Decision No. 89/2007/QĐ-TTg Pilot Establishment of Construction Inspection at District and Commune Levels in Hanoi and Ho Chi Minh City

DECISION

Pilot the establishment of Construction Inspection at district and county levels, and Construction Inspection at commune, ward, and town levels in Hanoi City and Ho Chi Minh City.

Pilot the establishment of Construction Inspection at district and county levels (hereinafter referred to as District-level Construction Inspection) and Construction Inspection at commune, ward, and town levels (hereinafter referred to as Ward-level Construction Inspection) in Hanoi City and Ho Chi Minh City as follows:

_______________________________

PRIME MINISTER

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

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law on Housing dated November 29, 2005;

Pursuant to the Administrative Violation Handling Decree on July 2, 2002;

Pursuant to Resolution No. 20/2007/NQ-CP of the Government's regular meeting in March 2007 dated April 11, 2007;

Pursuant to Decree No. 81/2007/NĐ-CP of the Government dated May 23, 2007 stipulating the organization and specialized departments for environmental protection in state agencies and state-owned enterprises;

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

DECISION:

Article 1. Pilot the establishment of Construction Inspection at district and county levels, and Construction Inspection at commune, ward, and town levels in Hanoi City and Ho Chi Minh City.

Pilot the establishment of Construction Inspection at district and county levels (hereinafter referred to as District-level Construction Inspection) and Construction Inspection at commune, ward, and town levels (hereinafter referred to as Ward-level Construction Inspection) in Hanoi City and Ho Chi Minh City as follows:

1. To improve and consolidate the organization of District-level Construction Inspection (which has been piloted according to Decision No. 100/2002/QĐ-TTg dated July 24, 2002 of the Prime Minister) and establish Ward-level Construction Inspection in Hanoi City.

2. To establish District-level Construction Inspection and Ward-level Construction Inspection based on restructuring the existing urban management teams at district and county levels and urban management groups at commune, ward, and town levels in Ho Chi Minh City.

Article 2. Position and functions

1. District-level Construction Inspection is an inspection organization under the People's Committee at the district level; it assists the Chairman of the People's Committee at the district level in performing inspection work and tasks and powers regarding urban construction management within its jurisdiction and other areas as prescribed by law.

District-level Construction Inspection is subject to the direction and management of the People's Committee at the district level concerning organization, staffing, and work operations; it also receives professional guidance from the Construction Inspection Office. District-level Construction Inspection has its own office space, separate seal, and bank account at the State Treasury, and is equipped with necessary working tools as prescribed by law.

2. Ward-level Construction Inspection is an inspection organization under the People's Committee at the ward level; it assists the Chairman of the People's Committee at the ward level in performing inspection work and tasks and powers regarding urban construction management within its jurisdiction and other areas as prescribed by law.

Ward-level Construction Inspection is subject to the direction and management of the People's Committee at the ward level concerning organization and work operations; it also receives professional guidance from District-level Construction Inspection. Ward-level Construction Inspection has its workplace arranged by the Chairman of the People's Committee at the ward level, is equipped with necessary working tools as prescribed by law, and uses the seal and account of the People's Committee at the ward level for its activities.

Article 3. Tasks, powers, and responsibilities of District-level Construction Inspection

1. To develop programs and plans for the dissemination, popularization, and education of laws and for inspections and checks on compliance with laws in construction activities within its jurisdiction to be approved and implemented by the Chairman of the People's Committee at the district level.

2. To conduct inspections and checks on project owners and construction contractors within its jurisdiction regarding compliance with laws on construction; to handle violations within its authority; to decide to halt construction works that violate laws but are not promptly addressed or due to lax management; to recommend the Chairman of the People's Committee at the district level to handle cases of violations exceeding the authority of the Chairman of the People's Committee at the ward level.

3. To request relevant state management agencies to provide documents such as planning and design files for construction projects, construction permits, and related materials for inspection and check purposes; to require project owners to present construction permits and related materials for construction projects.

4. To prepare case files on violations of laws in construction activities by project owners and construction contractors that may constitute criminal offenses to recommend the Chairman of the People's Committee at the district level to transfer them to the competent investigation agency for handling as prescribed by law.

5. To recommend the Chairman of the People's Committee at the district level to handle civil servants under their management who violate laws on urban construction or lack responsibility in performing their duties.

6. To compile and periodically or urgently report to the Chairman of the People's Committee at the district level and the Construction Inspection Office about the situation of urban construction within its jurisdiction.

