Clear criteria to avoid lax post-control

Accordingly, the draft law implements the principle that from the preparation stage to the time of construction commencement, the state management agency on construction only controls each project and construction work once (each project and construction work only has to carry out one administrative procedure). Construction works subject to appraisal at specialized construction agencies do not have to be granted a construction permit (works under public investment projects, PPP projects, large-scale business investment projects or works with a major impact on safety and community interests). In addition, level IV construction works, individual houses with a scale of less than 7 floors invested in construction in rural areas that have been identified in the general planning and do not have architectural management regulations or are not subject to detailed planning according to the provisions of the law on urban and rural planning... are also exempt from construction permits.

Construction permit is a legal tool to ensure compliance with the law, control compliance with planning, technical standards, safety and construction order right from the beginning of the project. This is the legal basis to determine whether the construction is legal, in accordance with planning and legal regulations or not. Thereby, helping the construction to ensure safety in terms of fire prevention and fighting; environment; ensuring urban planning regulations. The permit is an important legal basis for the authorities to base on to handle violations if illegal construction occurs.

In fact, in recent times, the story of administrative procedures in general, and administrative procedures in the construction sector in particular, in some stages, has made it difficult for people and businesses because of the cumbersome procedures through many stages, many steps, and long time, affecting the progress of construction works. It is worth mentioning that, even though there are permits, violations of construction permits still occur, especially for serviced apartments for rent. Many mini apartments are allowed to build a maximum of 7 floors, but in many areas, there are apartments built up to ten floors. When violations are detected, if during the construction process, we require construction to stop or build in accordance with the prescribed permit. That shows that permits are not "troublesome procedures", but are tools to ensure citizens' rights and social order in the construction sector. However, in some cases, it is necessary to consider expanding the cases of not granting construction permits to reduce procedures and compliance costs for people and businesses.

The fact that this draft Law expands the scope of exemption from construction permits to a number of cases is considered a correct policy, consistent with the direction of administrative procedure reform, contributing to shortening project implementation time and reducing costs for people and businesses. However, the question is, when exempting construction permits, what will be the basis for handling violations? If construction permits are abolished, when there is insecurity, damage to property, or to people's lives, who will be responsible?

Expanding the scope of exemption from construction permits in some cases is supported by the people and businesses. However, to prevent abuse or lax post-inspection, to avoid causing trouble for organizations and individuals in carrying out procedures, in cases exempted from construction permits, there should be strict and specific regulations on the subjects, criteria, and post-inspection procedures, especially on technical infrastructure, environment, and fire prevention and fighting. Along with that, building a public information system so that people and businesses can look up, monitor, and control the implementation to ensure construction quality.

Be open but still ensure strict post-inspection, because in all cases, we need to put people's safety first.

Source: https://daibieunhandan.vn/ro-tieu-chi-de-khong-buong-long-hau-kiem-10394926.html