Simplify the process and publicize construction permit information for people and businesses to monitor.

According to the opinion of the Inspection Agency, construction permits are not "barriers" but tools to protect rights and social order. The problem lies in the quality and licensing process.

On the morning of November 4, continuing the National Assembly 's working program, Minister of Construction Tran Hong Minh, authorized by the Prime Minister , presented the Draft Law on Construction (amended).

The submission of the Draft Law on Construction (amended) shows that the amended content of the Law on Construction focuses on the following issues: Project classification to determine the contents of state management of construction according to each form of investment; regulations on project management forms; regulations on determining and managing costs in accordance with international practices, relevant laws and implementation practices in the recent past; regulations on contract management; meeting the requirements of international integration, development of science and technology, innovation, digital transformation in construction activities; regulations on establishing and appraising construction investment projects in the direction of simplifying administrative procedures; regulations on establishing, appraising and approving construction designs in the direction of abolishing administrative procedures; regulations on granting construction permits in the direction of expanding the subjects exempted from construction permits, simplifying procedures; regulations on construction works in the direction of simplifying administrative procedures; reduce investment and business conditions in construction capacity management.

Minister of Construction Tran Hong Minh, authorized by the Prime Minister, presented the Draft Law on Construction (amended). Photo: mediabaoquochoi

The report on the review of the Law on Construction (amended) of the Committee on Science, Technology and Environment (SC&MT) presented by Chairman of the SC&MT Nguyen Thanh Hai highly appreciated the fact that the draft Law was built in the direction of a framework law, a principle law, regulating fundamental issues, long-term stability , and at the same time assigned the Government and ministries and branches to provide detailed instructions to ensure flexibility and suitability to practice.

However, "assigning many agencies to regulate in detail can lead to overlaps and conflicts between sub-law documents (on land, investment, construction, telecommunications, technical infrastructure, appraisal authority, licensing, construction quality management, etc.), especially in the context of perfecting the current two-level government model," informed Chairman of the Committee for Science, Technology and Environment Nguyen Thanh Hai.

Improving efficiency and transparency in construction investment management

Regarding the management of construction investment projects, the Chairman of the Committee for Science, Technology and Environment said that some opinions said that the draft Law (amended) stipulates quite a lot about the rights and responsibilities of the subjects in construction activities but still lacks connection with the contract mechanism, legal tools that directly regulate the relationship between the parties, including the principle of "compensation according to the contract" to ensure flexibility, self-responsibility, in accordance with the principle of freedom, voluntary commitment, limiting administrative intervention and avoiding duplication with the Civil Code and the law on bidding. In addition, the classification of construction projects should be based on the purpose and scale of the project to ensure reasonableness in licensing, management and processing of documents.

Delegates attending the meeting. Photo: mediabaoquochoi

Regarding project establishment, appraisal and construction investment decision, according to the opinion of the Committee on Science, Technology and Environment, the draft Law only stipulates the appraisal authority for public investment projects, investment in the form of public-private partnership (PPP) and business investment but does not clarify the group of "other construction investment projects". Therefore, it is necessary to supplement specific regulations on appraisal authority for projects using other budget capital, ODA capital or preferential loans to avoid leaving legal mechanisms vacant.

At the same time, there is no strict regulation that "construction professional agencies" must directly appraise, in order to avoid overlapping functions between state management agencies and appraisal organizations, while creating conditions for socialization of appraisal activities, improving efficiency and transparency in construction investment management.

It is necessary to clearly stipulate that "the person who causes the error must compensate"

Regarding construction permits, the Committee for Science, Technology and Environment believes that permits are not "barriers" but tools to protect rights and social order. The problem lies in the quality and licensing process . Therefore, it is necessary to simplify the process, clearly define responsibilities, processing time limits and publicize information for people and businesses to monitor.

Delegates attending the meeting. Photo: mediabaoquochoi

In addition, the exemption from construction permits helps reduce procedures, but it is necessary to improve legal regulations in the Construction Law or Land Law to ensure property ownership rights on land. In addition, it is necessary to supplement the mechanism for handling violations of licensed works but construction is not according to design, changes the function or violates regulations, ensuring consistency and clarity of responsibilities among related parties.

Regarding quality management, acceptance and handover of construction works, there are suggestions to supplement regulations on principles in construction quality management in the direction of "doing it well right from the start", shifting the focus from inspection - detection to prevention - quality control throughout the survey, design, construction and maintenance process.

At the same time, it is necessary to clearly stipulate that "the person causing the error must compensate", only criminally handle intentional and fraudulent acts to distinguish between technical and criminal violations . This approach helps to improve professional responsibility, ensure quality, safety and transparency in construction investment.

Source: https://phunuvietnam.vn/don-gian-hoa-quy-trinh-cong-khai-thong-tin-cap-phep-xay-dung-de-nguoi-dan-doanh-nghiep-giam-sat-20251104125656268.htm