Proposal to strengthen "post-inspection" to detect violations when exempting construction permits

Delegates said that construction permits are the procedure "closest to the people", so it is necessary to strongly simplify them and strengthen post-inspection when exempting construction permits.

Ms. Nguyen Thi Viet Nga speaks (Photo: Quang Vinh)

On November 14, the National Assembly discussed in the hall the draft Law on Construction (amended). Referring to the issue of exemption from construction permits for some construction works, Delegate Nguyen Thi Viet Nga ( Hai Phong Delegation) said that compared to the current Law on Construction, the draft law stipulates exemption from construction permits for some types of construction works, in the direction of reducing "pre-inspection" and increasing "post-inspection" in the management of construction works. This is a content consistent with the goal of reform, cutting down administrative procedures, reducing time and costs of performing administrative procedures for people and businesses.  

Ms. Nguyen Thi Viet Nga speaks (Photo: Quang Vinh)

However, Ms. Nga pointed out that the reality of many years has shown that the situation of illegal construction, illegal construction, encroachment on sidewalks, public land, construction beyond floors, and change of function has occurred in many places. Many constructions were not detected early, and only when the construction was nearly finished or completed were they discovered and handled.

Faced with such a situation, along with the context of implementing the two-level local government model, the team of construction specialists at the commune level is very thin, most of them holding part-time positions, not having enough force to carry out supervision and promptly detect violations; in some localities there is still a lack of staff with in-depth expertise in construction, according to Ms. Nga: That leads to difficulties in carrying out inspection and supervision of construction works in practice.  

“Therefore, in parallel with cutting down on the “pre-inspection” step and exempting construction permits for some construction projects, it is necessary to supplement mechanisms to strengthen “post-inspection”.   to detect and handle construction violations in a timely manner; 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; supplement sanctions to handle the responsibility of the head if he/she fails to detect or handle violations in construction works in a timely manner; study the arrangement of forces to support construction management at the grassroots level so that the "post-inspection" stage is truly timely and effective. Avoid the situation of opening a "post-inspection" mechanism but not having enough human resources to carry out the "post-inspection", Ms. Nga said.

Regarding the issue of cost management, total investment, and prevention of capital increase, Delegate Ha Sy Dong ( Quang Tri Delegation) cited the report pointing out the situation of capital increase and prolonged dissemination time. From there, Mr. Dong proposed that Article 28 should be supplemented with the requirement to only adjust the total investment when there are force majeure factors or outstanding efficiency. Attach the responsibility of the investor to the quality of the initial survey and design. Appraisal of estimates to control prices, prevent loss, and not deeply interfere with technical plans. "The thinking of amending the law needs to be tightly controlled, clear, and not formal," said Mr. Dong.

Mr. Ha Sy Dong speaks (Photo: Quang Vinh)

Regarding administrative procedure reform in licensing and construction order management, Mr. Dong emphasized,    Construction permits are the procedures “closest to the people” so they need to be simplified. Article 23 on individual housing needs to clearly define cases where a project is not required. The requirement for additional, repetitive documents should be eliminated.

Add strong sanctions against local authorities' lax supervision of construction order.

Regarding improving the capacity of investors, project management boards and personal responsibility, from Articles 39-41, Mr. Dong recommended emphasizing more on the investors' full responsibility. The project management board has the capacity appropriate to the scale of the project. Mechanism for holding individuals accountable in survey, design, and appraisal when errors occur. Specific regulations on record keeping to serve the purpose of prosecuting violations.

From there, Mr. Dong suggested that the investor must take ultimate responsibility for the quality of the survey, design, appraisal and safety of the project. The project management board must have a certificate of competence, enough staff and have its management rights revoked if violations occur. Personal responsibility must be clear: who signs the survey, is responsible for the data? who designs, is responsible for the plan? who reviews and is responsible for the content?; who approves and is ultimately responsible?. In addition, the records must be stored for at least 15-20 years, stored electronically for easy checking and retrieval.

Mr. Dong also recommended continuing to review the draft in the direction of one job, one agency, one responsible person. Minimize unnecessary procedures, consolidate duplicate procedures. Standardize the capacity of investors and project management boards, tighten personal responsibility. Make transparent and digitalize the entire construction process, documents, licenses, and acceptance. The law should aim to shorten processing time, reduce compliance costs, increase transparency, and enhance accountability.

Viet Thang - Trung Hieu

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