Investment procedures under 15 billion are not allowed to lease or grant land. Therefore, it is necessary to review this regulation to make it suitable. Investment projects that require land use have cumbersome, complicated and lengthy procedures, hindering the investment process. Many localities issue many additional procedures that cause inconvenience to investors. In some provinces, to complete land lease procedures for a project, it is necessary to go through 50 procedures, go through 10 inspection and approval gates, taking about 400 days, which has affected investment work. Administrative procedures for BT, BOT, BOO projects are complicated and the licensing authority is concentrated at the central agency, which is not very reasonable. There are too many types of duplicate documents, many documents have the same content but different names such as "investment registration documents", "technical economic reports"; "Basic explanation" according to construction law, "economic and technical explanation" according to investment law, make investors spend money when doing procedures.
The regulation on compensation agreements between enterprises and people for land that is not recovered for the construction of public works and national security and defense has caused difficulties in the process of recovering land for economic development projects, slowing down the investment process and attracting investment. Because when investors and people do not reach an agreement, there is no sanction, and it creates unfairness between people whose land is recovered for public works, national security and defense works and land that enterprises compensate dozens of times differently in the same piece of land, slowing down the construction process because the people do not agree with the low price, leading to the government having to enforce, as a result, the people who are forced will resist, file lawsuits or complain about the government. This is a content that displeases the people, causes injustice and hinders investment, so it is proposed that the state implement compensation with the same price policy, creating fairness and reasonableness.
- Regarding the construction law: Article 36 stipulates "for large-scale projects...", so what scale of project is considered large, which agency issues the investment license? It means that granting the investment license and then carrying out the investment procedures is unreasonable and against the investment law. Furthermore, the construction law does not stipulate urban inspection but only stipulates construction inspection, so which agency will inspect violations of urban planning, illegal construction in urban areas, and inspection
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The construction inspection department is too thin and far from the violating area, so it is necessary to regulate the organization of urban inspection. In Decree 29 ND-CP/2008 of the Government, it is stipulated that the management board of economic zones and industrial parks is allowed to appraise basic designs, but in Decree 12 ND-CP/2009 dated February 10, 2009, only specialized departments are allowed to perform this function. Decree 12 ND-CP/2009 stipulates that "the unit managing and using the construction is not qualified to be the investor", so what is not qualified, not qualified includes the contents that now need to be specified for easy application, not causing difficulties in the implementation process.
- Regarding the bidding law and related decrees: On September 29, 2006, the government issued Decree 111/ND-CP guiding the implementation of the bidding law. After a period of implementation, this decree revealed weaknesses and shortcomings that were not suitable for practice. Therefore, on May 5, 2008, the government issued Decree 58/2008/ND-CP to replace the above decree. After nearly a year of implementation, this decree revealed some unreasonable points such as the bidding package of designating consultants under 500 million, construction and installation designating under 1 billion (this is in accordance with the bidding law) is too small while the price always slides, the above designation level will not be flexible to help investors proactively and quickly implement the work. Therefore, it is proposed to amend the bidding law not to stipulate the price of the bidding package but to assign it to the government so that the government can decentralize to the provinces and cities directly under it. On the other hand, in the bidding procedure, it is proposed to reduce the bidding plan approval procedure. Resettlement works should be assigned to contractors for quick implementation. Article 32 of the Bidding Law stipulates that prequalification is required for goods procurement packages, EPC with a value of 300 billion VND or more, construction packages of 20 billion VND or more will create cumbersome administrative procedures, so it is proposed to remove this provision. Furthermore, Article 52 of the Bidding Law stipulates that payment to contractors strictly binds the contractor's responsibilities, but the investor's responsibilities are not specific, so it is necessary to add the investor's responsibility to compensate for damages caused by late payment to the contractor. It is proposed to remove the project consulting contractor from participating in the design and estimate because this will cause the survey, documentation and basic design to be very sketchy, creating waste, especially for information technology projects, this is even more unreasonable. To enhance decentralization
For investors in project management, the National Assembly amended and supplemented a number of articles of the laws related to construction investment No. 38/2009/QH12 dated June 19, 2009, accordingly, on October 15, 2009, the Government issued Decree 85
/2009/ND-CP guiding the implementation of the law on bidding and selection of construction contractors according to the law on construction. In addition to the advantages, this law and decree still reveal the disadvantages of decentralization that are too radical and difficult to manage. According to the provisions of this decree, the People's Committee at the district level is also allowed to approve group B and C projects under the district budget, which means that for projects with an investment level of 1,500 billion VND or less, the district chairman has the right to appraise and approve, which is too large, while the district apparatus has at most about 2 construction or traffic engineers, this is an urgent problem. Decentralizing to the investor to approve the estimate - design, approve bidding documents, organize bidding, evaluate bids and approve bidding results, and appoint contractors is unreasonable, and will easily lead to loss and corruption due to collusion. If the investor colludes with the design contractor, or the construction contractor, or both, it will lead to a huge embezzlement of the project. In reality, one person owns many businesses, so the same person can design, appraise, and hold a stamp in one hand and a stamp in the other (it could be signed by a wife, children, or family member). If there is collusion between the investor, contractor, and consultant, the consequences will be huge. There are also many loopholes in the bidding law, so foreign contractors win 100% of the bids and equipment must be imported for EPC projects, because we do not regulate the standards for localization of equipment and origin of equipment. If we can regulate that, domestic contractors will have the conditions to win the bid, and furthermore, create conditions for domestic industry to develop.
