Decision No. 26/2018/QĐ-TTg Pilot Establishment of Urban Construction Order Management Teams Subordinate to People's Committees of Districts, Counties, and Towns in Hanoi City

Pursuant to …;

Pilot establishment of Urban Construction Order Management Teams

directly under the People's Committees of districts, counties, and towns in Hanoi City

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Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to the Law on the Capital City promulgated on November 21, 2012;

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to Decree No. 139/2017/NĐ-CP dated November 27, 2017 of the Government on administrative penalties for violations in investment construction activities; exploitation, processing, trading of construction materials; production, trading of construction materials; management of technical infrastructure works; real estate trading, housing development, management and use of houses and offices;

Pursuant to Resolution No. 117/NQ-CP dated November 9, 2017 of the Government on the regular meeting of the Government in October 2017;

Based on the proposal of the People's Committee of Hanoi City at Report No. 64/TTr-UBND dated May 21, 2018 and that of the Ministry of Home Affairs at Circular No. 1656/BNV-TCBC dated April 19, 2018;

The Prime Minister promulgates this Decision on pilot establishment of Urban Construction Order Management Teams under the People's Committees of districts, counties, and towns in Hanoi City.

Article 1. Pilot establishment and position, functions of Urban Construction Order Management Teams

1. Pilot establishment of Urban Construction Order Management Teams based on reorganizing the Construction Inspection Teams of the Construction Department Inspectorate of Hanoi City.

2. The Urban Construction Order Management Team is an administrative organization under the People's Committee of districts, counties, and towns in Hanoi City (hereinafter referred to as district level), with the function of advising and assisting the People's Committee at the district level in enforcing laws in the field of urban construction order.

The Urban Construction Order Management Team shall be equipped with working tools in accordance with the provisions of the law; it shall be subject to the direction and management of the People's Committee at the district level and the direction, inspection, and guidance on professional matters from the Construction Department.

3. The Urban Construction Order Management Team shall have its own office, separate seal, and shall open an account at the State Treasury.

Article 2. Tasks and powers of Urban Construction Order Management Teams

1. To develop and implement plans to inspect cases of violation of urban construction order within their jurisdiction. To detect and establish files to handle cases of violation of urban construction order in accordance with the law and the regulations of the People's Committee of Hanoi City.

To propose the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the commune level to issue decisions on administrative penalties and apply measures to remedy consequences within their authority.

2. To notify, recommend, and send relevant documents to the Investigative Agency and the Prosecutor for examination and prosecution of persons who commit acts of violation of the law within the scope of management of the Urban Construction Order Management Team in accordance with the law.

3. To request state management agencies to provide documents such as planning and construction project files, construction permits, and other related documents for inspection purposes; to request investors to present construction permits and documents related to construction projects.

4. To coordinate with specialized agencies under the People's Committee at the district level and with the District, County, Town Inspectors in advising and proposing to the Chairman of the People's Committee at the district level on urban construction order management within the district, county, or town; to develop programs and plans for propaganda, dissemination, and education on laws related to urban construction order management within the district, county, or town for approval and implementation by the Chairman of the People's Committee at the district level.

To report regularly and urgently on the situation of tasks assigned in accordance with the regulations of the People's Committee at the district level and the Construction Department.

5. To resolve complaints and denunciations; to prevent and combat corruption and waste in accordance with the law and the division of labor of the People's Committee at the district level.

6. To manage organizational structure, job positions, civil servant quotas, and civil service grade structures; to implement salary policies, benefits, rewards, disciplinary actions, and professional training and development for civil servants within the scope of management in accordance with the law or as assigned by the People's Committee at the district level.

7. To manage finances, assets, and bear responsibility in accordance with the law and as assigned by the People's Committee at the district level.

Article 3. Organizational structure and staffing of the Urban Construction Order Management Team

1. Regarding organizational structure:

The Urban Construction Order Management Team consists of a Team Leader, not more than two Deputy Team Leaders, and civil servants.

The Team Leader and Deputy Team Leaders are appointed and relieved of their positions by the Chairman of the People's Committee at the district level in accordance with the provisions of the law. The Team Leader is responsible to the Chairman of the People's Committee at the district level and the law for all activities of the Team. Deputies carry out tasks assigned by the Team Leader, are responsible to the Team Leader and the law for the areas they are assigned.

Based on the requirements for managing urban construction order within the commune area, the Team Leader of the Urban Construction Order Management Team decides to assign civil servants to directly perform tasks related to managing urban construction order within the commune area. Civil servants assigned tasks are responsible for coordinating with the People's Committee at the commune level in urban construction order management work.

2. Regarding staffing:

The staffing of the Urban Construction Order Management Team is decided by the People's Committee of Hanoi City within the total number of civil servant positions allocated by the competent authority; ensuring that it does not increase the number of civil servant positions.

The trial implementation period is two years (24 months), starting from the date this Decision takes effect.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from August 10, 2018.

2. The Chairman of the People's Committee of Hanoi City is responsible for organizing the implementation of this Decision; summarizing and evaluating the results of the pilot establishment of the Urban Construction Order Management Team at the district level and proposing specific policies to enhance the effectiveness of operations in urban construction order management work.

3. The Ministers of Home Affairs, Construction, General Inspectorate of Government, the Chairman of the People's Committee of Hanoi City, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.