Decision No. 31/2006/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 construction permits, construction practice certificates, and contraction permits to foreign contractors carrying out construction activities in Vietnam

DECISION

PROMULGATING THE REGULATION ON PUBLICIZATION OF ADMINISTRATIVE PROCEDURES FOR, AND ATTITUDE AND BEHAVIORS OF CADRES AND CIVIL SERVANTS ENGAGED IN, THE GRANT OF CONSTRUCTION PERMITS, CONSTRUCTION PRACTICE CERTIFICATES, AND CONTRACTION PERMITS TO FOREIGN CONTRACTORS CARRYING OUT CONSTRUCTION ACTIVITIES IN VIETNAM

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. 16/2005/ND-CP of February 7, 2005, on management of investment projects on the construction of works;

Pursuant to the Prime Minister's Decision No. 87/2004/ND-CP of May 19, 2004, promulgating the Regulation on management of operation of foreign contractors carrying out construction activities in Vietnam;

At the proposal of the director of the Construction and Installation 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 grant of construction permits, construction practice certificates, and contraction permits to foreign contractors carrying out construction activities in Vietnam.

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 CONSTRUCTION PERMITS, CONSTRUC-TION PRACTICE CERTIFICATES, AND CONTRACTION PERMITS TO FOREIGN CONTRACTORS CARRYING OUT CONSTRUC-TION ACTIVITIES IN VIETNAM
(Promulgated together with the Construction Minister's Decision No. 31/2006/QD-BXD of September 14, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Regulation specifies the publicization of administrative procedures for, and attitude and behaviors of cadres and civil servants engaged in, the grant of construction permits, construction practice certificates, and contraction permits to foreign contractors carrying out construction activities in Vietnam.

Article 2.- Subjects of application

This Regulation applies to organizations and individuals related to the grant of construction permits, construction practice certificates and contraction permits to foreign contractors carrying out construction activities in Vietnam.

Chapter II

CONTENTS SUBJECT TO PUBLICIZATION

Article 3.- Publicization of administrative procedures in the grant of construction permits

Agencies competent to grant construction permits shall post up at the places for receipt of dossiers and on the Internet (for agencies having websites) the following contents:

1. Works for which construction permits are not required, prescribed in Clause 1, Section I of the Construction Ministry's Circular No. 09/2005/TT-BXD of May 6, 2005 (hereinafter referred to as Circular No. 09/BXD for short).

2. The conditions for the grant of construction permits or temporary construction permits, prescribed in Article 65 of the Construction Law and Articles 2 and 3 of the Prime Minister's Decision No. 39/2005/QD-TTg of February 28, 2005, guiding the implementation of Article 121 of the Construction Law.

3. The dossier of application for a construction permit for works and dwelling houses in urban and rural areas, prescribed in Article 63 of the Construction Law, Articles 18 and 19 of the Government's Decree No. 16/2005/ND-CP of February 7, 2005, on management of investment projects on the construction of works (hereinafter referred to as Decree No. 16/CP for short), and Sections II and III of Circular No. 09/BXD.

4. The dossier of application for the extension of a construction permit, prescribed in Article 23 of Decree 16/CP.

5. The time limit for the grant of construction permits, prescribed in Clause 2, Article 67 of the Construction Law, and the time limit for extension of construction permits, prescribed in Clause 3, Article 23 of Decree No. 16/CP.

6. Fees for the grant of construction permits according to current regulations.

7. The competence to grant construction permits as prescribed in Article 66 of the Construction Law, Article 21 of Decree No. 16/CP and decentralized by provincial-level People's Committees.

8. Rights and obligations of applicants for construction permits, prescribed in Article 68 of the Construction Law.

9. Responsibilities of agencies granting construction permits and the time limit for the grant of construction permits, prescribed in Article 67 of the Construction Law and Article 22 of Decree No. 16/CP.

Article 4.- Publicization of administrative procedures in the grant of construction practice certificates

Agencies competent to grant construction practice certificates shall post up at the places for receipt of dossiers and on the Internet (for agencies having websites) the following contents:

1. The conditions for the grant of construction architect's or engineer's practice certificates, prescribed in Articles 50 and 51 of Decree No. 16/CP and Articles 2 and 7 of the Regulation on the grant of construction architect's or engineer's practice certificates, issued together with the Construction Minister's Decision No. 15/2005/QD-BXD of April 25, 2005 (hereinafter referred to as Decision No. 15/BXD for short).

2. The conditions for the grant of practice certificates for supervision of work construction, prescribed in Article 52 of Decree No. 16/CP, Articles 2 and 6 of the Regulation on the grant of practice certificates for supervision of work construction, issued together with the Construction Minister's Decision No. 12/2005/QD-BXD of April 18, 2005 (hereinafter referred to as Decision No. 12/BXD for short), and Points 2 and 3 of the Construction Ministry's Document No. 2646/BXD-XL of December 23, 2005.

3. The dossier of application for the grant or re-grant of a construction architect's or engineer's practice certificate, prescribed in Articles 8 and 10 of Decision No. 15/BXD.

