Decree No. 62/2013/ND-CP of June 25,2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction

THE GOVERNMENT

Decree No. 62/2013/ND-CP of June 25,2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, 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 state management of construction planning and architecture; construction investment; urban development; technical infrastructure of urban centers, industrial parks, economic zones and hi-tech parks; housing; public offices; real estate market; building materials; and the state management of public services in the fields under its state management as prescribed by law.

Article 2. Tasks and powers

The Ministry of Construction shall perform the tasks and powers defined in the Government’s Decree No. 36/2012/ND-CP of April 18,2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills and draft resolutions of the National Assembly; draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under annual law-making programs and plans of the Government, and resolutions, strategies, master plans, long-term, five-year and annual development plans as well as important national projects and works in the fields under its state management as assigned by the Government and the Prime Minister.

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

3. To promulgate circulars, decisions and directives within the scope of its state management; to formulate and promulgate according to its competence or submit to competent authorities for promulgation systems of technical regulations, national standards, techno-economic norms, typical designs and model designs in the fields under its state management.

4. To direct, guide, inspect and organize the implementation of legal documents, approved strategies, master plans and plans within the scope of its state management; to propagate and disseminate law and information on the fields under its state management.

5. Regarding construction planning and architecture

a/ To formulate and submit to competent authorities for promulgation or promulgate according to its competence regulations on, and the process of, formulating, appraising and approving construction master plans, including regional construction master plans, urban master plans, rural construction master plans, master plans on construction of industrial parks, economic zones, hi-tech parks and special functional zones, and master plans on construction of important international border gates; to guide and inspect the implementation thereof;

b/ To assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, formulating and submitting to the Prime Minister for approval master plans on construction of inter-provincial regions, key economic regions, general plans on new urban centers involving the administrative boundaries of two or more provinces or centrally run cities; general plans on construction of new urban centers with a population size forecasted to be equal to that of urban centers of grade III or higher and other master plans assigned by the Prime Minister; to direct the implementation of approved master plans;

c/ To appraise construction plans under the approving jurisdiction of the Prime Minister; to give its written consent for provincial- level People’s Committees to approve specific construction plans according to law;

d/ To promulgate construction planning standards; to guide the methods of construction planning cost estimation and management;

dd/ To establish and manage systems of databases on construction master plans nationwide;

e/ To formulate orientations for sustainable development of Vietnamese architecture suitable to each period, submit them to the Prime Minister for approval, and direct, guide and inspect the implementation thereof;

g/ To guide and inspect the implementation of legal provisions on urban design; management of urban space, architecture and landscape regulations on management of urban planning and architecture; planning permits; examination and selection of architectural designs of construction works;

h/ To guide and inspect the implementation of legal provisions on conditions on capabilities of organizations and individuals making construction planning designs, conditions on architects’ professional practice; to prescribe forms of certificates of architects’ practice and urban planning engineers’ practice; to guide and inspect the grant and management of architects’ practice certificates and urban planning engineers’ practice certificates.

6. Regarding construction investment

a/ To guide and inspect the implementation of legal provisions on formulation, appraisal, approval and management of construction investment projects; to participate in the appraisal of construction investment projects in accordance with law;

b/ To guide and inspect the appraisal and approval of technical designs, construction drawing designs and cost estimates of construction works; to appraise and verify technical designs and construction drawing designs of state budget-funded works and other works as prescribed by law;

c/ To monitor, inspect and generally assess investment in construction investment according to its competence; to guide and inspect the implementation of important construction investment projects and key national works as prescribed by law; to perform the investor’s tasks and powers over important construction investment projects and key national works as assigned by the Prime Minister;

d/ To promulgate technical regulations on construction of civil and industrial works; to develop systems of national standards on the survey, design, construction and pre-acceptance test of civil and industrial works; to guide the application of foreign standards in construction activities in Vietnam;

dd/ To promulgate forms of construction permits; to guide the grant, modification, extension and withdrawal of construction permits, and management of construction order under construction permits; to suspend construction or request provincial-level People’s Committees to direct the suspension of construction and handle violations or withdraw construction permits upon detection of the illegal grant of permits or violations of regulations on management of construction order according to construction permits;

e/ To guide and inspect the selection of contractors in construction activities in accordance with the Construction Law and bidding law; to guide the performance assessment of contractors in accordance with law;

g/ To guide the implementation of regulations on hiring of foreign consultants in construction activities in Vietnam and the grant and withdrawal of licenses for foreign contractors conducting construction activities in Vietnam; to grant and withdraw licenses for foreign institutional contractors performing bidding packages of group-A projects and other bidding packages in the areas of two or more provinces;

h/ To guide and inspect the implementation of legal provisions on contracts in construction activities; to guide methods of adjusting contractual prices; to promulgate construction contract forms;

i/ To guide and inspect the implementation of regulations on the estimation and management of work construction investment costs, including total investment, work construction estimates, construction norms and work construction prices, work construction duration, control of construction investment costs, methods of work volume measurement, and methods of determination of prices of construction machine and equipment working shifts; to promulgate construction norms, investment capital ratio, construction price indexes and methods of determination of construction price indexes;

k/ To guide and inspect the management of construction quality at the stages of survey, design, construction, pre-acceptance test, handover and work maintenance; to conduct regular or irregular inspections and handle construction quality-related violations; to suspend construction and request investors, consultants and contractors to take remedies when detecting that the construction quality fails to meet requirements, threatening to cause human and material losses, as prescribed by law;

1/ To guide the inspection, assessment and certification of construction quality conformity, the assessment of causes and settlement of incidents in work construction; to organize the inspection of construction quality and the assessment of causes of construction incidents in accordance with law;

m/ To perform of tasks of the State Council for Pre-Acceptance Test of Construction Works; to assume the prime responsibility for organizing the Construction Quality National Awards;

n/ To guide and inspect the construction work maintenance and the inspection of construction quality during the use process; to promulgate lists of existing works failing to ensure the force-bearing safety, threatening the lives of users and communities, as prescribed by law;

o/ To guide and inspect the implementation of legal provisions on conditions on construction- practicing capabilities of individuals and conditions on construction operation capabilities of organizations engaged in construction activities;

p/ To promulgate framework programs on professional training in construction activities; regulations on examinations for the grant of construction practice certificates; to prescribe forms of construction practice certificates; to guide and inspect the grant and management of construction practice certificates;

q/To establish databases, to update and provide information on capabilities of organizations and individuals practicing construction consultancy and construction contractors nationwide, including foreign contractors engaged in construction activities in Vietnam.

7. Regarding urban development

a/ To formulate orientations, strategies and master plans on development of national systems of urban centers, national programs and key projects on urban development, urban development norms in national socio-economic development in each period; to direct the implementation after they are approved by the Prime Minister;

b/ To formulate and submit to competent authorities for promulgation or promulgate according to its competence mechanisms and policies on urban development investment management, policies on, and solutions to, urbanization management, urban development management models, regulations on formulation and management of service charges in urban centers; to direct, guide and organize the implementation thereof;

c/ To appraise or give written consent on urban development plans for competent authorities to approve them, to determine urban development areas and urban development investment projects in provinces and centrally run cities in accordance with law;

d/ To formulate and submit to the Government for promulgation the system of urban evaluation and classification criteria in each period, which is suitable to the national development; to guide, inspect and organize the annual urban center assessment and classification under the criteria prescribed by the Government; to appraise and submit to the Prime Minister for decision on recognition of urban grades for urban centers of special grade, grade I and grade II; to decide on recognition of urban grades for urban centers of grade III and grade IV;

dd/ To direct, guide and inspect urban development investment activities according to master plans and plans, to guide and inspect the implementation of legal provisions on management of development of new urban centers, upgrading, renovation, re- embellishment, expansion or reconstruction of urban centers; to guide the management of urban construction order;

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

g/To identify urban development resources; to organize urban development investment promotion activities; to mobilize, exploit and coordinate domestic and foreign resources for investment in the development of the national system of urban centers as assigned by the Government;

h/ To organize the establishment and management of database systems, and the provision of information on urban development.

