Kinhtedothi-The Hanoi People's Committee has issued a plan to implement the Capital Law 2024, which stipulates "measures to stop providing electricity and water services to construction works, production, business and service establishments when handling violations", issued before January 1, 2025, to promptly take effect with the Capital Law.
Hanoi's special policy
Recently, the Hanoi Department of Justice held a meeting to develop a Resolution detailing Clause 2 and Clause 3, Article 33 of the 2024 Capital Law.
Accordingly, Clause 2 and Clause 3, Article 33 of the Law on the Capital stipulate:
2. In cases where it is absolutely necessary to ensure security, order and social safety in the city, the Chairman of the People's Committee at all levels may apply measures to request the suspension of electricity and water supply to the following works, production and business establishments:
a) Construction works that are not in accordance with planning, construction works that do not have a construction permit in cases where a permit is required by regulations, or construction works that are not in accordance with the contents of the construction permit; construction works that are not in accordance with the approved construction design in cases where a construction permit is exempted;
b) Construction works on encroached or occupied land according to the provisions of the law on land;
c) Construction works subject to fire prevention and fighting design approval are carried out without a certificate or document approving fire prevention and fighting design from a competent authority;
d) Construction works are not in accordance with approved fire prevention and fighting designs;
d) Construction works, production, business and service establishments that have not been inspected and accepted for fire prevention and fighting but have been put into operation;
e) Discotheque and karaoke service businesses that do not ensure fire prevention and fighting safety conditions;
g) Construction works that must be demolished and have an emergency relocation decision from a competent authority.
3. The electricity and water service provider shall be responsible for stopping the provision of services immediately upon request by the competent person specified in Clause 2 of this Article, ensuring the correct scope, subject and time limit. The right to stop the provision of electricity and water services of the electricity and water service provider in the cases specified in Clause 2 of this Article must be notified to the service user and stated in the electricity and water service contract.
4. The City People's Council shall specify in detail the applicable cases, applicable authority and implementation of measures to request the suspension of electricity and water services as prescribed in Clauses 2 and 3 of this Article.
The Draft Resolution drafting team stated that in Clause 2 of the Capital Law, it is necessary to apply measures to request the suspension of electricity and water services for each group to ensure safety, security, order and social safety. Thus, there are 7 cases where electricity and water will be cut off, but the above cases of electricity and water being cut off will directly affect the rights of the people. Therefore, when drafting the Resolution, it is necessary to determine which cases are necessary.
Representatives of the agencies contributed many opinions to the draft Resolution. The opinions focused on analyzing and discussing which cases are necessary and affect security and order, requiring power and water cuts, the process and the competent authority to stop providing electricity and water services.
According to Deputy Director of the Hanoi Department of Justice Nguyen Cong Anh, when the content of stopping the supply of electricity and water was included in Clause 2, Clause 3, Article 33 of the 2024 Capital Law, the impact assessment was carefully carried out by Hanoi. This is an administrative management measure, not an administrative violation handling measure. This special policy is currently only implemented by Hanoi, as stated in the Capital Law. If approved by the Hanoi People's Council, the resolution will take effect from January 1, 2025, and will only apply to constructions arising after January 1, 2025, not "retroactively", that is, to constructions that violated the law before.
“The draft stipulates the authority to request the suspension of electricity and water services in the direction of assigning it to the Chairman of the People's Committee at the commune level, because this is the level closest to the people and the violating construction. From the time the commune-level government makes a record to determine that the construction owner intentionally violates, it only takes 2-3 days to apply measures to suspend electricity and water supply. The issuance of the resolution does not increase the payroll, does not create a need for additional human resources for the state apparatus, and does not create cumbersomeness in the organization,” said Nguyen Cong Anh, Deputy Director of the Hanoi Department of Justice.
Strong impact on the violators' sense of compliance
Talking to reporters of the Economic and Urban Newspaper, Head of the Justice Department of Son Tay town Dao Hien Chuong commented: Regarding the subjects of application, Clause 1, Article 2 of the draft Resolution stipulates one of the subjects of application of the Resolution as: "Investors, individuals, organizations managing, using, and owning construction works must apply measures to request the suspension of electricity and water services according to Clause 2, Clause 3, Article 33 of the Law on the Capital". It is proposed to add subjects such as individuals, organizations, and households as customers provided with electricity and water services for construction works not subject to the provisions of Article 3 of the Resolution but providing electricity and water to construction works and facilities in violation.
The reason given by the Head of the Justice Department of Son Tay town is to prevent and handle the constructions that must apply measures to request the suspension of electricity and water supply to use electricity and water from other customers before or after this measure is applied. In fact, the practice of allowing the use of electricity and water to violating constructions is common in the period before the handling of the power and water cutoff for violating constructions.
According to former Director of the Hanoi Fire Police Department Nguyen Duc Nghi, when handling illegal constructions, the Hanoi People's Committee, districts, towns and cities have applied many remedial measures but the progress is slow and the handling is not complete. Investors do not voluntarily take corrective measures, so the addition of measures to cut off electricity and water will strongly affect the compliance of violators.
Dr. Architect Dao Ngoc Nghiem - Vice President of the Vietnam Urban Planning and Development Association noted that according to the Constitution, people have the right to electricity and water supply. Therefore, the drafting agency needs to clarify the cases where the measure of cutting off electricity and water when handling violations is "necessary".
Meanwhile, Dr. Nguyen Tien Dinh - former Deputy Minister of the Ministry of Home Affairs proposed to add coercive measures. "Because it is an emergency and life-threatening situation, the authorities continue to allow people to stay, only cutting off electricity and water is not enough. When the authorities have convinced and made a decision but still do not relocate, the emergency measure must be coercive" - Dr. Nguyen Tien Dinh expressed his opinion.
Associate Professor, Dr. Bui Thi An - former National Assembly delegate said that stopping the supply of electricity and water services is very necessary to ensure discipline, law, urban appearance of the capital, as well as directly related to the welfare and security of the people. Recently, in Hanoi, there are still cases of investors not complying with and not complying with legal regulations on construction order, directly affecting the lives of the people.
However, monitoring and implementing regulations to the right subjects and fairly is not only a strong measure to deal with those who disregard the law, but also to convince violators. Because this is a content related to the direct interests of violators, implementation must be standard and avoid incorrect application.
“To do so, it is necessary to publicize the violating constructions and information on the application of measures to stop providing electricity and water services so that socio-political organizations, especially the Fatherland Front at the appropriate level, and the people can monitor and support competent agencies in enforcing the law,” said Associate Professor, Dr. Bui Thi An.
Source: https://kinhtedothi.vn/cat-dien-nuoc-cong-trinh-vi-pham-quyet-liet-ngan-chan-vi-pham-trat-tu-xay-dung.html
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