FUNCTIONS, DUTIES AND POWERS
( Issued with Decision No. 003/2025/QD-UBND dated July 10, 2025
of Dak Lak Provincial People's Committee)
I. Location and function
1. The Department of Construction performs the function of advising and assisting the Provincial People's Committee in state management of construction, including: Construction planning and architecture; construction investment activities; urban development; urban and rural technical infrastructure (including: Clean water supply (except rural clean water); drainage and wastewater treatment (except on-site wastewater treatment; drainage for agricultural production, salt production); parks, urban trees; urban lighting; cemeteries (except martyrs' cemeteries) and crematoriums; traffic infrastructure; underground construction space management; management of shared use of urban technical infrastructure works and rural residential areas); housing; offices; real estate market; construction materials; road, railway, inland waterway, maritime transport; traffic safety (excluding the task of testing and granting driving licenses for road motor vehicles).
2. The Department of Construction has legal status, its own seal and account; is subject to the direction and management of the Provincial People's Committee in terms of organization, staffing and work ; and is subject to the direction, guidance and professional inspection of the Ministry of Construction.
II. Duties and powers
1. Submit to the Provincial People's Committee :
a) Draft Resolutions of the Provincial People's Council, draft Decisions of the Provincial People's Committee related to the construction field under the management of the Department and other documents assigned by the Provincial People's Committee ;
b) Draft development plans for the construction industry and field, programs and measures to organize the implementation of tasks related to the construction industry and field in the province within the management scope of the Department;
c) Draft decision specifying the functions, tasks, powers and organizational structure of the Department; draft decision specifying the functions, tasks, powers and organizational structure of the Department's branches (if any);
d) Draft decision on socialization of public service provision activities in the construction sector under the authority of the Provincial People's Committee ;
d) Draft decisions, regulations, planning, plans, projects of the Provincial People's Committee on construction and other documents as assigned by the Provincial People's Committee ;
e) Draft decision on decentralization and delegation of state management tasks on construction according to regulations;
g) Decide on construction investment projects under the decision-making authority of the Provincial People's Committee when decentralized or authorized.
2. Submit to the Chairman of the Provincial People's Committee :
a) Draft documents under the authority of the Provincial People's Committee Chairman to issue as assigned;
b) Decide on the ranking of public service and career units managed by the Department of Construction according to the provisions of law and instructions of competent authorities.
3. Organize the implementation of legal documents, planning, plans, programs, projects and other documents after approval; provide information, propaganda, guidance, dissemination, education, and monitor law enforcement in areas within the assigned state management scope.
4. On urban and rural planning:
a) Guide, inspect and organize the implementation of regulations on the establishment, appraisal and approval of urban and rural planning and urban design according to regulations; guide and inspect the implementation of national technical standards and regulations on urban and rural planning;
b) Organize the preparation, appraisal, and submission to the Provincial People's Committee for approval or advise the Provincial People's Committee to submit to competent authorities for appraisal and approval of urban and rural planning according to the provisions of law;
c) Guide the organization of preparation, appraisal and approval of urban and rural planning in the area according to regulations;
d) Guiding, managing and organizing the implementation of approved urban and rural planning in the area according to decentralization, including: Organizing the announcement and publicization of urban and rural planning; managing records of boundary markers, construction boundaries, construction levels; introducing construction sites and routes of technical infrastructure works; providing information on planning;
d) Building and managing urban and rural planning databases.
5. About architecture:
a) Implement and coordinate with ministries and ministerial-level agencies to organize implementation, monitor, inspect and supervise architectural quality in construction investment projects;
b) Organize the establishment of architectural management regulations according to the decentralization and authorization of the Provincial People's Committee; guide the Commune People's Committee in establishing and appraising urban architectural management regulations under the approval and promulgation authority of the Commune People's Committee ; inspect the implementation of architectural management regulations after they are approved and promulgated by competent authorities; organize periodic or ad hoc review and assessment of the implementation process of architectural management regulations to consider, adjust or propose adjustments to architectural management regulations;
c) Establish and adjust the list of valuable architectural works according to the decentralization and authorization of the Provincial People's Committee ;
d) Grant, adjust, extend, re-grant, and revoke architectural practice certificates; recognize and convert architectural practice certificates for foreigners who have valid architectural practice certificates issued by competent foreign agencies or organizations;
d) Build a database, update, post and provide information on organizations and individuals practicing architecture registered to operate in the area.
