Position, function:
The Ministry of Construction is a Government agency performing state management in: Construction planning; architecture; construction investment activities; urban development; urban technical infrastructure and industrial parks, economic zones, hi-tech parks; housing; offices; real estate market; building materials; state management of public services in the field under the MOC management as the law stands.
Duties, powers:
The Ministry of Construction is responsible for performing tasks and powers stipulated in Decree 36/2012/ND-CP dated April 18, 2012 by the Government defining functions, tasks, powers and organizational structure of ministries, ministerial-level agencies and the duties and powers as follows:
1. Submit to the Government bills, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the National Assembly Standing Committee, draft decrees of the Government according to programs building legislation annually, and the Government's resolutions, strategies, planning, long-term, 5-year and yearly development plan, and projects of national importance in the fields of state management in accordance with tasks and missions assigned to the Ministry of Construction by the Government and the Prime Minister.
2. Submit to the Prime Minister draft of decisions, directives and other documents as assigned.
3. Issue circulars, decisions and directives under its state management; form and issue persuant to its function or submit to the competent authority to issue technical regulations system, national standards, economic – technical norms, typical designs, model designs in the fields under the MOC’s management.
4. Direct, guide, inspect and take on responsibility for implementing legal documents, approved strategies and plans under its state management; spread and disseminate law and information on those fields under its state management.
5. Regarding to construction planning, architecture:
a) Develop and submit to the competent authority to issue or issue by itself according to its functions regulations and procedures for formulating, checking and approving construction plans, including regional construction planning, urban planning, rural planning, construction planning of industrial parks, economic zones, hi-tech zones, specific functional areas, construction planning of major international border gate; guide and supervise the implementation;
b) Coordinate with People's Committees of provinces and cities under the Central government to formulate and submit to the Prime Minister to approve the master plan of intercity, key economic zones, new urban area ralated to more than two provinces and cities directly under the Central Government, new urban area with estimated population equivalent to that of urban area grade III or higher and other plans delivered by the Prime Minister; direct the implementation of aprroved plans;
c) Evaluate construction plans approved by the Prime Minister; offer opinion in writing to help provincial People's Committee approve specific construction plan in accordance with existing law and regulations;
d) Issue regulations on construction planning; provide methods to estimate and manage cost in construction planning;
e) Create and opertate a nationwide database system for construction planning;
f) Form orientation to Vietnamese architecture in a sustainable manner, in line with each stage, submit to the Prime Minister for approval and direct, guide and supervise the implementation;
g) Guide and supervise the implementation of provisions and regulations related to urban design, space management, architecture, urban landscape, urban planning management, planning permission; of recruiting and selecting architectural designs;
h) Guide and supervise the implementation of provisions related to capability of organizations and individuals involved in designing the construction planning, architect’s practice; specify practicing certificate template for architects, engineers; guide and supervise the issuing and managing the practicing certificate to qualified architects and engineers.
6. Regarding to construction activities:
a) Guide and inspect the implementation provisions and regulations related to forming, checking, approving and managing projects of construction investment; participate in the evaluation of construction investment projects in accordance with existing laws;
b) Guide and check the evaluation and approval of technical designs, drawings and cost estimates for construction; evaluate and check technical designs, drawings of projects using state budget and other projects as the law stands;
c) Monitor, inspect and evaluate the overall investment in the construction activity under its authority; guide and inspect the implementation of major investment projects, national key projects as the law stands; perform tasks and powers as investor of national key projects assigned by the Prime Minister;
d) Issue technical standards for construction of civil and industrial works; formulate a national standard system for survey, design, construction, test civil and industrial works; guide to apply foreign standards in construction activities in Vietnam;
e) Produce building permit template; guide to issue, amend, extend, revoke building permit and manage construction activities in order persuant to building permit; suspend or recommend local People’s Committee to suspend and handle violations or revoke building permit when detecting improper issuance as provisions or construction work in violation of regulations on managing construction activities in order persuent to the building permit;
