Decree No. 52/2022/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Construction

DECREE

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

At the proposal of the Minister of Construction;

The Government promulgates this Decree to stipulate the functions, tasks, powers, and organizational structure of the Ministry of Construction.

Article 1. Position and Functions

The Ministry of Construction is an agency of the Government, performing state management functions over: Urban planning and architecture; construction investment activities; urban development; technical infrastructure; housing; public offices; real estate market; building materials; state management of public services within the scope of state management of the ministry 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 performs the tasks and powers as prescribed in Decree No. 123/2016/NĐ-CPdated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and the following specific tasks and powers:

1. Submit draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government according to the annual legislative program of the ministry that has been approved, and other resolutions, projects, programs, and plans assigned by the Government and the Prime Minister; submit to the Government and the Prime Minister strategies, plans, projects, and important national works under the jurisdiction of the Ministry of Construction.

Prime Minister.

3. Issue circulars and other documents within the scope of state management of the ministry; develop and issue, or submit to competent authorities for issuance, technical standards, national standards, economic-technical norms, typical designs, model designs, technical guidelines, criteria in the fields of state management of the ministry; guide and inspect the implementation of these documents.

4. Direct and organize the implementation of information dissemination, propaganda, popularization, and legal education within the scope of state management of the ministry; direct, guide, and inspect the organization and enforcement of laws related to the industry and sector entrusted by the ministry throughout the country; organize and direct the implementation of strategies, plans, and programs within the fields of state management of the ministry.

5. On urban planning and architecture:

a) Organize the review of tasks and urban planning projects within the approval authority of the Prime Minister or review and approve according to the assignment of the Prime Minister; organize the preparation, review, and submission to the Prime Minister for approval of the National System of Urban and Rural Town Planning, Master Plans for Cities, Underground Space Urban Master Plans, and General Urban Construction Plans for Functional Areas when assigned by the Prime Minister;

b) Take the lead in preparing, reviewing the urban planning component in the overall national master plan, regional master plans, and other plans as prescribed;

c) Issue norms, unit prices, methods for preparing and managing costs in the preparation, review, and implementation of urban planning, city design, and architectural control regulations;

d) Develop guidelines for the development of Vietnamese architecture suitable for each stage, submit to the Prime Minister for approval and issuance;

đ) Develop and manage a database on urban planning and architecture connected with the land database nationwide;

e) Guide and inspect the implementation of legal provisions on urban planning, city planning, city design, spatial management according to planning and architectural control regulations (including surface and underground space), urban and rural architecture.

6. Regarding construction investment activities:

a) Guide and inspect the implementation of legal provisions on the preparation, review, and approval of construction investment project proposals and the management of construction investment project implementation; review feasibility studies for construction investment projects within the authority prescribed by law; guide the application of building information modeling in the construction investment process and operation;

b) Guide and inspect the preparation, review, and approval of detailed construction designs and construction budgets; review detailed construction designs and construction budgets according to the provisions of law;

c) Monitor and evaluate comprehensive investment in construction investment activities within the authority; guide and inspect the implementation of national key construction projects according to the law; perform the owner's tasks and powers for construction investment projects assigned by the Prime Minister;

d) Guide and inspect the issuance, reissuance, adjustment, extension, revocation, and cancellation of construction permits and construction order management; suspend construction or request the provincial People's Committee to suspend construction and handle violations or cancel construction permits when discovering incorrect issuance of construction permits or construction projects violating construction order management regulations;ồi, revoke construction permits when discovered;

