Chapter VII
THE STATE MANAGEMENT OVER CONSTRUCTION
Article 111.- Contents of the State management over construction
1. Elaborating, and directing the implementation of, strategies and plans on development of construction activities.
2. Promulgating, and organizing the implementation of, legal documents on construction.
3. Promulgating the construction rules and standards.
4. Managing quality and archiving construction work dossiers.
5. Granting and withdrawing assorted permits in construction activities.
6. Guiding, examining, inspecting and settling complaints and denunciations, and handling violations in construction activities.
7. Organizing scientific and technological research in construction activities.
8. Training human resources for construction activities.
9. Entering into international cooperation in construction activities.
Article 112.- Agencies performing the State management over construction
1. The Government performs the uniform State management over construction throughout the country.
2. The Ministry of Construction is answerable to the Government for the performance of uniform State management over construction.
3. The ministries and ministerial-level agencies, within the ambit of their respective tasks and powers, coordinate with the Ministry of Construction in performing the State management over construction.
4. The People's Committees of all levels shall have to perform the State management over construction in their respective localities according to the Government's decentralization.
Article 113.- The Construction Inspectorate
1. The Construction Inspectorate is the specialized inspectorate in charge of construction.
2. The organization and operation of the Construction Inspectorate are prescribed by the Government.
Article 114.- Tasks of the Construction Inspectorate
The Construction Inspectorate has the following tasks:
1. To inspect the observance of the construction legislation;
2. To detect, prevent and handle according to its competence or propose the competent State agencies to handle violations of the construction legislation;
3. To verify and propose the competent State agencies to settle construction-related complaints and denunciations.
Article 115.- Rights and responsibilities of the Construction Inspectorate
1. The Construction Inspectorate has the following rights:
a/ To request concerned organizations and individuals to supply documents and explain necessary matters;
b/ To request the examination of contents related to the quality of works in case of necessity;
c/ To apply deterrent measures according to law provisions;
d/ To make written records on inspection and handle violations according to its competence or propose the competent State management agencies to take handling measures;
dd/ Other rights according to the provisions of law.
2. The Construction Inspectorate has the following responsibilities:
a/ To perform the inspection functions, tasks, order and procedures as prescribed;
b/ To produce inspection decisions, inspector's cards to inspected subjects. The inspection must be recorded in writing;
c/ To be held responsible before law for their conclusions and make compensations for damage caused by wrong conclusions;
d/ To perform other responsibilities prescribed by law.
Article 116.- Rights and obligations of organizations and individuals subject to inspection
1. Organizations and individuals subject to inspection have the following rights:
a/ To request inspectors or inspection teams to clearly explain the inspection requirements;
b/ To lodge complaints and denunciations against law-breaking acts in inspection activities of inspectors.
2. Organizations and individuals subject to inspection have the following obligations:
a/ To create conditions for inspectors and inspection teams to perform their tasks;
b/ To supply documents, explain necessary contents and abide by conclusions of the Construction Inspectorate.
Article 117.- Right to lodge complaints and denunciations and responsibilities to settle them
1. Individuals have the right to lodge complaints and denunciations; organizations have the right to lodge complaints about acts of violating the provisions of this Law to competent State management agencies in charge of construction or initiate lawsuits at courts according to the provisions of the legislation on complaints and denunciations.
2. The competent State management agencies in charge of construction of all levels shall have to settle complaints and denunciations of organizations and individuals under their management. In cases where they receive complaints and denunciations beyond their competence, they shall have to forward them to the competent agencies and organizations for settlement and notify such in writing to the complainants and denouncers.
Article 118.- Complaints and denunciations and the settlement thereof
1. The complaints and denunciations and the settlement thereof shall comply with the provisions of the legislation on complaints and denunciations.
2. In the duration of complaints, denunciations or lawsuits, organizations and individuals shall still have to execute administrative decisions of the competent State management agencies in charge of construction. When decisions on settling complaints or denunciations are issued by the competent State management agencies in charge of construction or decisions or judgments of courts take legal effect, they have to abide by such decisions or judgments.
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Luật Xây dựng 2003 (Bản Word)