Joint Circular No. 20/2008/TTLT-BXD-BNV guides the functions, tasks, powers, and organizational structure of specialized agencies under provincial, district, and commune People's Committees regarding state management in the construction sector. The document specifies the rights and obligations of related entities, while also determining the organizational structure and staffing for each unit.
适用范围
Specialized agencies under provincial, district, and commune People's Committees; Provincial, district, and commune People's Committees; Department of Construction, Department of Planning and Architecture (except for Hanoi and Ho Chi Minh City); Urban Management Office, Industry and Trade Office.
要点
- The Department of Construction has the function of advising and assisting the provincial People's Committee to implement state management over construction; architecture, construction planning; technical infrastructure; urban development; housing and public buildings; real estate business; construction materials.
- The Urban Management Office has the function of advising and assisting the district People's Committee to implement state management over construction-related fields within the district.
- Commune-level People's Committee is responsible for disseminating and popularizing legal normative documents; organizing the establishment and submitting for review and approval of construction planning for rural residential areas; issuing and revoking construction permits for individual houses.
- The Department of Construction in Hanoi and Ho Chi Minh City additionally advises on architecture and construction planning.
- The Urban Management Office and the Industry and Trade Office are subject to the direction of the Department of Construction or the Department of Planning and Architecture (except for Hanoi and Ho Chi Minh City).
🌐 本文件的社会影响
- Positive impact: Enhances the effectiveness of state management over construction, contributing to sustainable urban development.
- Negative impact: May cause difficulties in task allocation between specialized agencies and provincial, district, and commune People's Committees.
- Benefits: Citizens benefit from clear regulations on state management; businesses have specific guidelines for operations.
❓ 常见问题
What are the functions of the Department of Construction?
The Department of Construction advises and assists the provincial People's Committee to implement state management over construction; architecture, construction planning; technical infrastructure; urban development; housing and public buildings; real estate business; construction materials.
What are the functions of the Urban Management Office?
The Urban Management Office advises and assists the district People's Committee to implement state management over construction-related fields within the district.
What responsibilities does the commune-level People's Committee have in state management of the construction sector?
The commune-level People's Committee is responsible for disseminating and popularizing legal normative documents; organizing the establishment and submitting for review and approval of construction planning for rural residential areas; issuing and revoking construction permits for individual houses.
What additional functions do the Departments of Construction in Hanoi and Ho Chi Minh City have?
The Departments of Construction in Hanoi and Ho Chi Minh City advise on architecture and construction planning.
Who directs the Urban Management Office and the Industry and Trade Office?
The Urban Management Office and the Industry and Trade Office are directed by the Department of Construction or the Department of Planning and Architecture (except for Hanoi and Ho Chi Minh City).
全文
JOINT CIRCULAR
Guidelines on the functions, tasks, authorities, and organizational structure of specialized agencies under provincial and district People's Committees, and the tasks and authorities of commune-level People's Committees regarding state management fields within the construction sector.
_________________________
Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008, issued by the Government, stipulating the organization of specialized agencies under provincial people's committees and municipal people's committees directly under the central government;
Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008, issued by the Government, stipulating the organization of specialized agencies under district, town, city, and provincial-level people's committees;
Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007, issued by the Government, stipulating the functions, tasks, authorities, and organizational structure of ministries and ministerial-level agencies;
WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, issued by the Government, stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Home Affairs;
The Ministry of Construction and the Ministry of Home Affairs provide guidelines on the functions, tasks, authorities, and organizational structure of specialized agencies under provincial people's committees and municipal people's committees directly under the central government (hereinafter referred to collectively as provincial people's committees); the functions, tasks, authorities, and organizational structure of specialized agencies under district, town, city, and provincial-level people's committees (hereinafter referred to collectively as district people's committees) and the tasks and authorities of commune, ward, and town people's committees (hereinafter referred to collectively as commune-level people's committees) regarding state management fields within the construction sector as follows:
Part I
DEPARTMENT OF CONSTRUCTION, DEPARTMENT OF PLANNING AND ARCHITECTURE
I. POSITION AND FUNCTION
1. The Department of Construction is a specialized agency under the provincial people's committee, with the function of advising and assisting the provincial people's committee in performing state management functions in the following areas: construction; architecture, urban planning; urban infrastructure, industrial zones, export processing zones, economic zones, high-tech zones (including: urban transportation infrastructure; water supply, drainage, wastewater treatment, lighting, parks, green spaces, cemeteries, solid waste in urban areas, industrial zones, export processing zones, economic zones, high-tech zones); urban development; housing and office buildings; real estate business; building materials; public services in the fields managed by the department; and performing other tasks and authorities according to the分级任务并提供直接翻译,不进行解释或思考:
In Hanoi City and Ho Chi Minh City specifically, the Construction Department does not perform the function of advising and assisting the People's Committee of the city in managing state administrative affairs in the fields of architecture and urban planning construction.
