Decree 52/2022/ND-CP functions, organizational structure of the Ministry of Construction

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Construction^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Construction;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Article 1. Position and functions

The Ministry of Construction is a governmental agency performing the function of state management of construction planning and architecture; construction investment; urban development; technical infrastructure; housing; working offices; the real estate market; building materials; and state management of public services in the fields falling under the Ministry’s state management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Construction shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP), and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; and draft decrees of the Government under the Ministry’s approved annual lawmaking programs and plans, and resolutions, projects, schemes and programs as assigned by the Government and Prime Minister; to submit to the Government and Prime Minister strategies, master plans, schemes, long-term, medium-term and annual development plans, as well as important national projects and works in the sectors and fields falling under the Ministry’s management.

2. To submit to the Government and Prime Minister drafts of decisions, directives and other documents as assigned.

3. To promulgate circulars and other documents falling under the Ministry’s state management; to formulate and promulgate according to its competence or submit to competent authorities for promulgation technical regulations, national standards, techno-economic norms, typical designs, model designs, technical instructions, indicators and criteria in the fields falling under the Ministry’s state management; to guide and inspect the implementation of these documents.

4. To direct and organize public information and law education and dissemination falling under the Ministry’s state management; to direct, guide and inspect the organization of implementation of, and monitor the implementation of, laws concerning its assigned sectors and fields nationwide; to direct the implementation of strategies, master plans and plans in the fields falling under the Ministry’s state management.

5. Regarding construction planning and architecture:

a/ To appraise construction planning tasks and plans to be approved by the Prime Minister, or appraise and approve them as assigned by the Prime Minister; to formulate, appraise and submit to the Prime Minister for approval the master plan on the national urban and rural system, general master plan on urban areas, master plan on urban underground space, and general master plan on construction of function zones as assigned by the Prime Minister;

b/ To assume the prime responsibility for formulating and appraising the components of construction master plans in national overall master plans, regional master plans and other master plans under regulations;

c/ To promulgate norms, unit prices and methods for estimating and managing costs for formulation, appraisal and implementation of construction master plans, urban designs and architecture management regulations; 

d/ To set orientations for development of Vietnamese architecture suitable to each period, and submit them to the Prime Minister for approval and promulgation;

dd/ To build and manage the database on construction and architecture master plans which is connected with the land database nationwide;

e/ To guide and inspect the implementation of regulations on construction master plans, urban master plans, urban designs, management according to master plans and architecture management regulations with regard to space (including above-ground space and underground space), and urban and rural architecture.

6. Regarding construction investment activities:

a/ To guide and inspect the implementation of the regulations on formulation, appraisal and approval of construction investment projects and project implementation management; to appraise construction investment feasibility study reports falling under the Ministry’s competence in accordance with law; to guide the application of building information models in the process of construction investment and operation and use;

b/ To guide and inspect the formulation, appraisal and approval of construction designs implemented after basic designs and construction cost estimates; to appraise construction designs implemented after basic designs and construction cost estimates in accordance with law;

c/ To monitor, inspect and generally assess construction investment activities according to the Ministry’s competence; to guide and inspect the implementation of investment projects on construction of  important national works in accordance with law; to perform the tasks and exercise the powers of a project owner over construction investment projects assigned by the Prime Minister; 

d/ To guide and inspect the grant, re-grant, modification, extension, revocation, and cancellation of construction permits and management of construction order; to suspend construction activities or request provincial-level People’s Committees to direct the suspension of construction activities and handle violations or withdraw or cancel construction permits when detecting that these permits have been granted in contravention of regulations or construction works violate regulations on management of construction order;

dd/ To manage the bidding in construction activities in accordance with the construction law and the bidding law;

e/ To guide, inspect and implement the grant and revocation of licenses for foreign contractors to carry out construction activities in Vietnam in accordance with law;

g/ To guide and inspect the implementation of the regulations on contracts in construction activities and investment project contracts in the form of public-private partnership (PPP) in accordance with the law; to guide the method of adjusting construction contract prices; to issue construction contract forms;

h/ To promulgate, and guide and inspect the implementation of, regulations on management of construction investment costs; to provide the application of necessary tools to the management of construction investment costs; to guide contents and methods of determining and managing construction investment costs; to provide the determination of new norms and adjustment of norms; to provide the determination of construction price indices for works constructed in two or more provinces; to promulgate construction norms; to announce construction investment rates, general construction prices, national construction price indices, waste norms, and basic data for calculating construction machine shift costs;

