The Construction Law should be considered the "original" law regulating the minimum construction procedures and order.

Discussing at Group 3 (Thanh Hoa, Tay Ninh) on the morning of November 6, National Assembly deputies suggested that the drafting committee should carefully review the Draft Law on Construction (amended) to avoid overlapping with other related draft laws. In particular, the Law on Construction should be considered the "original" law that clearly stipulates the minimum construction procedures and processes.

Supplementing regulations requiring the purchase of post-construction warranty insurance

During the group discussion, the National Assembly deputies affirmed that the draft Law on Construction (amended) is a very important specialized law project that comprehensively regulates construction investment activities. Therefore, the drafting committee needs to carefully review to avoid overlapping with other draft laws that are closely related to the Law on Construction, such as: Law on Public Investment, Law on Investment under the form of PPP, Law on Land, Law on Electricity, Law on Railways, etc. It is necessary to continue to carefully review to ensure the consistency and synchronization of the legal system. In particular, it is necessary to consider the Law on Construction as the original law, clearly stipulating the minimum construction procedures and processes, other laws can only supplement, not be allowed to reduce.

Overview of the discussion at Group 3. Photo: Khanh Duy

In addition, delegates also suggested that the draft law should stipulate how to shorten investment preparation procedures. This is a very important issue when implementing basic construction investment projects. Because, currently, many projects have a long investment preparation process, affecting the progress of project implementation, causing waste of time and resources.

Commenting on this draft law, National Assembly member Mai Van Hai ( Thanh Hoa ) was concerned about the issue of "responsibility for purchasing compulsory insurance in construction investment activities". The draft law stipulates: "for investors of projects that greatly affect public safety and interests, have the risk of negatively impacting the environment, projects with special technical factors, specific characteristics, and complex construction". The delegate said that this provision leads to difficulty in determining the responsibility of the investor, the responsibility of the consultant or the responsibility of the construction contractor in the issue of purchasing insurance related to construction works.

National Assembly Deputy Mai Van Hai (Thanh Hoa) speaks at the discussion. Photo: Khanh Duy

The delegate explained that it is very difficult to determine what is “large” and what is “special and unique”. If not clarified, it will be very difficult to determine which project is the investor, which project is the consultant, and which project is the contractor that must take responsibility for purchasing construction insurance.

In addition, it is necessary to review the contents requiring compulsory insurance purchase, that is, simple contents and tasks that do not have a major impact should not require compulsory insurance purchase to avoid increasing the cost burden for investors, consultants and contractors. Delegate Mai Van Hai also proposed to add a regulation requiring compulsory insurance purchase for post-construction warranty to ensure the quality of the project.

Regarding the management of construction investment projects after the implementation of the 2-level local government model, the National Assembly deputies said that the model of the District Construction Investment Project Management Board is no longer suitable, causing difficulties in managing projects implemented by the commune level. Accordingly, some deputies proposed clear regulations on the establishment of Construction Investment Project Management Boards at the provincial and commune levels to ensure professionalism and efficiency in project management.

National Assembly Deputy Le Thanh Hoan (Thanh Hoa) speaks at the discussion. Photo: Khanh Duy

During the group discussion, National Assembly member Le Thanh Hoan (Thanh Hoa) expressed concern about the assignment of construction permit granting authority to commune-level authorities. Because currently, commune-level authorities have large areas and limited forces, while construction order has many complicated problems. If there are no reasonable solutions for inspection, supervision and management of construction order, it will be very difficult to manage, especially in urban areas.

“In the recent period, there have been too many violations of construction permits, especially for serviced apartments for rent. Many mini apartments are allowed to build up to 7 floors, but in many areas, there are apartments built up to 10 floors and no one knows. When violations are discovered, if they are in the process of construction, we can request to stop construction or build according to the permit; but in some cases, they are built and then we discover it, so it is very difficult to decide to demolish or demolish. Not to mention, many fatal fires and explosions have also arisen from this,” said delegate Le Thanh Hoan.

Accordingly, National Assembly Deputy Le Thanh Hoan suggested that the drafting committee should pay attention to the above issue to have reasonable solutions to prevent violations of construction order.

Supplementing the principles of ensuring national defense and security and ensuring state secrets

Participating in giving comments on the Draft Law amending and supplementing a number of articles of the Law on Geology and Minerals, National Assembly Deputy Le Thi Song An ( Tay Ninh ) proposed that the drafting committee consider adjusting Point g, Clause 2 in the direction of replacing the phrase "not having to carry out procedures for granting exploration licenses, recognizing exploration results, granting mining licenses, and mineral recovery registration certificates" with the phrase "being exempted or shortened from a number of necessary administrative procedures to meet the urgent requirements of an emergency situation according to the Prime Minister's decision to declare a state of emergency; the applicable period is consistent with the validity of the decision and ends when the emergency situation no longer exists".

National Assembly Delegate Le Thi Song An (Tay Ninh) speaks at the discussion. Photo: Khanh Duy

Delegates believe that this provision helps establish a flexible but controlled mechanism in special situations such as natural disasters, epidemics, security, and national defense; ensuring both timeliness in response and maintaining management and monitoring tools. Clearly defining “exemption” and “reduction” will help make the regulation more specific and feasible.

In Clause 23, Article 1, National Assembly Delegate Le Thi Song An said that the scope of the regulation "not auctioning mineral exploitation rights" in the draft law is currently too broad, including many inappropriate cases, which can reduce the effectiveness of the auction mechanism, a tool to ensure transparency and competition.

Accordingly, delegates proposed to narrow the scope of application, limiting it to special areas for defense, security or energy security reasons; at the same time, there should be specific criteria on reserves, coordinates, duration, beneficiaries; public assessment of market impact, periodic review every 2-3 years. In special cases, there should be inter-sectoral appraisal and submission to the Prime Minister for approval, ensuring transparency, consistency and avoiding taking advantage of the "no auction" policy in licensing.

National Assembly Deputy Vu Xuan Hung (Thanh Hoa) speaks at the discussion. Photo: Khanh Duy

During the group discussion, the National Assembly deputies said that the draft Law amending and supplementing a number of articles of the Law on Geology and Minerals needs to add principles on ensuring national defense, security and ensuring State secrets in mineral investigation, exploration and exploitation. In particular, for sensitive areas, written opinions must be obtained from the Ministry of National Defense and the Ministry of Public Security.

According to National Assembly Deputy Vu Xuan Hung (Thanh Hoa), the regulations on delimiting prohibited and temporarily prohibited areas for mineral exploitation are also related to ensuring national defense and security. The delegate suggested that it is necessary to supplement regulations on the coordination mechanism between the Ministry of Agriculture and Environment, the Ministry of National Defense, and the Ministry of Public Security in determining these areas. At the same time, it is necessary to supplement regulations requiring consultation with defense and security agencies before granting, temporarily suspending, or revoking mineral exploitation licenses, especially in areas sensitive to security and defense.

Commenting on the Draft Law on amending and supplementing a number of articles of the Law on Geology and Minerals, some delegates proposed to add to Clause 21, Article 1 the following content: geological information and data, rare earth minerals are built synchronously, centrally managed on the national geological database platform applying digital technology, spatial data and modern technologies; updated, shared to serve planning, exploration, exploitation and scientific research. The Ministry of Science and Technology coordinates with the Ministry of Agriculture and Environment to build, manage, guide technical standards, safety and mechanisms for exploiting and using data. This addition helps to specify the requirements for data management using modern technology, meeting digital transformation and economic development of geological data.

Source: https://daibieunhandan.vn/nen-coi-luat-xay-dung-la-luat-goc-quy-dinh-trinh-tu-thu-tuc-xay-dung-toi-thieu-10394661.html