Need a control mechanism after the investor reviews the design
Commenting on the draft Law on Construction (amended), delegates agreed on the necessity of amending and promulgating the Law, which is an inevitable requirement stemming from the major orientation of the Party and State on innovation in legislative work and improving the investment and business environment in the digital age.
In addition, Resolutions No. 66, 68, 57, 59 of the Politburo and Conclusion 119-KL/TW all emphasize the need to build laws in a flexible direction, reduce procedures, shift from pre-control to post-control, focus on people and businesses; at the same time, give more power to the Government and ministries in operation and management... Therefore, the amendment is necessary to create a unified legal framework, reduce overlap, improve investment efficiency, ensure transparency, save resources, promote infrastructure development and create a modern, open legal environment.
Commenting on some contents, delegate Ha Sy Dong (Quang Tri) said: the draft Law has abolished the construction design appraisal procedure implemented after the basic design. Specifically, after the project is approved, the investor will organize the appraisal and control of the technical design and construction drawing design (Article 29). This reduction represents a shift from "pre-inspection to post-inspection", giving the investor the initiative and reducing intermediate procedures. However, the delegate is concerned about whether the quality of the technical design is guaranteed when there is no longer state appraisal. The investor may not have the capacity to self-appraise, especially large-scale projects with complex techniques. Although the draft requires the design of works with great impact to be appraised for safety by an independent consulting organization, a strict legal basis for post-inspection should still be added, the delegate suggested.
The delegates suggested that the drafting agency consider and add a control mechanism after the investor reviews the design. Specifically: for large-scale projects with complex techniques (according to the criteria prescribed by the Government ), the investor is required to hire a qualified consulting organization to review the design and report the results to the state management agency (for example, the Department of Construction) before construction. The management agency may not review but needs to keep records to serve inspections and surprise checks.
At the same time, supplementing regulations on strengthening state inspection and acceptance, it is necessary to study assigning specialized construction agencies the right to inspect the acceptance work of investors for important projects, instead of only post-inspection when there is an incident.
Commenting on construction design appraisal, delegate Tran Thi Hien (Ninh Binh) said: the regulation that construction design appraisal is implemented after the basic design is not carried out by the construction professional agency as before, but assigned to the investor to carry out, contributing to simplifying administrative procedures, creating favorable conditions for investment and business, significantly reducing the workload of the construction professional agency, promoting the role of the investor, the responsibility of design consultants, and appraisal consultants in professional contents.
Simplify conditions for buying and renting social housing
Commenting on the completion of the provisions on the rights, obligations and responsibilities of the investment decision maker (Article 39) in the draft Law on Construction (amended), some delegates suggested that the drafting agency consider adding the phrase "decentralization" to point a, clause 1, specifically: "a) Approve, decentralize or authorize project approval, decide or authorize the decision on determining the type of construction design...". The addition is to ensure consistency and compatibility with the provisions of Decree No. 254/2025/ND-CP dated September 26, 2025 of the Government on management, payment and settlement of projects using public investment capital.
In particular, the "decentralization" mechanism is identified as an important tool to increase initiative for all levels and investors; shorten the approval process, reduce administrative pressure for central agencies; at the same time, promote procedural reform, improve the efficiency of construction investment management.
The current provisions in the draft Law only mention “approval” and “authorization of approval”, but do not cover the form of “decentralization”, which can easily lead to limited authority or confusion in the organization and implementation of projects assigned to lower levels. Therefore, the addition of the word “decentralization” is necessary to ensure completeness, consistency and conformity with the current spirit of decentralization and decentralization of public investment management.
Regarding social housing development policies, delegate Ha Sy Dong (Quang Tri Delegation) suggested that the Drafting Committee consider reviewing more breakthrough regulations and policies to promote social housing development and specific mechanisms for social housing projects for low-income people.
Delegates proposed to build a special mechanism to remove legal obstacles for social housing projects. Supplement regulations on incentives and encourage businesses to participate in social housing. Expand the subjects and simplify the conditions for buying and renting social housing. According to delegates, the Prime Minister has requested to create the most favorable conditions for projects that can be completed within 2-3 years; therefore, it is necessary to supplement the principle of special priority for social housing from the land allocation stage (exemption, reduction of land use fees), construction permit procedures (permits can be exempted if the project meets certain criteria), and acceptance stage for putting into use.
Commenting on insurance in construction investment activities in Article 10 of the draft law, delegate Tran Thi Hong Thanh (Ninh Binh) suggested that it should not be stipulated that all items must have compulsory insurance. Along with that, consider not requiring compulsory insurance for all items, only requiring insurance for items that pose a risk to safety, public interests or the environment.
Delegates also expressed concern about the regulation on abnormal fluctuations in prices of construction materials, and suggested that the Drafting Committee study and supplement to clearly define the criteria for assessing what constitutes abnormal price fluctuations, to provide a full basis for feasibility when applying...
Also at the discussion session, contributing opinions to complete the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals, delegate Pham Hung Thang (Ninh Binh Delegation) expressed interest in the regulations on granting licenses to exploit Group III minerals for construction materials to organizations and individuals.
Emphasizing that the draft Law has expanded the scope of licensing subjects, delegates suggested that the drafting agency consider limiting the scope of works and projects that benefit from policies according to regulations, meeting the criteria and conditions of not wasting mineral resources, especially for socio-economic development works and projects under the approval and investment policy decision authority of local authorities.
Regarding the decentralization of mineral exploration and exploitation licenses in Clause 26, Article 1, delegate Pham Hung Thang said that the draft law stipulates that the authority to grant exploration and exploitation licenses for Group II and III minerals and Group IV mineral exploitation licenses to the Chairman of the Provincial People's Committee is necessary in the context of promoting decentralization and delegation of power to local authorities. However, decentralization in the field of valuable resources, without accompanying inspection and supervision mechanisms, can cause rampant exploitation, exceeding planning, and lax management, leading to negative consequences.
The delegate also said that for some strategic minerals, it is necessary to consider granting full authority to grant exploration and exploitation licenses to localities. At the same time, it is recommended to consider regulating a mandatory coordination mechanism between two levels of local authorities in appraising documents and confirming before granting licenses.
Source: https://daibieunhandan.vn/de-xuat-bo-sung-co-che-kiem-soat-sau-khi-chu-dau-tu-tham-dinh-thiet-ke-10394640.html
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