Decree No. 36/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Construction

DECREE

Article specifies the functions, tasks, authorities, and 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;

The Ministry of Education and Training is an agency of the Government responsible for managing state affairs in education including: preschool education, general education, vocational secondary education, higher education, postgraduate education, and non-formal education; managing state services within the sectors under the Ministry's jurisdiction; representing the State's ownership interest in enterprises with state capital within the Ministry's management scope in accordance with the law.

Considering the proposal of the Head of the Cadre and Civil Service Department,

At the proposal of the Minister of Construction and the Minister of Home Affairs.

DECREE:

Article 1. Position and Functions

The Ministry of Construction is an agency of the Government responsible for performing state management functions in the following areas: construction; building materials; housing and public offices; architecture, urban planning, rural construction planning; urban technical infrastructure; state management of public services, and representing the state's ownership interest in enterprises with state capital in the fields under the Ministry’s state management according to the provisions of the law.

Article 2. Tasks and Powers

The Ministry of Construction is responsible for carrying out tasks and authorities as stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002, of the Government on the functions, tasks, authorities, and organizational structure of ministries and ministerial-level agencies, and the specific tasks and authorities listed below:

1. Submit draft laws, ordinances, and other regulatory legal documents concerning the areas of state management of the Ministry to the Government and the Prime Minister;

2. Submitting to the Government and the Prime Minister strategies, plans, long-term plans, five-year plans, annual plans, national programs and projects, and other important works within the fields of the Ministry’s state management;

3. Issue decisions, directives, and circulars within the scope of state management of the Ministry;

4. Directing, guiding, inspecting, and being responsible for implementing regulatory legal documents, strategies, plans, and other laws within the scope of the Ministry’s management after approval; promoting, disseminating, educating about the law, and providing information on the fields of the Ministry’s state management;

5. On construction:

a) Submitting to the Government regulations on the division of responsibilities and delegation of management of construction activities: from project initiation and implementation management, surveying, design, installation, acceptance, warranty to maintenance of construction works;

b) Reviewing investment construction projects (on planning, architecture, preliminary design), reviewing technical designs and total estimates of construction works according to the Government's assignment; guiding and inspecting the review work, technical design, and total estimate of construction works according to the regulations on investment and construction management;

c) Guiding and inspecting bidding activities in construction according to the law on bidding;

d) Uniformly managing the quality of construction works; organizing and being responsible for the quality inspection of construction works according to the Government's classification;

đ) Uniformly managing the issuance of construction permits according to the law; specifying the conditions of capacity for organizations and individuals participating in construction activities;

e) Guiding the management and archiving of survey, design, and completion documents of construction works according to the law on archives;

6. On building materials:

a) Uniformly managing activities related to the evaluation and assessment of production technology and product quality of building materials;

b) Guiding and inspecting the management of material quality used in construction works;

7. On management and development of housing:

a) Taking the lead and coordinating with relevant agencies to build solutions and policies for urban housing market management, directing and implementing according to the Government's assignment and classification;

b) Building and submitting to the Government for approval urban planning, construction standards for administrative office buildings;

c) Uniformly managing housing and office buildings;

d) Issuing regulations on model designs, typical designs, warranty and maintenance systems for civil service housing, working premises of Party and State agencies, mass organizations from central to local levels;

đ) Guiding the investigation, consolidation, and evaluation of housing funds, civil service housing, and working premises;

e) Guiding provincial and centrally-administered city people's committees in issuing ownership certificates for housing according to the law;

g) Uniformly managing the exploitation and use of land for urban construction according to approved urban construction planning;

8. On architecture, urban planning, and rural construction planning:

a) Submitting to the Government regulations on the division of responsibilities and delegation of management of architecture, regional planning, urban planning, rural construction planning, and urban classification;

b) Deciding on urban classification according to the Government's classification;

c) Uniformly managing architecture, urban planning, and rural construction planning;

d) Reviewing, approving, and being responsible for the content of reviews of urban construction planning projects according to the Government's classification;

đ) Building and submitting to the Government for approval conditions for practicing architects, guiding the implementation of copyright law provisions for architectural works;

9. On urban technical infrastructure (sidewalks, urban roads, water supply, drainage, lighting, parks, green spaces, urban waste, cemeteries, parking lots in cities):

a) Submitting to the Government regulations on the classification of management of urban construction planning and exploitation of urban technical infrastructure works;

b) Uniformly managing urban technical infrastructure;

c) Guiding and inspecting the management of urban construction planning of urban technical infrastructure works;

10. Implementing international cooperation in the fields of the Ministry’s state management according to the law;

11. Organizing and directing the implementation of scientific research plans, application of scientific and technological progress in the fields of the Ministry’s state management;

12. Deciding on specific policies and measures and directing the operation mechanism of public service organizations under the Ministry's management according to the law; managing and directing the activities of affiliated organizations under the Ministry;

13. Performing specific tasks and authorities belonging to the representation of the state's ownership interest in enterprises with state capital under the Ministry's management according to the law;

14. Managing economic organizations and private businesses operating in the fields under the Ministry’s management according to the law;

15. Managing the activities of associations and non-governmental organizations in the fields under the Ministry’s state management according to the law;

16. Inspecting, checking, resolving complaints, denunciations, combating corruption and malpractice, and handling violations of laws in the fields under the Ministry’s state management authority.

17. To decide and direct the implementation of the Ministry's administrative reform program according to the objectives and content of the State administrative reform program approved by the Prime Minister;

18. To manage organizational structure and staffing; to direct the implementation of salary systems and other incentive policies, rewards, disciplinary measures, and other regulations for civil servants and public officials under the Ministry’s jurisdiction; to train and provide professional development for cadres, civil servants, and public officials in the construction sector;

19. To manage financial resources and assets assigned, and to organize the implementation of the budget allocated in accordance with the provisions of the law;

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Architecture and Urban Planning;

2. Department of Urban Technical Infrastructure;

3. Department of Surveying and Construction Design;

4. Department of Building Materials;

5. Department of Planning and Statistics;

6. Department of Economy and Finance;

7. Department of Science and Technology;

8. Department of Installation Works;

9. Legal Affairs Department;

10. International Cooperation Department;

11. Cadre and Civil Servant Management Department;

12. Inspectorate;

13. Office;

14. National Quality Control Agency for Construction Projects;

15. Housing Management Bureau;

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Construction Economics;

2. Institute of Construction Science and Technology;

3. Institute of Urban and Rural Planning;

4. Institute of Building Materials;

5. Hanoi University of Architecture;

6. Ho Chi Minh City University of Architecture;

7. Training and Development Institute for Construction Cadres;

8. Information Technology Center;

9. Construction Magazine;

10. Construction Newspaper;

The Minister of Construction shall take the lead and coordinate with the Minister of Home Affairs to develop a restructuring plan for architectural research institutes and other subordinate units currently under the Ministry of Construction, to be submitted to the Prime Minister for decision;

Article 4. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Government Decree No. 15/CP dated March 4, 1994 on the functions, tasks, powers, and organizational structure of the Ministry of Construction and any previous regulations that conflict with this Decree;

Article 5. Responsibility for Implementation

The Minister of Construction, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.