8. On technical infrastructures of urban centers, Industrial parks, economic zones, hi-tech parks (below referred to as industrial parks), including urban and industrial park water supply and drainage; management of ordinary solid wastes in urban centers, industrial parks, building materials-manufacturing establishments; urban lighting and greenery; management of cemeteries (excluding war martyrs’ cemeteries); urban traffic infrastructure; management of urban underground construction; and management of common use of urban technical infrastructure facilities.

a/ Regarding urban and industrial park water supply and drainage:

To formulate orientations, strategies, programs and national norms on water supply and drainage in urban centers, industrial parks and key economic regions; to direct the implementation thereof after they are approved by the Prime Minister;

To formulate and promulgate according to its competence or submit to competent authorities for promulgation and guide, inspect the application of technical regulations, national standards and techno-economic norms on water supply and drainage; regulations on, and process of, formulation, appraisal and approval of water supply master plans and water drainage master plans; mechanisms and policies on development of water supply and drainage in urban centers, industrial parks and key economic regions;

To formulate, appraise and submit to the Prime Minister for approval or to approve under the Prime Minister’s authorization water supply master plans and water drainage master plans for inter-provincial regions and key economic regions; to direct, guide and inspect the implementation of the master plans after they are approved;

To appraise water supply master plans and water drainage master plans of centrally run cities being urban centers of special grade and submit them to the Prime Minister for approval; to give written consent on provincial water supply and water drainage master plans and water supply and drainage master plans of centrally run cities being urban centers of grade I, for provincial- level People’s Committees to approve;

To give written consent for competent authorities to approve investment projects on construction of water supply and water drainage facilities in accordance with law; to organize investment promotion activities, to mobilize and exploit resources for water supply and drainage development; to direct, guide and manage the implementation of investment projects to construct water supply and drainage works in urban centers, inter-provincial regions or key economic regions as assigned by the Prime Minister;

To guide the application of technological models and management models of water supply and drainage systems suitable to the characteristics and sizes of urban centers or industrial parks; the management, exploitation and maintenance of water supply and drainage systems in urban centers and industrial parks;

To coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in guiding the principles on, and methods of, determining clean water prices, water drainage charges and promulgating clean water price frames, and in inspecting and supervising the implementation thereof.

b / Regarding management of ordinary solid wastes:

To formulate strategies, programs and national norms on management of ordinary solid wastes; to direct the implementation thereof after they are approved by the Prime Minister;

To formulate and submit to competent authorities for promulgation, to guide and inspect the implementation of regulations on formulation, appraisal and approval of master plans on solid waste management; mechanisms and policies to encourage investment in solid waste management; to promulgate technical regulations, national standards and techno- economic norms on management of ordinary solid wastes according to its competence;

To formulate, appraise and summit to the Prime Minister for approval or to approve under the latter’s authorization master plans on management of solid wastes in inter-provincial regions and key economic region; to direct, guide and inspect the implementation thereof after they are approved;

To appraise solid waste management master plans of centrally run cities-of special grade and submit them to the Prime Minister for approval; to give written consent for the People’s Committees of centrally run cities of grade I to approve municipal master plans on solid waste management;

To guide and inspect the formulation and management of master plans on construction of solid waste treatment facilities, methods of formulation and management solid waste collection, transport and treatment service charges; to organize investment promotion activities and direct and guide the implementation of investment projects on construction of solid waste treatment facilities in inter-provincial regions and key economic regions as assigned by the Prime Minister;

To coordinate with the Ministry of Natural Resources and Environment in guiding the restoration, re-use and use-purpose change of areas of solid waste treatment facilities and observing the environment after the termination of their operation;

To coordinate with the Ministry of Science and Technology and the Ministry of Natural Resources and Environment in appraising and recognizing solid waste treatment technologies newly researched and applied in Vietnam for the first time.

c/ Regarding urban lighting and urban greenery:

To formulate urban lighting and greenery development strategies and submit them to the Prime Minister for approval; to direct the implementation thereof after they are approved by the Prime Minister;

To formulate and promulgate according to its competence or submit to competent authorities for promulgation and guide and inspect the implementation of technical regulations, national standards and techno-economic norms on urban lighting and greenery; regulations on formulation, appraisal and approval of urban lighting master plans; mechanisms and policies to encourage the development of urban lighting and greenery;

