Ho Chi Minh City decentralizes to units and commune-level People's Committees to handle illegal and unlicensed construction.

The People's Committee of Ho Chi Minh City has just issued a decision to decentralize the Department of Construction, units, and commune-level People's Committees to monitor, inspect, detect, prevent, and handle illegal and unlicensed construction.

The People's Committee of Binh Trung Ward (HCMC) assigned civil servants of the Economic - Infrastructure Department to handle construction works using containers that violate construction regulations - Photo: AI NHAN

The Ho Chi Minh City People's Committee has just issued Decision No. 25 stipulating that the Department of Construction, People's Committees of communes, wards, and special zones; the City High-Tech Park Management Board; the City High-Tech Agricultural Park Management Board; and the City Export Processing and Industrial Zones Management Board are responsible for monitoring, inspecting, detecting, preventing, and handling illegal and unlicensed construction in the area.

The Department of Construction is responsible for monitoring, inspecting, detecting, preventing and handling 2 groups of construction works including:

Construction works for which the Department of Construction issues construction permits and construction investment decisions; construction investment projects for which the Department of Construction appraises the construction investment feasibility study report, construction design is implemented after the basic design according to the authority and according to the decentralization, authorization, and adjustment of the City People's Committee.

Construction works are appraised by specialized construction agencies under the Ministry of Construction for feasibility study reports on construction investment, and construction designs are implemented after basic designs.

The City High-Tech Park Management Board; the City High-Tech Agricultural Park Management Board; the City Export Processing and Industrial Zones Management Board are responsible for monitoring, inspecting, detecting, preventing and handling all construction works (including construction works whose construction investment feasibility study reports and construction designs are appraised by specialized construction agencies under the Ministry of Construction after basic design) within the boundaries of the functional areas assigned for management.

The People's Committees of communes, wards and special zones are responsible for monitoring, inspecting, detecting, preventing and handling:

Construction works without a construction permit but according to regulations must have a construction permit issued by a competent state agency.

Construction works for which the People's Committees of communes, wards and special zones issue construction permits and decide on construction investment; construction investment projects for which the agencies assigned to manage construction under the People's Committees of communes, wards and special zones appraise the construction investment feasibility study report, construction design and implementation after basic design according to the authority and according to the decentralization, authorization and adjustment of the City People's Committee.

Construction works and construction components arising after the project has been completed and put into use or the certificate of land use rights, house ownership rights and other assets attached to land has been updated.

Construction works not under the authority of the Department of Construction and Management Boards (including cases exempted from construction permits).

This Decision comes into force from November 20, 2025.

Commune-level People's Committees monitor and handle illegal and improper construction works before July 1, 2025.

The Decision of the Ho Chi Minh City People's Committee also stipulates the transitional responsibilities of the Commune-level People's Committee in managing, monitoring, inspecting, detecting, preventing and handling construction works under the licensing, appraisal and approval authority of the District-level People's Committee (including works exempted from construction permits) before July 1, 2025 but have not yet started construction, are under construction, or have stopped construction.

The Department of Construction is responsible for handing over all records and documents related to projects under the licensing, appraisal and approval authority of the District People's Committee (including projects exempted from construction permits) before July 1, 2025 but have not yet started construction, are under construction, or have stopped construction, managed, monitored and inspected by the Department of Construction, to the Commune People's Committee for continued management, monitoring, inspection, detection, prevention and handling according to regulations.

The People's Committee at the commune level receives the handover dossier according to the assigned management area; in case the project is located in the area of ​​two or more commune-level administrative units, it will receive it according to the principle of the larger construction land area ratio.

Source: https://ttbc-hcm.gov.vn/tp-hcm-phan-cap-cho-cac-don-vi-ubnd-cap-xa-xu-ly-xay-dung-khong-phep-sai-phep-1019945.html