Chapter 4.
RIGHTS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS
Article 19. Rights and responsibilities of the investor
1. Rights
a) After the time limit stated in the receipt that the licensing agency fails to license or fails to issue written reply, the investor has the rights to construct according to the design documents submitted to the licensing agency, upon met the construction starting conditions specified in Article 72 of the Construction Law and the provisions at Point a, Clause 2 of this Article.
b) Complaints and denunciations for agencies, individuals failing to comply with regulations or having acts of harassment, causing difficulties in the construction permit.
2. Responsibilities:
a) 7 working days before starting construction, the investor must send written notice of the commencement date to the construction licensing agency, and send written notice of the commencement date together with copy of construction permit to the commune-level People's Committee where construction work is made for monitoring implementation. For works exempted from construction permits, the investor must send a copy of the design drawings, comprising: site plan, elevation, main cross section of the work; site plan; base cross section; drawings connecting roads and drainage with infrastructure outside the work fence;
b) Approve the construction measures to ensure the safety to the construction work and adjacent works; and send the written approval to the commune-level People's Committee before starting the construction of works;
c) Organize the implementation of work construction under the construction permit issued;
d) Ensure safety, hygiene and environment in the course of construction of works;
đ) Pay compensation for damage caused by their fault.
Article 20. Responsibility of the agency managing construction planning
Agency managing construction planning as assigned shall:
1. Provides information on detailed planning, urban design (if any) which has been approved, grant planning permit when the investors require.
2. Guide the investors to perform the necessary works for the construction investment works in the areas without approved construction plan.
3. Answer in writing on architecture, planning under the management for the works, when consulted the opinion by the construction licensing agency during the time in accordance with provisions in clause 5 of Article 9 of this Decree.
4. Inspect and recommend with the construction licensing agency for not issuing permits for the works designed failing to comply with planning, architecture approved or propose handling for the construction cases violating construction planning.
Article 21. Responsibility of the construction licensing agency
1. Send officials, civil servants having the suitable capacity, expertise for receiving dossiers, instructing the investors to make dossiers and assume dossiers requesting for construction permits to ensure compliance with the regulations.
2. Publicly list the conditions, administrative procedures, processes, time limit for granting construction permits in the place of receiving dossiers.
3. With people reception schedule and timely settle complaints and denunciations related to the construction permit.
4. Implement the provisions in the construction licensing review process and take responsibility for the contents of the construction permits issued; pay compensation for damages caused by late license, licensing in contravention of the provisions.
5. Collection, management and use of the construction permit granting fee as prescribed.
6. Not to appoint the design organizations, individuals or establish the subordinate design units to perform the design for organizations, individuals applying for construction permits.
Article 22. Responsibilities of the relevant agencies
1. The agencies involved in the process of construction permit issue shall:
a) Send a written reply to the construction licensing agency for the content within the scope of their respective management for a maximum period of 10 days (7 working days for individual houses in rural areas) from the date of receiving written consultation. If beyond the stipulated time limit, but there is no any written reply, it shall be considered as agreed and take responsibility for the content of their respective management;
b) Stop providing according to competence of the services of electricity, water, business activities and other services for the violating construction works, after receiving notice of the agencies that are competent to handle violations;
c) Pay compensation for damage caused by their fault.
2. Rights and obligations of organizations and individuals having rights and interests related to the construction works shall comply with the provisions of the civil law.
Article 23. Responsibility of the construction and consulting organization
1. For design consultation:
a) Monitor the authors to follow the design issued construction permits;
b) Submit to the inspection, handling of violations and pay compensation for damages caused by their own fault.
2. For construction supervision consultant:
a) Monitor the implementation in accordance with the design and content of construction permits which have been issued for the cases required to have construction permits;
b) Monitor the implementation in accordance with the design approved for cases exempted from construction permits;
c) Report the responsible agencies when the investors, contractors construct wrongly compared with the designs and contents of construction permits granted;
d) Pay compensation for damage caused by their fault.
3. For construction contractors:
a) Construct in compliance with the design and contents of the construction permit;
b) Refuse to perform the work construction upon having construction permit for works required to be licensed, or when investors request for wrong construction compared with the design and content of the permit granted;
c) Notify the responsible agency when the investor requires construction not in accordance with the design, content in the permit granted;
d) Pay compensation for damage caused by their fault.
Tìm kiếm
Nghị định 64/2012/NĐ-CP (Bản Word)
Nghị định 64/2012/NĐ-CP (Bản Pdf)