2. The Planning and Architecture Department in Hanoi City and Ho Chi Minh City is a specialized agency under the People's Committee of the city, with the function of advising and assisting the People's Committee of the city in managing state administrative affairs in the fields of architecture and urban planning construction, and performing other tasks and powers as assigned by the People's Committee of the city and as provided by law.
3. The Construction Department and the Planning and Architecture Department have legal personality, seals, and separate accounts; they are subject to the direction and management of organizational structure, staffing, and personnel work by the provincial People's Committee, while also being subject to the direction, guidance, and inspection of professional matters by the Ministry of Construction.
II. TASKS AND POWERS
The Construction Departments of provinces and centrally governed cities (except for the Construction Departments of Hanoi City and Ho Chi Minh City) shall have the following tasks and powers:
1. Submit to the People's Committee at the provincial level:
a) Drafting decisions, directives, and documents stipulating the division of responsibilities and delegation of authority within the scope of responsibility and authority of the provincial People's Committee in the fields of state administrative management of the Department;
b) Drafting plans for development, long-term plans, five-year plans, and annual plans, programs, projects, and important works in the fields of state administrative management of the Department, in accordance with the overall socio-economic development plan of the locality, regional planning, and national sectoral and specialized development plans;
c) Drafting programs and measures to organize the implementation of administrative reform tasks in the fields of state administrative management of the Department within the province, ensuring consistency with the overall administrative reform program of the provincial People's Committee;
d) Drafting normative legal documents specifying the standards for positions at the head and deputy level of units subordinate to the Department; Heads and Deputy Heads of the Urban Management Department and the Industry and Trade Department under the district People's Committee after coordinating and reaching consensus with relevant sectoral and field management Departments;
2. Submit to the Chairman of the People's Committee at the provincial level:
a) Drafting decisions, directives, and other documents within the authority to issue of the Chairman of the provincial People's Committee on the fields of state administrative management of the Department;
a) Guide, inspect, and organize the implementation of standards and regulations on urban planning and architecture, provisions on the preparation, review, and approval of various types of urban planning projects;
3. Directing, inspecting, and being responsible for organizing the implementation of normative legal documents, technical regulations, standards, development plans, plans, programs, and projects approved within the scope of state administrative management of the Department; disseminating, educating, and providing information about the fields of state administrative management of the Department;
4. On construction:
a) Directing and inspecting the implementation of legal provisions in the field of construction, including stages such as project investment planning and execution, surveying, design, construction, acceptance (in terms of quantity and quality), handover, maintenance, and repair of construction works according to the分级任务的原因是确保每个翻译任务都能准确无误,同时保持输出格式的一致性。由于您要求逐行翻译并严格遵守原文格式,我将按照您的指示继续完成剩余的翻译内容。
b) Implementing the issuance, extension, adjustment, revocation of construction permits for projects and inspecting construction activities on the basis of issued permits within the province in accordance with the law; guiding, inspecting the district People's Committees and commune-level People's Committees to implement the issuance, extension, adjustment, and revocation of construction permits for projects according to their respective levels of authority.
