Decision No. 29/2006/QĐ-BXD Issuing regulations on publicizing administrative procedures and the attitude and style of civil servants working in the field of issuing Certificates of House Ownership and Certificates of Construction Project Ownership.

DECISION OF THE MINISTER OF CONSTRUCTION

Issuing regulations on publicizing administrative procedures and conduct of civil servants working in the issuance of Ownership Certificates for housing and Ownership Certificates for construction works

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on issuing Ownership Certificates for housing and Ownership Certificates for construction works;

___________________

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing;

At the proposal of the Director of the Department of Housing Management and the Head of the Ministry's Office,

The attached Decision promulgates the Regulations on Publicizing Administrative Procedures and Conduct of Civil Servants Working in the Issuance of Ownership Certificates for Housing and Ownership Certificates for Construction Works.

This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

DECISION:

Article 1. Provincial People's Committees and organizations and individuals concerned are responsible for implementing this Decision./.

Article 2. Nguyen Hong Quan

Article 3. On publicizing administrative procedures and conduct of civil servants

REGULATIONS

and Ownership Certificates for construction works

(Attached to Decision No. 29/2006/QĐ-BXD dated September 14, 2006)

These Regulations stipulate the publicizing of administrative procedures and conduct of civil servants working in the issuance of Ownership Certificates for housing and Ownership Certificates for construction works (hereinafter referred to collectively as Ownership Certificates for housing and construction works).

Article 1. People's Committees at all levels and competent agencies receiving applications for the issuance of Ownership Certificates for housing and Ownership Certificates for construction works.

of the Minister of Construction)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 2. Civil servants of these agencies are responsible for handling administrative procedures within the areas specified in Article 1.

Article 2. Applicability

Article 3. Organizations and individuals, both domestic and foreign, with the need to handle administrative procedures within the areas specified in Article 1.

CONTENTS TO BE PUBLICIZED

Article 3. Forms of publicizing administrative procedures

Chapter II

Clause 1. Agencies receiving and processing applications must display the contents specified in Article 4 of these Regulations at:

Point a) The headquarters of People's Committees of communes, wards, and towns;

Point b) Locations where applications for the issuance of Ownership Certificates for housing and Ownership Certificates for construction works are received;

Point c) On the Internet (for places that have established Internet access).

Article 4. Contents to be publicly announced

List of documents in the application for the issuance of Ownership Certificates for housing and Ownership Certificates for construction works (including new issuance, replacement, reissue, and confirmation of changes after issuance of certificates) as stipulated in Articles 46, 47, and 48 of Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing (hereinafter referred to as Decree No. 90/2006/NĐ-CP) and Articles 9, 10, and 11 of Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on issuing Ownership Certificates for housing and Ownership Certificates for construction works (hereinafter referred to as Decree No. 95/2005/NĐ-CP).

Clause 2. Specific deadlines for each case: new issuance, replacement, reissue, and confirmation of changes after issuance of Ownership Certificates for housing and Ownership Certificates for construction works as stipulated in Articles 46, 47, and 48 of Decree No. 90/2006/NĐ-CP and Articles 12, 13, 16, and 17 of Decree No. 95/2005/NĐ-CP.

1. Clause 3. Fees and financial obligations that applicants for Ownership Certificates for housing and Ownership Certificates for construction works must pay according to the law for each specific case; time and place for payment of these obligations.

RESPONSIBILITIES OF PEOPLE'S COMMITTEES AT ALL LEVELS, AGENCIES RECEIVING AND PROCESSING APPLICATIONS; CIVIL SERVANTS AND ORGANIZATIONS AND INDIVIDUALS CONCERNED

3. Fees and financial obligations that the person requesting the issuance of the Ownership Certificate for Housing, Ownership Certificate for Construction Works must pay according to the provisions of the law for each specific case; the time and place for submitting these obligations.

Chapter III

RESPONSIBILITIES OF PEOPLE'S COMMITTEES AT ALL LEVELS, AUTHORITIES

RECEIVING AND PROCESSING CASE FILES; OFFICERS, CIVIL SERVANTS

AND RELATED ORGANIZATIONS AND INDIVIDUALS

Article 5. Responsibilities of People's Committees at all levels; names of authorities with jurisdiction to receive and process applications for issuance of Ownership Certificates for houses and construction works.

