Circular 02/2019/TT-BXD dated July 01, 2019 of the Minister of Construction on providing detailed guidelines on periodical reporting regime; amending, supplementing and replacing a number of articles of the Circulars related to periodical reporting regime under the scope of State governance of the Ministry of Construction

CIRCULAR
Providing detailed guidelines on periodical reporting regime; amending, supplementing and replacing a number of articles of the Circulars related to the periodical reporting regime under the scope of State governance of the Ministry of Construction

Pursuant to the Government s Decree No. 81/2017/ND-CP dated July 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government s Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting regime of state administrative agencies;

At the request of the Chief of the Ministerial Office;

The Minister of Construction issues a Circular providing detailed guidelines on periodical reporting regime; amending, supplementing and replacing a number of articles of the Circulars related to periodical reporting regime under the scope of State governance of the Ministry of Construction.

Article 1. Approaches of submitting and receiving reports; time of completing data, deadline for submitting periodical reports

1. Approaches of submitting and receiving reports

a) In case a specialized reporting software system is available, reports shall be submitted and received via such specialized software system;

b) In other cases, the reports shall be presented in the form of a paper copy and submitted via one of the approaches including direct delivery, fax, and postal service while electronic versions of such reports shall be submitted to the email address of the receiving agencies.

2. Time for completing reported data regarding the periodical reporting regime shall comply with Article 12 of Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on regulations on reporting regime of State administrative agencies.

3. Deadline for submitting periodical reports

a) Monthly reports: from the 16th to the 25th day of the month within the reporting period;

b) Quarterly reports: from the 16th to the 25th day of the last month of the quarter within the reporting period;

c) Periodical reports for the first 6 months and the last 6 months: from June 16 to June 25 and from December 16 to December 25 within the reporting period;

d) Annual reports: from December 16 to December 25 within the reporting period.

4. For complicated reports which should be summarized through various intermediate agencies, the deadline for submitting periodical reports shall comply as follows:

a) Periodical reports of the commune-level People s Committees to the district-level People s Committees and the provincial/municipal Departments of Construction shall be submitted no later than the 16th day of the last month within the reporting period;

b) Periodical reports of the district-level People s Committees to the provincial/municipal Departments of Construction and provincial-level People s Committees shall be submitted no later than the 18th day of the last month within the reporting period;

c) Periodical reports of provincial Departments of Specialized Construction Management, provincial/municipal Departments of Construction, provincial-level People s Committees, ministries and branches to the Ministry of Construction shall be submitted no later than the 20th day of the last month within the reporting period.

Article 2. Reports on the operation of construction investment project management units

The regime of reporting on operation of construction investment project management units, as prescribed in Clause 2, Article 18 of the Ministry of Construction s Circular No. 16/2016/TT-BXD dated June 30, 2016 providing guidelines on implementing a number of articles of the Government s Decree No. 59/2015/ND-CP dated June 18, 2015 on organization and management of construction investment projects, shall be implemented as follows:

1. No later than December 20 every year, ministries, branches, localities, economic groups and State-owned corporations shall report to the Ministry of Construction on the operation of construction investment project management units under their management.

2. Contents of such reports: General assessment of the operation of construction investment project management units; difficulties, obstacles and recommendations; the data to be reported shall be made following Form No. 01 in the Appendix enclosed herewith this Circular.

Article 3. Reports on the quality management, labor safety and judicial expertise in the field of construction

The regime of reporting on the quality management, labor safety and judicial expertise in the field of construction, as prescribed in the Ministry of Construction’s Circular No. 26/2016/TT-BXD dated October 26, 2016 detailing a number of contents on quality management and maintenance of construction works, the Ministry of Construction s Circular No. 04/2017/TT-BXD dated March 30, 2017 on labor safety management in the execution of construction works and the Ministryof Construction’s Circular No. 04/2014/TT-BXD dated April 22, 2014 guiding a number of contents on judicial expertise in construction investment, shall be implemented as follows:

1. No later than December 20 every year, The ministries managing specialized construction works, the Ministry of National Defense and the Ministry of Public Security shall report on the quality management and labor safety in the execution of construction Works while the provincial-level People s Committees shall report on the quality management, labor safety and judicial expertise in the field of construction under their respective management.