i/ To manage and guide PPP investment in the fields falling under the Ministry’s state management in accordance with the law on PPP;

k/ To guide and inspect the management of construction quality at the stages of survey, design, construction, pre-acceptance test, handover, warranty and maintenance; to conduct regular or irregular inspections and handle, or propose the handling of, construction quality-related violations; to suspend, or propose the suspension of, construction activities, and request project owners, consultants and contractors to take remedies when detecting that construction quality does not meet law-specified requirements, or construction activities fail to comply with regulations on occupational safety; to inspect the pre-acceptance test of construction works in accordance with law;

l/ To guide specialized construction laboratory activities and construction inspection activities; to inspect, assess, and grant certificates of eligibility for, specialized construction laboratory activities; to guide and organize the implementation of construction assessment, construction-related judicial assessment and assessment of causes of incidents occurring during construction activities and during the operation and use of construction works according to the Ministry’s competence;

m/ To organize the performance of tasks of the State Inspection Council for Pre-Acceptance Test of Construction Works; to assume the prime responsibility for organizing and approving quality awards for construction works;

n/ To guide and inspect the maintenance and assessment of safety during the use of construction works; to announce, and guide the handling of, works with expired lifespan in accordance with law;

o/ To guide and inspect the implementation of the regulations on construction practice capacity conditions applicable to individuals and construction operation capacity conditions applicable to organizations engaged in construction activities;

p/ To regulate exams for grant of construction practice certificates; to guide and inspect the grant and management of construction practice certificates and construction capacity certificates; to grant class-I construction practice certificates to individuals and class-I construction capacity certificates to organizations in accordance with law;

q/ To formulate and manage the publicization of lists of individuals and organizations that have been granted construction practice certificates or construction capacity certificates in accordance with law; to develop and manage the system of databases on construction norms, work construction prices and construction price indices in accordance with law.

7. Regarding urban development:

a/ To formulate strategies, programs, plans and national important projects on urban development; and urban development indicators within national socio-economic development tasks in each period;

b/ To formulate and submit to competent authorities for promulgation or promulgate according to the Ministry’s competence mechanisms, policies and regulations on urbanization management; management of, and investment in, development of urban space (including above-ground space and underground space), urban development models; management of plans and programs on upgrading, renovation and embellishment of urban centers, and improvement of urban climate change resilience and response capacity; operation, use and handover of urban centers for management; the system of urban classification criteria and standards; estimation and management of utility service costs in urban centers, and costs of formulation and appraisal of urban development areas and programs and urban classification schemes and reports;

c/ To appraise for competent authorities to approve urban development programs and plans, urban development areas and urban center construction investment projects in accordance with law;

d/ To appraise, and propose the Prime Minister to decide on recognition of, grades of urban centers, for  urban centers of special grade, grade I and grade II; to decide on recognition of grades of urban centers, for urban centers of grade III and grade IV;

dd/ To guide and inspect the implementation of mechanisms, policies and regulations on urban development and urban development investment under master plans and plans; to guide, inspect and organize annual evaluations and classifications of urban centers against the criteria and standards set by competent authorities; to guide the management of urban construction order;

e/ To guide and inspect the management of land used for urban construction under approved urban development master plans and plans;

g/ To organize the mobilization, promotion and coordination of resources at home and abroad for urban development investment as prescribed by law and assigned by the Government;

h/ To build, integrate, manage and operate the national urban database.

8. Regarding technical infrastructure facilities, including facilities for water supply in urban centers and industrial parks; water drainage and wastewater treatment in urban centers, concentrated rural residential areas and industrial parks; management of the construction of technical facilities for solid waste collection, storage and treatment; urban parks and greeneries; urban lighting; cemeteries (excluding war martyrs’ cemeteries) and crematoria; urban traffic infrastructure facilities; management of urban underground construction; and management of shared-use of urban technical infrastructure facilities:

a/ To formulate orientations, strategies, schemes and national programs on technical infrastructure development, national indicators in the field of technical infrastructure within national socio-economic development tasks in each period and organize their implementation after they are approved;

b/ To appraise master plans on technical infrastructure of centrally run cities which are urban centers of special grade;

c/ To guide the formulation of technical infrastructure development plans according to the orientations for technical infrastructure development, regional master plans, provincial master plans, urban master plans and rural master plans; and investment projects to build technical infrastructure facilities as assigned by the Prime Minister;

d/ To formulate mechanisms, policies and regulations on development, management, operation, use, and handover of technical infrastructure facilities and provision of technical infrastructure services;

dd/ To manage technical infrastructure services in accordance with law; to guide technical processes, formulation and management of costs, and methods of determining prices of technical infrastructure services;

e/ To guide and inspect clean water trading and assurance of safe water supply; and provision of crematorium management and operation services;

g/ To formulate and promulgate technical regulations on construction of urban traffic infrastructure; to provide the grading and classification of urban roads; to formulate and submit to competent authorities for promulgation national standards on construction of urban roads;

h/ To formulate and submit to competent authorities for promulgation or promulgate according to the Ministry’s competence regulations on assessment of conformity and responsiveness of technical infrastructure for construction investment projects;

i/ To guide, monitor and inspect the implementation of regulations on technical infrastructure.

