Decree No. 26/2013/ND-CP stipulates the organization and operation of construction sector inspection, applicable to the Ministry of Construction Inspection, Department of Construction Inspection, inspectors, and collaborators. The main contents include organizational structure, tasks, authorities, inspection procedures, and responsibilities of related parties.
적용 범위
The Ministry of Construction Inspection, Department of Construction Inspection, construction sector inspectors, collaborators, agencies, organizations, and individuals under the management of the Ministry of Construction and Departments of Construction.
핵심 사항
- The Ministry of Construction Inspection and Department of Construction Inspection have their own seals and separate accounts. The Chief Inspector is appointed and relieved from duty by the Minister.
- The Ministry of Construction Inspection conducts specialized inspections according to the provisions of Article 11 of this Decree, requiring the Department of Construction Inspection to compile reports on inspection activities.
- The Chief Inspector of the Department of Construction decides to establish inspection teams according to approved plans or conduct surprise inspections when violations of laws are discovered (Article 9).
- Construction sector inspection inspects compliance with policies and laws on planning, architecture, investment in construction, urban development, technical infrastructure management, housing, and real estate business.
- The duration of specialized inspections shall not exceed 45 days for the Ministry of Construction Inspection and 30 days for the Department of Construction Inspection.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening the effectiveness of state management over construction through specialized inspections.
- Negative impact: It may impose a burden on enterprises and individuals subject to inspection, requiring measures to mitigate adverse effects.
❓ 자주 묻는 질문
What powers does the Department of Construction Inspection have?
The Chief Inspector of the Department of Construction decides to establish inspection teams according to approved plans or conduct surprise inspections when violations of laws are discovered (Article 9).
How long is the duration of specialized inspections?
Specialized inspections conducted by the Ministry of Construction Inspection shall not exceed 45 days, but in complex cases, it can be extended up to 70 days (Article 15).
How is the inspection work carried out?
The inspection activities of the Ministry of Construction Inspection and Department of Construction Inspection are conducted in accordance with the Law on Inspection and Decree No. 86/2011/ND-CP (Article 16).
What is the responsibility of the Director of the Department of Construction in inspection activities?
The Director of the Department of Construction leads and directs inspection activities within the scope of the Department's management and takes the lead in coordinating with the Department of Civil Service Affairs to develop proposals for improving the organizational structure and operations of the Department of Construction Inspection (Article 25).
Which decree does this decree replace?
This Decree comes into effect from May 15, 2013, replacing Decree No. 46/2005/ND-CP (Article 28).
전문
DECREE
Vinspection, supervision of the banking industry, Tsectoral inspection XConstruction
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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: ficer Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;
Camendpursuant to the Road Traffic Law dated November 13, 2008; Xeceiving citizens, handling complaints, reports, and preventing corruption.itselfdated November 26, 2003 and Law Provincial People's Committees set specific pricesto amend,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. clause of the lAmendment and Supplement to Certain Provisions of the Tobacco Control Law Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsconcerning investment in construction dated June 19, 2009;
Pursuant to the Law N |||approved on June 29thJune 2024;energy 1Pursuant to Resolution No. 74/2018/QH14 dated November 20, 2018 of the National Assembly on the sixth session of the 14th National Assembly;
Pursuant to the Law Businesson real estate business dated June 29, 2006;
Pursuant to the Law Article 24on urban planning dated June 17, 2009;
Pursuant to the Law TThe Government issued the Decree on the organization and operation of diplomatic inspection on June 15,June 2024;energy 1in 2010;
At the proposal of the Minister of Construction;
h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government issued the Decree on the organization and operation of sectoral inspection in Construction,
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates the organization and operation of state inspection agencies in the Construction sector, inspectors and sectoral inspection collaborators; responsibilities of agencies, organizations, and individuals in sectoral inspection activities in the Construction sector.
a) National centralized procurement unit: A centralized procurement unit under the Ministry of Finance to perform the task of centralized procurement of assets within the national centralized procurement list (excluding medicines for human disease prevention and treatment, abbreviated as medicines);nationalInspection
1. Agencies, organizations, and individuals under the management of the Ministry of Construction and the Construction Departments authorized or delegated by DECREES:provincial People's Committees.
