Mr. Bui Van Duong, Deputy Director of the Economic - Construction Investment Management Department, Ministry of Construction, said that the new Construction Law has the spirit of innovating legal construction thinking. The Law only stipulates framework issues of principle nature.
One of the basic contents of the law on construction permits. According to the principle from the preparation stage to the time of construction, the state management agency for construction only controls 1 time for each project and construction work.
Projects/works that have been appraised by specialized construction agencies for feasibility study reports are exempt from construction permits.
For the remaining projects: implement full online procedures; simplify dossiers and conditions; minimize licensing time (expected to be up to 7 days).
In addition to the content on construction permits, the new law has some other important basic contents. The new amended Construction Law stipulates the classification of construction investment projects.
Implement the classification of construction investment projects according to investment forms (public investment, PPP, business investment) instead of classification according to capital sources to ensure that investment activities are carried out according to investment laws, and construction activities are carried out according to the Construction Law.
Regarding the preparation and appraisal of construction investment projects. The investor decider is allowed to use the types of designs in the Feasibility Study Report in accordance with the nature and requirements of the project.
Appraisal content: Specialized construction agencies control construction safety, fire prevention and fighting, compliance with regulations, standards, and conformity with planning as a basis for project development; other contents are assigned to investment decision makers and investors to implement.
Regarding the preparation, appraisal, and approval of construction designs: abolish the procedure for appraising designs implemented after basic designs at specialized construction agencies; delegate control to investors for all construction designs after investment projects are approved; enhance the role and responsibility of design consultants and appraisal consultants in professional contents for these designs.
Amending regulations on project management forms: amending the form "specialized, regional project management board" to "construction investment management board"; for the remaining forms, merging them into "project management organization investor" to increase proactiveness and flexibility in implementation organization, in accordance with the rearrangement of the 2-level local government apparatus.
Regarding construction works: Review and reduce subjects who must carry out procedures for inspection of acceptance work; concretize conditions for starting construction.
Regarding the determination and management of costs: Clearly stipulate the concept, content, methods of determination and management of investment costs, system of norms and construction prices.
Amending regulations related to the use and reference of these tools in determining construction investment costs, ensuring convenience, flexibility, and conformity with specific mechanisms.
Regarding contract management: Adjusting and supplementing a number of regulations to ensure consistency and synchronization with the provisions of the Bidding Law, the 2015 Civil Code and the principle of freedom and voluntary agreement in contract conclusion.
Regarding the management of construction capacity: Abolishing the requirement for capacity conditions and capacity certificates of enterprises; reducing some areas that do not require professional certificates for individuals.
Amending and supplementing regulations to strengthen the application of information technology and digital transformation in state management; encouraging the use of green, smart, environmentally friendly, and energy-efficient materials and works; encouraging the application of construction techniques and technologies, research and application of science and technology, and innovation.
The new Construction Law supplements regulations on information systems and national databases on construction activities.
Construction order management aims to ensure meeting management requirements when promoting decentralization and delegation of power, shifting from pre-inspection to post-inspection.
Ensure the implementation of obligations in construction contracts. Prioritize the use of domestic arbitration to resolve contract disputes for public projects; supplement regulations on force majeure and fundamentally changed circumstances in construction activities.
Collect opinions on ensuring national defense and security for projects/works according to the list prescribed by the Ministry of National Defense and the Ministry of Public Security.
Supplementing an article in the chapter of the provisions on implementation to amend and supplement a number of articles and clauses of laws related to construction investment activities.