1. People's Committees at all levels must publicly announce locations, names of authorities with jurisdiction to receive and process applications.

2. The agency entrusted with the responsibility to receive and process applications must arrange office space, display signs indicating where to submit applications, and post weekly schedules for receiving applications and delivering results.

3. In the application reception room, chairs for visitors must be provided, and a public notice board displaying the contents stipulated in Article 4 of this Regulation must be hung.

4. The agency receiving applications must assign staff members with good moral character who understand the requirements of the application content and have the ability to guide the completion of applications in accordance with regulations.

5. Leaders of People's Committees at all levels and leaders of agencies receiving and processing applications for issuance of Ownership Certificates for houses and construction works must publicly announce hotlines for the people to know and contact when necessary; they must promptly address any concerns or reports regarding negative behaviors, harassment, or causing inconvenience to the people by subordinates.

Article 6. Responsibilities of civil servants in receiving and processing applications for issuance of Ownership Certificates for houses and construction works.

1. The person receiving applications has the responsibility to:

a) Compare the application with legal provisions. In cases where the application is incomplete or incorrect according to the provisions, they must provide specific guidance for the applicant to supplement relevant documents;

b) When the application is complete according to the provisions, they must receive it, record it in the receipt book, and issue an Application Receipt. The Application Receipt must clearly state the following contents: all required documents have been received, the time and location for delivering the result, and the types of original documents that the owner must bring when collecting the result.

2. The authorized person signing the decision on the application has the responsibility to:

a) Review and sign the document within the prescribed legal timeframe;

b) Require the person responsible for delivering the result to comply with the deadline stated in the Application Receipt and retrieve the original documents for storage as prescribed.

Article 7. Responsibilities of organizations and individuals seeking administrative procedures in the issuance of Ownership Certificates for houses and construction works.

1. Truthfully, fully, and accurately declare all contents according to the form and submit complete applications as prescribed to the application receiver;

2. Strictly adhere to internal rules and regulations of the application receiving agency;

3. Report to the head of the application receiving agency or representative of the People's Committee leadership at all levels upon discovering any negative behaviors or causing inconvenience, harassment to the people by civil servants.

Chapter IV

ATTITUDE AND PROFESSIONALISM OF CIVIL SERVANTS

AND DISCIPLINARY MEASURES FOR VIOLATIONS

Article 8. Attitude and professionalism of civil servants working in the issuance of Ownership Certificates for houses and construction works.

1. Civil servants receiving applications must wear identification cards clearly stating their name, position, and place of work.

2. Civil servants receiving applications must have a friendly attitude, patiently explain and guide issues that the people do not understand.

3. Civil servants receiving and processing applications must not have an arrogant attitude, cause inconvenience, harass the people, or engage in any negative behaviors, exploiting positions and powers for personal gain.

Article 9. Disciplinary measures for civil servants who commit violations

1. The Chairpersons of People's Committees at all levels and Heads of agencies with authority to receive and process files shall be responsible under the law for causing delays in time and for acts of arrogance, harassment, inconvenience to the people, or negative behaviors of subordinate officials.

2. Civil servants who exhibit arrogant behavior, harassment, inconvenience to the people, or negative actions when receiving and processing files shall be suspended from performing their duties and shall be subject to disciplinary action according to the Civil Servants Ordinance or criminal liability depending on the severity of the violation. If damage is caused, compensation must be provided in accordance with the law.

Chapter V

IMPLEMENTATION

Article 10. Responsibilities of People's Committees at all levels

Provincial and centrally-administered city People's Committees shall be responsible for directing functional agencies to coordinate with People's Committees at all levels to strictly implement this Regulation.

Article 11. Responsibilities of agencies under the Ministry of Construction

The Director of the Department of Housing Management and the Head of the Construction Inspectorate, within their functions, powers, and assigned tasks, shall be responsible for monitoring, urging, inspecting, and auditing the implementation of the provisions of this Regulation./.