CIRCULAR guide some stuff about building inspectors _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law building on November 26, 2003;
Pursuant to the law on the Ombudsman of 15 June 2004;
Pursuant to Decree No. 46/2005/ND-CP dated April 6, 2005 of the Government regulations on the Organization and operation of the building inspector.
The Ministry of construction and inspection Inspector job guides government investment project construction; inspection of construction works under construction planning; sanctioning administrative violations; the report and the conclusions professional building inspector as follows: i. OBJECT APPLY.
1. inspection bodies, the delegation inspected, when inspectors conducted inspections of the project construction works; construction works under construction plans must comply with the regulations of the law on construction, the inspection and this circular.
2. Agencies, organizations, individuals are objects and bodies, organizations, individuals participating in relevant projects of construction investment, construction works under construction planning is responsible for implementing the provisions of this circular and the other provisions of the law.
II. Content INSPECTION Of PROJECT CONSTRUCTION. Based on the purpose, ask the Inspector to decide comprehensive inspection project construction or some specific contents of the implementation process construction or investment Ombudsman under each topic. Inspection of project construction including the following: 1. Inspect the preparation, appraisal, approval of investment projects; the survey, designed the building.
a) for the inspection of project construction are considered, evaluated, conclusions about the suitability of the project for the planning of the overall socio-economic development, development planning and construction industry are approved by the authority, the case plan must then examine the text of the agreement of the approval authority of the planning. Check the jurisdiction to assess the basic design, authorized investment project appraisal and approval authority of project investment; check the capacity of the Organization of the project, the capacity of the Chairman of the project. If the project has adjusted the test procedures, the conditions that allow adjustments.
b) for the inspection of construction survey to review, reviews, conclusions about the order of creation, approval of the survey mission, survey methodology, content reporting survey results, survey results, survey organization's capacity, personal capacity took the title Chairman of the survey. In the case of additional survey mission to examine the provisions of conditions are allowed to supplement the survey mission.
c) for the inspection of the work of building design in the case of three-step design to review, reviews of the suitability of the technical design for the basic design right the authorized appraisal; check the design drawing for correct technical design authority approval. In the second step, the design schools to check the suitability of construction drawing design for the basic design has been the authorized appraisal.
Check the application of construction standards in building design; application of technical-economic norms, unit price in total; estimation. Review, evaluation of the capacity of the Organization to design, power producers to design, chaired the design fits the type of level works.
Check the profile design, process testing profile design, number and size of the drawing, the other rules for profile design. The case has changed the design, the total estimation, estimation has been browsing then you have to check the procedure, conditions allowing on design changes, the total estimation, estimation.
2. Inspect the selection of building contractors.
During the inspection, checking the implementation of the legal provisions on the selection of contractors to conduct the review, reviews of procedures, forms, bid results, selection of contractors; check out the selection of sub-contractors of the prime contractor or general contractor; the subcontract for the subcontracting; check the contract between the owner or principal contractor with the general contractor, the contract between main contractors or general contractor to subcontractors.
In the case of contractors or general contractor the contract directly with the owner but each part work for subcontractors perform then check the signed contract and the implementation of the contract between main contractors or general contractor to subcontractors.
3. Inspect the selection project management form of the owner.
The process of inspection of the application of project management form of the investor must consider, evaluate the condition of the owner with respect to the choice of the form of project management capacity, the conditions of project management unit established by the owner or the condition of capacity management consulting organization project by the investor.
4. Inspection of the construction works.
Inspection process the construction works must be reviewed, reviews the responsibilities of owner and building contractor, specifically the following: a) to the owner, in the course of the inspector must review, reviews the implementation of the investor for the project's content has been verified by the authorized , approved; conditions of construction works; the quality management system of the owner; conditions of the individual capacity of supervising the construction works, including the case of the rental owner supervision; the Organization of the start-up phase, and work completed handed in use; the management of the progress, costs, payments to contractors under contracts already signed and the compliance with the provisions of the law on construction works. In the case of clearance, they must check the condition, price, subject to compensation and other issues related to the clearance.
b) for construction contractor must consider, evaluate construction works according to the approved design; the implementation of the standard in the construction; safety measures in construction and the measures to secure the environment in the construction. Check the condition of the capacity of the Commander of the school; the capacity of the equipment and machinery, people compared with bids of bidders; the quality management system of the contractor, the personal capacity of the condition monitoring of construction works. Check for compliance with the order and procedures of testing parts, stage, handing the work put to use. Review, evaluate the quality of the construction works; the progress of the project in comparison with the test results and the contract was signed between the investor with the contractor, the implementation of the other provisions of the law on the content related to the construction works.
In case the reality check of construction if there is evidence that the quality of building construction is not guaranteed, the Corps of inspectors proposed decision Inspector referendum consultation units, audit has legal personality and the capacity to conduct suitable checks the audit, to evaluate the quality of the work.
c) for contractors undertaking consultancy, investment project evaluation of construction, survey, design and construction works, laboratory test, then test the capacity of agencies, organizations, individuals perform; the application of the standard rules, standards of work; reviews of the implementation of the contract with the owner.