6. Regarding construction investment activities:
a) Guiding and inspecting the implementation of legal provisions during the implementation process of construction investment activities, including: Establishing, appraising and approving construction investment projects; surveying and designing construction; granting construction permits; construction, acceptance, warranty and maintenance of construction works; specialized construction testing and construction inspection; safety in construction; construction contracts; managing conditions of construction capacity of organizations and individuals and granting operating licenses to foreign contractors;
b) Appraisal of investment construction feasibility study reports, implementation designs after basic designs of construction investment projects, inspection of construction acceptance work in the area according to regulations;
c) Advise and assist the Provincial People's Committee in managing construction order in the area according to planning, construction design, and construction permits as prescribed;
d) Implement bidding management in construction activities according to the provisions of construction law and bidding law in the area;
d) Advise and assist the Provincial People's Committee in state management of the activities of construction investment project management boards in the area established by the Provincial People's Committee ;
e) Advise and assist the Provincial People's Committee in organizing the implementation of state management tasks on construction quality, safety in construction, and construction maintenance; conduct judicial appraisal in the construction field in the area according to the provisions of law;
g) Guide and inspect the implementation of legal regulations on construction investment cost management in the area; organize the construction and submit to the Provincial People's Committee for promulgation, promulgation or announcement according to decentralization or authorization: promulgation of construction material prices, construction equipment, construction labor unit prices, construction machinery and equipment shift prices, construction machinery and equipment rental prices, construction price indexes, total construction prices, construction investment capital rates within the scope of management (if necessary).
h) Advise and assist the Provincial People's Committee in promulgating economic and technical norms for specific local construction work according to regulations and instructions of the Ministry of Construction;
i) Advise and assist the Provincial People's Committee in developing and promulgating maintenance and repair norms not included in the list of norms promulgated by the Ministry of Construction and specialized construction management ministries according to regulations;
k) Implement the notification of information on construction norms, prices, and construction price indexes monthly, quarterly, or yearly, according to regulations on construction investment cost management to ensure timely response to price fluctuations in the construction market;
l) Grant, adjust and revoke construction operation licenses for foreign contractors operating and constructing in the area according to regulations;
m) Organize examinations, grant, re-grant, adjust, supplement, convert, and revoke construction practice certificates for individuals and operation capacity certificates for organizations according to regulations; guide and inspect the granting, re-granting, adjustment, supplementation, conversion, revocation, and management of construction practice certificates (capacity certificates) in the area;
n) Post, update and provide information on the capacity of organizations and individuals participating in construction activities with headquarters in the area (including foreign contractors operating in construction) according to regulations; integrate this information on the electronic information page managed by the Ministry of Construction;
o) Monitor, inspect, supervise and evaluate overall construction investment activities under the management authority of the Department.
7. On urban development:
a) Advise and assist the Provincial People's Committee in organizing the establishment of various types of urban development programs or appraising urban development programs under its authority; determining urban development areas and implementation plans; determining indicators for the urban development sector in the socio-economic development tasks of the province; organizing the implementation of planning, plans, and programs after approval by competent authorities;
b) Develop mechanisms, policies and solutions to attract and mobilize resources to invest in the construction and development of synchronous urban areas, new urban areas, policies and solutions to manage the urban development process, urban management models, encourage the development of public services in the field of urban development; organize implementation after approval and promulgation by the Provincial People's Committee ;
c) Organize the implementation of urban development investment programs and projects approved by competent authorities according to the assignment of the Provincial People's Committee , including: urban upgrading programs, urban development programs, projects on developing Vietnamese cities to respond to climate change, national action plans on green growth, smart urban development, urban environment improvement projects, urban management capacity enhancement, urban development investment projects and other programs and projects related to urban development;
d) Organize the implementation of annual urban assessment and classification, propose the organization of completion of urban classification criteria for urban areas that have been recognized as urban types; guide and inspect urban type recognition projects submitted to the Provincial People's Committee for submission to competent authorities for recognition of urban types; organize the appraisal of urban type recognition proposal projects and submit them to the Provincial People's Committee for decision on recognition of urban types according to regulations;
d) Guide and inspect construction investment activities, urban development, and urban land exploitation and use according to approved planning and plans; organize the implementation of urban development investment management according to the provisions of law on urban development investment management, law on construction investment and related laws as assigned by the Provincial People's Committee ; guide the management of urban construction order;
e) Organize activities to promote investment in urban development; organize mobilization, exploitation and coordination of domestic and foreign resources for investment in construction and development of urban systems in the area as assigned by the Provincial People's Committee ; exploit, use and advise the Provincial People's Committee to organize the handover of management in urban areas or organize implementation when decentralized or authorized by the Provincial People's Committee ;
g) Monitor, synthesize, evaluate and report on urban development in the province; organize the construction and management of database systems, and provide information on urban development in the area.
8. Regarding technical infrastructure, including: Clean water supply (except for rural clean water); drainage and wastewater treatment (except for on-site wastewater treatment; drainage for agricultural production, salt production); parks, urban trees; urban lighting; cemeteries (except for martyrs' cemeteries) and crematoriums: Urban traffic infrastructure; management of underground urban construction; management of shared use of urban technical infrastructure works:
a) Develop plans, programs, targets and policies for the development of technical infrastructure in the area, submit them to competent authorities for approval; guide and inspect the implementation after approval;
b) Organize the preparation and appraisal according to decentralization and legal regulations on planning in the field of technical infrastructure in the area as prescribed, and submit it to the Provincial People's Committee for approval;
c) Organize investment promotion activities, mobilize and exploit resources to develop technical infrastructure in the area;
d) Guide the work of establishing and managing costs of technical infrastructure services in the assigned state management fields; organize the establishment to submit to the Provincial People's Committee for promulgation or promulgation of economic and technical norms for technical infrastructure services in the area in accordance with the technical process and specific conditions of the locality; advise and propose to the Provincial People's Committee to guide the application or use of methods for determining economic and technical norms; unit prices and prices of technical infrastructure services using local budget funds; inspect and supervise the implementation;
d) Building and managing technical infrastructure database;
e) Guide and inspect the implementation of legal regulations on technical infrastructure in the area.
9. About housing:
a) Submit to the Provincial People's Committee for consideration and approval of the policy of developing or adjusting the province's housing development program and plan and preside over its implementation after approval in accordance with the provisions of law.
b) Give opinions to coordinate the appraisal or preside over the appraisal of dossiers requesting approval of investment policies for housing construction investment projects approved by the Provincial People's Committee in accordance with the provisions of the investment law and housing law; select investors for housing development projects in accordance with the provisions of the housing law to submit to the Provincial People's Committee for consideration and decision according to its authority;
c) Advise the Provincial People's Committee to approve the transfer of all or part of a real estate project in accordance with the provisions of the law on real estate business. Guide the implementation of legal provisions for project investors in accordance with the provisions of the law on real estate business. Inspect training activities, foster knowledge on real estate brokerage, management and operation of real estate trading floors; issue and manage real estate brokerage practice certificates in the area in accordance with the provisions of law;
d) Develop and submit to the Provincial People's Committee for promulgation a price framework for renting public housing; a price framework for renting, hire-purchasing and selling public housing assets in accordance with the actual conditions of the province; organize the implementation of tasks on receiving self-managed housing funds of the Central and the province to unify management and implement the sale of public housing assets to tenants in accordance with the provisions of law;
d) Participate in pricing all types of houses in the area according to the price framework, principles and methods of pricing all types of houses of the State;
e) Guiding and inspecting the implementation of housing and social housing construction standards; guiding the implementation of classification, sample design, typical design, management and usage regulations, warranty and maintenance regimes of housing and social housing in the area;
g) Organize the implementation of the State's legal policies on the development and management of social housing in accordance with the provisions of the law on housing, including the implementation of housing support policies for social subjects;
h) Synthesize and evaluate the situation and results of housing and social housing development in the area periodically every year or upon request, report to the Provincial People's Committee and the Ministry of Construction for synthesis and reporting to the Government;
i) Organize periodic investigation, statistics and assessment of state-owned housing in the area;
k) Organize the construction, management of databases and provision of information on state-owned housing in the area ;
l) Preside over and advise the Provincial People's Committee to organize and implement state management work in the housing sector in the area according to the provisions of the housing law and perform other assigned tasks to preside over or coordinate according to the provisions of the housing law ;
m) Organize the appraisal of investment policy approval/investment policy adjustment documents at the same time as approving investors as investors for projects to renovate and rebuild apartment buildings not using public investment capital.
10. About the real estate market:
a) Develop and submit to the Provincial People's Committee for promulgation mechanisms, policies, and legal documents on development and management of real estate business and real estate market under the authority of the Provincial People's Committee ; solutions and measures to publicize and make transparent real estate business activities and real estate market in the area; organize implementation after promulgation and approval by the Provincial People's Committee ;
b) Preside over and coordinate with relevant Departments, branches, agencies and units to research, develop, advise and propose to competent authorities measures and solutions to regulate the real estate market and preside over the organization and implementation of measures and solutions to regulate the real estate market in the area according to the provisions of law;
c) Guiding the implementation of legal regulations on capacity conditions of investors in housing development projects, industrial park technical infrastructure projects and other real estate business investment projects in the area; guiding regulations on real estate put into business;
d) Organize the appraisal of dossiers for transferring part or all of new urban area projects, housing development projects, and industrial park technical infrastructure projects so that the Provincial People's Committee can submit them to the Prime Minister for decision or the Provincial People's Committee can decide to allow the transfer of projects according to its authority; guide the inspection of legal regulations in the activities of buying, selling, leasing, and hire-purchasing houses and construction works in the area;
d) Inspect training activities, foster knowledge about real estate brokerage, management and operation of real estate trading floors; issue and manage real estate brokerage practice certificates in the area;
e) Preside over and coordinate with relevant Departments, branches, agencies and units in building, managing, operating and updating information on the housing and real estate market information system according to regulations; publish information on housing and real estate market in the area quarterly and annually according to regulations ;
g) Preside over and advise the Provincial People's Committee to organize and implement state management of real estate business in the area according to the provisions of the law on real estate business ;
h) Organize the appraisal of dossiers announcing eligibility to mobilize capital through capital contribution, investment cooperation, business cooperation, joint ventures, and associations of organizations and individuals to develop housing ;
i) Organize appraisal of dossiers on transfer of land use rights with technical infrastructure in real estate projects for individuals to build their own houses according to regulations of real estate business law.
11. About construction materials:
a) Advise and assist the Provincial People's Committee in establishing, appraising, approving and managing the implementation of local construction materials development programs and plans; plans for exploration, exploitation and use of minerals as common local construction materials in the provincial planning;
b) Manage and organize the implementation of approved group II mineral planning (currently planning for exploration, exploitation, processing and use of minerals as construction materials) in the area according to the provisions of law;
c) Give opinions on appraisal of investment projects for construction of construction material production facilities in the area according to regulations;
d) Guiding appraisal and assessment activities on: Technology for mining and processing of Group II minerals (currently minerals for construction materials and minerals for cement); technology for manufacturing construction materials; quality of construction material products;
d) Guide, inspect and organize the implementation of technical standards and regulations on occupational safety and hygiene in the following activities: Exploitation and processing of Group II minerals (currently minerals used for construction materials and minerals used for cement); production of construction materials;
e) Provide guidance on legal regulations on construction materials trading to organizations and individuals trading in construction materials in the area as assigned by the Provincial People's Committee ;
g) Advise and assist the Provincial People's Committee in managing the quality of construction materials and products in the area according to regulations;
h) Monitor and synthesize the investment situation in exploitation and processing of Group II minerals (currently minerals for construction materials and minerals for cement), and the situation of construction material production of organizations and individuals in the area;
i) Develop and organize the implementation of projects, programs and plans to encourage, support and promote the development of construction and transportation mechanical products in the province within the management scope of the Department.
12. Regarding transport infrastructure:
a) Organize the implementation of tasks and powers of investment decision-making agencies, investors, and specialized construction agencies for transport infrastructure construction investment projects within the scope of management or decentralized and authorized according to the provisions of law;
b) Organize the management, maintenance, and assurance of technical standards and regulations for local road, railway, and inland waterway works in operation within the scope of management or as decentralized or authorized according to the provisions of law;
c) Organize the management, operation, exploitation, maintenance and protection of traffic infrastructure in the area according to the provisions of law;
d) Submit to the Provincial People's Committee for decision or decide according to its authority on the management of construction infrastructure within the scope of tasks and powers of the Department as prescribed by law;
d) Preside over and coordinate with relevant agencies to advise and assist the Chairman of the Provincial People's Committee in deciding on the classification and adjustment of the provincial road system, urban roads, other roads and announcing the load capacity and size limits of bridges and roads under its management authority according to the provisions of law;
e) Submit to the Provincial People's Committee for agreement or agreement within its authority on contents related to inland waterways for works not belonging to inland waterway infrastructure and activities on inland waterways; grant construction permits on roads and inland waterways in operation managed by the locality or decentralized and authorized according to the provisions of law;
g) Organize the implementation of state management tasks and powers at bus stations, parking lots, railway stations, rest stops, ports, and inland waterway wharves on roads and inland waterways managed by the locality or decentralized or authorized according to the provisions of law ;
h) Submit to the Provincial People's Committee for decision to put the ship dismantling facility into operation, decide to re-put the ship dismantling facility into operation, decide to stop, immediately stop the operation of the ship dismantling facility, approve the ship dismantling plan and issue a License to import used ships for dismantling according to regulations within the scope of management ;
i) Submit to the Provincial People's Committee to carry out procedures for renaming dry ports according to regulations within the scope of management.
