Advanced Search

Circular 1/2004/ttlt/bxd-Bnv: A Guide To The Functions, Duties, Powers And Organization Of Specialized Agencies To Help The People Committee Governance In Local Construction Industry

Original Language Title: Thông tư liên tịch 01/2004/TTLT/BXD-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của cơ quan chuyên môn giúp Ủy ban nhân dân quản lý nhà nước ngành xây dựng tại địa phương

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR guide functions, tasks, powers and organization of specialized agencies to help the people Committee governance in local construction industry _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2003/ND-CP dated 4 April 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 45/2003/ND-CP dated 9 May 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Contact the Ministry of construction and the Ministry of the Interior guidance functions, tasks, powers and structure of the specialized agencies to help the people's committees implement state management functionality on the local construction industry are as follows: i. SPECIALIZED AGENCIES to HELP the PROVINCE PEOPLE'S COMMITTEE, the CENTRAL CITIES of STATE MANAGEMENT in the CONSTRUCTION INDUSTRY 1. For therapy and 1.1 functionality. The specialized agencies (hereinafter referred to as the Department) is the Chairman of the provincial people's Committee, to help the city, centrally (hereinafter referred to as the Department) to manage the State of the local construction industry, including: Facility construction in the provinces and cities under central.
Department of transportation-public works in the central cities.
Department of planning & architecture in the city of Hanoi and Ho Chi Minh City 1.2. The fields in the range of State management of the local construction industry are: construction; building materials; housing and offices; architecture, urban construction planning, planning the construction of rural residential point; the technical infrastructure of the municipality (urban roads, summer, water supply, drainage, lighting, Green Park, urban waste, cemeteries, parking in the municipality).
1.3. the specific functions of the Department are as follows: 1.3.1. In the city of Hanoi and Ho Chi Minh City.
-Department of building and help the city people's Committee to implement state management functions on fields: construction; building materials; housing and offices;
-Department of transportation-public works staff and help the city people's Committee to implement state management functions in the field of urban technical infrastructure;
-Planning Department-Chief architecture and help the city people's Committee to implement state management functions in the field of architecture, urban construction planning, planning the construction of rural residential point;
1.3.2. In the central cities.
-Department of building and help the city people's Committee to implement state management functions on fields: construction; building materials; housing and offices; architecture, urban construction planning, planning the construction of rural residential point;
-Department of transportation-public works staff and help the city people's Committee to perform the functions of State management in the field of urban infrastructure.
1.3.3. In the remaining provinces.
Department of construction and help people's committees implement state management functions in the areas referred to in point 1.2 above.
1.4. The Department submit to the Organization, staffing and operation of the provincial people's Committee, subject to the direction, guidance and test of professional expertise of the Ministry of construction in the areas belonging to the range of State management.
2. duties and powers 2.1. The provincial people's Committee issued the decision, directive on the field management of the Department in accordance with the law;
2.2. The people's Committee of development planning, long term plan, five-year and annual plans, programs, projects, important construction works in the field of the management of the Department consistent with overall planning the social-economic development of local, regional and sectoral development planning , specialized in the country; responsible for implementation after approval;
2.3. Instructions, checks, reviews and general implementation of the legal text, the mode, the policy, procedures, standards, technical-economic norms in the field of the management of the Department in accordance with the law; advocacy, information dissemination, education and legislation the administration area of the Department;
2.4. building management: 2.4.1. The provincial people's Committee mandate the assigning, decentralized and delegated the construction investment management under the authority of the management in accordance with the law;
Instructions, check the implementation of the decision of the provincial people's Committee about the assignment, decentralized and delegated management of construction;
2.4.2. The guide, check out the organizations and individuals in the implementation of the provisions of the law on construction works according to the hierarchy and assigned by the provincial people's Committee;
Responsible for organizing the management of the project construction investment by the province people's Committee;
Evaluation and take responsibility for results evaluation design projects of construction investment by the province people's Committee;
2.4.3. The guide, check the bidding in construction (construction, consulting, monitoring) for the construction of the management authority in accordance with the law;
2.4.4. The people's committees of the province regulating the decentralized management of the quality of construction works under the authority of the management;
Help people's unity Committee of State management on the quality of local construction.
