JOINT CIRCULAR No. 10/2005/TTLT-BXD-BNV GUIDING THE TASKS, POWERS, ORGANIZATION AND STAFFING OF LOCAL CONSTRUCTION INSPECTION

JOINT CIRCULAR

Guidelines on the tasks, authorities, organization, and staffing of construction inspection at local levels

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Implementing the Law on Inspection 2004, the Construction Law 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 the tasks, authorities, organization, and staffing of Construction Inspection at local levels as follows:

I. POSITION AND FUNCTION

Local Construction Inspection (hereinafter referred to as the Departmental Inspection) is an agency under the Department of Construction (hereinafter referred to collectively as the Department), part of the Construction Inspection system, responsible for assisting the Department Director in performing administrative inspection and specialized construction inspection tasks within the scope of the Director's duties and authorities.

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

II. TASKS AND AUTHORITIES OF THE DEPARTMENTAL INSPECTION

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

2. Perform administrative inspection tasks (inspecting the implementation of policies, laws, and assigned tasks of organizations and individuals directly managed by the Department):

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

b) Lead or coordinate with relevant parties in carrying out administrative inspection tasks according to the guidance of the Provincial Inspection.

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

a) Carry out administrative penalties in accordance with 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 on an ad hoc basis assigned by the Department Director;

c) Dispatch personnel to participate in specialized inspection teams upon request from the Ministry of Construction Inspection.

4. Handle complaints and denunciations:

a) Lead or participate in receiving citizens who file complaints, denunciations, suggestions, and reflections in accordance with the law;

b) Assist the Department Director in resolving complaints and denunciations in accordance with 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. Implement preventive measures against corruption in the construction sector at the local level in accordance with the law on anti-corruption.

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

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

8. Lead the training of inspection skills for inspectors and inspection associates; may use inspection associates in accordance with the law.

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

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

III. ORGANIZATION OF THE DEPARTMENTAL INSPECTION

1. The Departmental Inspection is organized uniformly under the management and direction of the Chief Inspector. The Chief Inspector is accountable to the Department Director. The Chief Inspector is appointed and relieved by the Department Director after obtaining the agreement 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 Department Director based on the recommendation of the Chief Inspector and in accordance with the law.

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

4. For provinces: Based on the scale, number of administrative units (city, town, district under the province), and specific management requirements; the Department Director submits to the provincial People's Council for decision 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 (districts, counties under the city), specific characteristics, and management requirements; the Department Director submits to the municipal People's Council for decision on establishing mobile inspection teams, inter-district inspection teams, or inspection teams by district under the Departmental Inspection. The Chief Inspector appoints and relieves the heads and deputies of mobile inspection teams and inter-district inspection teams; issues operational regulations and directly manages and directs the inspection teams.

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

Inspection teams are guided professionally by the Departmental Inspection.

The Chief Inspector issues operational regulations for construction inspections by area.

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

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 and county inspections shall be guided in their professional and operational matters by 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 from other categories working within 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 and public service officer categories) must meet the conditions and standards stipulated by law. The staffing of the Department's Inspection is determined 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 contractual system as prescribed by Decree No. 68/2000/NĐ-CP dated November 17, 2000, of the Government on implementing the contractual 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, and decide on the allocation of administrative staffing for the Department's Inspection.

V. WORK RELATIONSHIP 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 in terms of professional and administrative inspection by the Provincial Inspection;

2. The Department's Inspection is guided and inspected in terms of specialized inspection business 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 the inspection process concerning construction-related issues and in preventing, stopping, and combating violations of the law.

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

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

VI. IMPLEMENTATION

1. The People's Committee at the provincial level bases on the Inspection Law, 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 related 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; have plans to train and arrange cadres, civil servants, and other personnel currently working in the Department's Inspection and inspection teams to meet the 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.

In the course of implementation, if there are difficulties or obstacles, it is recommended that relevant agencies, organizations, and individuals report to the Ministry of Construction and the Ministry of Home Affairs for timely revision and supplementation./.