Tổ chức và hoạt động thanh tra xây dựng ở Việt Nam hiện nay (2)

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

PHAM THI ANH DAO

CURRENT ORGANIZATION AND OPERATION OF THE
CONSTRUCTION INSPECTION IN VIETNAM

Major: Constitutional Law and Administrative Law
Code: 62 38 01 02

SUMMARY OF DOCTORAL THESIS IN LAW

HANOI - 2017


The work is completed at: VIETNAM ACADEMY OF SOCIAL
SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

Supervisor: 1. ASS. PROF. PHD LUONG THANH CUONG
2. ASS. PROF. PHD BUI THI DAO

Defense 1: Professor.,Doctor. Pham Hong Thai
Defense 2: Professor., Doctor. Thai Vinh Thang
Defense 3: Associate. Professor., Doctor . Vu Thu

The Thesis will be defended before the Thesis Evaluation Council
of the Academy at Graduate Academy of Social Sciences
at….hour….minute, on day…month….year….

The thesis can be found at: Library of Graduate Academy of
Social Sciences and National Library of Vietnam


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INTRODUCTION
1. Neccessity of the research
Vietnam is the country with nation-wide rapid urbanization in the region. In
particular, the construction sector plays an important role for development of
economy, society, creating a system of infrastructure values for the country. The
construction investment activities take place continuously in many sectors in
provinces such as irrigation, construction, transport, health and education with
infrastructure, civil works and industrial works and etc. Such practice requires the
State to concern about continuous construction innovation, create sector management
mechanisms in accordance with practice to meet the requirements of the enabling,
rule of law and service-orientedadministration . Construction inspection is one of the
effective mechanisms for ensuring and protecting human rights, fundamental rights of
citizens, ensuring law order in construction in practice. However, in addition to the
achievements, organization and inspection of construction in recent years have had
shortcomings. The construction inspection model lacks focus, is inconsistent,
overlapping, duplicates for contents, scope and objects. In general, the current
organization and inspection of the construction is facing with weaknesses in functions
and tasks which hinders the uniformity and efficiency of inspection activities. The
limitations and shortcomings are reflected in in both legal and practical aspects, for
example the system of legal documents on the specialized sector inspection is
incomplete, have many contradictions in content and are overlapping, procedures
have many shortcomings, the service duty performance provision is not professional
nor of good quality and etc. The said practice requires more studies of organization
and construction inspection activities from many different approaches, including theh

Constitutional Law and Administrative Law approaches to search, supplement
scientific basis for continuing improvement of the organization and operation of the
construction inspection to meet the requirements of the practice.
Derived from the demands of practice as mentiond above, the theme "Current
organization and operation of the construction inspection in Vietnam" is selected
for study at the doctoral level, in the specialization of Constitutional Law and
Administrative Law.
2. Purposes of research and research tasks
2.1. Purposes of research
The purpose of the thesis is to give scientific recommendations as a basis for the
continued renewal of the organization and operation of construction inspection in
Vietnam today.


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2.2. Research tasks
- Formalize research situation and evaluate the research situation to figure out
affairs as studied and affairs omitted for additional research on construction
inspection.
- Study the rationale for organization and construction inspection activities, such as:
clarifying concepts, requirements, principles of construction inspection organization;
clarifying the concept, features, objects, content, forms and procedures for
construction inspection operations; clarify the roles of organization and operation of
construction inspection against the state administration activities, ensuring socialist
legal affairs, construction law order as well as ensuring and protecting human rights,
citizenship rights; analyzing factors affecting organization and operation of
construction inspection.
- Make overview, descriptions, statistics, analysis and assessment of the state of
organization and construction inspection activities before and after 2010. From that,

point out the results and limitations as well as the causes.
- Identify needs and perspectives of innovation for organization and construction
inspection activities, propose innovative solutions fr organization and construction
inspection activities in our country today.
3. Objects and scope of research
3.1. Object of research
Study objects of the thesis are theoretical and practical issues on organization and
construction inspection activities in Vietnam.
3.2. Scope of research
Scope of research contents: Only study construction inspection activities as
specialized construction inspection.
Scope of time: Focus on studying organization and construction inspection
activities from 2010 until now (with the landmark as 2010 Law on Inspection as
issued).
Scope of space: The thesis studies organization and construction inspection
activities in the whole country.
4. Methodology and research methods
4.1. Methodology
The thesis uses methodology of dialectical materialism and historical materialism
4.2. Research methods
The thesis uses several specific research methods such as methods of analysis,
synthesis and comparison, history to serve the research purposes oof each chapter.


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5. New contributions of the thesis
Firstly, clarify the concept of organization of construction inspection;
construction inspection activities, characteristics and elements that make up
organization and construction inspection activities; the roles of the organization and

construction inspection activities, as well as factors affecting the organization and
construction inspection activities.
Secondly, make overview of the current status of organization and operation of
construction inspection before 2010 and after 2010 until now and evaluate the results
and limitations of organization and inspection in the periods as well as the causes of
such results and limitations.
Thirdly, identify the needs, concepts and innovative solutions for organization and
inspection in line with urban and rural area government authorities. Recommend to
develop a model of construction inspection in the urban area and rural area;
recommend completing legal provisions on organization and operation of
construction inspection in a transparent, specific and easily workable way.
6. Significance of the thesis
- Research results of the thesis contribute to supplemeting and completing
reasoning of organization and construction inspection activities.
- Results of the status and assessment for the status of the organization and
construction inspection activities in the thesis contribute to supplementing scientific
resources to make assessment of construction inspection organization model in the
practice.
- The thesis also provides scientific evidences through proposing solutions on
innovation of organization and construction inspection activities in the current
context of Vietnam, such as: develop a construction inspection model in accordance
with practices in urban and rural areas. This is the basis for the managers,
policymakers to refer to in practice.
- The research results of the thesis can be a source of reference for the activities of
teaching, research and learning about las, administration and etc.
7. Structure of the thesis
In addition to introduction, conclusion, list of references and appendices, contents
of the thesis includes 04 chapters:
Chapter 1: Literature review
Chapter 2: Theoretical issues of of organization and operation of the construction

inspection
Chapter 3: The state of organization and operation of the construction inspection in
Vietnam


