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Circular 10/2004/ttlt/bxd-Bnv: Guidance On The Tasks, Powers, Organisation And Staffing Of The Local Building Inspector

Original Language Title: Thông tư liên tịch 10/2005/TTLT/BXD-BNV: Hướng dẫn về nhiệm vụ, quyền hạn, tổ chức và biên chế của Thanh tra Xây dựng ở địa phương

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CIRCULAR instructions on the duties, powers, organization and staffing of the local building inspector _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Law enforcement inspection in 2004, the 2003 construction Law, Decree 46/2005/ND-CP dated April 6, 2005 by the Government on the organisation and operation of the building inspector The Ministry of construction and Ministry of Interior instructed about tasks, powers, organisation and staffing of the local building inspector as follows: i. the location, construction inspection functions locally (hereafter referred to as inspection) is the agency that owned the building (hereinafter referred to as the Department) in the building inspection system, shall assist the Director performs the tasks of administrative inspection powers and specialized inspection within the scope of the duties and powers of the Director.
Inspection seal, opened the account in the State Treasury.
II. duties and powers of inspection 1. Build the program, administrative inspection plan, inspection of construction works Director approval and implementation program, that plan.
2. Duties and powers of the administrative inspection (inspection of the implementation of policy, legislation, tasks of the Organization, individuals in the Authority's direct management Facility): a. inspection concluded, handle or the competent agency recommendations decided to handle;
b. the host or coordinate with the parties concerned in implementing the tasks of administrative inspection powers under the guidance of the inspectors.
3. Perform specialized construction inspection according to article 17 of the Decree 46/2005/ND-CP dated April 6, 2005 by the Government on the organisation and operation of the building inspection: a. perform sanctioning administrative violations as required by Decree 126/2004/ND-CP on May 26, 2004 of the Government;
b. establishment of the Corps of inspectors to conduct specialized construction inspection programme or irregular due to the Director;
c. election of group participants specialized inspection when there is love of The building inspector.
4. Complaints, accusations: a. chaired or participated in next to citizen complaints, accusations, proposals, reflecting the provisions of the law;
b. Help Director complaint resolution, to report as required by the law on finance;
c. monitor, check the institutions under the jurisdiction of the Department of management in the enforcement of the decision to settle complaints, accusations.
5. Perform preventive work, fighting corruption in the local construction sector under the provisions of the law on anti-corruption.
6. Advocacy, dissemination, guide and check the unit in the Department for implementation of the provisions of the law on the Ombudsman, complaints, accusations, the prevention of and fight against corruption.
7. Monitor, examine the implementation of the conclusions, recommendations and decisions after the Inspector; General, reported the results of administrative inspection, construction inspections and resolve complaints, accusations, against corruption in the scope of management.
8. Host professional training of administrative inspection, specialized inspection for inspectors, Inspector collaborators; used work inspected according to the provisions of the law.
9. Management, organization, staffing, funding and asset servicing operations of inspection.
10. Performs other duties and powers prescribed by the law and the Director of the Department.
III. Organize inspection 1. Inspection is held under the management of Chief Executive, inspection. The Chief Inspector of the Department responsible to the Director of the Department. The Chief Inspector appointed by the Facility Director, miễm after the opinion of the Chief Inspector.
2. Deputy Chief Inspector of the Department helps Chief Inspector of the Department perform a number of tasks and powers assigned to the inspection by the Chief Justice; Deputy Chief Inspector of the Department appointed by the Director, dismissed the proposal of the Chief Inspector of the Department and in accordance with the law.
3. Some inspectors and public officials, staff in the other ranks (if any) to help direct to the Chief Inspector of the Department.
4. for the Department: the base scale, the amount of the administrative unit (city, town, district of the province), the required management characteristics; The Director of the Department of the provincial people's Committee decided to establish the independent inspection Team for each geographical or administrative district inspector Team, city, towns in the province; not every administrative district level must have an inspection Team. Chief Inspector additional ear, dismissing captain, the Vice-Captain of the Inspector of the district, city or town; issued regulations and direct managers, executives.
5. for central cities: scale base and the number of administrative divisions (districts in the city) characteristics and regulatory requirements; Director of Department of the city people's Committee decided to set up mobile inspection Teams, joint inspection teams, districts, towns or inspection Teams under the area of the County, district, town inspection. The Chief Inspector of the Department appointed, dismissed captain, the Vice-Captain of the mobile inspection, County, district, town; issued regulations and direct inspection Teams operating management.
6. The case of the people's Committee of the central cities, decided to establish the independent inspection Team, the Director of the Department of construction of the people's Committee in collaboration with the County, district, city, or town make managing, directing, urging and check the activities of the Inspection Teams in accordance with the law.
Inspection team under the guidance of professional expertise of inspection.
The Chief Inspector of the Department issued operational regulations of the construction inspection according to geographical areas.
The appointment, dismissal, Deputy Team Captain by the Director of the construction Department of the decision as suggested by the Chief Inspector of the Department and has the agreement of the Chairman of the district people's Committee, district, city, or town. The team inspected the task order manager built according to the construction plan was approved by the authority and duties due to the people's committees, districts, towns and cities in the feces.
7. for the city: the Organization of construction inspectors are continuing to follow the decision No 100/2002/QD-TTg dated 24 July 2002 by the Prime Minister on "established professional building inspector city". Inspector of the County, district, under the guidance of professional service of inspection.
IV. Staffing inspection 1. The payroll administration of inspection and inspectors included in the other categories of public servants working in the inspection (by decision No. 78/2004/QD-BNV tháng11 03, 2004 of the Minister of the Interior issued the list of categories of public officials, the officer), must meet the eligibility criteria, as defined by the law. Staffing of the inspection by the Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) decided to allocate in the total staffing of the Department.
2. Drive, protect, techniques and some employees to other work done in the inspection be performed contract mode under the provisions of Decree No. 68/2000/ND-CP of August 17 2000 tháng11 of the Government on the implementation of the contract regime some kind of work in the State administration , business units.
3. the President of the provincial committees based on the scale, the volume of tasks that building inspectors must comply with the provisions of the legislation of the other bases and the provisions of article 6 of Decree 71/2003/ND-CP dated 19 June 2003 by the Government on decentralization of administrative payroll management State career, to building, staffing and scheduling decisions to allocate administrative payroll for inspection.
V. the relationship of inspection 1. Inspection under the direction of the Director, subject to the guidelines, the test of professional expertise, administrative inspection of the Inspector;

