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THE MINISTRY OF CONSTRUCTION |
SOCIALIST REPUBLIC OF VIET NAM |
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No: 30/2006/QD-BXD |
Hanoi, September 14, 2006 |
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 |
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.
Article 2.- Subjects of application
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.
3. Duties of appraising agencies in assuming the prime responsibility for, and coordinating with relevant management agencies in, reaching agreement and giving official opinions in writing to investors.
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.
Chapter III
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
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 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;
3. To report through hotlines to heads of construction branch-managing agencies or representatives of leaderships of People's Committees at various levels negative, troubling or harassing acts committed by cadres or civil servants.
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.
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 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
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