2. Vietnamese and foreign agencies, organizations, and individuals operating within the territory of the Socialist Republic of Vietnam shall comply withof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairslaws and regulations in fields under the management of the Ministry of Construction and Construction Departments.
Chapter II
ORGANIZATION, TASKS, POWERS OF STATE INSPECTION AGENCIES IN THE CONSTRUCTION SECTOR
Article 3. State inspection agencies in the Construction sector
1. The Inspectorate of the Ministry of Construction.
2. The Inspectorate of the Construction Department.
The Inspectorate of the Ministry of Construction and the Inspectorate of the Construction Department have their own seals and accounts.
Article 4. Organizational structure of the Inspectorate of the Ministry of Construction
1. The Inspectorate of the Ministry of Construction has the Inspector General, Deputy Inspector General, inspectors, civil servants, organized into specialized departments.
2. The Inspector General is appointed, relieved, or dismissed by the Minister after consultation with the Inspector General of the Government..
The Deputy Inspector General is appointed, relieved, or dismissed by the Minister upon the proposal of the Inspector General. The Deputy Inspector General assists the Inspector General in performing tasks assigned by the Inspector General.
Specialized departments are established by the Minister.
Article 5. Tasks and powers of the Inspectorate of the Ministry of Construction
The Inspectorate of the Ministry of Construction performs tasks and powers prescribed in Article 18 of the Inspection Law, Article 7 of Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law, and the following tasks and powers:
1. Surveying and collecting information to serve as a basis for drafting inspection plans to be submitted to the Minister for issuance; guiding the Construction Departments' Inspectorates in drafting For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;inspection plans.
2. Conducting specialized inspections according to the contents specified in Clause 11 of this Decree.
3. Requesting the Construction Departments' Inspectorates to summarize and report on inspection work within the scope of the Ministry of Construction's administrative management.nationalTraining staff and inspectors on specialized construction inspection.
4. Leading or participating in inter-sectoral inspection teams established by ministries, sectors, or localities.
5. Directing and guiding specialized inspection matters for the Construction Departments' Inspectorates.
6. Regularly handling public complaints, appeals, and anti-corruption work.
7. Summarizing laws on inspection and construction, reporting to competent authorities for amendment, supplementation, and perfection.nglating laws on inspection, construction laws, reporting to the competent authority for amendment and supplementation to improve them.No. her tasks and powers assigned by the Minister.
8. ns, civil servants.
Article 6. Tasks and powers of the Inspector General of the Ministry of Construction
The Inspector General of the Ministry of Construction performs tasks and powers prescribed in Article 19 of the Inspection Law, Article 8 of Decree No. 86/2011/ND-CP, and the following tasks and powers:
1. Deciding to establish inspection teams according to approved inspection plans by the Minister.
2. Deciding to conduct surprise inspections when discovering agencies, organizations, or individuals suspected of violating laws or at the request of complaint resolution, anti-corruption measures, or as instructed by the Minister.
3. Submitting to the Minister for issuing decisions to establish inter-sectoral administrative inspection teams according to approved inspection plans or surprise inspections for particularly complex cases involving the responsibility of multiple levels and sectors; deciding to establish specialized inspection teams according to approved inspection plans or surprise inspections for complex cases involving the responsibility of multiple agencies, units, levels, and sectors.ớRequesting the Inspector General of the Construction Departments to report on specialized inspection work regularly or unexpectedly.
4. Imposing administrative penalties according to the law.
5. Other tasks and powers assigned by the Minister.
6. s follows:
Article 7. Organizational Structure of the Construction Department Inspectorate
1. The Construction Department Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, inspectors, and civil servants.iing team.
The Chief Inspector is appointed, dismissed, or removed from office by the Director of the Construction Department after reaching consensus with the Provincial Chief Inspector.
