Nghị định 62/2013/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Xây dựng

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 62/2013/ND-CP	Hanoi, June 25, 2013

 

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION

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

Pursuant to the Government's Decree No. 36/2012/ND-CP, of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Construction;

The Government promulgates Decree defining functions, tasks, powers and organizational structure of the Ministry of Construction,

Article 1. Position and functions

The Ministry of Construction is a Governmental agency which performs the function of state management on construction planning, architecture; urban development; technical infrastructure in urban centers, industrial parks, economic zones and hi-tech parks; dwelling houses and office buildings; real estate market; building materials; and performs the state management of public services in the domains under its state management in accordance with law.

Article 2. Tasks and powers

The Ministry of Construction shall perform tasks and powers as prescribed in the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government according to the annual programs and plans on law formulation of the Government, and resolutions, strategies, master plans, plans for long-term, five-year and annual development, the national important projects and works under its domains on state management as assigned by the Government and the Prime Minister.

2. To submit draft decisions, directives and other documents to the Prime Minister as assigned.

3. To promulgate circulars, decisions and directives within its state management; to formulate and promulgate under its competence or submit to competent authorities for promulgation of systems of technical regulations, national standards, techno-economic norms, typical designs and model designs in its state management domains.

4. To direct, guide, inspect and take responsibility for organization of implementation of legal documents, approved strategies, master plans and plans within its state management scope; to propagate, disseminate and educate on law and information on domains under its state management.

5. Construction planning and architecture:

a) To formulate and submit to competent authorities for promulgation of or promulgate under its competence the regulations on, and the process of, formulating, appraising and approving types of construction master plans, including: regional construction master plans, urban master plans, rural construction master plans, master plans on construction of industrial parks, economic zones, hi-tech parks and special functional zones, master plans on construction of important international border gates; to guide and inspect implementation thereof;

b) To assume the prime responsibility for, and coordinate with the provincial/municipal People’s Committees in, formulating and submitting to the Prime Minister for approval the construction master plans of inter-provincial regions, key economic regions, general plans on new urban centers with the planned area involving the administrative boundaries of two or more provinces or centrally-run cities; general plans on new urban centers with a population size forecasted equivalent to that of urban centers of grade III or higher and other master plans assigned by the Prime Minister; to direct the implementation of the approved master plans;

c) To appraise construction planning schemes under the approving jurisdiction of the Prime Minister; to give its unified opinions in writing for the provincial/municipal People’s Committees to approve specific construction plans under legislation;

d) To promulgate regulations on construction planning; to guide the methods of setting up and managing cost for construction planning;

dd) To establish and manage systems of databases on construction planning nationwide;

e) To formulate orientations for sustainable development of Vietnamese architecture suitable to each period, submit them to the Prime Minister for approval, and direct, guide and inspect the implementation;

g) To guide and inspect implementation of legislations on urban design; urban space, architecture and landscape management; regulations on urban planning and architecture management; permits of planning; examination and selection of architectural designs of construction works;

h) To guide and examine implementation of legislations on conditions on capabilities of organizations and individuals joining in construction planning designs, conditions for architect practice; to provide for the forms of practice certificates of architects, urban planning engineers; to guide and examine the grant and management of practice certificates of architects, urban planning engineers.

6. Construction investment operation

a) To guide and examine implementation of legislation on formulation, appraisal, approval and management of projects on investment in construction of works; to participate in appraisal of projects on investment in construction of works in accordance with law;

b) To guide and examine the work of appraisal and approval of technical designs, construction drawing designs and estimates of construction works; to appraise and verify technical designs and construction drawing designs for the works using capital from state budget and other works as prescribed by law;

c) To monitor, examine and assess whole investment in construction investment under its competence; to guide and examine implementation of important construction investment projects and national key works as prescribed by law; to perform tasks and powers of investor over the important construction investment projects and national key works as assigned by the Prime Minister;

d) To promulgate technical regulations on construction of civil and industrial works; to organize formulation of the national standard system on the survey, design, construction and pre-acceptance test of civil and industrial construction works; to guide application of foreign standards in construction operation in Vietnam;