7. To resolve complaints and denunciations in construction activities within its jurisdiction either within its authority or by recommending the Chairman of the People's Committee at the district level to resolve them.

8. To be responsible before the People's Committee at the district level and the law for urban construction management within its jurisdiction.

9. To perform other tasks as prescribed by law or assigned by the Chairman of the People's Committee at the district level.

Article 4. Organization and staffing of District-level Construction Inspection

1. District-level Construction Inspection has a Chief Inspector, 1 to 2 Deputy Chief Inspectors, and several Inspectors.

The Chief Inspector and Deputy Chief Inspectors are appointed and relieved of duty by the Chairman of the People's Committee at the district level in accordance with the law. The Chief Inspector of District-level Construction Inspection is responsible before the Chairman of the People's Committee at the district level and the law for all activities of District-level Construction Inspection. Deputy Chief Inspectors at the district level perform tasks assigned by the Chief Inspector and are responsible before the Chief Inspector and the law for the areas they are assigned.

2. Staffing of District-level Construction Inspection consists of 15 to 20 Inspectors and some other positions (drivers, accountants, secretaries兼任档案管理员，打字员兼出纳).

Based on the scale, characteristics, and needs of urban construction management within its jurisdiction, the Chairman of the People's Committee of the city decides specifically on the staffing of District-level Construction Inspection in districts and counties.

Article 5. Tasks, powers, and responsibilities of Ward-level Construction Inspection

1. To lead and coordinate with organizations within the political system at the ward level in guiding, publicizing, and mobilizing organizations and citizens to comply with legal regulations on construction order, land management and use, and environmental protection within the ward area.

2. Receive and confirm the submission of project owners constructing projects of relevant documents and materials related to construction activities on the territory according to points a and b, Clause 2, Article 7 of this Decision.

3. Inspect and check project owners constructing projects within the territory regarding their compliance with legal regulations on planning and design for construction that have been approved by competent authorities; identify and promptly apply measures to prevent and handle violations such as unauthorized construction; construction contrary to permits; encroachment on technical infrastructure and other construction projects' protective zones as prescribed by law; encroachment on sidewalks and streets; expansion and encroachment on space; violation of environmental protection laws, land management and use laws, and other construction-related illegal acts.

4. Draft violation records concerning construction law (require construction project owners to stop construction immediately and dismantle illegal projects); submit to the Chairman of the People's Committee at the ward level for decisions to halt construction and forcibly demolish illegal projects according to procedures stipulated in Articles 9 and 10 of this Decision. The case handling files must be sent to the Construction Inspection Office at the district level for reporting and archiving at the People's Committee at the ward level.

5. Publicly announce daily on the ward-level radio station and mass media about all cases of construction violations within the managed area and the forms of punishment applied.

6. Summarize the construction order situation within the territory, regularly or urgently report to the People's Committee at the ward level and the Construction Inspection Office at the district level.

7. Notify the workplace units of officials, civil servants, and employees who violate construction, housing, land management and use, and environmental protection laws during construction, renovation, and repair activities.

8. Be responsible before the Chairman of the People's Committee at the ward level and the law for failing to detect and promptly handle construction, land management and use, and environmental protection law violations within the territory.

9. Perform other tasks as prescribed by law or assigned by the Chairman of the People's Committee at the ward level.

Article 6. Organization and staffing of the Construction Inspection Office at the ward level

1. The Construction Inspection Office at the ward level is under the responsibility of the Deputy Chairman of the People's Committee at the ward level, accountable to the Chairman of the People's Committee at the ward level, the Construction Inspection Office at the district level, and the law for all activities of the Construction Inspection Office at the ward level.

2. Staffing of the Construction Inspection Office at the ward level falls within the administrative staffing quota of the district level, consisting of three to four inspectors.

Based on the scale, characteristics, and needs for construction order management within the territory, the Chairman of the People's Committee at the district or county level decides specifically on the staffing of Construction Inspection Offices in communes, wards, and towns.

Article 7. Rights, obligations, responsibilities, and prohibited actions for construction project owners

1. Construction project owners have the following rights:

a) To obtain construction permits for building, renovating, and repairing projects and houses in accordance with the law;

b) To construct, renovate, and repair projects and houses in accordance with the issued permit (in cases exempted from permits according to the law, they must comply with point b, Clause 2, Article 7 of this Decision and other relevant legal provisions);

c) To refuse unlawful requests from construction inspectors and related organizations and individuals regarding construction permits and projects;

d) To lodge complaints and reports against violations of construction inspectors and related organizations and individuals;

đ) Other rights as prescribed by law.

