSTRUCTION
Article 10. Tasks and Authorities in Managing Construction Activity Capacity
1. Regarding recognition, suspension, and revocation of decisions recognizing social-professional organizations eligible to issue construction practice certificates
a) The authority to accept applications; examine, inspect material conditions, contents declared, and decide on recognition or notify insufficient/unmet conditions, and publish the decision on recognition as stipulated in Clause 3, Article 92 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee where the social-professional organization has its main office.
b) The authority to suspend and revoke decisions recognizing social-professional organizations eligible to issue construction practice certificates and inspect the results of rectification before reissuing the recognition decision as stipulated in Article 93 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee that issued the decision recognizing the social-professional organization eligible to issue construction practice certificates.
c) The procedures, formalities, and documents for recognizing, suspending, and revoking decisions recognizing social-professional organizations eligible to issue construction practice certificates shall be carried out according to the provisions of Clause 3, Article 92 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government.
The time limit for processing the recognition of social-professional organizations eligible to issue construction practice certificates or notifying insufficient/unmet conditions for issuing construction practice certificates as stipulated in Point b, Clause 3, Article 92 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall not exceed 14 days from the date of receiving complete and valid documents.
2. Regarding recognition, suspension, and revocation of decisions recognizing social-professional organizations eligible to issue construction capacity certificates
a) The authority to accept applications; examine and issue decisions on recognition or notification for cases with incomplete or invalid documents as stipulated in Clause 3, Article 111 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee where the social-professional organization has its main office.
b) The authority to suspend and revoke decisions recognizing social-professional organizations eligible to issue construction capacity certificates and inspect the results of rectification before reissuing the recognition decision as stipulated in Article 112 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee that issued the decision recognizing the social-professional organization eligible to issue construction capacity certificates.
c) The procedures, formalities, and documents for recognizing, suspending, and revoking decisions recognizing social-professional organizations eligible to issue construction capacity certificates shall be carried out according to the provisions of Clause 3, Article 111 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government.
The time limit for processing the recognition of social-professional organizations eligible to issue construction capacity certificates or notifying insufficient/unmet conditions for issuing construction capacity certificates as stipulated in Point b, Clause 3, Article 111 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall not exceed 14 days from the date of receiving complete and valid documents.
3. Some Contents on Managing Construction Activity Capacity
a) Publicizing the list of individuals granted practice certificates and organizations granted capacity certificates on their own websites; implementing online procedures for granting capacity certificates as stipulated in Clause 9, Article 73 and Clause 9, Article 94 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by specialized agencies under the Provincial People's Committee.
b) Deciding to revoke practice certificates and capacity certificates for construction activities when the competent authority does not carry out the revocation as stipulated in Point b, Clause 2, Article 77 and Clause 3, Article 96 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee.
c) The authority to revoke construction activity permits for foreign contractors as stipulated in Point b, Clause 2, Article 118 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be carried out by the Provincial People's Committee.
The procedures for revoking construction activity permits for foreign contractors shall be carried out according to the provisions of Clause 3, Article 118 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government.
d) The time limit for issuing and adjusting construction activity permits for foreign contractors as stipulated in Clause 1, Article 117 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall not exceed 10 days from the date of receiving complete and valid documents.
The time limit for revoking construction activity permits for foreign contractors as stipulated in Point a, Clause 3, Article 118 of Decision No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall not exceed 07 days from the date of receiving inspection conclusions or supervisory documents from state management agencies on construction.
The time to reissue the construction business operation permit for foreign contractors in cases where errors made by the construction business operation permit issuing authority are recorded as specified in Point d Clause 3 Article 118 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be a maximum of three days from the date of receipt of the revoked construction business operation permit.
d) The time to process the conversion of professional certificates for individuals as stipulated in Clause 2 Article 73 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be a maximum of fifteen days from the date of receipt of complete and valid application files in accordance with regulations.
The time to revoke professional certificates for construction activities and construction activity capability certificates as stipulated in Point a Clause 6 Article 76 and Point a Clause 2 Article 100 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be a maximum of seven days from the date of receipt of the inspection and audit conclusions issued by the competent authority.
The time to issue new construction activity capability certificates as stipulated in Point b Clause 1 Article 100 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be a maximum of fourteen days from the date of receipt of complete and valid application files in accordance with regulations.
The time to reissue construction activity capability certificates as stipulated in Point b Clause 1 Article 100 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be a maximum of seven days from the date of receipt of complete and valid application files in accordance with regulations.
Article 11. Tasks and Authorities Regarding the Review of Feasibility Study Reports and Design Documents Implemented After Basic Design
1. On the review of feasibility study reports for investment construction projects
a) The authority to review feasibility study reports for investment construction projects of special-grade works, projects in the aviation, railway, and maritime sectors as specified in Point a Clause 3 Article 16 and Point b Clause 4 Article 16 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the construction management agency under the provincial People's Committee for investment construction projects within the administrative territory of the province.
b) Construction management agencies under ministries managing specialized construction works shall not conduct reviews for investment construction projects involving Grade I works as specified in Clause 10 Article 16 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
c) The procedures, formalities, documents, and procedural forms for reviewing feasibility study reports for investment construction projects shall be implemented according to the provisions of Article 17, Article 19, and Appendix I promulgated together with Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
2. On the review of design documents implemented after basic design
a) The authority to review design documents implemented after basic design for works of special-grade projects, works of projects in the aviation, railway, and maritime sectors as specified in Point a Clause 2 Article 44 and Point b Clause 3 Article 44 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government shall be carried out by the construction management agency under the provincial People's Committee for investment construction projects within the administrative territory of the province.
b) Construction management agencies under ministries managing specialized construction works shall not conduct reviews for investment construction projects involving Grade I works as specified in Clause 7 Article 44 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
c) The procedures, formalities, documents, and procedural forms for reviewing design documents implemented after basic design shall be implemented according to the provisions of Article 45, Article 47, and Appendix I promulgated together with Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
3. On the authority to review or provide opinions on technology for investment construction projects using restricted transfer technologies or projects with potential negative environmental impacts using technology as stipulated in Article 20 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government
a) For projects funded by public investment capital: The ministry managing the sector or field shall lead the review of technology for projects decided to be invested in by the Prime Minister, and projects decided to be invested in by the minister managing the sector or field; the construction management agency under the provincial People's Committee (hereinafter referred to as the construction management agency under the provincial People's Committee) shall lead the review of technology for the remaining projects in accordance with the Law on Technology Transfer.
b) For projects funded by state capital other than public investment capital: The ministry managing the sector or field shall lead and coordinate with the Ministry of Science and Technology to provide opinions on technology for projects decided to be invested in by the Prime Minister, and projects decided to be invested in by the minister managing the sector or field; the construction management agency under the provincial People's Committee shall lead and coordinate with the science and technology management agencies, relevant agencies, and organizations to provide opinions on technology for the remaining projects in accordance with the Law on Technology Transfer.
c) For projects funded by other capital: The ministry managing the sector or field shall lead and coordinate with the Ministry of Science and Technology to provide opinions on technology for projects approved for investment by the National Assembly or the Prime Minister; the construction management agency under the provincial People's Committee shall lead and coordinate with the science and technology management agencies, relevant agencies, and organizations to provide opinions on technology for the remaining projects in accordance with the Law on Technology Transfer.
4. The construction management agency shall conduct reviews of feasibility study reports for investment construction projects and design documents implemented after basic design as stipulated in Point c, Point d Clause 2 Article 16 and Point c, Point d Clause 1 Article 44 Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government for projects involving works that significantly impact public safety and interests listed in Appendix III promulgated together with this Decree.