dd) To promulgate forms of construction permits; to guide the grant, modification, extension and withdrawal of construction permits, and construction order management under construction permits; to suspend construction or propose the provincial/municipal People’s Committees to direct the suspension of construction and handle violations or withdraw construction permits upon detecting that the grant of permits is contrary to regulations, or the construction works infringe regulations on the construction order management according to construction permits;

e) To guide and examine selection of contractors in construction activities in accordance with the Construction Law and legislations on bidding; to guide assessment of results implemented by contractors as prescribed by law;

g) To guide implementation of regulations on hiring of foreign consultants involving construction activities in Vietnam, grant and withdrawal of contractor permits for foreign contractors conducting construction activities in Vietnam; to grant and withdraw contractor permits for foreign contractors being organizations receiving bidding packages of group-A projects and other bidding packages in the areas of two or more provinces;

h) To guide and examine implementation of legislation on contracts in construction operation; to guide methods of adjusting prices of construction contracts; to announce the model construction contract;

i) To guide and examine implementation of regulations on setting up and management of costs for investment in construction of works, including: total investment, estimates of works construction, construction norms and prices of works construction, duration of works construction, control of construction investment costs, methods to measure and calculate works volume, and methods to determine prices of construction machine shift and equipment; to announce construction norms, investment capital ratio, construction price indexes, and methods to determine construction price indexes;

k) To guide and examine the quality management of construction works at stages of: survey, design, construction, pre-acceptance test, handover and maintenance of works; to conduct regular or irregular examinations and handle violations on quality of construction works; to suspend construction and request investors, consultants and contractors to take remedies when detecting that the works quality fails to satisfy requirements, threaten to cause human and material damages as prescribed by law;

l) To guide the inspection, assessment and certification of quality conformity of the construction works, assessment of causes and settlement of incidents in works construction; to organize verification of construction quality and verification of causes of incidents during construction of works as prescribed by law;

m) To perform tasks of the State Council for Pre-Acceptance Test of construction works; to preside over organization of the National Awards on Construction Quality;

n) To guide and examine the work of construction works maintenance and assess quality of construction works during use process; to announce the lists of existing construction works that fail to ensure the force-bearing safety, threaten to lives of users and communities as prescribed by law;

o) To guide and examine implementation of legislation on conditions on construction practice capability of individuals and conditions on construction operational capability of organizations engaged in construction activities;

p) To promulgate framework programs on professional training and re-training in construction operation; regulations on examinations for grant of construction practice certificates; to provide for the forms of construction practice certificates; to guide and examine grant and management of construction practice certificates;

q) To establish databases, to update and provide information on capabilities of organizations and individuals practicing construction consultancy and contractors in construction nationwide, including foreign contractors engaged in construction operation in Vietnam.

7. Urban development:

a) To formulate orientations, strategies and master plans on development of national urban system, national programs and key projects on urban development, criteria on urban development in task of national socio-economic development in each period; to direct implementation after the Prime Minister has approved them;

b) To formulate and submit to competent authorities for promulgation of or promulgate under its competence the mechanisms and policies on urban development investment management, policies  and solutions involving urbanization management, models of urban development management, regulations on formulation and management of costs of utility services in urban centers; to direct, guide and examine the implementation organization thereof;

c) To appraise or give unified opinions in writing for competent authorities to approve plans on urban development, to determine urban development areas and projects on urban development investment in provinces and centrally-run cities as prescribed by law;

d) To formulate and submit to the Government for stipulating the system of urban evaluation and classification criteria in each period, suitable to general development of country; to guide, examine and organize the annual urban center assessment and classification according to criteria prescribed by the Government; to appraise and submit to the Prime Minister for decision on recognition of urban grades for special-grade, grade-I and grade-II urban centers; to decide on recognition of urban grades for grade-III and grade-IV urban centers;

dd) To direct, guide and examine urban development investment activities under master plans and plans, to guide and examine implementation of legislation on managing development of new urban centers, upgrading, renovation, re-embellishment, expansion or reconstruction of urban centers; to guide management of urban construction order;

e) To guide and examine management of land used for urban construction under the approved master plans and plans on urban development;

g) To identify resources for urban development; to organize activities of urban development investment promotion; to mobilize, exploit and coordinate domestic and foreign resources for investment in development of system of national urban centers as assigned by the Government;

h) To organize the setting up and management of database systems, to provide information on urban development.

