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Decree 17/2008/nd-Cp: Functions, Tasks, Powers And Organizational Structure Of The Ministry Of Construction

Original Language Title: Nghị định 17/2008/NĐ-CP: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Xây dựng

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The DECREE stipulates the functions, duties, powers and organizational structure of the Ministry of construction _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Considering the recommendation of the Minister of construction and the Minister of the Interior, the DECREE: article 1. The position and function of the Ministry of construction is Government agencies implement state management functions: construction; architecture, construction planning; urban infrastructure, industry, economic zones, high-tech zones; urban development; housing and offices; real estate business; building materials; governance of public services in the areas of management of the State under the provisions of the law.
Article 2. Duties and powers of the Ministry of construction is responsible for performing the duties and powers prescribed in Decree No. 178/2007/ND-CP dated 3 December 2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies and those duties, the following specific powers : 1. The Government of the project laws and ordinances; the draft resolution, the Decree of the Government under the program plans to build the Ministry's annual law was approved and the project, other legal documents as assigned by the Government.
2. The Prime strategy, development planning, long term plans, five year, every year, the program national projects in the field of governance; the draft decision, the directive of the Prime Minister.
3. Promulgation of decisions, directives, circulars in the scope of the governance; built to process issued by the authorized or issued under the authority of the national standards system, technical standards in the field of governance.
4. Steer, guide, inspect, check and responsible implementation of these legal texts, strategy, planning, plans have been approved within the governance of the Ministry; advocacy, dissemination, legal education and information about the State management sector of the Department.
5. On building: a) instructions, check the implementation of the provisions of the legislation in the field of construction, lines formed and managed the implementation of investment projects in construction, survey, design, construction, testing (volume, quality), delivery, warranty, maintenance of construction works;
b) instructions, check the level, extend, modify, revoke the license of the construction works in accordance with the law;
c) Guide, examine the implementation of the provisions of the laws and conditions of practice capacity building of individuals and conditions the capacity building activities of organizations involved in construction activities include: establishment of the investment project of construction works; prospecting, building design; building construction; construction supervision; construction cost management; project management of construction works;
d) instructions, check the level and types of management practice building activity under the provisions of the law;
DD) instructions to check the work of selecting contractors in construction activity according to the provisions of the law on construction and procurement law;
e) Guide, check out the grant, revoke the license for foreign contractors in construction activities in Vietnam; make, revoke the license for foreign contractors is held the contractor of the project group A and the other package in two or more provinces;
g) instructions, check the implementation regulations of foreign consultants Hired during construction activities in Vietnam;
h) instructions, check the quality management of construction works in the stitch: survey, design, construction, testing, delivery, warranty, maintenance and construction; manual operation quality of construction works and organizations make the assessment on the quality of construction work according to the hierarchies of the Government and assigned by the Prime Minister;
I) announced the construction norms, capital productivity, construction price index, method of determining construction price index; instructions, check the set up and management of investment costs of building works include: the total level of stupid investment construction, construction estimating, construction norms and construction prices, the method of measuring the volume of peeling buildings, method of determining the price of American construction machinery and equipment;
k) instructions, check the implementation of the provisions of the law of contract in construction activities;
l) instructions, check the implementation of traffic rules on the submission and storage of records, documents and building survey, design build, profile, materials complete the construction according to the provisions of the law;
m) appraisal of investment projects under construction, engineering design and construction estimation according to the assignment of the Government; the Guide, check out the work of evaluation of investment projects in construction, design engineering, construction drawing design and estimation of construction works according to the rules of project management of construction works;
n) directing, instructing, examining the implementation of the investment project to build significant, key national monuments under the provisions of the Government; duties, powers the investor for the project construction thought important, national key works are the Prime assignment.
