There should be a solution to restrict hanging planning
(Constructing) - At the 43rd Session, the Standing Committee of the National Assembly gave comments on issues related to the Bill on amending and supplementing a number of articles of the Construction Law, of which, a the number of National Assembly deputies calling for a solution to restrict "suspended" planning. At the same time, it is necessary to issue a construction permit for a definite term in the slow-planned land plots to protect the lawful rights and interests of the people.
Reporting some major contents in the acquisition and revision of the law project, Chairman of the Committee of Science, Technology and Environment Phan Xuan Dung said that the Standing Committee of the Committee agreed with the need to enact the Law together with scope of regulation and name as the draft Law.
According to the Verification Committee, regarding the delayed implementation plan, the law on construction planning has provisions on reviewing the planning to promptly consider adjustments to suit the development situation (Article 46, Law Urban planning and Article 15, Construction Law). The current Construction Law has regulations on the construction of separate works and houses for a definite time in the planning area.
In fact, there are many plans that are implemented too late and last longer than the regulations, causing many difficulties, affecting the lives and legitimate rights and interests of organizations and individuals. Therefore, to ensure compliance with the 2013 Land Law, the Draft Law amended and supplemented the regulations on granting construction permits with a definite term to protect the lawful rights and interests of people in the areas. Slow implementation plan.
Regarding the necessity of regulations on investment projects on construction of urban areas, the Standing Committee of the Science, Technology and Environment Committee said that investment projects on construction of urban areas have a number of characteristics such as diversity of forms and objectives, with high requirements for uniformity in technical and social infrastructures, using of large resources of land and having great impacts on socio-economic development. life of a large part of urban population, often deploying construction investment for a long time, both constructing, and exploiting ...
Therefore, in order to better manage and control the above issues, the Draft Law has supplemented the concept of documents, project evaluation and project handover so that no administrative procedures are incurred. new, does not change the responsibilities of stakeholders.
Regarding the construction planning and the granting of construction permits for a definite term on land with delayed planning, the Verification Committee found that the contents of the construction planning in the 2009 Urban Planning Law and the Law Construction 2014 has been reviewed, amended and supplemented in the Law Amending and Supplementing a Number of Articles of 37 laws related to planning, ensuring conformity and consistency with the Planning Law.
At the same time, it was clarified which type of planning belongs to the national planning system, which planning is a specialized technical planning, specifying conditions and order of local adjustment of construction planning to ensure the implementation in accordance with the provisions of the Planning Law. However, during the implementation process, problems related to the organization of preparation and approval of zoning planning of functional areas. Therefore, this provision is amended and supplemented on the competence to approve construction zoning planning.
Regarding the classification and grade of construction works, construction investment projects, and receiving opinions of National Assembly deputies, the draft Law still inherits the regulations on classification and grade of works in the current Law, but has eliminating some of the grading criteria specified in technical regulations and specialized technical standards (regarding shelf life, construction materials and technical requirements).
Regarding the proposal of reforming administrative procedures for the process of appraising construction licensing, especially for separate housing constructions, the draft Law has provided regulations on the basis of the review in accordance with the principles of integration two procedures of appraising construction design and construction permit, ensuring convenience and ventilation for people and businesses. Accordingly, all works that have been appraised and approved by construction specialized agencies after basic designs are exempted from construction permits.
For works subject to both procedures for evaluation of designs implemented after basic designs and construction permits according to the current Law, the draft Law prescribes the integration of a number of contents of design evaluation. Construction is considered at the same time in the construction permit step, reducing the total time for evaluation and construction permit issuance.
At the same time, the draft Law has stricter regulations on licensing for construction works, individual houses in rural areas. Accordingly, only exemption of construction permits for construction works in rural areas and individual houses in areas without urban construction planning, functional area construction planning or residential area construction planning rural areas, except for works built in conservation areas and historical-cultural relics.
Tue Minh (Image: H.Page)
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