Decree No. 17/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Construction

DECREE

Regulations on functions, tasks, powersand the organizational structure of the Ministry of Construction

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THE GOVERNMENT

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

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Considering the proposal of the Minister of Construction and the Minister of Interior Affairs,

DECREE:

Article 1. Position and Functions

The Ministry of Construction is an agency of the Government responsible for state management in the following areas: construction; architecture, urban planning; urban technical infrastructure, industrial zones, economic zones, high-tech zones; urban development; housing and office buildings; real estate business; building materials; state management of public services within the scope of the Ministry's state management as prescribed by law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Construction shall be responsible for performing tasks and exercising powers as prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the specific tasks and powers listed below:

1. Submitting draft laws, ordinances; draft resolutions, decrees of the Government according to the annual legislative program of the Ministry that has been approved and other draft regulations and normative legal documents as assigned by the Government.

2. Submitting strategic plans, development plans, long-term, five-year, and annual plans, national programs and projects in the fields under the Ministry’s state management; draft decisions, directives of the Prime Minister.

3. Issuing decisions, directives, circulars within the scope of the Ministry’s state management; developing and submitting to competent authorities for issuance or issuing within its authority a system of national standards and technical regulations in the fields under the Ministry’s state management.

4. Directing, guiding, inspecting, supervising, and being responsible for organizing the implementation of normative legal documents, strategies, plans, and development programs already approved within the scope of the Ministry’s state management; promoting, disseminating, educating on laws, and providing information on the fields under the Ministry’s state management.

5. On construction:

a) Guiding and inspecting the implementation of legal provisions in the field of construction, including stages: project investment planning and execution, survey, design, construction, acceptance (in terms of quantity and quality), handover, warranty, and maintenance of construction works;

b) Guiding and inspecting the issuance, extension, modification, and revocation of construction permits according to legal provisions;

c) Guiding and inspecting the implementation of legal provisions and conditions for practicing construction activities of individuals and organizations participating in construction activities, including: project investment planning and execution; survey, design; construction; construction supervision; construction cost management; project investment planning and execution;

d) Guiding and inspecting the issuance and management of various types of construction activity practice certificates according to legal provisions;

đ) Guiding and inspecting the selection process of contractors in construction activities according to the Construction Law and bidding laws;

e) Guiding and inspecting the issuance and revocation of permits for foreign contractors operating in Vietnam; implementing the issuance and revocation of tender permits for foreign contractors who undertake packages of projects belonging to Group A projects and other packages in areas involving two provinces or more;

g) Guiding and inspecting the implementation of the Regulation on Hiring Foreign Consultants in Construction Activities in Vietnam;

h) Guiding and inspecting quality management in construction works during stages: survey, design, construction, acceptance, handover, warranty, and maintenance of construction works; guiding quality inspection activities and organizing state inspections on construction work quality according to the分级无法直接翻译，因为原始文本中没有“分级”这个词。根据规则，我将严格按照输入内容进行翻译，不添加任何额外信息或解释。因此，对于最后一行的翻译，我将保持与输入完全一致：

Announcing construction norms, investment capital rates, construction price indices, methods for determining construction price indices; guiding and inspecting the establishment and management of construction investment costs including: total investment amount for construction works, construction budget estimates, construction norms, and construction prices, methods for measuring construction volumes, methods for determining machine and equipment construction prices;

k) Guiding and inspecting the implementation of legal provisions regarding contracts in construction activities;

l) Guiding and inspecting the implementation of legal provisions on the submission and archiving of survey, design, and completion documents for construction works according to legal provisions;

m) Reviewing investment projects for construction works according to classification, reviewing technical designs and construction budgets for projects according to the Government's assignment; guiding and inspecting the review of investment projects for construction works, technical design reviews, construction drawing design reviews, and construction budget reviews according to regulations on managing investment projects for construction works;

n) Directing, guiding, and inspecting the implementation of important construction investment projects and key national construction works according to Government regulations; performing the responsibilities and powers of the investor for important construction investment projects and key national construction works assigned by the Prime Minister.

