National Assembly deputies point out shortcomings in the case of building the wrong house on someone else's land in Hai Phong

(Dan Tri) - Citing the case of a house being built on someone else's land in Hai Phong, the National Assembly member said that if there had been a pre-inspection, this would not have happened. Although he supported post-inspection, he noted that there must still be responsibility for inspection during the construction process.

The revised Construction Law Project was discussed by the National Assembly during a working session in the hall on the morning of November 14.

Supplementing mechanisms to handle construction violations

Commenting on the exemption of construction permits for some projects, delegate Nguyen Thi Viet Nga ( Hai Phong City) said that compared to the current law, the draft amended law stipulates the exemption of construction permits for some types of projects in the direction of reducing "pre-inspection" and increasing "post-inspection".

“This content is consistent with the reform goal, cutting administrative procedures, reducing time and costs of performing administrative procedures for people and businesses,” Ms. Nga noted.

National Assembly Delegate Nguyen Thi Viet Nga (Photo: Hong Phong).

However, the female delegate pointed out that in reality, illegal construction, encroachment on sidewalks and public land, construction beyond floors, and changes in function… are happening in many places. Many projects are not detected early, and are only discovered and handled when the project is almost finished or completed.

Meanwhile, the current team of construction specialists at the commune level is very thin, most of them holding part-time positions, not having enough staff to monitor and promptly detect violations; in some localities, there is still a lack of staff with in-depth construction expertise.

That leads to difficulties in implementing inspection and supervision of construction works in practice.

“Therefore, in parallel with cutting down on pre-inspection and exempting construction permits for some construction projects, it is necessary to supplement mechanisms to strengthen post-inspection to promptly detect and handle construction violations,” Ms. Nga suggested.

According to the delegate, it is necessary to clearly define the responsibilities of the People's Committee at the commune level in inspecting, detecting and handling violations of construction regulations right from the beginning; and to supplement sanctions to handle the responsibility of the head if he/she fails to promptly detect or handle violations in construction works.

Along with that, she recommended studying the arrangement of forces to support construction management at the grassroots level... so that the "post-inspection" stage is truly timely and effective, avoiding the situation of opening a "post-inspection" mechanism but not having enough human resources to implement it.

National Assembly Delegate Pham Van Hoa (Photo: Hong Phong).

Delegate Pham Van Hoa ( Dong Thap ) also reflected on the reality of inadequacies in granting construction permits and switching from pre-inspection to post-inspection, leading to prosecutions in some localities. Therefore, according to Mr. Hoa, the responsibility of government agencies is very important in post-inspection.

"We must avoid the situation where the project is completed and then inspected, and then disputes arise, which will cost people money," Mr. Hoa noted.

For violations to occur, the project management board must have its management rights revoked.

Citing the case of building the wrong house on someone else's land in Hai Phong, delegate Pham Van Hoa said that if there had been a pre-inspection step, with land officials coming down to designate the location for the homeowner to build on, there would not have been a case of building the wrong house.

Although supporting the shift from pre-inspection to post-inspection, Mr. Hoa noted that local authorities still have the responsibility to inspect during the construction process.

Or the licensing of construction, for example, for a 10-story apartment building, but without inspection, the project is allowed to illegally build more floors. Only then will a record be made to handle the situation, which will affect people's livelihoods as well as state resources.

Emphasizing support for post-inspection, Mr. Hoa said that it is necessary to post-inspecte each part and each project during the construction process. In addition, the management unit and the State management agency on construction must regularly check the post-inspection issue so that individuals and organizations do not build against regulations, minimizing damage.

Giving comments on the direction of amending the Construction Law, delegate Ha Sy Dong (Quang Tri) emphasized the regulation that Investors must take ultimate responsibility for the quality of survey, design, appraisal and safety of the project.

National Assembly Delegate Ha Sy Dong (Photo: Hong Phong).

Project management must have a certificate of competence, adequate staff and have management rights revoked if violations occur.

Also according to delegate Dong, personal responsibility must be clear in the direction that whoever signs the survey will be responsible for the data, whoever designs will be responsible for the plan, whoever reviews will be responsible for the content, and whoever approves will be ultimately responsible.

He added that records need to be stored for at least 15-20 years or stored electronically for easy checking and retrieval.

In this law amendment, delegates also suggested that it is necessary to minimize unnecessary procedures, consolidate duplicate procedures; shorten processing time, reduce compliance costs, increase transparency and enhance accountability.

Source: https://dantri.com.vn/thoi-su/dbqh-chi-ra-bat-cap-tu-vu-xay-nham-nha-tren-dat-nguoi-khac-o-hai-phong-20251114102436029.htm