Many new points in Decree No. 175 on construction management

Decree No. 175/2024/ND-CP detailing a number of articles and measures to implement the Construction Law on construction management, which has just been issued by the Government , has strongly decentralized the authority to appraise, inspect acceptance work, and issue construction activity certificates. At the same time, it has simplified administrative procedures in construction investment activities.

On December 30, 2024, the Government issued Decree No. 175/2024/ND-CP detailing a number of articles and measures to implement the Construction Law on construction management. This Decree replaces Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing a number of contents on construction investment project management.

As a Decree detailing the Construction Law with a wide scope of regulation covering many fields and subjects participating in construction activities, the Decree is issued to institutionalize the Party and State's guidelines and policies on promoting decentralization along with strengthening inspection and supervision; enhancing digital transformation, applying information technology and simplifying administrative procedures in construction investment activities.

The Decree also focuses on amending contradictory and overlapping regulations that hinder economic development; ensuring the unity and synchronization of the legal system, unified management from the central to local levels, and enhancing the effectiveness and efficiency of state management.

Decree No. 175/2024/ND-CP detailing a number of articles and measures to implement the Construction Law on construction management was recently issued by the Government on December 30, 2024. (Source: Vietnamnet)

Strongly decentralize the authority to appraise, inspect acceptance work, issue construction activity certificates and practice certificates.

Implement Conclusion No. 97-KL/TW At the 10th Conference of the Central Committee on "building a more decentralized institution" with the motto "locality decides, locality does, locality is responsible", Decree No. 175/2024/ND-CP amended the provisions of Decree No. 15/2021/ND-CP and a number of related Decrees on construction investment project management to strongly decentralize administrative procedures under the authority of the Ministry of Specialized Construction Works Management and the Ministry of Construction to local implementation, specifically

Regarding the management of construction activity capacity, the entire authority to issue construction activity certificates and grade I practice certificates has been decentralized to localities for implementation, while eliminating the requirement for practice certificates for some fields that are no longer necessary.

Regarding the authority to appraise the Feasibility Study Report on construction investment, construction design implemented after the basic design, and inspect the acceptance work of specialized construction agencies, the Decree has thoroughly decentralized the implementation to localities. Ministries managing specialized construction works only appraise and inspect the acceptance work for projects with special-level works, complex works, and no regulations or standards.

Minimize unnecessary administrative procedures, such as reducing the types of projects and works that must be appraised by state management agencies by expanding the scope of projects that only require technical economic reports (from a total investment of 15 billion to 20 billion, adding maintenance, repair and maintenance projects in group C); minimize cases of design adjustments in the following steps without having to make project adjustments...

With this thorough decentralization, it is expected that after the Decree takes effect, about 95% of administrative procedures from central agencies will be further decentralized to localities for appraisal and inspection of acceptance work and 100% for granting practice certificates and certificates of construction activity capacity; reducing about 10% of project and construction dossiers requiring appraisal procedures at state agencies.

At the same time, to ensure the effectiveness and efficiency of state management when implementing decentralization, the Decree replacing Decree No. 15/2021/ND-CP has added regulations for specialized construction agencies under specialized ministries to strengthen inspection of the organization, management and implementation of specialized agencies at the local level.

Simplify administrative procedures in construction investment activities

Decree No. 175/2024/ND-CP has standardized the required documents for submission associated with the content of administrative procedures; eliminated as much unnecessary documents as possible to shorten the time for administrative procedures;

Eliminate the requirement to provide information and legal documents already available on the national database system on construction activities and the national database on land (when these systems come into operation, are shared, and connected).

Eliminate overlapping management contents between steps in the investment process; clearly define the list and compliance criteria when conducting assessments in administrative procedures on appraisal, construction permit issuance, certificate issuance, etc. to increase transparency.

Decree No. 175/2024/ND-CP also reviews to eliminate some cases requiring a certificate of construction activity capacity. Merges some areas of practice certificates that do not require specialized expertise (project management, construction supervision, etc.). Extends the validity of individual practice certificates from 5 years to 10 years.

At the same time, enhancing digital transformation, applying information technology, promoting the application of building information systems (BIM), combining the application of BIM and database systems in construction management of appraisal and construction licensing will be an opportunity to accelerate digitalization in the construction industry.

Removing difficulties and obstacles, synchronizing the legal system

Decree No. 175/2024/ND-CP provides more detailed regulations on the types of planning or equivalent legal documents used as the basis for project establishment, and at the same time as the basis for granting construction permits to address the practical situation of projects formed from many types of planning according to specialized laws as well as the situation where some localities have not yet covered the planning synchronously.

Supplementing regulations on underground works and basements of construction works in line with the provisions of the Law on Urban and Rural Planning, resolving the problem of lack of information on basements at all planning levels.

Clearly stipulate the documents, contents, and criteria for appraising the Feasibility Study Report on construction investment, design implementation after basic design, in line with the Investment Law, Housing Law, forestry law, and fire prevention and fighting law. The implementation process must be clear and transparent to shorten the time for project preparation, design, and enhance the effectiveness and efficiency of management in appraisal work.

Fully and clearly systematize legal land documents as the basis for granting construction permits, in line with the newly issued Land Law and Decrees.

Source: https://baoquocte.vn/nhieu-diem-moi-trong-nghi-dinh-so-175-ve-quan-ly-hoat-dong-xay-dung-299523.html