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Chapter 4: Viewpoints and solutions for renovation of organization and operation of
the construction inspection in Vietnam at present
Chapter1
LITERATURE REVIEW
1.1. Overview of research status relating to the topic
1.1.1. Domestic research works
1.1.1.1. Literature on organization and operation of inspection and specialized
inspection
Including a number of works such as: Ministerial-level topic "Scientific basis for
determining the model and structure of state inspection organization at all levels to
meet the requirements of state administrative reform" (1999) Chairman Nguyen Van
Liem; Independent scientific topic at the State level "perfect mechanism of inspection
and supervision to improve the efficiency of state management" (2002), Chairman
Tran Duc Luong; Master thesis in law "Perfect organization and operation of the
Ministerial-level Inspection of our country in the current period (Through practice of
transportation sector)" (2002) of Tran Van Truong; Master thesis in law "Innovating
organization and operation of Ministerial-level inspection, specialized inspection"
(2004), Nguyen Huy Hoang and etc. The aforementioned research works study
general reasoning of inspection and specialized inspection and clarify the laws on
organization, inspection and specialized inspection in various stages since the
Inspection Ordinance in 1990, Laws on inspection in 2004 and 2010 together with
documents guiding implementation.
More specifically, there are a number of research works relating to directly

enhancement of organizational capacity and effects and efficiency of inspection and
specialized inspection.
Ministerial-level scientific topic "Gathering and verifying evidences in economic
inspection activities of the State inspection organizations" (1999) chairman Tran Duc
Luong; Ministerial-level scientific topic "Strengthening relations of direction and
coordination in the system of state inspection agencies to improve the efficiency and
effect of inspection" (2005) Chairman Nguyen Van Thanh; Doctoral thesis in law,
"Completing the inspection law in the current period" (2009) Nguyen Thi Thuong
Huyen. Ministerial-level scientific topic " Principles of inspection activities - some
theoretical and practical issues " (2011), chairman Nguyen Thai Hong; Key ministeriallevel scientific topic "results of inspection activities - Theoretical and Practicial issues"
(2012). The group of works studied, analyzed the contents of inspection activities, skills
and operations of inspection to provide knowledge to meet the requirements of public


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service activities.
1.1.1.2. Literature relating to directly organization and operation of the
construction inspection
Master thesis in public administration management, "Roles of the State Inspectors in
managing the implementation of projects in our country today" (2000), the author
Nguyen Thanh Hai; Master thesis in Public Administration Management "State
Administration of construction order in Ba Dinh District" (2008) Nguyen Quoc Thanh;
Master thesis in law "legal document in construction: Current status and Solutions"
(2008), of Ma Thi Luan; Master thesis in law "Perfecting the law on handling
administrative violations in the field of construction, through practical contact in Hanoi
city" (2009), Quan Ngoc Anh; "Law on Construction Inspection in Vietnam today"
(2012), of Nguyen Thanh Mong; Master thesis in law"Handling Administrative
Violations in the field of construction in practice of Hanoi city" (2015), of Phung Thi
Thanh and etc. Some works refer to the roles of construction inspection authorities in

implementation of state management duties in construction and implementation of
inspection function and sanction of violations against construction law, contribute to
ensuring the construction order in the local areas, contribute to ensuring legislation.
1.1.2. International research works
Not only attract local scientists but also many foreign authors studying the
inspection field with other approaches such as: reference book "Contruction Infection
handbook" (1989) of James, Jorome O "Brien, Nostrand, Reinhold; Thesis of
Management "An Evaluation of the mandatory building inspection scheme in Hong
Kong” (2008) Law Wai Nigel shing - Hong Kong University. The article "inspection
reforms: why, how and with wath" (2012) Florentin Blanc; the article" How to be a
good Ombudsman "(2004) of Ph.D. Jaccob Soderman, former inspector of European
Commission in the period of 1995-2004.
Some works are towards the needs and roles of construction inspection in the field
of construction management of the state, point out how to become a good inspector
an develop some inspection skills.
1.2. Overallreviews
1.2.1. Research results and their use in the thesis
- In term of theoretical issues: The scientific works as mentioned above basic
reasoning values in inspection, inspection organization, inspection activities
The thesis inherits traditional views "inspection associated with management"
indicating the importance and significance of specialized inspection in the state
management of sectors or fields.
For foreign works have overview and broaden the roles of inspection agencies for the
society, citizens, namely in Hong Kong, construction inspection plays an important role


