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The review report of the 6 years, the implementation of Inspection Law 2010 of the construction industry confirmed that the Inspection Law 2010 has created a favorable legal corridor for inspection activities, a certain initiative, has raised the responsibility for the inspection and has specified more appropriate procedures, especially for specialized major inspection.
During last 6 years (from 1/7/2011 to 30/6/2017), the construction industry has deployed 2,611 inspections and checks. It is discovered violations and proposed handling economic amount $740 million.
The Inspector of the Ministry has carried out 416 inspections including 376 major inspections and administrative inspections in accordance with the approved plans and 40 administrative inspections, major inspections, settlement of complaints and unexpected denunciations.
Issued over 398 inspection conclusions (90 conclusions issued in the first half of 2017), proposed handling $479,043,478. In addition to the proposed economic, there are many propositions relevant organizations and individuals to review, learn from mistakes in performance.
Through inspections, many violations have been detected, evaluation of synthetic causes has been made, and recommendations are proposed to change and supplement the shortcomings in policies, investment mechanisms, norms and standards being no longer fit the reality.
Public inspection conclusions are strictly implemented by the Ministry of Construction in accordance with Article 39 of Inspection Law 2010 and Article 46 of Decree No. 86/2011 / ND-CP dated 22/9/2011.
The supervision and inspection of the implementation conclusions and the decision on the handling of the inspection initially have created positive effects. In which, Ii is issued more than 300 documents to urge inspectors to implement the conclusions, directly examine the implementation of conclusions in 45 units, and urge the payment of $2,457/ $2,887 to the impress account about 82%.
In addition to oversight, inspection and handling more than 400 conclusions were issued by the inspectors of the Ministry, and implementation of conclusions was reported by local Ministries of Construction. The Inspector of the Ministry of Construction assessed that the implementation of the law, the accuracy, and legality of the inspection conclusions have basically been ensured lawful and enforceable, and no complaints have arisen leading to form a group of re-inspection.
Deputy Minister of the MOC, Le Quang Hung noted the achievements of the Ministry Inspectors in recent years but also noted some issues such as in the coming time, the Ministry Inspectors should do better in delivering shortcomings in the legal system as well as in standards in unit price norms.
Apart from detecting violations and proposing financial and administrative treatment, the Inspectors should also make further recommendations on the revision of the legal system, norms, and standard system.
In addition, it is necessary to expand the forms of handling administrative violations. At present, we are basically handling finance while other issues are more detrimental such as revocation of licenses, banning of activities of construction in a certain time, or the limited or less applicable disclosure of information, etc.
Mr. Nguyen Ngoc Tuan, Chief Inspector of the Ministry of Construction said that, besides the advantages, the Inspection Law 2010 also has certain shortcomings. For example, there is lack of sanctions for violations of the law on inspection which have not been regulated specifically. The awareness and sense of a part of the organizations or individuals are limited leading to the situation of opposition, obstruction or deliberate failure to carry out requirements, recommendations, the conclusions of inspection that have a huge effectiveness of the inspection.
Appreciate the results of the implementation of the Inspection Law 2010, Deputy Chief Inspector of the Government, Nguyen Duc Hanh said that the achieving results in 6 years of implementation show the Inspection Law in 2010 has created a legal corridor. It is very important for inspection activities. Through inspection activities, the inspection industry has made great efforts to bring the law into the social life step by step.
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