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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:
31/2006/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 CONSTRUCTION PERMITS, CONSTRUCTION PRACTICE CERTIFICATES, AND
CONTRACTION PERMITS TO FOREIGN CONTRACTORS CARRYING OUT CONSTRUCTION ACTIVITIES
IN VIETNAM
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. 16/2005/ND-CP of February 7, 2005, on
management of investment projects on the construction of works;
Pursuant to the Prime Minister's Decision No. 87/2004/ND-CP of May 19, 2004,
promulgating the Regulation on management of operation of foreign contractors
carrying out construction activities in Vietnam;
At the proposal of the director of the Construction and Installation
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 grant of construction permits, construction practice
certificates, and contraction permits to foreign contractors carrying out
construction activities in Vietnam.
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 CONSTRUCTION PERMITS, CONSTRUC-TION
PRACTICE CERTIFICATES, AND CONTRACTION PERMITS TO FOREIGN CONTRACTORS CARRYING
OUT CONSTRUC-TION ACTIVITIES IN VIETNAM
(Promulgated together with the Construction Minister's Decision No.
31/2006/QD-BXD of September 14, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Regulation specifies the publicization of
administrative procedures for, and attitude and behaviors of cadres and civil
servants engaged in, the grant of construction permits, construction practice
certificates, and contraction permits to foreign contractors carrying out
construction activities in Vietnam.
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This Regulation applies to organizations and
individuals related to the grant of construction permits, construction practice
certificates and contraction permits to foreign contractors carrying out
construction activities in Vietnam.
Chapter II
CONTENTS SUBJECT TO PUBLICIZATION
Article 3.- Publicization of
administrative procedures in the grant of construction permits
Agencies competent to grant construction permits
shall post up at the places for receipt of dossiers and on the Internet (for
agencies having websites) the following contents:
1. Works for which construction permits are not
required, prescribed in Clause 1, Section I of the Construction Ministry's Circular
No. 09/2005/TT-BXD of May 6, 2005 (hereinafter referred to as Circular No.
09/BXD for short).
2. The conditions for the grant of construction
permits or temporary construction permits, prescribed in Article 65 of the
Construction Law and Articles 2 and 3 of the Prime Minister's Decision No.
39/2005/QD-TTg of February 28, 2005, guiding the implementation of Article 121
of the Construction Law.
3. The dossier of application for a construction
permit for works and dwelling houses in urban and rural areas, prescribed in
Article 63 of the Construction Law, Articles 18 and 19 of the Government's
Decree No. 16/2005/ND-CP of February 7, 2005, on management of investment
projects on the construction of works (hereinafter referred to as Decree No.
16/CP for short), and Sections II and III of Circular No. 09/BXD.
4. The dossier of application for the extension
of a construction permit, prescribed in Article 23 of Decree 16/CP.
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6. Fees for the grant of construction permits
according to current regulations.
7. The competence to grant construction permits
as prescribed in Article 66 of the Construction Law, Article 21 of Decree No.
16/CP and decentralized by provincial-level People's Committees.
8. Rights and obligations of applicants for
construction permits, prescribed in Article 68 of the Construction Law.
9. Responsibilities of agencies granting
construction permits and the time limit for the grant of construction permits,
prescribed in Article 67 of the Construction Law and Article 22 of Decree No.
16/CP.
Article 4.- Publicization of administrative
procedures in the grant of construction practice certificates
Agencies competent to grant construction
practice certificates shall post up at the places for receipt of dossiers and
on the Internet (for agencies having websites) the following contents:
1. The conditions for the grant of construction
architect's or engineer's practice certificates, prescribed in Articles 50 and
51 of Decree No. 16/CP and Articles 2 and 7 of the Regulation on the grant of
construction architect's or engineer's practice certificates, issued together
with the Construction Minister's Decision No. 15/2005/QD-BXD of April 25, 2005
(hereinafter referred to as Decision No. 15/BXD for short).
2. The conditions for the grant of practice
certificates for supervision of work construction, prescribed in Article 52 of
Decree No. 16/CP, Articles 2 and 6 of the Regulation on the grant of practice
certificates for supervision of work construction, issued together with the
Construction Minister's Decision No. 12/2005/QD-BXD of April 18, 2005
(hereinafter referred to as Decision No. 12/BXD for short), and Points 2 and 3
of the Construction Ministry's Document No. 2646/BXD-XL of December 23, 2005.
3. The dossier of application for the grant or
re-grant of a construction architect's or engineer's practice certificate,
prescribed in Articles 8 and 10 of Decision No. 15/BXD.
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5. The time limit for the grant or re-grant of
construction architect's or engineer's practice certificates, prescribed in
Articles 6 and 10 of Decision No. 15/BXD.