8. Regarding technical infrastructures of urban centers, industrial parks, economic zones, hi-tech parks (hereinafter abbreviated to industrial parks), including: urban and industrial park water supply and drainage; management of ordinary solid wastes in urban centers, industrial parks, facilities of building materials production; urban lighting and green space; management of cemeteries (excluding fallen hero cemeteries); urban traffic infrastructure; management of urban underground construction; and management of common use of urban technical infrastructure facilities:

a) Urban and industrial park water supply and drainage:

To formulate orientations, strategies, programs and national criteria on water supply and drainage in urban centers, industrial parks and key economic regions; to direct implementation thereof after the Prime Minister has approved them;

To formulate and promulgate under its competence or submit to competent authorities for promulgation and guide, examine application of technical regulations, national standards and techno-economic norms on water supply and drainage; regulations on, and process of, formulation, appraisal and approval of water supply planning and drainage planning; mechanisms and policies on development of water supply and drainage in urban centers, industrial parks and key economic regions;

To formulate, appraise and submit to the Prime Minister for approval or to approve under authorization of the Prime Minister involving water supply planning and drainage planning for inter-provincial regions and key economic regions; to direct, guide and examine implementation of the approved plannings;

To appraise water supply planning and drainage planning of centrally-run cities being special-grade urban centers and submit them to the Prime Minister for approval; to give unified opinions in writing for the provincial People’s Committees to approve the water supply planning and drainage planning in provinces and centrally-run cities being grade-I urban centers;

To give unified opinions in writing for competent authorities to approve investment projects on construction of water supply and drainage works in accordance with law; to organize activities of investment promotion, to mobilize and exploit resources for development of water supply and drainage; to direct, guide and manage implementation of investment projects on construction of water supply and drainage works in urban centers, inter-provincial regions and key economic regions as assigned by the Prime Minister;

To guide application of technological models and management models of water supply and drainage systems in line with characteristics and sizes of urban centers and industrial parks; management, exploitation and maintenance of water supply and drainage systems in urban centers and industrial parks;

To coordinate with the Ministry of Finance, the Ministry of Agriculture and Rural Development in guiding the principles on, and methods of, determining clean water sale prices, drainage charges and promulgating clean water price frames, and in inspecting and supervising implementation thereof.

b) Management of ordinary solid wastes:

To formulate strategies, programs and national criteria on management of ordinary solid wastes; to direct implementation thereof after the Prime Minister has approved them;

To formulate and submit to competent authorities for promulgation, to guide and examine implementation of regulations on formulation, appraisal and approval of master plans on solid waste management; mechanisms and policies to encourage investment in solid waste management; to promulgate technical regulations, national standards and techno-economic norms on management of ordinary solid wastes under its competence;

To formulate, appraise and summit to the Prime Minister for approval or to approve under authorization of the Prime Minister, involving master plans on solid waste management in inter-provincial regions and key economic regions; to direct, guide and examine implementation of the approved master plans;

To appraise master plans on solid waste management of centrally-run cities being special-grade urban centers and submit them to the Prime Minister for approval; to give the unified opinion in writing for the People’s Committees of centrally-run cities being grade-I urban centers to approve the master plans on solid waste management of cities;

To guide and inspect formulation and management of master plans on construction of solid waste treatment facilities, methods of formulation and management of costs for solid waste collection, transport and treatment services; to organize activities of investment promotion, and direct and guide implementation of investment projects on construction of the solid waste treatment facilities in inter-provincial regions and key economic regions as assigned by the Prime Minister;

To coordinate with the Ministry of Natural Resources and Environment in guiding the restoration, re-use of area, changing use purpose and observing environment of the solid-waste treatment facilities after termination of their activities;

To coordinate with the Ministry of Science and Technology, and the Ministry of Natural Resources and Environment in appraising and recognizing the solid-waste treatment technologies which have been newly researched and applied for the first time in Vietnam.

c) Urban lighting and urban green space:

To formulate strategies on urban lighting and green space development and submit them to the Prime Minister for approval; to direct implementation thereof after the Prime Minister has approved them;

To formulate and promulgate under its competence or submit to competent authorities for promulgation, and guide and examine implementation of technical regulations, national standards and techno-economic norms on urban lighting and green space; regulations on formulation, appraisal and approval of the urban lighting master plans; mechanisms and policies to encourage development of urban lighting and green space;

