The survey team of the Committee for Science, Technology and Environment worked with the People's Committee of Da Nang City

Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai chaired the meeting. Also attending were: Deputy Minister of Construction Bui Xuan Dung; Vice Chairman of the Da Nang People's Committee Le Quang Nam and representatives of the city's departments and branches.

The working group conducted a survey of a number of traffic and construction projects in Da Nang City.

Modifications to meet sustainable development

Speaking at the working session, Deputy Chairman of the Committee for Science , Technology and Environment Tran Van Khai said that the 2014 Construction Law (amended and supplemented in 2020) after more than 10 years of implementation has contributed to improving the effectiveness of management, infrastructure and urban development, ensuring safety and quality of works.

However, practice has revealed many shortcomings and inadequacies such as: some regulations on capital classification are still overlapping and inconsistent with the Investment Law, Public Investment Law, and Public-Private Partnership Investment Law; administrative procedures are still complicated and do not meet the requirements of reduction and simplification; regulations on cost management and construction contracts are still inflexible and have not been adjusted promptly in force majeure situations or fundamentally changed circumstances; the organizational mechanism of the Project Management Board is not suitable after the restructuring of the local government apparatus according to the 2-level model; some regulations are no longer suitable for the reality of smart urban development, digital transformation, green economy, and circular economy.

Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai acknowledged the opinions and proposals of businesses.

Therefore, comprehensive amendment of the Construction Law is necessary to institutionalize the Party's policies and guidelines, meeting the requirements of sustainable development and national modernization in the new era.

Many large real estate projects are facing difficulties.

According to the Vice Chairman of the Committee for Science, Technology and Environment, the draft Law has introduced many new points: promoting administrative procedure reform, shifting from pre-inspection to post-inspection; improving cost and contract management; encouraging the development of new materials, green buildings, applying BIM technology, building a national database on construction, synchronously connecting with land and planning databases...

Da Nang raised many recommendations and proposals to perfect the draft Law.

Reporting at the meeting, Director of the Department of Construction of Da Nang City Nguyen Ha Nam said that the implementation of the Construction Law still has many shortcomings, affecting the progress and effectiveness of project implementation.

Survey team works with Da Nang City People's Committee

Regarding planning procedures, the city recommends that in some cases, especially with public investment projects decided by the Chairman of the People's Committee at all levels, it is necessary to allow the integration of detailed planning, master plan, and construction location into the investment project dossier for approval, instead of having to prepare them separately.

Regarding project implementation, Da Nang reflects that current laws do not clearly distinguish between the investor and the project management unit; it is recommended that the amended Construction Law should clearly define these two roles, while also paying attention to commune-level investors and public asset maintenance and repair projects.

Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai spoke at the working session

Regarding the implementation process, the city believes that there are currently problems when the actual total investment exceeds the preliminary total investment in the investment policy. It is proposed to amend the law to allow the investor to approve the feasibility study report with a capital level 10-15% higher than the initial policy, and at the same time have a suitable reporting and payment mechanism for the consulting unit in case the project has to stop.

Regarding the role of a construction professional agency, Da Nang reflects the overload situation due to the increasing workload and the reduction of human resources. The city proposed to amend regulations to reduce the workload for professional agencies, while increasing the responsibility of investors, consulting and construction enterprises.

In the field of construction human resources, the locality pointed out the current situation of human resources being both lacking and weak, difficult to recruit, and having low income; it recommended the need for incentive mechanisms, innovation in capacity management methods, and reduction of administrative procedures and practice licenses.

National Assembly member working full-time at the Committee on Science, Technology and Environment Nguyen Ngoc Son speaks at the working session

The People's Committee of Da Nang City also made many specific proposals for the draft Law, including: adding a definition of project implementation time; adjusting regulations on specialized agencies; clearly defining the responsibility of investors for infrastructure repair and maintenance projects; specific regulations on "abnormal fluctuations in material prices", "prolonged delays in site clearance"; adding content on socio-economic surveys and material sources when establishing projects.

Regarding construction permits, Da Nang agrees with the expansion of the subjects exempted from licensing but proposes to add a mechanism for inspection and handling of violations at the commune level; and add regulations on management of non-budget capital works in exploitation and use. Regarding investment costs and construction contracts, the city recommends gradually shifting from the norm mechanism to the price management mechanism to suit reality, and at the same time adjusting related regulations to avoid overlapping with the Law on Bidding.

In addition, Da Nang emphasized the need to study the removal of the mechanism for granting practice certificates and replace it with an electronic data system on individual and organizational capacity to serve bidding and project management.

Regarding the coordination mechanism between the Central and local levels, the city proposed that the Central focus on research, promulgation of policies, development of industry databases, and improvement of human resource training; while localities update data and promptly reflect practical difficulties. Regarding the management of state-funded projects, Da Nang proposed switching to an input-output control mechanism, increasing responsibility for the subjects, and at the same time having a separate mechanism for national key projects, especially in the stages of site clearance, contractor selection, and quality management.

Director of the Department of Construction of Da Nang City Nguyen Ha Nam proposed amendments to the Law on Construction (amended)

Acknowledging the comments and suggestions of the leaders of the People's Committee of Da Nang City as well as the delegates attending the conference, Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai commented that the comments focused on the practical difficulties of Da Nang - a special urban area, a large socio-economic center of the Central region in planning, construction management, smart urban development, coastal infrastructure, construction order management and climate change response.

On that basis, the Standing Committee of the Committee will direct research, fully absorb, and develop an appraisal report to submit to the Standing Committee of the National Assembly and the National Assembly for consideration. At the same time, it is requested that the Ministry of Construction - the drafting agency - study and absorb comments to complete the draft Law on Construction (amended).

The Vice Chairman of the Committee for Science, Technology and Environment also requested the People's Committee of Da Nang City to direct relevant departments, branches and units to complete the official report and send it to the Standing Committee of the Committee, to serve as a basis for the process of reviewing and revising the draft Law; requested the Construction Law Group of the Committee to closely coordinate with the Ministry of Construction and relevant agencies to receive and complete the review report and documents for the upcoming meeting of the Standing Committee of the National Assembly.

+ Earlier, on the same morning, the Delegation conducted a survey of a number of major construction and traffic projects in Da Nang city such as: a survey at the project to upgrade and expand National Highway 14B; a survey at the high-end cultural, entertainment, commercial and service park (Da Nang Downtown); a survey at the Han River tourist service area. At these projects, the Delegation recorded the suggestions and recommendations of businesses and investors.

Source: https://daibieunhandan.vn/doan-khao-sat-cua-uy-ban-khoa-hoc-cong-nghe-va-moi-truong-lam-viec-voi-ubnd-tp-da-nang-10389023.html