The Deputy Chief Inspector is appointed, dismissed, or removed from office by the Director of the Construction Department upon the recommendation of the Chief Inspector. The Deputy Chief Inspector assists the Chief Inspector in performing tasks assigned by the Chief Inspector.
2. The Construction Department Inspectorate in Hanoi City and Ho Chi Minh City may organize teams stationed at district levels.
Article 8. Duties and Authorities of the Construction Department Inspectorate
The Construction Department Inspectorate performs duties and authorities as stipulated in Article 24 of the Inspection Law, Article 13 of Decree No. 86/2011/NĐ-CP, and the following duties and authorities:onploying cadres, civil servants, and inspectors of the Construction Inspection Department in accordance with the provisions of the law.
1. Surveying and collecting information to establish inspection plans based on the orientation of the Ministry Inspectorate, submitting for approval by the Director of the Department, and reporting to the Ministry Inspectorate.
2. Conducting specialized inspections according to the contents specified in Article 11 of this Decree within the scope of management authority.
3. Continuously handling public complaints, resolving grievances, and preventing corruption.
4. Leading or participating in inter-departmental inspection teams established by departments, sectors, and localities; participating in inspection teams established by the Ministry Inspectorate.
Article 9. Duties and Authorities of the Chief Inspector of the Construction Department Inspectorate
The Chief Inspector of the Construction Department Inspectorate performs duties and authorities as stipulated in Article 25 of the Inspection Law, Article 14 of Decree No. 86/2011/NĐ-CP, and the following duties and authorities:
1. Deciding to form inspection teams lManaging and using capital for planning and construction work within their authority; traccording to approved inspection plans by the Director of the Department.
2. Deciding to conduct surprise inspections when signs of law violations are detected, or as required for grievance resolution, anti-corruption efforts, or as assigned by the Director of the Department.
3. Submitting to the Director of the Department for decisions to form inspection teams and inter-departmental inspection teams according to approved inspection plans or as required for surprise inspections.
4. Directing the activities of the staff lThe Construction Inspection Department is responsible for submitting to the Minister of Construction for approval the annual inspection plan no later than November 15 each year.
Chapter III
of inspectors, civil servants, and inspectors of the Construction Department Inspectorate in accordance with the law.
INSPECTION ACTIVITIES IN THE CONSTRUCTION SECTOR
Article 10. Content of Administrative Inspection, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The Ministry of Construction Inspectorate and the Construction Department Inspectorate inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals as specified in Clause 1 of Article 2 of this Decree.
Article 11. Content of Specialized Construction Inspection
1. Inspecting the implementation of legal provisions regarding planning and architecture:
a) Regarding the work of establishing, reviewing, approving, and adjusting construction planning: Regional construction planning; urban construction planning; rural community construction planning; new rural construction planning; industrial park, economic zone, high-tech park, and international border gate construction planning; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Regarding the management of construction planning: Publicly announcing construction planning; marking boundary stakes for construction and other prescribed boundary stakes on-site; issuing planning permits; providing information on construction planning; implementing construction according to approved construction planning by competent authorities;
b) Management and use of funds for construction planning activities according to authority.
c) The Minister of Construction is responsible for reviewing and approving the annual inspection plan no later than November 25 each year.
d) Conditions for organizations and individuals participating in designing construction planning, conditions for practicing as architects, conditions for practicing as urban planning engineers; training, issuing, and managing professional certificates for architects and urban planning engineers.
