Decision No. 25/2005/QD-BXD On the Functions, Duties, Authorities and Organizational Structure of the Ministry of Construction Inspectorate

DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the provision of functions, tasks, powers and organizational structure of the Inspectorate under the Ministry of Construction

THE MINISTER OF CONSTRUCTION

Pursuant to 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;

Pursuant to the Government Decree No. 46/2005/ND-CP dated April 6, 2005 on the organization and operation of construction inspection agencies;

Upon the proposal of the Director of the Cadre and Civil Servant Organization Department and the Chief Inspector of the Inspectorate under the Ministry of Construction,

DECISION:

Article 1. Position and Functions

The Inspectorate under the Ministry of Construction is a subordinate agency under the Ministry of Construction, performing administrative inspection functions over organizations and individuals directly managed by the Ministry of Construction and specialized inspections within the scope of state management of the Ministry of Construction.

The Inspectorate under the Ministry of Construction is subject to management and direct guidance by the Minister of Construction, while also being subject to guidance and direction regarding work, organization, and professional matters from the Government Inspectorate. The Inspectorate under the Ministry of Construction has its own seal and bank account at the State Treasury in accordance with the provisions of the law.

Article 2. Tasks and Powers of the Inspectorate under the Ministry of Construction

1. To take the lead or participate in drafting normative legal documents for submission to competent authorities for issuance; to propose competent authorities to amend, supplement, or issue normative legal documents in line with the requirements of state management in construction;

2. To inspect the implementation of policies, laws, and tasks by organizations and individuals directly managed by the Minister of Construction;

3. To perform specialized construction inspection tasks as stipulated in Article 17 of Decree No. 46/2005/NĐ-CP dated April 6, 2005 of the Government on the organization and operation of the Construction Inspectorate;

4. To impose administrative penalties in accordance with the law on handling administrative violations;

5. To propose competent authorities to suspend illegal actions of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests, rights, and legitimate benefits of citizens;

6. To assist the Minister of Construction in organizing citizen reception, handling complaints and denunciations in accordance with the law;

7. To implement preventive and anti-corruption tasks in accordance with the law;

8. To guide and train specialized inspection business for Construction Inspectorates; to guide and inspect units under the Ministry of Construction in implementing legal regulations on inspection work;

9. To report periodically and submit inspection results to the Minister of Construction and the Chief Inspector;

10. To perform other tasks assigned by the Minister of Construction.

Article 3. Tasks and Powers of the Chief Inspector of the Inspectorate under the Ministry of Construction

1. To lead and direct administrative inspection work against organizations and individuals directly managed by the Ministry of Construction and specialized inspection work within the scope of state management of the Ministry of Construction;

2. To draft inspection programs and plans for approval by the Minister of Construction and organize their implementation;

3. To propose the Minister of Construction to decide on inspections when signs of law violations are detected;

4. To propose the Minister of Construction to decide or decide within his authority on the establishment of inspection teams, dispatching inspectors, and summoning inspection collaborators in accordance with the law;

5. To propose the Minister of Construction to temporarily suspend the execution of decisions made by organizations and individuals directly managed by the Ministry of Construction if there is evidence that these decisions violate the law or affect inspection activities;

6. To impose administrative penalties in accordance with the law on handling administrative violations;

7. To propose the Minister of Construction to consider responsibility and handle individuals who commit violations under the management of the Minister of Construction; to coordinate with heads of agencies and organizations in considering responsibility and handling individuals who commit violations under the management of those agencies and organizations;

8. To propose the Minister of Construction to resolve issues related to inspection work; if such proposals are not accepted, to report to the Chief Inspector;

9. To lead the Inspectorate under the Ministry of Construction in performing other tasks and powers as prescribed by law;

10. To perform other tasks assigned by the Minister of Construction.

Article 4. Organizational Structure of the Inspectorate under the Ministry of Construction

1. The Inspectorate under the Ministry of Construction includes the Chief Inspector, Deputy Chief Inspectors, and specialized and professional departments.

The Chief Inspector performs tasks and powers as stipulated in Article 3 of this Decision and is responsible before the Minister of Construction, the Chief Inspector, and the law for organizing, managing, directing, and operating the Inspectorate under the Ministry of Construction in performing assigned functions and tasks.

Deputy Chief Inspectors assist the Chief Inspector in directing the implementation of certain tasks of the Inspectorate under the Ministry of Construction and are responsible before the Chief Inspector for the tasks delegated by the Chief Inspector in accordance with the law.

Each department has a Head and Deputy Heads. The Head is appointed, relieved, or dismissed by the Chief Inspector after reporting and obtaining the consent of the Minister of Construction; Deputy Heads are appointed, relieved, or dismissed by the Chief Inspector.

The Head is responsible before the Chief Inspector for managing and performing the tasks of the unit assigned according to the law and the Regulation on the Organization and Operation of the Inspectorate under the Ministry of Construction.

2. Departments under the Inspectorate under the Ministry of Construction:

a) General Department;

b) Complaints and Appeals Resolution Department;

c) Construction Inspection Department 1;

d) Construction Inspection Department 2.

The Chief Inspector specifies the specific functions and tasks of the departments under the Inspectorate under the Ministry of Construction.

Article 5. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 725/QĐ-BXD dated May 26, 2003 of the Minister of Construction on the provision of functions, tasks, powers, and organizational structure of the Inspectorate under the Ministry of Construction. Previous regulations contrary to this Decision are abolished.

Article 6. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, Heads of agencies and units under the Ministry of Construction, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.