Nghị định 17/2008/NĐ-CP của Chính phủ về việc quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Xây dựng

DECREE

DEFINING THE FUNCTIONS, TASKS. POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the M inister of Construction and the Minister of Home Affairs,

DECREES:

Article 1. Position and functions

The Ministry of Construction is a govemmental agency which performs the function of state management of construction; construction planning: technical infrastructure in urban centers, industrial parks, economic zones and hi-tech parks: urban development: dwelling houses and office buildings; real estate business: and construction materials and performs the state management of public services in the domains falling under its state management in accordance with law.

Article 2. Tasks and powers

The Ministry of Construction shall perform the tasks and exercise the powers prescribed in the Governments Decree No. 178/2007/ND-CP of December 3, 2007. defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit to the Government draft laws and ordinances; draft resolutions and decrees of the Government according to its approved annual legislative programs as well as draft schemes and legal documents as assigned by the Government.

2. To submit to the Government long-term, five-year and annual development strategies, plannings and plans and national programs and projects in the domains under its state management: draft decisions and directives of the Prime Minister.

3. To promulgate decisions, directives and circulars under its state management; to formulate for submission to competent authorities for promulgation or to promulgate according to its competence a system of national standards and technical regulations in the domains falling under its state management.

4. To direct, guide, inspect, examine and take responsibility for organizing the implementation of approved legal documents, strategies, plannings and plans falling within the scope of its state management; to conduct law dissemination and education and provide public information relating the domains falling under its state management.

5. Regarding construction:

a/ To guide and examine the implementation of legal provisions in the domain of construction, covering the stages of formulation and management of the implementation of work construction investment projects, survey, designing, construction, take-over test (both qualitative and quantitative), handover, warranty and maintenance of construction works;

b/ To guide and examine tiie grant, renewal, modification and withdrawal of work construction permits in accordance with law;

c/ To guide and examine the implementation of legal documents on qualification conditions on construction practice of individuals and qualification conditions on construction operation of organizations engaged in construction activities, including: formulation of work construction investment projects: construction survey and designing; work construction: construction supervision; management of construction expenses, and management of work construction investment projects;

d/ To guide and examine the grant and management of construction practice certificates in accordance with law;

dd/ To guide and examine the selection of construction contractors in accordance with the Construction Law and bidding law;

e/ To guide and examine the grant of permits to foreign contractors to carry out construction activities in Vietnam and the withdrawal of these permits: to grant contract permits to and withdraw these permits from institutional foreign contractors undertaking bidding packages under group-A projects and other bidding packages covering two or more provinces:

f/ To guide and examine the implementation of the Regulation on hiring foreign consultants in construction activities in Vietnam;

g/ To guide and examine the management of construction work quality in the stages of survey, designing, construction, take-over test, handover, warrant;, and maintenance of construction works; to guide the evaluation of construction work quality and carry out state evaluation of . construction work quality as decentralized by the Government or assigned by the Prime Minister.

h/ To announce construction norms, investment capital ratios, and the construction price index and methods for determining the construction price index; to guide and inspect the estimation and management of work construction investment expenditures, including total investment capital for work construction, work construction cost estimates, construction norms and work construction prices, methods of singling out and measuring work volumes and methods of determining construction machine and equipment shift prices:

i/ To guide and examine the implementation of legal provisions on contracts in construction activities:

k/ To guide and examine the implementation of regulations on handover, submission and archival of dossiers and documents on construction survey and construction designing and dossiers and documents on completion of construction works in accordance with law:

l/ To appraise work construction investment projects as decentralized and technical designs and work construction cost estimates as assigned by the Government; to guide and inspect the appraisal of work construction investment projects, technical designs, construction drawing designs and construction cost estimates in accordance with regulations on management of work construction investment projects:

m/ To direct, guide and examine the implementation of important construction investment projects and national key projects in accordance with the Governments regulations; to perform tasks and exercise powers of the investor of important construction investment projects and national key projects as assigned bv the Prime Minister.

6. Regarding architecture and construction planning (covering: regional construction plantrings, urban construction planning, plannings on construction of rural residential quarters, plannings on construction of industrial parks, economic zones and hi-tech parks and plannings on construction of important international border gates):

a/ To set forth orientations for development of Vietnamese architecture in each period and direct the implementation of these orientations after they are approved by the Prime Minister:

b/ To formulate and submit to competent authorities for promulgation or to promulgate according to its competence standards and technical regulations on architecture and construction plannings and regulations on formulation, appraisal and approval of construction planning schemes: to guide and inspect the implementation thereof;

c/ To guide and examine the implementation of the Regulation on management of urban architecture;

d/ To formulate, reach agreement and submit to the Prime Minister for approval specific construction planning schemes as assigned by the Government; to direct the implementation of these schemes after they are approved by the Prime Minister;

dd/ To appraise or negotiate with competent authorities for the latter to approve construction planning schemes as decentralized;

e/ To guide and examine the implementation of legal provisions on qualification conditions for individuals and organizations to participate in elaborating construction plannings:

g/ To guide and examine the grant and management of architects practice certificates.

7. Regarding technical infrastructure in urban centers, industrial parks, economic zones and hi-tech parks, covering urban traffic infrastructure: water supply and drainage: wastewater treatment, lighting, greenery, cemeteries and garbage landfills in urban centers, industrial parks, economic zones and hi-tech parks (collectively referred to as technical infrastructure):

a/ To direct the implementation of orientations, strategies and national programs and projects on development of technical infrastructure and criteria on technical infrastructure included in national socio-economic development tasks in each period after they are approved by the Prime Minister:

b/ To formulate and submit to competent authorities for promulgation or to promulgate according to its competence standards and technical regulations on technical infrastructure and regulations on the elaboration, appraisal and approval of technical infrastructure planning schemes; to guide and inspect the implementation thereof;

c/ To direct, guide and examine the implementation of mechanisms and policies on development and management of technical infrastructure services; to guide the estimation and management of expenses for the provision of technical infrastructure services;

d/ To formulate, appraise and submit to the Prime Minister for approval or to approve under the Prime Ministers authorization technical infrastructure plannings assigned by the Government: to direct the implementation of these plannings after they are approved:

dd/ To appraise or reach agreement with competent authorities for the latter to approve technical infrastructure plannings as decentralized.

8. Regarding urban development

a/ To direct trie implementation of master strategies and plannings on development of a system of national urban centers and national key projects on urban development after they are approved by the Prime Minister:

b/To direct, guide and examine the implemen-tation of mechanisms and policies on and solutions to investment in the coordinated construction and development of urban centers and policies and solutions for management of the urbanization process and urban management models;

c/ To formulate criteria for evaluation and classification of urban centers in each period in conformity with national development; to guide, inspect and organize the annual evaluation and classification of urban centers according tocriteria prescribed by the Government; to decide on the recognition of urban center grades under the Governments decentralization:

d/ To direct, guide and examine investment in urban construction and development according to plannings; to guide and examine the implementation of the Regulation on new urban centers; to guide the management of urban construction order:

dd/ To guide and examine the use of urban construction land according to approved urban construction plannings:

e/ To promote investment in urban construction and development: to mobilize, tap and regulate domestic and foreign resources for investment in the construction and development of a system of national urban centers as assigned by the Government:

g/ To organize the formulation and management of a database and supply information on urban development.

9. Regarding dwelling houses and office buildings;

a/ To set forth orientations for housing development for each 10-year period and national five-year plans on development of dwelling houses, dwelling house development indicators and plans on development of social dwelling houses in socio-economic development tasks in each period: to direct the implementation thereof after obtaining the Prime Ministers approval:

b/ To guide and examine provincial/municipal Peoples Committees in formulating local housing development programs, housing development indicators and plans on development of social houses in local socio-economic development tasks in each period:

c/ To assume the prime responsibility for, and coordinate with concerned agencies in, elaborating and appraising plannings on development of office buildings of state administrative agencies and state-owned head offices of agencies, socio-political organizations and central public non-business units: to organize the implementation of these plannings after they are approved by the Prime Minister:

d/ To guide and examine provincial/municipal Peoples Committees in elaborating plannings on development of office buildings of state administrative agencies and state-owned working offices of local agencies, socio-economic organizations and public non-business units:

dd/ To elaborate and submit to competent authorities for promulgation or promulgate according to its competence standards on construction of duelling houses, office buildings and head offices: to promulgate regulations on classification criteria, model designs, typical designs and regulations on management, use, warranty and maintenance of dwelling houses, office buildings and head offices from the central to local levels:

e/ To assume the prime responsibility for, and coordinate uur the Ministn of Finance in, elaborating and submitting to the Prime Minister for promulgation criteria on the use of public houses, rent brackets for public dwelling houses and rent brackets and purchase price brackets for social houses in each period suitable to national socio-economic development conditions: to guide and inspect the implementation:

g/ To assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment in. elaborating criteria on dwelling house survey, statistics and evaluation; to direct and guide the periodical survey, statistics and evaluation of dwelling houses: to guide the formulation and management of a database and supply information on state-owned dwelling houses, office buildings and working offices; to synthesize and, once every five years, publicize information on dwelling houses nationwide:

h/ To guide and examine the grant of dwelling house ownership certificates and construction work ownership certificates in accordance with law.

10. Regarding real estate business:

a/ To direct the implementation of strategies and policies on dev elopment and management of the real estate market after they are approved by the Prime Minister:

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial/municipal Peoples Committees in, managing real estate business activities;

c/ To guide regulations on real estate permitted for business;

d/ To guide and examine the implementation of legal provisions on conditions on capabilities of investors of projects in new urban centers, residential quarters and technical infrastructure of industrial parks:

dd/ To guide and examine the implementation of legal provisions on sale and purchase of houses, construction works and transfer of projects on new urban centers, residential quarters and technical infrastructure in industrial parks;

e/ To promulgate framework programs on training and retraining in real estate brokerage and valuation, management and administration of real estate exchange: to promulgate forms of real estate brokerage certificate and real estate valuation certificate; to guide and inspect the grant and management of real estate brokerage certificate and real estate valuation certificate;

g/ To build, and manage the operation of, a system of information on the real estate market and real estate business activities.

11. Regarding construction materials:

a/ To direct, guide and inspect the implemen-tation of the national master planning on development of construction materials, regional plannings on development of construction materials, plannings on cement industry develop-ment and national programs on construction materials after they are approved by the Prime Minister;

b/ To elaborate, approve and direct, guide and examine the implementation of plannings on development of walling and flooring materials, construction glass and sanitary porcelain:

c/ To guide and examine the elaboration, appraisal, approval and management of local plannings on development of construction materials by provincial/municipal Peoples Committees:

d/ To direct, guide and examine the implemen-tation of plannings on the exploration, exploitation and processing of minerals for use as construction materials or materials for cement production after they are approved by the Prime Minister:

dd/ To guide the appraisal and assessment of technologies for the exploitation and processing of minerals for use as construction materials and materials for cement production; technologies for the production of construction materials: and the quality of construction materials;

e/ To appraise investment projects on exploitation and processing of minerals for use as construction materials and materials for cement production and construction investment projects in the construction material industry under the Governments decentralization;

g/ To direct the implementation of technical regulations and regulations on labor safety and sanitation in the exploitation and processing of minerals for use as construction materials or materials for cement production; and the production of construction materials;

h/ To promulgate a list of, and conditions and criteria on, construction materials permitted for export, restricted from export and subject to conditional business; to guide and inspect the implementation thereof.

12. Regarding construction technical safety:

a/ To guide and inspect the assurance of technical safety in the construction service;

b/ To propose a list of machines, equipment and supplies with strict safety requirements in the construction service to the Ministry of Labor, War Invalids and Social Affairs for promulgation;

c/ To promulgate a process of verification of machines and equipment with strict safety requirements in domains falling under its state management after obtaining appraisal opinions of the Ministry of Labor, War Invalids and Social Affairs;

d/ To formulate and promulgate criteria and technical conditions on verification organizations conducting the verification of machines and equipment with strict safety requirements in the domains under its state management after obtaining appraisal opinions of the Ministn of Labor. War Invalids and Social Affairs;

dd/ To guide and inspect the implementation of legal provisions on safety of machines, equipment and supplies with strict requirements on labor safety under its state management.

13. Regarding environmental protection:

a/ To direct and guide the integration of environmental protection plannings. plans and programs into development strategies, plannings. plans and programs in the domains falling under its state management;

b/ To study and propose the promulgation or amendment and supplementation of environmental standards^ to formulate and promulgate according to its competence technical regulations on environment quality and environmental waste in the domains falling under its suite management:

c/ To direct and guide the elaboration of strategic environmental assessment reports and environmental impact assessment reports: to evaluate environmental impact assessment reports according to its competence, observe environmental impacts of activities in various branches and domains and elaborate reports on environmental impacts exerted by various branches and domains: to manage and control waste, noise, vibration, light and radiation; to prevent and respond to environmental incidents, remedy environmental pollution and rehabilitate the environment in the domains falling under its state management in accordance with laws:

d/ To monitor and inspect the implementation of the law on environmental protection in the domains falling under its state management.

14. To enter into international cooperation in the domains falling under its suite management as prescribed by law.

15. To elaborate, and organize the implementation of. strategies on scientific and technological development in the construction service; to organize and direct scientific research and application of scientific and technological advances in the domains falling under its state management.

16. To elaborate, and organize the implemen-tation of. a strategy on training and development of construction human resources; to coordinate with the Ministry of Education and Training and the Ministry of Labor. War Invalids and Social Affairs in elaborating programs on training architects, engineers and other construction professionals: to elaborate programs and provide professional training to cadres, civil sen ants and employees of the construction service; to elaborate programs and provide urban management training to cadres of urban administrations.

17. To decide on and direct the implementation of its administrative reform program according to the objectives and contents of the state administrative reform approved by the Prime Minister.

18. Regarding the exercise of the rights of representing the owner of state capital invested in enterprises under its state management:

a/ To elaborate a scheme on reorganization and ownership transformation of state enteiprises under its state management for submission to the Prime Minister for approval and direct the implementation of the scheme after its is approved;

b/ To propose to the Prime Minister for appointment or appoint according to its competence leading and managing officials and chief accountants of unequitized state companies or state enterprises of which the rights of representing the owner of the state capital have not yet been transferred to the State Capital Investment Corporation;

c/ To propose the Prime Minister to approve or approve according to its competence organization and operation charters of unequitized state companies or state enteiprises of which the rights of representing the owner of the state capital have not yet been transferred to the State Capital Investment Corporation;

d/ To appoint representatives of state capital portions at state enterprises attached to the Ministry when they are transformed into joint-stock companies.

19. To decide on specific guidelines and measures and direct the implementation of mechanisms applicable to the operation of public service organizations under its management in accordance with law; to manage and direct the operation of non-business organizations under its management in accordance with law.

20. To perform the state management of enterprises and cooperatives of all economic sectors operating in the domains falling under its state management in accordance with law.

21. To guide, facilitate and examine the operation of associations and non-governmental organizations operating in the domains falling under its state management in accordance with laws; to collect recommendations and feedback of concerned associations and non-governmental organizations in order to complete mechanisms and policies under its state management when necessary.

22. To inspect, examine, settle complaints and denunciations, fight corrupt and negative acts and handle illecai acts in the domains railing under its state management.

23. Regarding management of public employees and civil servants ranks of the construction service:

a/ To perform tasks and exercise powers regarding the management of public employees and civil servants ranks as prescribed by law;

b/ To promulgate standards and professional criteria applicable to civil servants of different ranks in its assigned branches or domains after obtaining appraisal opinions of the Ministry of Home Affairs: to elaborate and submit to the Ministry of Home Affairs standards and professional criteria applicable to public employees of different ranks in its assigned branches for approval and promulgation: to promulgate specific professional criteria of heads of agencies that are attached to provincial/ municipal Peoples Committees, and specialized in the branches or domains under its management.

24. To manage its organizational apparatus and payroll; to direct the implementation of salary regulations and regulations and policies on preferential treatment, commendation and disciplining and other policies towards cadres, public employees and civil servants under its management.

25. To formulate its annual budget estimates; to coordinate with the Ministry of finance in formulating and synthesizing budget revenue and expenditure estimates according to branches and domains under its state management for the Government to submit them to the National Assembly; to organize the implementation and settlement of the state budget: to perform other tasks related to state budget, finance and assets in accordance with law.

26. To perform other tasks as assigned or authorized by the Government or the Prime Minister.

Article 3. Organizational structure of the Ministry

1. The Architecture and Construction Planning Department;

2. The Construction Activities Management Department;

3. The Construction Materials Department;

4. The Construction Economics Department;

5. The Science, Technology and Environment Department;

6. The Planning and Finance Department;

7. The Legal Department;

8. The International Cooperation Department;

9. The Organization and Personnel Department;

10. The Inspectorate;

11. The Office:

12. The Department of State Appraisal of Construction Work Quality;

13. The Department of House and Real Estate Market Management;

14. The Technical Infrastructure Department;

15. The Urban Development Department;

16. The Representative Agency in Ho Chi Minh City;

17. The Architecture and Urban and Rural Planning Institute:

18. The Construction Economics Institute:

19. The Construction Science and Technology institute:

20. The Construction and Urban Managers Academy;

21. The Information Center;

22. The Construction newspaper:

23. The Construction journal.

The units specified in Clauses 1 thru 16 of this Article are organizations assisting the Minister in performing the state management functions and the units specified in Clauses 17 thru 23 are state nonbusiness units under the Ministry.

The departments of Construction Activities Management; Planning and Finance and Organization and Personnel may organize sections.

The Ministry of Construction shall propose the Prime Minister to promulgate a list of other non-business organizations under the Ministry.

Article 4. Implementation effect

This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction, and all previous regulations contrary to this Decree.

Article 5. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees shall implement this Decree.