2. The contents of such reports shall follow Form No. 02 in the Appendix enclosed herewith this Circular.

Article 4. Reports on urban greenery management

The regime of reporting on the urban greenery management as prescribed in Clause 5, Article 22 and Clause 4, Article 23 of the Government’s Decree No. 64/2010/ND-CP dated June 11, 2010 on urban greenery management shall be implemented as follows:

1. No later than December 16 every year, the district-level People s Committees shall have to report to the provincial/municipal Departments of Construction on the urban greenery management in their localities; No later than December 20, the provincial/municipal Departments of Construction shall report to the provincial-level People s Committees and the Ministry of Construction on the urban greenery management in the provinces.

2. The contents of such reports shall follow Form No. 03 in the Appendix enclosed herewith this Circular.

Article 5. Reports on the establishment and management of underground work database

The regime of reporting on the establishment and management of the database of underground Works, as prescribed in Clauses 2 and 3 of the Ministry of Construction’s Circular No. 11/2010/TT-BXD dated August 17, 2010 on urban underground database, shall be implemented as follows:

1. No later than December 16 every year, the People s Committees of provincial cities and towns shall report to the provincial/municipal Departments of Construction about establishment and management of the underground work database. Such reports shall include the following principal contents:

a) Situation of making and organizing the implementation of annual plans on collection and investigation of underground work data according to decentralization in localities under their management;

b) Summary of database of urban underground works according to decentralization in localities under their management as prescribed in Clauses 1, 2 and 3, Article 2 of the Ministry of Construction’s Circular No. 11/2010/TT-BXD dated August 17, 2010 guiding the management of database of urban underground works;

c) The management and exploitation of the database of underground works according to the management decentralization;

d) Situation of burying overhead power and telecommunication lines and cables in the localities;

dd) Difficulties and problems in management and exploitation of the databases in the localities and proposals of solutions.

2. No later than December 20 every year, the provincial/municipal Departments of Construction attached to the provincial-level People s Committees shall report to the Ministry of Construction on the establishment and management of databases of underground works. Such reports shall include the following principal contents:

a) Situation of promulgating regulations on management, decentralization of database management and provision of data about urban underground works in urban areas of the provinces;

b) Situation of elaborating and organizing the implementation of annual plans on collection, investigation and survey of data about urban underground works in urban areas of the provinces;

c) Situation of planning and implementing the burying of overhead power and telecommunication lines and cables in the localities;

d) Situation of guiding and inspecting the implementation of regulations on management and decentralization of management of underground work databases;

dd) Situation of organizing the storage, exploitation and use of documents of urban underground work databases according to the decentralization and law provisions on archives;

e) Difficulties and problems in the management and exploitation of the databases of underground Works in urban areas of the localities and proposals of solutions.

Article 6. Reports on construction, management and use of cemeteries and cremation facilities

The regime of reporting on the construction, management and use of cemeteries and cremation facilities, as prescribed in Clause 4, Article 31 of the Government’s Decree No. 23/2016/ND-CP dated April 5, 2016 on construction, management and use of cemeteries and cremation facilities, shall be implemented as follows:

1. No later than December 20 every year, the provincial-level People s Committees shall report to the Ministry of Construction on the construction, management and use of cemeteries and cremation facilities in the provinces.

2. Such reports shall include the following principal contents:

a) The planning and the implementation of construction investment, renovation, closure and relocation of the cemeteries according to such planning; management and use of cemeteries and cremation facilities; management of cemetery and cremation services’ prices and fees;

b) Area of ​​existing cemetery land (ha)/planned area (ha); percentage of utilization of cremation (%); number of cremation facilities and cremators;

c) Regulations on management of cemeteries and cremation facilities; policies to support and encourage the utilization of cremation on the localities (if any);

d. Difficulties and problems in managing cemeteries, cremation facilities and proposals of solutions.

