According to regulations, provincial-level People's Committees decentralize and authorize the Department of Construction, Management Boards of industrial parks (IPs), export processing zones, high-tech zones, economic zones, and district-level People's Committees to issue construction permits within their functions and scope of management.
The Ministry of Construction received a document from the Nam Dinh Provincial People's Committee requesting guidance on the authority to issue construction permits for grade III and grade IV projects in industrial parks.
Regarding this issue, the Ministry of Construction responds as follows:
Regarding the authority to issue construction permits, according to the provisions of Clause 2, Clause 3, Article 103 of the 2014 Construction Law, as amended and supplemented in Clause 37, Article 1 of Law No. 62/2020/QH14, "2. Provincial-level People's Committees issue construction permits for projects subject to the requirement for construction permits within the province, excluding projects specified in Clause 3 of this Article.
Provincial-level People's Committees decentralize and authorize the Department of Construction, Management Boards of industrial parks, export processing zones, high-tech zones, economic zones, and district-level People's Committees to issue construction permits within their functions and scope of management" and "3. District-level People's Committees issue construction permits for grade III and grade IV projects and individual houses under their management".
Regarding the state management responsibilities of provincial and district-level People's Committees, at Point a, Clause 1, Article 164 of the 2014 Construction Law, as amended and supplemented at Point a, Clause 64, Article 1 of Law No. 62/2020/QH14, provincial-level People's Committees have the responsibility: "To perform 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 as prescribed by the Government; issue documents within their authority; direct the implementation of construction planning and construction investment plans; be decentralized and authorized to district-level People's Committees,
Management Boards of industrial parks, export processing zones, high-tech zones, and economic zones to organize the formulation, appraisal, and approval of tasks and projects for functional zone construction zoning planning and detailed construction planning; organize guidance, inspection, resolution of complaints and denunciations, and handling of legal violations in construction investment activities".
According to the provisions of Point a, Clause 2, Article 164 of the 2014 Construction Law, district-level People's Committees have the responsibility: "To perform 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 Point a, Point b, Clause 3, Article 52 of Decree No. 35/2022/ND-CP dated May 28, 2022 of the Government on the management of industrial parks and economic zones, provincial-level People's Committees, within their assigned functions, tasks, and powers, have the responsibility:
"a) To perform state management functions regarding sectors, fields, and territorial administration for industrial parks and economic zones.
b) To guide, regulate, and implement the decentralization and authorization to Management Boards of industrial parks and economic zones to perform a number of state management tasks under their authority and that of specialized state management agencies regarding sectors, fields of investment, enterprises, construction, labor, industry, trade, natural resources and environment, science and technology, tourism, and other sectors and fields specified in this Decree and other relevant legal regulations.
The provisions in this Clause shall be implemented based on work requirements, implementation capacity, and conditions and development situation of industrial parks and economic zones in provinces and centrally-run cities".
Therefore, based on the above regulations, it is recommended that the Nam Dinh Department of Construction advise the Provincial People's Committee to consider and clearly decide on the demarcation of the scope of construction investment management of affiliated agencies, serving as a basis for decentralizing the authority to issue construction permits for unified management.
