Decree No. 17/2008/ND-CP dated February 04, 2008 of the Government 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

THE GOVERNMENT

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

Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the M inister of Construction and the Minister of Home Affairs,

DECREES:

Article 1. Position and functions

The Ministry of Construction is a govemmental agency which performs the function of state management of construction; construction planning: technical infrastructure in urban centers, industrial parks, economic zones and hi-tech parks: urban development: dwelling houses and office buildings; real estate business: and construction materials and performs the state management of public services in the domains falling under its state management in accordance with law.

Article 2. Tasks and powers

The Ministry of Construction shall perform the tasks and exercise the powers prescribed in the Governments Decree No. 178/2007/ND-CP of December 3, 2007. defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit to the Government draft laws and ordinances; draft resolutions and decrees of the Government according to its approved annual legislative programs as well as draft schemes and legal documents as assigned by the Government.

2. To submit to the Government long-term, five-year and annual development strategies, plannings and plans and national programs and projects in the domains under its state management: draft decisions and directives of the Prime Minister.

3. To promulgate decisions, directives and circulars under its state management; to formulate for submission to competent authorities for promulgation or to promulgate according to its competence a system of national standards and technical regulations in the domains falling under its state management.

4. To direct, guide, inspect, examine and take responsibility for organizing the implementation of approved legal documents, strategies, plannings and plans falling within the scope of its state management; to conduct law dissemination and education and provide public information relating the domains falling under its state management.

5. Regarding construction:

a/ To guide and examine the implementation of legal provisions in the domain of construction, covering the stages of formulation and management of the implementation of work construction investment projects, survey, designing, construction, take-over test (both qualitative and quantitative), handover, warranty and maintenance of construction works;

b/ To guide and examine tiie grant, renewal, modification and withdrawal of work construction permits in accordance with law;

c/ To guide and examine the implementation of legal documents on qualification conditions on construction practice of individuals and qualification conditions on construction operation of organizations engaged in construction activities, including: formulation of work construction investment projects: construction survey and designing; work construction: construction supervision; management of construction expenses, and management of work construction investment projects;

d/ To guide and examine the grant and management of construction practice certificates in accordance with law;

dd/ To guide and examine the selection of construction contractors in accordance with the Construction Law and bidding law;

e/ To guide and examine the grant of permits to foreign contractors to carry out construction activities in Vietnam and the withdrawal of these permits: to grant contract permits to and withdraw these permits from institutional foreign contractors undertaking bidding packages under group-A projects and other bidding packages covering two or more provinces:

f/ To guide and examine the implementation of the Regulation on hiring foreign consultants in construction activities in Vietnam;

g/ To guide and examine the management of construction work quality in the stages of survey, designing, construction, take-over test, handover, warrant;, and maintenance of construction works; to guide the evaluation of construction work quality and carry out state evaluation of . construction work quality as decentralized by the Government or assigned by the Prime Minister.

h/ To announce construction norms, investment capital ratios, and the construction price index and methods for determining the construction price index; to guide and inspect the estimation and management of work construction investment expenditures, including total investment capital for work construction, work construction cost estimates, construction norms and work construction prices, methods of singling out and measuring work volumes and methods of determining construction machine and equipment shift prices:

i/ To guide and examine the implementation of legal provisions on contracts in construction activities:

k/ To guide and examine the implementation of regulations on handover, submission and archival of dossiers and documents on construction survey and construction designing and dossiers and documents on completion of construction works in accordance with law:

l/ To appraise work construction investment projects as decentralized and technical designs and work construction cost estimates as assigned by the Government; to guide and inspect the appraisal of work construction investment projects, technical designs, construction drawing designs and construction cost estimates in accordance with regulations on management of work construction investment projects:

m/ To direct, guide and examine the implementation of important construction investment projects and national key projects in accordance with the Governments regulations; to perform tasks and exercise powers of the investor of important construction investment projects and national key projects as assigned bv the Prime Minister.

6. Regarding architecture and construction planning (covering: regional construction plantrings, urban construction planning, plannings on construction of rural residential quarters, plannings on construction of industrial parks, economic zones and hi-tech parks and plannings on construction of important international border gates):

a/ To set forth orientations for development of Vietnamese architecture in each period and direct the implementation of these orientations after they are approved by the Prime Minister:

b/ To formulate and submit to competent authorities for promulgation or to promulgate according to its competence standards and technical regulations on architecture and construction plannings and regulations on formulation, appraisal and approval of construction planning schemes: to guide and inspect the implementation thereof;

c/ To guide and examine the implementation of the Regulation on management of urban architecture;

d/ To formulate, reach agreement and submit to the Prime Minister for approval specific construction planning schemes as assigned by the Government; to direct the implementation of these schemes after they are approved by the Prime Minister;

dd/ To appraise or negotiate with competent authorities for the latter to approve construction planning schemes as decentralized;

e/ To guide and examine the implementation of legal provisions on qualification conditions for individuals and organizations to participate in elaborating construction plannings:

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