f) Guide and check the selection of contractors in construction activities in accordance with the Building Code and the law on bidding; guide to evaluate the performance of the contractor in accordance with the law;
g) Guide the implementation of the regulation on hiring foreign consultants in construction activities in Vietnam and the grant and revocation of contractor license of foreign contractors operating in Vietnam; grant and revoke contractor license for those foreign contractors who are organizations receiving bid packages of group A project and other packages in the area of more than two provinces;
h) Guide and inspect the implementation of regulations on contracts in construction activities; guide price adjustment method of construction contracts; publish construction contract form;
i) Guide and inspect the implementation of regulations on estimate and management of construction cost, including: Total investment, construction cost estimates, construction norms and building costs, construction time, construction investment cost control, ways of spreading workload, ways of valuating price using machine and equipment per shift; announce construction norms, investment rate, construction price index, method of determining the construction price index;
k) Guide, inspect the construction quality management in phases of survey, design, construction, testing, handover, warranty; periodically or suddenly inspect and handle violations in construction quality; suspend and request investors, consultants, contractors to remedy in case detecting work quality violation at the risk of causing damage to people and property in accordance with law;
l) Guide activities of testing, inspecting and authenticating quality of the construction works, discovering causes and solving problems in construction works; organize to assess the construction works’ quality construction, assess problems’ causes in construction works in conformity with the law;
m) Undertake tasks of the State Council of accepting construction works; make the National Award for construction works’ quality;
m) Guide, inspect the maintenance of construction works and evaluate the quality of construction works in use; publish a list of the existing buildings which are unsafe, life-threatening to user and community in accordance with the law;
n) Guide, inspect the implementation of legal provisions on conditions of practice for individuals and organizations involved in the construction activities in terms of capacity;
o) Issue framework for training curriculum, professional training related to construction activities; design regulations on assessing and issuing construction practice certificates; promulgate form of construction practice certificate; guide and supervise the issuance and management of construction practice certificates;
p) Develop a database, updated and provide information on the capacity of organizations and individuals operating as construction consultants and contractors nationwide, including foreign contractors operating in Vietnam.
7. Regarding to urban development:
a) Outline orientation, strategy, overall planning to develop the national system of urban areas, programs, national key projects on urban development, targets for urban development in each stage of developing socio-economy; direct the implementation after being approved by the Prime Minister;
b) Develop and submit to the competent authority to issue or issue by itself according to its functions mechanism, policies and solutions to control the urbanization, models to manage urban development, provisions on estimation and management costs of essential services in urban areas; direct, guide and supervise the implementation;
c) Assess or give consent in writing to the competent authority for approving urban development plans, identifying areas of urban development and investment projects of urban development in provinces or cities directly under the Central government in accordance with law;
d) Develop and submit to the Government a system of criteria to evaluate and classify urban areas in phases in line with the overall development of the country; guide, supervise, evaluate and classify urban areas yearly according to the criteria prescribed by the Government; assess, submit to the Prime Minister to recognize the urban grade as for special grade, Grade I and Grade II; recognize urban grade as for urban areas Grade III and IV;
e) Direct, guide, inspect investment in urban development according to plan; guide and inspect the implementation of regulations on managing newly-developed urban areas, or those of upgrading, renovation, preservation, restoration, expansion and reconstruction; guide to manage order in urban development;
f) Guide and supervise the management and use of land for developing urban areas according to approved urban planning and urban development plan;
g) Identify resources for urban development; undertake activities to promote urban development investment; mobilize, exploit, coordinate resources from domestic and foreign organizations to develop the national system of urban areas as assigned by the Government;
h) Establish and manage a database system, providing information on urban development.
