Thông tư liên tịch số 01/2004/TTLT/BXD-BNV của Bộ Xây dựng và Bộ Nội vụ về việc hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn giúp Uỷ ban nhân dân quản lý nhà nước ngành xây dựng tại địa phương

JOINT CIRCULAR

GUIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURES OF THE PROFESSIONAL AGENCIES ASSISTING THE PEOPLE'S COMMITTEES IN PERFORMING THE STATE MANAGEMENT OVER CONSTRUCTION IN LOCALITIES

Pursuant to the Government's Decree No. 36/2003/ND-CP of April 4, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 45/2003/ND-CP of May 9, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs,

The Ministry of Construction and the Ministry of Home Affairs hereby jointly guide the functions, tasks, powers and organizational structures of the professional agencies assisting the People's Committees in performing the function of State management over construction in localities as follows:

I. PROFESSIONAL AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF THE PROVINCES AND CENTRALLY-RUN CITIES IN PERFORMING THE STATE MANAGEMENT OVER CONSTRUCTION

1. Positions and functions

1.1. The professional agencies (hereinafter referred collectively to as the provincial/municipal Services) are those which advise and assist the People's Committees of the provinces and centrally-run cities (hereinafter referred collectively to as the province) in performing the State management over construction in localities, including:

The Construction Services in the provinces and centrally-run cities.

The Communications and Public Works Services in the centrally-run cities.

The Planning-Architecture Services in Hanoi city and Ho Chi Minh city.

1.2. Domains falling within the scope of State management over construction sector in localities include: construction; construction materials; dwelling houses and working offices; architecture, urban construction plannings and construction of rural residential quarter construction plannings; urban technical infrastructure (pavements, urban roads, water supply, water drainage, lighting, parks and greenery, urban garbage, cemeteries, car parks in urban centers).

1.3. The specific functions of the provincial/municipal Services are as follows:

1.3.1. In Hanoi city and Ho Chi Minh city:

- The municipal Construction Services shall advise and assist the municipal People's Committees in performing the function of State management over the domains of construction; construction materials; dwelling houses and working offices;

- The municipal Communications and Public Works Services shall advise and assist the municipal People's Committees in performing the function of State management over the domain of urban technical infrastructure;

- The municipal Planning-Architecture Services shall advise and assist the municipal People's Committees in performing the function of State management over the domain of architecture, urban construction planning, rural residential quarter construction plannings;

1.3.2. In other centrally-run cities:

- The municipal Construction Services shall advise and assist the municipal People's Committees in performing the function of State management over the domains of construction; construction materials; dwelling houses and working offices; architecture, urban construction plannings, rural residential quarter construction plannings;

- The municipal Communications and Public Works Services shall advise and assist the municipal People's Committees in performing the function of State management over the domain of urban technical infrastructure.

1.3.3. In the remaining provinces:

The provincial Construction Services shall advise and assist the provincial People's Committees in performing the function of State management over the domains mentioned at Point 1.2 above.

1.4. The provincial/municipal Services shall be subject to management over their organization, payroll and operation by the provincial People's Committees, as well as the professional direction, guidance and examination by the Ministry of Construction in the domains falling under the Ministry's State management.

2. Tasks and powers

2.1. To submit to the provincial People's Committees for promulgation decisions and directives on the domains under the provincial/municipal Services' management according to law provisions;

2.2. To submit to the provincial People's Committees development plannings, long-term, five-year and annual plans as well as important construction programs, projects and works in the domains under the provincial/municipal Services' management, which are in line with the local socio-economic development general plannings, regional plannings as well as national branch and specialized development plannings; to take responsibility for implementation thereof after they are approved;

2.3. To guide, examine, evaluate and sum up the implementation of legal documents, regimes, policies, standards, criteria and econo-technical norms in the domains under the provincial/municipal Services' management according to law provisions; to propagate, disseminate information and educate law on the domains under the provincial/municipal Services' management;

