Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government on defining the functions, tasks, powers and 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;

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;

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; public offices; the real estate market; building materials; and 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 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, 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 law-making programs and plans, and resolutions, projects, schemes and programs as assigned by the Government and the Prime Minister; to submit to the Government and Prime Minister strategies, master plans, long-term, medium-term and annual development plans as well as important national projects and works in the sectors and fields under the Ministry’s management.

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

3. To promulgate circulars and other documents 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 and model designs in the fields under its state management; to guide and inspect the implementation of these documents.

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

5. Regarding construction planning and architecture:

a/ To draft and submit to competent authorities for promulgation or promulgate according to its competence regulations on formulation, appraisal and approval of construction master plans, including regional construction master plans, urban master plans, master plans on construction of specialized functional zones, and rural construction master plans; to guide and inspect the implementation thereof;

b/ To formulate and submit to the Prime Minister for approval construction master plans of inter-provincial regions, specialized functional zones of national importance, areas along expressways, and inter-provincial economic corridors; general plans of new urban centers covering two or more provinces or centrally run cities; general plans of new urban centers with a projected population equal to that of urban centers of grade III or higher, and other master plans assigned by the Prime Minister; to guide the implementation of these master plans after they are approved;

c/ To appraise construction plans to be approved by the Prime Minister; to reach agreement with provincial-level People’s Committees for the latter to approve specific construction plans in accordance with law;

d/ To promulgate construction planning standards, norms, unit prices and methods for estimating and managing costs for formulation, appraisal and implementation of construction master plans and regulations on management of urban planning, architecture and design;

dd/ To establish and manage the system of databases on construction planning and architecture nationwide;

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

g/ To guide and inspect the implementation of the law on urban design; management of urban space, architecture and landscape; regulations on management of urban planning and architecture; planning licenses; contest and selection of architectural designs of construction works;

h/ To guide and inspect the implementation of the law on capability conditions on organizations and individuals making construction planning designs; the grant and management of construction planning architect’s practice certificates and certificates of capability of construction planning consultancy organizations.

6. Regarding construction investment:

a/ To guide and inspect the implementation of the law on formulation, appraisal, approval and management of construction investment projects; to appraise construction investment projects in accordance with law; to guide the application of information models of construction works in the process of construction investment and exploitation and use;

b/ To guide and inspect the approval of technical designs, construction drawing designs and cost estimates of construction works; to appraise construction designs and cost estimates in accordance with law;

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

d/ To promulgate technical regulations on construction of civil and industrial works; to develop the system of national standards on 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 issue the form of construction permit; to guide and organize the grant, modification, extension and revocation of construction permits, and management of construction order according to construction permits; to suspend construction activities or request provincial-level People’s Committees to direct the suspension of construction activities and handle violations or revoke construction permits when detecting that these permits have been granted in contravention of regulations or construction works violate regulations on management of construction order;

e/ To guide the selection of contractors in construction activities in accordance with the Construction Law and the bidding law; to guide the assessment of performance 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 revocation of licenses for foreign contractors to carry out construction activities in Vietnam; to grant and revoke licenses for foreign institutional contractors to implement bidding packages of group-A projects and other bidding packages to be implemented in two or more provinces;

h/ To guide and inspect the implementation of the law on contracts in construction activities; to guide the method of adjusting contractual prices; to issue construction contract forms;

i/ To guide and inspect the implementation of regulations on estimation and management of work construction investment costs, including total investment amounts, construction cost estimates, construction norms and construction prices, work construction period, control of construction investment costs, methods of measuring work volume, methods of determining construction machine and equipment costs per working shift, methods of determining construction labor unit costs, and methods of determining construction price indices; to promulgate construction norms, investment rates, construction price indices, and project management and construction investment consultancy expense norms (including also expenses for hiring foreign consultants); to reach agreement with ministries, ministerial-level agencies and provincial-level People’s Committees for the latter to promulgate construction norms for specialized and specific works; to build and manage databases and provide information on management of construction investment costs;