đ) Implement management of bidding activities in construction activities according to the Construction Law and the Bidding Law;

e) Guide and inspect the issuance and revocation of business licenses for foreign contractors operating in Vietnam according to the law;

g) Guide and inspect the implementation of legal provisions on contracts in construction activities and PPP project contracts according to the law; guide methods for adjusting construction contract prices; publish model construction contracts;

h) Issue, guide, and inspect the implementation of regulations on construction investment cost management; stipulate the application of necessary tools in construction investment cost management work; guide the content, methods for determining and managing construction investment costs; stipulate the determination of new norms, adjustment of norms; stipulate the determination of construction price indices in areas involving two or more provinces; issue construction norms; announce investment capital rates for construction, comprehensive construction prices, national construction price indices, norms for various losses, and basic data for calculating machine rates;

i) Manage and guide public-private partnership investment activities within the scope of the Ministry of Construction's state management according to laws on public-private partnerships;

k) Guide and inspect quality management of construction projects during surveying, design, construction, acceptance, handover, warranty, and maintenance phases; conduct regular or spot inspections, handle or recommend handling violations related to project quality; suspend or recommend suspending construction and require investors, consultants, contractors to rectify when project quality does not meet requirements or construction work does not comply with labor safety regulations; organize inspections of construction project acceptance procedures as prescribed by law;

l) Guide specialized construction testing activities, construction certification; inspect, evaluate, and issue certificates for qualified specialized construction testing activities; guide and implement, within their authority, construction appraisal, judicial construction appraisal, and cause investigation appraisals during construction and operation phases;

m) Implementing the tasks of the State Acceptance Council for construction project acceptance work; organizing and reviewing awards for construction project quality;

n) Guide and inspect maintenance work of construction projects, assess safety during operation and use; announce and guide the handling of projects that have exceeded their service life as prescribed by law;

o) Guide and inspect the implementation of laws regarding the qualifications for engaging in construction activities of individuals and organizations participating in construction activities;

p) Stipulate examination procedures for issuing various types of construction practice certificates; guide and inspect the issuance and management of such certificates; implement the issuance of Class I construction practice certificates for individuals and Class I construction capability certificates for organizations as prescribed by law;

q) Establish and manage the public disclosure of lists of individuals and organizations granted construction practice certificates and construction capability certificates as prescribed by law; establish and manage databases on construction norms, construction project prices, and construction price indices as prescribed by law;

7. View urban development:

a) Develop strategies, programs, plans, and important national projects on urban development; indicators for urban development fields in national socio-economic development tasks at each stage;

b) Develop and submit to competent authorities for issuance or issue within their authority mechanisms, policies, and regulations on: Urbanization process management; urban space management and development (including surface and underground spaces), urban development models; urban upgrading, renovation, and beautification plan management, enhancing urban resilience to climate change; exploitation, use, and transfer of urban area management; urban classification criteria and standards; establishment and management of urban utility service costs, urban development area planning and evaluation costs, urban development programs, urban classification proposals, and reports;

c) Reviewing and submitting to competent authorities for approval urban development programs, urban development areas, and urban development projects as prescribed by law;

d) Review and submit to the Prime Minister for decision on recognizing special, first, and second-tier cities; decide on recognizing third and fourth-tier cities;

đ) Guide and inspect the implementation of urban development mechanisms, policies, and laws; guide, inspect, and organize annual urban classification evaluations based on established criteria and standards; guide urban construction order management;

f) Guiding and inspecting the management and use of land for urban construction according to approved urban development plans;

g) Organizing promotional and coordination activities for domestic and foreign resources for urban development investment as prescribed by law and assigned by the Government;

h) Organizing the construction, integration, management, and exploitation of the national urban data system;

8. Regarding technical infrastructure, including: Urban and industrial zone water supply; urban and rural concentrated residential area and industrial zone drainage and wastewater treatment; solid waste collection, storage, and treatment facility management; urban parks and greenery; urban lighting; non-war veteran cemeteries and crematoria facilities; urban transportation infrastructure structure; urban underground construction management; common use management of urban technical infrastructure facilities:

a) Develop orientations, strategies, proposals, and national programs on technical infrastructure development; national indicators for technical infrastructure fields in national socio-economic development tasks at each stage and organize implementation after approval;

b) Organize reviews of technical infrastructure master plans for centrally-administered municipalities classified as special-tier cities;

c) Guide the development of technical infrastructure development plans according to technical infrastructure development orientations, regional, provincial, urban, and rural master plans; construction projects for technical infrastructure development as assigned by the Prime Minister;

d) Develop mechanisms, policies, and regulations on technical infrastructure development, operation, exploitation, use, and handover systems and technical infrastructure service provision;

