Decree No. 46/2005/NĐ-CP On the organization and operation of Construction Inspection

DECREE OF THE GOVERNMENT

On the organization and operation of construction inspection

THE GOVERNMENT

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

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Inspection Law dated June 15, 2004;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Construction and the Minister of Interior,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Position and functions of Construction Inspection

Construction Inspection is organized into a system at the central level as the Ministry of Construction Inspectorate (hereinafter referred to as the Inspectorate) and at the local level as the Department of Construction Inspectorate (hereinafter referred to as the Department Inspectorate); performing administrative inspection and specialized inspection functions within the scope of state management over construction, building materials, housing and public buildings, architecture, urban construction planning, rural residential area construction planning, urban technical infrastructure according to the provisions of the law.

Article 2. Objects of Construction Inspection

1. Organizations and individuals under the direct management authority of the state management agency for Construction.

2. Vietnamese organizations and individuals participating in construction activities within and outside the country; foreign organizations and individuals participating in construction activities in Vietnam.

Article 3. Principles of Operation of Construction Inspection

1. Construction Inspection operations must comply with the law, ensuring accuracy, honesty, objectivity, transparency, democracy, and timeliness; not hindering the normal activities of inspected organizations and individuals.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, the inspector, and other members of the inspection team must strictly adhere to the legal regulations on inspection, this Decree, and shall be responsible before the law for all their actions and decisions.

Article 4. Relationships of Construction Inspection

1. The Ministry of Construction Inspectorate is directly guided by the Minister of Construction, while also being guided and instructed on work, organization, and inspection business by the Government Inspectorate.

2. The Department Inspectorate is directly guided by the Department Director; it is guided on administrative inspection work by the provincial or centrally-administered city inspectorate and on specialized inspection work by the Ministry Inspectorate.

3. Within the scope of its duties and powers, the Construction Inspection has the responsibility to coordinate with related agencies in exercising inspection rights and preventing, detecting, and handling violations of the law.

Article 5. Responsibilities of Related Agencies in the Operation of Construction Inspection

Heads of public security agencies, specialized inspection agencies, and other related agencies within their respective jurisdictions have the responsibility to coordinate with Construction Inspection in preventing, detecting, and handling violations of the law in construction activities.

Article 6. Responsibilities of Heads of State Management Agencies in the Operation of Construction Inspection

1. The Minister of Construction is responsible for organizing and directing the operation of Construction Inspection within the Ministry's jurisdiction; improving the organizational structure of the Ministry Inspectorate; equipping material facilities, technical equipment, uniforms, and other conditions to serve inspection activities; promptly addressing conclusions and recommendations of the Ministry Inspectorate according to the law.

2. The Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as provincial level) is responsible for organizing and improving the organization, equipping material facilities, technical equipment, and uniforms for the Department Inspectorate.

3. The Director of the Department of Construction is responsible for directing and ensuring operational conditions for the Department Inspectorate; promptly addressing conclusions and recommendations of the Department Inspectorate according to the law.

PART II
THE ORGANIZATIONAL SYSTEM OF CONSTRUCTION INSPECTION

Article 7. The organizational system of Construction Inspection

1. The organizational system of Construction Inspection includes:

a) The Ministry of Construction Inspectorate;

b) The Department of Construction Inspectorate.

2. Construction Inspection organizations have their own seals and bank accounts.

Article 8. The Ministry of Construction Inspectorate

1. The Ministry of Construction Inspectorate is a subordinate agency of the Ministry of Construction, performing administrative inspection and specialized inspection duties within the Ministry's jurisdiction.

The Ministry of Construction Inspectorate has departments established by the Minister of Construction.

2. The Ministry of Construction Inspectorate has the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector is appointed, relieved, or dismissed by the Minister of Construction after consultation with the Chief Inspector General; Deputy Chief Inspectors and Inspectors are appointed or relieved according to the law.

3. The Minister of Construction specifies in detail the organization, staffing, duties, and powers of the Ministry of Construction Inspectorate.

Article 9. The Department of Construction Inspectorate

1. The Department of Construction Inspectorate is a subordinate agency of the Department of Construction, performing administrative inspection and specialized inspection duties within the provincial People's Committee's jurisdiction over construction.