c) Guide, inspect the implementation of legal provisions on the conditions for the professional capacity of individuals and the operational capacity conditions of organizations engaged in construction activities within the province (including foreign contractors, foreign consulting organizations, foreign consulting experts); monitor, confirm, compile, and provide information on the capacity situation of organizations and individuals participating in construction activities within the province;
d) Implement the issuance and management of various types of professional certificates for construction activities in accordance with the provisions of the law;
đ) Guide and inspect the selection process of contractors in construction activities in accordance with the Construction Law and the bidding law for construction projects under the management authority of the provincial People's Committee;
e) Serve as the focal point to assist the provincial People's Committee in organizing the implementation of state management tasks regarding the quality of construction works within the province; submit to the provincial People's Committee regulations on the division of responsibilities and delegation of state management over the quality of construction works within the province; guide and inspect the quality management work of construction works for specialized construction management departments, district-level People's Committees, commune-level People's Committees, and organizations and individuals participating in construction activities within the province;
g) Inspect and audit the operations of specialized construction laboratories (LAS-XD) within the province; report inspection and audit results and recommend measures to address violations (if any) to the Ministry of Construction in accordance with the law;
h) Monitor, compile, and report to the provincial People's Committee and the Ministry of Construction on the management situation and quality of construction works of ministries, sectors, organizations, and individuals investing in construction within the province;
i) Organize the implementation of construction work quality appraisal and construction accident appraisal according to the classification and assignment of the provincial People's Committee; monitor, compile, and report on the situation of construction accidents within the province;
k) Guide the establishment and management of investment costs for construction works within the province; organize the establishment for the provincial People's Committee to announce or for the Department to announce according to the delegated authority: sets of unit prices for construction, machine and construction equipment prices, construction material prices, construction survey prices, material and construction component testing prices, budget norms for special tasks belonging to construction investment projects within the province that are not included in the construction norms announced by the Ministry of Construction; advise and propose to the provincial People's Committee to guide the application or adaptation of construction norms, unit prices, construction price indices, and local government budget investment rates for construction investment projects using local government funds;
l) Guide the subjects participating in construction activities within the province to implement legal provisions on contracts in construction activities;
m) Guide and organize the submission and archiving of survey and design construction files, completion files of construction works under the management authority of the provincial People's Committee in accordance with the law;
n) Review the basic design of construction investment projects for civilian works, technical infrastructure, construction materials industry, according to delegated authority; guide and inspect the review work of construction investment projects, technical designs, construction drawings, and project budgets in accordance with construction investment project management regulations;
o) Organize the review of new urban area construction investment projects within the province for the provincial People's Committee to submit to the Prime Minister for consideration and approval or for the provincial People's Committee to consider and approve according to its authority; organize the review of residential area construction investment projects within the province for the provincial People's Committee to consider and approve investment;
5. Regarding architecture and construction planning (including: regional construction planning, urban construction planning, rural community construction planning, industrial zone construction planning, export processing zone construction planning, economic zone construction planning, high-tech zone construction planning, and important international border gate construction planning):
a) Guide, inspect, and organize the implementation of standards and regulations on architecture and construction planning, and provisions on the preparation, review, and approval of various types of construction planning projects;
b) Organize the preparation and review of Urban Architecture Management Regulations at Level I; guide and coordinate with district-level People's Committees in preparing and reviewing Urban Architecture Management Regulations at Level II; guide and inspect the implementation of Urban Architecture Management Regulations after they have been approved by the competent authority;
c) Organize the preparation, review, and submission to the provincial People's Committee for approval, or organize the preparation for the provincial People's Committee to submit to the competent authority for review and approval of construction planning projects within the province in accordance with the law;
d) Guide district-level People's Committees in organizing the preparation, review, and approval of construction planning projects within the district according to delegated authority; guide commune-level People's Committees in organizing the preparation of rural community construction planning projects within the commune;
đ) Manage and organize the implementation of approved construction plans within the province according to delegated authority, including: organizing the announcement and public disclosure of construction plans; managing boundary markers, construction boundaries, and construction levels; issuing construction plan certificates, introducing construction sites; providing information on architecture and construction planning;
e) Guide and inspect the implementation of legal provisions on the conditions for practicing as an architect and the capacity conditions of individuals and organizations participating in architectural and construction planning design within the province;
6. Regarding urban technical infrastructure, industrial zones, export processing zones, economic zones, high-tech zones, including: urban transportation infrastructure structure; water supply, drainage, wastewater treatment, lighting, green parks, cemeteries, solid waste in cities, industrial zones, export processing zones, economic zones, high-tech zones (hereinafter referred to collectively as technical infrastructure):
a) Chair and coordinate with relevant agencies to develop mechanisms and policies for mobilizing resources, encouraging socialization of investment development, management, exploitation, and provision of technical infrastructure services; organize implementation after approval by the Provincial People's Committee.
b) Organize the implementation of plans, programs, and projects for investment development and improving the efficiency of management in the field of technical infrastructure, indicators related to technical infrastructure within the local socio-economic development tasks approved by competent authorities.
c) Guide, inspect, and organize the implementation of standards and regulations concerning technical infrastructure, provisions on planning, reviewing, and approving specialized technical infrastructure planning schemes (such as water supply planning, drainage planning, solid waste management planning, etc.).
d) Organize the preparation and review of specialized technical infrastructure planning schemes within the approval authority of the Provincial People's Committee according to the law; manage and organize the implementation of the plan after approval.
