On the morning of November 6, at the discussion session of Group 6 (National Assembly Delegation of Dong Nai , Lang Son, Hue City) on the draft Law on Construction (amended), the National Assembly Deputies said that the amendment of this Law should be concise, clear, easy to implement, creating convenience for people and businesses, but ensuring order and discipline in construction activities.
Need to shorten the project appraisal and licensing process
Commenting on each specific article and clause of the draft Law on Construction (amended), National Assembly Deputy Pham Trong Nghia ( Lang Son ) said that the draft Law should focus on technical and professional content, and should not regulate capital sources, investment forms or planning, to avoid duplication with other laws.
Delegates suggested that Article 4 of the draft must clearly stipulate the principles of application between the Construction Law and specialized laws such as Aviation, Railways, Electricity, etc. to ensure consistency and avoid conflicts during implementation.
In addition, expressing support for expanding the scope of construction permit exemption, delegates proposed to specify the post-inspection mechanism, especially regarding technical infrastructure, environment, fire prevention and fighting, and information disclosure to ensure construction quality.
Regarding the licensing procedure, National Assembly Deputy Vu Ngoc Long (Dong Nai) said that the current licensing procedure is still lengthy and cumbersome. Accordingly, he proposed that the draft Law should shorten the project appraisal and licensing process, avoiding the situation where the implementation stages take too long - from planning, fire prevention and fighting to environmental impact assessment; at the same time, allowing the parallel implementation of specialized procedures for projects with approved planning, especially for production and private sectors, thereby helping to reduce costs, save time and promote the investment environment.
Consider exempting construction permits for individual houses in large cities
Regarding the construction licensing regulations, National Assembly member Huynh Thanh Chung (Dong Nai) said that applying the same licensing conditions nationwide is not appropriate. The delegate suggested that it is necessary to clearly classify urban areas with or without planning, rural areas with or without planning to determine the corresponding management regime.
According to the delegate, for large cities such as Hanoi and Ho Chi Minh City, it is possible to consider exempting construction permits for individual houses, but they must be attached to a set of detailed criteria on area, height, setbacks, etc. issued by the urban authorities.
Citing international experience, he said that in many countries, construction procedures are very convenient, but management is extremely strict, each step of construction is inspected and confirmed before continuing. “The law needs to be designed flexibly, creating convenience but not laxity, while at the same time giving local authorities the authority to issue specific management criteria,” the delegate emphasized.
Solving the situation of illegal construction - need to clearly stipulate enforcement costs
From local reality, National Assembly Deputy Do Huy Khanh (Dong Nai) pointed out the widespread illegal construction situation, with thousands of houses in some places, mainly due to poor laborers and migrant workers lacking social housing having to buy cheap agricultural land to build houses.
The delegate pointed out that the grassroots management force is weak and lacks enforcement funds, so it cannot control. There is a commune with an area of over 170km² but only 6 people are in charge of construction, while "illegal houses are springing up like mushrooms". From that reality, the delegate said that the regulation in Article 53 of the draft Law on dismantling illegal constructions is still not feasible, because no one voluntarily demolishes their house, while the government does not have the funding to do so.
From there, the delegates proposed to add provisions on enforcement costs in the Law, clearly defining that the violating investor must bear the demolition costs; if not implemented, there should be clear sanctions. “If the financial problem for enforcement is not solved, then whether the violation is fifty or a thousand units, it cannot be completely resolved,” delegate Do Huy Khanh emphasized.
Agreeing with the above opinion, National Assembly Delegate Nguyen Thi Nhu Y (Dong Nai) also affirmed that amending and supplementing regulations on licensing and construction order management is extremely necessary to overcome practical shortcomings. Agreeing with the policy of strong decentralization to local authorities in granting construction permits, the delegate emphasized the need for clear and unified regulations to avoid overlap and ensure feasibility when applying.
Analyzing Article 43 of the draft, delegate Nguyen Thi Nhu Y suggested that regulations related to individual houses under 7 floors and level 4 buildings should be clarified in the law, instead of just assigning the Government to guide, making it easier for people to understand and for management agencies to apply. The delegate also expressed concern about the regulation allowing investors to only notify the commencement of construction in areas without clear zoning plans, because it could lead to spontaneous and chaotic construction - especially in rapidly urbanizing provinces like Dong Nai.
From the reality of the locality with a high rate of immigration, delegate Nguyen Thi Nhu Y also said that the situation of illegal construction, illegal construction, and handwritten transactions are still common, even showing signs of "legalizing" violations. Therefore, the delegate suggested reviewing and redesigning Chapter III of the draft Law to both facilitate people when building houses and maintain effective construction order control tools, ensuring unified, transparent and practical management.
Source: https://daibieunhandan.vn/quy-dinh-cu-the-co-che-hau-kiem-10394641.html
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