2. Obligations of construction project owners:

a) To notify in writing and submit to the Construction Inspection Office at the ward level copies of the construction permit and other related documents certified according to Decree No. 79/2007/ND-CP dated May 18, 2007 of the Government on issuing copies from original books, certifying copies from originals, and certifying signatures, within seven working days before starting construction works as stipulated in point c, Clause 2, Article 68 of the Construction Law;

b) In cases where construction projects do not require construction permits according to Article 62, Clause 1 of the Construction Law and Article 9, Decree No. 112/2006/ND-CP dated September 29, 2006 amending and supplementing Article 17, Clause 1 of Decree No. 16/2005/ND-CP dated February 7, 2005 of the Government on managing investment construction projects, the project owner must notify in writing and submit certified copies of other related documents (if any and excluding state secrets) according to Decree No. 79/2007/ND-CP mentioned above to the Construction Inspection Office at the ward level within seven working days before starting construction works as stipulated in point c, Clause 2, Article 68 of the Construction Law;

c) To ensure safety for construction projects and adjacent structures; compensate for damages caused according to the law; not to cause environmental pollution in nearby areas; not to create noise after 11 PM until 5 AM in residential areas; not to obstruct traffic or pollute the environment with construction materials and equipment;

d) To cover all costs for organizing the execution of decisions to forcibly demolish illegal projects;

đ) To fulfill other obligations as prescribed by law.

3. Responsibilities of construction project owners:

a) To strictly adhere to the provisions stated in the construction permit and other relevant legal provisions;

b) To immediately dismantle part or all of the illegally constructed project after the construction inspector drafts a record of cessation of work.

c) In case the subject does not self-demolish the part of the construction project or the violating construction project, it will be forcibly demolished;

d) Other responsibilities as prescribed by law.

4. Prohibited acts for investors in construction projects:

a) Investors in construction projects shall not carry out prohibited acts stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 10 of the Construction Law and Clause 5 of Article 8 of the Housing Law;

b) Other prohibited acts as prescribed by law.

Article 8. Authority of the Chairman of the People's Committee at district level, ward level, Inspector-in-Chief, and Inspectors

1. The Chairman of the People's Committee at ward level has the authority:

a) To decide to suspend construction for all types of construction projects violating construction laws within their jurisdiction;

b) To decide to forcibly demolish all types of construction projects violating construction laws within their jurisdiction, except for cases stipulated in Clause 2 of this Article.

2. The Chairman of the People's Committee at district level decides to forcibly demolish all types of construction projects violating construction laws that have been granted permits by the People's Committee at district level or the Department of Construction, after such projects have been suspended from construction by the Chairman of the People's Committee at ward level.

3. The Inspector-in-Chief of Construction at district level has the authority to impose fines on administrative violations equivalent to the authority of the Head of Public Security at county level. The Inspector-in-Chief of Construction at district level is responsible for handling files of violations exceeding the authority of the Chairman of the People's Committee at ward level to submit to the Chairman of the People's Committee at district level for decisions to forcibly demolish violating construction projects according to their authority. Construction Inspectors at district and ward levels performing official duties are fined according to the provisions of Clause 1 of Article 38 of the Administrative Violation Handling Ordinance.

Article 9. Procedure for suspending construction of construction projects

1. When discovering violations of construction laws, Construction Inspectors at ward level must prepare a record, require the investor to stop construction and self-demolish the violating parts of the construction project.

2. Within 24 hours from the time of preparing the record (including holidays, festivals, Saturdays, Sundays, and other days off), if the investor does not stop construction and does not self-demolish the violating parts of the construction project, the person preparing the record must report to the Chairman of the People's Committee at ward level to issue a decision to suspend construction of the construction project.

3. Within 24 hours from the issuance of the decision to suspend construction of the construction project, the Chairman of the People's Committee at ward level requests the Heads of electricity and water supply units to immediately stop supplying electricity and water to the violating construction project.

4. Within 24 hours from the issuance of the administrative violation handling decision and the suspension of construction of the construction project, the Chairman of the People's Committee at ward level directs the Head of Public Security at ward level to organize the prohibition of transporting materials and workers into the violating construction project.

5. In case the investor of the construction project is absent at the construction site, electricity and water supply units and Public Security at ward level still stop supplying electricity and water and implement the decision to suspend construction of the construction project.