To appraise urban lighting master plans of centrally run cities of special grade and submit them to the Prime Minister for approval; to give written consent for the People’s Committees of centrally run cities of grade I to approve the municipal urban lighting master plans;

To guide methods of formulation and management of urban lighting costs, expenses for maintenance of public greenery in urban centers; to guide and inspect the observance of legal provisions on urban lighting and greenery management nationwide.

d/ Regarding management of cemeteries (excluding war martyrs’ cemeteries):

To guide and inspect the implementation of legal provisions on planning, construction, renovation, expansion, closure and relocation or cemeteries; to promulgate technical regulations on cemetery construction; to establish and submit to competent authorities for promulgation national standards on cemetery construction;

To appraise and submit to the Prime Minister for approval the cemetery master plans of special-grade urban centers; to give written consent for the People’s Committees of centrally cities of grade I to approve the municipal cemetery master plans as prescribed by law;

To guide and inspect the management and use of cemeteries; to guide the methods of formulation and management of cemetery service charges.

dd/ Regarding urban traffic infrastructure:

To guide the formulation, appraisal and approval of urban traffic master plans and the urban traffic planning content in urban center plans; to inspect the construction of urban infrastructure according to approved urban center master plans and urban traffic master plans;

To appraise urban traffic master plans of centrally run cities of special grade and submit them to the Prime Minister for approval; to give written consent for the People’s Committees of centrally run cities of grade I to approve their urban traffic master plans;

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, formulating and promulgating 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 traffic infrastructure;

To coordinate with the Ministry of Transport in guiding the management of the use, exploitation and maintenance of urban roads;

To coordinate with related ministries and sectors in formulating mechanisms and policies to encourage investment in urban traffic infrastructure development.

e/ Regarding management of urban underground construction:

To formulate orientations and strategies on development of urban underground construction suitable to each stage of national socio-economic development; to direct the implementation thereof after they are approved by the Prime Minister;

To guide and inspect the formulation, appraisal, approval and management of implementation of spatial urban underground construction master plans;

To promulgate according to its competence technical regulations on urban underground construction; to formulate and promulgate according to its competence or submit to competent authorities for promulgation national standards and techno-economic norms on construction of public underground facilities and urban underground infrastructure facilities;

To assume the prime responsibility for, and coordinate with other ministries and ministerial- level agencies in, submitting to competent authorities for promulgation regulations on management of underground work construction and management and the underground laying of urban wire and cable lines;

To guide the establishment and management of databases and the provision of information on urban underground work systems;

To coordinate with related ministries and ministerial-level agencies in formulating preferential and support mechanisms and policies to encourage investment in construction of underground works and submit them to the Government or the Prime Minister for approval.

g/ Regarding management of the common use of urban technical infrastructure:

To guide and inspect the formulation, appraisal and approval of urban master plans related to the identification of technical infrastructure facilities under common use;

To assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, formulating and promulgating according to competence or submitting to competent authorities for promulgation, technical regulations, national standards and techno-economic norms on urban technical infrastructure facilities under common use, and regulations on common use of urban technical infrastructure facilities;

To assume the prime responsibility for, and coordinate with other ministries, ministerial- level agencies and provincial-level People’s Committees in, guiding, monitoring and inspecting the implementation of legal provisions on management and common use of technical infrastructure; to promulgate forms of contracts for management of operation of technical infrastructure under common use, forms of contracts for common use of technical infrastructure;

To coordinate with the Ministry of Finance in guiding the principles for control and methods of determination of rentals and bracket of rentals of common-use technical infrastructure and inspect and supervise the implementation thereof.