đ) Manage technical infrastructure services according to law; guide technical procedures, cost establishment and management, and pricing methods for technical infrastructure services;

e) Guide and inspect clean water business operations and ensure safe water supply; management, operation, and business service activities of crematorium facilities;

g) Establish and promulgate technical standards for urban infrastructure construction; stipulate the classification of urban roads; build and submit to competent authorities for issuance national standards on urban road construction;

h) Build and submit to competent authorities for issuance or issue according to their authority regulations on conformity assessment and technical infrastructure capacity for investment construction projects;

i) Guide, monitor, and inspect the implementation of laws and regulations on technical infrastructure;

9. Regarding housing:

a) Develop the National Housing Strategy for each period, housing development targets, and annual housing plans within the national socio-economic development tasks and phases; organize implementation after approval by the Prime Minister;

b) Develop mechanisms, policies, and solutions for social housing development, supporting housing for specific groups benefiting from social housing support as prescribed by law;

c) Specify and guide criteria for determining housing needs in housing development programs and plans; guide budget standards for local housing development programs and plans;

d) Build and submit to competent authorities for issuance or issue according to their authority mechanisms, policies for mobilizing resources to develop housing nationwide; key housing development programs, projects according to assigned tasks by the Government and Prime Minister; guide and inspect implementation after approval;

đ) Review contents related to housing to submit to the Prime Minister for decision or investment proposal approval according to investment and housing laws; recognize investors for housing construction projects under the Prime Minister's investment proposal approval authority;

e) Issue regulations on housing classification criteria, management and usage rules, operation management systems, warranty and maintenance regimes for various types of housing; issue training and capacity building programs for apartment building management operations;

g) Build and submit to the Prime Minister for issuance housing standards for public service; review public service housing needs, development plans for central agencies (excluding the Ministry of Defense and the Ministry of Public Security);

h) Guide methods for determining public service housing rental prices, sale prices, rental prices, purchase rental prices for social housing; methods for determining management and operation service costs for housing; guide about beneficiaries, conditions, selection procedures for housing support policy recipients;

i) Organize creation, management, and leasing of government public service housing according to the Prime Minister's assignment;

k) Guide regulations on conditions and criteria for selecting investors for social housing construction projects, design standards, and minimum construction conditions for social housing built individually by households or individuals;

l) Propose housing investigation and statistics programs across multiple provinces and centrally-administered cities for the Prime Minister's consideration and decision, and organize implementation after approval;

m) Build and manage the national housing information system and database under the ministry's state management scope, connect and share with the national land database according to law;

10. VRegarding office premises:

a) Organize planning and review of the development of administrative office systems for state-owned agencies, offices of political-social organizations, and public institutions at the central level; direct, guide, and inspect implementation after Prime Minister approval;

b) Guide and inspect provincial People's Committees in planning the development of administrative office systems for state-owned agencies, offices of political-social organizations, and public institutions at the local level;

c) Issue technical standards and lead in developing national technical standards for office construction, office operation maintenance systems for administrative agencies and public institutions to submit to competent authorities for issuance;

11. On the real estate market:

a) Develop proposals and policies for real estate market development and management; direct implementation after Prime Minister approval;

b) Lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees in organizing real estate business implementation and management;

c) Specify requirements for issuing real estate brokerage licenses; establishment and operation of real estate trading floors;

d) Guide real estate brokerage knowledge training and trading floor management training; issue real estate broker license templates; guide and inspect real estate broker license issuance and management;

đ) Inspect compliance with laws on real estate business;

e) Build and manage the national real estate market information system and database within the assigned state management scope, connect and share with the national land database; build and publish real estate market evaluation indices according to law;

12. On construction materials:

a) Organize the development and submission to competent authorities of housing material management and development policies;

b) Organize planning, review, and submission to competent authorities for approval of exploration, exploitation, processing, and utilization planning for construction materials minerals according to planning and mineral laws; guide and inspect mineral resource planning implementation after Prime Minister approval;

c) Propose and report to the Prime Minister to encourage or restrict construction material development, production, use, import, and export; issue technical index regulations and guide mineral export procedures for construction materials according to law;

d) Propose to the Prime Minister to stipulate the roadmap for limiting and eliminating construction material production facilities with outdated technology, high raw material consumption, high energy consumption, and causing environmental pollution; the roadmap for using non-fired construction materials, resource-saving and energy-efficient construction materials, environmentally friendly construction materials, and domestically produced construction materials.