Article 10. Procedure for forced demolition of construction projects

1. The investor is responsible for immediately implementing the decision to suspend construction of the violating construction project, and must self-demolish the violating parts of the construction project.

2. Within three days from the date of issuing the decision to suspend construction of the construction project, if the investor does not self-demolish the violating construction project or is absent, the Chairman of the People's Committee at ward level issues a decision to forcibly demolish the violating parts of the construction project and organizes the demolition.

3. For construction projects permitted by the Chairman of the People's Committee at district level or the Department of Construction, after issuing the decision to suspend construction of the construction project, the Chairman of the People's Committee at ward level is responsible for sending the file to the Inspectorate of Construction at district level.

4. Within three days from the date of receiving the file, the Inspector-in-Chief of Construction at district level is responsible for submitting to the Chairman of the People's Committee at district level for issuing a decision to forcibly demolish the violating construction project.

The Chairman of the People's Committee at ward level is responsible for organizing the implementation of the decision of the Chairman of the People's Committee at district level regarding the forced demolition of the violating construction project.

5. In case there is a decision to suspend construction of the construction project but the investor, contractor, supervising contractor, and other organizations and individuals continue to construct the violating construction project, the person authorized to decide on the forced demolition of the violating construction project is responsible for preparing the file to transfer to the investigation agency for handling according to the law.

Article 11. Uniforms, insignia, rank badges, signs, means of transportation, technical equipment, and protective gear of construction inspectors

Uniforms, insignia, rank badges, signs, means of transportation, technical equipment, and protective gear of construction inspectors are regulated by the Minister of Construction.

Article 12. Standards and authority for appointing and dismissing specialized construction inspector ranks

1. The Ministry of Construction, in coordination with the Government Inspectorate, drafts the Prime Minister's Decision stipulating the standards for specialized construction inspectors at district and ward levels and sends it to the Ministry of Home Affairs for consolidation and submission to the Prime Minister for issuance in July 2007.

2. The Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City decide on the recruitment, appointment, and dismissal of specialized construction inspector ranks at district and ward levels according to the law.

Article 13. Prohibited acts and penalties for violations

1. Officials and civil servants assigned the task of granting construction permits, Inspectors, and other related officials, in addition to complying with prohibited acts stipulated by law on officials and civil servants, are also prohibited from the following acts:

a) Granting construction permits contrary to the provisions of the law; harassing and causing difficulties for investors in construction projects when applying for construction permits;

b) Applying monetary penalties for the existence of parts of construction projects or construction projects in violation.

c) Shielding, covering up, and failing to promptly address construction projects in violation within their jurisdictional management scope;

d) Accepting money, goods, or meals and other activities invited by the project investors or construction contractors;

đ) Harassing, causing difficulties for project investors or construction contractors when they have all necessary documents, procedures, permits, and related materials as prescribed by law during the construction process;

e) Other prohibited acts as stipulated by law.

2. Handling Violations:

a) Officials and civil servants assigned the task of issuing construction permits, Inspectors, and other relevant officials who violate the prohibited acts as specified in Clause 1 of this Article shall be subject to disciplinary action or criminal responsibility pursuit according to the provisions of law depending on the nature and severity of the violation;

b) Inspectors who fail to promptly detect violations, fail to promptly record violation cessation documents, and fail to report to the Chairman of the People's Committee at the ward level, the Construction Inspector at the district level, or the Chairman of the People's Committee at the district level to issue administrative violation handling decisions and cessation of construction works and forced demolition of violative constructions according to the deadlines and procedures stipulated in Articles 9 and 10 of this Decision shall be subject to disciplinary action according to the provisions of law regarding officials and civil servants, must compensate for losses or be subject to other responsibilities as stipulated by law depending on the nature and severity of the violation;

c) The Chairman of the People's Committee at the ward level, the Head of the Construction Inspector at the district level, and the Chairman of the People's Committee at the district level who fail to issue cessation of construction work decisions and forced demolition decisions according to the deadlines and procedures stipulated in Articles 9 and 10 of this Decision shall be subject to disciplinary action according to the provisions of law regarding officials and civil servants, must compensate for losses or be subject to other responsibilities as stipulated by law depending on the nature and severity of the violation;

Article 14. Working system and policies for Construction Inspectors at the district and ward levels

1. Construction Inspectors at the district and ward levels operate during regular working hours and arrange Inspectors to be on duty outside regular working hours, holidays, weekends, and other days off to perform assigned tasks; they may call upon auxiliary inspectors as provided by law.