III. CONTENT CONSTRUCTION INSPECTION ACCORDING TO THE CONSTRUCTION PLAN.
1. the inspection of the implementation of the provisions of the law on construction planning.

a) To build planning inspector to check the fit between the planning of construction details compared to the general planning of construction; check the fit between the detailed construction planning 1/500 compared to the detailed planning 1/2000; the test of the capacity of the Organization to establish construction planning, the capacity of the Chairman of the development plan, the divisions of the projects of construction and planning the test of competence evaluation, approval of projects of construction planning.
b) inspected the deployment after the planned construction was approved by the authorized to review, reviews the implementation of the planned content; gender demarcation of responsibility according to the construction plan was browsing outside the field of authority under the provisions of the law on construction; responsibility, authority to publicize the construction plan and the provisions of the law on the public disclosure of construction planning.
2. Inspection of the construction works under construction planning.
Inspection of construction works under construction planning is based on the provisions of the law on construction planning and building planning map has been approved by the authority for evaluation of conformity of the work with the planning and the implementation of that plan. Construction inspection according to the construction plan was approved by the Authority include: a) the inspection, checking the construction works according to the construction plan was approved by the authority.
b) inspection, checking the construction works according to the building permit was issued by the authorized terms and conditions of the law on the licensing for the construction works.
c) inspection, check out the construction works in accordance with the architectural planning rules and other regulations of the law on construction.
IV. INSPECTION RESULTS REPORT AND CONCLUDE THE INSPECTION.
1. Report the results of the inspection.
Results reported building inspection inspection performed under the provisions of article 42 of Decree 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law and ensure the following requirements: a) stating the violations of the law of Agency organizations and individuals related to the content Inspector (if there is), which should specify the violation, the text of the law.
b) clearly define the responsibility of the head of the Agency, organization, unit in the to happen law violations; the responsibility of the individual and others related to the violation of the law. Cases of economic loss, they must conclude the personal responsibility of plainly related to the handling of compensation as required by law.
c) in the case of discovered bodies, institutions, individual achievement in the implementation of the regulations of the law on construction need praised and recommended the authorized encouragement, reward promptly as required by law.
2. the Inspector concluded.
Conclusion building specialized inspectors perform according to the provisions of article 43 of the law on the Ombudsman; Article 35 of Decree 41/2005/ND-CP dated 25 March 2005 the Government detailing and guiding the implementation of some articles of the law and ensure the following requirements: a) reviews the implementation of the policy, the law, the Agency's mission, the Organization, the individual is subject to inspection.
b) conclusions about the content of the Inspector; clearly define the nature and extent of the violation, the cause, the responsibility of agencies, organizations, individuals with violations of the law.
c) in the case of building inspectors discovered illegal damage to property shall handle the principle requires agencies, organizations, individuals with remedial infringement and compensation for damage caused by the violation as defined by the law on building and other legal texts concerned.
d) for the incident had violated the law but not to the level of prejudice criminal responsibility shall specify the level of violation to process under the provisions of the law on civil, administrative, economic or other provisions of law.
DD) with respect to the incident violates the law that signs of crime under the provisions of the criminal law, the recommendations of the Ombudsman decision to transfer the case to the competent authorities under the provisions of the law on the Ombudsman.
V. SANCTIONING ADMINISTRATIVE VIOLATIONS.
1. In the course of inspections, Chief Inspector, inspectors Union is sanctioning administrative violations or propose authority sanctioning administrative violations as defined by the law on sanctioning of administrative violations, the field of industry.
2. The Chief Inspector of the Ministry of construction has the authority sanctioning administrative violations as defined in clause 6, article 11; Chief Inspector of Department of building authority sanctioning administrative violations as defined in clause 6, article 13; Building inspectors have the authority to sanction administrative violations as defined in point b of paragraph 3, article 14 of Decree No. 46/2005/ND-CP dated April 6, 2005 by the Government on the organisation and operation of building inspectors for violations that are stipulated in Decree No. 126/2004/ND-CP dated 26 May 2004 by the Government on sanctions administrative violations in construction activity, the management of urban infrastructure construction and management use.
VI. COMPLAINTS AND ACCUSATIONS ABOUT THE INSPECTION.
1. The complaint of the Inspector object for the decision process, the behavior of delegation Chief construction inspectors, building inspectors, other members of the delegation inspected be done as defined in article 49 of Decree No. 41/2005/ND-CP dated 25 March 2005 the Government's detailed rules and instructions for the implementation of some articles of the law and regulations another of the law on complaints and denunciation.
2. Denunciation for the violations of the laws of the Union Chief Inspector of construction, building inspectors, other members of the delegation inspected be done as defined in article 50 of Decree No. 41/2005/ND-CP dated 25 March 2005 the Government's detailed regulations and guidance for a number of articles of the law and the other provisions of the law on complaints , accusations.
VII. IMPLEMENTATION.
This circular effect after 15 days from the date The report, Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the implementation of this circular.
In the process if there are obstacles to report construction Minister and Inspector General of the timeliness of processing.