📋 Tender Overview
The Draft Construction Law (amended) has contributed to removing shortcomings in the application and management of construction regulations. Delegate Pham Van Hoa (Dong Thap) Discussing in the group on November 6, National Assembly delegates said that the draft Law on Construction (amended) contributes to removing shortcomings in the application and management of construction regulations. According to delegates, construction activities have a great impact and influence on the environment. Therefore, it is necessary to consider consulting on design and construction of environmentally friendly materials when applying to current projects, even if the cost may be more expensive. However, current regulations only stop at the level of encouragement, without specific regulations. Regarding the management of construction design and implementation after the investment project is approved, delegate Pham Van Hoa (Dong Thap) said that the abolition of design after basic design in the direction of only one-time control demonstrates the policy of post-inspection and decentralization to save costs. However, this issue also poses potential risks to the quality and safety of the project when appraisal and inspection are not specifically organized. In addition, delegate Pham Van Hoa pointed out that recently, in large urban areas, there has been a situation of illegal construction, construction on agricultural land, and construction not according to planning. Therefore, it is also necessary to determine which projects are exempt from construction permits, especially civil works, and the construction management agency must also post-check. If its wrong, it needs to be strictly handled, not to let the situation make a record and let it exist. In such cases, people are not afraid, they have money, are willing to build without a license, and then the authorities discover, fine and then let it exist, so whether there is a fine or not, the delegate of Dong Thap province suggested that it is necessary to pay attention. Proposal to expand the exemption from granting construction permits to urban areas Discussion in the group on the draft Law on Construction (amended), delegates Ho Chi Minh City National Assembly. Hanoi believes that the exemption from construction permits is a step forward, but the regulation on notification of construction start time still has many shortcomings; At the same time, care needs to be taken to balance management and development in areas with heritage populations. National Assembly delegate Do Duc Hong Ha (Hanoi delegation) Delegate Do Duc Hong Ha (Hanoi) said that the regulation on exemption of construction permits in many cases is a step forward. However, the regulations on notification procedures in Clause 3, Article 43 lose the meaning of exemption from construction permits. RELATED NEWS Specifically, Clause 3, Article 43 stipulates: Works that are exempt from permits (except in some cases) must send a notice of the start of construction, accompanied by documents corresponding to the application for construction permits, to the State management agency on construction for management. In my opinion, this regulation is only a reform. In terms of form, there has been no reform in content. In essence, it is still a sub-licence, even though it is called permit exemption, the investor still has to prepare an almost complete set of documents as when applying for a permit, analyzed delegate Ha. Also wondering about construction permits, delegate Nguyen Phi Thuong said that Clause 2, Article 43 of the draft Law specifically stipulates cases of exemption from construction permits. In fact, a construction permit is just a legal document that helps investors have a basis to work with the construction order management agency and issue a certificate of project ownership. The legal regulations as a basis for granting construction permits still have many inadequate and inconsistent contents, leading to delays in construction permit procedures. According to delegate Nguyen Phi Thuong, this amendment has not really solved the problem of shortening project implementation time. At the same time, it can lead to difficulties for investors in the process of controlling construction order and granting construction ownership certificates. Therefore, delegates proposed to further research the direction of connection from the investment policy approval step. This means that when the investor is assigned to carry out a project by the Peoples Committee of the province or city, he or she is eligible to start construction. Construction start procedures are only for notification purposes. Nhat Nam
