What are responsibilities of cadres, civil servants and inspectors assigned the task of construction order management in Ho Chi Minh City, Vietnam?

What are responsibilities of cadres, civil servants and inspectors assigned the task of construction order management in Ho Chi Minh City, Vietnam?

In Article 11 of the Regulation on coordination in the management of construction order in Ho Chi Minh City, issued together with Decision 30/2019/QD-UBND of Ho Chi Minh City, stipulating responsibilities of cadres, civil servants and inspectors assigned the task of construction order management are as follows:

1. Regularly patrolling, inspecting, detecting and promptly reporting violations of construction order in the area assigned to management; promptly compile dossiers, sanction administrative violations according to their competence or make recommendations, and coordinate with competent agencies in applying sanctioning measures for violations of construction order according to their assigned functions and tasks. 

2. Take responsibility for violations in construction order management according to their assigned competence; depending on the nature and seriousness of the violations, they will be handled according to the provisions of law.

What are duties of police agencies in coordinating the construction order management in Ho Chi Minh City, Vietnam?

In Article 12 of the Regulation on coordination in the management of construction order in Ho Chi Minh City, issued together with Decision 30/2019/QD-UBND of Ho Chi Minh City, stipulating duties of police agencies in coordinating the construction order management are as follows:

1. The police of the city, the police of the district, the commune-ward-town according to the management decentralization of the branch have the following tasks:

a) Participate in the work of grasping the situation, promptly reporting and reporting to the People's Committee of the same level on violations of construction order.

b) Develop a plan to ensure security, order and safety for the forces involved in handling and coercing works violating construction order.

c) Organize the investigation and handling of serious violations of construction order occurring in the management area according to regulations.

d) Implement professional measures to detect cases with criminal signs for timely investigation , verification, and prosecution when grounded; focusing on cases with signs of giving, receiving or brokering bribes, violations of regulations on land management and use, illegal and illegal construction, especially related cases to the entities that organize the implementation; objects connected with responsible cadres and civil servants to be protected and ignored for illegal activities.

dd) To perform the tasks assigned by the President of the People's Committee of the same level in preventing and handling works that violate the construction order .

e) When receiving dossiers of permanent residence registration, temporary residence registration, granting temporary residence books to citizens at the addresses where the works violate the construction order, they must comply with the provisions of the Law on Residence and the provisions of the Law on Residence. relevant regulations to consider, temporarily suspend the settlement according to the provisions of law, settle only after the sanctioning decision of the competent authority has been fully complied with.

g) Improve the quality of receiving and handling denunciations and messages about crimes and petitions for prosecution in the field of land and construction according to regulations.

2. The city police shall strengthen coordination with the Department of Construction and the district-level People's Committee in the management of construction order according to the function of State management of security and order; Coordinate and exchange information with the Department of Construction, the People's Committee of the district to take measures to handle individuals and organizations that violate the law to the point of having to be criminally handled .

3. Police of districts, communes, wards and townships:

a) Coordinating with the Locality Inspection Team and relevant agencies and units in applying necessary measures to promptly prevent and handle construction works that violate the construction order. for violations to continue after there is a record of administrative violations or sanctioning decisions of competent authorities , ensuring security and order in the process of handling violations according to their competence.

b) Review organizations and individuals that have been administratively handled for violations related to land, illegal construction, and illegal construction as a basis for criminal handling.

c) Assist functional agencies in verifying the identity and background of subjects who commit acts of land and construction violations to serve the sanctioning of administrative violations according to regulations.

What are responsibilities of the Department of Natural Resources and Environment, the City Land Registration Office and the 24 Districts in Ho Chi Minh City, Vietnam?

In Article 13 of the Regulation on coordination in the management of construction order in Ho Chi Minh City, issued together with Decision 30/2019/QD-UBND of Ho Chi Minh City, stipulating responsibilities of the Department of Natural Resources and Environment, the City Land Registration Office and the 24 Districts in Ho Chi Minh City, Vietnam as follows:

1. Provide coordination information upon request; consider suspending the allocation of land, lease of land and grant of certificates of land use rights and ownership of houses and other land-attached assets at the written request of the President of the People's Committee of District or Chief Inspector of the Department of Construction at the addresses where the works violate the construction order for individuals and organizations in case the works have not been completed and put into use or have not been tested by competent authorities and put them into use according to regulations; the construction works have not terminated violations, have not issued decisions on sanctioning administrative violations and have not completed remedial measures caused by violations of construction order.

2. Reviewing land use planning norms in the suburban and suburban districts to advise and submit to the City People's Committee the allocation of agricultural land targets in the district-district to suit population situation and urbanization rate of each locality.

3. In the course of handling procedures related to the certification of attached assets on land, if detecting cases of violation of construction order, the dossiers shall be transferred to the competent agency for inspection and sanction violations according to law provisions.

4. The organization receives and updates information on individuals and organizations that commit violations of construction order from competent construction order management agencies for implementation . the issue of certificates of ownership of works according to its competence.

5. Coordinate and guide the district-level People's Committees and commune-level People's Committees to inspect and strictly handle cases of voluntary change of land use purposes for the construction of works in accordance with the laws of the land.

6. Actively coordinate and exchange information with the district-level People's Committees and police agencies at all levels to take measures to inspect and handle land -related violations and avoid to generate great consequences, affecting the social order.

Best Regards!