Article 12. Tasks and Authorities on Management of Construction Investment Costs
1. Regarding the implementation of certain tasks in managing construction investment costs
a) The authority to publish consumption norms and basic data for calculating machine rates for types of machines and specialized equipment under the management scope not yet published as stipulated in Clause 3, Article 40 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on the management of construction investment costs shall be carried out by specialized construction project management ministries; the results shall be reported to the Ministry of Construction for consolidation and management.
b) Not implementing the provision on publishing local construction unit prices as stipulated in Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
c) The authority to publish comprehensive construction prices and investment capital rates as stipulated in Clause 1, Article 26 and Clause 3, Article 40 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government shall be carried out by the Ministry of Construction; specialized construction project management ministries and provincial People's Committees shall organize its implementation within their management scope (if necessary).
d) The authority to organize the preparation, review, and approval of project preparation cost estimates; the authority to review and approve cost estimates for hiring foreign consultants as stipulated in Clause 3, Article 10 and Clause 4, Article 32 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government shall be carried out by the agency or organization assigned the task of preparing the project or the investor (in cases where the investor has been identified).
2. Regarding soliciting opinions and reporting
a) Not implementing the provision on soliciting opinions on methods and bases for establishing consumption norms, the appropriateness of the calculation results of budget estimate consumption components as stipulated in Clause 7, Article 20 and Point c, Clause 4, Article 22 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
b) Not implementing the provision on soliciting opinions on new budget estimate consumption norms and adjusted budget estimate consumption norms as stipulated in Clause 6, Article 21 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
c) Not implementing the provision on soliciting unified opinions on the method for determining demolition and explosive clearance cost estimates as stipulated in Clause 2, Article 43 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
d) Not implementing the provision on reporting to the investment decision-maker regarding adjustments to construction project cost estimates as stipulated in Clause 4, Clause 5, Article 15 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
đ) Not implementing the provision on soliciting opinions on construction price indices for adjusting construction contracts as stipulated in Clause 4, Article 27 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government.
Article 13. Tasks and Authorities on Management of Construction Quality
1. The inspection of acceptance work for special-grade projects, projects in the aviation, railway, and maritime sectors within the province’s territory as stipulated in Point b, Clause 2 and Point b, Clause 2a, Article 24 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government (amended and supplemented by Decrees No. 35/2023/NĐ-CP dated June 20, 2023 and No. 175/2024/NĐ-CP dated December 30, 2024 of the Government) shall be carried out by the construction-related department under the provincial People's Committee.
2. The evaluation of project safety, handling of projects showing signs of danger and not ensuring safe operation and use, and handling of projects that have exceeded their design service life located in two or more provinces as proposed by the investor, owner, or project manager; announcing the expiration of the service life of construction projects as stipulated in Articles 38, 39, 40, and 41 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government shall be carried out by the provincial People's Committee.
3. The provincial People's Committee shall organize the establishment and issuance of maintenance and repair norms not included in the list of norms issued by the Ministry of Construction and specialized construction project management ministries as stipulated in Point đ, Clause 1 and Point c, Clause 2, Article 52 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government; the results shall be reported to the Ministry of Construction and specialized construction project management ministries for consolidation and management.
Article 14. Tasks and Authorities in Managing Construction Materials
1. On the authority to stipulate certain areas of construction material management
a) The authority to stipulate the phased reduction and elimination of production facilities for construction materials with outdated technology, high raw material consumption, high energy usage, and environmental pollution, as specified in Clause 3, Article 5 of Decree No. 09/2021/NĐ-CP dated February 9, 2021 of the Government on managing construction materials, shall be implemented by the Minister of Construction.
b) The authority to stipulate the phased use of non-fired bricks, resource-saving, energy-efficient, environmentally friendly construction materials, and domestically produced construction materials for construction projects funded by public investment capital and state capital outside of public investment, as specified in Clause 2, Article 7 of Decree No. 09/2021/NĐ-CP dated February 9, 2021 of the Government, shall be implemented by the Minister of Construction.
c) The authority to stipulate the phased restriction on new investments or expansion of production facilities for asbestos roofing sheets, as specified in Clause 5, Article 8 of Decree No. 09/2021/NĐ-CP dated February 9, 2021 of the Government, shall be implemented by the Minister of Construction.
2. Not to implement the requirement to seek the opinion of the Ministry of Construction before deciding to approve the investment proposal for construction projects producing construction materials as specified at point a, Clause 2, Article 6, and Clause 3, Article 12 of Decree No. 09/2021/NĐ-CP dated February 9, 2021 of the Government.
Section 2
CLASSIFICATION IN THE HOUSING AND REAL ESTATE SECTOR
Article 15. Tasks and Authorities in Deciding and Adjusting Investment Proposals for Construction Projects of Public Housing
1. The decision-making and adjustment of investment proposals for construction projects of public housing as specified at point a, Clause 2, and point a, Clause 4, Article 26 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Law on Housing shall be implemented by the Minister of Construction.
2. The dossier for requesting the decision-making and adjustment of investment proposals for construction projects of public housing includes:
a) A request for approval of the investment proposal for the construction project established according to Model No. 01 of Appendix III issued together with Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government;
b) An investment proposal report or a preliminary feasibility study report for investment construction in accordance with the laws on public investment and construction;
c) Other relevant documents (if any).
3. The procedures and formalities for deciding and adjusting investment proposals for construction projects of public housing shall be carried out as follows:
a) The Ministry of Construction assigns subordinate units responsible for housing management to prepare the dossier as stipulated in Clause 2 of this Article, submit it to the central competent authority on public investment for comments within a maximum period of 15 days from the date of receipt of the dossier by the Ministry of Construction;
b) After receiving the comments from the competent authority on public investment, the subordinate housing management agency under the Ministry of Construction completes the dossier, reports to the Ministry of Construction to establish an Appraisal Board to organize the appraisal, and submit to the Minister of Construction for consideration and decision on the investment proposal for the construction project of public housing.
4. The time limit for considering and deciding on the investment proposal shall be carried out in accordance with the laws on public investment.
Article 16. Tasks and Authorities Regarding Investment Decisions and Project Owners for Construction Projects of Official Housing
1. The tasks and authorities regarding investment decisions and project owners for construction projects of official housing as stipulated in point a, Clause 2, Article 27 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government shall be carried out by the Minister of Construction.
2. The application dossier for investment decisions and project owners for construction projects of official housing shall be implemented according to the provisions of Clause 1, Article 27 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
3. The procedures and formalities for investment decisions and project owners for construction projects of official housing shall be carried out as follows:
The Ministry of Construction shall instruct subordinate units responsible for managing housing to prepare the dossier as stipulated in Clause 2 of this Article, organize the review of the Feasibility Study Report of the project in accordance with construction laws, and complete the dossier to submit to the Minister of Construction for consideration and decision on investment and project owner.
4. The time limit for the Minister of Construction to consider and decide on investment and project owner for the project shall not exceed 15 days from the date of receipt of a complete and valid dossier.
