Construction works exempted from construction permits with incorrect designs: clarifying commune-level responsibilities

Delegate Nguyen Thi Yen (HCMC) proposed that for construction projects exempted from construction permits, if construction is not in accordance with design or regulations, the management responsibility of the commune level must be clarified.

Delegate Nguyen Quang Huan (HCMC). Photo: QUANG PHUC

Continuing the 10th session, on the morning of November 6, the National Assembly discussed in groups the draft Law on Construction (amended); Law on amending and supplementing a number of articles of the Law on Geology and Minerals; Law on amending and supplementing a number of articles of laws in the fields of agriculture and environment.

Decentralization and delegation of power are associated with responsibilities and sanctions.

At the Ho Chi Minh City Delegation, participating in the discussion on the Law on Construction (amended), Delegate Nguyen Thi Yen expressed her strong agreement with the need to amend the Law on Construction this time, in order to remove the difficulties, obstacles and shortcomings that still exist, especially due to cumbersome administrative procedures. Agreeing with the thinking of making new laws in the direction of building a framework law, the Delegate suggested reducing detailed clauses and articles, and transferring those detailed contents to the Government to issue a decree.

Delegate Nguyen Thi Yen (HCMC). Photo: QUANG PHUC

Agreeing with the policy of decentralization, delegate Nguyen Thi Yen emphasized that when decentralization is done, responsibilities must be clear and specific. The commune level is the level that implements construction projects, so even though the authority is delegated to the provincial level, it is necessary to clarify the authority to grant construction permits for the projects.

Also on this principle, the delegate suggested that for constructions exempted from construction permits of the people, if there is a construction that is not in accordance with the design or regulations (for example, building 4 floors instead of 3 floors), the management responsibility of the commune level must be clarified. In particular, according to her, there should be strong sanctions for units that do not ensure the quality of the construction. Specifically, the design consultant must be held responsible or compensated if the design is not guaranteed. The construction contractor must be responsible if the quality is not guaranteed. The investor must be responsible if the problem occurs due to failure to manage. The supervisor must be responsible if the project is not supervised.

From the reality of difficulties in Ho Chi Minh City as well as many other localities, Deputy Nguyen Thi Le commented that the provisions of the Construction Law, Investment Law, Planning Law, Land Law, etc. still have different understandings and applications. The Deputy proposed to build the law in the direction of a framework law, only regulating technical issues, the procedures on investment, land, and planning must comply with specialized laws.

In particular, the delegate suggested that it is necessary to clarify the mechanism for determining investors in social housing projects and renovations of old apartments. “The mandatory insurance premium according to the draft is currently quite high, and many small contractors find it difficult to meet it. Therefore, I recommend adding a mechanism for sharing responsibility between investors and insurance contractors, and at the same time having a policy to support insurance premiums for small projects and auxiliary projects facing difficulties,” the delegate emphasized.

Citing the fact that fluctuations in raw material prices due to epidemics and natural disasters have caused many projects to stagnate, the delegate proposed clearly defining the mechanism for adjusting contracts when there are force majeure events, limiting the situation of prolonged disputes, and at the same time encouraging the use of domestic arbitration to resolve disputes on public projects, avoiding risks when depending on international arbitration.

The law "has not yet changed in a constructive spirit"

Frankly stating that the draft law still has many "insufficient and redundant" contents, Deputy Nguyen Quang Huan commented that the current way of writing the law is still "long-winded, repetitive and has not really changed in the spirit of creation". The Deputy cited that the regulation of the investor's responsibility in Article 9 risks conflicting with or repeating provisions already stipulated in the Investment Law, Public Investment Law, or PPP Investment Law.

Similar to the definition of "construction works". The list of prohibited acts is very long and does not cover all violations. "Instead, just write a simple prohibition, for example: it is forbidden to build works that are not in the planning", suggested Deputy Nguyen Quang Huan.

According to Deputy Nguyen Quang Huan, despite the lengthy and detailed provisions, the draft law omits core and important contents, especially those related to the environment and socio- economics . For example, the content of the feasibility report (Article 24) is long, but "there is not a single line mentioning the assessment of socio-economics and environment".

The draft law only provides for environmental protection in construction in Article 51, but according to the delegate, environmental assessment at the construction stage is too late. “Environmental options must be included right from the beginning, when preparing investment reports and feasibility plans,” said delegate Nguyen Quang Huan.

Deputy Thich Bao Nghiem (Hanoi). Photo: DO TRUNG

Emphasizing the orientation of sustainable development, Deputy Thich Bao Nghiem (Hanoi) also suggested that the draft law should include environmental protection, resource protection and green development as a consistent principle in construction activities, which will contribute to Vietnam's commitment to reducing greenhouse gas emissions and protecting the earth. At the same time, it is necessary to encourage environmentally friendly materials and limit excessive exploitation of natural resources, in line with the spirit of living with nature.

Deputy Thich Bao Nghiem suggested that the draft law should have stricter regulations on "anti-waste investment" to avoid widespread construction, abandoned construction projects, and loss of state budget.

“It is recommended that planning and construction should harmonize urban development and cultural development to create a healthy and balanced living space; especially, it is necessary to protect the landscape of historical and religious relics, ensuring that cultural and religious spaces are not encroached upon by modern construction works,” Deputy Thich Bao Nghiem suggested, adding that in construction, responsibility and ethics should also be promoted. Therefore, the draft law should be built on the spirit of balancing socio-economic, environmental and cultural benefits; supplementing regulations on professional ethical responsibilities of engineers, architects and contractors, and respecting reputation and professional conscience.

Delegate Thich Bao Nghiem shared that in recent days, public opinion has been very concerned about the incident of Lo River Bridge (Doan Hung Commune, Phu Tho), where the T3 pillar has seriously degraded after more than 10 years of use.

According to the delegate, this is a large project, which has raised big questions about the quality of construction, supervision and acceptance. The current consequences are causing traffic insecurity, affecting the lives of people on both sides of the river, and putting pressure on state agencies.

“This incident shows the need to improve the quality of legal standards and responsibilities in construction supervision. The current law may not have enough criminal sanctions for poor quality constructions, or the roles of related parties are unclear. Therefore, amending and perfecting this law is urgent,” the delegate said.

MR. PHUONG - DO TRUNG - PHAN THAO

Source: https://www.sggp.org.vn/lam-ro-trach-nhiem-cap-xa-voi-cong-trinh-sai-thiet-ke-post821980.html