
The government stipulates the division of authority between two levels of local government in the field of construction management.
This Decree stipulates the division of tasks and authority between two tiers of local government in the field of construction management under the Ministry of Construction; the procedures and implementation of the tasks and authority of the provincial and communal-level local governments as defined by this Decree.
The Decree clearly defines the division of authority for the two-tier local government model in the fields of construction activities, housing and real estate business, architecture and urban development, and transportation infrastructure.
Tasks and Authority Related to Building Permits
According to the Decree, the authority to grant construction permits as stipulated in Clauses 2 and 3, Article 103 of the 2014 Law on Construction (amended and supplemented in 2020) shall be exercised by the communal-level People’s Committees.
The authority to approve construction sites as stipulated in Clause 9, Article 53 of the Government’s Decree No. 175/2024/ND-CP dated December 30, 2024, detailing a number of articles and measures for implementing the Law on Construction regarding construction management, shall be exercised by the communal-level People’s Committees.
The procedures, contents, and other relevant matters related to construction permits and construction site approvals shall be implemented in accordance with the 2014 Law on Construction (amended and supplemented in 2020) and the Government’s Decree No. 175/2024/ND-CP dated December 30, 2024.
Tasks and Authority Related to Social Housing
The Decree states that the responsibility for receiving applications to buy, rent, or lease-purchase social housing from resettled persons, checking and confirming their eligibility, and establishing lists of eligible individuals and households as stipulated in Clauses 1, 2, and 3, Article 39 of the Government’s Decree No. 95/2024/ND-CP dated July 24, 2024, shall be carried out by the communal-level People’s Committees.
The responsibility for confirming the subjects in the application form who are named in the Certificate of Land Use Right and Ownership of Assets attached to the land of the provincial-level Department of Natural Resources and Environment’s Land Registration Office/Branch Land Registration Office, as stipulated in Clause 1, Article 29 of the Government’s Decree No. 100/2024/ND-CP dated July 26, 2024, providing details on a number of articles of the Housing Law regarding the development and management of social housing, shall be carried out by the Land Registration Office/Branch Land Registration Office located in the communal-level administrative units or inter-communal, ward areas of the province or centrally-run city where the social housing project is located.
The responsibility for confirming the subjects as stipulated in Clause 10, Article 76 of the Housing Law, which is assigned to the district-level People’s Committees as per Point a, Clause 1 and Point a, Clause 3, Article 37 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Committees.
The responsibility for appraisal and confirmation of subjects, housing conditions, income conditions, and eligibility for preferential loans, which is assigned to the provincial-level Department of Natural Resources and Environment and district-level authorities as per Clause 14, Article 75 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the provincial-level Department of Agriculture and Environment and the communal-level authorities.
The responsibility for publicly announcing information related to social housing investment projects provided by the investors, which is assigned to the district-level People’s Committees as per Point a, Clause 1, Article 38 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Committees where the projects are located.
The responsibility for confirming the subjects as stipulated in Clause 10, Article 76 of the Housing Law of the district-level People’s Committees where land is revoked and houses must be cleared, as per Point c, Clause 1, Article 38 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Committees.
The responsibility for deciding on the source of preferential loans through the Social Policy Bank for the local Housing Development Fund (if any), annual local budget support, bond issuance, housing bonds, and other legal sources according to the law for the district-level budget to implement the local social housing targets and plans, as per Point c, Clause 1, Article 50 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Councils.
The responsibility for establishing a social housing revocation force, with the Chair of the provincial-level or communal-level People’s Committee as the head, in case of authorization by the provincial-level People’s Committee as per Clause 2, Article 55 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the Chair of the communal-level People’s Committee; the members of the revocation force shall include: the Chair or Vice Chair of the provincial-level or communal-level People’s Committee as the head; representatives of specialized agencies under the communal-level People’s Committee with functions of inspection, construction, justice, natural resources, and environment; investors; representatives of the Board of Management; and other members decided by the Chair of the provincial-level or communal-level People’s Committee.
The responsibility for participating in the supervision of the social housing revocation, as stipulated in Clause 5, Article 55 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the Vietnam Fatherland Front Committee at the communal level.
The responsibility for organizing the implementation of the revocation and handling complaints related to the revocation in accordance with the law on complaints, which is assigned to the district-level People’s Committees as per Clause 1, Article 56 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Committees.
The responsibility for approving the revocation plan and budget for the revocation activities, which is assigned to the district-level People’s Committees as per Clause 2, Article 56 of Decree No. 100/2024/ND-CP dated July 26, 2024, shall be carried out by the communal-level People’s Committees.
Responsibilities for State Management of Real Estate Business
The responsibility for implementing state management of the real estate business as stipulated in Clause 5, Article 81 of the 2023 Law on Real Estate Business shall be carried out by the communal-level People’s Committees.
This Decree takes effect from July 1, 2025, and will remain valid until March 1, 2027, except for the following cases:
When a ministry or ministerial-level agency reports to the Government and is approved by the National Assembly to extend the application of this Decree in whole or in part.
Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, and decisions of the Prime Minister stipulating the authority, responsibilities for state management, procedures, and implementation as prescribed in this Decree are passed or issued from July 1, 2025, and take effect before March 1, 2027; in this case, the corresponding provisions in this Decree shall expire at the time these legal documents take effect.
During the validity of this Decree, if there are differences in the stipulations on authority, responsibilities for state management, procedures, and implementation between this Decree and other relevant legal documents, the provisions of this Decree shall apply.
In case the specialized construction agency of the locality has not been delegated with sufficient authority to perform the tasks, when receiving a request from the investor, the delegated agency shall guide the investor to send the dossier to the specialized construction agency before the effective date of this Decree for continued implementation.
The Green City Rises: Thanh Hoa Approves Master Plan for 2,000-Hectare Urban Development Near Tho Xuan Airport
The People’s Committee of Thanh Hoa province has approved the detailed planning proposal for the Lam Son – Sao Vang urban area in Tho Xuan district, as outlined in Decision No. 1703/QD-UBND. This decision paves the way for the development of a vibrant and well-planned urban hub, known as Subdivision No. 02, which will undoubtedly enhance the region’s economic and social landscape.
The Congressional Guide to Overhauling the Machinery of Government Post-Administrative Restructuring
The Standing Committee of the National Assembly has issued detailed guidelines on the organization and operation of the National Assembly delegation and the People’s Councils at all levels following the merger of provinces and the elimination of the district level, as well as the reorganization of communal-level administrative units.
Sun Group Launches Trio of Community Projects in Ha Nam
On June 10, Sun Group commenced the development of three landmark projects in the Sun Urban City Phu Ly township, Ha Nam Province. The projects include an affordable housing initiative for the staff of Bach Mai and Viet Duc Hospitals, a state-of-the-art sports complex south of Vo Nguyen Giap Road, and a high-quality general hospital.