2.4. Regarding construction management:

2.4.1. To submit to the provincial People's Committees for prescription the assignment, decentralization and authorization of investment and construction management falling under the provinces' managing competence according to law provisions;

To guide and examine the implementation of the provincial People's Committees' decisions on assignment, decentralization and authorization of investment and construction management;

2.4.2. To guide and examine the implementation of law provisions on investment and work construction by organizations and individuals according to the decentralization and assignment of the provincial People's Committees;

To take responsibility for organizing the management of investment and construction projects assigned by the provincial People's Committees;

To evaluate, and bear responsibility for, the results of basic design evaluation of investment and construction projects assigned by the provincial People's Committees;

2.4.3. To guide and examine the bidding work in construction (consultancy, construction and installation, supervision) for construction works falling under the provinces' management according to law provisions;

2.4.4. To submit to the provincial People's Committees for prescription the decentralization of management of quality of construction works falling under the provinces' management;

To assist the provincial People's Committees in performing the uniform State management over the quality of construction works in localities;

To monitor, sum up, and report on, the management of works' quality by the ministries, branches, organizations and individuals investing in construction in localities;

To organize the expertise of construction works' quality and incidents in localities according to the decentralization and assignment of the provincial People's Committees;

2.4.5. To grant and withdraw assorted certificates and permits according to law provisions; to grant and withdraw construction permits under authorization of the provincial People's Committees; to guide the district- and commune-level People's Committees in granting and withdrawing construction permits falling under their respective competence;

2.4.6. To guide and examine the observance of law provisions on construction activity capability conditions and practicing capability; to sum up the situation on construction activity capability conditions and practicing capability of organizations and individuals engaged in construction activities in the provinces;

2.4.7. To guide and organize the management, use and archival of dossiers and documents on construction surveys and designs as well as dossiers of construction completion by the provinces according to law provisions;

2.4.8. To submit to the provincial People's Committees for issuance brackets of capital construction unit prices in localities; to announce prices of construction supplies and materials to construction sites;

To submit to the Ministry of Construction for amendment, supplementation or application permission, new or specific econo-technical norms for construction works falling under the provinces' management;

2.5. Regarding the management of construction materials:

2.5.1. To submit to the provincial People's Committees mechanisms and policies to encourage and develop the construction material industry;

2.5.2. To monitor and sum up the situation on investment, exploitation and production of construction materials by organizations and individuals in localities;

2.5.3. To guide and examine the use of standard materials in construction works falling under the provinces' management;

2.6. Regarding the management of dwelling houses and working offices:

2.6.1. To assist the provincial People's Committees in performing the uniform State management over dwelling houses and working offices;

2.6.2. To guide, examine, evaluate and sum up the situation of development investment, management, exploitation and use of funds of dwelling houses and working offices in localities; to guide the implementation of model designs, typical designs and regime of maintenance of public-duty houses and working offices by agencies and organizations in localities;

2.6.3. To organize surveys and statistics on the actual situation of dwelling houses and working offices, to sum up the situation of registration and conversion of ownership over dwelling houses as well as right to use management of working offices in localities;

2.6.4. To assist the provincial People's Committees in organizing the implementation of mechanisms and policies on management and development of the dwelling house market;

2.7. Regarding the management of architecture, urban construction plannings and plannings on construction of rural residential quarters:

2.7.1. To submit to the provincial People's Committees the assignment and decentralization of management of architecture, urban construction plannings, plannings on construction of rural residential quarters and other construction plannings falling under the localities' management;

2.7.2. To assume the prime responsibility for evaluating, and submitting to the provincial People's Committees for approval according to their competence, or prepare dossiers for the provincial People's Committees to submit them to competent State bodies for approval, the schemes on classification and recognition of urban centers' grades, blueprints on regional construction planning in provinces, urban construction plannings and other construction planning blueprints according to law provisions; to bear responsibility for the results of evaluation of blueprints carried out by the provincial/municipal Services;

