Joint Circular No. 06/2014/TTLT-BXD-BNV guiding the functions, tasks, powers, and organizational structure of the Construction Department Inspectorate

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of the Construction Department Inspectorate

Construction Department Inspectorate

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Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 26/2013/NĐ-CP dated March 29, 2013 of the Government on the organization and operation of construction sector inspectorates;

The Minister of Construction and the Minister of Interior issue this Joint Circular guiding the functions, tasks, powers, and organizational structure of the Construction Department Inspectorate.

Article 1. Position and Functions of the Construction Department Inspectorate

1. The Construction Department Inspectorate (hereinafter referred to as the Inspectorate) is a state inspection agency under the Construction Department, assisting the Director of the Construction Department in conducting administrative inspections and specialized inspections; handling complaints and denunciations; preventing and combating corruption within the scope of the Construction Department's state management responsibilities according to the delegation of the provincial People's Committee.

2. The Inspectorate is subject to the direction and management of the Director of the Construction Department; it directs inspection work and provides guidance on administrative inspection procedures of the Provincial Inspectorate; it directs and guides specialized inspection procedures of the Ministry of Construction Inspectorate.

3. The Inspectorate is an organization with legal personality, entitled to open accounts at banks and State Treasury, and to use its own seal in accordance with the provisions of the law.

Article 2. Tasks and Powers of the Construction Department Inspectorate

1. The Inspectorate performs tasks and exercises powers as prescribed in Article 24 of the Inspection Law No. 56/2010/QH12, Article 13 of Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding certain provisions of the Inspection Law, Article 8 of Decree No. 26/2013/NĐ-CP dated March 29, 2013 of the Government on the organization and operation of construction sector inspectorates (hereinafter referred to as Decree No. 26/2013/NĐ-CP), and relevant legal provisions.

2. The Chief Inspector directs and assigns civil servants and inspectors of the Inspectorate to perform urban construction order management tasks as prescribed in Article 11 of Decree No. 180/2007/NĐ-CP dated December 7, 2007 of the Government detailing and guiding the implementation of certain provisions of the Construction Law on handling violations of urban construction order (hereinafter referred to as Decree No. 180/2007/NĐ-CP).

Article 3. Organizational Structure of the Construction Department Inspectorate

1. The Inspectorate has a Chief Inspector, not more than three Deputy Chief Inspectors (for Hanoi City and Ho Chi Minh City, not more than four Deputy Chief Inspectors), inspectors, and civil servants assisting the Chief Inspector in performing their functions, tasks, and powers as prescribed. The Chief Inspector is appointed, reappointed, relieved of duty, or dismissed by the Director of the Construction Department after consultation with the Chief Inspector of the province. Deputy Chief Inspectors are appointed, reappointed, relieved of duty, or dismissed by the Director of the Construction Department upon the proposal of the Chief Inspector of the Inspectorate. Deputy Chief Inspectors assist the Chief Inspector in performing tasks and exercising powers as assigned by the Chief Inspector.

2. Inspectors and civil servants of the Inspectorate are organized into units to perform administrative inspection, specialized inspection, complaint and denunciation resolution, anti-corruption, construction order management, and administrative penalty enforcement duties in various areas as prescribed.

Article 4. Plan to improve the organizational structure and operations of the Construction Department Inspectorate

The Director of the Construction Department shall be responsible for leading and coordinating with the Civil Service Department to develop a plan to improve the organizational structure and operations of the Construction Department Inspectorate. The plan shall include the following main contents:

1. Functions, tasks, and authorities of the Construction Department Inspectorate;

2. Coordination relationships between the Construction Department Inspectorate and the People's Committees at the commune and district levels; the Public Security Forces at the commune, district, and provincial levels; the Civil Service Department; the Finance Department and State Treasury in local areas in construction inspection activities, construction management, and administrative penalty enforcement;

3. Organizational structure of the Construction Department Inspectorate to be implemented according to Article 3 of this Circular and in accordance with the management requirements of each locality;

4. Office premises, working equipment, uniforms, and other systems and policies for inspectors and civil servants;

5. Operating funds;

6. Responsibilities of the Director of the Construction Department and related agencies regarding the organization and operation of the Construction Department Inspectorate.

Article 5. Staffing of the Construction Department Inspectorate

1. Annually, the staffing of civil servants of the Construction Department Inspectorate shall be decided by the Chairman of the Provincial People's Committee, within the total number of civil servants of the Construction Department based on the job position plan, ensuring sufficient staffing to perform functions and tasks as prescribed by law, in line with actual conditions in the locality.

2. Some other job positions involving support and service work shall be carried out under labor contract regulations.

Article 6. Responsibilities of relevant agencies, organizations, and individuals concerning construction inspection activities in localities

1. The Director of the Construction Department shall fulfill responsibilities as stipulated in Article 26 of Decree No. 26/2013/ND-CP and Point b Clause 4 Article 10 of Decree No. 180/2007/ND-CP.

2. The Chairman of the Commune People's Committee shall be responsible for managing construction order as prescribed in Clause 1 Article 10 of Decree No. 180/2007/ND-CP and handling violations within their authority.

3. The Chairman of the District People's Committee shall carry out construction management tasks as prescribed in Clause 2 Article 10 of Decree No. 180/2007/ND-CP and be responsible for handling violations within their authority.

4. The Chairman of the Provincial People's Committee shall fulfill responsibilities as prescribed in Article 25 of Decree No. 26/2013/ND-CP, Clause 3 Article 10 of Decree No. 180/2007/ND-CP, and handle violations within their authority.

5. The Head of the Public Security Force at the commune level shall be responsible for participating in handling violations of construction order as prescribed in Clause 1 Article 9 of Decree No. 180/2007/ND-CP.

6. Organizations and individuals providing electricity and water services shall be responsible for implementing decisions to suspend power supply and water supply transferred by competent authorities as prescribed in Clause 2 Article 9 of Decree No. 180/2007/ND-CP.

7. Coordination responsibilities of other agencies and organizations shall be carried out as prescribed in Article 27 of Decree No. 26/2013/ND-CP.

Article 7. Implementation Organization

1. The Chairman of the Provincial People's Committee shall be responsible for directing the implementation of this Joint Circular.

2. The Director of the Construction Department shall be responsible for developing a plan to improve the organizational structure and operations of the Construction Department Inspectorate and submitting it to the Chairman of the Provincial People's Committee for approval after obtaining the agreement of the Civil Service Department.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals shall report to the Ministry of Construction for timely consideration and resolution.

Article 8. Effective Date

This Joint Circular shall take effect from July 1, 2014, replacing Joint Circular No. 10/2005/TTLT-BXD-BNV dated June 22, 2005, issued by the Ministry of Construction and the Ministry of Civil Service guiding the tasks, authorities, organization, and staffing of the Construction Inspectorate in localities.