Attending the meeting were: Standing Committee of Science, Technology and Environment; representatives of Standing Committee of Ethnic Council, Committee of Law and Justice; representatives of leaders of the Ministry of Construction and representatives of a number of relevant agencies and units.
Reporting on the expected content of receiving, explaining and revising the draft Law on Construction (amended), Deputy Minister of Construction Nguyen Danh Huy said that regarding construction permits and construction order management, some opinions said that the regulation on expanding the subjects exempted from construction permits creates favorable conditions for investors but it is necessary to strengthen post-inspection work, pay attention to inspection, examination and handling of violations.
Some opinions suggest that if the project has a complete detailed plan at a scale of 1/500, it is exempt from construction permits; others say that the exemption from construction permits should not be expanded because of difficulties in determining property ownership on land; safety is not controlled.
The Deputy Minister of Construction reported that, with the implementation of the principle of "from preparation to commencement of construction, each project only has to carry out one administrative procedure", this regulation on license exemption includes projects with detailed planning at a scale of 1/500 after the competent authority has controlled the basic contents of planning compliance and safety; only small-scale projects (not subject to appraisal) have to carry out construction permit procedures.
The Draft Law has added the content of construction order management in Article 47 to ensure management requirements when partially shifting from pre-inspection to post-inspection. Construction order management is carried out from the start of construction to acceptance and handover, in order to detect, prevent and handle violations.
For construction works exempted from permits, land law regulations have provided for the determination of assets attached to land. In response to the opinions of delegates, the Ministry of Construction will coordinate with the Ministry of Agriculture and Environment in the process of drafting sub-law documents to avoid missing subjects.
For construction works located in two or more provinces, the drafting agency has accepted and revised the regulation to only exempt construction permits for works along the above routes in two or more provinces.
The Deputy Minister of Construction also said that, accepting the request to clarify the concept of "rural", the draft Law has stipulated that rural areas are determined in the approved general urban and rural planning, overcoming the situation of being rural in nature but belonging to wards after the merger as the delegates' opinions stated.
Regarding the proposal to increase transparency in the licensing process such as converting the construction licensing process to electronic form, connecting to the national database on construction of all administrative procedures, implementing through a one-stop mechanism and converting the construction licensing process to electronic form, the representative of the Ministry of Construction said that the licensing procedure will be regulated to be maximally simplified in the Decree in the direction of: implementing the entire online procedure; simplifying documents and conditions; enhancing the responsibility of design consultants in ensuring construction safety; minimizing the time for licensing (expected to be a maximum of 7 - 10 days). These regulations will reduce at least 30% of time/cost as required by the Government.
Through discussion, the Standing Committee of the Science, Technology and Environment Committee highly appreciated the Government's receptive and serious spirit in researching, receiving and explaining comments to perfect the draft Law.
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Regarding administrative procedure reform, some opinions said that the draft Law has demonstrated a breakthrough by abolishing the procedure for appraising the design implemented after the basic design at the state specialized agency, transferring this responsibility to the investor. At the same time, it expands the subjects exempted from construction permits and adds regulations on the national database as a foundation for digital transformation.
Delegates also requested that the drafting agency continue to receive and fully and thoroughly explain comments on the draft Law to increase the persuasiveness of the Law project before submitting it to the National Assembly for consideration and approval.
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Concluding the meeting, Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai suggested continuing to improve the quality of receiving, explaining and revising the draft Law. Although many comments on the draft Law have been received by the drafting agency, they are not directly reflected in the draft Law but are stipulated in the direction of assigning the Government to provide detailed instructions in writing under the Law.
The Standing Committee of the Science, Technology and Environment Committee agreed with the policy: the draft Law only regulates issues within the jurisdiction of the National Assembly and assigns the Government to provide detailed regulations to create initiative and flexibility in management and operation activities. However, for important issues that require transparent, unified and principled regulations right in the draft Law, the drafting agency needs to continue to review and specify.
In addition, the Vice Chairman of the Committee on Science, Technology and Environment also requested the Government to commit to the progress and quality of issuing documents guiding the implementation of the law, especially for the 88 assigned contents and 27 core technical issues, to avoid legal gaps.
Source: https://daibieunhandan.vn/thuong-truc-uy-ban-khoa-hoc-cong-nghe-va-moi-truong-lam-viec-voi-bo-xay-dung-10396578.html
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