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Functions, missions, and powers

About Ha Nam  
Functions, missions, and powers

Agency's name: Ha Nam Department of Construction

 

Address: No. 1, Ly Thuong Kiet Street, Le Hong Phong Ward, Phu Ly City, Ha Nam Province

 

Tel: 03513852713

Fax: 03513856066

 

A. Position and functions:

 1. Department of Construction is a professional body under the Provincial People's Committee; performing functions of advising and assisting the Provincial People's Committees to manage state on fields: planning construction and architecture; construction investment activities; urban development; technical infrastructure of urban and industrial parks, economic zones and hi-tech parks (including water supply and drainage in urban and industrial parks, economic zones and hi-tech parks; management of normal solid wastage in urban, industrial parks, economic zones, hi-tech parks, and at establishments  of construction material production, urban lighting, parks,  and green trees at urban, and cemetery management (except martyrs' cemetery); infrastructure structure of urban traffic, excluding management, exploitation, usage and maintenance of infrastructure structure of urban traffic, management of urban underground construction, management of common use of urban technical infrastructure); domestic houses; offices; real estate market; construction materials; public services in the areas of state management of the Department; performing some other missions and powers under subdivision and authorization of Provincial People's Committees and according to law provisions;

2. Department of Construction has the legal entity, its own seal and private accounts; being under direction and management in term of organization, personnel and operation of Provincial People's Committee, as well as under direction, guidance and inspection on professional skills by Ministry of Construction.

B. Missions and powers

    1. Submitting to the Provincial People's Committee:

  a) Making draft of decisions, directives, and documents regulating assignment, subdivision, and authorization in the areas of state management of the Department under responsibility and authority of the Provincial People's Committee;

b) Making draft of long-term, five-year and annual master plans and plans, programs and projects in sectors and fields under the State management scope of the Department assigned by the Provincial People's Committee;

c) Making draft of programs and measures to organize and perform reforms of state administrative missions in the areas of state management of the Department in the province, ensuring compliance with the objectives and contents of the overall program of state administrative reform by the Provincial People's Committee;

d) Making draft of documents regulating conditions and standards for titles of heads and deputy heads of units under the Department in detail; head and deputy head of Urban Management Office, Economic and Infrastructure Office under District People's Committee after coordinating and unifying with the relevant departments of sector and field management.

 2. Submitting to Chairman of Provincial People's Committee:

a) Making draft of decisions, directives, and other documents under promulgation authority of the Chairman of the Provincial People's Committee on the areas of state management of the Department;

b) Making draft of decisions of establishment, integration, division, reorganization, and dissolution of units under the Department according to the provisions of law;

 3. Guiding, inspecting and taking responsibility for organizing and implementing legal documents, standards, development planning, plans, programs, and projects that have been already approved and under Department's state management; propagating, disseminating and educating the law and information on the state management domains of the Department.

 4. In term of planning of construction and architecture (including regional construction planning, urban planning, rural construction planning, construction planning of specific functional areas, urban design, space management, architecture, urban landscape):

a) Guiding, inspecting and organizing implementation of regulations and standards on construction planning, architecture, regulations on elaboration, appraisal and approval of construction planning schemes and urban planning;

 b) Formulating and appraising regulations of planning management and urban architecture under approving and promulgating competence of the Provincial People's Committees; guiding and coordinating with District People's Committees in elaborating and appraising regulations of planning management and urban architecture under the approving and promulgating competence of District People's Committees; guiding and inspecting implementation of regulations of planning management and  urban architecture after they are approved and promulgated by competent authorities;

c) Formulating, appraising and submitting to Provincial People's Committee for approval or letting Provincial People's Committee submit to  competent authorities for appraisal and approval with construction planning and urban planning projects in the province according to law 's regulations;

d) Guiding investors in organizing of setting up construction planning schemes under approval competence of the Provincial People's Committee;

đ) Guiding District People's Committees in organizing establishment, appraisal and approval of projects of commune-level general planning and rural construction planning  in the communes based on subdivision;

e) Managing and organizing implementation of approved construction planning in the province according to subdivision, including: organizing for publicizing and publicizing construction planning; managing dossiers of construction boundary marks and boundaries and elevations; issuing planning permits and granting construction planning certificates; introducing construction locations and lining technical infrastructure; and providing information on planning and architecture;

g) Guiding and inspecting implementation of law provisions on the conditions for practicing architects and urban planning engineers and capability of individuals and organizations participating in construction planning design at grade II and grade III; and on organizing competition about planning ideas contest, and selection of architectural design projects in the province;

h) Building and managing database on construction, and architecture planning in the province

 5. In term of activities of construction investment:

a) Guiding and inspecting implementation of the law provisions in activities of construction investment, including: establishment, appraisal and approval of investment projects on construction; making survey, designing construction; granting construction licenses; constructing, checking and taking over, making warranty and maintenance of construction works; testing major of construction and appraising construction; ensuring safety in construction; expense management of construction investment; management of conditions and construction operation abilities of organizations and individuals and to grant operation licenses for foreign contractors;

b) Organizing appraisal of construction investment projects, construction designs and construction cost estimates based on subdivision; guiding and inspecting operations of appraisal and verification of construction investment projects, construction designs and construction cost estimates according to law provisions;

c) Advising the Provincial People's Committees on the State management in term of operations of Project Management Unit of construction investment established by the Provincial People's Committee in the Province;

d) Organizing and performing missions of State management on quality of construction works in the province under law regulations;

đ) Organizing and implementing appraisal of construction works' quality and construction works' incidents under subdivision and assignment by the Provincial People's Committee; monitoring, synthesizing and reporting to competent authorities about situation of construction works' incidents in the province under regulation;

e) Guiding operations of establishment and management of construction investment expenses in the province; organizing to set up the following lists for Provincial People's Committee  to declare or Department to declare under subdivision: lists of construction unit prices, labor unit prices, machinery and construction equipment prices, construction materials prices, construction survey prices, testing prices of construction material and components, making norms for estimate of specific jobs under construction investment projects in the province that are not yet included in the list of construction norms announced by the Ministry of Construction; advising and proposing to the Provincial People's Committees to guide application or application of construction norms, construction unit prices, construction price indexes and investment capital amounts for construction investment projects using local budget sources;

g) Advising the Provincial People's Committees to grant, adjust, extent and withdraw construction licenses in the province based on subdivision;

h) Granting, adjusting, and withdrawing construction licenses of foreign contractors operating in construction activities in the province based on subdivision;

i) Granting capacity certificates in grade II and grade III for organizations involved in construction activities in the province; inspecting implementation of law provisions on capability conditions of construction practice of individuals and capability conditions on construction operation of organizations participating in construction investment activities in the province. It organizes examination, grant, re-issue and withdrawal of practicing certificates to individuals and capability certificates to organizations involved in construction activities according to the law's provision in the province; guiding and inspecting grant, re-grant, withdrawal and management of construction practice certificates in the province;

k) Establishing databases, updating, posting and providing information on capacity of organizations and individuals involved in construction activities with head offices in the province (including foreign contractors operating in construction field in the province);

l) Guiding, inspecting and evaluating implementation operations of labor safety, hygiene and environment in constructing construction works in the province; inspecting implementation of the law provisions on safety of construction machines, equipment and materials with strict requirements on labor safety in the province; coordinating with the concerned agencies in handling violations of labor safety, hygiene and environment in work construction; guiding for handling incidents due to technical unsafety in work construction according to law's provisions;

m) Monitoring, examining, supervising and evaluating the overall construction investment activities under the management competence of the Department.

 6. In term of urban development:

a) Organizing to set up types of planning under regulations, programs on urban development in the whole province and each urban in the province, ensuring compatibility with the strategy and master plan for development of the national urban system, the national urban development program, inter-provincial and provincial construction planning and overall urban planning approved by the Prime Minister; defining urban development areas and implementation plans; defining indicators on urban development in the socio-economic development task of the province; and organizing implementation of planning, plans and programs after they are approved by the Provincial People's Committee;

b) Developing mechanisms, policies and solutions to attract and mobilize resources for investment in construction and development of synchronous urban, new urban areas, policies and solutions for urbanization management, urban management models, encouraging development of public services in the field of urban development; and organizing implementation after being approved by the Provincial People's Committee;

c) Organizing implementation of programs and projects of urban development and investment that are already approved by competent authorities according to the assignment of the Provincial People's Committees (such as urban upgrading programs, urban development programs, projects for Vietnam urban development in response to climate change, national action plans for green growth, projects for urban environmental improvement, projects for capacity increase of urban management, and projects for urban development and investment);

d) Organizing to perform annual assessment and classification of urban according to criteria prescribed by the Government according to assigned functions and missions; appraising the scheme suggesting recognition of grade-V urban in the province to submit the Provincial People's Committee for approval after obtaining consent of the Ministry of Construction;

đ) Guiding and inspecting activities of construction investment, urban development, exploitation and usage of urban construction land under approved planning and plans; organizing to perform management of urban investment and development according to law provisions on management of urban investment and development, the legislation on construction investment and relevant law as assigned by the Provincial People's Committee and guiding order management of urban construction;

e) Organizing activities of investment promotion for urban development; organizing mobilization, exploitation and coordination of domestic and foreign resources for construction investment and development of urban systems in the province as assigned by the Provincial People's Committee;

g) Monitoring, synthesizing, evaluating, and reporting situation of urban development in the province; and organizing establishment and management of the database system, providing information on the status of urban development in the province;

 7. In term of technical infrastructure in urban and industrial parks, economic zones and hi-tech parks, including water supply and drainage in urban and industrial parks; managing normal solid wastage in urban, industrial parks and production establishments of construction materials; urban lighting, green trees in urban; cemetery management (except martyrs' cemetery); infrastructure structure of urban traffic; management of urban underground construction; and management of common use of urban technical infrastructure:

a) Regarding to water supply and drainage in urban areas and industrial parks:

Formulating plans, programs, norms, mechanisms and policies for  development of water supply and drainage and wastewater treatment systems in the province, then submitting them to the competent authorities for approval; guiding and supervising implementation after they are approved.

Formulating, appraising, and consulting the Ministry of Construction and relevant agencies on planning of water supply and drainage in the province under regulation and then submitting to the Provincial People's Committee for approval.

Submitting to the Provincial People's Committee a written text of verification or written  comments on investing to construct water supply and drainage works under the approval competence of the Provincial People's Committee according to regulations; guiding and supervising implementation after they are approved;

Organizing activities of investment promotion, mobilization and exploitation of resources for development of water supply and drainage in the province as assigned by the Provincial People's Committee; guiding and managing implementation of investment projects of work construction, technology models and management models of water supply and drainage systems suitable with characteristics and sizes of urban areas and industrial parks; and guiding management, exploitation and maintenance of water supply and drainage systems in urban areas and industrial parks in the province;

b) Regarding to management of normal solid wastage:

Building plans, programs, norms, mechanisms and policies to encourage investment and management of daily-life solid waste in the province and submitting them to competent authorities for approval; guiding and supervising implementation after they are approved;

Formulating, appraising, and consulting the Ministry of Construction and relevant agencies on planning of solid waste treatment in the province under regulation and then submitting to competent authorities for approval; guiding and inspecting establishment, deployment and management of solid waste treatment planning;

Organizing  establishment and appraisal planning to construct foundation for processing solid waste according to regulations in the province and then submitting them to competent authorities for approval; guiding and checking deployment and implementation;

Organizing activities of investment promotion, mobilization, and exploitation of resources to develop planning and constructing foundation for processing solid waste in the province as assigned by the Provincial People's Committees;

Submitting to the Provincial People's Committee a written text of verification or written  comments on investment projects of constructing foundations for processing solid waste under approval competence of the Provincial People's Committees according to regulations; guiding and supervising implementation after they are approved;

c) Regarding to urban lighting and green trees at urban areas:

Building plans, programs, mechanisms, and policies to encourage development of urban lighting and green trees at urban areas in the province and submitting them to the Provincial People's Committees for approval; guiding implementation after approval.

Formulating and appraising planning of urban lighting in the province and submitting it to the Provincial People's Committee for approval in term of planning under approval competence of the Provincial People's Committee; requesting the Ministry of Construction to provide comments on urban lighting planning in term of planning requiring comments under the law's regulation; guiding and inspecting compliance of law provisions on management of urban lighting and green trees in the province;

Guiding and inspecting compliance of law provisions on urban tree management in the province and organizing to establish and appraise planning of urban green trees under assignment of the Provincial People's Committees.

Staffing the Provincial People's Committees on implementation of issuing licenses for cutting, moving green trees and making list of plants, trees to be preserved, dangerous trees, forbidden trees and limited trees in local urban areas in the province under subdivision.

d) Regarding to cemetery management (except martyrs' cemetery):

Drawing up plans, programs, mechanisms and policies to encourage investment in building cemeteries and cremation establishments in the province and submitting them to competent authorities for approval; guiding and inspecting implementation of the law provisions on planning and activities of building, managing and using cemeteries;

Organizing to set up, appraise and consult the Ministry of Construction and relevant agencies on cemetery planning in the province and submitting it to the Provincial People's Committee for approval under regulation in term of planning under approval competence of the Provincial People's Committee;

Organizing activities of investment promotion, mobilization, and exploitation of resources for participation in fields of construction, management, and usage of cemeteries and cremation establishments as assigned by the Provincial People's Committees;

Submitting to the Provincial People's Committee a written text of verification or written comments on construction investment project of cemetery or cremation facility under approval competence of the Provincial People's Committee according to regulations; guiding and inspecting implementation after approval;

đ) Regarding to infrastructure of urban traffic:

Organizing to set up and appraise planning of urban traffic to submit to the Provincial People's Committees for approval in term of planning under approval competence of the Provincial People's Committee; requesting the Ministry of Construction to provide comments on planning of urban traffic which needs to be consulted in accordance with the law; guiding to set up, appraise and approve planning of urban traffic and contents of urban traffic planning in urban planning projects; checking construction of infrastructures of urban traffic according to urban planning and urban traffic planning already approved by competent authorities; 

e) Regarding to management of urban underground construction:

Building plans, programs, mechanisms and policies to encourage development of urban underground construction and submitting them to competent authorities for approval; guiding and inspecting implementation after approval;

Guiding and inspecting establishment, approval and management of implementing space planning for urban underground construction; submitting them to competent authorities for promulgating regulations on management of construction and exploitation of underground works and underground laying of wires and cables in urban areas; and guiding implementation after being approved; building and managing database on urban underground works;

g) Regarding to management of common use of urban technical infrastructures:

 Guiding and inspecting operation of establishment, appraisal, and approval of urban planning related to defining technical infrastructure works for common use;

Building and submitting to competent authorities for promulgating regulations on common use of urban technical infrastructures in the province; guiding, monitoring and inspecting implementation of law provisions on management and common use of urban technical infrastructures after they are approved;

h) Guiding operations of establishment and management of expenses for technical infrastructure services in the field of state management of the Department; organizing establishment for the Provincial People's Committees to declare or promulgate estimation norms and technical infrastructure services in the province, which have not yet been included in the estimation norms announced by the Ministry of Construction or are already existed but are not suitable with the technical process and specific conditions of the province; staffing and proposing to the Provincial People's Committee on guiding application of norms and unit prices of technical infrastructure services in the province and cost estimates of technical infrastructure services; using local budgets; inspecting and supervising implementation.

i) Setting up and managing database on technical infrastructure:

Making reports on development situation of technical infrastructure, including: actual situation on construction and development; situation of establishment, appraisal and approval of planning and planning development; situation of construction investment and deployment of construction investment projects at technical infrastructure works in the province, price management of services related to technical infrastructure under the field of state management of the Department;

 8. In term of domestic house:

 a) Studying and building to submit to the Provincial People's Committee for consideration and report to the Provincial People's Councils for deciding promulgation of programs and plans of housing development of the province, including programs and plans on housing development in general and targeted programs of the province in term of domestic house support for objectives who are having difficulty with housing in particular; organizing implementation and deployment after they are approved by the competent agencies.

b) Sponsoring and coordinating with the concerned agencies:

Guiding to set up, appraise and approve housing development projects, making appraisal of housing development projects approved or decided to invest by the Provincial People's Committee; implementing to select investors of projects for development of commercial houses and social houses to submit to the Provincial People's Committee for consideration and decision under competence;

Setting up mechanisms and policies on housing development and management suitable to the specific conditions of the province and submitting them to the Provincial People's Committees for consideration and promulgation under competence; urging, guiding and inspecting deployment and implementation after being promulgated by the Provincial People's Committee;

c) Organizing implementation of appraisal for sales prices, leasing, and buying social houses with social housing development projects in the province; setting up the price frame of selling, renting, leasing and buying social houses built by households and individuals, and service prices for management and operation of social houses according to assignment by the Provincial People's Committee;

d) Developing annual and 5-year social development plans that have been constructed by capital resource of local budget or socialization for the Provincial People's Committee to submit  to the Provincial People's Council for consideration and approval; guiding implementation of management and usage capital resources to invest in social housing construction from local budget under law's regulation;

đ) Staffing the Provincial People's Committee on reviewing, adjusting and supplementing land fund reserved for developing social houses in the general planning, zoning planning and detailed urban planning of the province; submitting to the Provincial People's Committee for consideration and decision in recovering land funds under commercial house  development projects and new urban centers which have been assigned to the investors but not implemented or deployed late compared to the approved progress, the 20% land fund reserved for constructing social housing in the development projects of commercial houses and new urban areas but not yet used to assign investors who have demand for investing in construct social houses.

e) Developing and submitting to the Provincial People's Committee for approving development plan of official-duty house funds managed by the province (including the land demand and construction investment capital) according to the regulations on the area standard of official-duty houses issued by the Prime Minister.

g) Developing and submitting to the Provincial People's Committee for regulating and publicizing criteria, subjects and conditions that can buy, rent, and lease social houses, rent official-duty houses and domestic houses under state ownership in the province; promulgating price frame for leasing official-duty houses; price frame for leasing, purchasing and selling state-owned houses corresponding to the actual conditions of the province; organizing performance of the tasks receiving the self-managed house fund of the province for unified management and selling state-owned houses to the current tenants according to the provisions of law;

h) Participating in valuation of house types in the province according to price frame, principles, and valuation methods of various types of houses of the State;

i) Guiding and inspecting implementation of construction standards with dwelling houses and social houses; guiding implementation of classification, sample designs, typical designs, management regulations warranty and maintenance of dwelling houses and social houses in the province;

k) Organizing implementation of the State's law policies on housing development and management; implementing policy of housing support for social beneficiaries under the law's regulations on domestic houses.

1) Summing up and evaluating situation and results of development of dwelling houses and social houses in the province at annually fixed period or under sudden requirement, reporting  the Provincial People's Committee and the Ministry of Construction Ministry for sum up and report to the Vietnamese Government;

m) Organizing surveys, statistics, and periodical assessment of state-owned houses in the province; organizing construction, and management of databases and providing information on state-owned houses in the province;

 9. Regarding to public offices

a) Organizing to set up and appraise planning on development public office system, system of state administrative agencies, head working offices under the State ownership of socio-political organizations and agencies, public cause units in the province to submit to Chairman of the Provincial People's Committee for approval; guiding and checking implementation after being approved by the Provincial People's Committee;

b) Guiding and inspecting implementation of the construction standards of public offices and head working offices; guiding classification, sample designs, typical designs, management and usage regulations warranty and maintenance of public offices and working offices in the province;

c) Coordinating with the Department of Finance to implement changing the purpose of use, purchase, sale, lease or hire public offices and head working offices under state ownership in the province according to the provisions of law;

d) Conducting surveys, statistics, and evaluations on state-owned offices in the province at fixed periods; organizing to set up database and providing information on state-owned offices in the province;

 10. In term of real estate market:

a) Building and submitting to the Provincial People's Committees for promulgation mechanisms and policies for development and management of the real estate market; solutions in order to make transparent transactions and real estate business in the province; organizing implementation after being approved and promulgated by the Provincial People's Committee;

b) Implementing policies and measures to regulate and stabilize the real estate market in the province according to the provisions of law;

 c) Guiding implementation of the law provisions on capability conditions of urban development projects' investors, housing development projects, technical infrastructure projects of industrial parks and investment projects of other real estates in the province; guiding regulations on real estate put into business;

 d) Organizing appraisal, transference dossiers of a part or of the whole new urban area projects, housing development projects or technical infrastructure projects of industrial parks for the Provincial People's Committees to submit to the Prime Minister for decision or the Provincial People's Committee to decide to transfer the project according to its competence; guiding inspection of the provisions of law in activities of buying and selling, leasing and renting houses and construction works in the province;

đ) Inspecting operations of training and fostering knowledge on real estate brokerage, management and administration of real estate trading floors; implementing grant and management of practice certificates on real estate brokerage in the province;

e) Monitoring and summing up situation and organization of building information systems on the real estate market, real estate business, and real estate service business in the province; monthly, quarterly, biannually and annually reporting to the Ministry of Construction for Ministry of Construction to report under the Prime Minister's direction.

 11. In term of construction materials:

a) Organizing to set up and appraise planning for development of construction materials; coordinating to set up planning on exploring, exploiting, processing and using minerals as a common kind of construction materials of the province, corresponding to the general planning for development of national construction materials and the planning for development of main construction materials; coordinating to manage and organize implementation of planning after being approved by the Provincial People's Committee;

b) Coordinating to manage and organize implementation of  planning on exploring, exploiting, processing and using minerals as construction materials and raw materials for cement production; the general planning for development of national construction materials, planning for development of main construction materials that has been approved in the province in accordance with the law's regulation;

c) Participating in appraisal and evaluation operations on: technologies of mining and processing minerals as construction materials and raw materials for cement production; construction materials; and quality of construction materials;

d) Coordinating to organize appraisal of investment projects on exploiting and processing of minerals as construction materials; organizing appraisal of investment projects as materials for cement production as decentralized by the Government and assigned by the Provincial People's Committee;

đ) Coordinating in guiding, inspecting and organizing implementation of technical regulations and regulations on labor safety and sanitation in activities of exploiting and processing minerals as construction materials and raw materials for cement production and construction material production;

e) Guiding law provisions on trading construction materials with organizations and individuals who have been trading construction materials in the province as assigned by the Provincial People's Committee;

g) Inspecting quality of construction materials and goods manufactured, circulated, and put to use in construction works in the province according to the provisions of law;

h) Monitoring and summing up cement production situation of organizations and individuals in the province.

 12. Guiding and inspecting operation of public service organizations in the domains under Department's management; directing operation on implementing autonomy mechanism and self-responsibility with public cause organization under directly Department in accordance with law's regulations;

 13. Staffing the Provincial People's Committees on State management of enterprises, collective and private economic organizations, and guiding and inspecting operations of associations and non-governmental organizations operating in the state management of the Department in the province under the law;

 14. Carrying out international cooperation on management fields of the Department in accordance with the law, the assignment, or authorization of the Provincial People's Committee;

 15. Developing, directing and organizing implementation of  study plans,  application of scientific and technological advances and environmental protection; setting up a system of information and materials in service of the state management and professional operations and professional skills assigned by the Department under the law's regulations.

 16. Providing professional guidance under areas of state management of the Department to the Urban Management Offices, Economic, and Infrastructure Offices under the District People's Committees;

 17. Inspecting and examining organizations and individuals in law implementation under the construction sector, handling under competence or submitting the higher competence authorities to handle violations; settling disputes, complaints and denunciations, implementing prevention and against of corruption and waste in the State management domains of the Department under the law or assigned by the Provincial People's Committees.

 18. Monitoring, summing up and reporting biannually, annually and suddenly on situation of  performing assigned tasks with the Provincial People's Committees, the Ministry of Construction and other competent agencies according to law provisions; implementing regime of general statistical report in the construction industry according to the regulations of the Ministry of Construction and assignment by the Provincial People's Committee;

 19. Defining the functions,  missions, powers and organizational structure of the Office, the Inspectorate, professional bureaus and cause units under directly the Department, in conformity with the functions, missions and powers of Department under the general guidance of the Ministries managing branches, sectors and under regulations of the Provincial People's Committee.

 20. Managing to organize the machine, personnel for public servants, officials,  structure of civil servant ranks,  positions of employment, and structure of officials according to their professional titles and the number of people working in public cause units; implementing salary regime and policies, incentives, training, fostering, rewarding and disciplining of public servants, officials and laborers under the management of the Department according to the provisions of law; as assigned or authorized by the Provincial People's Committee;

 21. Making management the assigned finance and assets and organizing implementation of the state budget allocated under the law and subdivided by the Provincial People's Committee;

 22. Performing other tasks related to state management in the construction industry according to the assignment, decentralization, or authorization of the Provincial People's Committees and under the provisions of law.