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in inspection of construction activities. The recommendations of the construction
inspection agencies are approved by the government as a regulation "Public consultation

on housing management".
- In terms of practice and solutions: the status of organization, inspection activities,
specialized inspection and inspection of construction are assessed, analyzed during
periods of Inspection Ordinance in 1990, Law on Inspection in 2004 and Law on
Inspection in 2010 taking effect as a basis for reasoning and practices for proposing
solutions to complete the laws in an immediate and long-term way such as completing
the specialized legal system, improving the quality of human resources, focusing on
interdisciplinary, multidisciplinary works.
Foreign works have opened newer and more flexible perspectives in roles, purposes
of inspection in human rights protection; the flexible adaptation of inspection activities
aiming to enhance effect and efficiency of the state management in the sectors, fields.
1.2.2. Issues not mentioned or need studying further
In terms of theoretical issues: most of the works do not have a profound
commentary on the nature of specialized inspection, construction inspection, has not
put the importance of the position and role of specialized inspection in the overall
mechanism to ensure and protect human rights, civil rights and etc. From the
reasoning deficiencies mentioned above, it is necessary to study in the scope of
chapter 2 of the thesis.
In terms of practice: there are no evaluation and analysis of the model on
construction inspection organization in the periods before and after the law on
inspection in 2010 takes effect. Not clarify the status of the structure and personnel of
construction inspection organization through statistics. For such shortage, the thesis
analyzes data about the current status of structure, personnel, content of construction
inspection activities as the basis setting out the needs and innovation views of
organization and construction inspection activities.
Solutions recommended, proposed: continue to demonstrate practical needs to
provide direction and suggest some solutions to innovate innovation organization and
construction inspection activities.
In short, it is possible to confirm that no monograph works study in a systematic and
comprehensive way at the doctoral thesis on theoretical and practical issues in

organization and construction inspection activities. Therefore, we can say this is the
first scientific work in a comprehensive and profound research of "Current
organization and operation of construction inspection in Vietnam " in non-duplication.
However, the thesis inherits some values, findings of the previous scientific works,
but the thesis still ensures new issues and separate development direction.


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1.3. Research hypothesis and research questions
1.3.1. Research hypothesis
First, there has been a lot of innovation of the organization and operation of
construction inspection nowadays (since the Law on Inspection was inacted in 2010),
this has been demonstrated by the practice of organization construction inspection
agency system and the results of inspection activities in construction. However, there
have been still certain limitations existing in arranging the organizational structure,
functions, duties and powers in construction inspection activities, thereby affecting
the effectiveness of the organization and operation of construction inspection.
Second, in order to meet the requirements of current practice, it is necessary to
innovate construction inspection organization towards compliance with construction
management specialities in urban and rural areas; and to innovate construction
inspection with professionalism, transparency and efficiency.
1.3.2. Research questions
The thesis focuses on addressing the following research questions
How are the organization and operation of construction inspection conceived? How
are they composed? What are the objects of inspection? What is the content of
construction inspection? What forms and procedures are used in construction
inspection activities?
What is the role of construction inspection in the current situation of Vietnam? Are
there any factors affecting the organization and operation of construction inspection?

How are the organization and operation of construction inspection developed?
What are the results and limitation of the current organization and operation of
construction inspection? What are the reasons?What demands have led to innovating
the organization and operation of construction inspection? Innovating the
organization and operation of construction inspection have to comply with what
common viewpoints? What are feasible solutions for innovating the organization and
operation of construction inspection in Vietnam nowadays?

Chapter 2
THEORETICAL ISSUES OF OF ORGANIZATION AND OPERATION OF
THE CONSTRUCTION INSPECTION
2.1. The theoretical issues of construction inspection organization
2.1.1. Concept of construction inspection organization
Construction is a special technical and economic sector in a multisectoral and
multidisciplinary way. To meet the requirements of multi-disciplinary and multi-


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sector management, the state needs to establish a system of specialized inspection
agencies with specific organizational structures to each sector and implementing
specialized activities.
Thus, it is possible to understand " Organization of the construction inspection is
to establish and maintain units and positions in a construction inspection agency and
connect units and positions together to perform the function of specialized inspection
of construction ".
Construction inspection organization must meet the following requirements:
Firstly, identify target of construction inspection organization;
Secondly, have hierarchical and professional properties
Thirdly, construction inspection organization is flexible and adapt to the operating

environment.
Fourthly, construction inspection organization must ensure effective management.
2.1.2. Structure of construction inspection organization
Construction inspection organization is an institution of the state in the overall
state inspection apparatus. The unit are specified clearly on the tasks, powers,
responsibilities and closely linked according to certain targets. Construction
inspection organization is constituted by the following units:
Firstly, the unit performs administrative functions
Secondly, the unit performs functions on operations of specialized construction
inspection.
The structure includes the head of the organization with the title of the chief inspector,
support by deputy chief inspectors and inspectors. Construction inspectors are officers of
the construction inspection agencies at the central and local level, are appointed into the
scale of inspector to perform inspection tasks and other tasks as assigned by the head of
the construction inspection agencies at the central and local level.
2.1.3. Functions, tasks and powers of construction inspection
Construction inspection organization performs the function of specialized
construction inspection, to concretize specialized inspection function by the duties
and powers as follows:
The first group, including the duties and powers within the scope of professional
activities.
The second group, including the tasks and powers, in coordination with other
agencies, organizations and individuals involved in the performance of assigned
duties.
The third group, including the powers in advising the upper management
agencies.