Article 7. Reports on the management and operation of the urban public lighting system

The regime of reporting on the management and operation of urban public lighting systems, as prescribed in Clause 2, Article 24 of the Government s Decree No. 79/2009/ND-CP dated September 28, 2009 on urban lighting system management shall be implemented as follows:

1. No later than December 16 every year, the units managing and operating the urban public lighting systems shall report on the management and operation of the urban public lighting systems to the urban authorities and professional agencies on management and operation of public lighting systems.

2. Such report shall include the following principal contents:

a) Investment plan for development of urban public lighting systems according to the approved urban planning or lighting scheme;

b) Situation of making and organizing the implementation of annual plans on construction, replacement, renovation and maintenance of urban public lighting systems;

c) The replacement and use of high-performance and electricity-saving lighting products in the localities;

d) The actual number of light bulbs in use by type of light source (Led, Sodium, high-pressure mercury...);

dd) The actual length of the illuminated urban roads (for roads at regional level or higher);

e) The actual length of illuminated residential roads and alleys.

Article 8, Reports on management and use of state-owned houses by housing operation and management units

The regime of reporting on management and use of state-owned houses by the housing operation and management unit, as prescribed at Point a, Clause 1; Clause 2, Article 47 of the Government s Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of the Law on Housing, shall be implemented as follows:

No later than December 16 every year, the housing operation and management units shall report to the housing authorities on the management and use of state-owned houses following Form No. 04 in the Appendix enclosed herewith this Circular.

Article 9. Reports on management of real estate brokerage practice and real estate transaction centers

The regime of reporting on management of real estate brokerage and real estate transaction centers, as prescribed in the Ministry of Construction’s Circular No. 11/2015/TT-BXD dated December 30, 2015 on regulations on the granting of real estate brokerage practice certificates; guiding the training and retraining on real estate brokerage practice, administration of real estate transaction centers; establishment and operation of real estate transaction centers shall be implemented as follows:

No later than December 20 every year, the provincial/municipal Departments of Construction shall report to the Ministry of Construction on the situation of granting real estate brokerage practice certificates; situation of training and retraining real estate brokerage practice as well as managing and operating real estate transaction centers following Form No. 05 in the Appendix enclosed herewith this Circular.

Article 10. Reports on activities related to construction materials

1. No later than December 20 every year, the provincial-level People s Committees shall report to the Ministry of Construction on activities related to construction materials, including the following contents:

a) Situation of considering minerals to be used as construction materials;

b) Investment in and production of construction materials;

c) Situation of using unburnt construction materials in the localities;

d) Situation of eliminating manual clay brick furnaces in the localities;

dd) Proposal of policies on development of environment-friendly construction materials in line with saving mineral resources and energy.

e) The figures related to construction materials following Form No. 06.

2. No later than December 20 every year, the ministries and branches shall report to the Ministry of Construction on the use of construction materials of their ministries and branches following Form No. 07 in the Appendix enclosed herewith this Circular.

Article 11. Amending, supplementing and replacing a number of articles of Circulars related to periodical reporting regime

1. Replacing Article 8 of the Ministry of Construction’s Circular No. 14/2016/TT-BXD dated June 30, 2016 guiding the granting of construction operation licenses and the management of foreign contractors executing construction works in Vietnam, and Clause 2, Article 5 of the Ministry of Construction’s Circular No. 08/2018/TT-BXD dated October 5, 2018 guiding a number of contents on construction practice certificates, construction operation capability certificates, and management of foreign contractors executing construction works in Vietnam as follows:

"Article 8. Provisions on reporting

1. No later than on December 16 every year, foreign contractors shall report to agencies in charge of granting construction operation certificates and the provincial/municipal Departments of Construction of the localities where their projects situated on the implementation of the contracts following Form No. 08 in Appendix enclosed herewith.