To appraise urban lighting master plans of centrally-run cities being special-grade urban centers to submit them to the Prime Minister for approval; to give the unified opinions in writing for the People’s Committees of centrally run cities being the grade-I urban centers to approve the urban lighting master plans of cities;

To guide methods of formulation and management of costs for urban lighting, costs for maintenance of public green space in urban centers; to guide and examine the observance of legislation on managing urban lighting and green space nationwide.

d) Management of cemeteries (excluding fallen hero cemeteries):

To guide and examine implementation of legislation on planning, construction, renovation, expansion, closure and relocation or cemeteries; to promulgate technical regulations on building cemeteries; to formulate and submit to competent authorities for promulgation of national standards on building cemeteries;

To appraise and submit to the Prime Minister for approval of cemetery planning in the special-grade urban centers; to give the unified opinions in writing for the People’s Committees of centrally cities being grade-I urban centers to approve the cemetery planning of cities as prescribed by law;

To guide and examine management and use of cemeteries; to guide methods of formulation and management of cemetery service costs.

dd) Urban traffic infrastructure:

To guide the formulation, appraisal and approval of urban traffic planning and the traffic planning content in urban planning schemes; to examine construction of urban traffic infrastructure under the urban center master plans and urban traffic plannings that have been approved by competent authorities;

To appraise urban traffic plannings of centrally-run cities being special-grade urban centers to submit them to the Prime Minister for approval; to give the unified opinion in writing for the People’s Committees of centrally-run cities of grade-I urban centers to approve their urban traffic plannings;

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, formulating and promulgating technical regulations on construction of urban traffic infrastructure; to provide for grading and classification of urban roads; to formulate and submit to competent authorities for promulgation national standards on construction of urban traffic infrastructure;

To coordinate with the Ministry of Transport in guiding management of use, exploitation and maintenance of urban roads;

To coordinate with relevant ministries and sectors in formulating mechanisms and policies to encourage the investment in development of urban traffic infrastructure.

e) Management of urban underground construction:

To formulate orientations and strategies on development of urban underground construction in line with each socio-economic development stage of country; to direct implementation thereof after the Prime Minister has approved;

To guide and examine the formulation, appraisal, approval and management of implementation of urban underground construction space plannings;

To promulgate, under its competence, technical regulations on urban underground construction; to formulate and promulgate, under its competence, or submit to competent authorities for promulgation of national standards and techno-economic norms on construction of public underground facilities and urban underground infrastructure facilities;

To assume the prime responsibility for, and coordinate with other ministries and ministerial- level agencies in, formulating and submitting to competent authorities for promulgation of regulations on management of underground works construction and management and the work of underground laying of wires and cable lines in urban centers;

To guide the setting up and management of databases and provide information on urban underground works system;

To coordinate with relevant ministries and ministerial-level agencies in formulating preferential and support mechanisms and policies to encourage investment in construction of urban underground works and submit them to the Government or the Prime Minister for approval.

g) Management of sharing the urban technical infrastructure works:

To guide and examine the formulation, appraisal and approval of urban master plans involving the identification of technical infrastructure that are shared in use;

To assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, formulating and promulgating under competence or submitting to competent authorities for promulgation of, technical regulations, national standards and techno-economic norms on urban technical infrastructure facilities that are shared in use, and regulations on sharing the urban technical infrastructure facilities;

To assume the prime responsibility for, and coordinate with other ministries, ministerial- level agencies and the provincial/municipal People’s Committees in, guiding, monitoring and examining implementation of legislation on management and sharing of technical infrastructure works; to promulgate forms of contracts for management of operation of technical infrastructure works that are shared in use, forms of contracts for sharing technical infrastructure works;

To coordinate with the Ministry of Finance in guiding the principles for control and methods of determination of rents and bracket of rents of the shared technical infrastructure works, and examine and supervise implementation thereof.

