Carefully calculate the exemption of construction permits to avoid disputes.

Continuing the 51st Session, on the morning of November 24, the National Assembly Standing Committee gave opinions on explaining, accepting, and revising the draft Law on Construction (amended).

The report on receiving, explaining and revising the draft Law of the Government presented by Deputy Minister of Construction Bui Xuan Dung said about 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.

There are suggestions that if the project has a complete detailed plan at a scale of 1/500, it will be exempt from a construction permit; however, there are also opinions that the exemption from a construction permit should not be expanded, because of difficulties in determining property ownership on land and concerns about uncontrolled safety.

Some opinions suggested increasing 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 Government should be assigned to guide in the direction of simplifying records and procedures; integrating into the public service portal; using national data; reducing at least 30% of administrative procedures.

Regarding this issue, Deputy Minister of Construction Bui Xuan Dung said that the Government clearly stated the principle that "from preparation to commencement of construction, each project only has to carry out one administrative procedure." This provision on license exemption includes projects with detailed planning at 1/500 scale 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 licensing procedures will be regulated to be simplified to the maximum in the Decree in the following directions: 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 according to the Government's requirements.

Chairman of the Committee for Science, Technology and Environment Nguyen Thanh Hai presented a report on opinions on the reception, explanation and revision of the draft Law on Construction (amended), in which he affirmed that the drafting agency has made many efforts in receiving and revising to complete the draft Law.

The Standing Committee of the Committee found that there are still 5 issues that need to be carefully considered to ensure feasibility and safety, namely: risks in construction quality in the "post-inspection" mechanism; decentralization and delegation of authority need to go hand in hand with capacity; mechanism for handling violating constructions; handling constructions to put into operation when there are incidents; issues of exemption from construction permits and property ownership rights on land according to the Land Law; transitional regulations; pressure on the system of sub-law documents due to the large number of documents that need to be guided for implementation.

Speaking at the meeting, National Assembly Chairman Tran Thanh Man requested the drafting agency and the reviewing agency to continue to closely coordinate and perfect the draft Law.

Regarding the expansion of exemption from construction permits, the National Assembly Chairman noted that this is an issue that needs to be carefully calculated to ensure feasibility and avoid complicated disputes and complaints. Particularly regarding the expansion of exemption from construction permits for individual rural houses, the National Assembly Chairman requested that the limits on area scale be clearly defined; the condition that the location of the construction exempted from permits must not be within a traffic corridor or heritage area.

Regarding the construction of a national database on construction, the National Assembly Chairman emphasized the need to strengthen digital transformation, digitize information and apply artificial intelligence (AI) to strengthen inspection and control in the construction sector. To achieve this goal, it is necessary to have serious preparation in finance, technology, human resources and coordination mechanisms between relevant ministries and branches in integrating and sharing data./.

(TTXVN/Vietnam+)

Source: https://www.vietnamplus.vn/tinh-toan-ky-viec-mien-giay-phep-xay-dung-tranh-phat-sinh-tranh-chap-post1078924.vnp