07:44 | 23/07/2024

Functions, Duties, and Powers of the Hanoi Department of Construction and the Ho Chi Minh City Department of Construction: Regulations and Provisions

Could you please clarify how the functions, duties, and powers of the Department of Construction of Hanoi City and the Department of Construction of Ho Chi Minh City are guided in Circular 03/2022/TT-BXD? - Question from Mr. Linh from Vung Tau

What are the Roles and Functions of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction as stipulated?

According to Clause 1, Article 1 of Circular 03/2022/TT-BXD stipulating the roles and functions of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction as follows:

Roles and Functions

1. The Department of Construction is a specialized agency under the provincial People’s Committee; performs the function of advising and assisting the provincial People’s Committee in state management over: construction planning; architecture; construction investment activities; urban development; technical infrastructure; housing; public offices; real estate market; building materials; and performs a number of other tasks and powers as prescribed by law, as well as delegated or authorized by the provincial People’s Committee, the Chairman of the provincial People’s Committee, according to regulations of the law.

However, the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction do not perform the function of advising and assisting the city People’s Committee in state management over construction planning and architecture.

Thus, the roles and functions of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction are stipulated as above.

Guidance on the functions, tasks, and powers of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction in Circular 03/2022/TT-BXD?

Functions, tasks, and powers of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction. (Image from the Internet)

What are the Regulations on Tasks and Powers of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction?

According to Clause 24, Article 2 of Circular 03/2022/TT-BXD, the regulations are as follows:

Tasks and Powers

...

24. The Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction have the tasks and powers as stipulated from Clause 1 to Clause 3 and from Clause 6 to Clause 23 of this Article.

The tasks and powers of the Hanoi City Department of Construction and the Ho Chi Minh City Department of Construction include:

- Submitting to the provincial People’s Committee

- Submitting to the Chairman of the provincial People’s Committee

- Implementing legal documents, planning, plans, and other documents in the construction sector promulgated or approved by competent state authorities; information, propaganda, guidance, dissemination, education, and law enforcement monitoring in areas under state management assigned.

- Regarding construction investment activities

- Regarding urban development

- Regarding technical infrastructure, including: urban and industrial area water supply; urban and concentrated rural residential area, industrial park drainage and wastewater treatment; management of technical infrastructure construction for solid waste collection, storage, and treatment; urban parks, greenery; urban lighting; cemeteries (excluding martyr cemeteries) and cremation facilities: urban traffic infrastructure; management of underground urban construction; management of shared use of urban technical infrastructure works.

- Regarding housing

- Regarding public offices

- Regarding the real estate market

- Regarding building materials

- Guiding the implementation of the autonomous mechanism for public service providers in the fields under management as prescribed by law; managing the activities of public service providers both public and non-public within the scope of the construction sector.

- Advising and assisting the provincial People’s Committee in state management over enterprises, collective economic organizations, private economy, and guiding and inspecting the activities of associations, non-governmental organizations operating in the fields of state management under the Department’s jurisdiction within the locality according to the law.

- Conducting international cooperation and integration in the fields under the Department’s management according to the law and based on the division, delegation or authorization from the provincial People’s Committee.

- Developing, directing, and organizing the implementation of plans for research and application of scientific and technological advances, environmental protection; building an information system and data serving state management and professional activities assigned to the Department according to the law.

- Providing specialized and professional training within the fields of state management of the Department for specialized agencies under the district People’s Committee and professional positions under the commune-level People’s Committee.

- Inspecting and supervising organizations and individuals in the enforcement of laws in the construction sector, handling according to authority or submitting to competent authorities for handling violations; resolving disputes, complaints, denunciations, and combating corruption and waste in the fields of state management of the Department according to the law or based on the division and authorization from the provincial People’s Committee, Chairman of the provincial People’s Committee.

- Monitoring, summarizing, and reporting periodically and unexpectedly on the implementation of assigned tasks to the provincial People’s Committee, Ministry of Construction, and other competent authorities according to the law; implementing policies on comprehensive reporting in the construction sector according to regulations of the Ministry of Construction and the division of the provincial People’s Committee.

- Stipulating the functions, tasks, powers, and organizational structure of the Office, Inspection, specialized divisions suitable to the functions, tasks, and powers of the Department according to the general guidance of the Ministry managing the sector, and according to regulations of the provincial People’s Committee.

- Managing the organizational structure, payroll of officials and public employees, structure of official ranks, job positions, structure of public employees by professional titles, and the number of staff in public service providers; implementing wage policies and policies on remuneration, training, fostering, rewarding, and disciplining officials and public employees and laborers under the management scope of the Department according to the law and based on the division or authorization from the provincial People’s Committee.

- Managing finances and assets allocated and organizing the implementation of the state budget allocated according to the law and based on the division of the provincial People’s Committee.

- Performing other tasks based on the division, delegation, or authorization from the provincial People’s Committee, Chairman of the provincial People’s Committee, and according to the law.

When does Circular 03/2022/TT-BXD come into effect?

According to the provisions in Clause 1, Article 5 of Circular 03/2022/TT-BXD, the effective date is regulated as follows:

Effective Date

1. This Circular takes effect from November 11, 2022.

Thus, according to the regulations, Circular 03/2022/TT-BXD takes effect from November 11, 2022.

LawNet

Legal Grounds
The latest legal advice
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}