Proposal to expand the scope of exemption from construction permits

Many construction works are proposed to be added to the list of subjects exempted from construction permits.

Minister of Construction Tran Hong Minh - Photo: GIA HAN

On the morning of November 4, Minister of Construction Tran Hong Minh, authorized by the Prime Minister, presented to the National Assembly the draft Law on Construction (amended).

One of the new points of this bill is to amend and supplement regulations on construction licensing in the direction of expanding the subjects exempted from construction licensing and simplifying procedures.

Simplify administrative procedures

Along with that, implementing the principle from the preparation stage to the time of construction commencement, the construction management agency only controls administrative procedures once for each project and construction work.

Projects whose construction feasibility study reports have been appraised by specialized construction agencies are exempt from construction permits.

According to Mr. Minh, the bill also amends and supplements in the direction of simplifying the conditions, order and procedures for granting construction permits; implementing the entire procedure online; simplifying documents and conditions and minimizing the time for granting construction permits (maximum 7 days).

Specifically, according to the bill, before starting construction, the investor must have a construction permit except in the following cases:

State secret works; emergency construction works; works under special public investment projects; works under investment projects under special investment procedures; temporary construction works according to regulations; construction works in land areas used for national defense and security purposes according to regulations of land law;

Works under public investment projects decided on investment and construction by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy , the Supreme People's Court, the State Audit, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and socio-political organizations, and Chairmen of People's Committees at all levels;

Construction works located in two or more provincial-level administrative units; construction works along extra-urban routes in accordance with planning under the law on urban and rural planning or specialized technical planning approved by competent state agencies or with route plans approved by competent agencies.

License exemption for single-family houses under 7 floors in rural areas

Offshore works belonging to offshore construction investment projects that have been assigned sea areas by competent authorities to implement the project; airports, works at airports, works ensuring flight operations outside airports;

Advertising works not subject to construction permits according to the provisions of law on advertising; passive telecommunications infrastructure works;

Construction works belonging to construction investment projects have had their feasibility study reports appraised by specialized construction agencies and have been approved in accordance with regulations;

Level 4 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 law on urban and rural planning;

Construction works for repair and renovation of the interior of a building or construction works for repair and renovation of the exterior not adjacent to an urban road have architectural management requirements according to regulations of competent state agencies.

Repairs and renovations do not change the functionality, do not affect the safety of the load-bearing structure of the building, are in accordance with the planning according to the law on urban and rural planning approved by competent state agencies, and ensure requirements on fire prevention and fighting and environmental protection.

Presenting a report on the examination of the content of construction permits, Chairman of the National Assembly's Committee on Science, Technology and Environment Nguyen Thanh Hai said that there are opinions that permits are not "barriers" but tools to protect rights and social order, the problem lies in the quality and licensing process.

Therefore, it is necessary to simplify the process, clearly define responsibilities, processing time limits and publicize information for people and businesses to monitor.

Besides, according to Ms. Hai, the exemption of construction permits helps reduce procedures but it is necessary to perfect legal regulations in the Construction Law or Land Law to ensure property ownership rights on land.

“In addition, it is necessary to supplement a mechanism to handle violations of licensed projects that are constructed incorrectly according to design, change functions or violate regulations, ensuring consistency and clarity of responsibilities among relevant parties,” Ms. Hai emphasized.

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TIEN LONG

Source: https://tuoitre.vn/trinh-luat-mo-rong-doi-tuong-mien-cap-giay-phep-xay-dung-20251104093711823.htm