9. Regarding housing

a/ To formulate orientations and ten-year strategies for national housing development, five-year national housing programs, housing development norms and housing development plans in annual and periodical national socio- economic development tasks; to direct the implementation thereof after they are approved by the Prime Minister;

b/ To guide and inspect provincial-level

People’s Committees in the formulation of local housing development programs, housing development norms and plans in local annual and periodical socio-economic development tasks;

c/ To formulate and submit to competent authority for promulgation or promulgate according to its competence mechanisms and policies to mobilize investment resources for housing development nationwide, housing development programs and projects for various specific groups of subjects in key areas and housing(?4mprovement supports for social policy beneficiaries; to guide and inspect the implementation thereof;

d/ To guide and inspect the formulation, appraisal and approval of housing development projects; to appraise housing development projects with investment decided by the Prime Minister; to guide the capital mobilization at housing development projects;

dd/ To promulgate technical regulations on construction of houses; to formulate and submit to competent authorities for promulgation the national housing norms; to promulgate regulations on classification criteria, regulations on management, use, warranty and maintenance of houses of different kinds; to promulgate framework programs on professional training in management of condominiums and public- duty houses;

e/ To formulate and submit to the Prime Minister for promulgation public-duty house space norms; to summarize use demands and capital demands for construction of public-duty houses for lease to subjects under the central management; to coordinate with provincial- level People’s Committees in determining construction land funds and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in planning central budget capital for construction of public-duty houses for lease to subjects under the central management, and submit them to the Prime Minister for decision;

g/ To guide methods of determining public- duty house rents, sale prices, rents and rental- purchase prices of social houses; to provide guidance on eligible subjects, conditions, process of selection of subjects, for purchase, rent or rent-purchase of social houses;

h/ To organize the establishment, receipt and operation management of the public-duty house fund of the Government under the Prime Minister’s assignment;

i/ To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, formulating criteria on housing surveys, statistics and evaluation; to organize periodical housing surveys, statistics and evaluation serving the state management of housing; to guide the set-up and management of databases and the provision of information on houses; to summarize and publicize every five years and annually information on houses nationwide.

10. Regarding public offices

a/ To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, organizing the formulation and appraisal of master plans on development of systems of public offices of state administrative agencies, state-owned offices of central agencies, socio-political organizations and public non-business units; to direct, guide and inspect the implementation thereof 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 public offices of local state administrative agencies and state- owned offices of local agencies, socio-political organizations and public non-business units;

c/ To promulgate technical regulations on construction of public offices and working offices; to formulate and submit to competent authorities for promulgation national standards on construction of public offices and working offices; to promulgate regulations on classification criteria and regime of maintenance of public offices and state-owned offices;

d/ To coordinate with the Ministry of Finance in guiding the use-purpose change, the trading, lease and rent-purchase of public offices and state-owned offices;

dd/ To organize periodical surveys, statistics and evaluation of public offices and state- owned offices to serve the state management of public offices.

11. Regarding real estate market

a/ To formulate strategies and policies on real estate market development and management; to direct the implementation thereof 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, the management of real estate business activities with regard to commodity structure, supply-demand balance, and implementation of policies and solutions to regulate and stabilize the market; to organize the formulation and periodical promulgation of real estate indexes;

c/ To guide regulations on real estate to be put into business;

d/ To guide and inspect the implementation of legal provisions on conditions on capability of investors in new urban center projects, housing development projects and industrial- park technical infrastructure development projects;

dd/ To guide and inspect the implementation of legal provisions in house trading activities, construction works, transfer of new urban center projects, housing development projects and industrial-park technical infrastructure projects;

e/ To promulgate framework programs on training in real estate brokerage and evaluation, management and administration of real estate trading floors, real estate evaluation certificates; to guide and inspect the grant and management of real estate brokerage certificates and real estate evaluation certificates;

g/ To guide and inspect the implementation of legal provisions on real estate service business, and organizational and operational models of real estate trading floors;

h/ To set up, and manage the operation of, systems of information on real estate market and real Estate business activities.