9. Housing

a) To formulate orientations and strategies for national housing development for each ten-year period, five-year national housing programs, criteria of housing development and plans on housing development in tasks of annual national socio-economic development and in each stage; to direct implementation thereof after the Prime Minister has approved;

b) To guide and examine the provincial/municipal People’s Committees in formulation of programs on local housing development, norms for housing development and plans on housing development in tasks of annual local socio-economic development and in each state;

c) To formulate and submit to competent authorities for promulgation or promulgate, under its competence, mechanisms and policies to mobilize investment resources for housing development nationwide, programs, schemes and projects on housing development for various specific groups of subjects in key areas and supports for social policy beneficiaries to improve their houses; to guide and examine implementation thereof;

d) To guide and examine the formulation, appraisal and approval of projects on housing development; to appraise projects on housing development of which investment are decided by the Prime Minister; to guide the capital mobilization at projects on housing development;

dd) To promulgate technical regulations on housing construction; to formulate and submit to competent authorities for promulgation of the national housing standards; to promulgate regulations on classification criteria, regulations on management, use, warranty and maintenance of various houses; to promulgate framework programs on professional training and re-training in management of condominiums and public- duty houses;

e) To formulate and submit to the Prime Minister for promulgation of public-duty house space standards; to sum up use demands and capital demands in construction of public-duty houses for lease to subjects under management of central agencies; to coordinate with the provincial People’s Committees in determining land funds for construction and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in planning capital from central budget for construction of public-duty houses for lease to subjects under management of central agencies, and submit them to the Prime Minister for decision;

g) To guide methods of determining rents of public-duty houses, sale prices, rents and rental- purchase prices of social houses; to provide guide on subjects, conditions, process of selection of subjects, for the social-house purchase, rent or rent for purchase;

h) To organize the setting up, receipt and operation management of the fund for public-duty houses of the Government as assigned by the Prime Minister;

i) To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, formulating criteria of housing surveys, statistics and evaluation; to organize the periodical housing surveys, statistics and evaluation, in serve of housing state management; to guide the setting up and management of databases and provide the housing information; to sum up and publicize every five years and annually the housing information nationwide.

10. Public offices

a) To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, organizing the formulation and appraisal of master plans on development of public office system of state administrative agencies, working offices owned by State, of central agencies, socio-political organizations and public non-business units; to direct, guide and examine implementation thereof after the Prime Minister has approved;

b) To guide and examine the provincial/municipal People’s Committees in making the master plans on development of public offices of state administrative agencies and working offices owned by State of local agencies, socio-political organizations and public non-business units;

c) To promulgate technical regulations on construction of public offices and working offices; to formulate and submit to competent authorities for announcement of national standards on construction of public offices and working offices; to promulgate regulations on classification criteria and regime of maintenance of public offices and working offices owned by State;

d) To coordinate with the Ministry of Finance in guiding the change of use purpose, the trading, lease and rent-purchase of public offices and working offices owned by State;

dd) To organize periodical surveys, statistics and evaluation of public offices and working offices owned by State in serve of state management of public offices.

11. Real estate market

a) To formulate strategies and policies on real estate market development and management; to direct implementation thereof after the Prime Minister has approved;

b) To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies and the provincial/municipal People’s Committees in, managing activities of real estate business involving determination of commodity structure, supply-demand balance, implementation of policies and solutions to regulate and stabilize the market; to organize formulation and periodical announcement of real estate price indexes;

c) To guide regulations on real estate to be put into business;

d) To guide and examine implementation of legislation on conditions on capability of investors in projects on new urban centers, projects on housing development and projects on technical infrastructure of industrial parks;

dd) To guide and examine implementation of legislation in activities of trading houses, construction works, activities of transferring projects on new urban centers, projects on housing development and projects on technical infrastructure of industrial parks;

e) To promulgate framework programs on training and re-training in real estate brokerage and evaluation, management and administration of real estate trading floors, the forms of real estate brokerage certificates, real estate evaluation certificates; to guide and examine the grant and management of real estate brokerage certificates and real estate evaluation certificates;

g) To guide and examine implementation of legislation on real estate service business, and the organizational and operational models of real estate trading floors;

h) To set up, and manage operation of information system of real estate market and real estate business operation.

