GOVERNMENT DECREE on the Organization and operation of the GOVERNMENT construction inspectors pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Pursuant to the law on the Ombudsman of 15 June 2004;
Basing the Ordinance on administrative violations processing 2 July 2002;
According to the recommendation of the Minister of construction and the Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. The location, the function of construction inspectors inspect the construction to be held in the central system is inspected The building (hereinafter referred to as Inspector General) and in local building inspection (hereinafter referred to as inspection); perform the function of administrative inspection and specialized inspection within the scope of State management: building, building materials, housing and buildings, architecture, urban construction planning, building planning of rural settlement, urban infrastructure as prescribed by law.
Article 2. The object of construction inspector 1. Organizations and individuals under the jurisdiction of direct management of State administration of the building.
2. organizations and individuals, Vietnam participated in the building and outside the country; organizations, foreign individuals involved building activity in Vietnam.
Article 3. The principle of operation of the building inspection 1. Building inspection activities must comply with the law, ensure accurate, honest, objective, publicly, and timeliness; not impede the operation of the Organization, the individual is subject to inspection.
2. When conducting the inspection, the inspection decision, heads the delegation Chief Inspector, Inspector, inspectors and inspection group members must comply with the provisions of the law on the Ombudsman, this Decree and to be responsible before the law for all his decisions and behavior.
Article 4. The relationship of building inspection 1. Inspection of the Ministry of construction subject to the direction of the Minister of construction, at the same time subject to the direction, guidance on the work of the Organization, and of the Government Inspector.
2. Inspection subject to the direction of the Director; Subject Guide to the work, administrative inspection services of the Inspector of the central cities, and about the work of the Ombudsman profession, specialization of inspection.
3. Within the scope of its powers, duties, building inspectors are responsible for coordination with other relevant bodies in the implementation of the right to inspect and to prevent, detect, treat the violations of the law.
Article 5. The responsibilities of the agencies involved in the operation of the building inspector heads of police agencies, specialized inspection agencies and bodies, other relevant organizations within the scope of its powers is responsible for coordination with the building inspector in the prevention, detection and handling of violations of the law in construction activity.
Article 6. The responsibility of Heads of State management bodies in the activities of the Inspector of building 1. Minister of the Ministry of construction is responsible for organizing and directing the operation of the building inspector within the management of the Ministry; perfecting the Organization of inspection; equipped facilities, technical equipment, costumes and other conditions of service inspection activities; timely processing of the conclusions and recommendations of the Inspector in accordance with the law.
2. The Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) is responsible for the Organization, the whole event organization, equipped the facilities, technical equipment, costumes for inspection.
3. The Director of the building Department is responsible for the direction and ensure operational conditions for inspection; timely processing of the conclusions and recommendations of inspection under the provisions of the law.
CHAPTER II ORGANIZATION of the SYSTEM of INSPECTION of CONSTRUCTION of article 7. Organization system of building inspection 1. Organization system of building inspector including: a) The building inspector;
b) inspection of the construction.
2. The inspection organization build a seal and a private account.
Article 8. Inspection of the Ministry of construction 1. Inspection of the Ministry of construction is the Agency directly under the Ministry of construction, performing tasks of administrative inspection powers and specialized inspection within the governance of the Ministry of construction.
Inspection of the Ministry of construction has directly caused by construction Minister decided to establish.
2. Inspection of the Ministry of construction has the Chief Inspector, Deputy Chief Inspector and inspectors.
Chief Inspector of construction by the Minister appointed, dismissal, resignation after reunification with the Inspector General; the Deputy Chief Inspector, inspectors are appointed, dismissed under the provisions of the law.
3. Minister of building specific provisions about the Organization, staffing, tasks, powers of inspection of the Ministry of construction.
Article 9. Building inspection 1. The building inspection department is the agency that builds, perform the duties and powers of the administrative inspection and inspection of specialization within the Administration about the construction of the provincial people's Committee.
2. Inspection have the Chief Inspector, Deputy Chief Inspector and inspectors. The Chief Inspector of the Department by Director appointment, dismissal, resignation after reunification with the Chief Inspector; the Deputy Chief Inspector, inspectors are appointed, dismissed under the provisions of the law.
3. the required base, the task of managing the build order of the local people's Committee, the central cities of specific provisions on the Organization, staffing and operation of specialized building inspector under the guidance of the Ministry of construction and the Ministry of the Interior.
CHAPTER III DUTIES and powers of the BUILDING INSPECTOR 1 the MISSION and powers of INSPECTION of the CONSTRUCTION of article 10. The duties and powers of the building inspector 1. Chairing or participating in building the legal text the issuing authority; recommendations authority to modify, supplement or issued legal documents consistent with state management requirements of building.
2. Inspection of the implementation of policy, legislation and mandates for organizations, individuals administered directly by the Minister of construction.
3. Duties and powers of specialized construction inspectors as stipulated in article 17 of this Decree.
4. Sanctioning administrative violations in accordance with the law on handling administrative violations.
5. Recommendations authority to suspend unlawful acts of the Organization, individuals with enough determining violations causing damages to the interests of the State, the legitimate rights and interests of citizens.
