Decree 26/2013/nd-Cp: On The Organization And Operation Of The Inspection Of The Construction Industry

Original Language Title: Nghị định 26/2013/NĐ-CP: về tổ chức và hoạt động của thanh tra ngành Xây dựng

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THE GOVERNMENT.
Numbers: 26 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 29, 2013

DECREE

V. the organization and operation of I Look at the industry. X the build up

____________________

The Law base. Nest Ch. I'm The government on December 25, 2001;

- What? Keep Rules. X Dd Well, November 26, 2003 and Law S Change, b socket Add a Stain. What of the l Oh, Okay. The basic building investment of June 19, 2009;

The Law base. N The 29th of th. Ah! - 1 1 in 2005;

The Law base. Ki Real estate business on June 29, 2006;

The Law base. Q Urban planning on June 17, 2009;

The Law base. I You're on 15. Ah! - 1 1 in 2010;

At the suggestion of the Minister of Construction. ()

Ch I'm The government enacted a decree on the organization and operation of the Inspector of Construction. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree provides for the organization and activities of the State Department of Construction agencies, inspectors, and collaborators of the construction industry; the responsibility of the agencies, the organization, the individual in the construction of the inspection industry.

What? 2. Opposition Detective.

1. The agency, organization, individuals within the state management range of the Ministry of Construction and of the authorized or hierarchy of the Building. Brew The people of the provincial community.

2. Agency, organization, Vietnamese and foreign individuals operating on the territory of the Socialist Republic of Vietnam have the obligation to do so. All The provisions of law in the fields of the Department of Construction, Department of Construction.

Chapter II

ORGANIZATION, MISSION, THE POWERS OF THE STATE INSPECTION AGENCIES CONSTRUCTION BY THE U.S.

What? 3. State Inspector of State Building

1. Inspector of the building.

2. Inspector Department Building.

Inspector of the Department of Construction, Detective Department Building with a stamp and a private account.

What? 4. The organizational structure of the Building Inspecer

1. The Inspector of Construction has Chief Inspector, Deputy Chief Inspector, inspector, civil service, which is organized into the service rooms.

2. Chief Inspector appointed by the Secretary of State, dismissal after unification with the Inspector General of Government. .

The Deputy Chief Inspector, appointed by the Secretary of State, is dismissed by the recommendation of the Chief Inspector. The Deputy Chief Inspector of the Chief Inspector of the Chief Inspector of the Chief of Staff to the Chief Inspector of the United States.

The office rooms were decided by the Minister.

What? 5. Mission, the powers of the Inspector of Construction

Inspector of the Ministry of Construction execution of duty, powers prescribed at Article 18 Inspector Law, Article 7 Digital Protocol 86 /2011/NĐ-CP September 22, 2011 of the Government rules the details and guidelines for some of the provisions of the Law of the Inspector and the duties, the following powers:

1. The survey, gathering information as the basis for the construction of the board of Ministers; the orientation of the Ombudbuilder Inspectman. d -No, no, no.

2. The implementation of the disciplinary inspection is provided by the provisions of Article 11 of this decree.

3. Requesting Inspector General. p, report on the inspection work within the state management scope of the Ministry of Construction.

4. The organization focuses on the inspector for the public, the inspector general of the construction industry.

5. Presiding or joining the interdisciplinary inspection corps led by the Ministry, the industry, the local establishment.

6. Directed, professional guidance, career inspector general for the Inspector of Construction.

7. Permanent cell A citizen, a reagent, a complaint, a complaint. Stain. And the corruption room.

8. The General Law on the Inspector, the Law on Building, the Acute Amendment, is the complete amendment.

What? 6. Mission, the powers of Chief Inspector Inspector

Chief Inspector of the Ministry of Construction execution of duty, powers prescribed at Article 19 Inspector Law, Article 8 Digital Protocol 86 /2011/NĐ-CP and the following duties, the following powers:

1. The decision to establish an inspection team was approved by the Secretary of State.

2. The decision to make a case of a breakthrough when the agency is discovered, the organization, the individual with signs of violation of the law or at the request of the settlement of the complaint, denouncing, in the chamber, against corruption or by the Secretary of State.

3. The Minister made the decision to establish a joint administrative inspector corps under the approved inspection plan or a breakthrough. Oh. The case is particularly complex, in relation to the management responsibility of a variety of levels, many disciplines; the decision to establish a specialized inspection team under the approved or groundbreaking inspection plan for the complex, related to the management responsibility of the government. Many agencies, units, multiple levels, lots of industries.