Article 17. Tasks and Authorities Regarding Decision and Adjustment of Investment Policies for Purchasing Commercial Housing for Official Housing project to purchase commercial housing for civil servant housing
1. The tasks and authorities regarding decision and adjustment of investment policies for purchasing commercial housing for official housing as stipulated in points a, b of Clause 2 and points a, b of Clause 4, Article 28 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government shall be as follows:
a) The Minister of Construction shall implement for cases stipulated in point a of Clause 2 and point a of Clause 4 of Article 28 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government;
b) The Minister of National Defense and the Minister of Public Security shall implement for cases stipulated in point b of Clause 2 and point b of Clause 4 of Article 28 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
2. The application dossier for decision and adjustment of investment policies for purchasing commercial housing for official housing shall be prepared according to the provisions of Clause 1, Article 28 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
3. The procedures and formalities for deciding investment policies for purchasing commercial housing for official housing shall be carried out as follows:
a) The competent authority as stipulated in Clause 1 of this Article shall instruct subordinate units responsible for managing housing to prepare the report and dossier as stipulated in Clause 2 of this Article, send it to the central state management agency on public investment for comments within a maximum period of 15 days from the date of receipt of a complete and valid dossier, in accordance with the law on public investment;
b) After receiving comments from the central state management agency on public investment, the subordinate unit responsible for managing housing shall complete the dossier and submit it to the authorized person as stipulated in Clause 1 of this Article for consideration and decision on investment policy for purchasing commercial housing for official housing within a maximum period of 15 days from the date of receipt of a complete and valid dossier.
Article 18. Tasks and Authorities Regarding Investment Decisions for Purchasing Commercial Housing for Official Housing
1. The tasks and authorities regarding investment decisions for purchasing commercial housing for official housing as stipulated in points a, b of Clause 2, Article 29 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government shall be as follows:
a) The Minister of Construction shall implement for cases stipulated in point a of Clause 2 of Article 29 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government for projects decided on investment policy by the Minister of Construction;
b) The Minister of National Defense and the Minister of Public Security shall implement for cases stipulated in point b of Clause 2 of Article 29 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government for projects decided on investment policy by the Minister of National Defense and the Minister of Public Security.
2. The application dossier for investment decisions for purchasing commercial housing for official housing shall be prepared according to the provisions of Clause 1, Article 29 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
3. The procedures and formalities for investment decisions for purchasing commercial housing for official housing shall be carried out as follows:
a) The competent authority as stipulated in Clause 1 of this Article shall instruct subordinate units responsible for managing housing to prepare the dossier as stipulated in Clause 2 of this Article, send it to the central state management agency on public investment for comments within a maximum period of 15 days from the date of receipt of a complete and valid dossier, in accordance with the law on public investment;
b) After receiving comments from the central state management agency on public investment, the subordinate unit responsible for managing housing shall complete the dossier and submit it to the authorized person as stipulated in Clause 1 of this Article for consideration and decision on investment for purchasing commercial housing for official housing within a maximum period of 15 days from the date of receipt of a complete and valid dossier.
Article 19. Tasks and Authorities Regarding the Rental of Commercial Housing for Official Housing
1. The rental of commercial housing for official housing as stipulated in Clause 2 and Clause 3, Article 33 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out as follows:
a) The Ministry of Construction shall implement in cases as stipulated in Clause 2, Article 33 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government;
b) The Ministry of National Defense and the Ministry of Public Security shall implement in cases as stipulated in Clause 3, Article 33 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government.
2. The application dossier for renting commercial housing for official housing shall comply with point d, Clause 4, Article 43 of the Law on Housing 2023.
3. The procedures for renting commercial housing for official housing shall be carried out as follows:
a) The competent authority as stipulated in Clause 1 of this Article shall instruct subordinate units responsible for managing housing to prepare the report and dossier as stipulated in Clause 2 of this Article, submit for comments from relevant agencies, including financial agencies regarding the budget estimate for renting housing from the regular state budget within a maximum period of 15 days from the date of receiving complete valid documents according to regulations;
b) After obtaining comments from relevant agencies, the subordinate unit responsible for managing housing shall complete the dossier and submit it to the competent authority as stipulated in Clause 1 of this Article for consideration and decision on renting commercial housing for official housing within a maximum period of 15 days from the date of receiving complete valid documents according to regulations;
c) After obtaining approval from the competent authority as stipulated in Clause 1 of this Article, the subordinate unit responsible for managing housing shall be responsible for signing the lease contract with the owner of the commercial housing; the funding for rent payment shall be implemented according to the approval of the authorized person as stipulated in Clause 1 of this Article and the laws on the state budget;
d) After signing the lease contract for commercial housing, the subordinate unit responsible for managing housing shall accept the housing, sign the lease contract for official housing, and collect rent for official housing according to the laws on housing.
4. The funding for rent payment as stipulated in point b, Clause 4, Article 33 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be implemented according to the approval of the People's Committee at the provincial level and the laws on the state budget.
Article 20. Tasks and Authorities Regarding the Conversion of Housing Functions
1. The authority to convert the functions of housing that is state property and was constructed under a project and housing that is state property but not constructed under a project as stipulated in point a, Clause 1 and point a, Clause 2, Article 50 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be executed by the representative of the owner of the housing that is state property.
2. The application dossier for converting the functions of housing that is state property as stipulated in Clause 1 of this Decree shall be as follows:
a) A proposal for converting the function of housing shall be established according to Item 3 of Appendix I issued together with this Decree;
b) The plan for converting the function of housing shall include the following contents: address, quantity of housing to be converted; reasons and necessity for converting the function of housing, time frame for implementation, type of housing after conversion, management and usage plan after conversion (rental, sale with use-right purchase or sale according to the laws on housing or auction according to the laws on auction if it pertains to the case of allowing auction), responsibilities of related individuals, agencies, organizations, financial obligations (if any), and other related contents;
c) In the case of converting housing within a project, there must be a decision or approval for investment in the project by the competent authority, and acceptance documents for putting the housing into use according to construction laws; in the case of converting housing not constructed under a project, there must be a management and usage dossier for such housing.
3. The procedures for converting the functions of housing that is state property as stipulated in Clause 1 of this Article shall be carried out as follows:
a) The agency or subordinate unit responsible for managing housing that is state property shall establish one dossier as stipulated in Clause 2 of this Article and report to the representative of the owner of the housing requesting approval for conversion;
b) Within a maximum period of 5 days from the date of receiving the dossier, the representative of the owner of the housing shall review the dossier and issue a document seeking comments from relevant agencies (if necessary);
c) Within 15 days, relevant agencies shall provide their comments in writing to the representative of the owner;
d) The agency or subordinate unit responsible for managing housing shall compile the comments (if any) and submit them to the representative of the owner for consideration. Based on reviewing the dossier and the report from the agency or subordinate unit, if the dossier complies with the provisions of Clause 2 of this Article and meets the requirements of Article 49 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government, the representative of the owner of the state property shall issue a document approving the conversion of housing functions; if the conditions for converting housing functions are not met, the representative shall issue a document denying permission to convert housing functions;
đ) After receiving the approval document, the agency or subordinate unit responsible for managing housing shall be responsible for managing and using the housing according to the approved document and plan;
e) The time limit for implementing the procedures stipulated in this clause shall not exceed 30 days.
Article 21. Duties and authorities related to cases of conversion of residential functions as provided for in Point d, Clause 1, Article 124 of the Law on Housing 2023.
1. The authority to approve the conversion of residential functions in cases prescribed in Clause 1, Article 57 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be implemented as follows:
a) For housing that is state property, it shall be carried out by the representative of the owner of the housing that is state property.
b) For housing that is not state property, it shall be carried out by the People's Committee of the province.