k/ To guide and inspect the management of construction quality at the stages of survey, design, construction, pre-acceptance test, handover and warranty; to conduct regular or irregular inspections and propose the handling of construction quality-related violations; to suspend construction activities and request project owners, consultants and contractors to take remedies in accordance with law when detecting that construction quality is poor, threatening human life and property; to organize pre-acceptance tests of construction works in accordance with law;

l/ To guide specialized construction laboratory activities, inspection and assessment of construction quality, forensic assessment of construction, assessment of causes and handling of incidents occurring during the construction and use of construction works; to organize construction quality assessment, forensic assessment of construction and assessment of causes of incidents occurring during the construction and use of construction works in accordance with law; to inspect, assess and grant certificates of eligibility to carry out specialized construction laboratory activities;

m/ To organize the performance of tasks of the State Council for Pre-Acceptance Test of Construction Works; to assume the prime responsibility for organizing the National Award for Quality of Construction Works; to manage the quality of construction works of national importance assigned by the Prime Minister;

n/ To guide and inspect construction work maintenance and assessment of quality, force-bearing safety and operation safety during the use of construction works; to guide the handling of works which have passed their designed lifespan and are expected to be further used in accordance with law;

o/ To guide and inspect the implementation of the law on capability conditions for practicing in the construction sector applicable to individuals and for operation in the construction sector applicable to organizations engaged in construction activities;

p/ To regulate exams for grant of construction practice certificates; to issue forms of construction practice certificates, certificates of eligibility for construction activities, and framework programs for training in construction activities; to guide and inspect the grant and management of construction practice certificates and certificates of eligibility for construction activities; and to grant construction practice certificates to individuals and certificates of eligibility for construction activities to organizations in accordance with law;

q/ To build databases, to update and publish information on capability of construction-practicing organizations and individuals (including also foreign organizations engaged in construction activities in Vietnam) in accordance with law.

7. Regarding urban development:

a/ To set orientations and formulate strategies and master plans on development of the national system of urban centers, national important programs and projects on urban development, and urban development targets within national socio-economic development tasks in each period; and to guide and inspect the implementation of these strategies, master plans, programs, projects and targets after they are approved by the Prime Minister;

b/ To develop 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 estimation and management of utility service prices in urban centers, and costs of formulation and appraisal of urban development areas and programs and urban classification plans; to guide and inspect the implementation thereof;

c/ To appraise or reach agreement with competent authorities for the latter to approve urban development plans, urban development areas and urban development investment projects in provinces and centrally run cities in accordance with law;

d/ To formulate and submit to competent authorities regulations on the system of urban evaluation and classification criteria in each period of national development; to guide, inspect and organize annual evaluations and classifications of urban centers against the criteria set by competent authorities; to appraise and propose the Prime Minister to recognize urban centers of special grade, grade I and grade II; to recognize urban centers of grade III and grade IV;

dd/ To guide and inspect urban development investment activities under master plans and plans; to guide and inspect the implementation of the law on management of development of new urban centers, upgrading, renovation, embellishment, expansion and 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 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 develop and manage the system of databases on urban development and provide information on urban development.

8. Regarding technical infrastructures, including water supply in urban centers and industrial parks, water drainage and wastewater treatment in urban centers and concentrated rural residential areas; management of residential solid wastes in urban centers and concentrated rural residential areas; urban lighting and greenery; cemeteries (excluding war martyrs’ cemeteries) and crematoria; urban traffic infrastructure facilities; management of urban underground construction; and management of common use of urban technical infrastructure facilities:

a/ Water supply in urban centers and industrial parks, water drainage and wastewater treatment in urban centers and concentrated rural residential areas:

To formulate and seek written opinions of the Ministry of Natural Resources and Environment on orientations, strategies, programs and national targets on water supply and drainage and wastewater treatment before submitting them to the Prime Minister for approval, and organize their implementation after they are approved;

To formulate and promulgate according to its competence or submit to competent authorities for promulgation, and guide and inspect the application of, technical regulations, national standards and techno-economic norms on construction of water supply and drainage and wastewater treatment works; regulations on and processes of formulation, appraisal and approval of water supply master plans and water drainage and wastewater treatment master plans; and mechanisms and policies on development of water supply and drainage and wastewater treatment;

