The Decision 194/bxd-Tel: Issuance Of Regulations On Building Management On Either Side Of Road

Original Language Title: Quyết định 193/BXD-ĐT: Về việc ban hành quy định về quản lý xây dựng hai bên đường bộ

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The DECISION of the MINISTER of CONSTRUCTION About the enactment of regulations on building management on either side of road base construction MINISTER Decree No. 59-dated 14 April 1988 of the Council of Ministers Regulation functions and organizational structure of the Ministry of construction;
Pursuant to Decree No. 196-dated 11-12-1989 by the Council of Ministers defined the tasks, powers and responsibilities of the State management of the Ministry;
Pursuant to decision No. 80-dated 9 May 1988 of the Council of Ministers on the policy of renovation of basic construction management;
 
Decision: article 1. Now issued together with this decision a "regulation on the management of the construction of two road parties".
Article 2. A this regulation be enforced uniformly throughout the country starting from the date issued. The previous regulations of the Ministry of construction and the people's committees of the province contrary to this regulation are repealed.
Article 3. The Chairman of the Committee on provincial, city and district level; the Chief of the Department, heads of Department, Service departments and the provincial Department of construction, the city, the district directly responsible for disseminating the guide levels made this decision.
 
PROVISIONS of the MINISTRY of CONSTRUCTION on 29-10-1990 ABOUT CONSTRUCTION MANAGEMENT of ROAD SIDES attached to decision No. 193BXD/TEL on 29-10-1990 by construction Minister i. GENERAL PROVISIONS article 1. The construction and renovation of buildings on either side of the road (the road "national road" the road the road and the district) are in accordance with the master plan was approved by the authorized and prescribed protective corridor roads in Decree No. 203-dated 21 December 1982 of the Council of Ministers and circular No. 184-GTTB on 19-10-1989 of the Ministry of transportation.
Build the sides of the road to ensure sanitation and landscape do not affect traffic smoothly and safely.
Article 2. The State, collective units and privately wishing to build or renovate buildings either side of the road outside the municipality must comply with the rules. (The construction works in the municipality are construction management regulations of the town).
Article 3. To prevent unauthorized construction caused chaos on both roads, to strengthen inspection, test and process the offending incident, pushing the popular propaganda laws and rules on construction management; announced the construction plan on either side of the road and the width so that people are aware and made; promptly detect and prevent the unauthorized behavior.
 
II. management of the PLANNING and MANAGEMENT of LAND for the CONSTRUCTION of TWO ROAD PARTIES article 4. Are planning to rearrange the settlement on the road "national highway", the province and the district, especially on the road, off the port. Not the planning and construction of the architectural works stretching along the axis roads affect traffic safety and speed that works together on some certain settlement according to the master plan.
Article 5. Planning the construction of two road parties ensure the following requirements:-compliance with the rules of the road protection under Decree No. 203-dated 21 December 1982 of the Council of Ministers.
-The layout of the buildings, the store's name seas signage must harmonize, the façade must ensure landscape to form the face of architecture along the road.
-Are reasonable market layout, structures, services, headquarters to work on either side of the road. Hospitals, schools, kindergartens are arranged within a "national highway" a minimum of 100 m to ensure safety and avoid traffic noise. The sanitation needs in hidden places and have the wall. Must have drainage to drain water to the side of the road and construction of land on either side of the road.
-For works-and vehicles such as markets, theaters, stadiums and parking layouts need grounds to avoid traffic jams on the roads.
Article 6. For the sections of roads through the cities, towns and communes to determine cross-section and planning on either side of the road to meet traffic requirements for foreign and internal transport, request a layout works under the road surface, architecture and requirements in the activities of the municipality.
Article 7. Authority to approve the plan of residential roads either side of the point (not the cities, towns, townships) are defined as follows:-for the road "highway" and the roads in the province by that province people's Committee approval. Department of construction after the agreement with the Department of transportation (or Department), land management, the provincial people's Committee approval;
-For the road district by district committees Chairman after review agreed with the Department of transportation (or Department), land management and the credentials of the people's Committee.
Article 8. The granting of permission to use the land to build the works on both roads are in accordance with the construction plan was approved by the authority and in accordance with article 12 of law of the land.
Case construction plan, the Department of building construction management agency and the district must craft a profile research planned under the provisions in article 5 and deals with land management agencies and the traffic and the people's committees of the province (for the road "highway" and the province) or district people's Committee (for the way the district) approval to base level land use permit for the requested build.
Construction land use to save, the best use of land to build must pay tax, pay and compensation of damage to houses and flower color (if any) for who are the legitimate land uses according to the regulations of the State.
Article 9. Content of the application for land use permit at the sides of roads shall be as follows:-an application for land use permit. Diagram of location of the property please build the ratio 1/2000-1/5000-the drawing of the face by the rate of 1/500 the preliminary design drawings of 1/100 or 1/50. Presentation, summary of the purpose and reasons of efficiency construction, the solution is mainly on architecture and engineering.
-Text captions and confirm there is enough funding to invest in construction.
Điều10. The time limit for review, resolve land use permit not to exceed 60 days get enough valid records.
The land was granted to build to use for your purposes and the content was recorded in the license and not be transferred to others in any way. The washing time limit of 12 months from the date of issue which is not implemented, then the license is no longer valid. If there are justifiable reasons shall be renewed for three months.
 