2. The dossier, procedures, and formalities for approving the conversion of residential functions as provided for in Clause 1 of this Article shall be implemented as follows:
a) The dossier, procedures, and formalities for approving the conversion of residential functions as provided for in Point a, Clause 1 of this Article shall be implemented according to Clause 2 and Clause 3 of Article 20 of this Decree.
b) The dossier, procedures, and formalities for approving the conversion of residential functions as provided for in Point b, Clause 1 of this Article shall be implemented according to Section 2 of Appendix I attached to this Decree.
Article 22. Duties and authorities related to the management of funds received from leasing, lease-purchase, and sale of housing that is state property.
1. The provision requiring the agreement of the Ministry of Construction regarding the use of funds and the reinvestment in building housing by the Ministry of National Defense as stipulated in Clause 3, Article 60 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall not be implemented.
2. The responsibility to report to the Prime Minister as stipulated in Clause 3, Article 60 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the Ministry of National Defense.
Article 23. Duties and authorities related to announcing units meeting the conditions to manage and operate apartment buildings.
The housing management agency under the Ministry of Construction shall not carry out the acceptance, examination of dossiers, and announcement of units meeting the conditions to manage and operate apartment buildings as provided for in Clause 1 and Clause 2, Article 85 of the Law on Housing 2023.
Article 24. Duties and authorities related to the establishment and approval of the Plan for selling social housing that is state property currently being leased.
1. The Ministry of Construction shall not conduct the review of the Plan for selling social housing that is state property currently being leased, nor accept reports, examine the use of funds, and report to the Prime Minister regarding the reinvestment in building social housing as stipulated in Clause 2 and Clause 4, Article 54 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government detailing certain provisions of the Law on Housing concerning the development and management of social housing.
2. The authority to approve the Plan for selling social housing that is state property and housing for the people's armed forces that is state property as provided for in Clause 5, Article 54 of Decree No. 100/2024/NĐ-CP dated July 26, 2024 of the Government shall be carried out by the representative of the owner of the housing; the Prime Minister shall not consider and decide on this matter.
3. The dossier for the Plan for selling social housing and housing for the people's armed forces that is state property includes:
a) A proposal (the necessity, legal basis, current status of housing, contents as prescribed in Point a of this Clause, proposals, recommendations).
b) A draft Plan including the following contents: address of housing; number of housing units; reasons for sale; target groups and conditions for purchasing housing; implementation period; estimated selling price and expected revenue; management and utilization plan for revenue from the sale of housing.
4. The procedures and formalities for establishing and approving the Plan for selling social housing and housing for the people's armed forces that is state property as provided for in Clause 4, Article 5 of this Decree are specified as follows:
a) The agency or unit directly responsible for managing social housing and housing for the people's armed forces that is state property shall prepare one dossier as prescribed in Clause 3 of this Article and report to the representative of the owner of the housing for consideration and approval.
b) Within a maximum of five days from the date of receipt of the dossier, the representative of the owner of the housing shall examine the dossier and seek opinions from relevant agencies within ten days (if necessary).
c) The housing management agency shall incorporate feedback, explain, and complete the Plan within fifteen days to submit to the representative of the owner of the housing for consideration and decision. The approval time for the Plan is five days from the date the Plan dossier meets the requirements stipulated by the law on housing.
Article 25. Tasks and Authorities for Registering Real Estate Trading Floor Operations
1. The posting of information by real estate trading floors after obtaining the business operation permit as stipulated in Clause 3, Article 14 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Law on Real Estate Business shall be carried out by the Construction Department.
2. The procedures and formalities for posting information by real estate trading floors after obtaining the business operation permit as stipulated in Clause 1 of this Article shall be implemented as follows:
After obtaining the Business Operation Permit in accordance with Article 14 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government, the Construction Department shall be responsible for posting information about the real estate trading floor on the local electronic information website. Information about the real estate trading floor includes: name of the real estate trading floor; name of the enterprise establishing the real estate trading floor; name of the person managing and operating the real estate trading floor; address and contact phone number of the real estate trading floor. At the same time, it shall update the information into the system of information and database on housing and the real estate market as prescribed in Decree No. 94/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Law on Real Estate Business regarding the construction and management of the system of information and database on housing and the real estate market.
3. The Construction Department shall not undertake the task of notifying in writing to the Ministry of Construction about the revocation of the Business Operation Permit, termination, or suspension of operations of the real estate trading floor as provided for in point a, point b of Clause 4 and point c of Clause 5, Article 17 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government.
Article 26. Responsibilities for State Management of Real Estate Business
1. The responsibilities of provincial state management agencies for real estate business as stipulated in Clause 4, Article 24; Clause 7, Article 31; point a, Clause 1; point a, Clause 2, Article 42; Clause 3, Article 54; Clause 8, Article 56; Clause 1, Article 60; point d, Clause 1, Article 61; Clause 2, Article 67 of the Law on Real Estate Business 2023; Clause 4, Article 24 of Decree No. 94/2024/NĐ-CP dated July 24, 2024 of the Government; Clauses 4, 5, 9, Article 1; Clause 1, Clause 4, Article 8; Clause 1, Clause 3, Article 9; Clause 2, Clause 3, Clause 5, Article 11; Clause 1, Clause 3, Article 14; Clause 1, Clause 3, Clause 4, Clause 5, Article 17; Clause 2, Article 19; point c, Clause 1, Article 20; Annex XV, Annex XVI promulgated together with Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the Construction Department.
2. Responsibility for organizing examinations and issuing certificates for real estate brokerage practice
a) The responsibility of the People's Committee of the province for organizing examinations and issuing certificates for real estate brokerage practice as stipulated in Article 19; point a, Clause 1; point a, Clause 3, Article 20; Clause 4, Article 21; Clause 3, Article 27; Clause 2, Clause 3, Clause 4, Article 29; Clause 1, Clause 2, Article 30; point b, point c, Clause 2; Clause 3, Clause 6, Clause 8, Clause 9, Article 31; Clause 5, Article 32; Clause 2, Clause 3, Article 33 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the Construction Department;
b) The responsibility of the Chairman of the People's Committee of the province for organizing examinations and issuing certificates for real estate brokerage practice as stipulated in point b, Clause 5, Article 19; Clause 1; point b, point d, point đ, Clause 3, Article 20; point a, point b, Clause 2, Article 31 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the Director of the Construction Department;
c) The responsibility of the Deputy Chairperson of the Examination Board for issuing certificates for real estate brokerage practice as stipulated in point b, Clause 1, Article 20 and the responsibility stipulated in point c, Clause 1, Article 20 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government shall be carried out by the leader of the department responsible for managing the real estate market of the Construction Department.
3. The procedures for issuing certificates for real estate brokerage practice shall be carried out in accordance with Articles from 19 to 33 of Decree No. 96/2024/NĐ-CP dated July 24, 2024 of the Government.
Section 3
URBAN DEVELOPMENT,
INFRASTRUCTURE, ARCHITECTURE
Article 27. Tasks and Authorities in Urban Development
1. The decision on urban development areas within the administrative boundaries of two or more provinces and urban development areas with significant importance for security and national defense as stipulated in Article 8 and Clause 1 of Article 9 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 People's Committee of the province.
2. The submission to competent authorities for approval or approval within their authority of the contents specified in Clause 2 of Article 41 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 Ministry of Construction.
3. The assessment of proposals for urban development areas as specified in Clause 7 of Article 41 of Government Decree No. 11/2013/NĐ-CP dated January 14, 2013 shall not be implemented.