4. The dossier of application for the grant or re-grant of a practice certificate for supervision of work construction, prescribed in Articles 7 and 9 of Decision No. 12/BXD.

5. The time limit for the grant or re-grant of construction architect's or engineer's practice certificates, prescribed in Articles 6 and 10 of Decision No. 15/BXD.

6. The time limit for the grant or re-grant of practice certificates for supervision of work construction, prescribed in Articles 5 and 9 of Decision No. 12/BXD.

7. Fees for the grant of construction practice certificates, prescribed in the Government's Decree No. 24/2006/ND-CP of March 6, 2006, and the Finance Ministry's Circular No. 43/2003/TT-BTC of May 13, 2003, and Document No. 8580/BTC-CST of July 8, 2005.

8. Rights and obligations of applicants for construction architect's or engineer's practice certificates and of provincial/municipal Construction Services, prescribed in Articles 11 and 12 of Decision No. 15/BXD.

9. Rights and obligations of applicants for practice certificates for supervision of work construction and of provincial/municipal Construction Services, prescribed in Articles 11 and 12 of Decision No. 12/BXD.

Article 5.- Publicization of administrative procedures in the grant of contraction permits to foreign contractors carrying out construction activities in Vietnam

Agencies competent to grant contraction permits to foreign contractors carrying out construction activities in Vietnam shall post up at the places for receipt of dossiers and on the Internet (for agencies having websites) the following contents:

1. The conditions for the grant of contraction permits, prescribed in Article 4 of the Regulation on management of operation of foreign contractors carrying out construction activities in Vietnam, issued together with the Prime Minister's Decision No. 87/2004/QD-TTg of May 19, 2004 (hereinafter referred to as Decision No. 87/TTg for short).

2. The dossier of application for a contraction permit, applicable to organizations, prescribed at Point 1, and to individuals engaged in construction investment consultancy, prescribed at Point 2 of the Construction Ministry's Circular No. 05/2004/TT-BXD of September 15, 2004 (hereinafter referred to as Decision No. 05/BXD).

3. The time limit for consideration and grant of contraction permits, prescribed in Clause 1, Article 6 of Decision No. 87/TTg.

4. Fees for the grant of contraction permits, prescribed in the Finance Ministry's Circular No. 43/2003/TT-BTC of May 13, 2003, and guiding document No. 8580/BTC-CST of July 8, 2005.

5. The competence to grant contraction permits, prescribed in Clause 3, Article 10 and Clause 2, Article 16 of Decision No. 87/TTg; and Items a and b, Point 3 of Circular No. 05/BXD.

6. Rights and obligations of foreign contractors, prescribed in Article 7 of Decision No. 87/TTg.

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 6.- Responsibilities of People's Committees at various levels and dossier-receiving and
-processing dossiers

1. Agencies competent to grant permits and certificates defined in Article 1 of this Regulation shall have the following duties:

a/ To publicize places for receipt and processing of dossiers of application for construction permits, construction practice certificates, and construction contraction permits (hereinafter referred to as dossiers for short) and the names of agencies competent to receive and process dossiers (according to decentralization).

b/ 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.

c/ To publicize telephone numbers (hotline) of leaders of dossier-receiving agencies and representatives of leaderships who are in charge of the domains defined in Article 1 of this Regulation for 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.

2. The dossier-receiving sections shall have to 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.

6. Leaders of units assigned to receive dossiers shall, within the scope of their functions and tasks, have to settle (or make proposals according to their competence) in time questions or reports on negative, harassing or troubling acts committed by cadres under their management according to the provisions of law.

Article 7.- 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 places for 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 prescribed time limit and abide by the current provisions of 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 compensations for damage (if any), caused by their faults.

Article 8.- Responsibilities of organizations and individuals applying for permits or certificates

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 promptly report through the hotline on negative, troubling or harassing acts committed by cadres or civil servants.

Chapter IV

ATTITUDE AND BEHAVIOR OF CADRES AND CIVIL SERVANTS, AND HANDLING OF VIOLATIONS

Article 9.- Attitude and behaviors of cadres and civil servants engaged in the grant of permits and 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 in explaining issues which remain unclear to dossier-submitting organizations and individuals.

3. Cadres and civil servants in charge of receiving dossiers must not be imperious toward, trouble or harass people, commit negative acts or abuse their positions and powers for self-seeking purposes.

Article 10.- Handling of violating cadres and civil servants

1. Presidents of People's Committees at various levels and heads of agencies competent to grant permits and certificates shall be answerable before law for acts of delaying the processing of dossiers, negative acts, acts of showing an imperious attitude towards and troubling or harassing acts 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 be suspended from work and, 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 11.- 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 12.- Responsibilities of agencies under the Ministry of Construction

1. The director of the Construction and Installation Department shall organize the implementation of this Regulation according to its assigned tasks; monitor, urge and coordinate with concerned units in inspecting the implementation of this Regulation.

2. Relevant units under the Construction Ministry shall, according to their assigned functions and tasks, assume the prime responsibility for, and coordinate with the Construction and Installation Department in, organizing the implementation of this Regulation.