đ) Guide and inspect the People's Committees of provinces and centrally governed cities in the establishment, examination, approval, and management of implementation of local construction material development programs and plans; local schemes for exploration, exploitation, and utilization of common construction materials in provincial planning.

e) Guide and inspect localities and enterprises in implementing legal provisions on product quality and goods quality of construction materials;

g) Guide activities related to the assessment and evaluation of the quality of construction material products; the quality of construction material minerals; designate and manage the activities of conformity assessment organizations serving state management requirements for the quality of construction material products and goods; guide and inspect testing, inspection, and certification activities regarding the quality of construction material products and goods and building components.

h) Issue or submit to competent authorities for issuance national technical standards and regulations on construction materials, lists, conditions, and technical standards for construction materials subject to import and export; restricted import and export construction materials; construction materials subject to conditional business; guide and inspect their implementation.

i) Guide and inspect localities and enterprises in implementing legal provisions on the production and use of resource-saving, energy-efficient, and environmentally friendly construction materials in construction projects.

13. Viewing labor safety during construction:

a) Take the lead in developing national standards on labor safety and construction, and promulgate national technical standards on labor safety and hygiene within its management scope;

b) Implement state management over machinery, equipment, materials, and substances with strict requirements for labor safety used in construction; establish detailed lists of types of machinery, equipment, materials, and substances with strict requirements for labor safety under the department's authority to send to the Ministry of Labor, Invalids, and Social Affairs for promulgation; develop and issue inspection procedures and guide and inspect inspection activities of machinery, equipment, and materials with strict requirements for labor safety under the department's authority after receiving comments from the Ministry of Labor, Invalids, and Social Affairs.

Establish, manage, and update databases on technical safety inspections for machines, equipment, and materials with strict requirements for labor safety used in construction;

c) Organize training, upgrading, and examination of inspection skills for machines, equipment, and materials with strict requirements for labor safety and hygiene for inspection objects under its management;

d) Issue, extend, reissue, revoke Certificates of Eligibility for Technical Safety Inspection Activities and issue, reissue inspection certificates under the department's authority, and publish them on the Ministry of Construction's electronic information website;

đ) Guide the implementation of statistics, declaration, investigation, and reporting of technical accidents causing loss of labor safety during construction; guide and inspect labor safety and hygiene under the department's authority.

14. Regarding environmental protection, climate change response, and energy conservation and efficiency:

a) Direct and guide the integration of environmental protection, climate change response, and energy conservation and efficiency plans and programs into strategies, plans, and programs for the development of sectors under the department's state management according to law;

b) Develop and issue normative legal documents on environmental protection, climate change response, and energy conservation and efficiency in sectors under the department's management according to law;

c) Develop and implement environmental protection, climate change response, and energy conservation and efficiency activities within the scope of the department's management.

15. Viewing science and technology:

Develop, guide, and implement the Science and Technology Strategy and Innovation in the Construction Industry; organize the transfer and application of science and technology in management fields; organize the review, evaluation, and recognition of construction technologies and scientific and technological progress within the scope of the department's state management; develop and guide, inspect measurement and product quality management activities in the Construction Industry.

16. Organize the implementation of tasks related to digital transformation, information technology application, and e-Government construction in the Construction Industry according to law; build and manage the national information system and database on construction activities; manage and provide information for investment and construction activities; build and manage the operation of online public service delivery systems in areas under the Ministry of Construction's state management as assigned by the Government and the Prime Minister.

17. Organize the implementation of statistical work and archive documentation and data on areas under the department's state management according to law.

18. Decide specific policies and measures and direct the implementation of operational mechanisms for service organizations under the department's management according to law; manage and direct the activities of affiliated public institutions.