Ward-level Land Administration and Construction officials carry out tasks and powers as prescribed by law and additional tasks and powers delegated by the Chairman of the People's Committee at the ward level to assist Construction Inspectors at the ward level in performing inspection duties.

2. The Heads and Deputy Heads of Construction Inspection at the district level are entitled to position allowances equivalent to those of department heads and deputy department heads under the People's Committee at the district level.

3. Deputy Chairmen of the People's Committee at the ward level responsible for inspection, in addition to receiving salary and allowances according to their positions, also receive allowances similar to those of Deputy Heads of Construction Inspection at the district level.

Inspectors and other positions receive salaries as stipulated in Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary systems for officials, civil servants, public employees, and armed forces; they receive a mobility allowance equal to 0.6 times the minimum wage; Construction Inspectors receive allowances as stipulated in Decision No. 202/2005/QD-TTg dated August 9, 2005 of the Prime Minister on responsibility allowances for Inspectors based on profession.

4. Inspectors and other positions are protected by law when performing official duties, are eligible for rewards, and enjoy benefits and policies as prescribed by law.

5. Construction Inspectors and individuals mobilized by competent authorities to participate in forced demolition of construction projects violating construction laws receive ten percent of the minimum wage for each day of participation.

Article 15. Operating funds

1. Operating funds for Construction Inspectors at the district and ward levels are provided from the local state budget and other sources as prescribed by law.

2. One hundred percent of fines collected from administrative violations concerning construction, land management and use, and environmental protection laws shall be retained by the district and ward budgets to fund specialized activities, overtime work, holiday work, weekend work, and other non-working day activities of Construction Inspectors at the district and ward levels; purchasing supplementary technical equipment and awarding bonuses to Construction Inspectors at the district and ward levels. Specific expenditure levels are regulated by law; bonus levels are determined by the People's Committee of the city.

Article 16. Implementation

1. The People's Committee of Hanoi City and the People's Committee of Ho Chi Minh City are responsible for:

a) Taking the lead and coordinating with the Ministry of Construction, the Ministry of Home Affairs, the Government Inspectorate, and related agencies and organizations to implement this Decision; reporting every six months, annually, or at any time to the Prime Minister on the implementation status and arising issues for timely resolution;

b) Organizing the dissemination and popularization of legal regulations on construction, land management and use, environmental protection, and other related legal provisions and this Decision so that the people, project investors, and contractors are aware and strictly comply;

c) Directing the Construction Department, the Architecture and Planning Department, the People's Committees at the district and ward levels to streamline administrative procedures under the "one-stop" mechanism, guide, and facilitate project investors in obtaining construction permits, renovation, and repair procedures for buildings in accordance with the law; coordinate with construction inspectors at various levels to organize inspections, supervision, and prompt handling of cases violating construction laws.

2. The Ministry of Home Affairs shall submit to the Prime Minister for decision on supplementing administrative staff for Construction Inspectors at the district and ward levels in Hanoi City and Ho Chi Minh City.

3. The Ministry of Construction shall take the lead and coordinate with relevant ministries and agencies to issue templates for: violation records concerning construction laws (with requirements for project owners to halt construction works), decisions to halt construction works, decisions to forcibly demolish construction projects violating the law according to the authority stipulated in Article 8 of this Decision, and other templates serving the work of construction inspectors at all levels; coordinate with ministries, ministerial-level agencies, and government agencies to resolve difficulties in implementing this Decision within their authority or propose to the Prime Minister for resolution; direct the People's Committee of Hanoi City and the People's Committee of Ho Chi Minh City to organize mid-year reviews and comprehensive evaluations of the implementation of this Decision, and report to the Prime Minister.

4. Information media agencies in Hanoi City and Ho Chi Minh City shall be responsible for disseminating and publicizing the contents of this Decision and related legal documents; promptly reflect cases of violations, situations, and results of handling illegal acts related to construction activities discovered and dealt with by construction inspectors at all levels in Hanoi City and Ho Chi Minh City.

Article 17. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 100/2002/QĐ-TTg dated July 24, 2002 of the Government Chairman on piloting the establishment of specialized construction inspection bodies in Hanoi City.

2. Abolish previous regulations that conflict with this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City, heads of agencies and units, and individuals concerned shall be responsible for implementing this Decision./.