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 and wastewater treatment master plans for inter-provincial regions; to direct, guide and inspect the implementation of these master plans after they are approved;

To appraise water supply master plans and water drainage master plans of centrally run cities of special grade and submit them to the Prime Minister for approval; to give written consent on water supply master plans and water drainage and wastewater treatment master plans of centrally run cities of grade I for their People’s Committees to approve these master plans;

To organize investment promotion, mobilization and exploitation of resources for development of water supply, water drainage and wastewater treatment; to guide the implementation of investment projects to build water supply, water drainage and wastewater treatment works for urban centers and inter-provincial areas as assigned by the Prime Minister;

To guide the application of technological and management models to water supply, water drainage and wastewater treatment systems suitable to the characteristics and sizes of each urban center, industrial park or concentrated rural residential area; the management and operation of water supply, water drainage and wastewater treatment systems;

To guide methods of determining clean water prices and price brackets, water drainage and wastewater treatment service prices, and to inspect the implementation thereof.

b/ Management of residential solid wastes in urban centers and concentrated rural residential areas:

To formulate programs on investment in the disposal of residential solid wastes, submit them to the Prime Minister for approval; to guide their implementation after they are approved;

To formulate and promulgate according to its competence or submit to competent authorities for promulgation, and guide the implementation of, regulations on formulation, appraisal and approval of master plans on management of solid wastes; technical regulations and national standards on construction of residential solid waste disposal works; techno-economic norms, investment rates and methods of estimating and managing costs and methods of determining prices of residential solid waste collection, transportation and disposal services;

To formulate, appraise and seek written opinions of the Ministry of Natural Resources and Environment before submitting to the Prime Minister for approval or approving under authorization of the Prime Minister master plans on management of solid wastes for inter-provincial areas; to guide and inspect the implementation of these master plans after they are approved;

To appraise master plans on management of solid wastes of centrally run cities of special grade for submission to the Prime Minister for approval; to give written consent to master plans on management of solid wastes of centrally run cities of grade I for their People’s Committees to approve them;

To guide and inspect the formulation and management of master plans on construction of solid waste disposal facilities; to organize investment promotion activities and direct and guide the implementation of investment projects to build residential solid waste disposal facilities for inter-provincial areas as assigned by the Prime Minister.

c/ Urban lighting and urban greenery:

To set orientations for urban lighting and greenery development strategies and submit them to the Prime Minister for approval; to guide and inspect the implementation of these orientations 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; and 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 their urban lighting master plans;

To guide methods of formulating and managing urban lighting and greenery maintenance costs; to guide and inspect the observance of the law on management of urban lighting and greenery management nationwide.

d/ Management of cemeteries (excluding war martyrs’ cemeteries) and crematoria:

To guide and inspect the implementation of the law on planning, construction, renovation, expansion, closure and relocation of cemeteries and crematoria; to promulgate technical regulations on construction of cemeteries and crematoria; to formulate and submit to competent authorities for promulgation national standards on construction of cemeteries and crematoria;

To appraise and submit to the Prime Minister for approval master plans on cemeteries of special grade; to give written consent for the People’s Committees of centrally run cities of grade I to approve their cities’ cemetery master plans in accordance with law;

To guide and inspect the management and use of cemeteries and crematoria; to guide methods for formulating and managing costs and for determining prices of cemetery and crematorium services.

dd/ Urban traffic infrastructure:

To guide the formulation, appraisal and approval of urban traffic master plans and contents on urban traffic planning in urban planning schemes; to inspect the construction of urban infrastructure under 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 cities’ urban traffic master plans;

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.

e/ Management of urban underground construction:

To set orientations and formulate strategies on development of urban underground construction in conformity with each stage of national socio-economic development; to guide and inspect the implementation of these orientations and strategies 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 the Ministry’s competence technical regulations on construction of urban underground works; 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 formulate and promulgate according to the Ministry’s competence or submit to competent authorities for promulgation regulations on management of the construction and use of underground works and underground wire and cable laying in urban centers;

To guide the building and management of databases and provide information on urban underground work systems;

To formulate preferential and support mechanisms and policies to encourage investment in the construction of underground works and submit them to the Government or Prime Minister for approval.

g/ 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 formulate and promulgate according to its competence or submit to competent authorities for promulgation technical regulations, national standards and techno-economic norms on urban technical infrastructure facilities under common use, regulations on their common use; model contracts on their management and operation and model contracts on their common use;

To guide methods of determining rentals and rental brackets of common-use technical infrastructure and inspect and supervise the implementation thereof;

To guide, monitor and inspect the implementation of the law on management and common use of technical infrastructure facilities.