Track, aggregate and report the situation to manage the quality of the work of the ministries, organizations, personal construction;
The Organization conducted the assessment of the quality of construction works, the assessment of incidents of local construction work according to the hierarchies and assigned by the provincial people's Committee;
2.4.5. Granted, revoked license, certificate types as specified by law; granted, revoke the building permit authorized by the provincial people's Committee; guide the people at district level committees, commune in the grant, revoke a building permit under the jurisdiction of the people's committees at district level.
2.4.6. The guide, check the implementation of the provisions of the law on condition that the capacity-building activities, the capacity of practice; General situation, capacity building activities, the capacity of practice of organisations, individuals involved in construction activity in the province;
2.4.7. Guidance and implementation the management, use, filing of documents, survey, design and construction of complete records the construction of the Department as required by law;
2.4.8. The people's committees of the province enacted the basic building unit price locally; Notice the price of materials, building materials to construction;
The Ministry of construction to modify, supplement or allow applying technical-economic norms to new or peculiar for the construction works under the authority of the management;
2.5. Management of building materials: 2.5.1. The provincial people's Committee of the mechanisms, policies encouraged industrial development, building materials;
2.5.2. track, aggregate, mining investment situation, production of building materials of the organization or individual;
2.5.3. The guide, check the use of approved materials in the construction works under the authority of the management;
2.6. the housing management office and: 2.6.1. Help people's unity Committee governance and public offices;
2.6.2. The guide, test, evaluate and synthesize the situation develop, manage, exploit, use and public housing fund; guide the implementation of design patterns, design, warranty, maintenance of public service, of the agencies, local organizations;
2.6.3. performing organization inquiry, statistics on the current state of housing, offices, general situation registered, shifting ownership of the housing and the right to manage the use of public office;
2.6.4. the people's committees Help organize implementation mechanisms, the policy on the management and development of the housing market;

2.7. On management architecture, urban construction planning, planning the construction of rural residential point;
2.7.1. The people's Committee of the assigning, decentralized management of architecture, urban construction planning, building planning of rural settlement, other construction planning in local management authorities;
2.7.2. Chairing the appraisal, the provincial people's Committee approval according to jurisdiction or to prepare the profile to people's Committee process of the competent State Agency approved the project to classify and recognize the type of municipality, the projects of construction planning department in the province, planning of urban construction and other construction plan under the provisions of the law; responsible for the results of the evaluation of the projects by the host;
Approval of the projects of planning construction details as authorized by the provincial people's Committee;
Guide, test-level people's committees, commune, in the Organization of the establishment of the evaluation, approval and management of the construction plan of the town, a rural settlement in the district, according to the hierarchy, ensure appropriate, consistent with the overall construction plan was approved by the authority;
2.7.3. Management and responsible for the architecture, construction planning have been approved locally, including: Organization of building plans were approved; the governing body of world landmarks, just about to build, build: provides information on architecture, planning construction; Introduction location, architectural projects appraisal for construction projects;
2.7.4. Instructions, check the exploitation of land use, urban construction, rural settlement under construction; help the people's Committee for planning management system to build the sides of roads (including national highways, InterCity line, district line, the town, the railroad) under the provisions of the law;
2.7.5. The guide, check the implementation regulations of the law on the conditions of practicing architects and copyright for works of architecture;
2.8. About the management of urban infrastructure: 2.8.1. The provincial people's Committee regulating the decentralized management of the technical infrastructure works municipality of the province's management authority;
2.8.2. The people's committees, policy mechanisms to mobilize resources, encouragement and socialization development investment, management, exploitation and provide technical services to the municipality;
2.8.3. The guide, check, general situation of construction management, extraction, use, maintenance, servicing, repair of infrastructure works municipality on the area according to the assignment of provincial people's committees;
2.8.4. Is responsible for implementation of the tasks of managing the investment in building the technical infrastructure works municipality as defined by law and assigned by the provincial people's Committee;
2.8.5. Instructions, check the implementation of sanitation, urban environment;
2.8.6. Chairing the appraisal, the provincial people's Committee of the types of unit cost, cost, cost of technical services of the municipality under the provisions of the law.
