Avoid leaving legal mechanisms blank in project establishment, appraisal and construction investment decisions.

Vice Chairman of the National Assembly Le Minh Hoan chaired the meeting. Photo: Quang Khanh

Continue to improve the investment and business environment in construction investment activities.

The proposal for the Law on Construction (replacement) presented by Minister of Construction Tran Hong Minh said that the development of the Law project aims to continue institutionalizing the Party and State's guidelines and policies on perfecting the law on the socialist-oriented market economy in the direction of building a favorable, open, transparent, safe legal environment with low compliance costs.

Continue to improve the investment and business environment, simplify administrative procedures in construction investment activities, create favorable, transparent and equal conditions for people and businesses; overcome limitations and shortcomings in construction investment practices; ensure the synchronization and unity of the legal system.

The Draft Law has been rearranged and restructured to include 8 Chapters and 97 Articles (71 articles less than the current law), with the scope of regulation regulating construction activities; rights, obligations, responsibilities of agencies, organizations, individuals and state management in construction activities.

The Draft Law is amended and supplemented with a number of articles on the basis of inheriting and developing regulations that have been applied stably, effectively, and tested in practice, including: regulations on types and levels of construction works; insurance in construction activities; international cooperation in construction investment activities, etc.

The revised contents focus on groups of issues, namely, innovating methods and improving the efficiency of construction investment management; cutting down and simplifying administrative procedures and investment and business conditions; clearly defining state management responsibilities and responsibilities of entities participating in construction activities.

Son La Group — Delegates attending the meeting. Photo: Ho Long

The Draft Law also adds provisions on the Information System and National Database on Construction Activities to “identify works” and promote digital transformation in state management and public service provision. Adds provisions on management and use of construction works to supplement specific requirements for management and exploitation of technical infrastructure works…

There is no strict regulation that "construction professional agencies" must directly appraise.

The review report presented by Chairman of the Committee on Science , Technology and Environment Nguyen Thanh Hai stated that the Committee agreed with the comprehensive amendment of the Law on Construction; and that the draft Law dossier basically met the requirements prescribed in the Law on Promulgation of Legal Documents for draft law dossiers submitted under the simplified procedure.

Regarding the incentive policy in construction investment activities (Article 11), the Committee found that Article 11 of the draft Law reflects the policy of developing sustainable, modern, energy-saving and environmentally friendly construction, but the scope is too broad, prone to overlap and lacking clear criteria and authority. Combining investment and construction policies may cause difficulty in distinguishing management functions.

Therefore, it is necessary to review and adjust to focus on mobilizing social resources, applying science and technology, innovation, digital transformation and incentive mechanisms in construction. At the same time, it is recommended to clarify criteria, conditions, competent authorities and avoid duplication with investment, tax and land policies.

Overview (Chairman of the Committee on Science, Technology and Environment) — View of the meeting. Photo: Ho Long

Regarding construction investment project management (from Article 16 to Article 34, Chapter II), some opinions said that Chapters II and III of the draft Law stipulate quite a lot about the rights and responsibilities of entities in construction activities.

However, there is still a lack of connection with the contract mechanism and legal tools that directly regulate the relationship between the parties, including the principle of "contractual compensation" to ensure flexibility, self-responsibility, compliance with the principles of freedom, voluntary commitment, limiting administrative intervention and avoiding duplication with the Civil Code and the law on bidding.

Besides, there are opinions that the classification of construction projects should be based on the purpose and scale of the project to ensure reasonableness in licensing, management and processing of records.

Regarding project establishment, appraisal and construction investment decision (from Article 23 to Article 28), the new draft Law only stipulates appraisal authority for public investment projects, PPP and business investment, but has not clarified the group of "other construction investment projects".

Vice Chairman of the National Assembly Le Minh Hoan chaired the meeting. Photo: Ho Long

Therefore, it is necessary to supplement specific regulations on appraisal authority for projects using other budget capital, ODA capital or preferential loans to avoid leaving legal mechanisms vacant.

In addition, there are opinions suggesting not to strictly stipulate that "construction professional agencies" must directly appraise as in Article 27, in order to avoid overlapping functions between state management agencies and appraisal organizations, while creating conditions for socialization of appraisal activities, improving efficiency and transparency in construction investment management.

Source: https://daibieunhandan.vn/tranh-bo-trong-co-che-phap-ly-trong-lap-tham-dinh-du-an-va-quyet-dinh-dau-tu-xay-dung-10394259.html