4. Request Chief Inspector Department to report on a periodic or groundbreaking professional inspector.

5. To punish the administrative breach under the rule of law.

6. Duties, other powers delivered by the Secretary of State.

What? 7. The organizational structure of the Building Inspecer

1. Chief Inspector Chief Inspector, Deputy Chief Inspector, Inspector v. i The civil service.

Chief Inspector was appointed by the Director of the Department of Appointments, dismissal after reunification with Chief Inspector of the Province.

Deputy Chief of Staff, appointed by the Director of the Department of Appointments, is dismissed by the recommendation of the Chief Inspector. The Deputy Chief Inspector of the Chief Inspector of the Chief Inspector of the Chief of Staff to the Chief Inspector of the United States.

2. The Inspector of the Building of Hanoi and Ho Chi Minh City are organized teams located at the district level.

What? 8. The mission, the powers of the Inspector of Construction

Inspector of the Building Building Task Act, jurisdiction stipulated at Article 24 Inspector Law, Article 13 Digital Protocol 86 /2011/NĐ-CP And missions, regulations. Okay. The following term:

1. The survey, gathering information as the basis for inspection of the inspection plan in the direction of the Inspector of the Department, the Director of the Department of Commerce, reports the Department of Inspects.

2. An implementation of the disciplinary inspection is provided by the provisions of Article 11 of this decree within the jurisdiction of the jurisdiction.

3. Often direct civil service, addressing complaints, denouncing, and prevention, anti-corruption.

4. Presiding or participating in interdisciplinary inspection by departments, sectors, localities, and participating in the inspection corps led by Inspector of the Department.

What? 9. Mission, the powers of Chief Inspector Inspector

Chief Inspector of the Construction Department for duty, jurisdiction stipulated at Article 25 of the Inspector Law, Article 14 No. 86 /2011/NĐ-CP and the following duties, the following powers:

1. Make a decision. l The bar. to A plan for inspection has been approved by the Director of the Department.

2. The decision to make the inspector break when the detection of a violation of the law, or at the request of the settlement of the complaint, denounce, in the chamber, against corruption or by the Director of the Department.

3. The Director of the Department decides to form an inspection team, the interdisciplinary inspection of the inspection plan that is approved or required by the request of the inspection.

4. The director of the operation. l Officer, officer, inspector of the Department of Construction, under the rule of law.

Chapter III

CONSTRUCTION INDUSTRY INSPECTOR

What? 10. Administrative Inspector Content

Inspector of the Department of Construction, Inspector of the Building Department for the approval of the policy, the law, the assigned task of the agencies, t socket And the individual rules at Article 2 of this decree.

What? 11. Professional Inspector Content

1. Inspection of the implementation of the law of planning, architecture:

a) In terms of planning, appraisal, approval and regulation of construction planning: Building planning. d The planning area; urban planning; the planning of building a rural population point; new rural construction planning; industrial building planning, economic zones, high tech sectors, international border stores;

b) In terms of construction management work: Public announces construction of construction; construction of the construction index and other regulatory boundaries outside the field; planning licensing; providing information on the construction planning; construction of construction planning. to be granted the authority to approve;

c) The management, which uses capital for the construction of construction by jurisdiction;

d) The organizational capacity of the organization, the individual involved in the planning design, the architect's practice, the practice of urban planning engineers; the training, level, and management of the certificate of architect, the practice of planning engineers. Urban.

2. Inspection of the implementation of the law regulations on building investment activity:

a) The establishment, appraisal, approval of the investment project construction project;

b) The establishment, appraisal, technical design approval, construction of construction drawings, total accounting, construction work, and construction work;

c) The adoption of the construction process, construction standards for construction work; the adoption of foreign construction standards in construction in Vietnam;

d) C All p, renew, adjust, reorder, revoking the construction license and construction management under construction permit;

) The selection of the contractor in the construction operation under the provisions of the Building Law and the law of bidding;

e) The granting, revoking the bid for foreign contractors operating in Vietnam;

g) V Foreign counsel in the service in Vietnam;

h) The signing, implementation of the contract in the construction operation;

i) Job creation, job management investment management What? But,

) The management of the quality of construction works; solutions, tables, warranty, public maintenance, etc. presentation ; payment, process decision by jurisdiction;

l ) Training, career fostering, level and management l I mean, all kinds of certification, the practice of doing business in accordance with the laws of law;

m) The establishment, the operation of the laboratory specialized laboratory.

3. Inspection of the implementation of the law regulations on urban development, including:

a) The implementation of the planning, the planned urban development plan has been granted jurisdiction;

b) Compliance with the rule of law in the upgrading of the municipality;

c) The construction of urban areas.