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The fourth group, including powers in issuing, organizing preventive measures
and the administrative decisions.
2.2. Theoretical issues of operation of the construction inspection
2.2.1. Concept of construction inspection
It can be seen nature of construction inspection includes a series of works
including: inspection, review, assessment, conclusions and handling according to
procedures prescribed by laws for individuals and organizations in compliance with
the rules, regulations and technical expertise in construction law. Implementing series
of construction inspection activities aims to control compliance with construction law
policies of all objects in the society. In general, operation of the construction
inspection refers inspection, review, evaluation and handling of compliance with
construction law, management rules and technical regulations in the field of
construction according to the legal regulations and procedures stipulated by the
agency for specialized inspection of construction.
Construction inspection brings some following characteristics.
Firstly, construction inspection activities are tied to state management activities of
entities assigned for specialized construction inspection.
Secondly, construction inspection activities represent state powers in the
administration of the sectors, fields (administrative rights) to the inspection objects.
Thirdly, construction inspection activities are with multidisciplinary and
multidisciplinary nature.
With these characteristics on the subjects when conducting inspection activities
which must comply with basic principles including the principle in compliance with
the laws; Principles accurate, objective, honest, open and democratic, and timely.
Principles do not overlap in scope, objects, contents, inspection time between
agencies implementing inspection functions; Principles do not impede normal
activities of the inspection object.
2.2.2. Objects and contents of operation of the construction inspection
Firstly, in the terms of construction inspection object
The objects of the construction inspection are Vietnamese organizations,

individuals or foreign organizations, individuals engaged in construction activities in
Vietnam which are obliged to adhere to and abide by the laws on construction and
management of construction in Vietnam. It can be found that the object of
construction inspection has an extensive scope as follows:
The investor is an agency, organization, individual owning capital, borrowing
capital or assigned to manage, use capital directly to implement construction
investment including construction, repair and renovation of the work.
The contractor in the construction investment is an organization or individual
which is eligible for building activities, construction practice activities when joining


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contractual relations in the construction investment activities. Inspection of the
contractor is to inspect violations against the regulations of the contractor including:
construction conditions, construction practice capacity, contents of the bids, national
technical regulations, applied standards and etc.
Secondly, in the term of construction inspection contents
Construction inspection contents are specific activities of the inspection object.
The contents of construction inspection are under the specialized construction
management managed by the Government and assigned to the Ministry of
Construction and People’s Committees at the levels to manage in the areas as
assigned by the Government including:
The first group in inspecting the implementation of the laws on planning and
architecture;
The second group in inspecting the implementation of the laws on construction
investment;
The third group in inspecting the implementation of the laws on urban area
development;
The fourth group in inspecting the implementation of the laws on managing and

using technical infrastructure;
The fifth group in inspecting the implementation of the laws on development,
management and use of housing, business of real estate, management, use of offices
in the scope of state management functions of Ministry of Construction;
The sixth group in inspecting the implementation of the laws on mining minerals
as construction materials, production of construction materials, business of
construction materirals with conditions under the laws ;
The seventh group in inspecting the implementation of the laws on technical
regulations and standards under the specialized construction ;
The eighth group in inspecting working conditions of inspection objects in
implementing construction activities under the specialized construction ;
2.2.3. Types and procedures of construction inspection
Fistly, types of construction inspection
Types of construction inspection refer external signs of construction inspection
activities. There are many bases to classify types of inspection activities according to
the nature, the scale or scope of each inspection. The inspection teams or independent
inspectors, conduct inspections against inspection objects in the scope of entire
project or project inspection as planned, regular inspection or irregular inspection.
Secondly, in the terms of procedures of construction inspection: are steps or
stages which the subjects when implementing construction inspection activities shall


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comply with. To conduct a construction inspection, it is necessary to comply with the
order, procedures including three stages as follows: Prepare inspection, conduct
inspection and finish inspection.
2.3. Roles of organization and operation of construction inspection
2.3.1. Assurance, protection of human rights, citizenship rights
Through inspection, review, evaluation, conclusion and handling of inspection

object, actions affecting directly human rights, basic rights of citizens shall be
handled and prevented.
2.3.2. Contribution to strengthening legislation and ensuring enforcement ofthe
construction law
Inspection conclusions, solutions and recommendations, requirements of handling
decisions given by the construction inspection agency are not only towards handing
of direct events but also remedy of gaps , policies of construction law, prevention of
original causes causing violations in the projects and works.
2.3.3. Improvement of legal awareness of construction actors
Presence of construction inspection agency from pre-inspection to post-inspection in
construction activities affect positively awareness, responsibilities in compliance with
the construction law of the investors, contractors, designers, supervisors and etc.
2.3.4. Improvement of quality of works, assurance of realization of construction
planning
Through inspection and supervision of the construction inspection agency
conducted regularly, the quality of the work is increasingly improved, the work
ensures to be built on the progress, under the planning to minimize waste of costs,
corruption in the construction, contributing to making realization of the actual
planning.
2.3.5. Contribution to ensuring state management in construction
The construction inspection agency is responsible for advising Minister of
Construction to manage inspection under the powers of Minister, in addition, helping
the Minister to manage marco construction sector by the mechanism of policies,
synthesize the practice under the specialized affairs in charge; coordinate to guide
specialized affairs to the construction inspection agency at the lower level.
2.4. Factors affecting organization and operation of the construction inspection
2.4.1. Law on organization and operation of the construction inspection
The law on the organization and operation of construction inspection are a factor
directly affecting the efficiency of inspection activities. A system of uniform, full,
specific, strict and uniform policies and laws will be a direct mean so that the

competent entity carries out the functions and duties. Conversely, if the system of
laws and policies is not clear, lacks of consistency and rationality, it reduces the


