Responsibilities of state agencies to manage construction investment activities in Vietnam

Vietnam Law has regulations on responsibilities of state agencies to manage construction investment activities. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are contents of state management of construction investment activities? What are Responsibilities of the Ministry of Construction? Thanks for answering me!”

Legal grounds

2014 Vietnam Law on Construction

Contents of state management of construction investment activities

– Formulating, and directing the implementation of, strategies, schemes, master plans and plans on development of the construction market and capacity of the construction sector.

– Promulgating, and organizing the implementation of, legal documents on construction.

– Formulating and promulgating construction standards and technical regulations.

– Organizing and managing construction planning, project management and appraisal and construction designing; promulgating and announcing construction norms and prices;

– Guiding, examining and assessing the quality management of construction works; managing construction investment costs and construction contracts; managing construction capabilities; managing bidding work in construction activities; managing occupational safety and sanitation and environmental protection in construction activities.

– Granting and revoking permits and certificates in construction investment activities.

– Examining, inspecting and settling complaints and denunciations and handling violations in construction investment activities.

– Organizing scientific and technological research and application in construction and dissemination of knowledge and law about construction.

– Training human resources for construction investment activities.

– Managing and providing information to serve construction investment activities.

– Managing and archiving construction work dossiers.

– Carrying out international cooperation in construction activities.

Responsibilities of the Government

– To unify the state management of construction investment activities nationwide; to direct the formulation and implementation of strategies and plans; to promulgate legal documents on construction.

– To direct ministries, sectors and localities in implementing the law on construction; to assign and decentralize the state management to ministries, sectors and localities; to direct the settlement of important issues, complicated problems and difficulties in the course of management of construction investment activities.

Responsibilities of the Ministry of Construction

The Ministry of Construction shall take responsibility before the Government for performing the unified state management of construction investment activities and has the following responsibilities:

– To assume the prime responsibility for formulating and submitting to the Government and the Prime Minister legal documents, strategies, schemes, master plans and plans on development of the construction market and capacity of the construction sector.

– To promulgate, and organize the implementation of, legal documents on construction according to its competence; to promulgate national technical regulations on construction and documents on construction techniques according to its competence.

– To organize and manage construction planning, project management activities and appraisal of construction projects and designs; to promulgate and publicize construction norms and prices.

– To direct, guide, examine and assess the quality management of construction works; to monitor, examine and propose the handling of quality and safety of national important works, large works and technically complex works in the process of construction, operation and use; to manage construction investment costs and construction contracts; to manage construction capabilities; to manage bidding work in construction activities; to organize, consider and approve quality prizes for construction works.

– To grant, re-grant, adjust, extend and withdraw licenses and certificates in construction investment activities according to its competence.

– To examine, inspect and settle complaints and denunciations and handle violations in construction investment activities.

– To organize scientific and technological research and application in construction and dissemination of knowledge and law about construction.

– To organize construction professional training and retraining for cadres and civil servants of state management agencies in charge of construction.

– To guide, examine and assess the management of safety, labor sanitation and environment in the construction of works.

– To coordinate with related ministries, sectors and localities in examining and evaluating the implementation of projects.

– To manage and provide information to serve construction investment activities.

– To manage and archive construction work dossiers.

– To carry out international cooperation in construction activities.

– To perform other tasks related to construction investment activities assigned by the Government.

Responsibilities of ministries and ministerial-level agencies

– Within the scope of their powers, ministries managing specialized construction works shall:

+ Coordinate with the Ministry of Construction in performing the state management of construction investment activities and take responsibility for managing the quality of specialized construction works in accordance with 2014 Vietnam Construction Law;

+ Study, promulgate, guide and examine the implementation of, specialized regulations, standards and economic-technical norms after consulting the Ministry of Construction; organizing professional training and retraining in construction investment for cadres and civil servants of attached agencies and units;

+ Monitor, examine and summarize the supervision and assessment of the construction of specialized works under their management in accordance with law;

+ Coordinate with and support ministries, agencies and related organizations and People’s Committees of all levels in the process of implementation of specialized construction investment projects in issues under their management.

– Ministries and ministerial-level agencies shall:

+ Perform the state management functions according to their assigned tasks and powers; promulgate documents according to their competence; direct the implementation of construction master plans and construction investment plans; organize the provision of guidance, examination and handling of violations in construction investment activities;

+ Coordinate with the Ministry of Construction and other agencies and organizations and People’s Committees of all levels in the process of implementing construction investment activities in issues under their assigned management;

+ Summarize the situation of, implementing, supervising and assessing construction investment activities and take responsibility for managing the quality of construction works under their assigned management;

+ Send periodical and annual reports on the management of their construction investment activities to the Ministry of Construction for summarization and monitoring;

+ Perform other tasks prescribed by law.

Responsibilities of People’s Committees at all levels

– Provincial-level People’s Committees shall:

+ Perform the state management functions according to their assigned tasks and powers; promulgate documents according to their competence; direct the implementation of construction master plans and construction investment plans; organize the provision of guidance, examination and handling of violations in construction investment activities;

+ Coordinate with and support ministries, agencies and related organizations and People’s Committees of all levels in the process of implementation of specialized construction investment projects in issues under their management;

+ Send periodical and annual reports on the management of their construction investment activities to the Ministry of Construction for summarization and monitoring;

+ Organize professional training and retraining in construction investment for cadres and civil servants of attached agencies and units;

+ Perform other tasks as prescribed by law.

– District-and commune-level People’s Committees shall:

+ Perform the state management of construction investment activities in their localities as decentralized; organize professional training and retraining in construction investment for cadres and civil servants of attached agencies and units;

+ Coordinate with and support People’s Committees of higher levels in the implementation, monitoring, examination and supervision of construction investment projects in localities under their management. Take responsibility for managing the quality of construction works issues under their assigned management;

+ Send periodical and annual reports on the management of construction investment activities in localities to People’s Committees of higher levels for summarization and monitoring;

+ Perform other tasks as prescribed by law.

Regulations on Construction inspectorates

– The construction inspectorates of the Ministry of Construction and provincial-level Construction Departments shall perform the functions of administration inspection and specialized inspection of construction with regard to organizations and individuals conducting construction activities.

– The Ministry of Construction shall direct and organize specialized inspection of construction investment activities nationwide. Provincial-level Construction Departments shall organize specialized inspection of construction investment activities in localities.

– Specialized inspection of construction investment activities covers:

+ Inspection of the observance of law by agencies, organizations and individuals in construction investment activities;

+ Detection, stopping and handling of violations within their competence or propose competent state agencies to handling violations of the construction law.

– The Government shall detail construction inspection.

Please see more:

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• Service of changing the legal representative of Vietnamese enterprises

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