Proposal to regulate slow construction licensing, licensors must compensate

Xuyên Đông |

According to the draft Law on Construction (amended), the competent authority issuing the construction permit must compensate for damages due to incorrect issuance or slow issuance of the permit according to the provisions of law.

The Ministry of Construction is submitting to the Ministry of Justice a dossier for appraisal of the draft Construction Law (amended).

According to Article 45 of the draft, which stipulates the rights and responsibilities of competent authorities granting construction permits; responsibilities of agencies and organizations related to granting construction permits as follows:

1. Rights of the competent authority issuing the construction permit:

a) Request investors, organizations, and individuals to prepare construction designs to provide, explain, and clarify information for granting construction permits.

b) Request the investor to hire a consulting organization to conduct a fire prevention and fighting design review for works subject to fire prevention and fighting design appraisal according to the provisions of the law on Fire Prevention, Fire Fighting and Rescue when necessary during the process of granting construction permits.

c) Resignation to implement requirements that distort the results of construction permit issuance or requirements beyond the capacity and scope of construction permit issuance as prescribed.

2. Responsibilities of the competent authority issuing the construction permit:

a) Publicly post and explain and guide the provisions of the law on granting construction permits.

b) Monitor, return results or notify the investor about documents that are not eligible for a construction permit.

c) Issuing a construction permit according to the process and within the prescribed time limit.

d) Preside over and coordinate with relevant authorities to inspect the implementation of construction according to the construction permit; suspend construction, revoke construction permits according to regulations.

d) The competent authority issuing the construction permit must be responsible before the law and compensate for damages caused by incorrect licensing or delayed licensing according to the provisions of law.

e) Check the validity of the construction permit application.

3. Responsibilities of agencies and organizations related to the issuance of construction permits:

a) Comparing the conditions prescribed in this Law to send documents to collect opinions from state management agencies on areas related to construction works according to the provisions of law.

b) Take necessary measures when receiving notices from competent authorities handling violations of construction works that are not planned, constructed without a permit or not in accordance with the granted construction permit.

Xuyên Đông
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