Article 28. Tasks and Authorities in Technical Infrastructure
1. The organization of selecting water supply units for urban water supply projects and industrial zones, and rural water supply projects with inter-provincial water supply areas involving the participation of related provinces as stipulated in point b and point c of Clause 6 of Article 29 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007 on the production, supply, and consumption of clean water shall be organized and implemented by the People's Committee of the province that has the water treatment plant or pumping station.
2. The unified state management over water supply activities throughout Vietnam as stipulated in Clause 1 of Article 60 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007 shall be carried out by the Ministry of Construction.
3. The authority to issue economic and technical norms for urban water supply and industrial zone water supply as stipulated in point c of Clause 2 of Article 60 of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007 shall be carried out by the People's Committee of the province.
4. The People's Committee of the province shall not implement the approval of the transfer price of individual grave plots and cemetery service prices, cremation service prices at cemeteries and crematoriums funded from non-state budget sources as stipulated in Clause 2 of Article 28 of Government Decree No. 23/2016/NĐ-CP dated April 5, 2016 on the construction, management, and use of cemeteries and crematoriums. The specialized agency under the People's Committee of the province shall provide opinions on the suitability of pricing plans (including pricing methods, input factors to determine costs, standards if applicable, pricing levels...) for the transfer price of individual grave plots and cemetery service prices, cremation service prices at cemeteries and crematoriums funded from non-state budget sources before the investor approves them.
5. The unified state management over underground urban construction space and the responsibility to guide the establishment of databases on underground urban structures as stipulated in Clause 1 of Article 3 and Clause 3 of Article 8 of Government Decree No. 39/2010/NĐ-CP dated April 7, 2010 on the management of underground urban spaces shall be organized and implemented by the People's Committee of the province within its jurisdiction.
Article 29. Tasks and Authorities in the Field of Architecture
1. Not implementing the provision of seeking the unified opinion of the Ministry of Construction on the urban architectural management regulations for special-class cities and first-class cities that are centrally governed cities as stipulated in Clause 4, Article 15 of the Law on Architecture 2019.
2. Provincial People's Committees shall not implement the requirement to submit to the same-level People's Councils for approval before adopting architectural management regulations and adjusting such regulations as prescribed in Clause 4, Article 14 and Clause 4, Article 15 of the Law on Architecture 2019.
Chapter IV
CLASSIFICATION IN THE FIELD OF TRANSPORTATION
Section 1
CLASSIFICATION IN THE FIELD OF ROAD TRANSPORTATION
Article 30. Tasks and Authorities Regarding the Training of Traffic Safety Inspectors, Inspector Certificates, and Ensuring Traffic Order and Safety
1. Approving business establishments conducting traffic safety inspector training within their jurisdiction, issuing, reissuing, and replacing traffic safety inspector certificates for road transport, receiving training plans and student lists from business establishments conducting traffic safety inspector training for road transport within their jurisdiction as stipulated in Articles 37, 39, 40, 41, and Clause 3, Article 44 of Decree No. 165/2024/NĐ-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 Law on Traffic Order and Safety on Roads shall be organized and implemented by the provincial People's Committee.
2. Implementing the tasks prescribed in Clause 1, Article 45 and receiving reports as prescribed in Point h, Clause 2, Article 45 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government shall be organized and implemented by the provincial People's Committee.
The business establishment conducting traffic safety inspector training for road transport must be an organization established in accordance with the law and meet the following conditions:
a) In terms of physical facilities: Having equipment for training, including listening and viewing devices, computers, and equipment for measuring the reflectivity of road signs.
b) In terms of teaching staff: Having at least 30% of the number of topics in the framework training program for traffic safety inspectors taught by permanent instructors; the qualifications of instructors are as prescribed in Clause 1, Article 38 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government.
4. Timeframe for Administrative Procedures
a) Approving business establishments conducting traffic safety inspector training as prescribed in Point c, Clause 4, Article 37 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government is five working days from the date all required documents are received;
b) Issuing traffic safety inspector certificates for road transport as prescribed in Point c, Clause 3, Article 39 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government is ten working days from the date all required documents are received.
Organizations and individuals wishing to submit applications may do so through one of the following methods: direct submission, postal service, or online via the public service portal to the competent authority. The procedures and processes for exercising the authority under Clause 1 of this Article and the receipt, examination of documents, and processing shall be carried out in accordance with the provisions of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government.
7. The model of the traffic safety inspector certificate for road transport shall be implemented according to Model No. 15 in Appendix IV attached to this Decree.
8. The provincial People's Committee shall not implement the requirement to seek opinions on the location, scale, and measures to ensure traffic order and safety from the road administration agency responsible for managing national highways in the area and the traffic police agency responsible for directing and controlling traffic on the route as prescribed in Point a, Clause 5, Article 29 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government.
9. The specialized agencies under the provincial People's Committee shall conduct reviews and approve traffic organization plans for expressways before they are put into operation and adjust traffic organization plans for expressways as prescribed in Point b, Clause 2, Article 26 of Decree No. 165/2024/NĐ-CP dated December 26, 2024 of the Government.
Article 31. Tasks and Authorities Related to Road Transport Activities
1. Issuing, reissuing the ASEAN International Road Transport Permit; issuing, reissuing the ASEAN Combined Transport Permit; issuing, reissuing the GMS International Road Transport Permit; issuing, reissuing the GMS Combined Transport Permit or the TAD book; issuing, reissuing the Combined Transport Permit between Vietnam, Laos, and Cambodia; issuing the first E-type and F-type, G-type Road Transport Permits in a year; announcing route exploitation, suspending operations on routes, replacing, supplementing, or suspending vehicles operating on regular passenger transport routes between Vietnam and China for routes deep within the territories of both countries; announcing route exploitation, suspending route exploitation, supplementing, replacing, suspending vehicles, adjusting frequency of runs on fixed passenger transport routes between Vietnam and Laos; issuing, reissuing the International Road Transport Permit between Vietnam and Cambodia; issuing, reissuing the Combined Transport Permit between Vietnam and Cambodia for commercial vehicles; announcing route exploitation, suspending route exploitation, adjusting frequency of runs, supplementing, replacing, or suspending vehicles exploiting fixed passenger transport routes between Vietnam and Cambodia as stipulated in Clause 3 of Article 30, Clause 3 of Article 32, Clause 3 of Article 35, Clause 3 of Article 37, Clause 4 of Article 40, Point a of Clause 4 of Article 45, Point a of Clause 3 of Article 50, Clause 3 of Article 56, Clause 3 of Article 57, Clause 4 of Article 59, Clause 3 of Article 62, Clause 1 of Article 63 of Decree No. 158/2024/ND-CP dated December 18, 2024 of the Government regarding road transport activities shall be organized and implemented by the People's Committee of the province.
2. The procedures for implementing the authorities under Clause 1 of this Article shall be carried out in accordance with the provisions of Decree No. 158/2024/ND-CP dated December 18, 2024 of the Government.
3. The time limit for administrative procedures under Clause 1 of this Article is one working day from the date of receipt of complete files in accordance with the regulations.
4. The People's Committee of the province shall organize the implementation of the responsibility for printing National Identification Marks and various types of permits as stipulated in Clause 1 of Article 63 of Decree No. 158/2024/ND-CP dated December 18, 2024 of the Government starting from January 1, 2026.