2. Inspecting the implementation of laws governing investment and construction activities:
a) Establishing, reviewing, and approving investment projects for construction works;
b) Preparing, reviewing, and approving technical designs, construction drawings, total estimates, and project budgets;
c) Applying construction standards and regulations to construction works; applying foreign construction standards in construction activities in Vietnam;
d) Issuing, extending, amending, reissuing, revoking construction permits, and managing construction according to construction permits;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsSelecting contractors in construction activities in accordance with the Construction Law and laws on bidding;
Issuing and revoking tender permits for foreign contractors operating in construction in Vietnam;
e) Hiring foreign consultants in construction activities in Vietnam;
Signing and implementing contracts in construction activities;Establishing and managing investment costs for construction works;
h)||| Managing the quality of construction works; inspecting, handing over, warranty, and maintenance of construction works;
i) Settlement and final accounts of construction works within the authority;ìc) Supplementing point c of Clause 3 as follows:
Training, upgrading skills, issuing, and managing various types of certificates and licenses for construction activities in accordance with the law; InstallationEstablishing and operating specialized construction laboratories.
lInspecting the implementation of laws governing urban development, including: lImplementing urban development plans and programs that have been approved by competent authorities;
Adhering to legal provisions in upgrading cities;
3. Investing in constructing urban areas.
a) Inspecting the implementation of laws governing management and use of infrastructure works, including: water supply, drainage, wastewater treatment; solid waste; urban lighting, urban greenery; cemeteries; underground urban works; other technical infrastructure works within the scope of the Ministry of Construction's state management functions.
b) Inspecting the implementation of laws governing housing development, management, and use, real estate business, management, and use of public offices within the scope of the Ministry of Construction's state management functions.
c) Inspecting the implementation of laws governing mineral exploitation for construction materials, production of construction materials; conditional business of construction materials in accordance with the law.
4. Inspecting the implementation of laws governing complaint resolution, anti-corruption work within the authority. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Inspecting the implementation of other laws in fields under the Ministry of Construction's state management functions.ìArticle 12. Approval of Inspection Plans
5. The Director of the Ministry of Construction's Inspectorate is responsible for submitting the inspection plan to the Minister of Construction for approval no later than November 15 each year.
6. The Minister of Construction is responsible for reviewing and approving the inspection plan no later than November 25 each year.
7. Based on the Inspectorate's inspection program orientation and provincial inspectorates, the Director of the Construction Department's Inspectorate is responsible for submitting the inspection plan to the Construction Department Director for approval no later than December 5 each year.
8. The Construction Department Director is responsible for reviewing and approving the inspection plan no later than December 15 each year.
The inspection plan must be sent to the Ministry of Construction's Inspectorate no later than December 25 each year.
1. Adjustments to the approved inspection plan by the Ministry of Construction must report to the Minister; adjustments to the approved inspection plan by the Construction Department must report to the Director. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Based on the orientation of the Ministry of Construction's Inspection Program and the provincial inspection program, the Chief Inspector of the Construction Inspection Department is responsible for submitting to the Director of the Construction Department for approval the annual inspection plan no later than December 5 each year.
The Director of the Construction Department is responsible for reviewing and approving the annual inspection plan no later than December 15 each year.
2. The inspection plan must be sent to the Ministry of Construction's Inspection Department no later than December 25 each year.
Adjustments to the approved inspection plan
of the Ministry of Construction must report to the Minister; adjustments to the approved inspection plan of the Construction Department must report to the Director.amendm shall be used.
3. of the Construction Department.đượ orts with the Provincial Inspector to resolve overlapping activities in the construction industry inspection with local inspection agencies. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Duration shall not exceed 45 days; in complex cases, it may be extended but not more than 70 days.No.Implemented according to the provisions of Decree No. 07/2012/NĐ-CP.
Article 13. Handling Overlap in Inspection Activities
1. If the inspection plan of the Construction Department overlaps with the inspection plan of the Ministry of Construction, it shall be implemented according to the inspection plan of the Ministry of Construction.
2. The Director of the Inspectorate of the Ministry of Construction is responsible for coordinating with the Director of the Inspectorate of the province to resolve overlap in construction industry inspection activities with local inspection agencies.No.The Head of the Inspection Team has the following duties and powers:
Article 14. Authority to Issue Inspection Decisions
The Director of the Inspectorate of the Ministry of Construction and the Director of the Inspectorate of the Construction Department issue administrative inspection decisions and specialized inspection decisions. When necessary, the Minister of Construction and the Director of the Construction Department may issue inspection decisions in accordance with Clause 3, Article 6 and Clause 3, Article 9 of this Decree.