2. The Department Inspectorate has the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The Chief Inspector of the Department is appointed, relieved, or dismissed by the Department Director after consultation with the Provincial Chief Inspector; Deputy Chief Inspectors and Inspectors are appointed or relieved according to the law.

3. Based on local construction management requirements, the provincial People's Committee stipulates in detail the organization, staffing, and operation of the specialized construction inspection department following the guidance of the Ministry of Construction and the Ministry of Interior.

CHAPTER III
DUTIES AND POWERS OF CONSTRUCTION INSPECTION

PART 1
DUTIES AND POWERS OF THE MINISTRY OF CONSTRUCTION INSPECTORATE

Article 10. Duties and Powers of the Ministry of Construction Inspectorate

1. Taking the lead or participating in drafting normative legal documents submitted to competent authorities for promulgation; recommending competent authorities to amend, supplement, or issue normative legal documents in accordance with the requirements of state management over construction.

2. Inspecting the implementation of policies, laws, and tasks by organizations and individuals under the direct management of the Minister of Construction.

3. Performing specialized construction inspection duties as prescribed in Article 17 of this Decree.

4. Imposing administrative penalties in accordance with the law on handling administrative violations.

5. Recommending competent authorities to suspend illegal acts of organizations and individuals when there is sufficient evidence to determine that such acts cause damage to national interests, citizens' rights, and lawful benefits.

6. Assisting the Minister of Construction in organizing citizen reception, handling complaints and reports according to the law.

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

8. Guide, train professional skills for inspection activities to the Department of Inspection; guide and inspect units under the Ministry to implement legal provisions on inspection work.

9. Report periodically, report on the results of inspections and audits to the Minister of Construction and the General Inspector.

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

Article 11. Duties and powers of the Head of the Department of Inspection of the Ministry of Construction

1. Lead and direct inspection work within the scope of state management of the Ministry of Construction.

2. Develop inspection programs and plans to be submitted to the Minister of Construction for approval and organize their implementation.

3. Propose the Minister to decide on inspections when signs of law violations are detected.

4. Propose the Minister to decide or decide within his/her authority on the establishment of inspection teams, appointment of Inspectors, and summoning of Inspection Collaborators to carry out inspections as prescribed by law.

5. Recommend the Minister to temporarily suspend the execution of decisions made by organizations or individuals directly managed by the Ministry of Construction when there is evidence that such decisions violate the law or affect the inspection process.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Minister to consider responsibility and handle persons who violate laws within the Minister's jurisdiction; coordinate with heads of agencies and organizations in considering responsibility and handling persons who violate laws within the jurisdiction of those agencies and organizations.

8. Recommend the Minister to resolve issues related to inspection work; if such recommendations are not accepted, report to the General Inspector.

9. Lead the Department of Inspection of the Ministry of Construction to perform other duties and powers as prescribed by law.

PART 2
DUTIES AND POWERS OF THE DEPARTMENT OF INSPECTION OF THE PROVINCE'S CONSTRUCTION DEPARTMENT

Article 12. Duties and powers of the Department of Inspection of the Province's Construction Department

1. Inspect the implementation of policies, laws, and tasks of agencies and units under the management of the Director of the Provincial Construction Department.

2. Perform specialized construction inspection duties as stipulated in Article 17 of this Decree.

3. Impose administrative penalties according to the provisions of the Law on Handling Administrative Violations.

4. Inspect cases assigned by the Director of the Provincial Construction Department.

5. Carry out tasks related to handling complaints and denunciations as prescribed by law on complaints and denunciations.

6. Carry out tasks related to preventing and combating corruption as prescribed by law on anti-corruption.

7. Guide and inspect units under the management of the Director of the Provincial Construction Department to comply with legal provisions on inspection work; provide training on inspection procedures for Inspectors.

8. Summarize and report on the results of inspection, complaint resolution, anti-corruption efforts within the scope of provincial construction department management to relevant management agencies as prescribed.

9. Perform other tasks and powers as prescribed by law.

Article 13. Duties and powers of the Head of the Department of Inspection of the Provincial Construction Department

1. Lead and direct inspection work within the scope of the Provincial Construction Department’s management.

2. Develop inspection programs and plans to be decided by the Director of the Provincial Construction Department and organize their implementation.

