The Government Inspectorate has just issued a Conclusion on the inspection of the responsibility for state management of planning and implementation of construction planning of the Ministry of Construction (2015-2022 period).
According to the inspection conclusion, from 2015-2022, the provisions of the law related to investment in construction, business, and management of construction works (Investment Law 2014, Land Law 2013, Construction Law 2014, Housing Law 2014) do not have separate regulations on the types of Condotel (hotel household), Officetel (combining office for rent with hotel).
However, the Department of Construction Management (Ministry of Construction) has organized the appraisal of the basic design and feasibility study report of 111 real estate business projects related to these two types.
In particular, from 2015 to before July 1, 2022, the Department of Construction Management activities appraised the basic design and feasibility study reports of 98 real estate business projects under the Condotel and Officetel types.
The inspection agency confirmed that this is not in accordance with Point d, Clause 2, Article 58 of the Construction Law.
The Government Inspectorate assessed that the period 2011-2020 lacks a mechanism to synchronously monitor the development and completion of institutions and policies related to housing development, with complicated and overlapping procedures between legal regulations. Meanwhile, housing prices are high, complicated in large cities;
Lack of regulations for real estate products with new accommodation functions on the market such as Shop house, Condotel, officetel. The information system on the housing and real estate market is slow to update, incomplete, not easy to access, use and lacks connection to the database.
Through the inspection of 18 dossiers assessed by the Department of Construction Management, the Government Inspectorate found many shortcomings and violations of this unit in various stages, from receiving dossiers, collecting opinions from relevant agencies on land use to issuing documents to appraise and conclude without clearly stating whether the project is eligible for implementation or not.
At The Arena Project (Nha Trang City, Khanh Hoa) invested by Tran Thai Cam Ranh Joint Stock Company, the Department of Construction Management could not provide documents and papers proving that it had received enough documents when appraising the basic design.
This unit also appraised the basic design for buildings A1 and A2 when there was no approved detailed plan, and adjusted many incorrect parameters, reducing them compared to the detailed plan after approval.
The Department did not consult relevant agencies on land use and issued an appraisal document not clearly concluding whether the project is eligible for implementation of the next steps or not.
Similarly, in many other projects such as Thanh Dat Hotel (Nha Trang City), Van Phong High-end Hotel (Nha Trang City), Dong A Premier and Apartment Hotel (Nha Trang), Nha Trang Center 2 Complex and Tecco Complex Apartment Complex (Thai Nguyen City), the Department of Construction Management also could not provide complete documents, delayed appraisal or did not ask for opinions from relevant agencies on land use.
From the inspection conclusion, the Government Inspectorate recommended that the Ministry of Construction conduct a review to clarify the responsibility of relevant collectives and individuals under the Ministry of Construction in allowing the existence, limitations and shortcomings in performing the function of state management of planning and implementing construction planning.