2.9. The guide, check the operation of the public service organizations in the areas of management of the Department; manages and directs activities for the Organization of a career in the Department;
2.10. Help people Committee the governance for enterprises, collective economic organizations and the private sector, and non-governmental organizations active in the field of the management of the Department in accordance with the law;
2.11. research organizations, the application of scientific and technological progress, protection of the environment; implementation of international cooperation; construction of the information system, the archives of the administration area of the Department under the provisions of the law;
2.12. Help people's Committee, the Steering Committee guides the people of the district, the County, towns and cities in the implementation of State management tasks on the construction industry;
2.13. Inspection check the enforcement of the law, resolve complaints, accusations, against corruption, negative and handle breach of the law in the areas under the jurisdiction of the State Department's management under the provisions of the law;
2.14. the periodic report on 6 months, 1 year and the implementation of the tasks in the areas assigned to the provincial people's Committee, the Ministry of construction and the competent authority in accordance with the legal documents;
2.15. organizational management, payroll, public servants in accordance with the law and the hierarchy of people's committees; training organization, fostering of professional expertise and developing human resources in local construction industry;
2.16. the financial management, asset and the implementation of the budget is allocated according to the provisions of the law and the hierarchy of people's committees;
2.17. Perform other duties as assigned by the provincial people's Committee.
3. Organization and staffing 3.1. The Organization of the Department include:-the Director and the Deputy Director-assisting organizations Director – The business units directly.
3.2. the Director is the head of Department, responsible to the provincial people's Committee about the activities of the Department, Deputy Director of the Department's Director of the Department in charge of one or some sectors and responsible to the Director about the tasks assigned under the provisions of the law. The number of Deputy Director of the Department of no more than 3 people.
The appointment, dismissal, resignation of Director, Deputy Director of the Department by the Chairman of the provincial people's Committee decided according to the rules of the party, the State on the management staff and professional standards by the Ministry of construction issued.
The reward, discipline Director, Vice Director of the Department to comply to the provisions of the law.
3.3. The institutions help the Director 3.3.1. The organization helps the Director construction will include:-Office-inspection-The professional room service.
The number of professional room of no more than 5 rooms for the municipality to have type 3; not more than 6 rooms for the municipality have type 2 and the central cities.
3.3.2. The institutions help the Director planning & architecture.
-Office,-inspection-The professional room service.
The number of departments, services of the Department of not more than 5 rooms.
3.3.3. for Transit-public works, in addition to the organizations that help the Director performs functions, task management, operating in the areas assigned, also held a private professional help Director made the task of the State management sector of the urban infrastructure.
3.3.4. The Director of the Department of building (Department of Justice, Department of transportation-planning-architecture) in collaboration with the Director of the Department of the Interior process of provincial people's committees decided to structure specific departments, services on the overarching principle that full functionality, a clear mission and responsibility on the areas of the work of the Department; non-overlapping missions; consistent with the nature, characteristics and actual workload in the locality; ensure simplicity of administrative procedures and facilitate the resolution of work for organizations and citizens.
3.4. The business units directly under the Department.
Based on the specific situation, characteristics and requirements, the Mission of the State management in the construction industry at the local, provincial people's Committee decided to set up the business units directly under the Department under the provisions of the law.
3.5. Director detailing the functions, duties and powers of the Organization in the Department under the provisions of the law.
3.6. the staffing of the Department by the provincial people's Committee decided to follow the recommendation of the Director and the Director of the Department of the Interior. The deployment of officers, civil servants, officers of the Department are professional titles base, whether the standards the State servants as stipulated by law.

