"It is better to do less but the project must ensure quality"

Citing the case of the Lo River Bridge being discovered to be of poor quality, Deputy Ta Van Ha (Da Nang) proposed that the draft Law on Construction must rectify this situation.

Discussing the Construction Law project at the Dien Hong Parliament this morning, November 14, many National Assembly deputies supported cutting administrative procedures to promote investment and construction more conveniently, but also noted the need to ensure safety control, quality, fire prevention and fighting, and clear handling of violations.

Delegates attending the discussion session. Photo: VIET CHUNG

Need to add mechanisms to strengthen "post-control"

Delegate Nguyen Thi Viet Nga ( Hai Phong ) expressed concern about the possibility of losing control if construction permits are exempted without clear post-inspection. According to the delegate, practice over the past many years has shown that the situation of illegal construction, illegal construction, encroachment on sidewalks, public land, construction beyond floors, change of function... occurs in many places. Many projects are not detected early, only when the project is almost finished or completed are they detected and handled.

Faced with such a situation, along with the context of implementing the 2-level local government model, the team of construction specialists at the commune level is very thin, lacking specialized staff, Deputy Nguyen Thi Viet Nga suggested that, in parallel with cutting down the "pre-inspection" stage and exempting construction permits for some construction works, it is necessary to supplement mechanisms to strengthen "post-inspection" to detect and handle construction violations in a timely manner.

At the same time, clearly define the responsibilities of the People's Committee at the commune level in inspecting, detecting and handling violations of construction regulations right from the beginning; supplement sanctions to handle the responsibility of the head if he/she fails to promptly detect or handle violations in construction works; study the arrangement of forces to support construction management at the grassroots level.

Delegate Nguyen Thi Viet Nga (Hai Phong). Photo: VIET CHUNG

Sharing the same concern, Deputy Ta Van Ha ( Da Nang ) supported the progress in the draft law to remove the regulation on granting construction permits for some types of individual houses for people, but said that it was not yet thorough. "The licensing procedure is troublesome, time-consuming, and even increases negativity and unofficial expenses for people," he said. The draft only removes the licensing for level 4 houses and individual houses under 7 floors in rural areas without planning, according to the Deputy, "it is considered not removed".

Deputy Ta Van Ha emphasized that eliminating licensing procedures does not mean eliminating state management; these two issues need to be clearly distinguished. State management must be implemented through the transparent disclosure of standards, regulations, red lines, density, and height. People only need to submit online registration and commit to implementation. Along with that, it is necessary to strengthen post-inspection and strictly handle violations.

Notably, Deputy Ta Van Ha expressed deep concern about the quality and acceptance of the project. Citing the recent phenomenon of Song Lo bridge, the Deputy emphasized that this is a very serious problem, raising questions about the quality of inspection and acceptance, as well as the responsibility and capacity of the inspection team and equipment, even for key projects.

“If we amend the law this time, we must resolutely put an end to the situation of poor quality. It is better to do fewer projects but ensure quality, rather than chasing quantity,” commented National Assembly member Ta Van Ha.

Delegate Hoang Van Cuong (Hanoi) said that construction works have a great impact on community safety, therefore the role and responsibility of the design unit is very important. The State implements management through this unit. "Individual housing projects, both urban and rural, need to have design drawings made by professional design consultants, sent to the state management agency and this unit must be responsible for compliance with the planning and construction standards of the state", the Delegate proposed.

Apply the principle of “silence is consent” when there are clear standards

Commenting on dispute resolution in construction activities, Deputy Truong Trong Nghia (HCMC) suggested adding content that "allows parties to agree to apply regulations or content according to international practices, as long as they are not contrary to Vietnamese law. This will help resolve disputes in contracts with foreign elements or international cooperation that are very popular in Vietnam," Lawyer Truong Trong Nghia explained.

Delegate Truong Trong Nghia (HCMC) speaks at Dien Hong hall, morning of November 14

Regarding construction order management, the draft regulation stipulates that construction order management is implemented from the time of receiving the notice of commencement of construction, but Deputy Truong Trong Nghia commented that construction order management should be implemented earlier, specifically from the time the investor registers/submits the construction registration dossier, including for projects that do not require a permit.

“When people submit their registration documents, the state agency must verify whether the documents are valid and legal or not. If there are problems (such as overlapping, violating construction laws, violating standards, causing danger or affecting the environment), the management agency needs to check and manage them right away,” the delegate suggested.

Delegate Nguyen Tam Hung (HCMC). Photo: VIET CHUNG

According to Deputy Nguyen Tam Hung (HCMC), the draft has made remarkable adjustments in decentralization, technical standards and databases, but it needs to be further improved to measure results, reduce procedural levels, improve accountability and ensure national defense and security requirements for critical infrastructure. The Deputy suggested considering adding the principle of "one appraisal - multiple uses". The results of the specialized construction agency are mandatory for approval, and do not require additional repeated appraisals.

In particular, Deputy Nguyen Tam Hung proposed to recognize the legal value of private appraisal agencies with conditions for low-medium risk projects; set a ceiling on the time limit for handling documents and apply “silence means consent” to technical items with clear standards. “This approach will shorten time, reduce costs and still ensure project safety,” he explained.

Shift to a management mechanism based on the commitment of people and businesses

Speaking at the end of the discussion session, Minister of Construction Tran Hong Minh admitted that there are many unreasonable points in the current construction licensing process.

According to the Minister, it is necessary to strongly reform the construction licensing procedures by eliminating "duplication and complexity", while shortening the time and shifting to a management mechanism based on the commitment of people and businesses. Regarding the quality of construction works, the Minister affirmed that shortening the appraisal process and ensuring the accuracy of design and survey steps is the key to increasing investment efficiency and putting the works into use in accordance with the original design value. The Minister agreed with the proposal of the Delegate on strengthening the role and responsibility of design consultants.

MR. PHUONG

Source: https://www.sggp.org.vn/tha-lam-it-nhung-cong-trinh-phai-dam-bao-chat-luong-post823409.html