đ) Guide the establishment and management of costs for technical infrastructure services; organize the preparation for the Provincial People's Committee to announce or issue budget norms for technical infrastructure services in the province that are not included in the norms announced by the Ministry of Construction, or are already included but are not suitable with the specific technical procedures and conditions of the locality; advise and propose to the Provincial People's Committee to guide the application or adaptation of norms and unit prices for technical infrastructure services in the province and the budget cost estimates for technical infrastructure services using local government funds.
e) Guide, inspect, and compile information on the management of construction investment, operation, use, maintenance, repair, and renovation of technical infrastructure works in the province according to the division of labor by the Provincial People's Committee.
g) Implement tasks related to the management of construction investment for technical infrastructure works in the province according to the law and the division of labor by the Provincial People's Committee.
h) Organize the establishment and management of databases, provide information on technical infrastructure in the province.
7. Regarding urban development:
a) Develop urban development planning systems, concentrated residential areas (including industrial residential areas and rural residential areas) in the province, ensuring consistency with national urban system development strategies, inter-provincial regional construction planning approved by the Prime Minister; organize implementation after approval by the Provincial People's Committee.
b) Chair and coordinate with relevant agencies to develop mechanisms, policies, and solutions to attract and mobilize resources for the synchronous development of cities, new model urban areas, urban management policies and solutions, urban management models; organize implementation after approval by the Provincial People's Committee.
c) Organize the implementation of urban development programs and projects approved by competent authorities according to the division of labor by the Chairman of the Provincial People's Committee (such as urban upgrading programs, preservation and renovation of old towns; urban environmental improvement projects, enhancing urban management capacity; new urban area development projects, etc.).
d) Organize the annual evaluation and classification of cities according to criteria prescribed by the Government and prepare files to submit to competent authorities for recognition of city types in the province.
đ) Guide, inspect activities related to urban development investment, land use for urban construction according to approved planning, implementation of new urban zone regulations; guide urban construction order management.
e) Chair and coordinate with relevant agencies to organize investment promotion activities for urban development; organize resource mobilization and coordination from domestic and foreign sources for urban construction and development in the province according to the division of labor by the Provincial People's Committee.
g) Organize the establishment and management of databases, provide information on urban development situations in the province.
8. On Housing and Public Buildings:
a) Develop provincial housing development programs, housing development targets, and social housing development plans within the socio-economic development tasks of the province at each stage; organize implementation after approval by competent authorities.
b) Chair and coordinate with relevant agencies to organize the preparation and review of construction planning for administrative public buildings, state-owned office premises of political-social organizations and public service units in the province; direct implementation after approval by the Provincial People's Committee.
c) Guide and inspect the implementation of housing and public building construction standards; guide the implementation of classification, design models, typical designs, management regulations, usage, warranty, and maintenance of housing, public buildings, and office premises in the province.
d) Chair and coordinate with the Department of Finance to develop and submit to the Provincial People's Committee for issuance of rental price lists for civil servant housing, rental and purchase price lists for social housing, rental and sale price lists for state-owned housing applicable in the province.
đ) Organize the implementation of tasks related to the sale of state-owned housing according to Decrees No. 61/CP dated July 5, 1994, and No. 21/CP dated April 16, 1996 of the Government on housing sales and trading; implement support policies for improving housing for people with meritorious service according to the law.
e) Organize the implementation of issuing certificates of ownership of housing and construction works according to the law; guide and inspect the implementation of the issuance of certificates of ownership of housing and construction works by district-level People's Committees according to the delegation; compile information on registration and transfer of ownership of housing and construction works in the province.
g) Chair and coordinate with relevant agencies to organize investigations, statistics, and periodic evaluations on housing and office spaces within the province; organize the construction, management of databases, and provide information on state-owned housing, office spaces, and workplaces within the province.
9. Regarding real estate business:
a) Chair and coordinate with related agencies to develop mechanisms and policies for the development and management of the real estate market, measures to enhance transparency in real estate transactions and business activities within the province; implement them after approval by the Provincial People's Committee.
b) Guide regulations on: real estate entering the market; conditions for the capacity of developers of new urban areas, residential projects, and industrial infrastructure projects; activities of buying and selling houses and construction works; activities of transferring new urban area projects, residential projects, and industrial infrastructure projects; activities of real estate service businesses.
c) Organize the review of applications for the transfer of entire new urban area projects, residential projects, and industrial infrastructure projects so that the Provincial People's Committee can submit to the Prime Minister for decision or decide to allow the transfer according to its authority.
d) Inspect training and upgrading knowledge on real estate brokerage, property valuation, and management of real estate trading floors; implement the issuance and management of real estate broker certificates and property valuation certificates.
