Removing numerous regulations and sub-licenses in the construction industry.

(CLO) On December 30th, the Government issued Decree No. 175 detailing some provisions and implementation measures of the Construction Law regarding the management of construction activities. According to the Ministry of Construction , Decree 175 is a decree detailing the Construction Law with a broad scope of application covering many fields and entities involved in construction activities.

The Ministry of Construction emphasized that the decree was issued to institutionalize the Party and State's guidelines and policies on promoting decentralization while strengthening inspection and supervision; enhancing digital transformation, applying information technology, and simplifying administrative procedures in construction investment activities.

Decree 175 focuses on amending conflicting, overlapping regulations that hinder economic development; ensuring the uniformity and consistency of the legal system, unified management from the central to local levels, and strengthening the effectiveness and efficiency of state management.

Decree 175 also drastically reduces unnecessary administrative procedures, such as decreasing the types of projects and works requiring appraisal by state management agencies through expanding the scope of projects that only need to prepare an economic and technical report (from a total investment of 15 billion to 20 billion, adding maintenance, upkeep, and repair projects belonging to group C); minimizing cases where subsequent design adjustments do not require project adjustments, etc.

According to the Ministry of Construction, Decree 175 is a decree detailing the Construction Law, with a broad scope of application covering many fields and entities involved in construction activities. (Illustrative image.)

At the same time, Decree No. 175 has standardized the required documents for submission, linking them to the content of administrative procedures; minimizing unnecessary paperwork to shorten the time required for administrative procedures.

The decree removes the requirement to provide information and legal documents already available in the national database on construction activities and the national database on land (when these systems become operational, shareable, and interconnected). It eliminates overlapping management content between steps in the investment process; clearly defines the list and compliance criteria when conducting assessments in administrative procedures for appraisal, granting construction permits, issuing certificates, etc., to enhance transparency.

The decree has reviewed and eliminated some cases requiring a construction practice certificate. It has merged several areas of professional practice certificates that do not require specialized expertise (project management, construction supervision, etc.); and extended the validity of individual professional practice certificates from 5 years to 10 years.

In particular, Decree 175 addresses practical difficulties and obstacles, and harmonizes the legal system. For example, it clarifies the types of planning documents or equivalent legal documents that can be used as a basis for project development and for granting construction permits, thus resolving the practical issues of projects formed from multiple types of planning under specialized laws, as well as the situation where some localities have not yet achieved comprehensive and synchronized planning coverage.

The regulations on underground structures and basements of construction projects should be supplemented to align with the provisions of the Law on Urban and Rural Planning, addressing the issue of a lack of information on basements at various planning levels.

The regulations clearly define the documentation, content, and evaluation criteria for feasibility studies on construction investment projects and detailed designs following the basic design phase, in line with the Investment Law, the Housing Law, forestry laws, and fire safety laws. The implementation process must be clear and transparent to shorten project and design preparation time and enhance the effectiveness and efficiency of the evaluation process.

Source: https://www.congluan.vn/nghi-dinh-175-go-bo-hang-loat-quy-dinh-giay-phep-con-trong-nganh-xay-dung-post328389.html