6. About the architecture, building planning (including: construction Planning Department, planning urban construction planning, construction of rural residential point, planning the construction of economic zones, industrial, high-tech zone, planning to build the international border importance): a) Build Vietnam development architecture match each stage; directs the implementation after it is approved by the Prime Minister;
b) building, the authority issued or issued under the authority of standards, technical regulation on architecture, urban planning, building regulations, appraisal, approval of the building plan category; Guide to test the implementation;
c) instructions, check the implementation regulations of the architecture of the town;
d) held up, due diligence, the Prime Minister approved the building plan is specific to the assignment of the Government; directs the implementation after it is approved by the Prime Minister;
DD) Organization of appraisal or agreement to grant the authority approved the construction plan type according to the hierarchy;
e) Guide, examine the implementation of the provisions of the law and the capacity of individuals and organizations participate in the planning design construction;
g) instructions, check the level and manage professional architects.
7. On the technical infrastructure of industrial zone, urban economy, high-tech zones, including: infrastructure urban traffic; water supply, wastewater, water drainage, lighting, Green Park, the cemetery, the garbage in the urban, economic, industrial, high-tech zone (hereinafter referred to as the technical infrastructure): a) steering the orientation, strategy, program, national projects on development of technical infrastructure , the norms in the field of technical infrastructure in the tasks of socio-economic development of the country as each stage after being approved by the Prime Minister;
b) building, the authority issued or issued under the authority of standards, technical standards in the field of technical regulations, the process of establishing, assessing, approving the plan type field of technical infrastructure; instructions, check the implementation;
c) directing, instructing, examining the implementation of the mechanisms, policy development and management of infrastructure services; guide the establishment and management of cost of services on technical infrastructure;
d) held up, due diligence, the Prime Minister's approval or approval under the authorization of the Prime Minister of the plan in the field of technical infrastructure as assigned by the Government; directs the implementation after approval;
DD) Organization of appraisal or agreement to grant the authority to approve the type of plan in the field of technical infrastructure according to the hierarchy.
8. urban development a) directs the implementation of the strategy, the overall planning of development of urban systems in the nation, the program, national key project on urban development after being approved by the Prime Minister;
b) directing, instructing, examining the implementation of the mechanisms, policies and solutions of construction and urban development, the policies, the solution manages the process of urbanization, urban management models;
c) build the evaluation criteria, classification of municipalities according to each phase fit the general development process of the country; Guide, test and implement the evaluation and classification of municipalities annually under the criteria has been Government regulations; the decision to recognize the type of municipality according to the hierarchy of the Government;
d) directing, instructing, examining the works construction and urban development under planning; instructions, check the implementation of the new regulation; order management guide urban construction;
DD) instructions, check the exploitation of urban construction land use by planning urban construction has been approved;
e) held the investment promotion activities of construction and urban development; advocacy organization, exploitation, coordination of domestic and external resources for the development of the national urban system as assigned by the Government;
g) Organization to build and manage the system, the database provides information on urban development.
9. Housing and the workplace: a) build the development orientation of national housing for each stage of 10 years, the national housing program for five years, the housing development targets and planned social housing development in the tasks of socio-economic development of the country as each stage; directs the implementation after it is approved by the Prime Minister;

b) Guide, check out the people's committees of provinces and cities under central building housing development program, local housing development targets and planned social housing development in the tasks of socio-economic development of the locality under each stage;
c) presiding, in collaboration with relevant agencies, organizations evaluation system development planning Department of the State administration, Office of State-owned agencies, socio-political organizations, the central public career; the Organization implemented after being approved by the Prime Minister;
d) Guide, check out the people's committees of provinces and cities under central planning in the Development Department of the State administration, Office of State-owned agencies, socio-political organizations, local public career;
DD) construction, process issued or issued under the authority of the housing building standards, public offices, the headquarters working; issued regulations on classification criteria, the sample design, the typical design, regulations, used, warranty, maintenance, housing, the workplace, the working Headquarters from central to local;
e) presided, in cooperation with the Ministry of Finance building, the Prime Minister issued the standard use of the home civil service, public housing rental price frame, the frame rates for rent, rent to buy social housing apply to each period with suitable conditions for socio-economic development of the country; instructions, check the implementation;
g) presiding, in cooperation with the Ministry of planning and investment to build the investigative criteria, statistics, reviews on housing; steer, guide the work of the investigation, statistics, reviews on housing; guide the construction of data base management, and provides information about housing, public offices, the headquarters of the State-owned work; General, announced a five-year periodic information about housing on the nationwide;
h) instructions, check the certificate of house ownership, the owner of the construction works in accordance with the law.
