THE
MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
29/2006/QD-BXD
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Hanoi, September 14, 2006
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DECISION
PROMULGATING THE
REGULATION ON PUBLICIZATION OF ADMINISTRATIVE PROCEDURES FOR, AND ATTITUDE AND
BEHAVIORS OF CADRES AND CIVIL SERVANTS ENGAGED IN, THE GRANT OF DWELLING HOUSE
OWNERSHIP CERTIFICATES AND CONSTRUCTION WORK OWNERSHIP CERTIFICATES
THE MINISTER OF CONSTRUCTION
Pursuant to the Government's Decree No.
36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on the
grant of dwelling house ownership certificates and construction work ownership
certificates;
Pursuant to the Government's Decree No. 90/2006/ND-CP of September 6, 2006,
detailing and guiding the implementation of the Housing Law;
At the proposal of the directors of the House Management Department and the Ministry
Office,
DECIDES:
Article 1.- To promulgate together with
this Decision the Regulation on publicization of administrative procedures for,
and attitude and behaviors of cadres and civil servants engaged in, the grant
of dwelling house ownership certificates and construction work ownership
certificates.
Article 2.- This Decision
shall take effect 15 days after its publication in "CONG BAO."
Article 3.-
Provincial/municipal People's Committees and concerned organizations and
individuals shall implement this Decision.
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MINISTER
OF CONSTRUCTION
Nguyen Hong Quan
REGULATION
ON PUBLICIZATION
OF ADMINISTRATIVE PROCEDURES FOR, AND ATTITUDE AND BEHAVIORS OF CADRES AND
CIVIL SERVANTS ENGAGED IN, THE GRANT OF DWELLING HOUSE OWNERSHIP CERTIFICATES
AND CONSTRUCTION WORK OWNERSHIP CERTIFICATE
(Promulgated together with the Construction Minister's Decision No.
29/2006/QD-BXD of September 14, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Regulation provides for the publicization
of administrative procedures for, and attitude and behaviors of cadres and
civil servants in, the grant of dwelling house ownership certificates and
construction work ownership certificates (hereinafter collectively referred to
as dwelling house ownership and construction work ownership certificates).
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1. People's Committees at various levels and
state management agencies competent to grant dwelling house ownership or
construction work ownership certificates.
2. Cadres and civil servants working in the
aforesaid agencies who are in charge of handling administrative procedures in
the domain defined in Article 1.
3. Domestic and foreign organizations and
individuals that wish to settle administrative affairs in the domain defined in
Article 1.
Chapter II
CONTENTS SUBJECT TO PUBLICIZATION
Article 3.- Forms of publicization of
administrative procedures
1. Dossier-receiving and -processing agencies
shall post up the contents prescribed in Article 4 of this Regulation:
a/ At head offices of People's Committees of
communes, wards or townships;
b/ At places for receipt of dossiers of
application for dwelling house ownership or construction work ownership
certificates;
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Article 4.- Contents
subject to publicization
1. The list of papers in dossiers of application
for dwelling house ownership or construction work ownership certificates
(including dossiers of application for the grant, renewal or re-grant of
certificates or for the certification of changes after the grant of
certificates) prescribed in Articles 46, 47 and 48 of the Government's Decree
No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the
implementation of the Housing Law (hereinafter referred to as Decree No.
90/2006/ND-CP for short) and Articles 9, 10 and 11 of the Government's Decree
No. 95/2005/ND-CP of July 15, 2005, on the grant of dwelling house ownership or
construction work ownership certificates (hereinafter referred to as Decree No.
95/2005/ND-CP for short).
2. Specific time limits for the processing of
dossiers in each case of grant, renewal or re-grant of dwelling house ownership
or construction work ownership certificates, and certification of changes after
the grant of certificates, prescribed in Articles 46, 47 and 48 of Decree No.
90/2006/ND-CP and Articles 12, 13, 16 and 17 of Decree No. 95/2005/ND-CP.
3. Charges and financial obligations payable by
the applicants for dwelling house ownership or construction work ownership
certificates prescribed by law for each specific case; and time and place of
payment of these amounts.
Chapter III
RESPONSIBILITIES OF PEOPLE'S COMMITTEES AT VARIOUS
LEVELS, DOSSIER-RECEIVING AND -PROCESSING AGENCIES; CADRES AND CIVIL SERVANTS;
AND CONCERNED ORGANIZATIONS AND INDIVIDUALS
Article 5.- Responsibilities of People's
Committees at various levels, names of agencies competent to receive and
process dossiers of application for dwelling house ownership or construction
work ownership certificates
1. People's Committees at various levels shall
publicize places for receipt and processing of dossiers and names of agencies
competent to receive and process dossiers.
2. Agencies assigned to receive and process
dossiers shall arrange working rooms and hang up signposts indicating places
and the weekly timetable for receipt of dossiers and issuance of replies.
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4. Dossier-receiving agencies shall arrange
cadres and civil servants who possess good ethics, fully grasp requirements on
the contents of dossiers and are capable of guiding applicants to complete
their dossiers according to regulations.
5. Leaders of People's Committees at various
levels and agencies receiving and processing dossiers of application for
dwelling house ownership or construction work ownership certificates shall
publicize their telephone numbers (hotline) for the people to know and contact
when necessary; and to settle in time questions or reports on negative,
troubling or harassing acts committed by cadres under their management.
Article 6.-
Responsibilities of cadres and civil servants in receiving and processing
dossiers of application for dwelling house ownership or construction work
ownership certificates
1. Dossier-receiving persons shall have the
responsibilities:
a/ To compare dossiers against the provisions of
law. For incomplete or invalid dossiers, to provide detailed guidance for
dossier submitters to supplement relevant papers;
b/ To receive the dossiers which are complete as
required, make entries into the dossier-receipt register and issue dossier
receipt papers, stating the receipt of complete dossiers, time and place of
giving replies, and papers which house or construction work owners must produce
upon receiving replies.
2. Persons competent to sign dossier-processing
documents shall have the responsibilities:
a/ To consider and sign documents within the
time limit prescribed by law;
b/ To request persons assigned to give replies
to hand over replies on the time stated in dossier receipt papers and receive
the original documents for archival according to regulations.
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1. To make truthful, complete and accurate
declarations in the application forms and submit complete dossiers according to
regulations to dossier-receiving persons;
2. To strictly abide by rules and regulations of
dossier-receiving agencies;
3. To report to heads of dossier-receiving
agencies or representatives of leaderships of People's Committees at various
levels cadres or civil servants who commit negative, troubling or harassing
acts.
Chapter IV
ATTITUDE AND BEHAVIORS OF CADRES AND CIVIL SERVANTS,
HANDLING AND DISCIPLINING OF VIOLATIONS
Article 8.- Attitude and behaviors of
cadres and civil servants engaged in the grant of dwelling house ownership or
construction work ownership certificates
1. Cadres and civil servants in charge of
receiving dossiers shall wear cadres' or civil servants' cards showing their
full names, positions and agencies.
2. Cadres and civil servants in charge of
receiving dossiers must adopt a friendly attitude when explaining issues which
remain unclear to people.
3. Cadres and civil servant in charge of
receiving dossiers must neither be imperious towards, trouble or harass people
nor commit negative acts or abuse their positions and powers for self-seeking
purposes.
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1. Presidents of People's Committees at various
levels and heads of agencies competent to receive and process dossiers shall be
answerable before law for acts of delaying the processing of dossiers,
imperious behaviors, troubling or harassing acts, and acts of corruption
committed by cadres under their management.
2. Cadres and civil servants who are imperious
towards, harass or trouble people, or commit negative acts when receiving and
processing dossiers shall, depending on the seriousness of their violations, be
disciplined according to the provisions of the Ordinance on Cadres and Civil
Servants or examined for penal liability. If causing damage, they must pay
compensations therefor according to the provisions of law.
Chapter V
ORGANIZATION OF IMPLEMENTATION
Article 10.- Responsibilities of People's
Committees at various levels
Provincial/municipal People's Committees shall
direct functional agencies to coordinate with People's Committees at various
levels in organizing the implementation of this Regulation.
Article 11.-
Responsibilities of agencies under the Ministry of Construction
The director of the House Management Department
and the Construction Chief Inspector shall, within the scope of their assigned
functions, powers and tasks, monitor, urge, examine and inspect the
implementation of this Regulation.