Joint Circular No. 10/2005/TTLT/BXD-BNV guiding the tasks, powers, organization, and staffing of Construction Inspection at local levels.

JOINT CIRCULAR

Guidelines on Tasks, Authorities, Organization, and Staffing

of Construction Inspection at Local Level

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Implementing the Law on Inspection in 2004, the Law on Construction in 2003, Decree 46/2005/NĐ-CP dated April 6, 2005 of the Government on the organization and operation of Construction Inspection, the Ministry of Construction and the Ministry of Home Affairs provide guidelines on tasks, authorities, organization, and staffing of Construction Inspection at local level as follows:

I. Position and Functions

Construction Inspection at local level (hereinafter referred to as the Inspection Office) is an agency under the Department of Construction (hereinafter collectively referred to as the Department), part of the Construction Inspection system, responsible for assisting the Director of the Department in performing inspection tasks and authorities within the scope of the Director's duties and powers.

The Inspection Office has its own seal and is entitled to open an account at the State Treasury.

II. Tasks and Authorities of the Inspection Office

1. Develop programs and plans for administrative inspections and construction sector inspections, submit them to the Director of the Department for approval and organize their implementation.

2. Perform administrative inspection tasks and authorities (inspecting the implementation of policies, laws, assigned tasks of organizations and individuals under the direct management of the Department):

a. Inspect, conclude, handle or recommend competent authorities to decide on handling;

b. Chair or coordinate with relevant parties in performing administrative inspection tasks and authorities according to the guidance of the Provincial Inspection Agency.

3. Conduct specialized construction inspections according to Article 17 of Decree 46/2005/NĐ-CP dated April 6, 2005 of the Government on the organization and operation of Construction Inspection:

a. Implement administrative penalties according to Decree 126/2004/NĐ-CP dated May 26, 2004 of the Government;

b. Establish inspection teams to conduct specialized construction inspections according to programs or ad hoc assignments by the Director of the Department;

c. Appoint personnel to join inspection teams when requested by the Ministry of Construction's Inspection Agency.

4. Handle complaints and denunciations:

a. Chair or participate in receiving citizens who file complaints, denunciations, suggestions, and reports according to the law;

b. Assist the Director of the Department in resolving complaints and denunciations according to the law on complaints and denunciations;

c. Monitor and inspect organizations under the Department's management in implementing decisions on resolving complaints and denunciations.

5. Carry out preventive and anti-corruption work in the construction sector at the local level according to the law on anti-corruption.

6. Promote, disseminate, guide, and inspect units under the Department in implementing regulations on inspection, complaints, denunciations, prevention, and anti-corruption efforts.

7. Monitor and inspect the implementation of inspection conclusions, recommendations, and post-inspection decisions; compile and report on the results of administrative inspection, specialized construction inspection, complaint resolution, and anti-corruption efforts within the Department's jurisdiction.

8. Chair the organization of training for inspection officers and inspection assistants; may use inspection assistants according to the law.

9. Manage, organize, staff, assets, and funds serving the activities of the Inspection Office.

10. Perform other tasks and authorities as prescribed by law and assigned by the Director of the Department.

III. Organization of the Inspection Office

1. The Inspection Office is organized uniformly under the management and direction of the Chief Inspector. The Chief Inspector is accountable to the Director of the Department. The Chief Inspector is appointed and relieved by the Director of the Department after obtaining the consensus of the Provincial Chief Inspector.

2. Deputy Chief Inspectors assist the Chief Inspector in performing certain tasks and authorities delegated by the Chief Inspector; Deputy Chief Inspectors are appointed and relieved by the Director of the Department upon the recommendation of the Chief Inspector and in accordance with the law.

3. Some inspection officers and civil servants from other categories (if any) directly assist the Chief Inspector.

4. For provinces: Based on the scale, number of administrative units (city, district, county under the province), characteristics, and management requirements; the Director of the Department submits to the provincial People's Council to decide on establishing independent inspection teams for each administrative area or inter-district inspection teams under the province; it is not necessary for each district-level administrative unit to have its own independent inspection team. The Chief Inspector appoints and relieves the heads and deputies of inter-district inspection teams; issues operational regulations and directly manages and directs.