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effect and efficiency of the state management of the sector, fields.
2.4.2. Integration and development of science and technology in construction
Integration of construction science and technology makes construction inspectors
master inspection new skills, knowledge, technical expertise, new technologies to
meet the requirements of specialized inspections.
The speed of urbanization development is quicker and quicker, leading to ability
to catch up with the progress of management which is not high, leading to the
weaknes in economic management in construction, requiring inspectors to master
professional affairs, political affairs, vocational morality to meet the requirements of
the integration process and to meet the requirements of public service expertise.
2.4.3. Quality of human resources involving in construction inspection
Capacity of construction inspectors are a determinant of organization development,
affects the results and efficiency of construction inspection activities in practice.
2.4.4. Coordination among organizations, agencies, individuals in construction
inspection
Construction inspection is to inspect specialized affairs, therefore, in the process
of implementing tasks, construction inspection agencies shall coordinate with many
different agencies such as local authorities, judicial agencies, social and political
organizations.
2.4.5. Other factors
Habits are not highly conscious of construction activities such as collecting
materials, hiring construction labor, customs and worship, spiritual ideas and etc. The
habits have affected significantly protection of order of construction of the
construction inspection agency.

Awareness, responsibility and participation of the people, the community, the
media agency and etc in coordinating with management authorities, the construction
inspection agencies are directly influencing the effectiveness of inspection activities.
Chapter 3
THE STATE OF ORGANIZATION AND OPERATION OF THE
CONSTRUCTION INSPECTION IN VIETNAM
3.1. The state of of construction inspection organization
3.1.1. Construction inspection organization before 2010
At this stage, construction inspection organization was established at two levels:
At the Central level, Inspectorate of the Ministry of Construction was established
under the Ministry of Construction to perform the tasks and powers of administrative
inspection and specialized inspection within jurisidiction of the Ministry of


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Construction. At the local level,Inspectorate of Provincial Department of
Construction was established under the Provincial Department of Construction to
perform the tasks and powers of administrative inspection and specialized inspection
within jurisdiction of the People's Committee at the provincial level.
Structure of the Inspectors of the Ministry and Department of Construction
includes: chief inspector, deputy chief inspector and inspectors.
For two cities with rapid urbanization rate such as Hanoi City and Ho Chi Minh
City, state management of construction must be closer and more aggressive. On June
18, 2007, Prime Minister issued Decision No 89/2007/QD-TTg on pilot esablishment
of Construction Inspectors at the district level and Construction Inspectors in the
communes, wards, towns in Hanoi City and Ho Chi Minh City.
3.1.2. Construction inspection organization from 2010 up to present
Currently, construction inspection system in the system of speicalized state
inspection agencies established at the ministerial level and the municipal level are

Inspectorate of the Ministry of Construction and Departments of Construction to
perform administrative functions, specialized inspection, settle complaints and
denunciations and anti-corruption. At each level of inspection, construction
inspection agencies are organized with various structures based on many factors
to be managed such as rate of infrastructure development, level of violations, the
nature of violations.
Hanoi City and Ho Chi Minh City have specific mechanism due to rapid
urbanization process, construction inspection teams are organized in the districts.The
team is a part in consultancy of specialized inspection at the grassroots level. Currently,
construction inspection team is under Inspectorate of Department of Construction but
not under the system of administrative agencies like the pilot model under Decision No
89/2007QD-TTg dated June 18, 2007 on pilot establishment of specialized construction
inspection in Hanoi City and Ho Chi Minh City.
3.1.3. Assessment of the state of construction inspection organization
Firstly, achievements and reasons
Firstl, meet the requirements of the agency, advise and assist the management
agency for the construction industry, have a significant contribution in the
development process of industrialization, modernization and ensure and protect
human rights.
Second, gradually consolidate specialized construction inspection agencies at the
central and local levels under the Law on Inspection in 2010 and the relevant legla
documents.


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Third, form regulations on organization and construction inspection activities.
Clearly divide responsibilities of each individual, the legal provisions on a group of
tasks with specialized nature, powers for advising and sanction.
Fourth, establish the advisory departments for each function and task, helping the

Inspectorate of the Ministry of Construction and Inspectorate of Department of
Construction in the implementation of specialized inspection activities.
Fifth, the staff of the construction inspection authorities have been strengthened
for the structure, improved the quality of politics, ethics, trained for professional
affiars and skills.
Sixth, develop a mechanism for coordination between the system of construction
inspection authorities with management agencies, judicial authorities, social
organizations and citizens.
The reasons of the mentioned above achievements are the followings :
First, coming from the practical construction investment activities taking place
more and more, complex violation of construction order requiring the state to
perform functions of specialized construction inspection.
Second, a change in the perception of social actors in a positive direction such as
change in thinking in recognizing the right of the roles and position of construction
inspection organization for the management of fields, sectors during the period of
socio-economic development.
Third, coming from construction investment activities which are complex
economic and technical affairs, requiring control from the state in a strict way for
capital and expertise. Therefore, it is necessary to form the management organization
in the speicalized way with strict structure and relatively independent nature.
Secondly, weaknesses and causes
First, a lack of scientific rationales as well as practical in renovating the current
construction inspection organization.
Second, as the construction inspection organization is hierarchical, the uniformity
and flexibility in specific inspection activities are poor.
Third, there is no agreement on divisions performing specialized functions of
Inspectorate of Department of Construction.
Fourth, the capacity to implement public tasks of inspector is limited.
Fifth, no balance between payroll and personnel in Inspectorate of Department of
Construction is obtained.