8. Regarding to urban infrastructure and industrial parks, economic zones, hi-tech zones (hereinafter referred to as industrial parks), including: water supply, drainage in urban areas and industrial parks; normal solid waste management in urban areas, industrial parks, facilities manufacturing building materials; urban lighting, urban trees; cemetery management (except for martyrs cemetery); urban traffic infrastructure; management of urban underground construction; management of urban technical infrastructure for common use:
a) Regarding to water supply, drainage in urban areas and industrial parks:
Outline orientation, strategies, programs and national targets on water supply and drainage in urban areas, industrial zones and key economic regions; direct the implementation after being approved by the Prime Minister;
Develop, issue by itself according to its functions or submit to the competent authority to issue, guide and supervise the implementation of technical regulations, national standards, economic - technical norms of water supply and drainage; regulations and procedures for formulation, appraisal and approval of water supply planning, drainage planning; policies to develop water supply, drainage in urban areas, industrial zones and key economic regions;
Set up, evaluate, submit to the Prime Minister for approval or approve as authorised by the Prime Minister water supply planning, drainage planning of intercity, key economic regions; direct, guide and supervise the implementation of the plan as approved;
Evaluate water supply planning, drainage planning of cities directly under the Central government (special grade urban area) to submit to the Prime Minister for approval; give consent in writing to the People’s Committee for approving the local water supply planning, drainage planning or that of grade I urban areas;
Give consent in writing to the competent authority to approve projects relating to water supply and drainage as the law stands; undertake promotion activities, mobilize, exploit different resources to develop water supply, drainage; direct, guide and manage the implementation of investment projects in building water supply and drainage system in urban areas, intercity and key economic regions as assigned by the Prime Minister;
Guide to apply technology model, model managing water supply and drainage system in accordance with the size and characteristics of urban areas and industrial parks; manage, exploit and maintain water supply and drainage system in urban and industrial areas;
Coordinate with the Ministry of Finance, Ministry of Agriculture and Rural Development to set up principles, methods of determining water consumption rates, drainage charges, water price framework, check and supervise the implementation.
b) Regarding to normal solid waste management:
Outline orientation, strategies, programs and national targets on normal solid waste management; direct the implementation after being approved by the Prime Minister;
Develop, submit to the competent authority to issue, guide and supervise the implementation of regulations on formulation, appraisal and approval the plan of solid waste management; policies to encourage investment in solid waste management; issue technical regulations, national standards, economic - technical norms of managing normal solid waste within its jurisdiction;
Evaluate, assess, submit to the Prime Minister for approval or approve as authorised by the Prime Minister the normal solid waste management plan of intercity or key economic regions; direct and guide the implementation after being approved;
Assess solid waste management plan of city directly under the Central Government as special urban area to submit to the Prime Minister for approval; give consent in writing to the People's Committee of city under the Central government as urban Grade I to approve its local solid waste management;
Guide and supervise the preparation and management of planning building solid waste treatment facilities, the method of estimating and cost managing those services relating to collect, transport, process solid waste; undertake promotion activities and direct, guide the implementation of investment projects building solid waste treatment facilities in intercity and key economic regions as assigned by the Prime Minister;
Coordinate with the Ministry of Natural Resources and Environment to guide how to recover, reuse or convert solid waste treament facilities into other usage after closing;
Coordinate with the Ministry of Science and Technology, Ministry of Natural Resources and Environment to evaluate and recognize solid waste treatment technologies which are studied and applied for the first time in Vietnam.
c) Regarding to urban lighting, urban trees:
Set up strategies to develop urban lighting and urban tree to submit to the Prime Minister for approval; direct the implementation after being approved by the Prime Minister;
Form and issue persuant to its function or submit to the competent authority to issue, guide and supervise the implementation of technical regulations, national standards, and economic-technical norms of urban lighting and trees; regulations on the formulation, appraisal and approval of urban lighting planning; policies to encourage developing urban lighting and trees;
Evaluate urban lighting planning of cities directly under the Central government as special urban areas to submit to the Prime Minister for approval; give consent in writing to the People's Committee of cities under the Central government as urban grade I to approve its local lighting planning;
Guide to estimate and manage urban lighting costs, maintaining public trees in urban areas; guide, check the implementation of regulations on managing urban lighting and trees nationwide.
d) Regarding to cemetery (except martyrs cemetery) management:
Guide and supervise the implementation regulations on planning and construction activities of renovating, expanding, closing, moving cemeteries; promulgate technical standards for building cemetery; set up and submit to the competent authorities to issue national standards for building cemetery;
Evaluate, submit to the Prime Minister for approval the cemetery planning of special urban areas; give consent in writing to the People's Committee of cities under the Central governemt as urban grade I to approve its local cemetery planning as the law stands;
Guide and supervise the use and management of cemeteries; guide to estimate and manage service cost relating to cemeteries.