6. Assist the Minister held reponsible citizens, complaint resolution, to report in accordance with the law.
7. Perform the task in the prevention and fight against corruption in accordance with law.
8. Guide professional training on specialized inspectors for inspection; instructions, check the units in The implementation of the provisions of the law on inspection.
9. periodic reports, inspection results report, check with the Secretary of the Ministry of construction and the Inspector General.
10. Perform other duties assigned by the Minister of construction.
Article 11. The duties and powers of the Chief Inspector of the Ministry of construction 1. Leadership, directs inspection within the governance of the Ministry of construction.
2. building the program, inspectors plan the Minister of construction approval and implementation program, that plan.
3. The Ministers decided that when inspectors discovered signs of breaking the law.
4. The Minister of the decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspections under the provisions of the law.

5. Recommendations to Minister to temporarily suspend the enforcement of the decision of the Organization, individuals administered directly by the Ministry of construction when there is evidence that the decision is unlawful or affect the activity Inspector.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. Recommendations the Minister considers responsible, who had handled in violation of the Minister; coordinate with the heads, held in consideration responsibility, treats people who have violations in the administration of the Agency, that organization.
8. the recommendations of Ministers addressed the problem of inspection; the case of recommendations that are not accepted, then the Inspector General report.
9. The building inspector leadership duties, other rights prescribed by law.
Section 2 tasks, POWERS of INSPECTION BUILDING article 12. The duties and powers of inspection of building 1. Inspection of the implementation of the policy, the law, the Agency's mission, the unit administered by the Director.
2. Duties and powers of specialized construction inspectors as stipulated in article 17 of this Decree.
3. Sanctioning administrative violations in accordance with the law on handling administrative violations.
4. The Ombudsman Service, the other by the Director of the Department of construction.
5. Perform the task of resolving complaints, accusations under the provisions of the law on complaints and denunciation.
6. Perform the task in the prevention and fight against corruption in accordance with the law on anti-corruption.
7. Instructions, check the units administered by the Director of the Department of construction made the provisions of the law on inspection; professional guidelines for inspectors.
8. General, reported the results of inspection, complaints, accusations, against corruption within State management of the building with the regulatory agency.
9. Perform other duties and powers prescribed by the law.
Article 13. The duties and powers of the Chief Justice Inspector of Department of building 1. Leadership, directs inspection within the scope of management of the building.
2. building the program, plans to inspect the building Facility Manager decision and implementation program, that plan.
3. The Director of the Department of building inspection decision when it detects signs of breaking the law.
4. The Director of the construction Department of the decision or the decision by the authority establishing the Corps of inspectors, inspectors of election, gather freelance inspectors perform inspections under the provisions of the law.
5. Recommendations to the Director of building Department to temporarily suspend the enforcement of the decision of the unit in the administration of the Department of construction when there is evidence that the decision is unlawful or affect the inspection activities; Building Facility Director petitions considered responsible, who had handled in violation of the Department building.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. Recommendations to the Director of building Department to solve the problem of the inspection; the case of recommendations that are not accepted, then the Chief of the inspection report, and the report the Chief Inspector of the Ministry of construction.
8. Head of inspection duties, other rights prescribed by law.
Section 3 CONSTRUCTION INSPECTORS, BUILDING INSPECTORS COLLABORATORS article 14. Building inspectors 1. Building inspectors who are assigned to do the inspection at the building inspection organization, was appointed, dismissed and granted the card standards inspectors inspectors by competent State bodies.
2. Building Inspectors must meet the eligibility standard, by the Minister of building regulations after reunification with the Inspector General and the Minister of the Interior.
3. When performing inspection, building inspectors have the obligation, the following powers: a) perform the obligation prescribed in paragraph 3 article 19 of this Decree and other obligations of the law on the Ombudsman;
b) perform the powers specified in article 40, article 50 of the law on the Ombudsman and the other rights prescribed by law.
Article 15. Partners building inspector 1. Building inspector collaborators who are building inspectors gather to perform inspection duties.
2. On the set, standard mode, responsibilities of collaborators building inspection under the provisions of the law.
CHAPTER IV INSPECTION of CONSTRUCTION ACTIVITIES article 16. The content of administrative inspection 1. Ombudsman for the Organization, individuals administered directly by the heads of State administration at the same level in the observance of the law, policies and tasks are assigned.