The causes for these weaknesses are as follows:
First, no new and correct awareness of position and role of construction inspection
activities are achieved.
Second, no agreement on the legal regulations strengthening the construction


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inspection organization is reached.
Third, no specific scientific arguments explaining that construction inspection
organizations are situated in urban districts, rural districts and communes in reality
nowadays is given.
Fourth, it is capacity, qualification of inspectors and participants in construction
inspection delegates, inadequacy in recruitment, management and employment of
inspectors nowadays.
3.2. Situation of the operation of the construction inspection
3.2.1. Construction inspection activities before 2010
Inspectorate of Department of Construction performed some construction
inspection activities for the period of 3 years from 2008-2010 with the following
results: In 2008, it made a decision on excluding from accounts an amount of
25,307.7 million VND, collected and paid to the State budget 18,288.5 million VND.
In 2009, it issued 654 decisions on administrative violation penalty, total penalty of
6,695,000,000 VND. 1,834,542,697 VND, which is higher than in 2008, was
collected and paid to the State budget. In 2010, Inspectorate of Department of
Construction settled economic violations with the penalty of 131,215,024,743 VND.
Administrative violation penalty was imposed on 13 units in the area of construction
with an amount of 1,225,000,000 VND.
Inspectorate of Department of Construction applied administrative violation penalty
in accordance with Decree No. 126/2004/ND-CP. In 2008, 12,000 cases are settled in
the field of urban order management. Inspection delegates propose the classification

of responsibilities as well as enhancement of responsibilities of construction activities
participants and managers.
Between 2008 and 2010, Inspectorate of Department of Construction focused on
some areas which were at risk of high violations such as construction activities,
construction investments, construction specifications, real estate, errors which were
mainly attributable to work, planning, design, bidding, acceptance, payment and etc.
Inspectorate of Department of Construction of provinces did not pay much attention
to the inspection activities as well as fully prepared reports on date. Inspectorate of
Department of Construction mainly focused on urban construction order and
discovered major violations such as unpermitted construction activities and violations
of separate works, and shoulder and pavement order violations, environmental
violations during the construction and etc. This indicated that construction inspection
activities regarding specialized fields are not in proportional to the position and role
of the construction inspection function.
3.2.2. Construction inspection activities from 2010 up to present
In 2011, Inspectorate of Department of Construction established 23 specialization
inspection delegates and 07 sudden inspection delegates. It was proposed to reduce


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the final settlement of 19,029,436,609 VND; 9,025,574,658 VND was collected to
custody account of Inspectorate of Department of Construction as stipulated by the
law; the Employer was required to recover the payment of 71,514,428,576 VND. 87
decisions on administrative violation penalty were issued with an amount of
7,060,000,000 VND. In 2012, 224.401.321.834 VND was required to excluded from
the accounts by 27 inspection delegates, 202,377,106.242 VND was reduced from the
State budget and 22,024,125,592 was paid to the custody account of Department of
Construction. 56 decisions were issued with the total penalty of 3,332,500,000 VND.
Violations were mainly focused on construction planning and construction projects.

In 2013, 65 inspection delegates were established, including 03 administrative
inspection delegates; 44 specialization inspection delegates and 20 inspection
delegates. 59 inspection conclusions were produced. Economic settlement were
proposed, amounting to 1,105 billion VND, including deduction, final settlement and
recovery to the enterprise funds, amounting to 337 billion VND, taxes, land rental
and wrong land rental unit price were paid to the State budget, amounting to 516
billion VND, deduction attributable to adjusted cost estimates; cost estimate
preparation which was non compliance with the regulations, amounting to 237 billion
VND. 15 decisions on administrative violation penalty were issued with an amount of
1.5 billion VND. In 2014, 70 inspection delegates were established, 05 delegates
higher than in 2013. In which, 4 administrative inspection delegates issued 03
conclusions and 64 specialization inspection delegates, which was 20 delegates as
much as that in 2013. In 2015, 79 inspection delegates issued 63 economic
conclusions with an amount of 6 billion VND. Therefore, in 2015, the quantity and
quality of inspection delegates and conclusions were better and more effective.
3.2.3. Assessment of the current situation of the operation of the construction
inspection
Firstly, achievements and reasons
First, construction inspectors in recent years have made a considerable amount of
work contributing to the reduction of corruption in the construction field, ensuring
economic growth and enhancing living standards, the spirit of the whole society.
Second, the activities of Inspectorate of Ministry and Department of Construction
are anonymous and more professional.
Third, construction inspection activities were promoted and innovated in the
direction of focus on each field, content and subject in association with many field.
Fourth, the quantity and quality of specialization inspections become greater, contents
of inspection were specific, legal consequences were clearly resolved.
The results achieved in the construction inspection activities were attributable to
some basic causes:

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First, attention, leadership and close direction of the Party, State agencies,
particularly the Government and heads of State management agencies of the same
level (Minister of Construction, Director of Department of Construction ) during the
inspection.
Second, the socio-economic development, developed construction science and
technology in which their outcomes need innovating such as construction planning,
building permits, construction safety.
Third, the perfection of inspection law in general and construction inspection law
in particular in both form and content.
Fourth, it is based on the development of political and economic integration,
socio-cultural and international integration in the field of state management.
Secondly, weaknesses and causes
First, the number of specialization inspections was large, but the inspection
results were not of quality.
Second, it did not conduct a comprehensive inspection of the inspected object
and inspected areas, which was mainly directed to a number of subjects such as
investing units, bidding units, construction units.
Third, the inspection procedures were cumbersome, not suitable to the
requirements of quickness and timeliness of construction inspection.
Fourth, a number of inspection conclusions did not clarify the cause, not
accurately assess the nature of violations, the proposals on consideration and
handling of the responsibilities of organizations and individuals involved in some
situations were unclear and specific.
Fifth, the remedies following administrative sanction of construction
inspection agencies were very limited, not strongly handling violations, and the
collusion between inspectors and inspected objects were existing.
Sixth, the initiative and creativity in construction inspection activities were limited

such as not actively choosing the field to be inspected, only inspect the areas which
were frequently violated.
Seventh, the system of legal provisions on content of construction inspection
activities is not consistent, many regulations were overlapped, duplication was
sometimes incompatible with the practice, leading to difficulties in the application of
the law, and sanctions were not deterrent enough.
Eighth, coordination and direction mechanisms in the construction inspection
were inconsistent and weak.
Ninth, the awareness and sense of law observance of legal entities were limited.
The above limitations were attributable to the following causes:


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First, a new and correct awareness of position and role of inspection activities in
general and construction inspection activities in particular is an institutional
protection of human rights, fundamental rights of citizens, construction legislation
order which has not been popular.
Second, there is no consensus on legal institutions related to the construction
inspection contents, the regulations lack transparency and specific properties.
Third, the law on construction inspection activities was overlapped with some
activities of specialization inspection bodies such as labor inspection activities,
inspection of environmental resources, the activities of specialized agencies of
the Department of Construction encroaching or ignoring inspection contents.
Fourth, the process of integration and development of technologies is more
and more modern, media, technology, specialized equipment serving the
construction inspection activities failed to satisfy construction inspection tasks in
the current period.
Fifth, the annual report on the quantity and quality of construction inspections was
not provided fully by inspection agencies at all levels.

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Chapter 4
VIEWPOINTS AND SOLUTIONS FOR RENOVATION OF
ORGANIZATION AND OPERATION OF THE CONSTRUCTION
INSPECTION IN VIETNAM AT PRESENT
4.1. The need for renovation of organization and operation of the construction
inspection
4.1.1. The need to build a socialist rule of law
The renewal of the organization and construction inspection activities must ensure
the prevalence of law, human rights appreciation, international integration and the
establishment of legal order, while ensuring socialism legislation.
4.1.2. The need emand for a market economy, development of construction science
and technology, and international integration
Today market economy and international economic integration has put forward
the social development, especially the evolution and integration of science and
technology for construction. Integration calls for building inspection human resources
to meet the specialized requirements of modern construction techniques, to master
knowledge, experience and political bravery in the organization and implementation
of construction inspection.
4.1.3. The need to ensure the law order in construction activities
Construction inspection is in purpose of detecting and handling legal violations
of the construction subjects in terms of construction order, planning, norms and
construction techniques, etc., thus making the legal relations become stable and
ensuring the quality of inspected works and benefit of the people.
4.2. Viewpoints of renovation of organization and operation of the construction
inspection
4.2.1. Renovation of organization and operation of the construction inspection l

based on the Communist Party's guidelines and the current situation.
The major contents of our country development orientation for the coming period
are specified in several documents of the Party and State, which provide continuously
a lot of renewals in terms of building Rule of Law, promotion of administrative
reform, implementation of democracy in all areas, preservation of discipline, order
and law, effective execution of anti-corruption legislation.
4.2.2. Renovation of organization and operation of the construction inspection
integrated with improving the effectiveness and efficiency of State management
activities in construction
Inspection is defined as an essential function of management. For specialized
construction inspection including examining, detecting and tackling promptly the
violations against specialty laws.


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4.2.3. Renovation of organization and operation of the construction inspection
based on assessment of the situation and application of foreign experience
Results debrief and assessment of organizational limitations and building inspection
activities over time are among important practical bases for forming the rationale of
renovation. All assessments shall be made from objective standpoints, associated with
specific contexts, and put against a dialectical relationship with institutional organization
and operation of the state apparatus, the mechanism of socio-economic management,
etc. Accordingly, a generalized theory can be derived as a basis for innovation of
organization and building inspection activities towards a scientific compact approach
consistent with the requirements and tasks in the current period.
4.3. Solutions to renovate organization and operation of the construction
inspection
4.3.1. Solutions to renovate organization of the construction inspection
Firstly, innovate the position and role of construction inspection organization

in the current context.
First and foremost, it is essential to be fully aware of the purpose of
construction inspection, which is not only to detect and treat violations, but also to
promote positive factors in construction legal relations, to help inspected agencies,
organizations and individuals comply with the policy guidelines of the Party and
State. As well, inspection activities also contribute actively in the improvement of
mechanisms, policies, laws and institutions that guarantee human rights and basic
citizenship. The above theoretical awareness lays the base for determining a practical
inspection organizational model meeting the requirements of sector management,
against a new integrated management mechanism today.
Secondly, build a construction inspection organizational model in accordance
with the municipal and rural government organizational model.
A Construction Inspectorate is to be established at urban government level,
including cities under central, districts, towns, provincial cities, cities under the
central city (municipality level).
At the provincial level: Construction Department Inspectorates are established
under the Department of Construction and comprise Operational Inspection Divisions
which take duties to consider, test, monitor, assess and deal with participants in
construction activities in the locality under decentralization of such provincial
authority.
For the district level, Urban Inspectorates are established to monitor, review,
check and deal with the subjects of construction law observance in the area under
decentralized management of authorities of district and town levels.