e) Regarding to urban transport infrastructure:
Guide to set up, evaluate and approve the urban transport planning and traffic planning in urban development plan; check urban infrastructure traffic development in urban development plan and urban traffic plan approved by the competent authority;
Evaluate urban transport planning of cities under the Central government as special urban areas to submit to the Prime Minister for approval; give consent in writing to the People's Committee of cities under the Central government as urban grade I to approve its local transport planning;
Formulate or coordinate with the Ministry of Transportation to formulate technical regulations on transport infrastructure; regulations on urban road classification; set up national standards in urban transport infrastructure to submit to the competent authority for issuance;
Coordinate with the Ministry of Transportation to guide how to use, exploit and maintain urban roads;
Coordinate with those ministries involved in the development of mechanisms and policies to encourage investment in developing urban transport infrastructure.
e) Regarding to the management of urban underground construction:
Set up orientation, strategies to develop urban underground construction suitable to each stage of the national socio-economic development; direct implementation after being approved by the Prime Minister;
Guide and supervise the formulation, appraisal, approval and management the implementation of spatial planning of urban underground construction;
According to its own authority, issue technical regulations on building urban underground works; set up, issue according to its own authority or submit to the competent authority to issue national standards, economic-technical norms of building public underground works and technical underground works in urban areas;
To chair and coordinate with ministries, ministerial-level agencies to formulate regulations on managing the construction and using of urban underground works as well as taking wires, cables underground in urban areas;
Guide how to establish and manage a database system, providing information
about the system of urban underground works;
Coordinate with relevant ministries, ministerial-level agencies to set up mechanisms, preferable policies to support and encourage the construction of urban underground works to submit to the Government, the Prime Minister for approval.
g) Regarding to the management of urban technical infrastructure for common use:
Guides and supervise the formulation, appraisal and approval of urban planning related to identifying technical infrastructure for common use;
Chair and coordinate with ministries, ministerial-level agencies to build, issue by its own according to its authority or submit to the competent authority to issue technical regulations, national standards, economic-technical norms of urban technical infrastructure for common use, provisions for common use of urban technical infrastructure;
Chair and coordinate with ministries, ministerial-level agencies, provincial People's Committee to guide, supervise and inspect the implementation of those regulations on managing and using public technical infrastructure; promulgate sample contract of operating technical infrastructure for common use, sample contract of common using technical infrastructure;
Coordinate with the Ministry of Finance to guide control principle and method of determining renting price, frame of price renting technical infrastructure and check and supervise the implementation.
9. Regarding to housing:
a) Set up orientation, national strategies to develop housing for each 10-year period, national housing program for five years, housing development targets and plans for housing development in the mission of socio-economic development set up yearly or periodically; direct the implementation after being approved by the Prime Minister;
b) Guide, inspect the People's Committees of provinces and cities under the Central government to build programs developing housing, housing development targets and housing development plan in the yearly or periodic plan of local socio-economic development;
c) Develop and submit to the competent authority to issue or issue by its own according to its authority mechanisms and policies to mobilize investment resources for housing development nationwide, programs, schemes and projects of housing development for specific subjects in key areas and support to improve housing condition for social welfare beneficiary; guide and supervise the implementation;
d) Guide and supervise the preparation, appraisal, approval of housing development project; assess housing develoment projects invested by the Prime Minister; guide to mobilize capital for housing development project;
e) Issue technical standards in building housing; set up and submit to the competent authority to issue national standards in housing; issue regulations on criteria of classifying, managing, using, maintaining housing; set up a framework of training and educating experts on condominium and pulic house management;
f) Develop and submit to the Prime Minister to issue standards in area of public house; forecast demand for public house and capital to build public house for public servants; coordinate with the provincial People's Committee to identify land for building house, and coordinate with the Ministry of Planning and Investment, Ministry of Finance to set up capital planning for building houses for public servants, submit to the Prime Minister for approval;
g) Guide to determine price for renting, buying, hire-purchase social housing; guide to identify subjects, conditions, procedure to rent, buy, hire-purchase social housing;
h) Create, receive, manage and operate the fund of public house as assigned by the Prime Minister;
i) Set up or coordinate with the Ministry of Planning and Investment to set up criteria for researching, preparing statistics and evaluating housing; periodically conduct survey, evaluate housing as state management of housing; guide to develop and manage database providing information on housing; collect and announce information on housing nationwide for each 1 year and 5 years.
