Vinh Long voters reflected that the Construction Law No. 50/2014/QH13 was issued by the National Assembly on June 18, 2014 and amended and supplemented by Law No. 62/2020/QH14 dated June 17, 2020.
Because the Construction Law has been issued for more than 10 years and amended and supplemented for nearly 5 years, while the state management of construction activities has now changed due to the arrangement and reorganization of administrative units at all levels and the shift to the model of local government at 02 levels, so the decentralization and delegation of authority has changed compared to the provisions of the law on construction.
The determination of commune-level investors is related to the Law on Public Investment and the Law on State Budget, accordingly assigning the commune-level economic department to be the investor, appraising, submitting for approval the project, the implementation design after the basic design, appraising the settlement of the completed project; at the same time, according to the Law on Public Investment and the Law on State Budget, the commune-level economic department shall establish and assign a public investment capital plan, regular expenditure every year and period.
To ensure the synchronous implementation of the tasks of the 02 level government, it is recommended to soon issue a replacement for the Construction Law to facilitate the implementation of construction investment projects at the commune level.
After studying, the Ministry of Construction would like to answer as follows:
In response to the opinions of voters in Vinh Long province, the Ministry of Construction has advised the Government to submit to the 15th National Assembly on the draft Law on Construction (amended); accordingly, it has amended and supplemented regulations on determining investors for different types of projects (including public investment projects) to ensure consistency with the model of local government at 02 levels and the promotion of decentralization and delegation of authority.
The draft Law on Construction (amended) is expected to be approved by the 15th National Assembly at the 10th Session.