Ensuring professionalism and efficiency in implementing construction investment projects

This morning, November 14, continuing the Tenth Session, under the direction of Vice Chairman of the National Assembly Le Minh Hoan, the National Assembly discussed in the hall the draft Law on Construction (amended).

Vice Chairman of the National Assembly Le Minh Hoan chaired the meeting. Photo: Quang Khanh

Clear scope, criteria, and conditions of application

Discussing at the meeting hall, the National Assembly deputies agreed that the goal of amending the Construction Law this time is to simplify regulations, reduce compliance costs, improve accountability, and increase transparency.

Regarding the investor in Article 9 of the draft Law, Clause 1 stipulates that for public investment projects, the investor is the Construction Investment Project Management Board under the investment decision maker or the agency or organization assigned by the investment decision maker to organize the management of the construction investment project.

Vice Chairman of the National Assembly Le Minh Hoan chaired the meeting. Photo: Quang Khanh

According to National Assembly Deputy Duong Van Phuoc ( Da Nang ), such regulations have basically clarified the investor model for public investment projects. However, the content of "agencies and organizations assigned by the investment decision maker to organize the management of construction investment projects" is still general and unclear in scope, criteria, and conditions of application. This may lead to inconsistent assignment of investors among ministries, branches, and localities; at the same time, potentially affecting the performance of professional tasks of assigned agencies and organizations.

National Assembly Delegate Duong Van Phuoc (Da Nang) speaks. Photo: Quang Khanh

To ensure professionalism and efficiency in the implementation of construction investment projects, without affecting the professional activities of agencies and organizations, delegate Duong Van Phuoc proposed to supplement the regulation assigning the Government to specify in detail the criteria, conditions and cases where the investment decision maker is assigned to an agency or organization other than the Construction Investment Project Management Board as the investor of the construction investment project.

Clause 1, Article 17 of the draft Law currently stipulates 5 types of investment projects, including PPP projects. However, delegate Duong Van Phuoc pointed out that, according to the provisions of the law on investment, PPP projects are an investment method, not an investment form. Therefore, the delegate proposed to study the unification of this term in the provisions of the law.

Also interested in Article 17, National Assembly Deputy Tran Van Tien (Phu Tho) pointed out that Point c, Clause 1, Article 17 mentions "construction investment projects within the scope of regulation of the Investment Law, hereinafter referred to as business investment projects". Meanwhile, Point d, Clause 1, Article 17 stipulates "projects using regular expenditures from the state budget and other state budget capital not within the scope of regulation of the Public Investment Law shall be implemented in accordance with the provisions for public investment projects in this Law".

National Assembly Deputy Tran Van Tien (Phu Tho) speaks. Photo: Quang Khanh

Delegate Tran Van Tien proposed clarifying the difference between business investment projects under the Investment Law and business investment projects under the Construction Law.

Supplementing regulations on surveying materials used for projects

Regarding requirements for construction design, Clause 1, Article 20 stipulates that “Construction design must ensure compliance with the design task and meet the requirements on content and level of detail for each type of design”. However, Clause 2, Article 19 stipulates the design steps including: preliminary design, basic design, overall technical design, technical design and construction drawing design.

“So, according to the provisions of Clause 1, Article 20, at which step is the design task established, or does each step of design establishment require the appraisal and approval of the design task? This will affect the construction progress and increase administrative procedures related to design. Therefore, it is recommended to study the regulations on establishing design tasks to ensure compliance with each design step,” delegate Tran Van Tien stated his opinion.

Delegates attending the meeting. Photo: Quang Khanh

Regarding construction survey, Article 21 of the draft Law stipulates that construction survey includes 5 types of surveys such as: topographic survey, engineering geological survey, hydrogeology, hydrological survey... Delegate Duong Van Phuoc proposed to add a provision on surveying materials used for the project. Adding this provision is very necessary because in current practice, the source of earth, sand, and stone materials is very scarce and because it has not been surveyed, it is often not possible to ensure the source of materials for the project, slowing down the progress and increasing the total investment compared to the original.

National Assembly Deputy Ha Sy Dong (Quang Tri) speaks. Photo: Quang Khanh

Concerned about the division of authority and the reduction of overlap in the appraisal of fire prevention, firefighting and environmental designs, National Assembly Deputy Ha Sy Dong (Quang Tri) observed that the draft Law has been adjusted but still has some limitations that have not completely resolved the situation of repeating appraisal content in many different agencies. Article 27 also does not have clear quantitative criteria for works affecting the safety and interests of the community; and the ultimate responsibility of the investor has not been clearly defined.

Delegate Ha Sy Dong suggested that there should be a principle of "one content - one responsible agency", ensuring consistency and avoiding duplication.

Delegates attending the meeting. Photo: Quang Khanh

At the same time, it is necessary to clearly stipulate in Article 23 cases where projects do not need to be established; eliminate the requirement to supplement repeated documents; and add strong sanctions against acts of lax supervision of construction order by local authorities, especially at the commune and ward levels.

Source: https://daibieunhandan.vn/bao-dam-chuyen-nghiep-hieu-qua-trong-thuc-hien-du-an-dau-tu-xay-dung-10395632.html