To approve detailed construction planning blueprints under authorization of the provincial People's Committees;

To guide and examine the district- and commune-level People's Committees in elaborating, evaluating, approving and managing blueprints of plannings on construction of urban centers and rural residential quarters in the districts and communes according to decentralization, ensuring the conformity and consistency with the general construction plannings already approved by competent authorities;

2.7.3. To manage, and bear responsibility for, the approved architecture and construction plannings in localities, including the publicization of approved construction plannings; the management of construction boundary markers, boundaries and foundation level; the provision of information on architecture and construction plannings; the recommendation of locations and evaluation of architectural plans for construction investment projects;

2.7.4. To guide and examine the exploitation and use of land for construction of urban centers and rural population quarters according to the approved construction plannings; to assist the provincial People's Committees in uniformly managing the plannings on construction along traffic roads (including national roads, inter-provincial roads, inter-district and inter-commune roads, railways) according to law provisions;

2.7.5. To guide and examine the implementation of law provisions on conditions on architectural practice and copyrights over architectural works in localities;

2.8. Regarding the management of urban technical infrastructures:

2.8.1. To submit to the provincial People's Committees for prescription the decentralization of management of exploitation of urban technical infrastructures falling under the provinces' management;

2.8.2. To submit to the provincial People's Committees mechanisms and policies to mobilize resources, encourage and socialize development investment and management of operation, exploitation and provision of urban technical infrastructure services;

2.8.3. To guide, examine and sum up the situation on management of construction and investment, exploitation, use, renovation, maintenance and repair of urban technical infrastructures in localities according to the assignment of the provincial People's Committees;

2.8.4. To assume responsibility for the performance of tasks regarding the management of construction and investment of urban technical infrastructures according to law provisions and assignment of the provincial People's Committees;

2.8.5. To guide and examine the ensuring of urban environmental sanitation in localities;

2.8.6. To assume the prime responsibility for evaluating, and submitting to the provincial People's Committees, assorted unit prices, charges and prices of urban technical infrastructure services according to law provisions;

2.9. To guide and examine activities of public-service organizations in the domains under the provincial/municipal Services' management; to manage and direct activities of non-business organizations under the provincial/municipal Services;

2.10. To assist the provincial People's Committees in performing the State management over enterprises, collective and private economic organizations, associations and non-governmental organizations engaged in the domains under the provincial/municipal Services' management according to law provisions;

2.11. To organize scientific and technological research and application as well as environmental protection; to enter into international cooperation; to build the systems of information and data archival in the domains under the provincial/municipal Services' management according to law provisions;

2.12. To assist the provincial People's Committees in directing and guiding the People's Committees of the rural and urban districts as well as provincial towns and cities to perform the task of State management over construction sector;

2.13. To inspect and examine the implementation of law, settle complaints and denunciations, combat corruption and negative phenomena, and handle law violations in the domains falling under the State management competence of the provincial/municipal Services according to law provisions;

2.14. To send biannual, annual and extraordinary reports on the performance of tasks in the assigned domains to the provincial People's Committees, the Ministry of Construction and competent bodies according to law provisions;

2.15. To manage organizational apparatuses, payrolls, officials, public servants and employees according to law provisions and decentralization of the provincial People's Committees; to organize professional training and fostering, and development of the construction sector's human resources in localities;

2.16. To manage the assigned finance and assets and organize the implementation of the allocated budget according to law provisions and decentrali-zation of the provincial People's Committees;

2.17. To perform other tasks assigned by the provincial People's Committees.

3. Organizational structures and payrolls

3.1. The organizational structures of the provincial/municipal Services include:

- The directors and deputy-directors;

- Organizations assisting the directors;

- Dependent non-business units.

3.2. The directors are the heads of the provincial/municipal Services, being answerable to the provincial People's Committees for the provincial/municipal Services' activities. Deputy-directors are those who assist the directors in managing one or several working domains and are answerable to the directors for their assigned tasks according to law provisions. The number of deputy-directors shall not exceed three.