Article 15. Time Limit for InspectionsThis Resolution takes effect from the date it is adopted by the National Assembly.i hạn thanh tra
1. Specialized inspections and administrative inspections conducted by the Inspectorate of the Ministry of Construction shall not exceed 45 days, and in complex cases, they may be extended but not more than 70 days.ngRequesting or recommending the authorized person to suspend the actions of the inspected entity if they are deemed to cause serious damage to state interests, the rights and legitimate interests of organizations, institutions, and individuals;
2. Specialized inspections and administrative inspections For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;conducted by the Inspectorate of the Construction Department shall not exceed 30 days, and in complex cases or due to difficult travel conditions in mountainous areas, border regions, islands, remote and far-flung areas, they may be extended but not more than 45 days.
3. The person issuing the inspection decision has the authority to extend the inspection period in accordance with the provisions of Clause 1 and Clause 2 of this Article.
Article 16. Procedure and Formalities for Conducting Construction Industry Inspection Activities
1. The inspection activities of the Inspectorate of the Ministry of Construction and the Inspectorate of the Construction Department shall be carried out in accordance with the provisions of the Inspection Law, Decree No. 86/2011/ND-CP, and Decree No. 07/2012/ND-CP dated February 9, 2012, of the Government on agencies entrusted with specialized inspection functions and specialized inspection activities.
2. The inspection activities conducted independently by inspectors shall be carried out in accordance with the provisions of Decree No. 07/2012/ND-CP. lb. Requiring financial institutions to freeze the accounts of the inspected entity to facilitate the inspection when there is evidence that the inspected entity is disposing of assets;
Article 17. Duties and Authorities of the Head of the Inspection Team
1. During the inspection process, the Head of the Inspection Team has the following duties and authorities: trc. Imposing administrative penalties in accordance with the law on administrative violations;
a) Organizing and directing team members to implement the contents of the inspection decision accurately; tra;
b) Recommending to the person issuing the inspection decision to apply measures within the scope of duties and authorities of the person issuing the inspection decision as stipulated in Article 55 of the Inspection Law;
c) Requesting inspected entities to present business licenses, registration certificates, professional certificates, and provide information, documents, written reports, and explanations related to the inspection content;amendDrafting records of violations by inspected entities;
d) d) Inventorying assets related to the inspection content of inspected entities;i Requesting organizations, institutions, and individuals with relevant information and documents to provide such information and documents;
e) Seizing money, items, and illegal use permits according to regulations when it is deemed necessary to immediately prevent law violations or for verification as evidence for conclusions and handling;
e) f) Deciding to seal the documents of inspected entities if there is evidence of law violations; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;g) Proposing or recommending that competent authorities suspend the execution of disciplinary decisions, job transfers, or retirement orders for those collaborating with state inspection agencies or specialized inspection agencies, or who are the subjects of inspection, if it is deemed that such actions hinder the inspection process;
g) h) Requesting financial institutions to freeze the accounts of inspected entities if there is evidence that they are disposing of assets;ii) Imposing administrative penalties in accordance with laws on administrative violations;development j) Reporting to the person issuing the inspection decision about the inspection results and being responsible for the accuracy and truthfulness of the report. ld. Reporting to the decision-making authority about the inspection results and bearing responsibility for the accuracy and truthfulness of the report.
h)||| The Head of the Inspection Team may affix the stamp of the inspection agency to their signature when issuing documents to implement inspection tasks within their authority.
i) Specify the implementation of clarification obligations in Internal Regulations and Work Rules of the agency in accordance with its functions, tasks, and authorities.ìThe Head of the Inspection Team may affix the seal of the inspection agency to their signature when issuing documents to implement inspection tasks within their authority.