4. Inspection of the implementation of the law on management, use d All right, cheers. What? Technical infrastructure, including: water level, drainage, sewage treatment; conventional solid waste; urban lighting, urban green; cemetery; urban underground works; other technical infrastructure works within the Ministry of State management functions. Construction.

5. Inspection of the implementation of the laws of development, management, housing use, real estate business, management, use of the public within the state management functions of the Ministry of Construction.

6. Inspection of the implementation of the law regulations on mineral exploitation as construction materials, production of building materials; the construction of construction materials under the rule of law.

7. Inspection of the implementation of the law on the settlement of the complaint, denouncing, the prevention of corruption under jurisdiction.

8. Inspection of the implementation of other laws in the fields of the state administration of the Construction industry.

What? 12. Review of Inspector Plan

1. Chief Inspector d There was a responsibility for the Secretary of Construction to approve the slog plan on 15 November.

The Minister of Construction is in charge of review, approving the slog plan of inspection on November 25 every year.

2. Based on the inspection program of the Inspector of Construction and Provincial Inspects, the Chief Inspector of the Construction Department is responsible for the Director of the Construction Department of Planning to approve the slowest inspection plan on December 5.

The Director of the Construction Department is in charge of review, approving the slog inspection plan on December 15 each year.

The inspection plan was sent to Inspector of the Delay Building on December 25 daily. What? m.

3. The investigation of the inspection plan Oh, approved by the Ministry of Construction d You must report to the Secretary; the inspection of the approved inspection plan of the Construction Department has to report the Director. Stain. -Yeah.

What? 13. Cross-overlapping processing in detective activity

1. The inspection plan of the Construction Department if the overlap with the inspection plan of the Ministry of Construction is done under the inspection plan of the Ministry of Construction.

2. Chief Inspector of the Construction Department. Stain. In case, the Chief Inspector of the Province addresses the overlap in the construction of the construction industry with the local inspection agencies.

What? 14. The authority to decide the inspector

Chief Inspector of the Department of Construction, Chief Inspector of the Construction Department makes decisions on administrative inspectors, specialized inspector. When necessary, the Minister of Construction, the Director of the Construction Department makes the decision to be made in accordance with Article 3 of Article 6 and Section 3 Article 9 of this decree.

What? 15. Yeah. Check out the inspector

1. Specialized inspection, the administrative inspector conducted by Inspector of the Department of Construction. cell So, 45 days too, the complex could last but not more than 70 days.

2. Specialized inspection, the administrative inspection. d o The Construction Department conducts no more than 30 days, complex or due to difficult travel conditions in mountain, border, sea, deep, remote areas that may last longer but not more than 45 days.

3. The decision to be decided by the judge to extend the inspection deadline is specified in Clause 1 and Article 2 of this.

What? 16. The sequence, the active procedure for Building the Construction Industry

1. Inspection activities of the Department of Construction Department, Inspector of the Construction Department on the provisions of the Inspector Law, Protocol No. 86 /2011/ND-CP, Number Protocol 07 /2012/NĐ-CP February 9, 2012 of the Government Regulation of the Authority is tasked with specialized inspection and specialized inspection activities.

2. Detective Inspector Inspector's Inspector l It ' s done by the regulation of the digital decree. 07 /2012/NĐ-CP.

What? 17. Mission, authority of the Chief Inspector

1. In the process to Ah, the Chief Inspector has a mandate, the following powers:

a) The organization, the commander of the detective crew, performs the right content. to a;

b) Petition with the decision of the inspector to apply the measure of duty, the authority of the decision-making decision stipulated at Article 55 of the Inspector Law;

c) Requesting permission for the license to export the license, What? Signs of business, certificate of practice and provision of information, documents, written reports, documentation of the problem related to the inspection;

d) Edit the breach of the puzzle i The inspector.

) The asset examination is related to the inspection object of the inspector object;

e) The agency, the organization, the individual has information, documents related to the interior. d The cancer provides the information, the document.

g) Temporary i save money, objects, permits to use illegal law in accordance with the fact that it is necessary to prevent any violation of the law or the law. Okay. Verify that the proof is possible. l I do

h) The decision to seal the document of the inspection object when there is grounds that there is a violation of the law;

i) -Yeah. What? Only or petition to the authority to suspend the employment of the inspector when it is found to cause serious damage to the interests of the State, the right and the legitimate interests of the agency, the organization, the individual;

) The petition for a temporary authority to suspend disciplinary action, transfer of business, to retire to the person who is collaborating with the authorities of the state. Oh. c, the body is assigned to either a specialized inspector function or an inspector if it is found that the enforcement of the decision is impediable for inspection;

l ) A request for a credit organization to blockade the account of the inspector to serve the inspection when it is said that the detective object had a breach of property;

m) X Yeah. conduct of the administrative breach in accordance with the rule of law on administrative violation;

n) The report with the decision-making decision on the result of the inspection and is responsible for the accuracy, honesty of that report.