10. On the business property: a) directs the implementation of the strategy, development and management of the real estate market after approval by the Prime Minister;
b) presiding, in cooperation with the ministries, ministerial agencies, people's committees of provinces and cities under central in managing real estate business activities;
c) guide the rules of real estate are put into the business;
d) instructions, check the implementation of the provisions of the law on condition that the capacity of the project owner, new urban housing projects, infrastructure projects, industrial engineering;
DD) instructions, check the implementation of the provisions of the law in house purchase activity, building construction, operation of assignment the new urban projects, housing projects, infrastructure projects in industrial zones;
e) issued the framework program training, fostering knowledge of the broker, real estate appraiser, managing real estate transactions; issued certificate template real estate broker, real estate appraiser certificate; instructions, check the level and Certificate Manager real estate broker, real estate appraiser certificate;
g) founded and managed the operation of the system of information on the real estate market and the real estate business.
11. About building materials: a) directing, instructing, examining the implementation of the master plan for the development of the national building materials, development of the building materials, cement development plan, the national program of building materials after being approved by the Prime Minister;
b) held up approval, and directing, guiding, inspecting the implementation of the development plan: paving materials, glass building, sanitary;
c) Guide, check out the people's committees of provinces and cities under central in the creation, evaluation, approval and management of development of local building materials;
d) directing, instructing, examining the implementation of the plan for exploration, mining, mineral processing, construction materials, cement manufacturing raw materials after they are approved by the Prime Minister;
DD) valuation activities Guide, reviews of: mining and processing technology of mineral building materials, raw materials for cement production; technology for production of building materials; product quality building materials;
e) held the investment project appraisal of extraction, mineral processing, construction materials, raw materials for cement production and construction projects in the field of building material industry according to the hierarchy of the Government;
g) Organization directs the implementation of the technical regulation, the provisions on safety, industrial hygiene activities: mining, mineral processing, construction materials, cement manufacturing raw materials; production of building materials;
h) issued the list, conditions and standards for building materials, building materials export restrictions, business building materials must have the condition; the Guide, check out the implementation.
12. the engineering construction safety: a) tutorial, check out the work of technical safety in the construction industry;
b) category of machines, equipment, materials, strict requirements on safety in the construction industry, suggest that the Ministry of labour, invalids and social unity;
c) issued auditing process for the machine, the device has a strict requirement of safety in the areas belonging to the scope of the Department's governance, after the evaluation of the opinion of the Ministry of labor, invalids and Social Affairs;
d) formulate and promulgate criteria, technical conditions for auditing organizations when performing the test, the device has a strict requirement of safety in the areas belonging to the scope of the Department's governance, after the evaluation of the opinion of the Ministry of labor, invalids and Social Affairs;
DD) instructions, check the measures taken in the regulation of the law of safety for machinery, equipment, materials and strict labor safety in the range of State management.
13. On the protection of the environment: a) directing, instructing the integrating planning, planning, environmental protection programs in the strategy, planning, plan, program developer fields within the governance of the Ministry;
b) research, propose the enactment of new or modified, additional environmental standards; building and issued under the authority of the technical standards for the quality of the environment, environmental waste in areas of governance;
c) directing, guiding the implementation of the environmental assessment report, the report on environmental impact assessment; Organization of the report the evaluation of environmental impact assessment under the authority, monitoring the impact on the environment from the operations of the industry, the field of reporting, the situation of the industry's environmental impact, field; management and control of waste, noise, vibration, light, radiation; prevention, environmental incident response, environmental pollution, restoring the environment in the field of management of the domain according to the provisions of the law;
d) tracking, check the implementation of the provisions of the law on the protection of the environment in areas of governance.
14. Implementation of the international cooperation in the areas of management of the State under the provisions of the law.
15. Build and organize the implementation of the strategy of developing science and technology in the construction industry; organize and direct the implementation of the research activities, the application of scientific advances in the areas of technology, governance of the Ministry.