6. On architecture and construction planning (including: regional construction planning, urban construction planning, rural residential area construction planning, industrial zone construction planning, economic zone construction planning, high-tech zone construction planning, construction planning for major international border gates):

a) Developing orientation for the development of Vietnamese architecture suitable for each stage; directing implementation after approval by the Prime Minister;

b) Building, submitting to competent authorities for issuance or issuing within its authority standards and technical regulations on architecture and construction planning, regulations on the preparation, review, and approval of various types of construction planning projects; guiding and inspecting the organization of implementation;

c) Guiding and inspecting the implementation of the Urban Architecture Management Regulation;

d) Organize the preparation, examination, and submission to the Prime Minister for approval of detailed construction master plans according to the division of labor assigned by the Government; direct the implementation after receiving the Prime Minister's approval;

đ) Organize the examination or agreement for the competent authority to approve various types of construction master plans according to the分级授权

e) Guide and inspect the implementation of legal provisions and qualification conditions for individuals and organizations participating in design and planning;

g) Guide and inspect the issuance and management of professional certificates for architects.

7. Regarding urban technical infrastructure in industrial zones, economic zones, and high-tech zones, including urban transportation infrastructure; water supply, drainage, wastewater treatment, lighting, parks, cemeteries, waste within cities, industrial zones, economic zones, and high-tech zones (hereinafter referred to collectively as technical infrastructure):

a) Direct the implementation of national orientations, strategies, programs, and projects on developing technical infrastructure, indicators related to technical infrastructure in the country's socio-economic development tasks at each stage after being approved by the Prime Minister;

b) Develop and submit to the competent authority for promulgation or promulgate within its jurisdiction standards and technical regulations regarding technical infrastructure, regulations and procedures for preparing, examining, and approving various types of technical infrastructure planning projects; guide and inspect the organization of implementation;

c) Direct, guide, and inspect the implementation of mechanisms and policies for developing and managing technical infrastructure services; guide the establishment and management of costs for technical infrastructure services;

d) Organize the preparation, examination, and submission to the Prime Minister for approval or approval by delegation from the Prime Minister of planning projects within the field of technical infrastructure according to the division of labor assigned by the Government; direct the implementation after receiving approval;

đ) Organize the examination or agreement for the competent authority to approve various types of planning projects within the field of technical infrastructure according to the分级授权

8. Regarding urban development

a) Direct the implementation of the national urban development strategy, overall urban planning, key national programs and projects on urban development after being approved by the Prime Minister;

b) Direct, guide, and inspect the implementation of mechanisms, policies, and solutions for synchronous urban investment and development, management policies and solutions during the urbanization process, urban management models;

c) Establish criteria for evaluating and classifying cities according to each stage, consistent with the general development process of the country; guide, inspect, and organize the annual evaluation and classification of cities according to the criteria prescribed by the Government; decide on recognizing city classifications according to the分级授权

d) Direct, guide, and inspect activities related to urban investment and development according to planning; guide and inspect the implementation of new urban area regulations; guide urban construction order management;

đ) Guide and inspect the exploitation and use of land for urban construction according to approved urban construction planning;

e) Organize investment promotion activities for urban development; organize mobilization, exploitation, and coordination of domestic and foreign resources for national urban system development according to the division of labor assigned by the Government;

g) Organize the construction and management of a database system, providing information on urban development;

9. Regarding housing and office buildings:

a) Develop national housing development directions for each ten-year period, five-year national housing programs, housing development targets, and social housing development plans in the country's socio-economic development tasks at each stage; direct the implementation after receiving the Prime Minister's approval;

b) Guide and inspect provincial People's Committees in building local housing development programs, housing development targets, and social housing development plans in local socio-economic development tasks at each stage;

c) Take the lead and coordinate with relevant agencies to organize the preparation and examination of planning for the development of administrative state office systems, state-owned office premises of political-social organizations, and public service units at the central level; implement after receiving the Prime Minister's approval;

d) Guide and inspect provincial People's Committees in the preparation of planning for the development of administrative state office systems, state-owned office premises of political-social organizations, and public service units at the local level;

đ) Develop and submit for promulgation or promulgate within its jurisdiction construction standards for housing, offices, and office premises; issue regulations on classification criteria, model designs, typical designs, management and usage regulations, warranty and maintenance systems for housing, offices, and office premises from the central to local levels;

e) Take the lead and coordinate with the Ministry of Finance to develop and submit to the Prime Minister for promulgation standards for the use of official housing, rental price frameworks for official housing, and rental purchase price frameworks for social housing applicable to each period consistent with the country's socio-economic development conditions; guide and inspect the implementation;

g) Take the lead and coordinate with the Ministry of Planning and Investment to establish criteria for housing surveys, statistics, and evaluations; direct and guide periodic housing surveys, statistics, and evaluations; guide the establishment and management of databases and provision of information on housing, offices, and state-owned office premises; compile and publish periodic five-year information on housing nationwide;

h) Guide and inspect the issuance of certificates of ownership rights for housing and construction works according to legal provisions;

