Construction management according to standards and regulations is the key.

Continuing the discussion session this morning, November 6, on the draft Law on Construction (amended), delegates of Group 11, including the National Assembly Delegation of Can Tho City and Dien Bien Province, basically agreed with the content of the Government's Submission and the Verification Report of the Committee on Science , Technology and Environment.

Scene of the discussion session at Group 11. Photo: Lam Hien

Shift from pre-control to post-control

National Assembly Deputy Le Minh Nam ( Can Tho City) emphasized that the amendment of the Construction Law this time needs to focus on clarifying the contents of regulations on construction activities and management according to standards and norms, ensuring proper implementation of the spirit and policy of the Party and State on strongly shifting from pre-inspection to post-inspection, associated with strengthening inspection and supervision of the provisions of the law.

Along with that, the amendment of the Law must also aim to minimize administrative procedures, ensure clear and transparent procedures, and create a favorable and open environment for people and businesses to implement.

National Assembly Delegate Le Minh Nam (Can Tho City) speaks. Photo: Lam Hien

"The amended law must establish a legal basis for innovating state management methods, that is, management according to standards and norms, and only implementing the main contents that require state management and management tools, ensuring reasonableness and consistency with innovations in urban development management, construction, investment project implementation, and environmental protection," emphasized delegate Le Minh Nam.

In Article 43 of the draft Law on general regulations on granting construction permits, delegate Le Minh Nam highly appreciated the addition of many cases exempted from construction permits such as: works under special public investment projects; works under investment projects under special investment procedures; individual houses, construction works located in the area of 2 or more provincial-level administrative units; construction works along extra-urban routes in accordance with planning according to the law on urban and rural planning or planning of a specialized technical nature approved by competent state agencies...

"These regulations are very positive. If we can reduce the licensing requirements, it will create conditions for people and businesses to overcome difficulties and obstacles, reduce administrative procedures and reduce costs."

Emphasizing this, delegate Le Minh Nam also requested the drafting agency to continue reviewing and supplementing the subjects of license exemption based on established standards and criteria or those considered in other examination and appraisal procedures; research and promulgate standards and criteria to both manage and reduce administrative procedures, and reduce requests and grants.

Most people will not dare to do anything when faced with legal problems.

Delegate Le Minh Nam also noted that the draft Law on Construction (amended) is related to many provisions in other laws, so it must be reviewed very carefully to ensure the consistency of the law with the legal system. The Law on Construction itself has been amended by a number of other laws such as the Law on Urban and Rural Planning, the Law on Fire Prevention, Fire Fighting and Rescue, the Law on Electricity, the Law on Railways, the draft Law on Civil Aviation being submitted to the National Assembly ...

Article 4, Clause 2 on the application of law stipulates:

"2. In case there are different provisions between the Law on Construction and other laws on procedures and order in performing construction activities, the provisions of the Law on Construction shall apply, except for the following cases:

a) Authority, order and procedures for deciding on investment policies and authority to decide on investment for public investment projects shall comply with the Law on Public Investment;

b) The authority, order and procedures for deciding on investment policies, the authority for appraising the Feasibility Study Report, and approving projects for investment projects under the public-private partnership (hereinafter referred to as PPP) method shall comply with the PPP Law; the appraisal by specialized construction agencies shall comply with the Construction Law;

c) The authority, order and procedures for approving investment policies for business investment projects shall comply with the Investment Law;

d) The investment, management and use of State capital in enterprises shall comply with the provisions of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

d) In case the Law on Housing and the Law on Real Estate Business have provisions on conditions for being an investor, the determination of the investor shall be implemented in accordance with the provisions of the Law on Housing and the Law on Real Estate Business.

Analyzing these provisions in detail, delegate Le Minh Nam said, "This provision helps to control very comprehensively, avoiding the case where some contents that have not been regulated are referred to and applied to another law. But clearly, when these regulations are issued, it will be very difficult in the implementation process. If there is a regulation in the Construction Law, then there is another regulation applied to another law without being able to specifically separate the differences, it will be very difficult."

In particular, according to the delegate, "when faced with legal problems, most people will not dare to do anything for fear of violating the law the next day, and at that time it is associated with responsibility". Therefore, delegate Le Minh Nam suggested trying to review to "regulate at only one root ", for example, taking the Construction Law as the basic law and making regulatory requirements that bring rigid nature; or any content regulated in another Law that is different, try to stipulate it clearly and specifically.

Inconsistent implementation will cause congestion for both investors and contractors.

Regarding Article 88 of the General Regulations on the capacity conditions of organizations and individuals engaged in construction activities, National Assembly Delegate Lo Thi Luyen (Dien Bien) proposed to continue studying and reducing the number of subjects required to obtain a practice certificate when participating in construction activities. Specifically, only requiring a construction practice certificate for individuals who are in charge of or in charge of work in projects with construction works of level II or higher, in order to simplify administrative procedures and reduce unnecessary business conditions for small-scale works. (Provincial People's Committee).

National Assembly Delegate Lo Thi Luyen (Dien Bien) speaks. Photo: Lam Hien

In addition, Clause 6, Article 88 stipulates: "Organizations participating in construction activities shall self-disclose information about their construction capacity on the Ministry of Construction's website".

According to delegate Lo Thi Luyen, the provisions in the draft Law have removed the business condition of granting capacity certificates to organizations, replacing it with a mechanism of self-disclosure of information. "This is a positive change to reduce business conditions", but the delegate said, "it does not ensure consistency and synchronization with the current legal system". Specifically, the current Law on Bidding and the Law on Real Estate Business still stipulate that there must be a certificate of capacity of the organization in the bidding documents. Therefore, abolishing this provision in the Construction Law will create inconsistency in the legal system, and inconsistent implementation will cause congestion for both investors and contractors.

Scene of the discussion session at Group 11

Therefore, the delegate proposed that there should be clear transitional provisions, supplementing this content in Article 96 (Transitional provisions) in the direction that: During the time the Law on Bidding and the Law on Real Estate Business have not been amended or supplemented, information on construction capacity self-published by organizations on the Ministry of Construction's electronic information page has the same legal value as the organization's capacity certificate for use in contractor selection procedures and other related administrative procedures.

Source: https://daibieunhandan.vn/quan-ly-hoat-dong-xay-dung-theo-quy-chuan-tieu-chuan-la-chinh-10394627.html