3. Submit to the Director of the Provincial Construction Department for decision to conduct inspections when signs of law violations are discovered.

4. Submit to the Director of the Provincial Construction Department for decision or decide according to authority to establish inspection teams, appoint Inspectors, and summon Collaborators to carry out inspections as prescribed by law.

5. Recommend the Director of the Provincial Construction Department to temporarily suspend the execution of decisions made by units under the management of the Provincial Construction Department when there is evidence that such decisions violate the law or affect the inspection process; recommend the Director of the Provincial Construction Department to consider responsibility and handle persons who violate laws within the Provincial Construction Department's jurisdiction.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Director of the Provincial Construction Department to resolve issues related to inspection work; if such recommendations are not accepted, report to the Chief Inspector of the province and simultaneously report to the Chief Inspector of the Ministry of Construction.

8. Lead the Department of Inspection of the Provincial Construction Department to perform other duties and powers as prescribed by law.

PART 3
CONSTRUCTION INSPECTORS AND COLLABORATORS
CONSTRUCTION INSPECTION

Article 14. Construction Inspectors

1. Construction Inspectors are personnel assigned to perform inspection work at inspection organizations, appointed, relieved of duty, and issued Inspector cards according to standards set by competent state authorities.

2. Construction Inspectors must meet conditions and standards prescribed by the Minister of Construction after consultation with the General Inspector and the Minister of Home Affairs.

3. When performing inspection work, Construction Inspectors have the following obligations and powers:

a) Fulfill obligations stipulated in Clause 3, Article 19 of this Decree and other obligations prescribed by the Law on Inspection.

b) Exercise powers stipulated in Articles 40 and 50 of the Law on Inspection and other powers prescribed by law.

Article 15. Collaborators in Construction Inspection

1. Collaborators in Construction Inspection are persons summoned by the Construction Inspection to perform inspection tasks.

2. Summoning, standards, benefits, and responsibilities of Collaborators in Construction Inspection are regulated by law.

PART IV
ACTIVITIES OF CONSTRUCTION INSPECTION

Article 16. Content of administrative inspection

1. Inspect organizations and individuals directly managed by the head of the state management agency at the same level regarding compliance with policies, laws, and assigned tasks.

2. Carry out tasks of resolving complaints and petitions as prescribed by the Law on Complaints and Petitions.

Article 17. Content of specialized construction inspection

Inspect organizations and individuals in implementing national policies and laws on construction activities:

1. Procedures for project investment planning, review, and approval, total investment amount;

2. Land clearance for construction; conditions for starting construction projects;

3. Procedures for technical design and total budget estimation, project budget; construction survey work;

4. Application of construction standards and regulations;

5. Selection of contractors in construction activities;

6. Quality management of construction projects; acceptance and handover for use of construction projects; settlement and final accounting of construction projects;

7. Conditions and capabilities for construction activities of project management boards, construction consulting contractors, and construction contractors, and other organizations and individuals as prescribed by law;

8. Implementation of labor safety, protection of human life and property; fire prevention, explosion prevention, and environmental sanitation in construction sites;

9. Responsibilities of organizations and individuals in preparing construction planning tasks; contents of construction planning, authority for preparation, review, approval, adjustment, and implementation, construction management according to planning.

10. The establishment and organization of implementation of housing development orientations; programs and projects for developing new urban areas; issuance of certificates of ownership and use of houses; management and use of public offices.

11. The establishment and organization of implementation of orientations, planning, plans, programs, and projects for developing urban technical infrastructure; exploitation, management, and use of works including: sidewalks, urban roads, water supply, drainage, environmental sanitation, urban waste, cemeteries, lighting, green parks, parking lots within cities, underground works, and other urban technical infrastructure works.

12. Implementation of planning for the development of construction materials and management of the quality of construction materials used in projects.

13. Implementation of other provisions of laws on construction activities.

Article 18. Forms of inspection

1. Inspection activities are carried out in the form of program-based and plan-based inspections and surprise inspections.

