Decision No. 29/2006/QD-BXD dated September 14, 2006 of the Ministry of Construction promulgating the Regulation on publicization of administrative procedures for, and attitude and behaviors of cadres and civil servants engaged in, the grant of dwelling house ownership certificates and construction work ownership certificates

DECISION

PROMULGATING THE REGULATION ON PUBLICIZATION OF ADMINISTRATIVE PROCEDURES FOR, AND ATTITUDE AND BEHAVIORS OF CADRES AND CIVIL SERVANTS ENGAGED IN, THE GRANT OF DWELLING HOUSE OWNERSHIP CERTIFICATES AND CONSTRUCTION WORK OWNERSHIP 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. 95/2005/ND-CP of July 15, 2005, on the grant of dwelling house ownership certificates and construction work ownership certificates;

Pursuant to the Government's Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law;

At the proposal of the directors of the House Management Department and the Ministry Office,

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 dwelling house ownership certificates and construction work ownership 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.

REGULATION

ON PUBLICIZATION OF ADMINISTRATIVE PROCEDURES FOR, AND ATTITUDE AND BEHAVIORS OF CADRES AND CIVIL SERVANTS ENGAGED IN, THE GRANT OF DWELLING HOUSE OWNERSHIP CERTIFICATES AND CONSTRUCTION WORK OWNERSHIP CERTIFICATE
(Promulgated together with the Construction Minister's Decision No. 29/2006/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 in, the grant of dwelling house ownership certificates and construction work ownership certificates (hereinafter collectively referred to as dwelling house ownership and construction work ownership certificates).

Article 2.- Subjects of application

1. People's Committees at various levels and state management agencies competent to grant dwelling house ownership or construction work ownership certificates.

2. Cadres and civil servants working in the aforesaid agencies who are in charge of handling administrative procedures in the domain defined in Article 1.

3. Domestic and foreign organizations and individuals that wish to settle administrative affairs in the domain defined in Article 1.

Chapter II

CONTENTS SUBJECT TO PUBLICIZATION

Article 3.- Forms of publicization of administrative procedures

1. Dossier-receiving and -processing agencies shall post up the contents prescribed in Article 4 of this Regulation:

a/ At head offices of People's Committees of communes, wards or townships;

b/ At places for receipt of dossiers of application for dwelling house ownership or construction work ownership certificates;

c/ On the Internet (for agencies having websites)

Article 4.- Contents subject to publicization

1. The list of papers in dossiers of application for dwelling house ownership or construction work ownership certificates (including dossiers of application for the grant, renewal or re-grant of certificates or for the certification of changes after the grant of certificates) prescribed in Articles 46, 47 and 48 of the Government's Decree No. 90/2006/ND-CP of September 6, 2006, detailing and guiding the implementation of the Housing Law (hereinafter referred to as Decree No. 90/2006/ND-CP for short) and Articles 9, 10 and 11 of the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of dwelling house ownership or construction work ownership certificates (hereinafter referred to as Decree No. 95/2005/ND-CP for short).

2. Specific time limits for the processing of dossiers in each case of grant, renewal or re-grant of dwelling house ownership or construction work ownership certificates, and certification of changes after the grant of certificates, prescribed in Articles 46, 47 and 48 of Decree No. 90/2006/ND-CP and Articles 12, 13, 16 and 17 of Decree No. 95/2005/ND-CP.

3. Charges and financial obligations payable by the applicants for dwelling house ownership or construction work ownership certificates prescribed by law for each specific case; and time and place of payment of these amounts.

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 5.- Responsibilities of People's Committees at various levels, names of agencies competent to receive and process dossiers of application for dwelling house ownership or construction work ownership certificates

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 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 Article 4 of this Regulation.

4. Dossier-receiving agencies shall arrange cadres and civil servants who possess good ethics, fully grasp requirements on the contents of dossiers and are capable of guiding applicants to complete their dossiers according to regulations.

5. Leaders of People's Committees at various levels and agencies receiving and processing dossiers of application for dwelling house ownership or construction work ownership certificates shall publicize their telephone numbers (hotline) for the people to know and contact when necessary; and to settle in time questions or reports on negative, troubling or harassing acts committed by cadres under their management.

Article 6.- Responsibilities of cadres and civil servants in receiving and processing dossiers of application for dwelling house ownership or construction work ownership certificates

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 relevant papers;

b/ To receive the dossiers which 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 house or construction work owners must produce upon receiving replies.

2. Persons competent to sign dossier-processing documents 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 receive the original documents for archival according to regulations.

Article 7.- Responsibilities of organizations and individuals that wish to fill in administrative procedures for the grant of dwelling house ownership or construction work ownership certificates.

1. To make truthful, complete and accurate declarations in the application forms and submit complete dossiers according to regulations to dossier-receiving persons;

2. To strictly abide by rules and regulations of dossier-receiving agencies;

3. To report to heads of dossier-receiving agencies or representatives of leaderships of People's Committees at various levels cadres or civil servants who commit negative, troubling or harassing acts.

Chapter IV

ATTITUDE AND BEHAVIORS OF CADRES AND CIVIL SERVANTS, HANDLING AND DISCIPLINING OF VIOLATIONS

Article 8.- Attitude and behaviors of cadres and civil servants engaged in the grant of dwelling house ownership or construction work ownership certificates

1. Cadres and civil servants in charge of receiving dossiers shall wear cadres' or civil servants' cards showing their full names, positions and agencies.

2. Cadres and civil servants in charge of receiving dossiers must adopt a friendly attitude when explaining issues which remain unclear to people.

3. Cadres and civil servant in charge of receiving dossiers must neither be imperious towards, 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 behaviors, troubling or harassing acts, and acts of corruption committed by cadres under their management.

2. Cadres and civil servants who are imperious towards, harass or trouble people, or commit negative acts when 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 implementation of this Regulation.

Article 11.- Responsibilities of agencies under the Ministry of Construction

The director of the House Management 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.