16. The construction and implementation of strategies for human resource development training in the construction industry; in collaboration with the Ministry of education and training, Ministry of labor, invalids and Social Affairs training program building architects, engineers and other professions rank in the construction industry; build the program and training organizations, fostering professional knowledge for public servants in the construction industry; build the program and training organizations, fostering knowledge of the management of the municipality for the administration of the town.
17. Decisions and steer the programme of administrative reform Set by the objective and content of the program of State administrative reform has been the Prime Minister for approval.
18. the representative of the owner of the State's stake in State enterprises in the management scope of Ministry: a) building project to sort, organize, convert the property of State enterprises in the management scope of Ministry to the Prime Minister for approval, and directing the implementation of the project after approval;
b) The Prime Minister appointed or appointed under the authority of the party leader, Manager, Chief Accountant of the State company yet equitizing State enterprises or not yet transferred the right to represent the State stake holders of the Corporation's investment and trading state capital;
c) The Prime Minister for approval or approval according to the jurisdiction rules of organization and operation of State-owned companies not yet equitizing State enterprises or not yet transferred the right to represent the State stake holders of the Corporation's investment and trading state capital;
d) representatives of the State stake in State enterprises Ministry when transformed into joint stock companies.
19. the decisions undertakings, specific measures and steer the implementation mechanism of the Organization of the public service management in accordance with the law; management and direction for the activities held in The career.
20. State management for cooperative enterprises of all economic activity in the areas belonging to the scope of the governance provisions of the law.
21. The guide, facilitate and check the operation of the Assembly, non-governmental organizations active in the field in the scope of the governance; the proposed poll organization, review of the non-governmental organizations concerned to improve the policy mechanisms in the scope of the State management as needed.

22. The inspection, inspection, complaints, accusations, against corruption, negative and handle breach of the law in the areas under the jurisdiction of the Ministry of State administration.
23. turnover in management public servants, officers specialized in construction: a) the implementation of the duties and powers of management turnover, specialized officer under the provisions of the law;
b) issued standards, professional standards, business turnover in the sector officials, by the assignment areas, decentralization of management after evaluation of the opinion of the Ministry of the Interior; built to professional standards, business turnover in the sector, in the field of public servants by Department is assigned the management hierarchy, to the Ministry of the Interior issued; enact specific professional standards of Heads of specialized agencies in the field of industry, in management by the provincial people's Committee, the central cities.
24. organizational management, payroll; directs the implementation of the regime of salary, compensation, reward, discipline and other policy regimes for public servants in the scope of management.
25. Construction of estimation of the annual budget; in collaboration with the Ministry of finance, General estimation of incomes and expenses budget, by sector in the fields of range management to the Government; management, implementation and finalization of State budget; perform other tasks on the State budget, finance, property under the provisions of the law.
26. Perform other duties as assigned or authorized by the Government, the Prime Minister.
Article 3. The Department's organizational structure 1. Architecture, planning construction;
2. construction activity management;
3. Service building materials;
4. Economic construction;
5. Science, technology and the environment;
6. Financial planning;
7. Service legislation;
8. international cooperation;
9. Service personnel;
10. The Inspector;
11. The Office of the Ministry;
12. The Bureau of the State inspection of the quality of construction works;
13. the Department of management and the real estate market;
14. Department of technical infrastructure;
15. The Bureau of urban development;
16. The representative body building in Ho Chi Minh City;
17. The Institute of architecture, urban and rural planning;
18. Economic construction;
19. The Institute of building science and technology;
20. Academy building managers and municipalities;
21. The information centre;
22. Constructive Notice;
23. Construction magazine.
The unit from clause 1 to clause 16 this is the organization that helps the Minister implement state management functions, from account to account is the 23-17 business units under the Ministry.
The Service: construction management, planning and finance, organization officials held directly under the Room.
The construction Minister, the Prime Minister issued the list of remaining career institutions under the Ministry.
Article 4. Effective enforcement of this Decree has effect after 15 days from the date the Gazette; replacing Decree No. 36/2003/ND-CP dated 4 April 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of construction and the previous provisions contrary to this Decree.
Article 5. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.