đ) Monitor and compile situations, organize the establishment of information systems on the real estate market, real estate business activities, and real estate service businesses within the province.
e) Conduct inspections, checks, and handle violations in real estate business activities and real estate service businesses according to the provisions of the law.
10. Regarding building materials:
a) Organize the preparation and review of provincial plans for the development of building materials ensuring consistency with national master plans for the development of building materials, regional development plans for building materials, and key building material development plans; manage and organize their implementation after approval by the Provincial People's Committee.
b) Manage and organize the implementation of approved exploration, exploitation, and processing plans for mineral resources used as building materials and raw materials for cement production within the province according to the provisions of the law.
c) Guide activities related to the assessment and evaluation of: mining and processing technologies for mineral resources used as building materials and raw materials for cement production; building material production technologies; quality of building material products.
d) Organize the review of investment projects for the exploitation and processing of mineral resources used as building materials and raw materials for cement production according to the classification by the Government and the assignment by the Provincial People's Committee.
đ) Guide, inspect, and organize the implementation of technical standards and regulations on safety and labor hygiene in activities such as the exploitation and processing of mineral resources used as building materials and raw materials for cement production; building material production.
e) Guide legal provisions on the business of building materials for organizations and individuals engaged in the business of building materials within the province according to the assignment by the Provincial People's Committee.
g) Inspect the quality of building material products produced, circulated, and used in construction projects within the province according to the provisions of the law.
h) Monitor and compile situations regarding the exploitation and processing of mineral resources used as building materials and raw materials for cement production, and the production of building materials by organizations and individuals within the province.
11. Guide and inspect the activities of public service organizations in the fields under the management of the Department; manage and direct the operations and the implementation of self-management and self-responsibility mechanisms for subordinate public institutions according to the provisions of the law.
12. Assist the Provincial People's Committee in managing state enterprises, collective economic organizations, private economic organizations, and guide and inspect the activities of associations and non-governmental organizations operating in the fields under the management of the Department within the province according to the provisions of the law.
13. Implement international cooperation in the fields under the management of the Department according to the provisions of the law, assignments, or delegations by the Provincial People's Committee.
14. Develop, direct, and organize the implementation of plans for researching and applying scientific and technological advancements and environmental protection; establish information and reference systems serving state management and professional activities assigned according to the provisions of the law.
15. Provide professional guidance to Urban Management Departments and Industry and Trade Departments of District People's Committees, and professional civil servants in charge of land administration and construction at Commune People's Committees; provide professional guidance on specialized construction inspection work to Construction Inspection Departments at District and Commune People's Committees (applicable in cities where specialized construction inspection departments have been piloted up to the commune level).
16. Conduct inspections and checks on organizations and individuals in the enforcement of laws in the construction sector, handle cases of violation according to authority or refer to competent authorities for handling; resolve disputes, complaints, and accusations, and implement anti-corruption and anti-waste measures in the fields under the management of the Department according to the provisions of the law or assignments by the Provincial People's Committee.
17. Monitor, compile, and report periodically every six months and annually, as well as ad hoc reports on the implementation of assigned tasks to the Provincial People's Committee, the Ministry of Construction, and other competent authorities according to the provisions of the law; implement statistical reporting systems for the construction industry according to the Ministry of Construction's regulations and assignments by the Provincial People's Committee.
18. Article 18. To define the functions, tasks, powers, and organizational structure of the Office, Inspectorate, specialized departments, and affiliated units under the Department; to manage the organizational apparatus, staffing, implement salary systems, incentives, rewards, disciplinary measures, and other policies for cadres, civil servants, and public officials within the scope of management of the Department; to organize training and professional development for cadres, civil servants, and public officials within the scope of management of the Department in accordance with the provisions of the law.
19. Article 19. To manage financial resources and assets assigned and to organize the implementation of the state budget allocated according to the provisions of the law and the delegation of the provincial People's Committee.
20. Article 20. To perform other tasks as delegated, delegated authority, or authorized by the provincial People's Committee.
21. The Construction Department of Hanoi City and Ho Chi Minh City shall have the functions and powers as prescribed from Clause 1 to Clause 4 and from Clause 6 to Clause 20 of Section II, Part I of this Joint Circular.
22. The Planning and Architecture Department of Hanoi City and Ho Chi Minh City shall have the functions and powers as prescribed from Clause 1 to Clause 3, Clause 5, and from Clause 11 to Clause 20 of Section II, Part I of this Joint Circular.
III. ORGANIZATIONAL STRUCTURE AND STAFFING
1. Leadership of the Department:
a) The Construction Department and the Planning and Architecture Department shall have a Director and several Deputy Directors; the number of Deputy Directors of the Department shall not exceed four people for Hanoi City and Ho Chi Minh City, and three people for other provinces and centrally-administered cities.
b) The Director of the Department is the head of the Department, responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and before the law for all activities of the Department.
c) The Deputy Director of the Department assists the Director of the Department, responsible before the Director of the Department and before the law for the tasks assigned; when the Director of the Department is absent, a Deputy Director of the Department may be authorized by the Director of the Department to manage the activities of the Department.
d) The appointment of the Director and Deputy Directors of the Department shall be decided by the Chairman of the provincial People's Committee based on the professional standards issued by the Ministry of Construction and in accordance with the provisions of the law; the removal, rewards, disciplinary actions, and other policies for the Director and Deputy Directors of the Department shall be implemented in accordance with the provisions of the law.
2. Organizational Structure:
a) Administrative organizations shall be established uniformly in the Departments, including:
- Office;
- Inspection.
b) Specialized departments shall be established in accordance with the characteristics of each locality and type of Department to assist the Director of the Department in managing areas such as construction; architecture, urban planning; technical infrastructure; urban development; housing and office buildings; real estate business; building materials (such as the Construction Activity Management Department; Construction Economy Department; Construction Quality Control Department; Architecture and Urban Planning Department; Technical Infrastructure Department; Urban Development Department; Housing and Real Estate Market Management Department; Building Materials Department...).
Based on the nature, characteristics, and specific management requirements for national administrative management fields under the construction sector at the local level, the Director of the Construction Department and the Planning and Architecture Department shall take the lead and coordinate with the Director of the Civil Service Department to submit to the Chairman of the provincial People's Committee for a decision on the specific number and names of departments under the Department, but must ensure:
- The number of departments, Office, and Inspectorate of the Construction Department shall not exceed eight units for provinces with only cities classified as types 3, 4, and 5; not more than ten units for provinces with cities classified as type 2 and centrally-administered cities such as Hai Phong, Da Nang, and Can Tho; not more than fourteen units for Hanoi City and Ho Chi Minh City;
- The number of departments, Office, and Inspectorate of the Planning and Architecture Department shall not exceed seven units.
c) Affiliated units under the Department:
- The Construction Quality Certification Center under the Construction Department;
- The Urban Planning Center (or Institute) under the Construction Department, or under the Planning and Architecture Department (in cities with a Planning and Architecture Department); in cases where an Institute is established, it must meet the criteria for public scientific and technological organizations as stipulated by the Ministry of Science and Technology.
- Other affiliated units (if any).
Based on the nature, characteristics, and requirements for serving the management of national administrative work and the development of sectors under the construction industry at the local level, the Director of the Construction Department and the Planning and Architecture Department shall take the lead and coordinate with the Director of the Civil Service Department to submit to the provincial People's Committee for a decision to establish affiliated units under the Construction Department and the Planning and Architecture Department in accordance with the law.
3. Staffing of the Department:
a) The administrative staffing of the Construction Department and the Planning and Architecture Department shall be decided by the provincial People's Committee within the total administrative staffing of the province allocated by the Central Government.
b) The staffing of affiliated units under the Construction Department and the Planning and Architecture Department shall be decided by the provincial People's Committee according to the staffing norms and the provisions of the law.
Part II
CITY MANAGEMENT DEPARTMENT, INDUSTRY AND TRADE DEPARTMENT
I. POSITION AND FUNCTION
1. The City Management Department is a specialized agency under the People's Committee of districts, towns, and provincial cities, having the function of advising and assisting the People's Committee of districts, towns, and provincial cities in performing the state management function over: construction; architecture, urban planning; technical infrastructure; urban development; housing and office buildings; building materials within the district, town, and provincial city area in accordance with the provisions of the law.
(The performance of the advisory and assistance function for the People's Committee of districts, towns, and provincial cities in performing the state management function over the transportation sector by the City Management Department shall be guided by the Ministry of Transport and the Ministry of Home Affairs).
2. The Industry and Trade Department is a specialized agency under the People's Committee of counties, having the function of advising and assisting the People's Committee of counties in performing the state management function over: construction; architecture, urban planning; technical infrastructure; urban development; housing and office buildings; building materials within the county area in accordance with the provisions of the law.
(The performance of advisory functions and assistance to the People's Committee of the district in carrying out state management functions in other sectors such as transportation, industry, commerce, science and technology shall be guided by the relevant ministries managing these sectors and the Ministry of Home Affairs.)