2. The inspector general's seal is stamped on its signature on the basis of the text to apply the measures to conduct inspection duties under jurisdiction.

3. When the review does not need to apply the prescribed measure at g points, h, i, k and l This one, the Chief Inspector General must decide or petition the cancellation of the measure.

4. When carrying out the mandate, the powers stipulate in Clause 1 and Article 2 of this, the chief inspector must be held accountable to the decision of the inspector and before the law of conduct, the decision.

What? 18. Implemation of Inspector

1. During the 15-day period Okay. from the date of the inspection or to receive an inspection, the Minister, the Director of the Department, is responsible for the execution of the inspection.

2. Chief Manager l The state of the same level as the decision-making body, the head of a career unit, the chief of the business, the law of the business, is the object of the inspector responsible for the decision to process the disciplined personal discipline. to The wasp concludes the inspection in accordance with the rule of law on the cadres, civil unions, or the law of labour.

3. The agency, the organization, the individual with the responsibility to handle the breach stated in the inspection conclusion, the decision to handle the regulation inspector at Clause 2 This without handling, untimely treatment or incomplete handling is considered to be handled by the prescribed liability. the law.

What? 19.

1. Chief Inspector d The decision to rebar the case was decided by President. Brew The provincial population of the provincial population concluded within the scope, the state administration authority of the Department of Construction but found signs of violation of the law when it was issued. to I do.

2. The decision to rebar includes the content prescribed at paragraph 1 Article 52 Laws. I I'm looking. At least 3 days of work, since the day of the signing of the inspector, it is decided that the inspector must be sent back to the man who signed the inspector and the bar. to Come on.

3. The base of the inspection, the time of the bar. to Again, the deadline of the inspection, the mandate, the powers of the decision-making, the inspector general, the inspector member, report the results of the inspection, the conclusion of the inspection, and the conclusion of the law. I Inspector, Decree No. 86/201 1 /ND-CP, Digital Protocol 07 /2012/NĐ-CP.

4. Inspector General of the Department of Construction is sent to the Secretary of State, Inspector of Government.

What? 20. General, report of the Construction Industry Inspector

1. Chief Inspector General of the Department of Construction, report to the Secretary General, the Inspector General of the Government on Inspector General, addressing the complaint, denouncing, in the chamber, against corruption within the scope of his responsibilities.

2. Chief Inspector Chief of the Construction of the Director, Chief Inspector of the Department of Construction, Chief Inspector of the Department of Public Affairs Inspector, addressing the complaint, denouncing, denouncing, anti-corruption within the scope of his responsibilities.

Chapter IV

INSPECTOR, THE BUILDER OF THE CONSTRUCTION INDUSTRY

What? 21. Construction Department Inspector

1. Construction of the Construction Industry is the civil service of the Construction Department, Inspector of the Construction Department, appointed to the inspection tranche to perform inspection duties and other duties according to the assignment of Chief Inspector of Construction, Chief Inspector of the Department of Construction. Yeah.

2. The Construction Department inspector has a mandate, the following powers:

a) Carrying out the mandate, the powers prescribed by the law of the inspector and the provisions of the law on construction; in charge of the Chief Inspector of the Construction Department, Chief Inspector of the Construction Department, and before the law on the assignment of duty;

b) Sanctipation of administrative violations or the petition of the person with the authority to punish the administrative violation under the rule of law.

What? 22. Costume, badge, sign of the Construction Department inspector

1. Secretary of the Construction Department on the costume, the rank of Inspector of Construction after unification with the Inspector General of Government.

2. The Construction Department inspectors are responsible for the preservation, use of an inspector, sign, badge, badge while on duty. Strictly forbidden to organize, the individual uses an inspector, costume, badge, sign, similar rank, confusing to the construction industry inspector; prohibits the construction of the construction industry, the badge, the sign, the sign, the sign. Personally. The case of inspectors using a badge, badge, signs of law enforcement. What? Depending on the nature, the extent of the breach is subject to disciplinary action or to pursue criminal responsibility under the rule of law.