12. Building materials

a) To formulate, appraise and submit to the Prime Minister for approval of master plans on development of building materials in Vietnam, regional master plans on development of building materials, master plans on cement development, and national programs on building materials; to direct, guide and examine implementation thereof after the Prime Minister has approved;

b) To formulate, approve, direct, guide and examine implementation of master plans on development of tiling materials, construction glass, sanitary chinaware and other main building materials;

c) To guide and examine the provincial/municipal People’s Committees in the formulation, appraisal, approval and management of local master plans on building materials development;

d) To formulate and submit to the Prime Minister for approval of master plans on exploration, exploitation, processing and use of minerals used to do building materials, and raw materials used for cement production; to direct, guide and examine implementation thereof after the Prime Minister has approved;

dd) To coordinate with the Ministry of Natural Resources and Environment, and the Ministry of Industry and Trade in, appraising dossiers of application for permits for exploration, exploitation and processing, environmental impact assessment reports in activities of exploitation, processing and use of minerals to do building materials, and raw materials for cement production;

e) To guide and examine the provincial/municipal People’s Committees in the formulation, appraisal, approval and management of master plans on exploration, exploitation, processing and use of minerals to do common building materials;

g) To guide appraisal of technologies for exploitation and processing of minerals to do building materials and raw materials for cement production; technologies of building-materials manufacture; to guide the experiment, assessment, evaluation and certification of quality conformity for building materials;

h) To guide application of technical regulations, regulations on occupational safety and hygiene in exploitation, processing and use of minerals used to do building materials, and raw materials for cement production; and production of building materials;

i) To promulgate lists of, conditions and technical regulations on, building materials to be exported or imported, building materials restricted from export or import, building materials subject to conditional business; to guide and examine implementation thereof.

13. Construction technical safety:

a) To assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in, formulating and promulgating under its competence, or submitting to competent authorities for promulgation of technical regulations and legal documents on technical safety in works construction;

b) To propose lists of machines, equipment and supplies with strict requirements on labor safety which are particular in construction, to the Ministry of Labor, Invalids and Social Affairs for unified promulgation;

c) To promulgate the process on inspecting machines and equipments with strict requirements on labor safety which are particular in construction after getting the appraising opinions of the Ministry of Labor, Invalids and Social Affairs;

d) To assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in, formulating and promulgating criteria and operational conditions of organizations conducting the inspection of machines and equipment with strict requirements on labor safety which are particular in construction;

dd/ To guide and examine implementation of legislation on safety of machines, equipment and supplies with strict requirements on labor safety within the state management scope of the Ministry;

e) To guide and examine the work of technical safety in construction aiming to ensure safety for laborers, construction equipment, construction works and adjacent works; to coordinate with the Ministry of Labor, Invalids and Social Affairs in handling violations, and guide the settlement of technical unsafe incidents in works construction as prescribed by law.

14. Environmental protection

a) To direct and guide combination of master plans, plans and programs on environmental protection in strategies, master plans, plans and programs on development of domains under the state management scope of the Ministry;

b) To study and propose promulgation of new ones or amendment and supplementation of technical regulations and national standards on environment; to formulate and promulgate, under its competence, technical regulations on environmental quality, environmental wastes in the state management domains of the Ministry;

c) To direct and guide the making of strategic environmental assessment reports and environmental impact assessment reports; to appraise environmental impact assessment reports under its competence, to observe the environmental impacts due to activities of sectors, domains, to make reports on environmental impacts of sectors, domains; to manage and control wastes, noise, vibration, light and radiation; to prevent and respond to environmental incidents, remedy environmental pollution, restore the environment in domains under management scope of the Ministry as prescribed by law;

d) To monitor and examine implementation of legislation on environmental protection, to respond with impacts of climate change in domains under state management scope of the Ministry.

15. To organize the work of making statistics, archival of documents and data on state management domains of the Ministry as prescribed by law.

16. To decide on guidelines and specific measures and direct implementation of operational mechanisms of public-service organizations managed by the Ministry as prescribed by law; to manage and direct activities of non-business organizations of the Ministry.

17. To exercise rights and fulfill obligations of the owner of state capital at state-funded enterprises managed by the Ministry:

a) To formulate the schemes and master plans on arrangement, reorganization, equitization, ownership conversion, renewal and development of state enterprises managed by the Ministry, and submit them to the Prime Minister for approval, and direct implementation thereof after they are approved;

b) To submit to the Prime Minister for decision, or to decide under its competence, the appointment and removal from duty of titles including presidents of the Members’ Councils, directors general, members of the Members’ Councils and controllers at groups or corporations with 100% state capital under management scope of the Ministry;

c) To appraise for submission to the Prime Minister for approval or to approve, under its competence, the organization and operation charters of groups and corporations with 100% state capital under the management scope of the Ministry;

d) To appoint representatives of the state capital at state enterprises affiliated the Ministry when they are converted into joint-stock companies.