The appointment, dismissal or relief from office of the directors and deputy-directors shall be decided by the presidents of the provincial People's Committees according to the Party's and State's regulations on personnel management and professional criteria set by the Ministry of Construction.

The commendation or disciplining of the directors and deputy-directors shall comply with the provisions of law.

3.3. Organizations assisting the directors:

3.3.1. Organizations assisting the directors of the provincial/municipal Construction Services include:

- The offices;

- The inspectorates;

- Professional sections.

The number of professional sections shall not exceed 5, for provinces having urban centers of up to grade 3; or 6, for provinces having grade-2 urban centers and centrally-run cities.

3.3.2. Organizations assisting the directors of the provincial/municipal Planning-Architecture Services:

- The offices;

- The inspectorates;

- Professional sections.

The number of professional sections shall not exceed 5.

3.3.3. For the provincial/municipal Services of Communications and Public Works, apart from the organizations which assist the directors in performing the functions and tasks of general management and administration in the assigned domains, there shall also be separate professional organizations assisting the directors in performing the task of State management over the domain of urban technical infrastructures.

3.3.4. The directors of the provincial/municipal Construction Services (the provincial/municipal Services of Communications and Public Works, the provincial/municipal Planning-Architecture Services) shall coordinate with the directors of the provincial/municipal Services of Home Affairs in submitting to the provincial People's Committees for decision the specific structures of professional sections on the principle of fully covering the functions and tasks and clearly defining the responsibilities of the provincial/municipal Services in their working domains; not overlapping in tasks; suiting the nature, characteristics and actual work volumes in localities; simplifying administrative procedures and facilitating the settlement of organizations' and citizens' matters.

3.4. Non-business units under the provincial/municipal Services

Basing themselves on the specific characteristics and situation as well as the requirements and tasks of the work of State management over construction in localities, the provincial Peoples Committees shall decide to set up non-business units under the provincial/municipal Services according to law provisions.

3.5. The provincial/municipal Services' directors shall define in detail the functions, tasks and powers of the organizations under the provincial/municipal Services according to law provisions.

3.6. The provincial/municipal Services' State payrolls shall be decided by the provincial People's Committees at the proposals of the provincial/municipal Services' directors and the directors of the provincial/municipal Services of Home Affairs. The arrangement of the provincial/municipal Services' officials, public servants and employees must be based on the professional titles and criteria of ranks of State public servants and employees as prescribed by law.

II. PROFESSIONAL AGENCIES ASSISTING THE PEOPLE'S COMMITTEES OF THE RURAL AND URBAN DISTRICTS AS WELL AS PROVINCIAL TOWNS AND CITIES (REFERRED COLLECTIVELY TO AS THE DISTRICT-LEVEL) IN PERFORMING THE STATE MANAGEMENT OVER CONSTRUCTION

1. Tasks

1.1. To elaborate and implement five-year and annual plans; programs and projects on construction investment and development of construction materials, houses, urban technical infrastructures and residential quarters, assigned by the district-level People's Committees;

1.2. To guide the implementation of legal documents, mechanisms and policies; to propagate and disseminate information and educate law in the domains managed by the construction sector;

1.3. To submit to the district-level People's Committees blueprints of plannings on construction of urban centers and rural residential quarters; and construction materials plannings;

1.4. To guide and examine the construction of works according to the approved construction plannings and law provisions on architecture and planning management; to provide information on architecture and construction plannings as well as management of construction boundary markers, boundaries and foundation level in their localities according to the decentralization;

1.5. To assist the district-level People's Committees in granting construction permits and examining the construction under permits in localities according to the assignment and decentralization of the provincial People's Committees; to detect and report to the district-level People's Committees for handling, or submit to competent authorities for handling, law violations in construction and urban management according to law provisions;

1.6. To monitor, examine and evaluate the management, exploitation and use of urban technical infrastructures and rural residential quarters in localities according to the assignment and decentralization of the provincial People's Committees;