II. SPECIALIZED AGENCIES to HELP the PEOPLE'S COMMITTEE of the DISTRICT, County, CITY, TOWN in the PROVINCE (DISTRICT LEVEL) GOVERNANCE the CONSTRUCTION INDUSTRY 1. 1.1 mission. Building and implementing a five-year plan, annual; the program, project development, construction and construction materials, housing development, urban infrastructure, residential area by the district-level people's committees;
1.2. Guiding the implementation of the legal text, the mechanism, policy, advocacy, information dissemination, education and legislation management sectors of the construction industry;
1.3. The people's committees at district level the construction plan of the town, a rural settlement; planning and construction materials;
1.4. The guide, check out the construction works in accordance with the approved building plans and the provisions of the law on management architecture, planning; provides information about the architecture, planning, construction management of boundary, just about the construction, the reinforcement of local construction according to the hierarchy;
1.5. Assist district-level people's committees implement the construction permit and inspect the construction under licence on the area as assigned, the hierarchy of people's committees; the discovery, reported to the district level people's initial Commission handles or the competent handling of breaking the law in construction and management of the municipality under the provisions of the law;
1.6. Tracking, testing, reviews the management and use of the technical infrastructure works municipality, rural settlement on the area according to the assignment, the hierarchy of people's committees.
1.7. district-level people's committees Help organize implementation mechanisms, housing policy and the workplace; Housing Fund management and administration using the local facility according to the hierarchy of people's committees;
The Organization conducted the investigation, statistics on the current state of housing, offices, general equitable registration situation, shifting ownership of the housing and the right to manage the use of public office;
1.8. Help and responsible to the people's committees at district level in performing the duties of the construction investment management under decentralized, assignment of provincial people's committees;
1.9. Management, archive records, documentation, survey, design and construction of complete profile the construction works under the authority of the people's Committee of management at district level in accordance with the law;
1.10. the people's committees at district level to help steer, guide the people's Committee of the social mission of State management in the construction industry;
1.11. General, periodic reports and with the people's committees at district level, and the Department of transportation, the Department of public works planning, architecture (if any) on the implementation of the tasks in the fields in the construction industry;
2. Organization and payroll departments implement the function-level people's committees help state management in the construction industry have staffing officers, professional expertise and construction management; assigned to the Chief or Deputy head 1 in charge of building management;
Department of construction of coordinated with the Department of the interior building schemes the provincial people's Committee decided to model the governing State-level construction industry under the provisions of the law, in accordance with the characteristics and requirements of the situation, the management of the local construction industry.
III. duties and powers of BOARD GAMING POPULATION of communes, wards and TOWNS on the MANAGEMENT of the STATE CONSTRUCTION Committee, Ward, Township people's commune (communes) have the mission and powers of State management in the construction industry within the town as follows: 1. Advocacy, dissemination of legal texts in the construction industry for the people of the commune;
2. Implement legal texts the construction industry according to the authority;
3. The organization planning to build the rural settlement, the authority for approval;
4. Manage the boundary, just build and build on the order according to the construction plan has been approved; handle or the competent handling of breaking the law in construction and urban management; implementation of mediation, to resolve the complaint, the dispute in respect of the construction works in accordance with phápluật;
5. organizations perform in the construction, improvement, maintenance, maintenance works on the locality according to the provisions of the law and the hierarchy of people's committees, the district people's Committee;
6. Manage, archive records, survey, document design, the complete records of construction works under the control of management;
7. Grant, revoke the licence to build individual houses in the rural settlement in accordance with the law; confirm profile to authority made the housing ownership registration on prescribed by law;
8. General, periodic reports and with the people's committees at district level on the State of the activities on construction.
IV. IMPLEMENTATION 1. This circular effect made after 15 days from the date the report and replacing circular No. 1012/TT-LB on 25/12/1996; Circular No. 702/1997/TTLT-BXD-BTCCBCP on 25/10/1997 of the Ministry of construction-organizing Committee officials and Government (now the Ministry of the Interior). The rules and guidelines before other than this circular are repealed.
2. the people's committees of provinces and cities under central pursuant to this circular detailing the functions, duties, powers, organization and staffing of the Department of construction, Department of planning & architecture, traffic Facility-public works; building management bodies at district level, the duties and powers of the people's Committee of the social level.
3. In the process of implementation, if any problems arise or difficult problems need timely reflection of the Ministry of construction and the Ministry of Interior for research to resolve.