5. For centrally-administered cities: Based on the scale and number of administrative units (district, county under the city), characteristics, and management requirements; the Director of the Department submits to the municipal People's Council to decide on establishing mobile inspection teams, inter-district inspection teams, or inspection teams based on districts, counties, and towns under the Inspection Office. The Chief Inspector of the Inspection Office appoints and relieves the heads and deputies of mobile inspection teams, inter-district inspection teams; issues operational regulations and directly manages and directs the inspection teams.

6. In cases where the provincial People's Council or centrally-administered city People's Council decides to establish independent inspection teams, the Director of the Construction Department coordinates with the district, county, city, town People's Councils to manage, direct, urge, and inspect the activities of the inspection teams according to the law.

Inspection teams are guided professionally by the Inspection Office.

The Chief Inspector of the Inspection Office issues operational regulations for Construction Inspection by area.

The appointment and relief of team leaders and deputy team leaders are decided by the Director of the Construction Department upon the recommendation of the Chief Inspector and with the agreement of the Chairman of the district, county, city, town People's Council. Inspection teams perform tasks related to construction order management according to approved urban planning and other tasks assigned by the district, county, town People's Council.

7. For Hanoi City: The organization of the Construction Inspection shall continue to be implemented according to Decision No. 100/2002/QD-TTg dated July 24, 2002, of the Prime Minister on "pilot establishment of specialized construction inspection for Hanoi City." District inspections shall be subject to professional guidance from the Department's Inspection.

IV. Staffing of the Department's Inspection

1. The administrative staffing of the Department's Inspection includes inspectors and civil servants working in the Department's Inspection (according to Decision No. 78/2004/QD-BNV dated November 3, 2004, of the Minister of Home Affairs promulgating the list of civil servant ranks), which must meet the conditions and standards prescribed by law. The staffing of the Department's Inspection is decided by the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as provincial level) to allocate within the total provincial staffing.

2. Drivers, security guards, technical staff, and other employees performing other tasks in the Department's Inspection shall implement the contract system as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000, of the Government on implementing the contract system for certain types of work in state administrative agencies and public institutions.

3. The Chairman of the Provincial People's Committee bases on the scale and volume of tasks that the Construction Inspection must perform according to the provisions of the law and other bases specified in Article 6 of Decree No. 71/2003/NĐ-CP dated June 19, 2003, of the Government on decentralization of management of administrative and public service staffing to build, plan staffing, and decide on the allocation of administrative staffing for the Department's Inspection.

V. Work Relations of the Department's Inspection

1. The Department's Inspection is directly under the direction of the Department Director, while also being guided and inspected regarding administrative inspection expertise by the provincial Inspection.

2. The Department's Inspection is guided and inspected regarding specialized inspection expertise by the Ministry of Construction's Inspection; it compiles and reports periodically or urgently about specialized inspection work to the Ministry of Construction's Inspection.

3. The Department's Inspection collaborates with inspections of various sectors, district-level and commune-level authorities, and other competent state agencies during inspections related to construction and in preventing, stopping, and combating violations of the law.

4. The People's Committees of districts, towns, and cities under provinces have the responsibility to create favorable conditions and support the Department's Inspection in its operations on their territory; equip the inspection teams with necessary means and working conditions as prescribed by law; impose administrative penalties within their authority when the inspection team presents them.

5. The People's Committees of communes and wards have the responsibility to cooperate with construction inspection teams in urban order inspections on their territory; impose administrative penalties within their authority when requested by the inspection team.

VI. Implementation Organization

1. The Provincial People's Committee bases on the Inspection Law, the Construction Law, and guiding documents for the implementation of the Construction Law, Decree No. 46/2005/NĐ-CP dated April 6, 2005, of the Government on the organization and operation of Construction Inspection, guidance provided in this Circular, and relevant laws to decide on the establishment and specify the specific duties, powers, organization, and staffing of the Department's Inspection.

2. The Chairman of the Provincial People's Committee is responsible for directing the Department Director to carry out organizational restructuring; develop plans to train and arrange cadres, civil servants, and other personnel currently working in the Construction Inspection and inspection teams to meet current legal conditions and standards, ensuring the completion of assigned tasks.

3. This Circular takes effect fifteen days after its publication in the Official Gazette.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to report to the Ministry of Construction and the Ministry of Home Affairs for timely amendments and supplements./.