19. Exercise ownership rights and responsibilities at state-owned enterprises and enterprises with state capital contributions under the department's management according to law.

20. Manage, guide, and inspect the implementation of incentive and support policies for the development of collective economic forms and cooperatives in the industry and sectors under the department's state management; guide and inspect compliance with business regulations for industries and professions subject to conditional business under the department's state management.

21. Build and organize the implementation of programs and projects to encourage, support, and promote the development of construction machinery products.

22. Develop and implement the Master Plan for Human Resource Development and the Strategy for Training and Developing Human Resources in the Construction Industry; coordinate with the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to develop training programs for architects, engineers, and other vocational levels within the Construction specialties; develop and organize training and professional development programs for officials, civil servants, and employees in the Construction Industry; develop and organize training and professional development programs on construction management and urban development for leadership and professional urban officials at all levels.

23. Develop and implement international cooperation plans and integration plans in the fields under the State management of the ministry according to the assignment of the Government; organize negotiations, signing, and implementation of international treaties on behalf of the Government according to the authorization of the Government; organize negotiations, signing, and implementation of international agreements on behalf of the ministry as prescribed by law; participate in international organizations according to the assignment of the Government.

24. Decide and direct the implementation of the administrative reform plan of the ministry according to the objectives and contents of the overall administrative reform program approved by the Prime Minister.Comprehensiveadministrative reform program approved by the Prime Minister.

25. Perform tasks and powers over associations and non-governmental organizations within the scope of the ministry's State management as prescribed by law.

26. Conduct inspections and audits; receive citizens; resolve complaints, denunciations, suggestions, and reflections; supervise, inspect, and handle post-inspection matters; prevent and combat corruption and malpractice and handle violations of laws in areas under the ministry's State management.

27. Manage organizational structure, staffing, cadres, civil servants, the number of public officials, and the number of workers under labor contracts; implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials under the ministry's management as prescribed by law.

28. Prepare the budget estimate of the ministry; coordinate with the Ministry of Finance and the Ministry of Planning and Investment to establish and consolidate revenue and expenditure budget estimates by sector and field under the ministry's management for submission to the Government for approval by the National Assembly; manage, organize the implementation, and settle the state budget assigned; manage and be responsible for state assets allocated; perform other tasks related to the state budget, finance, and assets as prescribed by law.

29. Perform other tasks assigned or authorized by the Government or the Prime Minister.

Article 3. Organizational Structure of the Ministry

1. Department of Planning and Architecture.

2. Department of Building Materials.

3. Department of Science, Technology, and Environment.

4. Division of Planning and Finance.

7. Ministry Office;

6.Department of International Cooperation.

7. Cadre and Civil Servant Organization Department.

8. Office.

9. Inspectorate;

10. Economic Construction Bureau.

11. Construction Activity Management Bureau.

12. State Quality Control Bureau for Construction Projects.

13. Urban Development Bureau.

14. Technical Infrastructure Bureau.

15. Real Estate Management and Market Bureau.

16. Academy of Construction Management and Urban Development.

17. Construction Newspaper.

18. Construction Magazine.

19. Information Center.

Units from Clause 1 to Clause 15 of this Article are organizations assisting the Minister in performing State management functions; units from Clause 16 to Clause 19 of this Article are public service units directly under the ministry.

The Minister of Construction shall submit to the Prime Minister for decision the list of other public service units under the ministry.

The Minister of Construction shall stipulate the functions, tasks, powers, and organizational structures of departments, bureaus, offices, inspection bodies, public service units, and other units under the ministry as prescribed by law.

Article 4. Transitional Provisions

The Southern Working Bureau shall continue to perform its tasks until the Minister of Construction issues a decision stipulating the functions, tasks, powers, and organizational structure of the Office.

Article 5. Effective Date

1. This Decree takes effect from August 8, 2022.

2. This Decree replaces Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction.

Article 6. Responsibility for Implementation

The Minister of Construction, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial, municipal People's Committees directly under the central government are responsible for implementing this Decree.