18. To submit to the Government for promulgation of mechanisms and policies on encouragement, support and orientation of development of enterprises, cooperatives and various entities of collective and private economy in sectors and domains managed by the Ministry; to guide and examine implementation of regulations applicable to the trades and services subject to conditional business according to the lists prescribed by the Government and handle violations under its competence.

19. To formulate and organize implementation of the strategy on development of construction science and technology; to organize and direct implementation of scientific research activities, application of scientific and technological advances in the state management domains of the Ministry; to manage system of measurement standards in construction.

20. To formulate and organize implementation of the master plan on human resource development and strategy on training and development of human resources for construction; to coordinate with the Ministry of Education and Training, and the Ministry of Labor, Invalids and Social Affairs in formulating programs on training of architects, engineers and other occupational grades in construction disciplines; to formulate programs, and organize the professional training and re-training for officials, civil servants and public employees of construction sector; to formulate programs, and organize the training and re-training knowledge on construction management and urban development for managers and officials in charge of urban center at all levels.

21. To formulate, and organize implementation of, plans and programs on international cooperation and integration in the state management domains of the Ministry as prescribed by law; to organize negotiations on, and conclude treaties under the Government’s authorization; to joint in international organizations as assigned by the Government; to conclude, and organize implementation of international agreements in its own name as prescribed by law.

22. To decide on and direct implementation of administrative reform programs of the Ministry according to the objectives and contents of the state administrative reform program already been approved by the Prime Minister.

23. To perform tasks and powers over associations and non-governmental organizations under the state management scope of the Ministry as provided by law.

24. To inspect, examine and settle complaints and denunciations; to prevent and fight corruption, negative acts and handle violations in domains under state management of the Ministry.

25. To manage the organizational apparatus, payroll, cadres, civil servants and public employees; to apply the wage regime, and regimes and policies of preferential treatment, commendation and discipline towards cadres, civil servants and public employees under management of the Ministry as prescribed by law.

26. To make annual budget estimates of the Ministry; to coordinate with the Ministry of Finance in formulating, summing up revenue and expenditure estimates according to sectors and domains within its management for the Government to submit them to the National Assembly; to manage, implement and finalize state budget; to manage and take responsibility for the assigned state assets; to perform other tasks involving state budget, finance and assets as prescribed by law.

27. To perform other tasks as assigned or authorized by the Government and the Prime Minister.

Article 3. Organizational structure of the Ministry

1. Department of Planning and Architecture.

2. Department of Building Materials.

3. Department of Construction Economics.

4. Department of Science, Technology and Environment.

5. Department of Planning and Finance.

6. Department of Enterprise Management.

7. Department of Legal Affairs.

8. Department of International Cooperation.

9. Department of Organization and Personnel.

10. The Ministry’s Office.

11. The Ministry’s Inspectorate.

12. Construction Operation Management Agency.

13. State Agency for Construction Quality Inspection.

14. Urban Development Agency.

15. Technical Infrastructure Agency.

16. Housing and Real Estate Management Agency.

17. Agency for Southern Affairs.

18. Construction Economics Institute.

19. Construction Science and Technology Institute.

20. National Architecture Institute.

21. National Institute for Urban and Rural Planning.

22. Academy of managers for Construction and Urban Centers.

23. Construction Newspaper.

24. Construction Magazines.

25. Information Center.

The units stated from Clauses 1 thru 17 of this Article are those assisting the Minister in performing the state management function; the units stated from Clauses 18 thru 25 of this Article are non-business units attached to the Ministry.

Department of Planning and Finance and Department of Organization and Personnel may organize 4 sections.

The Minister of Construction shall submit to the Prime Minister for promulgation a decision providing for list of remaining non-business organizations of the Ministry.

Article 4. Effectiveness

This Decree takes effect on August 15, 2013, replacing the Government’s Decree No. 17/2008/ND-CP of February 04, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Article 5. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of the provincial/municipal People’s Committees shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung