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Directive 2004/ct-Ttg Dated: About The Deployment Of Law Enforcement Building

Original Language Title: Chỉ thị 08/2004/CT-TTg: Về việc triển khai thi hành Luật Xây dựng

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Directive on the enforcement of the law on building construction Law is National Assembly session, Wednesday, through November 26, 2003, with effect from 1 July 2004. The Prime Minister requests, government agency heads, the President of the people's committees of provinces and cities under central well-organised preparation work Law enforcement deployment designed to quickly bring the building to life, the Law creating the positive in building management and construction , putting the management of activities building on order, discipline. The immediate focus needs to perform some of the following tasks: 1. To urgently prepare the conditions to enforce building Laws: from now to when the law on building effective enforcement should focus on doing well the work of focus: a) building system legal texts related to construction Law issued in sync :-the Ministry of construction is responsible for drafting the decrees, documents relating to the Government issued or attached to the authority promptly when the law in force; reviewing the system of legal documents related to current building activity, normative systems, construction standards, to modify, Supplement, issued for new construction Law suits;
-The Ministry of defence, the Ministry of public security, the Ministry of agriculture and rural development in collaboration with the Ministry of construction research urgently drafted regulations on the construction of Defense structures, security ... in State secrets, as ordered construction of an emergency;
-Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central are responsible for: reviewing, amendment, Supplement, issued under the authority or the Government, the Prime Minister issued the text of his industry in accordance with the law;
b) the popular, legal education:-The construction, in coordination with the ministries concerned organized construction Law and common law relating to administration officials about building in the ministries, local; propaganda, extensive common to every object in order to make the people understand what the content of the law, the responsibility of the owner to participate in construction, responsible for managing the construction activities of the ministries; high sense accepted the rule of Law among the people;
-Ministry of construction, Ministry of culture and information, the radio voice of Vietnam, Vietnam television station, the Ministry of Justice Law propaganda organization built on the mass media;
-People's Committee granted the organization declared a traditional, popular local building Laws to let the people know and make the law building.
c) Sue the entire organization to perform construction Law:-the Ministry of Interior, in coordination with the Ministry of construction research, recommendations to help organizations improve people's Social Committee, district level, provincial level enhanced management of local construction activities according to the hierarchy;
-Committee level have a responsibility to correct, organize, rearrange the construction management organization to ensure there are enough people with enough capacity conditions make state management functions of local construction according to the provisions of the law on construction;
-Ministry of construction is responsible for organizing training, fostered to improve their management capacity building for staff, the direct public servants to do the work of building management, particularly for Ward, social level;
-Business-building activity is responsible for enhancing the investment in terms of people, equipment, capacity-building activities to decentralized capacity-building activities under the provisions of the construction Act.
2. Organize implementation of the legal texts applicable construction investment management to proceed to implement the construction Law: The Law enforcement organizations build and deployment must be comprehensive. From now until the construction Law in force must strictly implement regulations on investment and building attached to Decree No. 51/1999/ND-CP on 1st September 1999, Decree No. 12/2000/ND-CP dated May 5, 2000, Decree No. 19/2003/ND-CP on 30 January 2003 and other applicable regulations concerned; at the same time doing some good work: a) improve the work establishment, management, review the planning construction, overcome the planning does not come to life, bad planning "hanging":-the Ministry of construction is responsible for guiding the implementation of local planning process urban construction , rural settlement, ensure simple procedures, easy-to-implement, cost-effective; guide the work of the urban design aimed at managing urban architecture serves for the licensing of building and construction management; licensing process improvement build simple, tight, create favorable conditions for people applying for license construction;
-Provincial people's Committee has the responsibility for directing lower-level people's committees reviewing the planning of urban construction, rural settlement on the area by themselves managed to timely adjust construction planning consistent with the actual situation, and has specific plans on time to capital planning, construction of the municipality, the rural settlement have yet to be planned. In 2004 and 2005, basically in the municipality, the rural settlement must have approved construction planning, ensure planning is a step ahead in building activities. The construction plan was approved by the authority must be public, extensive information to all classes of the people to implement and monitor implementation of provisions of the law. Determined to handle the situation wrong building, wrong zoning, building construction license without license, building permits, building left encroachment. Fine condition for termination exists, restore order discipline in the granting of a building permit;
b) overcoming shortcomings in the management of construction works and the quality of construction works:-correct investment status, inefficient, debt-long backlog due to the ministries, local Manager for the State capital; all investment projects of building construction must guarantee according to the approved plan, ensure effective;
-Strict implementation of the provisions of the Government on the approval hierarchy, project management, construction, clarifies the responsibilities of institutions, individuals, the owner, the owner can be active participants in building and management of investment projects in construction, there are measures preventing negative phenomena , causing waste losses in investment construction investment construction projects do not effectively;
-Take measures to prevent negative status in tenders, bid low do influence the quality of the works, reducing the effectiveness of investment projects;
-Invest, organizational capacity building, project management, building construction enterprises ensure eligible prescribed capacity, restore order in building activity. Each step in the professionalization of project management organization building especially the organization supervising the construction;
-The selection of contractors in construction activities must ensure the selection of qualified contractors are operational capacity respectively. Causes leading to quality works does not guarantee to make it clear, the responsibility and the handle firmly. Terminate the construction status does not guarantee the quality, leading to incidents of damage to persons and property.
3. Implementation of inspection, inspection of construction work:

a) intensify inspection, inspection of the observance of laws on construction.
In 2004, the Ministry of construction, State inspectors, the ministries, the people's committees of provinces and cities under central focus make the task of examining, in the opinion of The Inspector in announcements of 108 TB/TW on May 14 of 2003 on the inspection of the basic construction investment and management land use, and decision No. 273/QD-TTg dated 12 April 2002 of the Prime about inspect the construction investment and management, use land.
Through testing, inspection, must resolutely handle those violations, especially with those officers, held rights to abuse servants corruption, bribery, causing damage to the State.
b) resolve complaints, accusations about the construction investment management.
The Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's Committee of the central cities, according to the functions and tasks assigned responsibility to organize the implementation of this directive. The Ministry of construction is responsible for the track, urging the implementation of ministries, sectors, localities and Prime report the implementation of this directive.