9. Regarding housing:

a/ To formulate a national housing strategy for each period, housing development indicators and housing plans within annual and periodical national socio-economic development tasks; to organize their implementation after they are approved by the Prime Minister;

b/ To formulate mechanisms, policies and solutions for social house development, and provision of housing support for each group of beneficiaries of the policy on support in terms of social houses in accordance with law;

c/ To provide and guide criteria for determining housing needs in the contents of housing development programs and plans; to guide the cost norms for formulating local housing development programs and plans;

d/ To formulate and submit to competent authorities for promulgation or promulgate according to the Ministry’s competence mechanisms and policies to mobilize resources for investment in housing development nationwide; key housing development programs, schemes and projects according to the tasks assigned by the Government or Prime Minister, and guide and inspect their implementation after they are approved;

dd/ To appraise housing-related contents for submission to the Prime Minister for him/her to decide on or approve investment policy in accordance with the investment law and the housing law; to recognize owners of housing construction projects falling under the Prime Minister’s competence to approve investment policy;

e/ To promulgate regulations on classification criteria, regulations on management, use, operation management, warranty and maintenance of houses of different kinds; to promulgate framework programs on training and further training in condominium management and operation;

g/ To formulate and submit to the Prime Minister for promulgation public-duty house norms; to appraise demands for public-duty houses and plans on development of public-duty houses of central agencies (except the Ministry of National Defense and Ministry of Public Security);

h/ To guide methods of determining public-duty house rentals, sale prices, rentals and hire-purchase prices of social houses; and methods of determining costs of house management and operation services; and provide guidance on beneficiaries, and conditions for and process of selection of beneficiaries of the policy
on housing support;

i/ To organize the establishment, operation management and lease of public-duty houses of the Government as assigned by the Prime Minister;

k/ To guide regulations on conditions and criteria for selection of owners of social house construction investment projects, design standards and minimum conditions for construction of social houses after individual models of households and individuals;

l/ To propose programs on housing surveys and statistics in more than one province or centrally run city to the Prime Minister for consideration and decision, and organize the implementation of these programs after they are approved.

m/ To build and manage the system of national information and database on housing falling under the Ministry’s state management, which is connected and shared with the national land database in accordance with law.

10. Regarding working offices:

a/ To formulate and appraise master plans on development of the system of working offices of state administrative agencies, state-owned working offices of central agencies, socio-political organizations and public non-business units; to direct, guide and inspect the implementation of these master plans after they are approved by the Prime Minister;

b/ To guide and inspect provincial-level People’s Committees in the formulation of master plans on development of working offices of local state administrative agencies and state-owned working offices of local agencies, socio-political organizations and public non-business units;

c/ To promulgate technical regulations and assume the prime responsibility for formulating and submitting to competent authorities for promulgation national technical standards on construction of working offices and maintenance regime for working offices of administrative agencies and non-business units.

11. Regarding the real estate market:

a/ To formulate schemes and policies on real estate market development and management; to direct the implementation of these schemes and policies after they are approved by the Prime Minister;

b/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the implementation of, and managing, real estate business activities;

c/ To provide the grant of real estate brokerage practice certificates; and the establishment and operation of real estate exchanges;

d/ To guide the training and further training in real estate brokerage practice and real estate exchange administration knowledge; to issue the form of real estate broker’s certificate; to guide and inspect the grant and management of real estate broker’s certificates;

dd/ To inspect and examine the implementation of the law on real estate business;

e/ To develop and manage the system of national information and database on the real estate market falling under the Ministry’s state management as assigned, which is connected and shared with the national land database; to formulate and disclose real estate market assessment indicators in accordance with law.

