Directive 08/CT-TTg shorten the construction-licensing time, relevant procedures

DIRECTIVE

On furtherance of measures to shorten the construction-licensing time and relevant procedures^[1]

In recent years, the construction licensing has been much improved in terms of procedures and time (according to the World Bank’s evaluation, Vietnam’s construction-licensing norm has been bettered year after year and constitutes a high index among those on improvement of the business environment in Vietnam).

However, the time for carrying out the construction-licensing procedures^[2]remains long. This is attributed to the facts that some current regulations remain inconsistent; the capacity of cadres and civil servants fails to meet the requirements; a number of cadres and civil servants show signs of causing difficulties or troubles in performance of their official duties; the inter-agency “one-stop-shop” mechanism has not yet been absolutely implemented; the coordination among related agencies in carrying out administrative procedures remains relaxed; and the capacity of a number of entities involved in construction investment activities appears weak.

On February 6, 2017, the Government promulgated Resolution No. 19/2017/NQ-CP on furtherance of major tasks and solutions to improve the business environment and raise the national competitiveness in 2017 with orientation toward 2020 (below referred to as Resolution No. 19), which prescribes a number of measures to simplify the administrative procedures and shorten the time for carrying out the construction-licensing procedures as well as relevant procedures with a view to improving the business investment environment to reach the average of ASEAN-4 countries.

In order to promptly and effectively implement Resolution No. 19, the Prime Minister requests ministries, sectors and localities to direct and effectively realize the following objectives, tasks and solutions:

I. OBJECTIVES

To promptly and effectively realize the tasks and solutions defined in Resolution No. 19 in order to shorten the time for carrying out the construction-licensing procedures to equal the average of ASEAN-4 countries, specifically as follows:

To shorten the construction-licensing time from 166 days to 120 days at most (specifically, the time for carrying out procedures for appraisal of base designs, appraisal of technical designs or construction drawing designs, and grant of construction licenses will be reduced by 19 days; the time for carrying out procedures for appraisal and approval of fire prevention and fighting conditions, by 10 days; the time for power supply and water supply and drainage connections, by 7 days; and the time for asset registration after construction completion, by 10 days).

II. CENTRAL TASKS AND SOLUTIONS

1. To intensify the application of information technology and effectively implement the one-stop-shop and inter-agency one-stop-shop mechanisms; to step up the provision of online public services and public postal services so as to reduce the time for carrying out the construction- licensing procedures, specifically as follows:

a/ To reduce the time for carrying out procedures for appraisal of construction designs and grant of construction licenses by 19 days, from 82 days under the World Bank’s 2017 evaluation to 63 days at most, of which the time for appraisal of base designs will be reduced by at least 5 days; the time for appraisal of technical designs or construction drawing designs, by at least 4 days; and the time for grant of construction licenses, by at least 10 days. If these procedures are carried out by the same agency, this agency may balance the reduced time for every procedure, ensuring the total reduced time of 19 days for the above 3 procedures.

Responsible and directing agencies: Ministries of Construction; Transport; Agriculture and Rural Development; Industry and Trade; Public Security; and National Defense, and provincial-level Departments of Construction; Transport; Agriculture and Rural Development; and Industry and Trade.

Completion time: 2018;

b/ To reduce the time for carrying out procedures for appraisal and approval of fire prevention and fighting conditions by 10 days, from 30 days under the World Bank’s 2017 evaluation to 20 days at most, of which the time for giving comments on planning design projects and the time for giving comments on base designs will be both reduced from 10 days to 5 days.

Responsible and directing agencies: Ministry of Public Security, provincial-level People’s Committees, Fire Prevention and Fighting and Salvage and Rescue Police Department, provincial-level Fire Prevention and Fighting Police Departments, and Fire Prevention and Fighting and Salvage and Rescue Police Divisions of provincial-level Departments of Public Security

Completion time: 2018.

c/ To reduce the time for carrying out procedures for power supply and water supply and drainage connections by 7 days, from 14 days under the World Bank’s 2017 evaluation to 7 days at most.

Responsible and directing agencies: Provincial-level People’s Committees, water supply and drainage companies, and electricity companies.

Completion time: 2018.

d/ To reduce the time for carrying out procedures for registration of land and land-attached assets and for grant of certificates of land use rights and ownership of houses and land-attached assets by 10 days, from 30 days under the World Bank’s 2017 evaluation to 20 days at most; to consider using results of pre-acceptance tests upon construction completion of specialized construction agencies when carrying out administrative procedures for grant of certificates of ownership of houses and land-attached assets.

Responsible and directing agencies: Ministry of Natural Resources and Environment, provincial-level People’s Committees, provincial-level Departments of Natural Resources and Environment, and provincial-level land registries.

Completion time: 2018.

2. To intensify the coordination among related agencies in simultaneous implementation of administrative procedures

a/ To formulate the Regulation on coordination in appraisal and approval of fire prevention and fighting conditions, appraisal of construction designs, and grant of construction licenses, including the simultaneous implementation of procedures for collecting opinions on fire prevention and fighting solutions with procedures for appraisal of projects and base designs; and procedures for appraisal and approval fire prevention and fighting conditions with procedures for appraisal of technical designs or construction drawing designs.

Responsible and directing agencies: Ministry of Public Security, provincial-level People’s Committees, Fire Prevention and Fighting and Salvage and Rescue Police Department, provincial-level Fire Prevention and Fighting Police Departments, and Fire Prevention and Fighting and Salvage and Rescue Police Divisions of provincial-level Departments of Public Security.

Coordinating agencies: Ministries of Construction; Transport; and Industry and Trade, and provincial-level Departments of Construction; Transport; and Industry and Trade.

Completion time: Second quarter of 2018.

b/ To formulate the Regulation on coordination in carrying out procedures for appraisal of projects, appraisal of construction designs and appraisal of environmental impact assessment reports (or certification of environmental protection plans).

Responsible and directing agencies: Ministries of Construction; Transport; Agriculture and Rural Development; Industry and Trade; and National Defense, provincial-level People’s Committees, and provincial-level Departments of Construction; Transport; Agriculture and Rural Development; and Industry and Trade.

Coordinating agencies: Ministry of Natural Resources and Environment, and provincial-level Departments of Natural Resources and Environment.

Completion time: Second quarter of 2018;

c/ To formulate coordination contents and process and organize the interdisciplinary coordination in inspecting pre-acceptance tests upon completion of construction works and inspecting fire prevention and fighting conditions, ensuring efficiency, thrift, and reduction of the time for carrying out relevant administrative procedures.

Responsible and directing agencies: Ministries of Construction; Transport; and Industry and Trade, provincial-level People’s Committees, and provincial-level Departments of Construction; Transport; and Industry and Trade.

Coordinating agencies: Ministry of Public Security, Fire Prevention and Fighting and Salvage and Rescue Police Department, provincial-level Fire Prevention and Fighting Police Departments, and Fire Prevention and Fighting and Salvage and Rescue Divisions of provincial-level Departments of Public Security.

Completion time: Third quarter of 2018;

d/ To formulate the coordination contents and process and organize the interdisciplinary coordination in inspecting pre-acceptance tests upon completion of construction works and inspecting and certifying environmental protection facilities, ensuring efficiency, thrift, and reduction of the time for carrying out relevant administrative procedures.

Responsible and directing agencies: Ministries of Construction; Transport; Agriculture and Rural Development; Industry and Trade; and National Defense, provincial-level People’s Committees, and provincial-level Departments of Construction; Transport; Agriculture and Rural Development; and Industry and Trade.

Coordinating agencies: Ministry of Natural Resources and Environment, and provincial-level Departments of Natural Resources and Environment.

Completion time: Third quarter of 2018.

dd/ Depending on the practical conditions in ministries, sectors and localities, interdisciplinary teams may be formed to inspect pre-acceptance tests of construction works and pre-acceptance tests of fire prevention and fighting facilities, and inspect and certify environmental protection facilities in the stage of operating projects and putting works to use, for a number of works and projects requiring the simultaneous implementation of these procedures.

3. To further study, scrutinize and propose the improvement of the legal system

a/ To study, review, and propose the amendment and supplementation of the provisions on appraisal of projects, construction designs and cost estimates, and grant of construction licenses in the Construction Law and guiding decrees and circulars toward restricting the difference in works and projects subject to appraisal of project designs, construction designs and cost estimates under the construction law for works and projects subject to appraisal and approval of fire prevention and fighting conditions under the law on fire prevention and fighting; simplifying the construction-licensing dossiers for some types of works; reducing the time to carry out procedures for appraisal of base designs, appraisal of technical designs or construction drawing designs, and grant of construction licenses by at least 19 days against the maximum time for carrying out these procedures under current law.

Responsible agency: Ministry of Construction.

Coordinating agencies: Ministries of Transport; Agriculture and Rural Development; Industry and Trade; Public Security; National Defense; and Natural Resources and Environment, and other related agencies and organizations.

Implementation time: 2019.

b/ To study, renew and propose the amendment and supplementation of the provisions on appraisal, approval and pre-acceptance test of fire prevention and fighting conditions in the Law on Fire Prevention and Fighting and guiding decrees and circulars toward restricting the difference in works and projects subject to appraisal, approval and pre-acceptance test of fire prevention and fighting conditions under the law on fire prevention and fighting for works and projects subject to appraisal of project designs, construction designs and cost estimates, and inspection of pre-acceptance tests of construction works under the construction law; clarifying the process of simultaneous implementation and incorporation of procedures for appraisal and approval of fire prevention and fighting conditions with procedures for appraisal of projects and construction designs; procedures for pre-acceptance tests of fire prevention and fighting conditions with procedures for inspecting pre-acceptance tests of construction works; reducing the time to carry out procedures for appraisal and approval of fire prevention and fighting conditions by at least 10 days against the maximum time for carrying out these procedures under current law.

Responsible agency: Ministry of Public Security.

Coordinating agencies: Ministries of Construction; Transport; Agriculture and Rural Development; Industry and Trade; National Defense; and Natural Resources and Environment, and other related agencies and organizations.

Implementation time: 2019.

c/ To study, review and propose the amendment and supplementation of the provisions on inspection and certification of environmental protection facilities in the stage of operating projects, conducting pre-acceptance tests and putting works to use in the Law on Environmental Protection and guiding decrees and circulars toward restricting the difference in works and projects subject to inspection and certification of environmental protection facilities in the stage of operating projects and conducting pre-acceptance tests and putting works to use under the law on environmental protection for works and projects subject to inspection of pre-acceptance tests under the construction law; clarifying the process of incorporation and simultaneous implementation of procedures for appraisal of environmental impact assessment reports (or certification of environmental protection plans) with procedures for appraisal of projects and appraisal of construction designs; procedures for inspection and certification of environmental protection facilities with procedures for inspection of pre-acceptance tests of construction works; reducing the time to carry out procedures for appraisal of environmental impact assessment reports at least by 15 days against the maximum time to carry out these procedures under current law.

Responsible agency: Ministry of Natural Resources and Environment.

Coordinating agencies: Ministries of Construction; Transport; Agriculture and Rural Development; Industry and Trade; Public Security; and National Defense, and other related agencies and organizations.

Implementation time: 2019.

d/ To study, scrutinize and propose the amendment and supplementation of the provisions on grant of certificates of ownership of construction works in the Land Law and guiding decrees and circulars toward supplementing the certification of land areas of construction works after construction completion for grant of certificates of ownership of houses and land-attached assets in the process of inspecting pre-acceptance tests of construction works; reducing the time for registration of land and land-attached assets, and grant of certificates of land use rights and ownership of houses and land-attached assets by at least 10 days against the maximum time to carry out these procedures under current law.

Responsible agency: Ministry of Natural Resources and Environment.

Coordinating agencies: Ministry of Construction and other related agencies and organizations.

Implementation time: 2019.

III. ORGANIZATION OF IMPLEMENTATION

1. Within the ambit of their assigned functions and tasks, ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People’s Committees shall:

a/ Thoroughly understand the objectives and principles defined in the Government’s annual resolutions related to the implementation of major tasks and solutions to improve the business environment and raise the national competitiveness; further direct the scheduled and effective implementation of solutions and tasks prescribed in such resolutions; and supplement for concretization into action programs for realization of annual resolutions in pursuance to this Directive;

b/ Train to improve professional qualifications and ethics of the contingent of cadres, civil servants and public employees, especially those directly handling administrative procedures; resolutely put an end to the harassment of enterprises and citizens; and apply severe disciplines against violators;

c/ Direct, and regularly inspect and oversee to ensure the scheduled realization of objectives, tasks, solutions and reporting regimes provided in this Directive;

d/ Promptly summarize problems and difficulties in the process of performance of the tasks defined in this Directive and send them to competent agencies for settlement.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, according to their assigned functions and tasks, report the results of implementation of this Directive periodically before the 15^thday of the last month of a quarter and before December 15 every year to the Ministry of Construction for summarization and reporting to the Government.

3. The Ministry of Construction shall monitor, urge and inspect the implementation of this Directive; and promptly report arising problems, if any, to the Prime Minister for consideration and direction.-

For the Prime Minister
Deputy Prime Minister
TRINH DINH DUNG