5. Regulations on Administrative Procedure Forms
a) The form of the ASEAN International Road Transport Permit shall be implemented according to Form No. 01 Appendix IV promulgated together with this Decree;
b) The form of the GMS International Road Transport Permit shall be implemented according to Form No. 02 Appendix IV promulgated together with this Decree;
c) The plan for exploiting regular passenger transport routes between Vietnam and China shall be implemented according to Form No. 03 Appendix IV promulgated together with this Decree;
d) The notification of exploiting/suspending operation/replacing/supplementing/suspending vehicles operating on regular passenger transport routes between Vietnam and China shall be implemented according to Form No. 04 Appendix IV promulgated together with this Decree;
đ) The plan for exploiting fixed passenger transport routes between Vietnam and Laos shall be implemented according to Form No. 05 Appendix IV promulgated together with this Decree;
e) The notification of exploiting fixed passenger transport routes between Vietnam and Laos shall be implemented according to Form No. 06 Appendix IV promulgated together with this Decree;
g) The notification of supplementing, replacing, or suspending vehicles exploiting fixed passenger transport routes between Vietnam and Laos shall be implemented according to Form No. 07 Appendix IV promulgated together with this Decree;
h) The notification of suspending exploitation of fixed passenger transport routes between Vietnam and Laos shall be implemented according to Form No. 08 Appendix IV promulgated together with this Decree;
i) The notification of adjusting the frequency of vehicle runs on fixed passenger transport routes between Vietnam and Laos shall be implemented according to Form No. 09 Appendix IV promulgated together with this Decree;
k) The form of the International Road Transport Permit between Vietnam and Cambodia shall be implemented according to Form No. 10 Appendix IV promulgated together with this Decree;
l) The plan for exploiting fixed passenger transport routes between Vietnam and Cambodia shall be implemented according to Form No. 11 Appendix IV promulgated together with this Decree;
m) The notification of exploiting/supplementing/replacing vehicles exploiting fixed passenger transport routes between Vietnam and Cambodia shall be implemented according to Form No. 12 Appendix IV promulgated together with this Decree;
n) The notification of suspending exploitation of routes and suspending vehicles exploiting fixed passenger transport routes between Vietnam and Cambodia shall be implemented according to Form No. 13 Appendix IV promulgated together with this Decree;
o) The notification of adjusting the frequency of vehicle runs on fixed passenger transport routes between Vietnam and Cambodia shall be implemented according to Form No. 14 Appendix IV promulgated together with this Decree.
Section 2
RAILWAY TRANSPORTATION SECTOR CLASSIFICATION
Article 32. Duties and Authorities for Management and Protection of Railway Infrastructure Structures
1. The decision to dismantle national railway lines, sections of lines, and railway stations shall be carried out by the Minister of Construction in accordance with Clause 2, Article 7 of Decree No. 56/2018/NĐ-CP dated April 16, 2018, issued by the Government on management and protection of railway infrastructure structures. shall be carried out by the Minister of Construction.
2. The decision to dismantle urban railway lines, sections of lines, and railway stations shall be carried out by the Chairman of the People's Committee of the province where the railway is located in accordance with Clause 2, Article 8 of Decree No. 56/2018/NĐ-CP dated April 16, 2018, issued by the Government.
3. The approval of existing operational railway tunnels that do not meet the tunnel protection zone as stipulated in Clause 1, Article 11 of Decree No. 56/2018/NĐ-CP dated April 16, 2018 of the Government shall be implemented by the Chairman of the People's Committee of the province where the railway passes through.
3. The approval for existing operational railway tunnels that do not meet the tunnel protection zone requirements as stipulated in Clause 1, Article 11 of Decree No. 56/2018/NĐ-CP dated April 16, 2018, issued by the Government shall be carried out by the Chairman of the People's Committee of the province where the railway passes through.
Article 33. Tasks and authorities related to railway transportation activities
4. The approval for telecommunications antenna facilities, information lines, power transmission lines, distances from the base of poles to the shoulder of the roadbed for undug and unraised roadbeds, the foot of the raised roadbed slope, the outer edge of bridge structure, information lines, and railway signal lines as stipulated in Point d, Clause 1, Article 28 of Decree No. 56/2018/NĐ-CP dated April 16, 2018, issued by the Government shall be carried out by the Chairman of the People's Committee of the province where the railway passes through.
Article 33. Duties and Authorities Related to Railway Transport Activities
1. The approval of the construction of level crossings as stipulated in Point a, Clause 2, Article 12 of Decree No. 65/2018/NĐ-CP dated May 12, 2018, issued by the Government detailing the implementation of certain provisions of the Law on Railways shall be carried out by the People's Committee of the province where the level crossing project is located for dedicated level crossings constructed on national railways and public level crossings managed, operated, and maintained by itself. The documents and procedures for approving the construction of level crossings include:
a) When establishing a project to construct a level crossing, the project investor is responsible for preparing one set of application documents including the request letter according to the model prescribed in Appendix V attached to this Decree and the plan of the area for constructing the level crossing;
b) The investor submits the documents directly or sends them via postal service or electronically to the competent authority for approval of the construction of the level crossing. In case of electronic submission, the application documents must include electronic copies of the documents specified in Point a of this clause and must be submitted through the Administrative Procedure Information System of the provincial or centrally-administered municipal People's Committees, the Ministry of Construction, or the National Public Service Portal;
c) Within two working days from the date of receiving complete and valid documents, the competent authority as stipulated in Clause 2 of this Article shall send a letter seeking opinions from relevant agencies and units; if the documents are incomplete or invalid, within two working days, they must issue a reply letter and guide the investor to complete the documents in accordance with this Decree;
d) Within five working days from the date of receiving the request for opinion, the relevant agencies and units must issue a reply letter; beyond this period, if there is no opinion, it will be considered as agreement, and the agency or unit must bear responsibility for its opinion;
đ) Within no more than ten working days from the date of receiving all documents as stipulated in Point a of this clause, the competent authority for approval of the construction of the level crossing must issue an approval letter according to the model prescribed in Appendix V attached to this Decree; in case of disapproval, they must issue a reply letter stating the reasons.
4. The examination, approval, and allocation of social welfare train operation plans; the examination of final accounts reports on expenses incurred for social welfare transportation tasks; reporting and deciding on support payments to enterprises as prescribed in point c, Clause 1 and point a, Clause 4 of Article 47 of Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government shall be carried out by the provincial People's Committee with a need for social welfare train operations.
Section 3
2. The decision to adjust the list of accessories, spare parts, materials, and specialized equipment for railways as stipulated in Clause 2, Article 17 of Decree No. 65/2018/NĐ-CP dated May 12, 2018, issued by the Government shall be carried out by the Minister of Construction.
INLAND WATER TRANSPORTATION
Article 34. Tasks and Authorities Regarding the Issuance of Import Permits for Marine Signal Devices
1. The issuance of Import Permits for Marine Signal Devices as stipulated in Clause 2 and Clause 3 of Article 23 of Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on Conditions for Providing Marine Safety Assurance Services shall be organized and implemented by the People's Committee of the province within their jurisdictional area.
2. The procedures for issuing Import Permits for Marine Signal Devices shall be carried out in accordance with the provisions set forth in Section 1 of Appendix VI attached to this Decree.
3. The format of the Import Permit for Marine Signal Devices shall comply with the provisions set forth in Model No. 01 of Section 2 of Appendix VI attached to this Decree.
Article 35. Tasks and Authorities Regarding the Issuance, Reissuance, and Revocation of Certificates of Business Registration for Training Seafarers and Inland Waterway Vessel Operators
1. The issuance, reissuance, and revocation of Certificates of Business Registration for Training Seafarers and Inland Waterway Vessel Operators at level 3 and above as stipulated in Clause 3 of Article 10 of Decree No. 78/2016/NĐ-CP dated July 1, 2016 of the Government on Conditions for Operating Training Services for Seafarers and Inland Waterway Vessel Operators shall be organized and implemented by the People's Committee of the province within their jurisdictional area.