2. No later than December 20 every year, the provincial/municipal Departments of Construction shall report to the Ministry of Construction’s specialized agencies on the situation of granting construction operation certificates as well as the construction and management of construction activities of foreign contractors in their respective localities following Form No. 09 in the Appendix enclosed herewith."

2. Amending and supplementing Article 17 of the Ministry of Construction’s Circular No. 09/2015/TT-BXD dated December 29, 2015 guiding the management and use of official residences as follows:

"Article 17. Contents of reports and regime of reporting

1. No later than June 16 and December 16 every year, official residence operation and management units shall report to official residence management agencies on the operation, maintenance and leasing management of official residences following Form No. 10 in the Appendix enclosed herewith.

2. No later than the June 20 and December 20 every year, official residence management agencies shall report to houseowners on the management, arrangement and lease of official residences following Form No. 10 in the Appendix enclosed herewith.

3. No later than December 20 every year, ministries, branches, central agencies and provincial-level People s Committees shall report in writing o the Ministry of Construction on official residence management following Form No. 11 and Form No. 12 in the Appendix enclosed herewith.”

3. Amending and supplementing Clause 1, Article 30 of the Ministry of Construction s Circular No. 19/2016/TT-BXD dated June 30, 2016 guiding the implementation of a number of contents of the Law on Housing and the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 detailing and guiding the implementation of a number of articles of the Law on Housing as follows:

“1. No later than June 20 and December 20 every year or upon unexpected request, the Department of Construction shall report to the Ministry of Construction on the housing ownership of foreign organizations and individuals in the localities following form No. 13 in the Appendix enclosed herewith.”

4. Amending and supplementing Clause 4, Article 13 of the Ministry of Construction s Circular No. 20/2016/TT-BXD dated June 30, 2016 guiding the implementation of a number of contents of the Government’s Decree No. 100/2015/TT-BXD dated October 20, 2015 on social housing development and management as follows:

“4. No later than June 20 and December 20 every year or upon unexpected request, the Department of Construction shall report to the provincial-level People s Committee and the Ministry of Construction on social housing in the localities following Form No. 14 in the Appendix enclosed herewith.”

Article 12. Annulling a number of provisions related to the periodical reporting regime

1. Annulling the content: "The reports on the situation of checking the pre-acceptance test and incidents of construction works submitted by the Ministries to the Ministry of Construction shall follow Form No. 01, Appendix VIII enclosed herewith" and the content: " The reports on the situation of checking the pre-acceptance test and incidents of construction works in the localities submitted to the Ministry of Construction shall follow Form No. 02, Appendix VIII enclosed herewith" prescribed in Clauses 2 and 3, Article 24 of the Ministry of Construction’s Circular No. 26/2016/TT-BXD dated October 26, 2016 detailing a number of contents on quality management and maintenance of construction works.

2. Annulling Clause 4, Article 23 of the Ministry of Construction’s Circular No. 04/2017/TT-BXD dated March 30, 2017 on labor safety management in the execution of construction works.

2. Annulling Point e, Clause 2, Article 17 of the Ministry of Construction s Circular No. 04/2014/TT-BXD dated April 22, 2014 guiding a number of contents on judicial expertise in construction investment activities.

3. Annulling Clause 9, Article 15 and the content "Every 6 months and every year, the Department of Construction shall report to the Ministry of Construction on the situation of training and retraining on real estate brokerage practice as well as management and administration of real estate transaction center” prescribed in Clause 2, Article 23 of the Ministry of Construction’s Circular No. 11/2015/TT-BXD dated December 30, 2015 on regulations on the granting of real estate brokerage practice certificates; guiding the training and retraining on real estate brokerage practice, administration of real estate transaction centers; establishment and operation of real estate transaction centers.

Article 13. Effect

This Circular takes effect on August 15, 2019.

In the course of implementation, if problems arise, agencies and units are requested to promptly report them to the Ministry of Construction for consideration, adjustment and supplementation accordingly.