2. Programmed inspections are conducted according to approved programs and plans.

3. Spot inspections shall be conducted when organizations or individuals exhibit signs of violating the law, upon request for handling complaints or denunciations, or assigned by the head of the competent state management agency.

Article 19. Inspection activity methods

1. Inspections are carried out through inspection teams or independent inspectors.

2. Inspection teams and inspectors operate according to the provisions of the Inspection Law.

3. Inspections must be carried out with a decision from the head of the Construction Inspection Agency or the competent state management agency.

4. The Head of the inspection team and Inspectors shall be responsible under the law and to the person issuing the inspection decision for their decisions and measures taken.

5. When handling violations, the Head of the inspection team and Inspectors must fully comply with the procedures prescribed by law.

Article 20. Rights and obligations of inspected entities

1. Rights of the inspected object:

a) To explain issues related to the content of the inspection;

b) To refuse to provide information and documents classified as state secrets when required by law and information and documents not related to the content of the inspection;

c) To lodge complaints with the person issuing the inspection decision regarding the decisions and actions of the Head of the Inspection Team, Inspectors, and other members of the inspection team during the inspection process if there is evidence that such decisions and actions are contrary to the law; to lodge complaints with the head of the inspection agency, the head of the competent state management agency regarding the inspection conclusions and decisions on handling inspections if there is evidence that such conclusions are contrary to the law. While waiting for resolution, the complainant must comply with those decisions.

d) To request compensation for damages according to the provisions of law;

d) Individuals who are inspected entities have the right to report illegal acts of the head of the inspection agency, the Head of the Inspection Team, Inspectors, and other members of the inspection team.

2. Obligations of the inspected object:

a) To comply with the inspection decision;

b) To provide timely, complete, and accurate information and documents according to the requirements of the inspection agency, inspection team, Inspectors, and bear responsibility under the law for the accuracy and truthfulness of the provided information and documents.

c) To comply with requests, inspection conclusions, and decisions on handling issued by the Head of the inspection authority, the Head of the inspection team, Inspectors, and the Head of the competent state agency.

CHAPTER V
TECHNICAL MATERIAL AND FINANCIAL RESOURCES FOR ACTIVITIES

Article 21. Technical Infrastructure

1. Construction Inspection Agencies shall be equipped with: headquarters; means of transportation; technical equipment; uniforms, insignia, badges, signs.

It is strictly prohibited for organizations and individuals to use similar uniforms, insignia, badges, signs causing confusion with Construction Inspection Agencies.

2. The Minister of Construction shall specify in detail:

a) Means of transportation and technical equipment of Construction Inspection Agencies;

b) Uniforms, insignia, signs, badges of Construction Inspection Agencies after reaching consensus with the General Inspector.

Article 22. Operating Budget

1. Operating funds of Construction Inspection Agencies shall be provided from the State budget and other sources as prescribed by law.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Construction to guide the operating funds of Construction Inspection Agencies.

2. Issuance, management, and use of funds in accordance with the provisions of law.

Chapter VI
REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 23. Awards

Organizations and individuals with achievements in Construction Inspection activities shall be rewarded in accordance with the provisions of law.

Article 24. Handling Violations

1. Any person obstructing, offering bribes, retaliating against persons performing inspection duties, making false accusations, violating laws on inspection; any person abusing their position, authority, or personal motives, or lacking a sense of responsibility, leading to incorrect handling of violations, conclusions, infringing upon the rights and legitimate interests of organizations and individuals shall be subject to disciplinary action, administrative penalties, and criminal liability as prescribed by law, depending on the nature and severity of the violation.

2. During the inspection process, based on the nature and severity of the violation, the Minister of Construction or the Chairman of the People's Committee of the province may decide to temporarily suspend or terminate the activities of Construction Inspectors.

Chapter VII
IMPLEMENTING PROVISIONS

Article 25. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. Repeal the provisions at Clauses 1, 2, 3, and 4 of Article 46 of Decree No. 126/2004/NĐ-CP dated May 26, 2004 of the Government on administrative penalties for violations in construction activities, management of urban infrastructure projects, and management and use of houses.

Article 26. Responsibility for Implementation

1. The Minister of Construction shall be responsible for coordinating with relevant ministries, sectors, and agencies to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.