Commenting on the draft Law on Construction (amended), the majority of delegates agreed with the comprehensive amendment of the current Law on Construction to promptly institutionalize the Party's new viewpoints and policies, and remove obstacles and difficulties in practice in recent times.
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Commenting on the draft Law, Vice President of the Vietnam Urban Planning and Architecture Association, Dr. Architect Dao Ngoc Nghiem suggested reviewing the explanation of terms, ensuring selective inheritance of terms and concepts in relevant current laws and adding necessary concepts in the draft Law.
The Vice President of the Vietnam Urban Planning and Architecture Association noted that the current Construction Law mentions 46 terms, but the new draft Law only mentions 32 terms and some terms have not been fully explained.
For example, the concept of "construction works" has not yet reflected the content of artistic creation (related to the Law on Architecture); the concept of "urban area construction investment project" is still a functional area as mentioned in some laws, so it is not necessary to state "with mixed functions" as in the draft Law; the concept of "construction work incident" has real causes including subjective ones (as stated in the draft Law), but also objective causes such as natural disasters, climate change, etc., which also need to be mentioned in the draft Law.
Dr. Architect Dao Ngoc Nghiem said that the relationship between construction activities and construction planning and the national planning system currently has many changes, including the authority to adjust planning (periodically and locally).
Therefore, when determining appropriate planning, it is necessary to specifically determine the type of construction works and construction investment projects to ensure reasonableness and avoid arbitrariness, especially when planning has been allowed not only from top to bottom (national and specialized levels) but also horizontally and bottom to top (with zoning plans, detailed plans...).
The current Construction Law has provided many specific provisions on planning adjustments, but they are rarely implemented in practice. Therefore, Dr. Architect Dao Ngoc Nghiem suggested that the draft Law should have a regulatory framework on planning adjustments for two-level urban authorities and clearly define responsibilities and powers.
Discussion opinions also suggested that, with the two-level local government model, the draft Law should remove authority at the district level, and at the same time specify the tasks of the provincial and commune levels in managing construction order, appraisal, and licensing.
Regarding coordination in traffic infrastructure management, there are suggestions that the draft Law should stipulate a unified coordination mechanism to avoid the situation where each project has to carry out many repetitive procedures for large-scale traffic projects such as highways, airports, and seaports involving many sectors and levels.
Vice Chairman of the Committee for Science, Technology and Environment Tran Van Khai requested the Ministry of Construction and the Drafting Committee to fully absorb the valid and dedicated opinions raised at the Workshop to revise and perfect the draft Law.
“We should boldly include any issues that receive high consensus in the draft. For issues with different opinions, we suggest that the drafting agency study them carefully, discuss further with experts, ministries and branches to find the most optimal solution, and report to the National Assembly Standing Committee for comments before submitting them to the National Assembly,” Vice Chairman of the Committee Tran Van Khai suggested.
Source: https://daibieunhandan.vn/sua-doi-toan-dien-luat-xay-dung-kip-thoi-thao-go-vuong-mac-trong-hoat-dong-xay-dung-10388112.html
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