Many opinions say that this is a necessary measure to prevent violations of construction regulations in the city.
Many complex violations
Recently, the management of urban construction regulations in the capital has had many positive changes. With the strong direction of the city's leaders and the participation of authorities at all levels and functional forces in the work of inspection, control, detection and handling, the number of violations of urban construction regulations has decreased steadily each year, while prominent violations that have caused public outrage have also been limited.
According to the report data from the Hanoi Department of Construction, every year in the city there are 17,000 - 20,000 licensed construction works of all kinds. In 2016, the rate of violating construction works in the city accounted for 13.9% (2,469/19,138 works), in 2017 it decreased to 10.99% (1,916/17,422 works), in 2018 it decreased to 5.28% (891/16,885 works), in 2019 it decreased to 3.07% (605/19,697 works), in 2020 it decreased to 2.13% (402/18,878 works), by the end of 2023 it had decreased to about 1.67%.
“Under the strong direction of the City, all levels, sectors and localities have strongly participated in the State management of construction activities. Accordingly, many violations of construction regulations have been promptly detected through inspection and examination, and then administrative violations have been handled and the original state has been restored. Thereby, the number of violations has gradually decreased every year, the awareness of compliance with construction laws of people and businesses has been raised, contributing to improving the effectiveness and efficiency of State management and legal discipline” - Deputy Director of Hanoi Department of Construction Mac Dinh Minh said.
Urban construction management has gradually become more organized, especially since Hanoi City was allowed by the Government to implement the pilot project of urban construction management teams, helping the city build a specialized professional management force and limit violations of construction regulations.
However, in reality, the "problem" of urban construction law violations still occurs with many sophisticated tricks of the subjects; at the same time, a number of State management officials show signs of laxity, collusion, and deliberately prolonging the handling time to legalize violations... so the situation of construction law violations in the capital continues to be complicated. Some areas have a high rate of construction law violations such as Cau Giay 14.58%, Chuong My 9.09%, Dan Phuong 6.9%, Gia Lam 5.6%, Hoan Kiem 7.4%, Me Linh 42.5%, Soc Son 10.7%, Thach That 9.8%.
“Currently, some cases of construction violations in the area, after establishing administrative records for handling, still find ways to secretly implement them to avoid the eyes of the authorities. Some sanctions previously allowed to be implemented such as cutting off electricity and water at violating construction works have been abolished in legal documents; meanwhile, the inspection force in the area based on the law's quota is very thin, so it is not possible to control all the complicated violations" - Vice Chairman of Trung Hoa Ward People's Committee (Cau Giay District) Nguyen Manh Hung said.
Assign responsibility to the right person, right job
To improve the effectiveness and efficiency of State management of construction works, in early July 2024, the Chairman of the Hanoi People's Committee issued Document No. 2154/UBND-DT requesting the People's Committees of districts, towns and cities to continue to inspect, review and handle violating works and be responsible for the implementation results.
Accordingly, the Hanoi People's Committee requests specialized departments, branches and People's Committees of districts, towns in the area to promptly detect and thoroughly handle construction works that violate construction regulations according to their authority or promptly make recommendations to competent authorities for handling, not allowing illegal construction works to arise, especially works that violate the law on fire prevention and fighting, have not been accepted for fire prevention and fighting but have been put into operation...
Recently, the City People's Committee has continued to propose to include in the draft Resolution of the City People's Council to solicit comments on measures to request the suspension of electricity and water services at violating constructions based on the 2024 Capital Law. Accordingly, violating constructions include: constructions that are not in accordance with planning; no or incorrect content in the license in cases where a license is required by regulations and incorrect with the approved design in cases where a construction permit is exempted; constructions that are not in accordance with the design or put into use without fire prevention and fighting acceptance... If approved, these regulations will take effect from January 1, 2025.
“Decree No. 139/2017/ND-CP does not allow the implementation of measures to stop the supply of electricity and water to violating constructions. This causes great difficulties for State management agencies in preventing violations by individuals and organizations, especially in large-scale construction investment projects. Hanoi is one of the localities with the highest construction speed in the country, so it is necessary to develop a specific mechanism to serve the management work. I think that the proposal of the Hanoi People's Committee on measures to stop the supply of electricity and water to violating constructions is reasonable and suitable to the actual situation of the city,” said Lawyer Trinh Huu Duc (Vietnam Lawyers Association).
On the other hand, Prof. Dr. Dang Hung Vo said that administrative orders are necessary, but more important is the responsibility of those who carry out public duties. Because besides the problem of people and businesses' awareness of complying with construction laws is still limited; the shirking, evasion of responsibility and even abetting violations by a number of state officials... still occur, leading to the number of reported violations being incorrect; many construction works violating construction regulations are not reported or reported as not violating... This is making law enforcement and handling violations of construction regulations in particular difficult.
“In order for the State management of urban construction regulations to be increasingly effective and ensure the rule of law, the inspection and determination of violations must be carried out seriously, transparently and publicly. From there, it is possible to determine the extent of the violations, what the violations are, who are involved... in order to assign responsibility and handle the right people, the right work. Only then can we limit and prevent violations of urban construction regulations” - Prof. Dr. Dang Hung Vo expressed his opinion.
To prevent and handle violations of construction regulations, in addition to building and issuing strong administrative sanctions, it is necessary to end embezzlement and corruption in planning and construction management. It must be affirmed that people and businesses are always afraid of the law, and without the "support" from state management agencies, they will not be able to arbitrarily violate.
Therefore, to uphold the rule of law, the investigation agency must prosecute all these individuals, including those from the previous term, in order to both eliminate the term mindset and soon bring planning and construction management activities into order.
Chief of Office of Vietnam Association of Architects, Architect Pham Thanh Tung
Source: https://kinhtedothi.vn/vi-pham-trat-tu-xay-dung-can-che-tai-manh-xu-ly-nghiem.html
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