Government defines responsibilities of two-level local authorities in construction state management

The government has recently issued Decree No. 140/2025/ND-CP (June 12, 2025, clearly) to define the responsibilities, tasks, and authority of two-level local authorities in the field of state management under the Ministry of Construction. The decree will take effect on July 1, 2025, with some provisions taking retroactive effect from March 1, 2025.

Photo for illustration (Source: nhandan.vn)
Photo for illustration (Source: nhandan.vn)

Clearly defining authority in construction field

Decree 140/2025/ND-CP stipulates that people's committees at the commune level will be responsible for granting construction permits according to Clauses 2 and 3 of Article 103 of the Law on Construction 2014 (amended and supplemented in 2020). District-level people's committees are responsible for approving the temporary construction investment policy as well as inspecting and appraising the project acceptance.

For specialised or regional project management boards, provincial-level people's committees have the authority to approve the establishment and operational organisation, and district-level people's committees are to coordinate the implementation. In addition, the approval of construction investment projects according to Article 121 of Decree 175/2024/ND-CP is also assigned to commune-level people's committees and the project management agency at the commune level.

Housing and real estate business management: Clear authority assignment by level

Commune people's committee are responsible for archiving housing records of domestic households, individuals, and overseas Vietnamese according to the Housing Law 2023. Provincial people's committees are to coordinate with the Ministry of Construction to organise surveys and develop housing development plans, while provincial people's councils will consider and approve planning, capital sources, and locations for social housing development, apartment upgradation, and construction of public housing.

The management of apartment buildings, social housing, and public assets is assigned to different levels, including quality inspection, price appraisal, operation, and use management.

Architecture, urban areas, and technical infrastructure: Responsibilities from planning to management

The decree stipulates that people's committees at all levels are responsible for setting up, appraising, and approving architectural management regulations as well as appraising urban development programs and technical infrastructure development plans.

The fields of water supply and drainage, wastewater treatment, and urban tree management, apartment building technical infrastructure works are also assigned specific authority to ensure consistency in investment, exploitation, and management.

Traffic: Clearly defining management functions

The decree identifies commune people's committees as the road management agencies under district people's committees (Clause 6, Article 2 of the Road Law 2024). The responsibility for inspection, examination and assessment of road traffic safety is assigned to the Department for Roads of Viet Nam, the Department of Construction, commune people's committees, and road management units.

In addition, the management of water recreation facilities, transportation of dangerous goods, and inland waterway activities is also specifically assigned among the levels.

Synchronising terminology, road classification and transitional regulations

The decree stipulates the replacement of some terminology in local government organisation to be consistent with the Law on Local Government Organisation 2024, while classifies roads according to management levels, including national highways and provincial, commune, village, urban area and specialised roads.

The transitional regulations allow the continued use of documents, records and procedures issued or being implemented before July 1, 2025. Any arising issues will be assigned by the chairman of the relevant provincial people's committee to resolve so as ensure work is not disrupted.

Clearly assigning responsibilities at all levels, ensuring effective implementation

The decree stipulates that the Ministry of Construction will preside over and coordinate with relevant ministries and sectors to implement, inspect and supervise. Provincial people's committees are responsible for guiding and inspecting the commune people's committees while promptly reporting and handling arising problems. People's committees at the district and commune levels will fully perform their assigned responsibilities and authorities.

Decree No. 140/2025/ND-CP is expected to create a more unified, clear, and effective legal basis for the organisation and decentralisation of state management of the Ministry of Construction, thus contributing to promoting administrative reform and improving the effectiveness of management and sustainable development of urban areas, housing, and technical infrastructure nationwide.

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