III. CONSISTENT LOGICAL CONSTRUCTION of TWO ROAD PARTIES article 11. All works, projects of the institutions of State, collective and private want to build new or renovate extends on either side of the road all must apply for a license to build.
Application for a building permit, including:-an application for a building permit.
-Map the current state of the construction area has just about build rate of 1/500. Land map excerpts are licensed for use and land use license copy.
-Total floor lệ1/500 billion public works and technical drawings.
-The text summary presentation.
Article 12. The construction road sides must abide by the following rules:-The construction work to have projects designed by the agency or individual registered design. The billboards, the store's name seas stores are elegant and harmonious, with architecture and the layout is logical does not affect vision. If the layout out construction works and high beyond architecture has allowed all must allow private procedures.

-The place of construction, to do the sidewalks for pedestrians and ensure traffic safety.
Article 13. The management of the construction of two road parties hierarchical are as follows:-for the road "highway" and the roads in the province by that province people's Committee of management, construction facility is helping the authorities manage to build the sides of the road "highway" and the province in areas not within the urban development planning. Chairman of the provincial people's Committee may authorize the Chairman of the district people's Committee to manage the construction of two road "highway" and the province according to the approved plan.
-For the road district by district people's Committee of management, building management agency of the district is the Agency helps District Manager built on either side of the road district.
Communal people's Committee is the body check and guide build according to the building permit, are not allowed to build.
Article 14. The sequence and duration of construction license as follows:-contact with building management bodies to learn and plan to listen to instructions for building permits. Set the application for building permit. Construction management agency receiving and accepting the records, licensing procedures for construction. Building license.
The time limit for accepting the records, licensed building is 60 days after the receipt of a valid application. If there are problems yet to be resolved, the building management bodies to notify the owner know the reason to persist.
Article 15. After being granted a building permit, the owner must notify the Committee town knew before construction. To build the right design and the regulations in the building permit, to respect the rules of order, hygiene and safety in construction, road surface may not be used to accommodate building materials. When construction is completed to register works with the building management bodies to establish ownership and level of tax.
 
IV. test, INSPECTION of CONSTRUCTION of TWO SIDE HANDLES and VIOLATION of article 16. All cases built on either side of the road without a building permit or wrong with the content stated in the licence shall be sanctioned under the provisions of administrative sanctions or legal prosecution. Construction administration license not correct or wrong jurisdiction rules then custom level of violation the administrative sanction would be, or be prosecuted under the law.
Article 17. Provincial people's committees and the people's Committee of the district held the crew checked the construction road sides in its management rights to detect and prevent timely cases of unauthorized construction. When checked, the check or check the Group Member has the right:-require litigants to present records and building permit-Setting the minutes check.-temporary suspension of the construction of not more than 7 days.
-Recommended level of sanctions with the authority.
Viềc sanction works has built within the corridor road to protection in accordance with article 8 of the decree dated 21-12-203, 1982 of the Council of Ministers.
 
V. the TERMS OF IMPLEMENTATION of Article 18. A rule is applied to the management of the construction of the adjacent homes directly on either side of the road "national highway", the province and the districts within the country.
All organizations and citizens are responsible for the implementation of this regulation.
Article 19. The people's Committee of the President of the province, the district, central cities are responsible for implementation of this regulation a.
The building Department is responsible for disseminating specific guidance, and tracking, checking the enforcement of a regulation.
Article 20. A regulation has effect from the date of registration; the regulations of the Ministry of construction and the local people's Committee opposed A regulation are repealed.