12. Regarding building materials:

a/ To formulate and submit policies on management and development of building materials to competent authorities;

b/ To formulate, appraise and submit to competent authorities for approval or adjustment of master plans on exploration, exploitation, processing and use of minerals for use as building materials in accordance with the planning law and the mineral law; to guide and inspect the implementation of master plans on minerals for use as building materials after they approved by the Prime Minister;

c/ To propose and report to the Prime Minister on promotion or restriction of the development, production, use, import and export of building materials; to promulgate regulations on technical criteria and guide the export of minerals for use as building materials under regulations;

d/ To propose and report to the Prime Minister roadmaps to reduce or eliminate facilities that produce building materials with outdated technology and intensive use of materials and energy and cause environment pollution; roadmaps to use non-baked building materials, resource-efficient and energy-efficient building materials, eco-friendly building materials, and domestically produced building materials;

dd/ To guide and inspect provincial-level People’s Committees in the formulation, appraisal, approval and management of the implementation of local programs and plans on development of building materials; local plans on exploration, exploitation and use of minerals for use as ordinary building materials in provincial master plans;

e/ To guide and inspect localities and enterprises in implementation of the regulations on quality of building material products and goods;

g/ To guide the appraisal and assessment of quality of building material products and goods; and quality of minerals for use as building materials; to designate and manage the operation of conformity assessment organizations to serve the state management of quality of building material products and goods; to guide and inspect the testing, inspection and quality standard conformity certification of building material products and goods and building components;

h/ To promulgate according to the Ministry’s competence or submit to competent authorities for promulgation national technical regulations and standards on building materials, lists of, and conditions for and technical regulations on, building materials to be exported or imported; building materials restricted from export or import; and building materials subject to conditional business; to guide and inspect the implementation thereof;

i/ To guide and inspect localities and enterprises in implementing the regulations on production and use of resource-efficient, energy-efficient and eco-friendly building materials in construction works.

13. Regarding occupational safety in construction activities:

a/ To assume the prime responsibility for formulating national standards on occupational safety and health, and formulate and promulgate national technical regulations on occupational safety and health in the fields falling under the Ministry’s management;

b/ To perform the state management of machinery, equipment, supplies and substances subject to strict requirements on occupational safety and health that are used in construction activities; to draw up a list of machinery, equipment, supplies and substances subject to strict requirements on occupational safety and health falling under the Ministry’s management and send such list to the Ministry of Labor, Invalids and Social Affairs for promulgation; to formulate and promulgate the process of inspecting, and guide and examine the inspection of, machinery, equipment and supplies subject to strict requirements on occupational safety and health falling under the Ministry’s management after consulting the Ministry of Labor, Invalids and Social Affairs;

To develop, manage and update the database on technical inspection of occupational safety for machinery, equipment and supplies subject to strict requirements on occupational safety that are used in construction activities;

c/ To organize the training and further training in and examination of inspection of machinery, equipment and supplies subject to strict requirements on occupational safety and health falling under the Ministry’s management;

d/ To grant, extend, re-grant and revoke certificates of eligibility for technical inspection of occupational safety and grant and re-grant inspector’s certificates falling under the Ministry’s management and publish them on its website;

dd/ To guide the making of statistics, declaration and survey of and reporting on technical incidents affecting occupational safety in construction activities; to guide and conduct occupational safety and health inspection falling under the Ministry’s management.

14. Regarding environmental protection, climate change response and energy efficiency and conservation:

a/ To direct and guide the incorporation of master plans, plans and programs on environmental protection, climate change response and energy efficiency and conservation into development strategies, master plans, plans and programs in the fields falling under the Ministry’s state management;

b/ To formulate and promulgate according to the Ministry’s competence legal documents on environmental protection, climate change response and energy efficiency and conservation in the fields falling under the Ministry’s management in accordance with law;

c/ To design and implement environmental protection, climate change response and energy efficiency and conservation activities in the fields falling under the Ministry’s management.

15. Regarding science and technology:

To formulate, and guide and organize the implementation of, the strategy for science, technology and innovation in the construction sector; to transfer and apply science and technology to the fields falling under the construction sector’s management; to appraise, assess and recognize construction technology and scientific and technological advances in the fields falling under the Ministry’s state management; to develop, guide and inspect measurement and quality management activities for products and goods of the construction sector.

16. To perform the tasks concerning digital transformation, application of information technology and building of e-government in the construction sector in accordance with law; to build and manage the system of national information and database on construction activities; to manage and provide information serving construction investment activities; to develop, and manage the operation of, the system of provision of online public services in the fields falling under the Ministry’s state management as assigned by the Government or Prime Minister.

 17. To organize statistical work, and archive of documents and data in the fields falling under the Ministry’s state management in accordance with law.