When it is deemed unnecessary to apply the measures prescribed in Points g, h, i, k, andớClause 1 of this Article, the Head of the Inspection Team must decide to revoke or recommend revocation of such measures immediately.
lWhen it is deemed unnecessary to apply the measures prescribed in Points g, h, i, k and
When performing duties and authorities as stipulated in Clause 1 and Clause 2 of this Article, the Head of the Inspection Team shall be accountable to the person issuing the inspection decision and to the law regarding their actions and decisions.đổ Clause 1 of this Article, the Head of the Inspection Team must immediately decide or recommend the cancellation of such measures.
When performing the duties and powers stipulated in Clause 1 and Clause 2 of this Article, the Head of the Inspection Team is responsible before the decision-making authority and the law for their actions and decisions.
2. Article 19. Re-inspection
3. The Minister decides to re-inspect a case that was concluded by the Chairman of the People's Committee of the province within the scope and authority of the Ministry of Construction management but discovered signs of violation of the law upon being assigned by the l Minister.
4. Within three working days from the date of signing the re-inspection decision, the decision-maker must send the re-inspection decision to the person who signed the original inspection conclusion and the inspected entity.
Article 18. Implementation of Inspection Conclusions
1. Within fifteen days from the date of signing the inspection conclusion or receiving the inspection conclusion, the Minister, Department Director shall be responsible for organizing and directing the implementation of the inspection conclusion.development The head of the state management agency at the same level as the agency issuing the inspection decision, the head of the public service unit, and the legal representative of the enterprise being inspected shall be responsible for issuing disciplinary decisions against individuals with violations as stated in the inspection conclusion in accordance with the laws on cadres and civil servants or labor laws.
2. Article 19. Re-inspection lPursuant to the decision to re-inspect a case that has been concluded by the Chairman of the People's Committee of the province within the scope and authority of state management of the Ministry of Construction but which was found to have signs of violation of the law when handed over by the Director. trThe re-inspection decision includes the contents prescribed in Clause 1, Article 52 of the Inspection Law. At the latest three working days from the date of signing the re-inspection decision, the person issuing the re-inspection decision must send the re-inspection decision to the person who signed the inspection conclusion and the object of re-inspection.
3. Those responsible for handling violations mentioned in the inspection conclusion and the decision on handling inspections stipulated in Clause 2 of this Article, if they fail to handle, handle untimely, or handle incompletely, shall be subject to responsibility according to the law.
Basis for re-inspection, time limit for re-inspection, duration of re-inspection, duties and powers of the decision-maker for re-inspection, head of the re-inspection team, members of the re-inspection team, reporting the results of re-inspection, conclusions of re-inspection are implemented in accordance with the Law
1. Adjustments to the approved inspection plan by the Ministry of Construction must report to the Minister; adjustments to the approved inspection plan by the Construction Department must report to the Director. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;and Decree No. 07/2012/NĐ-CP. DECREES:The re-inspection conclusion of the Chief Inspector of the Ministry of Construction is sent to the Minister and the State Inspector General. trState management.
2. The basis for re-inspection, the statute of limitations for re-inspection, the deadline for re-inspection, the duties and powers of the person issuing the re-inspection decision, the head of the re-inspection team, members of the re-inspection team, reporting the results of re-inspection, and the re-inspection conclusion shall be implemented in accordance with the provisions of the Inspection Law, Decree No. 86/201X/NĐ-CP, and Decree No. 07/2012/NĐ-CP. TLeading and directing inspection activities within the jurisdiction of the Construction Department. trChairing and coordinating with the Department of Home Affairs to develop proposals for organizational restructuring and operation of the Construction Inspection Department, submitting to the Chairman of the People's Committee of the province for approval.
3. Implementing responsibilities as stipulated in Clauses 2, 3, 4, and 6 of Article 24 of this Decree within the jurisdiction of the Construction Department. trOther agencies and organizations TThe re-inspection conclusion of the Inspector General of the Ministry of Construction shall be sent to the Minister and the Inspector General of the Government.1Responding to inquiries and requests from other agencies and organizations:
4. Providing written responses on the handling of requests in accordance with regulations; coordinating with the construction sector inspection agency and urban management forces to perform functions and tasks as prescribed.