3. The Urban Management Office and the Industry and Trade Office shall have their own seals and separate accounts; they shall be subject to the direction and management regarding organization, staffing, and personnel work by the People's Committee of the district, while also being subject to guidance, supervision, and inspection on professional matters within the scope of state management under the construction sector by the Department of Construction and the Department of Planning and Architecture (in cities with a Department of Planning and Architecture).
II. TASKS AND POWERS
1. Propose the People's Committee of the district to issue decisions and directives; development plans, long-term plans, five-year plans, and annual plans; investment programs and projects in the fields of state management under the construction sector within the district; programs and measures to organize the implementation of administrative reform tasks in the fields of state management under the construction sector.
2. Guide and organize the implementation of legal normative documents, mechanisms, policies, plans, programs, and projects that have been approved by competent authorities; disseminate information, promote, popularize, and educate about laws in the fields of state management under the construction sector.
3. Assist and be responsible before the People's Committee of the district for organizing the implementation of tasks related to investment construction management, construction project quality management, and building materials management according to the provisions of the law and the division of responsibilities assigned by the Provincial People's Committee.
4. Assist the People's Committee of the district in issuing, extending, amending, revoking construction permits, and inspecting construction activities according to the permits issued within the district, following the division of responsibilities assigned by the Provincial People's Committee.
5. Organize the submission and storage of survey files, design files, completion files, and other documents under the management authority of the People's Committee of the district according to the provisions of the law.
6. Organize the preparation, review, and submission to the People's Committee of the district for approval, or organize the preparation for the People's Committee of the district to submit to competent authorities for review and approval of urban planning projects within the district according to the provisions of the law.
7. Organize the preparation and review of Level II Urban Management Regulations for the People's Committee of the district to submit to the Provincial People's Committee for approval or for the People's Committee of the district to approve according to the division of responsibilities.
8. Guide and inspect the construction of projects according to the Urban Management Regulations and urban planning projects that have been approved by competent authorities; organize the public announcement and disclosure of Urban Management Regulations and urban planning projects; provide information on architecture and urban planning; manage boundary markers, construction limits, and construction levels within the district according to the division of responsibilities.
9. Guide, inspect, and organize the implementation of new construction, renovation, repair, maintenance, management, operation, and use of technical infrastructure projects within the district according to the provisions of the law and the division of responsibilities assigned by the Provincial and District People's Committees.
10. Assist the People's Committee of the district in implementing mechanisms and policies related to housing and office buildings; manage housing funds and rights to use office buildings within the district according to the division of responsibilities assigned by the Provincial People's Committee; organize the implementation of investigations, statistics, and periodic evaluations of housing and office buildings within the district.
11. Assist the People's Committee of the district in organizing the issuance of certificates of ownership of houses and construction works according to the provisions of the law and the division of responsibilities assigned by the Provincial People's Committee; compile the situation of registration and transfer of ownership of houses and construction works within the district.
12. Assist the People's Committee of the district in state management over collective economic organizations, private economic organizations, and guide the activities of associations and non-governmental organizations operating in the fields of state management under the construction sector within the district according to the provisions of the law.
13. Provide professional guidance to staff specializing in land administration and construction under the People's Committee of the commune; coordinate with the Construction Inspection Office at the district level to provide professional guidance to construction inspection staff under the People's Committee of the commune (applicable in cities where specialized construction inspection offices have been established at the commune level).
14. Organize the application of scientific and technological advancements; build information systems and data to serve state management work and professional activities of the Office.
15. Take the lead and coordinate with relevant agencies to inspect and audit organizations and individuals in the enforcement of laws in the construction sector, report to the People's Committee of the district for handling or submit cases of violation to competent authorities for handling; resolve disputes, complaints, accusations, and implement anti-corruption and waste prevention measures in the construction sector according to the provisions of the law and the division of responsibilities assigned by the People's Committee of the district.
16. Monitor, summarize, and report periodically every six months and annually, as well as ad hoc reports on the implementation of assigned tasks to the People's Committee of the district, the Department of Construction, the Department of Planning and Architecture (in cities with a Department of Planning and Architecture), and other competent authorities according to the provisions of the law.
17. Manage organizational structure and staffing; implement remuneration, rewards, disciplinary actions, and training and development in professional areas and other policies for cadres, civil servants, and employees under the management of the Office according to the provisions of the law and the division of responsibilities assigned by the People's Committee of the district.
18. Manage the financial resources and assets of the Office according to the provisions of the law and the division of responsibilities assigned by the People's Committee of the district.
