The Ministry of Construction proposes regulations on the functions, tasks and powers of the Department of Construction (a specialized construction agency under the People's Committee of a province or centrally-run city). |
According to the draft, the Department of Construction is a specialized agency under the Provincial People's Committee; performs the function of advising and assisting the Provincial People's Committee in performing the function of state management on: Construction planning and architecture; construction investment activities; urban development; urban and rural technical infrastructure (including: Clean water supply (except for rural clean water); drainage and wastewater treatment (except for on-site wastewater treatment; drainage for agricultural production, salt production); parks, urban trees; urban lighting; cemeteries (except for martyrs' cemeteries) and crematoriums; urban traffic infrastructure; underground construction space management; management of shared use of urban technical infrastructure works and rural residential areas); housing; offices; real estate market; construction materials; road, railway, inland waterway transport; traffic safety (excluding the task of testing and granting driving licenses for road motor vehicles).
For Hanoi and Ho Chi Minh City, which have the Department of Planning and Architecture, the function of advising on construction planning and architecture is performed by the Department of Planning and Architecture; for the Department of Construction of Hanoi City and the Department of Construction of Ho Chi Minh City, they do not perform the function of advising and assisting the People's Committee of the city in state management of the field of construction planning and architecture.
Duties and powers
In the draft, the Ministry of Construction proposed 29 tasks of the Department of Construction. In particular, the Department of Construction submits to the Provincial People's Committee a draft decision of the Provincial People's Committee related to the construction sector and fields under the management of the Department and other documents as assigned by the Provincial People's Committee; a draft plan for the development of the construction sector and fields; a program and measures to organize the implementation of tasks related to the construction sector and fields in the province within the management scope of the Department; a draft decision on decentralization and authorization of state management tasks in the construction sector and fields; a draft decision specifying the functions, tasks, powers and organizational structure of the Department; a draft decision specifying the functions, tasks, powers and organizational structure of the Department's branches.
Regarding architecture, the Department of Construction shall implement and coordinate with ministries and ministerial-level agencies to organize the implementation, monitor, inspect and supervise the quality of architecture in construction investment projects; organize the establishment of architectural management regulations according to the decentralization and authorization of the Provincial People's Committee; guide and inspect with the Commune People's Committee in the establishment and appraisal of urban architectural management regulations under the approval and promulgation authority of the Commune People's Committee; guide and inspect the implementation of architectural management regulations after they are approved and promulgated by competent authorities; organize the review and assessment of the implementation process of architectural management regulations periodically every 5 years or suddenly to consider and adjust the architectural management regulations.
The Department of Construction issues, adjusts, extends, reissues, and revokes architectural practice certificates; recognizes and converts architectural practice certificates for foreigners who have valid architectural practice certificates issued by competent foreign agencies and organizations; builds a database, updates, posts, and provides information on organizations and individuals practicing architecture with headquarters in the area.
Regarding construction investment activities, the Department of Construction guides and inspects the implementation of legal provisions in construction investment activities, including: Establishing, appraising and approving construction investment projects; surveying and designing construction; granting construction permits; construction, acceptance, issuance and maintenance of construction works; specialized construction testing and construction inspection; safety in construction; management of construction investment costs, construction contracts; management of construction capacity conditions of organizations and individuals and issuance of operating licenses to foreign contractors; appraisal of construction investment feasibility study reports, design implementation after basic design of construction investment projects, inspection of construction acceptance work in the area according to regulations.
The Department of Construction manages bidding work in construction activities according to the provisions of the law on construction and the law on bidding in the area; advises and assists the Provincial People's Committee in state management of the activities of the Construction Investment Project Management Boards.
Regarding urban development, the Department of Construction develops mechanisms, policies and solutions to attract and mobilize resources to invest in the construction and development of synchronous urban areas, new urban areas, policies and solutions to manage the urban development process, urban management models, encourage the development of public services in the field of urban development; organize implementation after approval and promulgation by the Provincial People's Committee.
The Department of Construction organizes the annual assessment and classification of urban areas, proposes the organization of the completion of urban classification criteria for urban areas that have been recognized as urban types; guides and inspects urban type recognition projects submitted to the Provincial People's Committee for submission to the competent authority for recognition of urban types; organizes the appraisal and submits to the Provincial People's Committee for approval of the Project proposing the recognition of type V urban areas.
Regarding housing, the Department of Construction conducts research and development to submit to the Provincial People's Committee for consideration, reports to the Provincial People's Council for decision to promulgate and adjust the province's housing development programs and plans, including: programs and plans for the development of commercial housing, social housing, public housing, housing for resettlement, housing for households and individuals, and the province's target programs on housing support for social subjects facing housing difficulties; organizes implementation after approval by competent authorities.
The Department of Construction shall preside over and coordinate with relevant agencies to provide opinions on the appraisal of dossiers requesting approval of investment policies for housing development projects approved by the Provincial People's Committee or investment decisions made by the Provincial People's Committee in accordance with the provisions of the Investment Law and the Housing Law; select investors for commercial housing, urban area and social housing development projects to submit to the Provincial People's Committee for consideration and decision according to its authority.
The Department of Construction appraises the selling, renting and hire-purchase prices of social housing for social housing development projects within the locality as assigned by the Provincial People's Committee; develops a framework of selling, renting and hire-purchasing prices for social housing built by households and individuals themselves, and prices for social housing management and operation services as assigned by the Provincial People's Committee; advises and assists the Provincial People's Committee in reviewing, adjusting and supplementing land funds for social housing development in the province's general planning, zoning planning and detailed urban planning; Advise the Provincial People's Committee to consider and decide to reclaim land funds belonging to commercial housing development projects and new urban areas that have been assigned to investors, but have not been implemented or have been implemented slowly compared to the approved schedule, and the 20% land fund reserved for social housing construction in commercial housing development projects and new urban areas that have not been used to assign to investors who have a need to invest in social housing construction.
Regarding the real estate market, the Department of Construction develops and submits to the Provincial People's Committee for promulgation mechanisms and policies for the development and management of the real estate market; solutions to make real estate transactions and business activities transparent in the area; and organizes implementation after approval and promulgation by the Provincial People's Committee.
The Department of Construction implements policies and solutions to regulate and stabilize the real estate market in the area according to the provisions of law; guides the implementation of legal provisions on the capacity conditions of investors in housing development projects, technical infrastructure projects in industrial parks and other real estate investment and business projects in the area; guides the regulations on real estate put into business.
The Department of Construction grants circulation permits for road motor vehicles under its management.
Regarding transportation, the Department of Construction presides over or coordinates with relevant agencies to implement policies on developing public passenger transport according to regulations of the Provincial People's Committee. The Department of Construction organizes the management of transportation activities and support services for road, inland waterway, and urban railway transport in the province according to the provisions of law; grants circulation permits for road motor vehicles under its management or as decentralized according to the provisions of law. Guides, inspects the construction and announces bus stations, taxi parking lots, pick-up and drop-off points in the area according to approved planning.
Regarding traffic safety, the Department of Construction presides over or coordinates with relevant agencies to respond to incidents, natural disasters, and search and rescue on roads, railways, inland waterways, maritime, aviation, and handle traffic accidents occurring in the area according to the provisions of law and the assignment of the Provincial People's Committee.
The Department of Construction organizes the implementation of preventive measures to minimize traffic accidents and traffic jams; prevents and handles acts that cause traffic insecurity in the area according to its authority and regulations of law...
According to baochinh.vn
Source: https://baoapbac.vn/kinh-te/202506/du-kien-29-nhiem-vu-cua-so-xay-dung-1044680/
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