2. Perform the task of resolving complaints, accusations as prescribed by the law on complaints and denunciation.
Article 17. Specialized inspection content building inspector for individual institutions in implementing the policy, the laws of the State of construction activities: 1. The order of creation, appraisal, approval of investment projects in construction, total investment;
2. the clearance work of construction; conditions of construction works;
3. The order of creation, appraisal, approval of the engineering-design of estimation, estimation works; construction survey;
4. The application of standards, building standards;
5. The work of selecting contractors in construction activities;
6. quality management of construction works; test delivery put the work into use; the bar, the settlement process;
7. conditions, the capacity building activities of investment project management of construction works, the contractor building consultants and contractors the construction works and the institutions and individuals in accordance with the law;
8. The implementation of occupational safety, protection of human life and property; Prevention of fire, explosion, sanitation in construction;
9. The liability of the Organization, individuals in the construction planning tasks; the content of the planning authority, set construction, appraisal and approval, adjusted and executed, according to construction management planning;
10. The establishment and implementation of the development orientation of the House; the program, the development of new urban areas; the certificate of ownership, use and management of the home, use public office;
11. The establishment and implementation of the orientation, planning, program planning, development of urban infrastructure, the situation of exploitation, management, use of works include: summer, urban roads, water supply, drainage, sanitation, urban waste, cemetery, lighting, Green Park , parking in the municipality, public works and other infrastructure engineering works in the municipality;
12. The implementation of the development plan of building materials and the management of the quality of building materials brought into the process;
13. The implementation of the provisions of the law on construction activities.
Article 18. Forms of inspection 1. Inspection activities are conducted in the form of inspection according to the program, planned and unscheduled inspections.
2. Inspection planning program is conducted under the program, the plan has been approved.
3. unscheduled inspections are conducted when the organization or individual that signs violate the law, as required by the resolution of the complaint, report or by the heads of State administration authority.
Article 19. Inspection operation method 1. The inspection is performed according to the method Delegation inspected or independent inspectors.
2. inspection and inspectors Union activity under the provisions of the law on the Ombudsman.
3. When conducting the inspection must have the decision of the heads of construction inspector or State administration.

4. the head of the delegation inspected, inspectors must be responsible before the law and the decisions of the Ombudsman decision and its handling measures.
5. When the handle breaks, Group Chief Inspector, inspectors must fulfill the order prescribed by the law.
Article 20. Rights, duties of the Inspector object 1. The authority of the Inspector object: a) explanation about issues relevant to the content of the Inspector;
b) refuse to provide the information, documents in State secrets when the law has specified and the information, documents and content not relevant to the inspection;
c) to complain to the Ombudsman about the decision the decision, Chief Inspector of the Group's behavior, the inspectors and the other members of the delegation inspected during the inspection when there are bases for that decision, behaviour that is contrary to law; complain to the Ombudsman agency heads, heads of State administration authority on inspection conclusions, decisions about handling the inspection when there is evidence that that conclusion is contrary to law. While pending, the complainant must make that decision;
d) claim for damages under the provisions of the law;
DD) individual is the object Inspector has the right to denounce violations of the law of agency heads, Chief Inspector Corps of inspectors, inspectors and the other members of the Corps of inspectors.
2. Obligations of the Inspector object: a) Executive decided the Inspector;
b) provide timely, complete, accurate information, the documents at the request of the Inspector, the Inspector Corps, and inspectors must be responsible before the law for the accuracy, truthfulness of the information and documents provided;
c) observance of the requests, the Inspector concluded, decisions disposing of the inspection agency heads, head of the Corps of inspectors, inspectors and heads of competent State agencies.
Chapter V TECHNICAL INFRASTRUCTURE and Operations FUNDING 21. Technical infrastructure 1. Building inspection organizations are equipped to: headquarters; the media; technical equipment; costumes, badges, insignia, signage.
Prohibiting organizations, individuals use costumes, badges, insignia, similar signs, causing confusion with the building inspector.
2. Minister of building specific provisions: a) vehicles, technical equipment of the building inspector;
b) costumes, badges, insignia, signs of construction inspectors after the reunification with the Inspector General.
Article 22. Funding of activities 1. The expense of building inspection activities by the State budget and other sources of funding in accordance with the law.
The Ministry of finance, in cooperation with the Ministry of construction guidance on funding activities of the building inspector.
2. The management, allocation and use of funds in accordance with the law.
CHAPTER VI REWARDS and handle breach of article 23. Rewards organizations, individual achievement in building inspection activity is rewarded according to the provisions of the law.
Article 24. Handle violation 1. Who would hinder, take bribes, revenge the duty Inspector, false accusations, violated the law on the Ombudsman; who would take advantage of the Office, the authority or inspector for personal motives or the lack of responsibility that the handle is not the correct conclusion, infringement, infringement of rights and legal interests of the Organization, individuals then depending on the nature and extent of the violation will be disciplined, sanctioning administrative violations cases, cause damage to indemnification or arrested save for criminal liability in accordance with the law.
ư2. In the course of inspection activities, depending on the nature and extent of the violation for which the Minister of construction, Chairman of the provincial people's Committee decided to temporarily suspend or discontinue operation for building inspectors.
CHAPTER VII ENFORCEMENT PROVISIONS article 25. Effect 1. The Decree has effect after 15 days from the date The report.
2. Abolish the provisions in paragraphs 1, 2, 3 and 4 Article 46 of Decree No. 126/2004/ND-CP dated 26 May 2004 by the Government on sanctioning administrative violations in the construction activity, the management of urban infrastructure construction and management use.
Article 26. Responsibility 1. Minister of the Ministry of construction is responsible for coordination with the ministries, relevant agencies guide the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.