10. Regarding real estate business:

a) Direct the implementation of strategies and policies for developing and managing the real estate market after being approved by the Prime Minister;

b) Chair and coordinate with ministries, ministerial-level agencies, provincial people's committees under the central government in managing real estate business activities;

c) Guide regulations on real estate entering into business;

d) Guide and inspect the implementation of legal provisions regarding the qualification conditions of investors in new urban area projects, housing projects, and industrial infrastructure projects;

đ) Guide and inspect the implementation of legal provisions in house purchase and sale activities, construction project transactions, new urban area projects, housing projects, and industrial infrastructure projects;

e) Issue a framework training program for knowledge in real estate brokerage, valuation, and management of real estate trading floors; issue sample real estate broker certificates and real estate valuation certificates; guide and inspect the issuance and management of real estate broker certificates and real estate valuation certificates;

g) Establish and manage the operation of a system of information on the real estate market and real estate business activities;

11. Regarding construction materials:

a) Direct, guide, and inspect the implementation of national master plans for the development of building materials, regional building material development plans, cement development plans, and national programs on building materials after approval by the Prime Minister;

b) Organize the establishment, approval, and direct, guide, and inspect the implementation of development plans for ceramic tiles, construction glass, and sanitary ceramics;

c) Guide and inspect provincial people's committees under the central government in establishing, reviewing, approving, and managing local building material development plans;

d) Direct, guide, and inspect the implementation of mineral exploration, exploitation, and processing plans for building materials and raw materials for cement production after approval by the Prime Minister;

đ) Guide activities related to the assessment and evaluation of: mining and processing technologies for building materials and raw materials for cement production; building material production technologies; quality of building material products;

e) Organize the assessment of investment projects for the exploitation and processing of building materials and raw materials for cement production, and construction projects within the scope of the building materials industry according to the classification by the Government;

g) Organize the implementation of technical standards and regulations on safety and labor hygiene in activities such as the exploitation and processing of building materials and raw materials for cement production, and building material production;

h) Issue lists, conditions, and standards for building materials eligible for export, restricted export building materials, and building materials requiring conditions for business; guide and inspect the implementation thereof;

12. On construction technical safety:

a) Guide and inspect technical safety work in the Construction sector;

b) Propose a list of machines, equipment, and materials with strict safety requirements applicable in the construction industry, and propose to the Ministry of Labor, Invalids, and Social Affairs for unified promulgation;

c) Issue inspection procedures for machines and equipment with strict safety requirements in areas under the management of the Ministry, after obtaining the review opinion of the Ministry of Labor, Invalids, and Social Affairs;

d) Develop and issue criteria and technical conditions for organizations conducting inspections of machines and equipment with strict safety requirements in areas under the management of the Ministry, after obtaining the review opinion of the Ministry of Labor, Invalids, and Social Affairs;

đ) Guide and inspect the implementation of legal provisions on safety for machines, equipment, and materials with strict safety requirements and labor safety under the management of the Ministry;

13. On environmental protection:

a) Direct and guide the integration of environmental protection plans, programs, and strategies into development strategies, plans, and programs in sectors under the management of the Ministry;

b) Study and propose the issuance or amendment of environmental standards; develop and issue technical standards on environmental quality and environmental waste in sectors under the management of the Ministry within its authority;

c) Direct and guide the preparation of strategic environmental impact assessments and environmental impact assessments; organize the review of environmental impact assessments within its authority, monitor environmental impacts from sectoral activities, prepare reports on environmental impacts of sectors, manage and control waste, noise, vibration, light, radiation; prevent, respond to environmental emergencies, remediate pollution, and restore the environment in sectors under the management of the Ministry as prescribed by law;

d) Monitor and inspect the implementation of legal provisions on environmental protection in sectors under the management of the Ministry;

14. Implement international cooperation in sectors under the management of the Ministry as prescribed by law;

15. Develop and implement a strategy for scientific and technological development in the Construction sector; organize and direct research activities, application of scientific and technological progress in sectors under the management of the Ministry;

16. Develop and implement a Training Strategy for Human Resource Development in the Construction sector; cooperate with the Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs to develop architectural and engineering education programs and other vocational levels in construction specialties; develop and organize specialized professional training and capacity building programs for construction officials, civil servants, and employees; develop and organize training and capacity building programs on urban management for urban administrative officials;

17. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister.