9. Regarding housing:

a/ To formulate national housing development strategies for each period, housing development targets and housing development plans under annual and periodical national socio-economic development tasks; to direct the implementation of these strategies, targets and plans 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 and plans, housing development targets and plans under local annual and periodical socio-economic development tasks; to give opinions on housing development programs of provinces and centrally run cities;

c/ 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, housing development programs and projects for each specific group of subjects in key areas and housing improvement 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 investment projects and the capital raising at housing development investment projects in accordance with law; to appraise for submission to the Prime Minister for decision or approval investment policy for housing project or approve housing projects under the Government’s delegation and the Prime Minister’s assignment; to guide, urge and inspect the renovation and re-building of old condominiums;

dd/ To promulgate technical regulations on construction of houses; to formulate and submit to competent authorities for promulgation national standards on houses; to promulgate regulations on classification criteria, regulations on management, use, warranty and maintenance of houses of different kinds; to promulgate framework programs on training in condominium management and operation; to recognize establishments eligible to provide training in condominium management and operation;

e/ To formulate and submit to the Prime Minister for promulgation public-duty house space norms; to summarize demands for public-duty houses and formulate and submit to the Prime Minister for approval plans on development of public-duty houses of ministries and ministerial-level agencies (except the Ministry of National Defense and Ministry of Public Security); to reach agreement with the Ministry of National Defense and Ministry of Public Security for the latter to approve plans on development of public-duty houses for the subjects specified at Point d, Clause 1, Article 32 of the Housing Law.

g/ To guide methods of determining public-duty house rentals, sale prices, rentals and hire-purchase prices of social houses and resettlement houses; to guide methods of determining house operation and management service costs; and to provide guidance on eligible subjects, conditions, and process of selection of subjects eligible to purchase, rent or hire-purchase social houses;

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

i/ To propose 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 surveys and making of statistics after its proposals are approved.

10. Regarding public offices:

a/ To formulate and appraise 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 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 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 maintenance of public offices and state-owned offices;

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

11. Regarding the real estate market:

a/ To formulate strategies and policies on real estate market development and management; to direct the implementation of these strategies 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, managing real estate business activities;

c/ To examine and inspect the implementation of the law on real estate business; to coordinate with provincial-level People’s Committees in organizing examination and review of real estate business projects so as to propose competent state agencies to revoke, suspend, stop or adjust, convert or transfer real estate business projects;

d/ To guide the training in real estate brokerage and real estate trading floor administration; to promulgate framework programs on training in real estate brokerage and real estate trading floor administration; 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 guide and inspect the implementation of the law on real estate service business, and organization and operation of real estate trading floors;

e/ To set up, and manage the operation of, the national information system on the real estate market; to formulate and disclose real estate market assessment indicators in accordance with law.

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, cement development master plans, and national programs and plans on building materials; to direct, guide and inspect the implementation of these master plans, programs and plans after they are approved by the Prime Minister;

b/ To formulate, approve, direct, guide and inspect the implementation of master plans on development of major building materials (except cement);

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

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

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

e/ To guide the appraisal and assessment of production technologies and quality of building material products and goods; processing technologies and quality of minerals for production of building materials; to guide and inspect the testing, inspection, assessment and quality standard conformity certification of building material products and goods;

g/ To promulgate according to the Ministry’s competence or submit to competent authorities for promulgation lists of, and conditions 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;

h/ To guide the use of eco-friendly mineral resources and energy-efficient building materials in construction works.