Article 20. Summary and Reporting of Inspection Work in the Construction Sector
1. The Inspector General of the Ministry of Construction shall summarize and report to the Minister and the Inspector General of the Government on inspection work, handling complaints and denunciations, and anti-corruption efforts within their scope of responsibility.
2. The Inspector General of the Construction Department shall report to the Department Director, the Inspector General of the Ministry of Construction, and the Inspector General of the Province on inspection work, handling complaints and denunciations, and anti-corruption efforts within their scope of responsibility.
Chapter IV
INSPECTORS AND ASSISTANT INSPECTORS IN THE CONSTRUCTION SECTOR
Article 21. Inspectors in the Construction Sector
1. Inspectors in the Construction Sector are civil servants of the Inspectorate of the Ministry of Construction and the Inspectorate of the Construction Departments, appointed to the inspector rank to perform inspection tasks and other tasks assigned by the Inspector General of the Ministry of Construction and the Inspector General of the Construction Departments.
2. Inspectors in the Construction Sector have the following duties and powers:
a) Implementing duties and powers as prescribed by laws on inspection and construction laws; being accountable to the Inspector General of the Ministry of Construction, the Inspector General of the Construction Departments, and the law regarding the tasks assigned;
b) Imposing administrative penalties or recommending competent authorities to impose administrative penalties in accordance with the law.
Article 22. Uniforms, insignia, and badges of construction inspectors
1. The Minister of Construction shall stipulate the uniforms and insignia for construction inspection after coordinating with the Chief Inspector General of the Government.
2. Construction inspectors are responsible for preserving and using their inspection cards, badges, insignia, and insignias while performing their duties. It is strictly prohibited for organizations and individuals to use similar inspection cards, uniforms, insignia, badges, and insignias that may cause confusion with construction inspectors; it is also strictly prohibited for construction inspectors to use inspection cards, insignia, badges, and insignias for personal purposes. In cases where construction inspectors misuse inspection cards, insignia, or badges to commit acts contrary to the lawì they will be subject to disciplinary action or criminal responsibility according to the provisions of the law depending on the nature and severity of the violation.
Article 23. Inspection Collaborators in the Construction Sector
1. Inspection collaborators in the construction sector For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;are civil servants, employees, or individuals with deep expertise in their field, who are summoned by the Construction Ministry's Inspectorate or the Construction Department's Inspectorate to participate in inspection teams. Inspection collaborators in the construction sector are persons not included in the staffing of state inspection agencies. tr9 ||| Inspection collaborators in the construction sector are individuals with moral integrity, sense of responsibility, honesty, fairness, and objectivity. trInspection.
2. Depending on the requirements of each inspection team, the Chief Inspector summons inspection collaborators. The summoning ends when the inspection team concludes its inspection or if the inspection collaborator fails to meet the required task criteria as specified.
Inspection collaborators in the construction sector have duties, powers, and responsibilities as prescribed by law.policiesRESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN CONSTRUCTION SECTOR INSPECTION ACTIVITIES
3. Article 24. Responsibilities of the Minister of Construction
Chapter V
Leading and directing inspection activities within the scope of the Construction Ministry's management.
Approving the annual inspection plan of the Construction Ministry.
1. Promptly addressing conclusions and recommendations regarding inspection work.
2. Strengthening organizational structure; directing and ensuring funding, equipment, technical facilities, uniforms, and operational conditions for the Construction Ministry's Inspectorate.
3. Issuing specific regulations concerning uniforms, equipment, and technical devices for construction inspection.
4. Other responsibilities as prescribed by law.
5. Article 25. Responsibilities of the Chairman of the Provincial People's Committee
6. Directing the Construction Department to take the lead and coordinate with the Civil Service Department to develop proposals for strengthening the organizational structure and operations of the Department's Inspectorate.
Organizing and directing the implementation of proposals for strengthening the organizational structure, staffing, equipment, technical facilities, uniforms, and operational funding of the Construction Department's Inspectorate as proposed by the Department Director.councillORSc Qu DECREES:Issuing regulations on cooperation between the Construction Department's Inspectorate,
1. the District People's Committee, and
2. the Commune People's Committee in managing construction order within their jurisdiction.