18. To decide on policies and specific measures and direct the implementation of mechanisms for operation of public-service organizations falling under the Ministry’s management in accordance with law; to manage and direct the operation of non-business organizations of the Ministry.

19. To exercise the rights and discharge the responsibilities of the state owner at state enterprises and state-funded enterprises falling under the Ministry’s management in accordance with law.

20. To manage, guide and inspect the implementation of mechanisms and policies to encourage and support the development of various types of collective economy and cooperatives of different economic sectors in the sectors and fields falling under the Ministry’s state management; to guide and inspect the implementation of regulations on trades and sectors subject to conditional business falling under the Ministry’s state management.

21. To formulate, and organize the implementation of, schemes, programs and projects to encourage, support and promote the development of construction mechanical engineering products.

22. To formulate, and organize the implementation of, the master plan on development of human resources and the strategy for training and development of human resources for the construction sector; to coordinate with the Ministry of Education and Training and Ministry of Labor, Invalids and Social Affairs in formulating programs on training of architects, engineers and holders of other professional grades in construction disciplines; to work out and organize programs on professional training and further training for the construction sector’s officials, civil servants and public employees; to formulate and organize programs on training and further training in construction management and urban development knowledge for all-level leading officials and professional officials in charge of urban center affairs.

23. To formulate, and organize the implementation of, plans and programs on international cooperation and integration in the fields falling under the Ministry’s state management as assigned by the Government; to negotiate, conclude, and organize the implementation of, treaties in the  name of the Government as authorized by the Government; to negotiate, conclude, and organize the implementation of, international agreements in the Ministry’s name in accordance with law; to participate in international organizations as assigned by the Government.

24. To decide on and direct the Ministry’s implementation of administrative reform plans in line with the objectives and contents of the overall program or plan on state administrative reform approved by the Prime Minister.

25. To perform the tasks and exercise the powers over associations and non-governmental organizations falling under the Ministry’s state management in accordance with law.

26. To carry out inspection and examination; to receive citizens; to settle complaints, denunciations, proposals and reported information; to carry post-inspection supervision, inspection and handling; to prevent and fight corruption and negative practices and handle violations in the fields falling under the Ministry’s state management.

27. To manage the organizational apparatus, payroll, cadres, civil servants, public employees and contractual workers; to implement the wage regime as well as other regimes and policies of preferential treatment, commendation and disciplining toward cadres, civil servants and public employees falling under the Ministry’s management in accordance with law.

28. To prepare budget estimates of the Ministry; to coordinate with the Ministry of Finance and Ministry of Planning and Investment in formulating and summarizing sector-based budget revenue and expenditure estimates falling under the Ministry’s management for the Government to submit them to the National Assembly; to manage, and organize the implementation and account-finalization of allocated state budget funds; to manage and take responsibility for the Ministry’s assets allocated by the State; to perform other tasks concerning the state budget, finance and property in accordance with law.

29. To perform other tasks as assigned or authorized by the Government or Prime Minister.

Article 3. Organizational structure of the Ministry

1. The Planning-Architecture Department.

2. The Building Materials Department.

3. The Science, Technology and Environment Department.

4. The Planning-Finance Department.

5. The Legal Affairs Department.

6. The International Cooperation Department.

7. The Organization and Personnel Department.

8. The Ministry’s Office.

9. The Ministry’s Inspectorate.

10. The State Authority of Construction Economics.

11. The Construction Activities Management Agency.

12. The State Agency for Construction Quality Inspection.

13. The Urban Development Agency.

14. The Technical Infrastructure Agency.

15. The Housing and Real Estate Market Management Agency.

16. The Academy of Manager for Construction and Cities.

17. The Construction Newspaper.

18. The Construction Journal.

19. The Information Center.

The units defined in Clauses 1 thru 15 of this Article are those assisting the Minister in performing the state management function; the units defined in Clauses 16 thru 19 of this Article are non-business units attached to the Ministry.

The Minister of Construction shall submit to the Prime Minister for decision a list of other non-business units under the Ministry.

The Minister of Construction shall define the functions, tasks, powers and organizational structures of departments, agencies, the Ministry’s Office, the Ministry’s Inspectorate, public non-business units and other units under the Ministry in accordance with law.

Article 4. Transitional provision

The Southern Affairs Agency may continue to perform its tasks until the Minister of Construction promulgates a decision defining the functions, tasks, powers and organizational structure of the Ministry’s Office.

Article 5. Effect

1. This Decree takes effect on August 8, 2022.

2. This Decree replaces the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Article 6. Implementation responsibility

The Minister of Construction, other ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH