Proposing many cases exempted from construction permits

(Dan Tri) - Simplifying administrative procedures, expanding the scope of subjects exempted from construction permits and minimizing the time for granting permits are important orientations presented to the National Assembly when amending the Construction Law.

The draft Law on Construction (amended) was submitted to the National Assembly by Minister of Construction Tran Hong Minh on the morning of November 4. The draft consists of 8 chapters and 97 articles (71 articles less than the current law), and is expected to be considered and approved by the National Assembly at this session.

Regarding the new points, Minister Tran Hong Minh said that the draft law has cut and simplified many administrative procedures on establishing and appraising construction investment projects; approving construction designs; and maximally simplifying the conditions, order, and procedures for granting construction permits.

Minister of Construction Tran Hong Minh (Photo: Hong Phong).

With the regulation that the licensing authority only checks the implementation results of the consultant, the time for licensing will be reduced, expected to be a maximum of 7 days.

Along with that, the draft law expands the subjects exempted from construction permits. The procedures are designed according to the principle that from the preparation stage to the time of construction commencement, the state management agency on construction only controls each project and construction work once. Thus, each project and work only has to carry out one administrative procedure.

Specifically, projects subject to appraisal by specialized construction agencies will not need to be granted construction permits (projects under public investment projects, PPP projects, large-scale business investment projects or projects with major impacts on safety and community interests).

For the remaining projects, the State management agency on construction shall manage through construction permit procedures.

Regarding the review, Chairman of the Committee for Science , Technology and Environment Nguyen Thanh Hai said that regarding the regulation on exemption of construction permits for some projects, the Committee basically agrees with the plan submitted by the Government.

According to the inspection agency, this is new content, in line with the Party's policy, contributing to administrative procedure reform, shortening time and reducing costs for people and businesses in construction activities.

Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai (Photo: Hong Phong).

However, the inspection agency noted that the regulation of principles, criteria, and list of works exempted from construction permits in sub-law documents must be extremely careful to ensure safety, accuracy, and ease of application, avoiding the situation where works are exempted from construction permits but many intermediate administrative procedures or "sub-licenses" arise.

In addition, when the construction is exempted from a construction permit, there will be no legal basis to determine the assets attached to the land to issue a Certificate of Ownership. Therefore, the examining agency recommends adding this provision to relevant laws to ensure the rights of the people.

In addition, there are also opinions in the appraisal agency suggesting to consider allowing exemption from construction permits and self-acceptance for projects with high safety requirements, or potential risks of community safety and fire safety, such as factories, rental apartments, commercial centers, supermarkets, community centers, etc.

These projects, if exempted from construction permits, need to study the granting of construction use permits before officially coming into operation, according to the opinion of the appraisal agency.

Delegates attending the 10th session of the 15th National Assembly (Photo: Hong Phong).

According to the Committee on Science, Technology and Environment, the draft law has not clearly stipulated the mechanism for handling projects that have been legally licensed but violate construction regulations such as design errors, changes in function, height, construction density, etc.

Therefore, it is necessary to supplement the principle of handling the above violations in the law, ensuring strict handling, not allowing the phenomenon of penalizing for existing or legalizing violations. At the same time, the draft law needs to supplement and clarify the mechanism of online licensing to create favorable conditions for people.

Source: https://dantri.com.vn/thoi-su/de-xuat-nhieu-truong-hop-duoc-mien-giay-phep-xay-dung-20251104105423781.htm