3. Article 26. Responsibilities of the Director of the Construction Department DECREES:Leading and directing inspection activities within the scope of the Construction Department's management. DECREES:Taking the lead and coordinating with the Civil Service Department to develop proposals for strengthening the organizational structure and operations of the Department's Inspectorate, submitting them for approval by the Chairman of the Provincial People's Committee.
Implementing responsibilities as stipulated in Clauses 2, 3, 4, and 6 of Article 24 of this Decree within the scope of the Construction Department's management.
1. Ho Chi Minh City.
2. People's Committees of provinces and centrally governed cities and related agencies,in organizations, and individuals are responsible for implementing this Decree./. DECREES:y chính quyền nhân dân cấp tỉnh phê duyệt.
3. Thi hành trách nhiệm theo quy định tại các Khoản 2, Khoản 3, Khoản 4 và Khoản 6 Điều 24 Nghị định này trong phạm vi quản lý của Sở Xây dựng.
Article 27. Responsibilities for coordination between construction inspection agencies and other agencies and organizationsiandnationalinstitutionso quan, tổ chức khác
1. Responsibilities for coordination between construction inspection agencies:
a) The Ministry's Inspectorate directs specialized and professional activities related to specialized inspections for the Municipal Inspectorates;
b) The Municipal Inspectorate is responsible for coordinating, sending personnel to participate in inspection teams For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;established by the Minister of Construction or the Minister upon decision;ầquarantine upon import.
2. Responsibilities of agencies within the Construction sector:
Agencies within the Construction sector are responsible for promptly providing complete and accurate information and documents requested by construction inspection agencies to support inspection activities; assisting the Minister of Construction in timely reviewing and handling violations discovered through inspection work;
3. Responsibilities for coordination of other agencies and organizations:nationalp của các cơ quan, tổ chức khác:
a) The Department of Home Affairs is responsible for coordinating with the Department of Construction to develop proposals for improving the organizational structure and operations of the Construction Municipal Inspectorate;
b) Public security agencies at all levels are responsible for coordinating and resolving recommendations forwarded by construction inspection agencies;nationaland responding in writing on the handling of recommendations according to regulations; coordinating with construction inspection agencies and urban management forces to perform their functions and tasks as prescribed;developmenta) Units base on the accounting account system issued in this Circular to apply appropriate accounting accounts suitable for their activities.policiesn và trả lời bằng văn bản về việc xử lý kiến nghị theo quy định; phối hợplogoh với cơ quan thanh tra ngành Xây dựng, lực lượng quản lý trật tự xây dựngnationalựng thực hiện chức năng, nhiệm vụ theo quy định. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;hanh tra.
4. The responsibilities and rights of inspected subjects and related agencies, organizations, and individuals shall be implemented in accordance with Article 10 of the Inspection Law. THồ Chí Minh.
Chapter VI
IMPLEMENTING PROVISIONS
Article 28. Effective Date
1. This Decree takes effect from May 15, 2013, replacing Government Decree No. 46/2005/NĐ-CP dated April 6, 2005, on the organization and operation of Construction Inspectors.
2. Cease implementation of Decision No. 89/2007/QĐ-TTg dated June 18, 2007, of the Prime Minister on piloting the establishment of District and County Construction Inspectors and Village, Ward, and Town Construction Inspectorsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsin Hanoi City and Ho Chi Minh City.No. y chính quyền nhân dân các tỉnh, thành phố
Article 29. Responsibility for Implementation
1. The Ministry of Construction is responsible for guiding the implementation of this Decree. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen
2. of provincial people's committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./. DECREES:trực thuộc Trung ương và các cơ quan, tổ chức, cá nhân liên quan chịu trách nhiệm thi hành Nghị định này./.No. trực thuộc Trung ương và các cơ quan, t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP chức, cá nhân liên quan chịu trách nhiệm thi hành Nghị định này./.
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