10. Regarding to offices of state:
a) Chair and coordinate with the ministries, agencies and local provinces to establish, evaluate the plan of building a system of office for state agency, political – social organizations, central units; direct, guide and inspect the implementation after being approved by the Prime Minister;
b) Guide, inspect the People's Committees of provinces and cities under the Central government to establish a plan of building office for the local state-owned agencies, political – social organizations, units;
c) Issue technical standards in building office; set up, submit to the competent authority to issue natioanl standards in building working office; issue regulations on criteria for classification, maintainance working office of state-owned agencies;
d) Coordinate with the Ministry of Finance to guide how to transform the use, sale, lease, hire purchase of working office owned by the State;
e) Periodically investigate, prepare statistics and evaluate state-owned working office as the state management of the office.
11. Regarding to the real estate market:
a) Set up strategies, policies to develop and manage the real estate market; direct the implementation after being approved by the Prime Minister;
b) Chair and coordinate with ministries, ministerial-level agencies, People's Committees of provinces and cities directly under the Central Government to manage the real estate business in terms of structure of goods, supply and demand balance, the implementation of policies and measures to regulate and stabilize the market; periodically set and announce the property price index;
c) Guide to apply regulations on what kinds of property are allowed to do business;
d) Guide and inspect the implementation of provisions relating to the investors’ capability to take part in new urban area projects, housing development projects, projects building technical infrastructure in industrial parks;
e) Guide and inspect the implementation of the provisions relating to selling and purchasing buildings, to transferring new urban area projects, housing development projects, projects of building technical infrastruture in industrial parks;
f) Issue a framework of training and educating experts on brokerage, real estate valuation, management and operation of real estate exchange; issue the sample certificate granted to real estate broker and valuator; guide and supervise the grant and management of these certificates;
g) Guide and inspect the implementation of provisions relating to real estate business, organization and operation of real estate exchange;
h) Establish, manage and operate the information system on real estate market and real estate business.
12. Regarding to building materials:
a) Set up, evaluate, submit to the Prime Minister for approval the master plan of developing building materials in the whole country, in regions, cement development plan, national programs on building materials; direct, guide and inspect the implementation after being approved by the Prime Minister;
b) Set up, approve and direct, guide, inspect the implementation of the development plans of paving materials, construction glass, sanitary ware and other building materials;
c) Guide, inspect the People's Committees of provinces and cities directly under the Central Government to set up, evaluate, approve and manage the local building material development plans;
d) Set up, submit to the Prime Minister for approval the master plan of exploring, mining, processing and using minerals as building materials, cement raw materials; direct, guide, inspect the implementation after being approved by the Prime Minister;
e) Coordinate with the Ministry of Natural Resources and Environment, Ministry of Industry and Trade to evaluate license application for exploration, exploitation, processing and report assessing environmental impact in mining, processing and using minerals as building materials, raw materials for cement production;
f) Guide, inspect the People's Committees of provinces and cities directly under the Central Government to set up, evaluate, approve and manage plan for exploration, exploitation, processing and using minerals as common building materials;
g) Provide guidelines for evaluating: technology of mining and processing minerals as building materials, cement raw materials, technology of producing building materials; guide to conduct experiment, assess, evaluate, recognize the product quality, building materials;
h) Guide to apply technical regulations, and regulations on safety and sanitation in mining, processing and using minerals as building materials, raw materials to produce cement; produce building materials;
i) Compile a lost of conditions and technical standards relating to building materials qualified to export, import; building materials restricted to export, import; guide and supervise the implementation.
13. Regarding to technical safety in construction:
a) Coordinate with the Ministry of Labour - Invalids and Social Affairs to set up, issue by its own according to its authority or submit to the competent authority to issue technical regulations and legal documents relating to technical safety in construction;
b) Propose a list of machines, equipments, devices having strict requirements on labor safety typically in the Construction field to the Ministry of Labour - Invalids and Social Affairs for issuance;
c) Set up procedures for testing machines, devices having strict requirements on labor safety typically in the Construction field after being approved by the Ministry of Labour - Invalids and Social Affairs;
d) Chair, coordinate with the Ministry of Labour - Invalids and Social Affairs to set up and issue criteria, conditions for the operation of organizations testing machines, equipments having strict requirements for labour safety typically in the Construction field;
e) Guide and inspect the implementation of provisions relating to the safety of machines, equipments and devices having strict requirements on labour safety under the Ministry’s state management;
f) Guide, inspect the technical safety in construction to ensure the safety for workers, construction equipments, buildings and neighboring buildings; coordinate with Ministry of Labour - Invalids and Social Affairs to handle violation, guide to deal with technical unsafe problems in construction works as the law stands.
14. Regarding to environmental protection:
a) Direct and guide the integration of planning, plans, programs protecting environment in strategies, planning, plans, development programs under the Ministry’s state management;
b) Study, propose to issue or amend, supplement technical regulations, national standards of environment; set up and issue according to its authority technical regulations on environmental quality, environmental waste in those fields under the Ministry’s state management;
c) Direct and guide to produce strategic report assessing environment and environmental impacts; evaluate reports assessing environmental impacts according to its authority; monitor the impact on the environment caused by activities of different sectors and fields, compile report on environmental impacts caused by different sectors and fields; control and manage waste, noise, vibration, light, radiation; prevent and respond to environmental problems, reduce environmental pollution, recover environment related to areas under the Ministry’s management as the law stands;
d) Monitor and supervise the implementation of provisions on protecting environment, responding to impact of climate change in the areas under the Ministry’s state management.
15. Perform task of preparing statistics, keeping documents, database of areas under the Ministry’s state management as the law stands.
16. Establish specific policies and methods, guide public services under the Ministry’s management to fully operate as the law stands; control and direct units under the Ministry’s management.
17. Take on responsibility and obligation as the owner of the State’s capital in state-owned enterprises under the Ministry’s management:
a) Develop a plan, a master plan of reorganization and restructuring, equitization, transferring ownership, innovating and developing state-owned enterprises under the Ministry’s management to submit to the Prime Minister for approval, and direct the implementation after being approved;
b) Submit to the Prime Minister for approval or approve by itself to appoint, dismiss Chairman of the Board Members, Director General, member of the Board Members of those 100% state-owned groups or corporations under the Ministry’s state management;
c) Evaluate to submit to the Prime Minister for approval or approve by itself according to its authority rules of organizing and operating in 100% state-owned groups or corporations under the Ministry’s state management;
d) Appoint representative for the state capital in state-owned enterprises under the Ministry’s state management when coverting into joint stock companies.
18. Submit to the Government to issue policies to encourage, support and develop business, companies and other forms of collective and private economy under the Ministry’s state management; guide and supervise the implementation of regulations on doing business on restricted industries and services as prescribed by the Government, and handle violations according to its jurisdiction.
19. Develop and implement the Strategy developing science and technology in the construction field; guide and direct activities relating to scientific research, science and technology’s application in those fields under the Ministry’s state management; control a measuring standards system in the Construction field.
20. Set up and implement the Plan of developing human resource and the Strategy of training and educating human resource in the Construction field; coordinate with the Ministry of Education and Training, Ministry of Labour - Invalids and Social Affairs to set up a framework of training architects, engineers and other professional related to the Construction field; set up a scheme and broaden professional knowledge for public servants in the Construction field; set up a framework of training and educating local leaders and staff on urban development and management.
21. Formulate and implement intenational cooperation plans, programs in those fields under the Ministry’s state management as the law stands; negotiate and sign international agreements authorized by the Government; participate in international organizations as assigned by the Government; sign and implement international agreements on behalf of the Ministry as the law stands.
22. Decide and direct to implement the program of reforming the Ministry’s administration according to the objectives and agenda of the program reforming state administration approved by the Prime Minister.
23. Perform duties and powers of association, non-governmental organizations under the Ministry’s state management as the law stands.
24. Inspect, test, handle complaints and accusation; combat against corruption and handle violations in areas under the Ministry’s state management.
25. Manage its organization, public servants, officials, staff, employees; follow policies of paying, rewarding, disciplining to public servants, officials, staff, employees under the Ministry’s state management as the law stands.
26. Predict budget estimation for the Ministry yearly; coordinate with the Ministry of Finance to estimate income and expenditure of those sectors under Ministry’s management to submit to the Government to submit to the National Assembly; manage, spend and explain expenditure from the state budget; manage and take on responsibility on assets handed by the State; perform other tasks relating to the state budget, finance, assets as the law stands.
27. Perform other duties as assigned or authorized by the Government, the Prime Minister.