12. Regarding building materials

a/ To formulate, appraise and submit to the Prime Minister for approval master plans on development of building materials in Vietnam, regional master plans on building materials development, cement development master plans, and national programs on building materials, to direct, guide and inspect the implementation thereof after they are approved by the Prime Minister;

b/ To formulate, approve, direct, guide and inspect the implementation of development master plans for walling and flooring materials, construction glass, sanitary chinaware and other main building materials;

c/ To guide and inspect provincial-level People’s Committees in the formulation, appraisal, approval and management of local master plans on building materials development;

d/ To formulate and submit to the Prime Minister for approval master plans on exploration, exploitation, processing and use of minerals for production of building materials, and raw materials for cement production; to direct, guide and inspect the implementation thereof after they are approved by the Prime Minister;

dd/ To coordinate with the Ministry of Natural Resources and Environment and the Ministry of Industry and Trade in, appraising dossiers of application for permits for mineral exploration, exploitation and processing, reports on assessment of environmental impacts of activities of exploiting, processing and using minerals for production of building materials, and raw materials for cement production;

e/ To guide and inspect provincial-level People’s Committees in the formulation, appraisal, approval and management of master plans on exploration, exploitation, processing and use of minerals for production of common building materials;

g/ To guide the appraisal of technologies for exploitation and processing of minerals for production of building materials and raw materials for cement production; building materials-manufacturing technologies; to guide the experiment, assessment, evaluation and quality conformity certification of building materials;

h/ To guide the application of technical regulations and rules on occupational safety and hygiene in the exploitation, processing and use of minerals for production of building materials, and raw materials for cement production; and the production of building materials;

i/ To promulgate lists of, conditions and technical regulations on, building materials to be exported or imported, building materials restricted from export or import, building materials subject to conditional business; to guide and inspect the implementation thereof.

13. Regarding construction technical safety

a/ To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, formulating and promulgating according to competence, or submitting to competent authorities for promulgation technical regulations and legal documents on technical safety in construction;

b/ To propose lists of machines, equipments and supplies with strict labor safety requirements in the construction industry to the Ministry of Labor, War Invalids and Social Affairs for promulgation;

c/ To promulgate the process of inspecting machines and equipments with strict labor safety requirements in the construction industry after getting the appraising opinions of the Ministry of Labor, War Invalids and Social Affairs;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, formulating and promulgating criteria and conditions for operation of organizations conducting the inspection of machines and equipment with strict labor safety requirements in the construction industry;

dd/ To guide and inspect the implementation of legal provisions on safety of machines and equipment with strict labor safety requirements within the scope of the Ministry’s state management;

e/ To guide and inspect the technical safety in construction with a view to ensuring safety for workers, construction equipment, construction works and adjacent works; to coordinate with the Ministry of Labor, War Invalids and Social Affairs in handling violations and guide the settlement of technical safety incidents in work construction as prescribed by law.

14. Regarding environmental protection

a/ To direct and guide the incorporation of environmental protection master plaits, plans and programs in development strategies, master plans, plans and programs in the fields under the Ministry’s state management;

b/ To study and propose the promulgation or amendment and supplementation of technical regulations and national standards on environment; to formulate and promulgate according to its competence technical regulations on environmental quality, environmental wastes in the fields under the Ministry’s state management;

c/ To direct and guide the making of strategic environmental assessment reports and environmental impact assessment reports; to appraise environmental impact assessment reports according to its competence, to observe the environmental impacts of activities of different sectors, to make reports on environmental impacts of different sectors; to manage and control wastes, noise, vibration, light and radiation; to prevent and respond to environmental incidents, redressing environmental pollution, restoring the environment in the fields under the Ministry’s state management as prescribed by law;

d/ To monitor and inspect the implementation of legal provisions on environmental protection, to cope with impacts of climate change in the fields under the Ministry’s state management.

15. To organize statistical work, archival of documents and data on the fields under the Ministry’s state management as prescribed by law.

16. To decide on policies and specific measures and direct the implementation of mechanisms for operation of public-service organizations under the Ministry’s management as preserved by law; to manage and direct activities of non-business organizations of the Ministry.

17. To exercise the rights and fulfill the obligations of the owner of state capital at state- funded enterprises managed by the Ministry:

a/ To work out schemes and master plans for reorganization, equitization, ownership conversion, renewal and development of state enterprises managed by the Ministry, and submit them to the Prime Minister for approval and direct the implementation thereof after they are approved;

b/ To submit to the Prime Minister for decision or decide according to its competence the appointment and removal from duty of presidents of the Members’ Councils, directors general, members of the Members’ Councils and controllers at groups or corporations with 100% state capital under the Ministry’s management;

c/ To appraise for submission to the Prime Minister for approval or to approve according to its competence the organization and operation charters of groups and corporations with 100% state capital under the Ministry’s management;

d/ To appoint representatives of the state capital at state enterprises under the Ministry when they are converted into joint-stock companies.

