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THE MINISTRY
OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 30/2006/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 APPRAISAL AND APPROVAL OF DETAILED CONSTRUCTION
PLANNINGS, THE SUPPLY OF CONSTRUCTION PLANNING INFORMATION AND THE GRANT OF
CONSTRUCTION PLANNING 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. 08/2005/ND-CP of January 24, 2005, on
construction plannings;
At the proposal of the director of the Construction Planning and Architecture
Department,
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 appraisal and approval of detailed construction plannings; and the
supply of construction planning information and the grant of construction
planning 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
APPRAISAL AND APPROVAL OF DETAILED CONSTRUCTION PLANNINGS; THE SUPPLY OF
CONSTRUCTION PLANNING INFORMATION AND THE GRANT OF CONSTRUCTION PLANNING CERTIFICATES
(Promulgated together with the Construction Minister's Decision No.
30/2006/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 engaged in, the appraisal and approval of detailed construction
plannings; the supply of construction planning information and the grant of
construction planning certificates.
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1. People's Committees at various levels and
state management agencies competent to appraise and approve detailed
construction plannings; supply construction planning information and grant
construction planning certificates.
2. Cadres and civil servants working in the
aforesaid agencies who are in charge of handling administrative procedures in
the domains defined in Article 1.
3. Domestic and foreign organizations and
individuals that wish to settle administrative affairs in the domains defined in
Article 1.
Chapter II
CONTENTS SUBJECT TO
PUBLICIZATION
Article
3.- Publicization of administrative procedures in the appraisal and
approval of detailed construction plannings
Agencies competent to appraise and approve
detailed construction plannings shall post up at the places for receipt of
dossiers and on the Internet (for agencies having websites) the following
contents:
1. The lists and contents of dossiers of
application for appraisal and approval prescribed in Article II.2, Section IV
and Appendix 1 to Circular No. 15/2005/TT-BXD of August 19, 2005.
2. The specific orders of, and time limits for,
the processing of dossiers in the case of appraisal and approval of plannings,
detailed construction planning blueprints and the case of appraisal and approval
of adjustments to plannings and detailed construction planning blueprints.
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4. Fees and charges payable by investors
according to regulations of the Finance Ministry and provincial-level People's
Committees.
Article 4.- Publicization of administrative procedures in
the supply of construction planning information and the grant of construction
planning certificates
Agencies competent to supply construction
planning information and grant construction planning certificates shall post up
at the places for receipt of dossiers and on the Internet (for agencies having
websites) the following contents:
1. The content of the dossier of request for
construction planning information, including: a request for construction
planning information (clearly stating the requested information contents) and
the area location plan.
2. The content of the dossier of application for
a construction planning certificate, including an application for a
construction planning certificate, the location plan and a map of 1/500 or
1/200 scale, drawn within the last two years by an agency having the legal
person status.
3. Construction planning information, including
construction marks, redline marks, construction height and other information
related to construction planning;
4. The content of a construction planning
certificate, including information on the land use planning, acreage of the
land lot, mark positions, redline marks and construction marks, construction
density, land use coefficient, maximum height, minimum height; information on
architecture, technical infrastructure system, fire and explosion safety,
environmental protection and other regulations, the validity of a certificate;
5. The dossier-processing order and time limit;
6. Fees and charges payable by organizations and
individuals according to regulations of the Finance Ministry and
provincial-level People's Committees.
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RESPONSIBILITIES OF PEOPLE'S
COMMITTEES AT VARIOUS LEVELS, DOSSIER-RECEIVING AND -PROCESSING AGENCIES;
CADRES AND CIVIL SERVANTS; AND RELATED ORGANIZATIONS AND INDIVIDUALS
Article
5.- Responsibilities of People's Committees at various levels and
dossier-receiving and
-processing dossiers
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 the
places and the weekly timetable for receipt of dossiers and issuance of
replies.
3. In the dossier-receiving rooms, there must be
seats for applicants and signboards showing the contents prescribed in Chapter
II of this Regulation.
4. Dossier-receiving agencies shall have to
arrange cadres and civil servants who possess good ethics, are professionally
qualified and have legal knowledge about the assigned domains in order to
provide guidance and explanations when so requested by organizations or
individuals.
5. The telephone numbers (hotline) of leaders of
dossier-receiving and -processing agencies and representatives of leaderships
of People's Committees of the same level who are in charge of the domains
defined in Article 1 shall be publicized for the people to know and contact
when having questions or reporting on troubling, harassing or negative acts
committed by cadres and civil servants while performing their tasks.
6. Leaders of agencies competent to receive and
process dossiers and representatives of leaderships of People's Committees at
various levels shall have to settle in time questions or reports on negative,
harassing or troubling acts committed by cadres under their management
according to the provisions of law.
Article
6.- Responsibilities of cadres and civil servants
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a/ To compare dossiers against the provisions of
law. For incomplete or invalid dossiers, to provide detailed guidance for
dossier submitters to supplement necessary papers;
b/ To receive dossiers that 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 dossier submitters must produce upon receiving
replies.
2. Persons competent to sign documents on the
results of settlement of administrative procedures 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 carry out
dossier archival procedures according to regulations.
c/ To be answerable before law and pay
compensation (if any) when supplying inadequate or inaccurate information or
delaying information supply.
Article 7.- Responsibilities of related organizations and
individuals
1. To make truthful, complete and accurate
declarations in the application forms and submit complete dossiers according to
regulations of dossier-receiving agencies;
2. To strictly abide by rules and regulations of
dossier-receiving agencies;
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Chapter IV
ATTITUDE AND BEHAVIORS OF
CADRES AND CIVIL SERVANTS, AND HANDLING OF VIOLATIONS
Article
8.- Attitude and behavior of cadres and civil servants engaged in
the appraisal and approval of detailed construction plannings; the supply of
information and the grant of construction planning certificates
1. Cadres and civil servants in charge of
receiving dossiers shall wear cards showing their full names, positions and
agencies.
2. Cadres and civil servants in charge of
receiving dossiers must show a friendly attitude while explaining issues which
remain unclear to dossier-submitting organizations and individuals.
3. Cadres and civil servants in charge of
receiving dossiers must neither be imperious toward or trouble or harass people
nor commit negative acts or abuse their positions and powers for self-seeking
purposes.
Article 9.- Handling and disciplining of violating cadres
and civil servants
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 attitude, troubling or harassing acts, and acts of corruption
committed by cadres under their management.
2. Cadres and civil servants who show an
imperious attitude, harass or trouble people, or commit negative acts while
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.
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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 strict implementation of this Regulation.
Article 11.- Responsibilities of agencies under the Ministry
of Construction
The director of the Construction Planning and
Architecture 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