6. The time limit for the grant or re-grant of
practice certificates for supervision of work construction, prescribed in
Articles 5 and 9 of Decision No. 12/BXD.
7. Fees for the grant of construction practice
certificates, prescribed in the Government's Decree No. 24/2006/ND-CP of March
6, 2006, and the Finance Ministry's Circular No. 43/2003/TT-BTC of May 13,
2003, and Document No. 8580/BTC-CST of July 8, 2005.
8. Rights and obligations of applicants for
construction architect's or engineer's practice certificates and of provincial/municipal
Construction Services, prescribed in Articles 11 and 12 of Decision No. 15/BXD.
9. Rights and obligations of applicants for
practice certificates for supervision of work construction and of
provincial/municipal Construction Services, prescribed in Articles 11 and 12 of
Decision No. 12/BXD.
Article 5.- Publicization of
administrative procedures in the grant of contraction permits to foreign
contractors carrying out construction activities in Vietnam
Agencies competent to grant contraction permits
to foreign contractors carrying out construction activities in Vietnam shall
post up at the places for receipt of dossiers and on the Internet (for agencies
having websites) the following contents:
1. The conditions for the grant of contraction permits,
prescribed in Article 4 of the Regulation on management of operation of foreign
contractors carrying out construction activities in Vietnam, issued together
with the Prime Minister's Decision No. 87/2004/QD-TTg of May 19, 2004
(hereinafter referred to as Decision No. 87/TTg for short).
2. The dossier of application for a contraction
permit, applicable to organizations, prescribed at Point 1, and to individuals
engaged in construction investment consultancy, prescribed at Point 2 of the
Construction Ministry's Circular No. 05/2004/TT-BXD of September 15, 2004
(hereinafter referred to as Decision No. 05/BXD).
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4. Fees for the grant of contraction permits,
prescribed in the Finance Ministry's Circular No. 43/2003/TT-BTC of May 13,
2003, and guiding document No. 8580/BTC-CST of July 8, 2005.
5. The competence to grant contraction permits,
prescribed in Clause 3, Article 10 and Clause 2, Article 16 of Decision No.
87/TTg; and Items a and b, Point 3 of Circular No. 05/BXD.
6. Rights and obligations of foreign
contractors, prescribed in Article 7 of Decision No. 87/TTg.
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 6.- Responsibilities of People's
Committees at various levels and dossier-receiving and
-processing dossiers
1. Agencies competent to grant permits and
certificates defined in Article 1 of this Regulation shall have the following
duties:
a/ To publicize places for receipt and
processing of dossiers of application for construction permits, construction
practice certificates, and construction contraction permits (hereinafter
referred to as dossiers for short) and the names of agencies competent to
receive and process dossiers (according to decentralization).
b/ 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.
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2. The dossier-receiving sections shall have to
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.
6. Leaders of units assigned to receive dossiers
shall, within the scope of their functions and tasks, have to settle (or make
proposals according to their competence) in time questions or reports on
negative, harassing or troubling acts committed by cadres under their
management according to the provisions of law.
Article 7.- Responsibilities of cadres
and civil servants
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 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 places for
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
prescribed time limit and abide by the current provisions of law;
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c/ To be answerable before law and pay
compensations for damage (if any), caused by their faults.
Article 8.- Responsibilities of
organizations and individuals applying for permits or certificates
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;
3. To promptly report through the hotline on
negative, troubling or harassing acts committed by cadres or civil servants.
Chapter IV
ATTITUDE AND BEHAVIOR OF CADRES AND CIVIL SERVANTS,
AND HANDLING OF VIOLATIONS
Article 9.- Attitude and behaviors of
cadres and civil servants engaged in the grant of permits and certificates
1. Cadres and civil servants in charge of
receiving dossiers shall wear cards showing their full names, positions and
agencies.
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3. Cadres and civil servants in charge of
receiving dossiers must not be imperious toward, trouble or harass people,
commit negative acts or abuse their positions and powers for self-seeking
purposes.
Article 10.- Handling of violating cadres
and civil servants
1. Presidents of People's Committees at various
levels and heads of agencies competent to grant permits and certificates shall
be answerable before law for acts of delaying the processing of dossiers,
negative acts, acts of showing an imperious attitude towards and troubling or
harassing acts 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 be suspended from work and, 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 11.- 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 12.- Responsibilities of agencies
under the Ministry of Construction
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2. Relevant units under the Construction
Ministry shall, according to their assigned functions and tasks, assume the
prime responsibility for, and coordinate with the Construction and Installation
Department in, organizing the implementation of this Regulation.