Tổ chức và hoạt động thanh tra xây dựng ở việt nam hiện nay

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: ASS PROF PHD LUONG THANH CUONG 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 INTRODUCTION 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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- 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 11 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 12 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 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 13 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 14 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 15 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 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 16 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, 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 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: 17 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: 18 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 19 Chapter 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 20 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 21 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 22 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 23 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: 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 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 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 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 groups of specific solutions to renovate organization and operation of the construction inspection in Vietnam, involving solutions for renovation 24 of the construction inspection organization; solutions for renovation of operation of the construction inspection and other solutions Each group of solutions bases on scientific and practical rationales and is feasible in accordance with the direction of the Party and the State on inspection work in general and specialized inspection in particular, and matching integration of our country in the current period 25 LIST OF SCIENTIFIC WORKS OF THE AUTHOR PUBLISHED RELATING TO THE THESIS Pham Thi Anh Dao (2015), "Public transparency in public investment - solutions to prevent corruption," State Management Journal, (228), pg 32-34 Pham Thi Anh Dao (2015), "Factors affecting construction inspection activities in Vietnam today", Journal of Inspection, (01), pg 32-35 Pham Thi Anh Dao (2015), "Construction inspection contributing to ensuring and protecting human rights in Vietnam", Journal of Inspection, (08), pg 59-60 ... 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... 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. .. operation of the construction inspection in Vietnam" is selected for study at the doctoral level, in the specialization of Constitutional Law and Administrative Law Purposes of research and research