Mr. L.D.P said that his Project Management Board was assigned by the Provincial People's Committee to be the investor to organize the implementation of compensation, support and resettlement for the railway construction investment project.
The project has been decided by the National Assembly on the investment policy on February 19, 2025; in which the Provincial People's Committee with the project is assigned to implement the construction of a resettlement area for the project based on the preliminary design documents in the pre-feasibility study report decided by the National Assembly on the investment policy.
During the implementation process, Mr. Phuong's unit encountered some problems.
First, regarding the authority to appraise and approve the cost estimate for the master plan (for resettlement areas with a land use scale of less than 5 hectares).
Second, regarding the selection of fire prevention and fighting design solutions for resettlement areas (due to resettlement areas in many different areas and of different scale.
Mr. P suggested that competent authorities provide specific guidance on the scale and method of determining the resettlement area to apply fire prevention and fighting design solutions according to the provisions of the Law on Fire Prevention, Fire Fighting and Rescue to have a basis for organizing project implementation, ensuring compliance with current legal regulations, meeting the requirements of progress.
The Ministry of Construction responds to this issue as follows:
The implementation of the establishment and approval of the master plan shall comply with the provisions of Article 10 of Decree No. 178/2025/ND-CP dated July 1, 2025 of the Government detailing a number of articles of the Law on Urban and Rural Planning.
In case the investor implements the construction investment to develop a master plan as a basis for project establishment, according to the provisions of Point a, Clause 1, Article 4 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing a number of articles and measures to implement the Construction Law on construction management, construction work, appraisal and approval of planning according to the law on urban and rural planning as a basis for project establishment under the project preparation phase.
The appraisal and approval of project preparation costs shall be implemented in accordance with the provisions of Article 10 of Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on management of construction investment costs.
The works must have their fire prevention and fighting designs appraised.
Clause 1, Article 6 of Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government stipulates:
"The project must be assessed by the feasibility study report on construction investment, construction design implemented after the basic design at the specialized construction agency and is included in Appendix III attached to this Decree and must be assessed by the specialized construction agency for fire prevention and fighting. The implementation of fire prevention and fighting design appraisal in the feasibility study report, construction design implemented after the basic design and the time to return appraisal results of fire prevention and fighting design are integrated and integrated with the process of appraisal of feasibility study report, construction design implemented after the basic design and return of appraisal results according to the provisions of the law on construction".
Accordingly, based on the nature, scale, capital and granting of works in the resettlement area approved by competent state agencies to compare with subjects subject to appraisal of the Construction Investment Feasibility Study Report at a specialized agency on construction according to the provisions of the law on Construction and subjects in Appendix III of Decree No. 105/2025/ND-CP to determine whether works in the resettlement area are subject to appraisal of fire prevention and fighting designs or not?