What? 23. The staff of the Construction Industry Inspector

1. Department of Construction Industry Inspector d But the officer, the officer, who understands the depth of the profession, is being investigated by the Department of Construction, Inspector of the Department for the inspection of the inspection team. Bar collaborator to a construction industry that is not part of the payroll of the bar to a state.

2. The builder of the Construction Industry is a person of moral dignity, sense of responsibility, integrity, honesty, justice, objective.

According to the inspection request, the Chief Inspector of the Inspector of the Inspector. The exercise ends with the inspection. What? Either the inspection or the inspection partner does not meet the prescribed duty requirement.

3. The Construction of the Construction Industry has a mandate, powers, and responsibilities under the rule of law.

Chapter V.

THE RESPONSIBILITY OF THE AGENCIES, ORGANIZATIONS, INDIVIDUALS IN THE CONSTRUCTION OF THE CONSTRUCTION INDUSTRY.

What? 24. The responsibility of the Minister of Construction

1. Leadership, directing the inspection activity within the management scope of the Ministry of Construction.

2. Approve the Building's annual inspection plan.

3. Timely handling of the conclusions, the petition for the inspection work.

4. Full-organization event; direction, funding assurance, facilities, facilities, costumes, and operations conditions for the Department of Construction.

5. Issued a specific regulation of clothing, media, technical equipment of the construction industry inspector.

6. Other responsibilities under the rule of law.

What? 25. Owner's responsibility Shit. Ch. Brew The people of the provincial population.

1. The headquarters of the Construction Department, in conjunction with the Department of the Interior Building the entire organizational structure of the organization, the operation of the Inspector of the Department.

2. The organization, the director, carried out the entire organizational structure of the organization, the foundation, the facilities, the facilities, the equipment, the costumes and the operational funding of the Building Department at the suggestion of the Director of Construction.

3. The Coordination of Coordination of Operations between the Office of the Construction Department, Brew The people in the district department and Brew The people of the people are in charge of the management of the construction order on the site.

What? 26. The responsibility of the Director of Construction

1. Leadership, directing the inspection activity within the management range of the Construction Department.

2. Host, coordinate with S in The interior of the construction of the organizational structure of the organization, the operation of the Inspector of the Department, the Chairman of the Chairman. Brew The people of the provincial government approve.

3. Take the prescribed responsibility at Clause 2, Clause 3, Clause 4, and paragraph 6 Article 24 This decree within the management range of the Building Department.

What? 27. i It's a p between Building Industry inspectors and the c ... Uh ... Yeah, another organization.

1. Coordination of the Coordination of the Building Industry:

a) Inspector of the Ministry of Professional Affairs, a professional inspector for the Inspector of the Department.

b) Inspector Department is responsible for coordinating, sending men to join the inspectors. d o Chief Inspector or Minister decided to establish when required c. And Okay.

2. The responsibility of the agency in the construction industry:

The agencies in the Construction industry are in charge of providing timely, full, accurate information, documentation of the construction industry inspection agency to serve the inspection operation; help the Minister of Construction to review, process in time of breach. of the individuals, the agency, the unit discovered through the inspection.

3. Coordination responsibility p of other agencies, organizations:

a) The Department of the Interior is responsible for coordinating with the Construction Department of the Organizational Structure of the Organization, the Operations of the Construction Department.

b) The Security Agency is responsible for the responsibility of the operation. p, address petitions issued by the chair inspection agency. Okay. Fuck. What? n and answer b Yes. Text of the petition processing by regulation; coordination. p with the construction of the Construction Industry, the management force building. d I don't know. I don't know.

4. Responsibility, the rights of the agency, the organization, the individual is subject to the inspection and agency, the organization, the individual who is involved in accordance with regulation at Article 10 Law I I'm looking.

Chapter VI

EXECUTION CLAUSE

What? 28.

1. The decree has been in effect since 15 May 2013, replacing the International Protocol. 46 /2005/ND-CP April 6, 2005 the Government of the Organization for the Organization and Operations of the Construction Inspecship.

2. End Decision execution 89 /2007/QĐ-TTg June 18, 2007 by the Prime Minister on the founding of the establishment of the Ombudbuilder of the District, the district and the Ombudbuilder, the district, and the town. All n ' s in Hanoi and city walls. Stain. Ho Chi Minh.

What? 29.

1. The Construction Department is responsible for direction. d This is the execution of this decree.

2. Ministers, peer-to-peer agencies, Head of Government Office, Chairman of the Government Brew The people of the provinces, Stain. It ' s the Central Committee and the agencies, t. socket The individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung