According to regulations, the Provincial People's Committee decentralizes and authorizes the Department of Construction, the Management Board of industrial parks (IZs), export processing zones, high-tech zones, economic zones, and district-level People's Committees to issue construction permits under their functions. functions and scope of management of this agency.
The Ministry of Construction received a document from the People's Committee of Nam Dinh province requesting guidance on the authority to issue construction permits for level III and level IV works in the industrial park.
In this regard, the Ministry of Construction replied as follows:
Regarding the authority to grant construction permits, according to the provisions of Clauses 2 and 3, Article 103 of the 2014 Construction Law, amended and supplemented in Clause 37, Article 1 of Law No. 62/2020/QH14, "2. The Provincial People's Committee issues construction permits for works that require a construction permit in the province, except for works specified in Clause 3 of this Article.
The Provincial People's Committee decentralizes and authorizes the Department of Construction, Management Board of Industrial Parks, Export Processing Zones, High-Tech Parks, Economic Zones, and District People's Committees to issue construction permits within the functions and scope of management of the agency. this” and “3. District-level People's Committees issue construction permits for level III, level IV works and individual houses in the area under their management.
Regarding the State management responsibilities of the Provincial and District People's Committees, at Point a, Clause 1, Article 164 of the 2014 Construction Law, amended and supplemented at Point a, Clause 64, Article 1 of Law No. 62/2020/QH14, the People's Committee issues The province is responsible for: "Implementing State management of construction investment activities according to the Government's decentralization; manage construction order in the area according to planning, construction design and construction permits according to Government regulations; issue documents according to authority; Direct and organize the implementation of construction planning and construction investment plans; Decentralized and authorized to the district-level People's Committee,
The Management Board of industrial parks, export processing zones, high-tech zones, and economic zones organizes the preparation, appraisal, and approval of tasks and plans for construction zoning and detailed planning for construction of functional areas; Organize guidance, inspection, settlement of complaints and denunciations, and handle violations of law in construction investment activities.
According to the provisions of Point a, Clause 2, Article 164 of the Construction Law 2014, the district-level People's Committee is responsible for: "Implementing State management of construction investment activities in the area according to decentralization; Organize training and professional development on construction investment for officials and civil servants of affiliated agencies and units.
At Points a and b, Clause 3, Article 52 of Decree No. 35/2022/ND-CP dated May 28, 5 of the Government regulating the management of industrial parks and economic zones, the Provincial People's Committee within the scope of functions and responsibilities Assigned duties and powers are responsible for:
“a) Carry out the function of State management of industries, fields and territorial administration of industrial parks and economic zones.
b) Guide, regulate, and implement the decentralization and authorization of the Industrial Park and Economic Zone Management Board to perform a number of State management tasks under its authority and that of specialized State management agencies. by industry, investment field, enterprise, construction, labor, industry, trade, natural resources and environment, science and technology, tourism and other industries and fields specified in this Decree and other relevant legal provisions.
The provisions in this Clause are implemented on the basis of work requirements, implementation ability and conditions and development situation of industrial parks and economic zones in the province and centrally run city.
Therefore, based on the above regulations, it is recommended that the Department of Construction of Nam Dinh province advise the Provincial People's Committee to consider and decide clearly on the delineation of the scope of management of construction investment of affiliated agencies. , as a basis for decentralizing authority to issue construction permits to unify management.