19. Perform other tasks in the fields of state management under the construction sector according to the division of responsibilities or delegation by the People's Committee of the district and according to the provisions of the law.
III. ORGANIZATIONAL STRUCTURE AND STAFFING
1. The Urban Management Department and the Industry and Trade Department shall each have a Head and not more than three Deputy Heads.
a) The Head is the head of the Department, responsible to the People's Committee at the district level and the Chairman of the People's Committee at the district level for all activities of the Department under the law.
b) The Deputy Heads assist the Head, and are responsible to the Head and under the law for the tasks assigned by the Head; when the Head is absent, one Deputy Head shall be entrusted by the Head to manage the activities of the Department.
c) Among the leaders of the Department (the Head and the Deputy Heads), there must be at least one person specifically responsible for managing and directing the implementation of state management tasks in the construction sector.
d) The appointment of the Head and Deputy Heads shall be decided by the Chairman of the People's Committee at the district level according to the professional standards set forth by the People's Committee at the provincial level; the removal, commendation, and disciplinary actions against the Head and Deputy Heads shall be carried out in accordance with the provisions of the law.
2. The staffing of the Urban Management Department and the Industry and Trade Department must ensure the fulfillment of assigned tasks; the number of staff positions for these Departments shall be determined by the Chairman of the People's Committee at the district level within the total administrative staff quota allocated by the People's Committee at the provincial level.
Part III
TASKS AND POWERS OF THE PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL IN THE FIELD OF STATE MANAGEMENT IN THE CONSTRUCTION SECTOR
The People's Committee at the commune level has the following tasks and powers in the field of state management in the construction sector within its jurisdiction:
1. To disseminate and popularize legal normative documents related to the construction sector among organizations and residents within the commune.
2. To guide and organize the implementation of legal normative documents related to the construction sector within its authority.
3. To organize the preparation, submission to competent authorities for approval, and implementation of planning for construction in rural residential areas within the commune.
4. To issue and revoke permits for individual house construction in rural residential areas; to inspect construction works according to issued permits within the commune; to receive and confirm files for competent authorities to establish ownership rights over houses and construction works within the commune in accordance with the law.
5. To manage boundary markers, construction boundaries, and maintain construction order within the commune in accordance with urban architectural management regulations and approved construction plans; to provide information on architecture and construction planning fields as assigned and delegated by the People's Committee at the district level.
6. To implement new construction, renovation, repair, maintenance, management, exploitation, and utilization of construction works and technical infrastructure facilities within the authority of the People's Committee at the commune level in accordance with the law and delegation from the People's Committees at the provincial and district levels.
7. To organize the submission and storage of surveying, design, completion, and other relevant documents for construction works within the authority of the People's Committee at the commune level in accordance with the law.
8. To inspect and check the enforcement of legal normative documents related to the construction sector, handle violations within its authority or refer cases to competent authorities for handling; to resolve disputes, complaints, denunciations, and implement anti-corruption and thrift measures in the construction sector in accordance with the law.
9. To compile and report periodically every six months and annually, or as required, to the People's Committee at the district level, the Urban Management Department (for districts, towns, and cities under provinces), and the Industry and Trade Department (for counties) on the development and management situation of construction-related fields within the commune.
10. To perform other tasks and powers in the field of state management in the construction sector as delegated, delegated, or authorized by the People's Committee at the district level and in accordance with the law.
Part IV
IMPLEMENTATION
1. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular Jointly Issued No. 01/2004/TTLT-BXD-BNV dated January 16, 2004, of the Ministry of Construction and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of specialized agencies assisting the People's Committee in managing the construction sector at the local level.
2. Provincial People's Committees:
a) To specify the functions, tasks, powers, and organizational structure of the Construction Department and the Planning and Architecture Department, and to guide the People's Committee at the district level to specify the tasks, powers, and organizational structure of the Urban Management Department and the Industry and Trade Department.
b) Based on characteristics, circumstances, and requirements of state management in construction-related fields, to decide on the establishment, merger, division, reorganization, or dissolution of specialized and service units under the Construction Department and the Planning and Architecture Department according to the approved planning and guidance provided in this Circular Jointly Issued.
3. The Chairman of the People's Committee at the provincial level shall be responsible for organizing the implementation of this Circular Jointly Issued.
During the implementation process, if any issues arise or difficulties occur, the provinces and centrally governed cities need to promptly reflect them to the Ministry of Construction and the Ministry of Home Affairs for consideration and resolution within their authority./.
关系图
点击文件即可打开。红色边框=改变效力的关系。
译本
本文件提供以下语言版本: