Deputy Prime Minister Tran Hong Ha emphasized that one of the important requirements of the draft Decree is to promote decentralization to ministries, branches and localities in managing construction investment projects, ensuring that it is correct and consistent with the authority prescribed in the Law.
Delegates need to focus on analyzing and clarifying the extent to which decentralization meets practical requirements; the implementation capacity of ministries, branches, and localities; regulations, criteria, and implementation conditions... to ensure "decentralization goes hand in hand with implementation capacity, without lowering standards or safety".
Project reduction must be appraised by construction professional agencies.
Reporting at the meeting, Deputy Minister of Construction Bui Xuan Dung said that the draft Decree consists of 7 chapters, 123 articles and 11 appendices.
Compared with Decree No. 15/2021/ND-CP, the draft Decree has proposed to decentralize the authority to appraise feasibility study reports and implementation designs after basic designs to specialized construction agencies under provincial People's Committees, except for Group A projects with level I works with complex technical requirements; reduce some level I works to level II in accordance with the level of complexity; reduce the number of projects that must be appraised at specialized construction agencies; clearly stipulate that in cases of project adjustment and designs with simple content, there is no requirement to return to appraise at specialized construction agencies...
The draft Decree also standardizes the regulations on the components and contents of the dossier required to carry out administrative procedures, removes the requirement to provide information and legal documents already available on the national database system on construction activities and the national database on land. Eliminates some cases requiring a certificate of capacity for construction activities. Combines some areas of practice certificates that do not require specialized expertise, and extends the validity of individual practice certificates from 5 years to 10 years.
In order to remove practical difficulties, the Draft Decree amends, supplements and clarifies a number of concepts such as: Apartment buildings; projects using foreign investment capital for public investment; underground works; zoning plans replacing general plans as the basis for establishing framework technical infrastructure projects in functional areas with a scale of less than 500 hectares; authority to establish specialized and regional investment project management boards, etc.
The Ministry of Construction also asked for opinions on the regulation of "foreign capital for public investment" according to two options: Review and compile statistics on state capital sources currently regulated in relevant laws; do not list specific types of capital sources but only provide general regulations.
Classification based on criteria and technical standards
Discussing at the meeting, leaders of ministries and branches focused on analyzing, evaluating and clarifying major contents related to the draft Decree: Political and legal basis, practice of drafting the Decree; purpose, scope of regulation; expected resources, conditions to ensure the implementation of the Decree when issued;...
Deputy Minister of Agriculture and Rural Development Nguyen Hoang Hiep said that the Ministry has closely coordinated with the Ministry of Construction in contributing opinions and perfecting the draft decree. The agency in charge of drafting the Decree needs to be more specific in decentralization and delegation of authority, ensuring administrative reform and simplifying administrative procedures in implementing construction investment projects.
At the same time, it is necessary to clarify the authority and procedures for granting permits to adjust basic designs for specialized construction agencies; pay attention to amending and supplementing regulations on determining appraisal authority according to the scale of component projects for projects implemented according to component projects...
Basically agreeing with the contents of the draft Decree, the representative of the Ministry of Transport mentioned the regulations on the authority to establish specialized investment project management boards to suit the actual operations, in the spirit of amendments to meet the requirements of promoting decentralization, creating initiative for ministries, branches and localities in implementing and managing construction investment projects.
Considering that the Ministry of Construction has explained quite fully the contents and major issues, however, the representative of the Ministry of Justice suggested that it is necessary to review to have clearer regulations on the scope of regulation as well as consistency in the legal system and international treaties and commitments that Vietnam participates in, especially international agreements on ODA in the draft Decree; ensuring that the terms and regulations in the draft Decree are clear, do not overlap, and do not cause different interpretations when applied.
Chairman of the Vietnam Association of Construction Contractors Nguyen Quoc Hiep proposed to further reduce and simplify procedures, design documents, and project appraisal, which are currently cumbersome and time-consuming in the process of establishing and implementing projects. In addition, there should be clearer regulations on criteria for construction investment projects, especially criteria on importance, capital scale, project complexity, etc.
Basically agreeing with the content of the draft Decree and from local reality, leaders and representatives of some localities such as Hanoi, Dong Thap, Hai Phong, Da Nang, etc. contributed many opinions related to removing difficulties in construction investment procedures; principles of project establishment, appraisal, and approval; project classification; decentralization and delegation of authority to localities in implementing projects; performing survey and construction design tasks; granting construction permits;...
Eliminate unnecessary, cumbersome steps and procedures
Concluding the meeting, Deputy Prime Minister Tran Hong Ha requested ministries, branches and localities, based on reality and practical operations, to continue to have valid opinions for the Ministry of Construction to absorb, supplement and complete the draft, ensuring progress and quality, including the content on law application; subjects and scope of regulation of the Decree; transitional provisions; references and citations of specialized laws;...
"Difficulties and obstacles in the implementation of other decrees related to the construction sector can be considered and included in this Decree, facilitating management and administrative procedure reform," the Deputy Prime Minister noted.
The Deputy Prime Minister requested the Ministry of Construction to strengthen the scope of decentralization of authority to ministries, branches and localities in appraising and approving investment policies, pre-feasibility study reports, feasibility study reports, technical designs... closely following the provisions of the law, "eliminating cumbersome and unnecessary steps and procedures"; clarifying the contents of construction investment projects that need to be re-appraised and approved when there are changes...
According to the Deputy Prime Minister, instead of decentralizing based on project group classification (A, B, C), the Ministry of Construction needs to study the plan to decentralize projects that have clear criteria and technical standards to the maximum, while specialized construction agencies are responsible for appraising projects that are being implemented for the first time in Vietnam or are of a special or specialized nature.
In the activities of assessment, granting of practice certificates, construction and review activities, there are regulations for full management of operating conditions and establishment of a database of organizations and individuals practicing the profession... from the stages of training, granting of certificates, public announcement, and inspection, examination and handling of violations.
The Deputy Prime Minister hopes that after being issued, the Decree will be a better management tool in managing construction investment projects with simpler administrative procedures./.
Source: https://baotainguyenmoitruong.vn/phan-cap-quan-ly-du-an-dau-tu-xay-dung-di-doi-voi-nang-luc-thuc-hien-379021.html
Comment (0)