2. Inspection subject to the guidelines, the test of professional inspection professional inspection of the Ministry of construction; General, periodic or irregular report on the specialized inspection for The building inspection 3. Inspection in collaboration with the industry, the Administration at district level, the social and other State bodies competent in passing the Inspector with respect to the issues related to building and prevention, prevent, fight against the violations of the law.
4. the people's Committee of the district, the County, towns and cities in the province has the responsibility to facilitate and support for the inspection of local activities; equipped with the means and working conditions for the Inspection Teams in accordance with the law; sanctioning administrative violations by the authority when the Inspection Team.
5. Ward people's Committee, is responsible for coordination with the building inspection Team in the inspection order the municipality; sanctioning administrative violations by the authority upon request of the Inspection Team.
VI. Implementation 1. Provincial committees pursuant to the law, construction law, inspectors and other Law Enforcement Guide text build, Decree 46/2005/ND-CP dated April 6, 2005 by the Government on the organisation and operation of the building inspector, in Guide to this circular and the legal documents related to the decision to establish specific rules and terms of the mission , powers, organization and staffing of the inspection.
2. The Chairman of the provincial people's Committee has the responsibility for directing the Director made the arrangements, the whole event again; planning training for personnel arrangement, public servants and other persons working in the Organization of inspection and the Inspection Team met the conditions and standards under the provisions of the current law, ensuring the completion of assigned tasks.
3. This circular takes effect after 15 days from the Post Gazette.
In the process we have difficult problems, suggest the agencies, organizations and individuals to reflect on the Union of the Ministry of construction and the Ministry of the Interior to promptly revise, Supplement.