13. Regarding vehicles and drivers of means of transport, means and equipment for loading and unloading, specialized construction in transport (except vehicles serving national defense and security purposes and fishing vessels; except for the task of testing and granting driving licenses for road motor vehicles) and specialized construction technical equipment and devices
a) Organize the implementation of technical safety and environmental protection inspections for road and inland waterway vehicles in the locality or as assigned according to the provisions of law;
b) Appraisal of technical designs in repair and conversion of means of transport, means, loading and unloading equipment, specialized construction in road and inland waterway transport in the locality or as decentralized according to the provisions of law;
c) Organize and be responsible for training, testing, granting, changing, and revoking licenses, certificates, and diplomas within the scope of management or as decentralized or authorized according to the provisions of law ;
d) Submit to the Provincial People's Committee to grant, re-grant, and revoke Certificates of eligibility for facilities to conduct business in training services for crew members and drivers of inland waterway vehicles of type 3 or higher according to regulations within the scope of management.
14. About transportation:
a) Preside over or coordinate with relevant agencies to implement policies on developing public passenger transport according to regulations of the Provincial People's Committee ;
b) Organize the management of transportation activities and support services for road, inland waterway, and railway transportation in the province according to the provisions of law;
c) Guide, inspect the construction and announcement of bus stations, taxi parking lots, pick-up and drop-off points in the area according to approved planning.
15. On traffic safety:
a) Preside over or coordinate with relevant agencies to carry out incident and disaster response work and search and rescue on roads, railways, inland waterways, maritime, aviation, and handle traffic accidents occurring in the area according to the provisions of law and assignment of the Provincial People's Committee ;
b) Organize the implementation of preventive measures to minimize traffic accidents and traffic congestion; prevent and handle acts that cause traffic insecurity in the area according to authority and regulations of law;
c) Traffic safety assessment within the scope of management or decentralized and authorized according to the provisions of law;
d) Preside over or coordinate with the Provincial People's Committee to submit to the Provincial People's Committee the organization of traffic on the road and inland waterway systems under its management according to the provisions of law;
d) Preside over or coordinate the handling of sudden incidents at traffic accident sites and potential traffic accident sites, ensuring traffic on the road and inland waterway systems within the scope of management or assigned or authorized according to the provisions of law;
e) Granting circulation permits for road motor vehicles under management or decentralized according to law provisions ;
g) Submit to the Provincial People 's Committee to organize the issuance of licenses to import maritime flares according to regulations on conditions for providing maritime safety assurance services as prescribed within the scope of management ;
h) Submit to the Provincial People's Committee for approval of the submarine operating area; approve the plan to put the submarine into operation and terminate the submarine operation in accordance with regulations.
16. Manage according to the provisions of law for enterprises, collective economic organizations, private economic organizations, associations and non-governmental organizations within the scope of management of the Department.
17. Carry out international cooperation in the field of management of the Department according to the provisions of law.
18. Organize research, application of scientific and technological advances, innovation and digital transformation; build information and storage systems to serve state management and professional work.
19. Provide professional and technical guidance in the field of management of the Department to specialized agencies under the People's Committees at the commune level.
20. Carry out the work of entering, updating and adjusting information in the information system and national database on construction activities according to regulations; carry out the work of synthesizing, informing, and periodically and suddenly reporting on the implementation of assigned tasks to the Provincial People's Committee , the Ministry of Construction and other competent authorities according to regulations.
21. Stipulate the functions, tasks and powers of the Office and professional departments under the Department in accordance with the functions, tasks and powers of the Department according to the guidance in Circular No. 10/2025/TT-BXD dated June 14, 2025 of the Minister of Construction guiding the functions, tasks and powers of specialized agencies under the People's Committees of provinces and centrally run cities and the People's Committees of communes, wards and special zones under provinces and centrally run cities in the field of construction and according to the regulations of the Provincial People's Committee .
22. Manage the organizational structure, civil servant payroll, civil servant ranks and ranks, job positions, staff structure according to professional titles and the number of employees in public service units; implement salary regimes and policies, treatment regimes, training, fostering, rewards, and discipline for civil servants, public employees and workers under the scope of management according to the provisions of law.
23. Manage and be responsible for assigned finances and assets according to the provisions of law.
24. Organize and be responsible for appraisal, registration, licensing, diplomas and certificates within the scope of management responsibility of the Department according to the provisions of law.
25. Manage the operations of public and non-public career units within the scope of management of the Department.
26. Inspect the implementation of legal regulations on the construction sector for organizations and individuals; receive citizens, resolve complaints and denunciations, prevent and combat corruption, waste and negativity according to the provisions of law.
27. Perform other tasks as assigned, delegated or authorized by the Provincial People's Committee , the Chairman of the Provincial People's Committee and as prescribed by law./.