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….


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,

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

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

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

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,

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

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.

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

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

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:


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.

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

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.

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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