To manage capital construction investment more closely, economically and effectively, the Government has issued Decree 83 ND-CP/2009 with many instructions for law implementation and accordingly, ministries have also issued circulars and decisions to guide implementation:
- To classify and decentralize urban management, the Government issued Decree 42 ND-CP dated May 7, 2009, creating favorable conditions for urban decentralization, recognition of urban types and tighter urban management . This decentralization
create favorable conditions for urban authorities to proactively invest in developing urban infrastructure, strive to meet urban standards to be recognized as urban and upgrade urban areas, and at the same time, urban management is given more attention.
The urban decentralization according to Decree 42 of the Government has focused on the scale and function of the urban area, focusing on the landscape and urban architecture. A beautiful and attractive urban area is an urban area with beautiful and unique landscape and architecture. Urban architecture is like the soul of the urban area, the architecture carries the quintessence of regional culture, creating attraction for tourists. However, for tourist urban areas with the regulation of scale and population density as per the decree, a type II urban area with a population density of 8,000 people/km2 ; a scale of 300,000 people or an urban area with a population density of 6,000 people/km2 , a population scale of 150,000 people will not be reasonable, because a tourist urban area is a green - clean - beautiful urban area and during peak tourist seasons, the number of tourists increases four to five times the current population of the urban area, so the infrastructure must adapt to the capacity of development. Residential land also needs to regulate the ratio of green trees to be greater than 70%, the area of land to keep the tree cover, to do so requires regulations right in the planning regulations and level.
construction permit, but a problem is that the total area of the land is calculated and the user pays according to the residential land price but can only build works under 30%, so there needs to be a mechanism for the area of green trees to be paid according to the garden land price to encourage users to plant trees. The government needs to issue separate regulations on upgrading the recognition of tourist urban areas for more dynamic and effective development.
- Decree 99/2007/ND-CP on price management has many shortcomings such as "Material prices are determined based on market prices provided by competent organizations, manufacturer's quotes, supplier's price announcements, or prices applied to other projects with the same standards and similar quality". But in reality, the price announced by the Provincial People's Committee is different from the market price, but investors still follow the announced price even though the announced price is only a reference price because they are afraid of inspection, examination, and audit. Moreover, the prices of suppliers in the same area make investors confused, so there needs to be specific instructions to remove this obstacle.
- Recently, the Government has issued Decree 131/2006/ND-CP. The new and breakthrough contents of this Decree include:
Firstly , it has set out clearer regulations for centralized ODA management on the basis of promoting democracy and expanding the participation of beneficiaries of this capital source.
Second, transparency in attracting and using ODA is a new feature emphasized, aiming to clarify the responsibilities of beneficiaries and donors.
Third, the strong decentralization of the task of appraising and approving ODA programs and projects is a real breakthrough of this Decree compared to previous Decrees.
Fourth, expanding decentralization along with enhancing the responsibilities of agencies and units managing and receiving ODA are clearly defined to ensure the balance between the authority and responsibility of agencies and units.
Fifth, this decree has attached importance to the nature and high level of synchronization between the management and use of ODA programs and projects with the management and use of domestic programs and projects. However, for ODA projects, imported equipment often has high prices, project consulting costs and expert salaries are too high, and projects often take a long time. Therefore, it is recommended to focus on counterpart funds for projects that are sufficient for quick implementation, especially compensation capital for site clearance. Furthermore, it is necessary to unify specific regulations on ODA project management, and it is necessary to stipulate the establishment and operation of specialized ODA project management boards to manage
- On February 7, 2005, the government issued Decree 16 on the management of construction investment projects. On September 29, 2006, the government issued Decree 112/2009/ND-CP on amending and supplementing a number of articles of Decree 16/2009/ND-CP. Then, on February 10, 2009, the government issued Decree 12/2009/ND-CP on construction investment projects to replace the above two decrees, proposing to abolish basic design appraisal to reduce administrative procedures. However, this decree still does not stipulate the responsibilities of the Ministry of Information and Communications in the appraisal of designs and estimates of information technology projects, which is not appropriate because
The Ministry of Construction, the Department of Construction, and the Department of Industry and Trade do not have enough capacity to evaluate information technology projects.
- Regarding the field of compensation and site clearance, the government has issued Decree 197 ND-CP, Decree 84 ND-CP, but the procedures are still cumbersome, complicated, and lengthy, especially the extraction and measurement, and the overall plan needs to be shortened. Decree 106 ND-CP stipulates that the safe distance from the power line beyond 6m from the roof of a house to the power line is inappropriate and has been amended in the newly issued decree. However, the height from the ground to the sag of the wire is 18m, which is still inappropriate because it restricts the people's land use rights. It is best for people to receive compensation and move their houses in the garden in rural areas.
- In addition to the above decrees, the Government has issued a number of decrees, circulars and other related documents that have created conditions for better infrastructure management, promoting more efficiency in the direction of streamlining procedures, merging administrative procedures to facilitate businesses. Normally, an urban project takes 3 years to complete procedures with 33 types of documents. It is proposed to abolish 7 procedures and combine 6 procedures into only 8 procedures, reducing the time to 6 months. It is proposed that the Ministry of Construction issue regulations on sample processes and procedures for investment projects to build new urban areas, housing areas and urban technical infrastructure. Strive to reduce at least 30% of administrative procedures in urban infrastructure investment and construction.
- Related to state management in the field of urban infrastructure, there are other laws issued and guided by the state: Law on Intellectual Property; Law on Technology Transfer; Law on Anti-Corruption, Housing Law, etc.
The process of infrastructure development and construction places increasingly higher demands on state management. Old regulations are increasingly outdated and obsolete, requiring new regulations to replace them to better suit the reality of infrastructure development. It can be said that up to now, the Laws and Decrees issued by the Government, although still need to be further improved, have marked an important stage of institutional improvement, in which the strong decentralization in management along with the enhancement of responsibility at all levels has been highlighted as the legal basis for state management in the field of urban infrastructure in our country in recent times.
2.3.1.3. On the organization and management mechanism of urban tourism infrastructure
The Party, the National Assembly and the Government have paid attention and issued many resolutions to develop the tourism industry in general, including urban tourism. The Resolution of the 10th Congress of the Communist Party of Vietnam affirmed that "tourism development truly becomes a spearhead economic sector". The Politburo issued Conclusion No. 179 TB - TW on November 11, 1998 on tourism development in the new situation; the Government issued a decision approving the tourism development strategy until 2010. The National Assembly issued and guided the implementation of Resolution 36/2004/QH 11 on basic construction investment, including investment in infrastructure construction using state capital to improve investment efficiency, prevent loss, waste, scattered investment and outstanding debt. A number of laws, decrees, circulars and decisions guiding the regulations on construction investment management, urban works management and urban architecture have been issued, creating a favorable legal environment for urban infrastructure management. The system of legal documents on planning management, architectural management and basic construction management is an important legal basis for state management in the field of urban infrastructure to develop the socio-economy of Vietnamese cities.
The Government has issued a Decree on management of investment in construction and development towards strengthening decentralization in the field of investment in infrastructure construction, at the same time, specifying the responsibilities of organizations and individuals along with the supervision, inspection and examination work of management levels and paying attention to amending and supplementing outdated and inappropriate construction standards and regulations; promulgating a system of standards and regulations in accordance with scientific and technical progress and international practices. Ministries have adjusted and supplemented the system of unit prices, norms and investment rates for construction of urban infrastructure works in a timely manner.
The Government and localities have also promoted administrative procedure reform in investment and construction of urban infrastructure, including tourist cities. Authorities at all levels have built one-stop centers and reduced a number of administrative procedures, resolutely not imposing additional procedures outside of central regulations. Open and transparent procedures for construction enterprises and investors to reduce public time.
capacity, complete procedures sooner. Focus on completing and consolidating project management boards in a professional and specialized direction and improving the capacity of project management board staff; regulating professional standards for positions in project management boards, increasing technical supervision staff. Strengthening consulting work in urban infrastructure investment and construction. In the past, although training and fostering professional capacity and ethics of staff and civil servants through recruitment and upgrading exams, civil servant promotion in the field of investment management have not been very effective. The current situation is that each tourist city has a specialized project management board and a number of part-time project management boards. The specialized project management board has a staff of 10 to 20 people, with basic qualifications meeting the prescribed standards. The worrying thing is that most of the part-time management boards do not have the capacity to manage the project. The heads of the boards are not specialized engineers, the technical staff are mainly contracted, so they cannot choose good staff, with poor qualities to manage the project. The problem is that state money is given to people outside the state payroll to manage. Each tourist city has a technical and urban infrastructure management department of about 5 to 10 people, but there is a serious shortage of specialized staff in the fields of transportation, construction and urban management, so the work of project appraisal, design and estimate documents, construction investment and planning procedures, and construction permits will not meet the requirements. The finance and personnel department also has only about 6 to 13 people, of which only a maximum of two people do the work of final settlement appraisal, but lack knowledge of construction economics and transportation, so the work of final settlement appraisal of investment capital is slow, inaccurate and erroneous. It can be said that the state management apparatus for infrastructure is still weak, lacking in specialized staff, knowledge is not updated, the number of staff over 50 years old accounts for over 80%, causing obstacles in investment management work. One thing to note is that basic construction products are the result of a process involving many participating units, so if in each stage the participating enterprises are weak, the project will be affected and of poor quality. Urban authorities need to take care of training, fostering, receiving, and attracting a skilled, capable, highly qualified and responsible investment management force to complete the task.