18. To submit to the Government for promulgation mechanisms and policies on encouragement, support and orientation of the development of enterprises, cooperatives and various entities of collective economy and private economy of various economic sectors in the sectors and fields under the Ministry’s state management; to guide and inspect the implementation of regulations on business and service lines subject to conditional business according to the Government-prescribed lists and handle violations according to its competence.

19. To formulate and organize the implementation of the strategy for development of construction science and technology; to organize and direct scientific research activities, the application of scientific and technological advances in the fields under the Ministry’s state management; to manage the system of construction measurement standards.

20. To formulate and organize the implementation of the master plan on human resource development and the training strategy for development of human resources for the building industry; to coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in formulating programs on training of architects, engineers and other professionals of different grades in various construction specialties; to work out, and organize the implementation of, programs on professional training for construction officials, civil servants and public employees; to formulate, and organize the implementation of, programs on construction management and urban development training for managerial and professional officials of urban centers.

21. To draw up, and organize the implementation of, plans and programs on international cooperation and integration in the fields under the Ministry’s state management in accordance with law; to organize negotiations on, and conclude treaties under the Government’s authorization; to participate in international organizations as assigned by the Government; to conclude, and organize the implementation of, international agreements in its own name as prescribed by law.

22. To decide on and direct the implementation of administrative reform programs of the Ministry according to the objectives and contents of the state administrative reform program approved by the Prime Minister.

23. To perform tasks and powers over associations and non-governmental organizations within the scope of the Ministry’s state management as provided by law.

24. To inspect, examine and settle complaints and denunciations; to prevent and fight corruption, negative acts and handle violations in the fields under the Ministry’s state management.

25. To manage the organizational apparatus, payroll, cadres, civil servants and public employees; to apply the wage regime as well as other regimes and policies of preferential treatment, commendation and discipline towards cadres, civil servants and public employees under the Ministry’s management as prescribed by law.

26. To make annual budget estimates of the Ministry; to coordinate with the Ministry of Finance in formulating, summarizing revenue and expenditure estimates according to the branches and fields under its management for the Government to submit them to the National Assembly; to manage, implement and finalize state budget funds; to manage and take responsibility for the assigned state assets; to perform other state budget, financial and property tasks as prescribed by law.

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

Article 3. Organizational structure of the Ministry

1.       The Planning and Architecture Department.

2.       The Building Materials Department.

3.       The Construction Economics Department.

4.       The Science, Technology and Environment Department.

5.       The Planning and Finance Department.

6.       The Enterprise Management Department.

7.       The Legal Affairs Department.

8.       The International Cooperation Department.

9.       The Organization and Personnel' Department.

10.     The Ministry Office.

11.     The Ministry Inspectorate.

12.     The Construction Management Agency.

13.     The State Agency for Construction Quality Inspection.

14.     The Urban Development Agency.

15.     The Technical Infrastructure Agency.

16.     The Housing and Real Estate Management Agency.

1»7. The Southern Affairs Department.

18.     The Construction Economics Institute.

19.     The Construction Science and Technology Institute.

20.     Tip. National Architecture Institute.

21.     The National Institute for Urban and Rural Planning.

22.     The Construction and Urban Managers Academy.

23.     The Construction Newspaper.

24.     The Construction Review.

25.     The Information Center.

The units defined from Clauses 1 thru 17 of this Article are those assisting the Minister in performing the state management function; the units defined from Clauses 18 thru 25 of this Article are non-business units attached to the Ministry.

The Planning and Finance Department and the Organization and Personnel Department have 4 sections each.

The Minister of Construction shall submit to the Prime Minister for promulgation a decision providing the list of remaining non-business organizations under the Ministry.

Article 4. Effect

This Decree takes effect on August 15, 2013, replacing the Government’s Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Article 5. Implementation responsibility

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

Prime Minister

NGUYEN TAN DUNG