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A Construction Inspectorate isto be established at the rural government level.
For rural authorities, construction inspectorates are organized merely in an on-line
model. Construction Inspectorates of Department level are established (Construction

Department Inspectorates). In the department level, operational divisions and
Inspection teams are conducting inspection activities within the locality and
functioning to monitor, review, evaluate, check, inspect and deal with subjects of
construction legal observance in the area according to the decentralization of local
state agencies such as the right to approve the investment and construction budget,
etc., of each level. The Inspectorates have different scope of action in different
districts and communes.
Thirdly, complete legal regulations on construction inspection organizations.
Reviewing, summarizing, assessing and systemizing legal documents on
construction inspection organization shall be continued as the basis for the
completion of new legal regulations. During the process of formation and
development of the laws on construction inspection, competent state agencies have
issued a significant number of valid legal documents. Systems and specialized legal
documents construction. However, the content of those documents is unavoidably
overlapping and contradictory, hence the need to conduct a review to make timely
amendments and supplements, ensuring the uniformity in execution of construction
inspection laws.
Fourthly, improve the quality of construction inspectors.
Knowledge and skills of the construction inspectors should be sharpened to
carry out effectively the political tasks of the sector. Completion, implementation and
overhaul of Code of Conduct observance of inspection civil servants shall be made,
in tandem with strengthening inspection and monitoring the constructions inspectors’
performance. To accelerate research and application of research results in
construction and completion of institution, policies and training construction
inspectors shall be taken into account.
4.3.2. Solutions to renovate operation of the construction inspection
First, complete the legal provisions on construction inspection activities. This
involves review, modification and supplementation of legal provisions on
construction. The legislation on procedures, operations and formalities of
construction inspection shall be completed towards normalization.

Second, publicize and make transparent construction inspection activities. Currently,
there are legal provisions as well as mechanisms to promote openness and transparency in
construction inspection, such as: Disclosing inspection decisions, inspection conclusions,
decision on inspective treatment of construction inspection authorities, and the execution of
the inspection decision makers and inspected parties' rights.


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Third, strengthen the coordinative relationship among construction inspection
agencies in their performance. Tighten the relationship among levels of construction
inspection. Strengthen the relationship between the construction inspection agencies
with the managerial authorities, the judiciary and socio-political organizations.
Fourth, ensure the facilities, application of science and technology in
construction inspection activities. Stemming from the scope of construction
inspection activities, diversify the inspection content with multiple disciplines,
multiple sectors, and fields of intensive expertise, technical sophistication and
volatile to the modern development.
4.3.3. Other solutions
Firstly, to promote the dissemination and popularization of construction legal
education among stakeholders. Propaganda and popularization of construction legal
education among construction law subjects are awareness-raising activities for
agencies, organizations and individuals to ensure the law to be enforced on an
ongoing basis.
Second, strengthen the inspection and supervision by the other agencies,
organizations and individuals. This includes inspection and supervision by the Party
Committees; supervision by the People's Councils at all levels; monitoring activities
by the unions, the press bodies and the People.

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CONCLUSION
Execution of the 2013 Constitution has putrequirements for the Inspectorate who
needs to implement more effectively the functions and duties of inspection to control
the state power, protect human rights and citizenship. The development of a socialist
rule of law and perfection of a market economy and international integration also
require the Inspectorate to renovate their organization, improve their effectiveness
and efficiency in order keep up and conform to the requirements of development and
international integration. For such objectives it requires to further build scientific and
practical rationales while using the achievements and knowledge of the development
of the country, inheriting and refining positive factors and experience accumulated
from the previous periods. On the basis of applying different methods and sticking to
research purposes, the thesis has accomplished a number of basic research tasks:
1. The thesis conducted the literature review of domestic and international
research works related to the theme, specifically: Literature related to organization
and operation of the inspection and specialized inspection; the research works related
to organization and operation of the construction inspection, improvement of
efficiency and effectiness of state management in the field of construction. Thereby it
identifies the research results which could be referred in the thesis and the issues not
mentioned or calling for further study.
2. The thesis clarifies the theoretical issues of organization and operation of the
construction inspection, in particular, clarifies the concept of construction inspector
organization, structure as well as functions and tasks of the construction
inspectorates; clarifies the concept of construction inspection in the light of
specialized inspection and some issuesof construction inspection such as objects,
activities, types and procedure for construction inspection. It also clarifies the role of
construction inspection in strengthening the management of the construction industry;
construction inspection secures and protectshuman rights and citizenships right,
ensuring the socialist legislation, establishing construction laws orders. At the same

time, the thesis points out the factors that impact organization and implementation of
the construction inspection.
3. The thesis provides an in-depth factual assessment of the state of the
organization and implementation of the construction inspection before 2010 and after
2010, stating the achievements as well as weaknesses and their reasons.
4. The thesis points out the needs and viewpoints of renovation of organization
and operation of the construction inspection activities in the current period.
The thesis offers 3 groups of specific solutions to renovate organization and
operation of the construction inspection in Vietnam, involving solutions for renovation