18. Regarding the implementation of representation of state capital ownership at enterprises with state capital under the management scope of the Ministry:

a) Develop restructuring plans, organizational reforms, and ownership conversion plans for state-owned enterprises under the management scope of the Ministry to submit to the Prime Minister for approval and to direct the implementation of such plans after they have been approved;

b) Submit to the Prime Minister for appointment or appoint within their authority the positions of leadership, management, and chief accountants of state companies that have not yet been equitized or state enterprises that have not yet transferred the right of state capital ownership representation to the State Capital Investment Corporation;

c) Submit to the Prime Minister for approval or approve within their authority the charter of organization and operation of state companies that have not yet been equitized or state enterprises that have not yet transferred the right of state capital ownership representation to the State Capital Investment Corporation;

d) Appoint representatives of state capital at state-owned enterprises directly under the Ministry when transitioning to joint-stock companies.

19. Decide on specific policies and measures and direct the implementation of operational mechanisms for public service organizations under the management of the Ministry according to the provisions of the law; manage and direct the activities of affiliated public institutions under the Ministry.

20. Manage state affairs for enterprises and cooperatives of all economic components operating in sectors under the state management scope of the Ministry according to the provisions of the law.

21. Guide, create conditions, and inspect the operations of associations and non-governmental organizations operating in sectors under the state management scope of the Ministry; organize to collect opinions and critiques from relevant associations and non-governmental organizations to improve mechanisms and policies under the state management scope of the Ministry when necessary.

22. Conduct inspections, audits, resolve complaints, accusations, combat corruption and malpractice, and handle violations of laws in sectors under the state management authority of the Ministry.

23. Regarding the management of construction sector civil servants and officials:

a) Implement tasks and authorities in managing construction sector civil servants and officials according to the provisions of the law;

b) Issue professional standards and qualifications for official ranks in the industry and field managed by the Ministry after receiving the review opinion of the Ministry of Home Affairs; develop professional standards and qualifications for civil servant ranks in the industry and field managed by the Ministry for the Ministry of Home Affairs to issue; issue specific professional standards for heads of specialized agencies under the industry and field managed by the Ministry belonging to provincial People's Committees and centrally-administered city People's Committees.

24. Manage organizational structures and staffing; direct the implementation of salary systems, incentives, rewards, punishments, and other policies for cadres, civil servants, and officials under the management scope of the Ministry.

25. Develop the annual budget estimate of the Ministry; coordinate with the Ministry of Finance to establish and consolidate revenue and expenditure budget estimates according to the industry and field under the management scope to be submitted to the National Assembly by the Government; manage, organize the implementation, and settle the state budget; perform other tasks related to the state budget, finance, and assets according to the provisions of the law.

26. Perform other tasks assigned or delegated by the Government or the Prime Minister.

Article 3. The organizational structure of the Ministry

1. Department of Architecture and Construction Planning;

2. Department of Construction Activity Management;

3. Department of Building Materials;

4. Department of Construction Economy;

5. Department of Science, Technology, and Environment;

6. Department of Planning and Finance;

7. Department of Legal Affairs;

8. Department of International Cooperation;

9. Department of Cadre and Civil Service Organization;

10. Inspectorate of the Ministry;

11. Office of the Ministry;

12. State Agency for Quality Control of Construction Projects;

13. State Administration of Housing and Real Estate Market;

14. Technical Infrastructure Bureau;

15. Urban Development Bureau;

16. Ministry of Construction Representative Office in Ho Chi Minh City;

17. Institute of Architecture, Urban and Rural Planning;

18. Institute of Construction Economics;

19. Institute of Construction Science and Technology;

20. Academy of Construction Management and Urban Development;

21. Information Center;

22. Construction Newspaper;

23. Construction Magazine.

Units from Clause 1 to Clause 16 of this Article are organizations assisting the Minister in performing state management functions, units from Clause 17 to Clause 23 are state-affiliated public institutions directly under the Ministry.

The Departments of Construction Activity Management, Planning-Finance, and Cadre and Civil Service Organization shall be organized with subordinate Divisions.

The Minister of Construction shall submit to the Prime Minister for issuance the list of remaining state-affiliated public institutions under the Ministry.

Article 4. Effective date

This Decree takes effect 15 days after its publication in the Official Gazette; it replaces Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction and previous regulations contrary to this Decree.

Article 5. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.