13. Regarding technical safety in construction activities:

a/ To assume the prime responsibility for formulating national standards on occupational safety and health in construction and promulgating national technical regulations on occupational safety and health in the fields under its management after obtaining opinions of the Ministry of Labor, War Invalids and Social Affairs, including occupational safety and health in determining technical methods and carrying out construction activities; and occupational safety with regard to machines, equipment and supplies subject to strict requirements on occupational safety in construction activities;

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

c/ To organize the training and examination in inspection of machinery, equipment and supplies subject to strict occupational safety and health requirements under its management;

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

dd/ To guide the declaration, survey and making of statistics of and reporting on technical incidents causing unsafety in construction activities; to guide and conduct occupational safety and health inspection within the scope of its state management tasks and powers.

14. Regarding environmental protection:

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

b/ To formulate and promulgate according to the Ministry’s competence legal documents on environmental protection in the fields under its management in accordance with law;

c/ To direct and guide the elaboration of strategic environmental assessment reports and environmental impact assessment reports; to appraise strategic environmental assessment reports and environmental impact assessment reports according to the Ministry’s competence, to observe environmental impacts of activities of different sectors, and to make reports on environmental protection activities of the construction sector;

d/ To design and implement environmental protection and climate change response activities in the fields under the Ministry’s state management;

dd/ To organize the economical and efficient use of energy in construction works, green energy and green growth development in the fields under the Ministry’s state management.

15. To apply information technology and build e-government in the construction sector in accordance with law; to build and operate the system of provision of online public services in the fields under the Ministry’s state management as assigned by the Government and the Prime Minister.

16. To organize statistical work, archival of documents and data on the fields under the Ministry’s state management in accordance with law.

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

18. Regarding the exercise of the rights and fulfillment of 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 and public non-business units managed by the Ministry, and submit them to the Prime Minister for approval and direct the implementation of these schemes and master plans after they are approved;

b/ To submit to the Prime Minister for decision or decide according to its competence the appointment, relief from office, dismissal, commendation, and disciplining of, and the wage regime applicable to, persons holding the titles of president and member of Members’ Council, director general, and specialized controller at the 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 the groups and corporations with 100% state capital under the Ministry’s management;

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

19. To submit to the Government for promulgation mechanisms and policies to encourage, support and direct 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 trades and sectors subject to conditional business under the Ministry’s state management.

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

21. To formulate, and organize the implementation of, the master plan on human resources development and the training strategy for development of human resources for the construction sector; 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 the construction sector’s 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.

22. 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 conclude, and organize the implementation of, international agreements in its own name as prescribed by law.

23. To decide on and direct the implementation of administrative reform programs of the Ministry in line with the objectives and contents of the state administrative reform program approved by the Prime Minister.

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

25. 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.

26. 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 under the Ministry’s management in accordance with law.

27. To prepare annual budget estimates of the Ministry; to coordinate with the Ministry of Finance and the Ministry of Planning and Investment in formulating, summarizing revenue and expenditure estimates by sector and field 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 its allocated state assets; to perform other state budget, financial and property tasks as prescribed by law.

28. 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 Science, Technology and Environment Department.

4. The Planning-Finance Department.

5. The Enterprise Management Department.

6. The Legal Department.

7. The International Cooperation Department.

8. The Organization and Personnel Department.

9. The Ministry Office.

10. The Ministry Inspectorate.

11. The Construction Economics Agency.

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.

17. The Southern Affairs Department.

18. The Construction Economics Institute.

19. The Construction Science and Technology Institute.

20. The 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 Journal.

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 Ministry’s Office has 8 sections; and the Ministry’s Inspectorate has 9 sections.

The Construction Economics Agency has 3 sections; the Construction Management Agency, the Southern Affairs Agency and the Urban Development Agency have 4 sections each; the Technical Infrastructure Agency has 5 sections; the State Agency for Construction Quality Inspection has 6 sections; and the Housing and Real Estate Management Agency, 7 sections.

The Minister of Construction shall submit to the Prime Minister for decision a list of other non-business organizations 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.Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 62/2013/ND-CP of June 25, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Construction.

Article 5.Implementation responsibility

The Minister of Construction, 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 XUAN PHUC