2. The procedures for issuing and reissuing Certificates of Business Registration for Training Seafarers and Inland Waterway Vessel Operators shall be carried out in accordance with the provisions set forth in Section 1 of Appendix VI attached to this Decree.
Article 36. Tasks and Authorities Regarding the Decision to Put Shipbreaking Facilities into Operation, Re-Decide to Put Shipbreaking Facilities into Operation, Suspend, and Immediately Suspend Operations of Shipbreaking Facilities and Approving Shipbreaking Plans and Issuing Import Permits for Ships Approving Shipbreaking Plans and Issuing Import Permits for Used Ships
1. The decision to put shipbreaking facilities into operation, re-decide to put shipbreaking facilities into operation, suspend, and immediately suspend operations of shipbreaking facilities, approving shipbreaking plans, and issuing Import Permits for used ships for shipbreaking as stipulated in Articles 8, 9, 10, 11, 12, 14, and 19 of Decree No. 82/2019/NĐ-CP dated November 12, 2019 of the Government on the Importation and Shipbreaking of Used Ships (amended and supplemented by Decree No. 74/2023/NĐ-CP dated October 11, 2023 of the Government) shall be organized and implemented by the People's Committee of the province within their jurisdictional area.
2. The procedures for deciding to put shipbreaking facilities into operation, re-deciding to put shipbreaking facilities into operation, approving shipbreaking plans, and issuing Import Permits for used ships for shipbreaking shall be carried out in accordance with the provisions set forth in Section 1 of Appendix VI attached to this Decree.
3. The relevant forms related to the procedures for deciding to put shipbreaking facilities into operation, re-deciding to put shipbreaking facilities into operation, approving shipbreaking plans, and Import Permits for used ships for shipbreaking shall comply with Models No. 02, No. 03, No. 04, No. 05, No. 06, No. 07, and No. 08 of Section 2 of Appendix VI attached to this Decree.
Article 37. Duties and authorities regarding approval of submarine diving vessel operation areas; approving plans for the commencement and termination of submarine diving vessel operations. 1. The authority to approve submarine diving vessel operation areas as stipulated in Clause 1 and Clause 2 of Article 105a of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code on maritime management activities (amended and supplemented by Decree No. 34/2025/ND-CP dated February 25, 2025 of the Government) shall be implemented by the People's Committee of the province. 2. The authority to approve plans for the commencement and termination of submarine diving vessel operations as stipulated in Article 105d and Article 105đ of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government (amended and supplemented by Decree No. 34/2025/ND-CP dated February 25, 2025 of the Government) shall be carried out by specialized agencies under the People's Committee of the province.
3. The procedures and formalities for approving submarine diving vessel operation areas and approving plans for the commencement of submarine diving vessel operations are specified in Item 1 of Appendix VI promulgated together with this Decree.
4. Forms of related documents for the procedures and formalities for approving submarine diving vessel operation areas, approving plans for the commencement of submarine diving vessel operations, and terminating submarine diving vessel operations shall be implemented according to Model No. 09, Model No. 10, Model No. 11, Model No. 12, Model No. 13, and Model No. 14 in Item 2 of Appendix VI promulgated together with this Decree.
Article 38. Duties and authorities regarding naming and renaming seaports, offshore oil ports, wharves, bridges, pontoons, water areas, and water zones; announcing the closure of seaports, bridges, pontoons, water areas, and water zones; extending the operation period of temporary port infrastructure; putting marine navigation signals into use.
1. The Ministry of Construction, the Vietnam Maritime Administration, and Inland Waterway Administration shall not implement the naming and renaming of seaports, offshore oil ports, wharves, bridges, pontoons, water areas, and water zones as stipulated in Article 10 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government (amended and supplemented by Decree No. 34/2025/ND-CP dated February 25, 2025 of the Government).
The naming and renaming of seaports, offshore oil ports, wharves, bridges, pontoons, water areas, and water zones shall be carried out by the investors or relevant agencies and organizations in accordance with the principles set forth in Article 9 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government and must be notified in writing to specialized maritime and inland waterway management agencies for management purposes. The Vietnam Maritime Administration shall not implement the announcement of the closure of seaports, bridges, pontoons, water areas, and water zones as stipulated in Article 17 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government (amended and supplemented by Decree No. 69/2022/ND-CP dated September 23, 2022 and Decree No. 34/2025/ND-CP dated February 25, 2025 of the Government).
3. The Ministry of Construction, the Vietnam Maritime Administration, and Inland Waterway Administration shall not implement the procedures for extending the operation period of temporary port infrastructure as stipulated in Clause 4 of Article 25 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government.
4. The Vietnam Maritime Administration and Marine Port Authorities shall not implement the procedures for putting marine navigation signals into use as stipulated in Article 41 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government (amended and supplemented by Decree No. 74/2023/ND-CP dated October 11, 2023 and Decree No. 34/2025/ND-CP dated February 25, 2025 of the Government).
2. 5. The Marine Port Authorities shall not implement the procedures for approving the removal of seals or the discharge of waste and dirty water through valves or equipment as stipulated in Point a of Clause 2 of Article 118 of Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government.
3. The Ministry of Construction, the Vietnam Maritime Administration and Inland Waterways shall not implement the procedures for extending the temporary operation of port infrastructure as stipulated in Clause 4, Article 25 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government.
4. The Vietnam Maritime Administration and Inland Waterways, the Port Maritime Office shall not implement the procedures for putting signals into use as stipulated in Article 41 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government (amended and supplemented by Decree No. 74/2023/NĐ-CP dated October 11, 2023 and Decree No. 34/2025/NĐ-CP dated February 25, 2025 of the Government).
5. The Port Maritime Office shall not implement the procedures for approving the removal of seals or the discharge of waste or dirty water through valves or equipment as stipulated in point a, Clause 2, Article 118 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government.
Article 39. Duties and Authorities Regarding the Issuance, Reissuance, and Revocation of the Business Condition Certificate for Port Operations
1. The Vietnam Maritime Administration shall not carry out the issuance, reissuance, and revocation of the Business Condition Certificate for Port Operations as stipulated in Articles 10, 11, and 12 of Decree No. 37/2017/ND-CP dated April 4, 2017 of the Government on Conditions for Operating Ports (amended and supplemented by Decree No. 69/2022/ND-CP dated September 23, 2022 of the Government).
2. A port enterprise may only engage in port operations if it meets the conditions for operating ports as prescribed in Decree No. 37/2017/ND-CP dated April 4, 2017 of the Government (amended and supplemented by Decrees No. 147/2018/ND-CP dated October 24, 2018 and No. 69/2022/ND-CP dated September 23, 2022 of the Government).
Article 40. Duties and Authorities Regarding the Renaming of Inland Ports; Announcing Suspension of Operations and Closure of Inland Ports
1. The authority to implement procedures for renaming inland ports as stipulated in Article 24 of Decree No. 38/2017/ND-CP dated April 4, 2017 of the Government on Investment Construction and Management of Inland Ports (amended and supplemented by Decree No. 74/2023/ND-CP dated October 11, 2023 of the Government) shall be organized and carried out by the People's Committee of the province within its jurisdiction.
2. Form of Application for Renaming Inland Ports as prescribed in Model No. 15 Section 2 Appendix VI promulgated together with this Decree.
3. The Vietnam Maritime Administration shall not announce the suspension of operations and closure of inland ports as stipulated in Clause 3, Article 22 of Decree No. 38/2017/ND-CP dated April 4, 2017 of the Government on Investment Construction and Management of Inland Ports (amended and supplemented by Decree No. 74/2023/ND-CP dated October 11, 2023 of the Government).
The announcement of the suspension of operations and closure of inland ports shall be self-implemented by individuals or organizations when necessary according to Decree No. 38/2017/ND-CP dated April 4, 2017 of the Government.
Section 4
CLASSIFICATION IN THE FIELD OF REGISTRATION AND INSPECTION
Article 41. Duties and Authorities Regarding the Determination of Age of Watercraft Permitted for Import
The determination of age of watercraft permitted for import in certain special cases as stipulated in Clause 3, Article 5 of Decree No. 111/2014/ND-CP dated November 20, 2014 of the Government on Service Life of Domestic Watercraft and Service Life of Imported Watercraft shall be decided by the Minister of Construction.
Article 42. Duties and Authorities Regarding Inspection, Supervision, and Handling of Violations by Domestic Watercraft
The authority to organize inspection, supervision, and handling of violations by domestic watercraft as stipulated in Clause 3, Article 8 of Decree No. 111/2014/ND-CP dated November 20, 2014 of the Government shall be carried out by the People's Committee of the province.
Article 43. Duties and Authorities Regarding Recognition, Re-recognition, and Revocation of Notification of Facilities Meeting Conditions for Building, Converting, and Repairing Ships
1. The Vietnam Registration Bureau shall not carry out recognition, re-recognition, and revocation of Notification of Facilities Meeting Conditions for Building, Converting, and Repairing Ships as stipulated in Articles 15, 16, 17, and 18 of Decree No. 111/2016/ND-CP dated July 1, 2016 of the Government on Conditions for Operating Services of Building, Converting, and Repairing Ships (amended and supplemented by Decree No. 147/2018/ND-CP dated October 24, 2018 of the Government).
2. A shipbuilding, converting, and repairing service enterprise may only operate such services if it meets the conditions as prescribed in Decree No. 111/2016/ND-CP dated July 1, 2016 of the Government (amended and supplemented by Decree No. 147/2018/ND-CP dated October 24, 2018 of the Government).
Article 44. State Management Responsibilities for the Activities of New Shipbuilding, Conversion, and Repair Facilities
The People's Committee of the province shall be responsible for organizing inspections, examinations, and handling violations concerning the implementation of regulations on business operations and business conditions for new shipbuilding, conversion, and repair services as stipulated in point c, Clause 1, Article 19 of Decree No. 111/2016/NĐ-CP dated July 1, 2016 of the Government and other related legal provisions.
Chapter V
IMPLEMENTATION
Article 45. 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, and resolutions of the Government, decisions of the Prime Minister that specify state management authority, responsibilities, procedures, and processes prescribed in this Decree, which come into effect from July 1, 2025 to March 1, 2027, shall render corresponding provisions in this Decree invalid at the time these legal normative documents become effective.
3. During the period when the provisions of this Decree are in force, if the provisions regarding state management authority, responsibilities, procedures, and processes in this Decree differ from those in related legal normative documents, they shall be implemented according to the provisions of this Decree.
4. From the date this Decree takes effect, the certification mark for construction activity practice certificates and construction activity capability certificates specified in Appendix IX issued together with Decree No. 175/2024/NĐ-CP dated December 30, 2024 of the Government shall be implemented according to Appendix VII issued together with this Decree.
5. From the date this Decree takes effect, the identification code for specialized construction laboratories by province/city as specified in Appendix V issued together with Decree No. 62/2016/NĐ-CP dated July 1, 2016 of the Government (amended and supplemented by Decree No. 35/2023/NĐ-CP dated June 20, 2023 of the Government) shall be implemented according to Appendix VIII issued together with this Decree.
Article 46. Responsibilities of Ministries, Equivalent Ministries, and Local Authorities
1. Ministry of Construction
a) To take the lead and coordinate with ministries, equivalent ministries, and relevant agencies to organize the implementation of decentralization and delegation of authority as prescribed in this Decree; guide provincial People's Committees in implementing tasks as prescribed by this Decree;
b) To conduct inspections and oversight over tasks delegated to local authorities as prescribed by law;
c) To build and upgrade centralized information technology systems to serve the processing of administrative procedures as stipulated in Clause 1, Article 31 of this Decree, and implement nationwide from January 1, 2026. Prior to the deployment of the information technology system, the Vietnam Highway Administration will continue to process administrative procedures as prescribed in Decree No. 158/2024/NĐ-CP dated December 18, 2024 of the Government until December 31, 2025.
2. The Ministry of Home Affairs shall be responsible for advising competent authorities to adjust and supplement the staffing of local administrative agencies to ensure conditions for performing tasks delegated and delegated authority when organizing two-level local governments.
3. Ministries, equivalent ministries, and relevant agencies according to their functions, tasks, and powers shall cooperate with the Ministry of Construction to guide provincial People's Committees in the process of implementing tasks delegated and delegated authority as prescribed in this Decree.
4. People's Committees at all levels
a) The provincial People's Committee shall be responsible for ensuring resources and conditions to organize the implementation of tasks as prescribed by this Decree, submitting reports on the implementation results to the Ministry of Construction before December 20 each year; directing and guiding the People's Committee of communes to perform their duties and powers as prescribed. In case of difficulties or issues arising during the implementation process, report them to relevant ministries and sectors for timely resolution and removal;
b) The People's Committee of communes shall be responsible for organizing the implementation of assigned tasks and powers as prescribed in this Decree.
Article 47. Transitional Provisions
1. Documents and papers issued and granted by authorized agencies and officials prior to the delegation and delegation of authority and which have not yet expired or reached their usage period shall continue to be applied and used according to the law until their expiration or modification, supplementation, replacement, abolition, revocation, or recovery by the agency or person receiving the function, task, or power, or by the authorized agency or official.
2. Administrative procedure files received by authorized agencies before the effective date of this Decree shall continue to be processed according to the legal normative document in effect at the time of receipt. If returned for completion, the file shall be sent to the agency with delegated authority for further processing according to this Decree.
3. Administrative procedures specified in Clause 3, Clause 4, Article 30, Clause 3, Clause 4, Article 32, Clause 3, Clause 4, Article 35, Clause 3, Clause 4, Article 37, Clause 4, Clause 7, Article 40, Point a, Clause 4, Clause 5, Article 45, Point a, Clause 3, Clause 4, Article 50, Clause 3, Clause 4, Article 56, Clause 3, Clause 4, Article 57, Clause 4, Clause 7, Article 59, Clause 3, Clause 4, Article 62 of Decree No. 158/2024/NĐ-CP dated December 18, 2024 of the Government shall be processed through the centralized information technology system of the Ministry of Construction; administrative procedure files received by authorized agencies before the deployment of the information system shall continue to be processed according to the regulations.
4. Provisions related to distances and protection zones for maritime works and inland waterway routes as stipulated in Decree No. 143/2017/NĐ-CP dated December 14, 2017 and Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government shall continue to be applied until they are abolished by authorized agencies or officials.
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Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - Vietnam Fatherland Front Central Committee; - Central agencies of mass organizations; - VPCP: BTCN, all PCN, Assistant PM, Director General of the Government Portal, various Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, CN (2b). |
PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed) Nguyen Hoa Binh |
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