1.7. To assist the district-level People's Committees in organizing the implementation of mechanisms and policies on dwelling houses and working offices; to manage the dwelling house fund and the right to manage the use of working offices in localities according to the decentralization of the provincial People's Committees;

To organize surveys and statistics of the actual situation of dwelling houses and working offices; to sum up the situation on registration and transfer of ownership over dwelling houses and right to manage the use of working offices in localities;

1.8. To assist and bear responsibility before the district-level People's Committees for the performance of tasks of construction and investment management according to the assignment and decentralization of the provincial People's Committees;

1.9. To manage and archive dossiers and documents on construction survey and designs as well as dossiers on construction completion, which fall under the managing competence of the district-level People's Committees according to law provisions;

1.10. To assist the district-level People's Committees in directing and guiding the commune-level People's Committees to perform the task of State management over construction;

1.11. To sum up and make regular and extraordinary reports to the district-level People's Committees, the provincial/municipal Construction Services, the Services of Communications and Public Works and the Planning-Architecture Services (if any) on the performance of the assigned tasks in the construction sector's domains.

2. Organizational structures and State payrolls

A professional section which assists a district-level People's Committee in performing the State management over construction sector is staffed with professional officials performing the work of construction management with its head or a deputy-head being assigned to take charge of the work of construction management.

The provincial/municipal Construction Services shall assume the prime responsibility for, and coordinate with the provincial/municipal Services of Home Affairs in, elaborating and submitting to the provincial People's Committees for decision the organizational models of State management over construction at the district level in accordance with to law provisions as well as characteristics, situation and requirements of the work of management over construction in localities.

III. TASKS AND POWERS OF THE PEOPLE'S COMMITTEES OF THE COMMUNES, WARDS AND DISTRICT TOWNSHIPS IN PERFORMING THE STATE MANAGEMENT OVER CONSTRUCTION

The People's Committees of the communes, wards and district townships (referred collectively to as the communes) shall have the following tasks and powers of State management over construction within communes:

1. To propagate and disseminate legal documents on construction to people in the communes;

2. To organize the implementation of legal documents on construction according to their competence;

3. To organize the elaboration of plannings on construction of rural residential quarters and submit them to competent authorities for approval;

4. To manage construction boundary markers, boundaries and construction order in localities according to the approved construction plannings; to handle, or submit to competent authorities for handling, law violations in construction and urban management; to conciliate and settle complaints and disputes over construction activities according to law provisions;

5. To organize the construction, renovation and maintenance of works in the communes according to law provisions and decentralization of the provincial or district People's Committees;

6. To manage and archive survey and design dossiers and documents as well as dossiers of construction completion of works falling under the communes' management;

7. To grant and withdraw permits for construction of separate dwelling houses in rural residential quarters according to law provisions; to certify dossiers for competent authorities to make the registration of ownership over dwelling houses in the communes according to law provisions;

8. To sum up and make regular and extraordinary reports to the district-level People's Committees on the situation of construction activities in the communes.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette and replaces Joint Circular No. 1012/TT-LB of December 25, 1996 and Joint Circular No. 702/1997/TTLT/BXD-BTCCBCP of October 25, 1997 of the Ministry of Construction and the Government's Commission for Organi-zation and Personnel (now the Ministry of Home Affairs). All previous regulations and guidance different from this Circular are hereby annulled.

2. The People's Committees of the provinces and centrally-run cities shall base themselves on this Circular to define in detail the functions, tasks, powers, organizational structures and payrolls of the provincial/municipal Construction Services, the provincial/municipal Planning-Architecture Services and the provincial/municipal Services of Communi-cations and Public Works; the district-level construction-managing agencies; as well as tasks and powers of the commune-level People's Committees.

3. Any problems or difficulties arising in the course of implementation should be promptly reported to the Ministry of Construction and the Ministry of Home Affairs for study and settlement.