According to the Government 's new authority division, the People's Committee at the commune level will grant construction permits from July 1.
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| From July 1, commune-level authorities will be authorized to grant construction permits, inspect planning and receive applications for purchasing social housing... |
The Government has just issued Decree 140, regulating the decentralization of tasks and powers between provincial and communal People's Committees in the management field of the Ministry of Construction . This adjustment took place after the National Assembly finalized the country to have 34 provinces and cities.
The Decree clearly stipulates the provisions on the division of authority when organizing two-level local government in the fields of construction activities; housing, real estate business; architecture, urban development, technical infrastructure; and transportation.
Duties and authority on construction permits
According to the Decree, the authority to grant construction permits as prescribed in Clause 2 and Clause 3, Article 103 of the 2014 Construction Law (amended and supplemented in 2020) is exercised by the People's Committee at the commune level.
The authority to approve construction sites is stipulated in Clause 9, Article 53 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing a number of articles and measures to implement the Construction Law on construction management activities, which is implemented by the People's Committee at the commune level.
The order, procedures and contents related to construction permits and approval of construction sites shall comply with the provisions of the 2014 Construction Law (amended and supplemented in 2020) and Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
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| According to the Government's new authority division, the People's Committees at the commune level will grant construction permits from July 1. |
Duties and authorities related to social housing
The Decree clearly states that the People's Committees at the commune level are responsible for receiving applications for purchase, rent or hire-purchase of social housing from resettled people; checking and confirming the subjects; making a list of households, individuals and families eligible to purchase, rent or hire-purchase social housing as prescribed in Clauses 1, 2 and 3, Article 39 of Decree No. 95/2024/ND-CP dated July 24, 2024 of the Government.
The responsibility for confirming the subject in the application whose name is on the Certificate of land use rights and ownership of assets attached to land of the Office/Branch of the district-level land registration office of the province or centrally run city as prescribed in Clause 1, Article 29 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing is determined by the Land Registration Office/Branch of the Land Registration Office located at the commune-level administrative units or inter-commune and ward areas of the province or centrally run city where the social housing project is implemented.
The responsibility for confirming the subjects specified in Clause 10, Article 76 of the Housing Law of the People's Committee at the district level specified in Point a, Clause 1 and Point a, Clause 3, Article 37 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government is implemented by the People's Committee at the commune level.
The responsibility for appraising and confirming the subjects, housing conditions, income conditions, and conditions for preferential loans of the Department of Natural Resources and Environment and district-level authorities as prescribed in Clause 14, Article 75 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government is implemented by the Department of Agriculture and Environment and commune-level authorities.
The responsibility for publicly announcing information related to social housing construction investment projects provided by investors of the People's Committee at the district level as prescribed in Point a, Clause 1, Article 38 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government is assigned to the People's Committee at the commune level where the project is implemented.
The responsibility for confirming the subjects specified in Clause 10, Article 76 of the Housing Law of the People's Committee at the district level where the land is recovered and the houses must be cleared and demolished as prescribed in Point c, Clause 1, Article 38 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government is implemented by the People's Committee at the commune level.
The responsibility for deciding on preferential loan sources through the Social Policy Bank for entrusted capital from the Local Housing Development Fund (if any), annual local budget support, capital from bond issuance, housing bonds and other legal sources as prescribed by law for district-level budgets to implement local social housing targets and plans prescribed in Point c, Clause 1, Article 50 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government shall be implemented by the People's Council at the commune level.
The responsibility for establishing the Social Housing Recovery Enforcement Board is vested in the Chairman of the District People's Committee in cases where the Provincial People's Committee authorizes it as prescribed in Clause 2, Article 55 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government, and is vested in the Chairman of the Commune People's Committee; members of the Enforcement Board include: the Chairman or Vice Chairman of the Provincial or Commune People's Committee as the head of the board; representatives of specialized agencies under the Commune People's Committee with the functions of inspection, construction, justice, natural resources and environment; project investors; representatives of the Management Board and other members as decided by the Chairman of the Provincial or Commune People's Committee.
The responsibility to participate in supervising the compulsory recovery of social housing as prescribed in Clause 5, Article 55 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government is implemented by the Vietnam Fatherland Front Committee at the commune level.
The responsibility for organizing the enforcement and handling complaints related to the enforcement in accordance with the provisions of law on complaints of the People's Committee at the district level as prescribed in Clause 1, Article 56 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government shall be implemented by the People's Committee at the commune level.
The responsibility for approving the enforcement plan and budget estimate for enforcement activities of the District People's Committee as prescribed in Clause 2, Article 56 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government shall be implemented by the Commune People's Committee.
State management responsibility for real estate business
The responsibility for performing state management of real estate business as prescribed in Clause 5, Article 81 of the Law on Real Estate Business 2023 shall be performed by the People's Committee at the commune level.
This Decree takes effect from July 1, 2025 and expires from March 1, 2027, except for the following cases:
Ministries and ministerial-level agencies shall report to the Government for proposal and the National Assembly shall decide to extend the application period of all or part of this Decree.
Laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees, resolutions of the Government, decisions of the Prime Minister containing provisions on the authority, responsibility for state management, order and procedures prescribed in this Decree that are adopted or promulgated from July 1, 2025 and take effect before March 1, 2027, the corresponding provisions in this Decree shall cease to be effective at the time such legal documents take effect.
During the effective period of the provisions of this Decree, if the provisions on authority, responsibility for state management, order and procedures in this Decree are different from relevant legal documents, the provisions of this Decree shall apply.
In case the local construction authority that has been decentralized or delegated does not have sufficient conditions to perform its tasks, upon receiving the request of the investor, the decentralized or delegated authority shall instruct the investor to submit the dossier to the construction authority before the effective date of this Decree for continued implementation.
According to VTV.vn
Source: https://baohagiang.vn/xa-hoi/202506/cap-xa-duoc-cap-phep-xay-dung-xac-nhan-mua-nha-o-xa-hoi-tu-17-17d4fe2/
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