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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
36/2003/ND-CP
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Hanoi, April 4, 2003
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DECREE
PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND
ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the August 5, 2002 Resolution No. 02/2002/NQ-UBTVQH11 of the XIth
National Assembly of the Socialist Republic of Vietnam, the first session,
prescribing the list of the Government’s ministries and ministerial-level
agencies;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002
defining the functions, tasks, powers and organizational structures of the
ministries and ministerial-level agencies;
At the proposals of the Minister of Construction and the Minister of the
Interior,
DECREES:
Article 1.- Position and functions
The Ministry of Construction is a governmental
agency, which performs the function of State management over construction; construction
materials; dwelling houses and working offices; architectures, urban
construction plannings and rural construction plannings; and urban technical
infrastructures; performs the State management over public services and acts as
representative of the owner of State capital portions at enterprises with State
capital within the Ministry’s State management domains according to law
provisions.
Article 2.- Tasks and powers
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1. To submit to the Government and/or the Prime
Minister bills, draft ordinances and other draft legal documents on the
Ministry’s State management domains;
2. To submit to the Government and/or the Prime
Minister development strategies and plannings; long-term, five-year and annual
plans; national programs and projects; and other important works within the
Ministry’s State management domains;
3. To promulgate decisions, directives and
circulars within the Ministry’s scope of State management;
4. To direct, guide, examine and take
responsibility for the implementation of legal documents, strategies, plannings
and plans after they are approved, and other legal documents within the
Ministry’s scope of State management; to propagate, disseminate and educate in
legislation and information on the Ministry’s State management domains.
5. Regarding construction:
a/ To submit to the Government the regulations
on the assignment for management of construction activities: from the
formulation and management of the implementation of construction projects,
surveys, designs, construction and installation, pre-acceptance tests, to the
maintenance of construction works;
b/ To evaluate construction investment projects
(in terms of plannings, architectures, preliminary designs), to evaluate
technical designs and total cost estimates of construction works as assigned by
the Government; to guide and examine the evaluation, technical design and total
cost estimates of construction works according to the regulations on investment
and construction management;
c/ To guide and examine the work of bidding in
construction according to the provisions of the bidding legislation;
d/ To uniformly manage the quality of
construction works; to organize and take responsibility for the expertise of
the quality of construction works as assigned by the Government;
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f/ To guide the management and archival of
survey and design dossiers and documents as well as dossiers on completion of
construction works according to the provisions of the archival legislation.
6. Regarding construction materials:
a/ To uniformly manage evaluation activities and
evaluate the manufacturing technologies and product quality of construction
materials;
b/ To guide and examine the management of
quality of materials used in construction works.
7. Regarding housing management and
develop-ment:
a/ To assume the prime responsibility and
coordinate with the concerned agencies in elaborating and submitting to the
Government solutions and policies on the management of urban dwelling house
market; to direct and implement them according to the Government’s assignment
and decentralization;
b/ To elaborate and submit to the Government for
approval plannings and standards on construction of working offices of State
administrative agencies;
c/ To uniformly manage dwelling houses and
working offices;
d/ To promulgate regulations on model designs,
typical designs and regime of maintenance of public-duty houses and working
offices of the Party’s and State’s agencies as well as mass organizations from
the central to local level;
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f/ To guide the People’s Committees of the
provinces and centrally-run cities in granting dwelling house ownership
certificates according to law provisions;
g/ To uniformly manage the exploitation and use
of urban construction land according to the urban construction plannings
already approved.
8. Regarding architectures, urban construction
plannings and rural construction plannings:
a/ To submit to the Government regulations on
the assigned and decentralized management of architectures, regional
construction plannings, urban construction plannings, rural construction
plannings, and urban center classification;
b/ To decide and recognize classes of urban
centers according to the Government’s decentralization;
c/ To uniformly manage architectures, urban
construction plannings and rural construction plannings;
d/ To evaluate, approve and take responsibility
for the contents of evaluation of construction planning blueprints as
decentralized by the Government;
e/ To elaborate and submit to the Government
regulations on conditions for practicing architects’ profession, and guide the
implementation of the provisions of the legislation on copyright for
architectural works.
9. Regarding urban technical infrastructures
(side walks, thoroughfares, water supply, water drainage, public lighting,
green tree parks, urban garbage, cemeteries, car parks in urban centers):
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b/ To uniformly manage urban technical
infrastructures;
c/ To guide and examine the management of
plannings on construction of urban technical infrastructures.
10. To enter into international cooperation in
the Ministry’s State management domains according to law provisions.
11. To organize and direct the implementation of
plans on scientific research and application of scientific and technological
advances to the Ministry’s State management domains.
12. To decide on specific undertakings and
measures, and direct the implementation of mechanisms on operation of
public-service organizations under the Ministry’s management according to law
provisions; to manage and direct operation of non-business organizations under
the Ministry;
13. To perform the specific tasks and exercise
the specific powers within the right to act as representative of the owner of
State capital portions at enterprises with State capital under the Ministry’s
management according to law provisions.
14. To perform the State management over
collective and private economic organizations operating in the domains under
the Ministry’s management according to law provisions.
15. To perform the State management over
activities of associations and non-governmental organizations in the Ministry’s
State management domains according to law provisions;
16. To inspect, examine and settle complaints
and denunciations; to combat corruption and negative phenomena, and handle law
violations in the domains falling within the Ministry’s State management
jurisdiction.
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18. To manage the organizational apparatus and
payroll; to direct the implementation of salary regime, preferential treatment,
commendation and discipline regimes and policies as well as other regimes towards
State officials, public servants and employees under the Ministry’s management;
to provide professional training and fostering to officials, public servants
and employees in the construction service;
19. To manage the assigned finance and assets, and
organize the execution of the allocated budget according to law provisions.
Article 3.- Organizational structure of the Ministry
a/ Organizations assisting the Minister in
performing the State management function:
1. The Department of Architecture and Construction
Plannings;
2. The Department of Urban Technical
Infrastructure;
3. The Department of Survey and Construction
Design;
4. The Department of Construction Materials;
5. The Planning-Statistics Department;
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7. The Science and Technology Department;
8. The Construction and Installation Department;
9. The Legal Department;
10. The Department for International
Cooperation;
11. The Organization and Personnel Department;
12. The Inspectorate;
13. The Office;
14. The Department of State Expertise of
Construction Work Quality;
15. The Housing Management Department.
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1. The Institute of Construction Economics;
2. The Institute of Construction Sciences and
Technologies;
3. The Institute of Urban and Rural Plannings;
4. The Institute of Construction Materials;
5. Hanoi Architectural University;
6. Ho Chi Minh City Architectural University;
7. The School for Training and Fostering
Officials of the Construction Service;
8. The Informatics Center;
9. The Construction Journal;
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The Minister of Construction shall assume the
prime responsibility and coordinate with the Minister of the Interior in
elaborating the schemes on reorganizing the Institute for Architectural
Research and other existing non-business units under the Ministry of
Construction and submit them to the Prime Minister for decision.
Article 4.- Implementation effect
This Decree takes implementation effect 15 days
after its publication on the Official Gazette and replaces the Government’s
Decree No. 15/CP of March 4, 1994 on the functions, tasks, powers and
organizational structure of the Ministry of Construction and previous
regulations which are contrary to this Decree.
Article 5.- Implementation responsibilities
The Minister of Construction, the ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government, and the presidents of the People’s Committees of the provinces
and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai