dynamic and flexible socio-economic economy. (53) Therefore, the quality of some current planning projects has not yet met the practical requirements in construction management and urban system development. In fact, in Vietnam, for a long time before 2019, state management of urban construction planning did not have synchronous, unified and effective coordination from management entities. The promulgation of the 2018 Planning Law has created a legal basis for state management to overcome those shortcomings, but the organization of law implementation in practice still has many new, difficult and challenging aspects.
Third , the organization of the implementation of the law on urban architecture and construction has limitations such as: weakness, lax management, lack of responsibility for coordination in work, violations of the law in inspection, examination and handling of violations of the law on urban architecture and construction. This can be considered the most prominent limitation in the state management of urban planning and architecture and construction in Vietnam in recent times. According to the Ministry of Construction, in the process of planning appraisal, the coordination between relevant agencies, departments and branches (at the central level as well as at the local level) is still limited and inconsistent. The participation and comments of relevant parties have not received due attention, the content is still general, not really contributing to the improvement of the quality of planning projects. The collection of opinions from the community on the establishment and adjustment of urban planning content is currently still a formality. The implementation of specialized technical infrastructure plans for centrally-run cities is still slow and unsynchronized, leading to investment in framework technical infrastructure systems, urban technical infrastructure, and social infrastructure not keeping up with the development speed and investment needs of urban and housing development projects. The development of implementation plans after the general planning is approved, especially the establishment and implementation of boundary markers outside
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(53). Ministry of Construction Electronic Information Portal (2019), Need to innovate planning methods in our country , https://moc.gov.vn/tl/tin-tuc/52313/can-doi-moi-quy-hoach-xay-dung-do-thi-o-nuoc-ta.aspx, accessed April 28, 2021.
Field implementation is still very limited, mainly implemented for detailed planning of projects (organized and managed by investors). In Hanoi and Ho Chi Minh City, the rate of implementing boundary markers according to the planning is only 5 - 10%. (54) A worrying reality today is that the concretization and implementation of the approved general planning orientations and policies have not been seriously implemented, especially the relocation of industrial production facilities, hospitals, higher education institutions, vocational education institutions and agencies and units in the inner city of Hanoi and Ho Chi Minh City is slow; the land fund after relocating factories and enterprises out of the inner city area is mostly used... not in compliance with the general planning, causing increased pressure on population and infrastructure overload in the inner city area. (55) The report “Vietnam in 2035” conducted by the World Bank and the Ministry of Planning and Investment pointed out: The unreasonable system of urban classification, upgrading and planning stimulates localities to chase after achievements in expanding the scale of urban areas and over-investing, without paying attention to real indicators, such as population density and connectivity to stimulate growth. The population in large cities increases rapidly, uncontrolled, creating more pressure on the urban service system and technical infrastructure, while the population density of many cities is low and has hardly changed since 2000. Increasing the speed of urbanization, the massive migration of rural residents to cities in search of jobs
employment , meeting housing needs for the poor , improving quality of life
g lips
schools and life ... are unprecedented challenges in a developing economy. Vietnam's urban areas are not yet well connected to form a synchronous system. Many inter- provincial regional plans have been established ,
(54). Ministry of Construction (2017), Report No. 91/BC-BXD, dated November 20, 2017, sent to the Prime Minister on the implementation of inspection of urban planning and management and construction management assigned in Resolution No. 103/NQ-CP dated December 5, 2016 and Resolution No. 01/NQ-CP dated January 1, 2017 of the Government.
(55). Ministry of Construction (2019), Report No. 50/BC-BXD dated April 19, 2019 reporting on the implementation of Resolution 113/2015/NQ-QH13 on continuing to implement resolutions of the 13th National Assembly on thematic supervision activities and questioning activities (sent to the National Assembly and deputies of the 14th National Assembly).
However, there is no close connection between provinces and urban systems. There is still a situation where provinces develop independently and lack synchronization in each region, and the connection between urban areas and regions, especially in terms of infrastructure, is not guaranteed.
frame floor. Unlike the world, Vietnamese cities are usually formed with a nuclear city that is always overloaded , surrounded by a large rural area with a traditional structure and village culture, communes with low education level. There is a clear contrast between high - rise buildings , luxury residential areas and hamlets .
house
cent
, makeshift housing for the poor and the new immigrants . ( 56 )
3.2. Current status of state management of urban construction investment projects
3.2.1. Advantages of state management of urban construction investment projects
- Advantages in building and promulgating laws
With the development and promulgation of the 2014 Construction Law, the 2014 Public Investment Law, the 2009 Urban Planning Law and detailed decrees, competent state agencies have created a relatively complete and unified legal basis for implementing state management of urban construction investment projects. Accordingly, state management is implemented for all three stages of the construction investment process including project preparation, project implementation and construction completion, putting the project into operation (except for the construction of individual houses). Regardless of the type of capital used, state management of construction investment projects ensures that all projects meet the basic requirements stipulated in the 2014 Construction Law. (57) The general principle is that urban construction investment projects must be appraised before deciding to approve them.
(56). Quoted from Nguyen To Lang, op. cit. (note 45), accessed March 25, 2021.
(57). The requirement to be consistent with the master plan for socio-economic development, industry development plan, construction plan, land use plan and plan in the locality where the construction investment project is located has been amended and supplemented in Clause 17, Article 28 of the Law on Amendments and Supplements to a Number of Articles of 37 Laws Related to Planning in 2018 as follows: “ Consistent with national planning, regional planning, provincial planning, construction planning, land use planning and plan in the locality where the construction investment project is located .”
Investment approval according to regulations; construction investment projects with requirements on fire and explosion prevention and fighting, environmental protection, national defense and security must be appraised by competent state agencies. Construction professional agencies and investment decision makers may invite organizations and individuals with expertise and experience to participate in project appraisal or require investors to select organizations and individuals with sufficient construction capacity and construction practice capacity that have been registered on the website on construction capacity according to regulations to appraise the project as a basis for project appraisal and approval. The content of appraisal of construction investment projects, the authority to decide and adjust construction investment projects are stipulated in the 2014 Law on Public Investment and the 2014 Law on Construction. In particular, in 2020, the Law on Investment under the public-private partnership method was developed and promulgated (effective from January 1, 2021), contributing to strengthening the legal basis for state management of urban construction investment projects in current conditions.
The form of organization of construction investment project management is also stipulated in the 2014 Construction Law and in Decree No. 59/2015/ND-CP dated June 18, 2015 on construction investment project management, Decree No. 42/2017/ND-CP on amendments and supplements to a number of articles of Decree No. 59/2015/ND-CP. The Government stipulates to strengthen decentralization and reasonable authorization in the management of construction activities, especially for the two major cities of Hanoi and Ho Chi Minh City; clearly define responsibilities, in accordance with the functions, tasks and implementation capacity of specialized state management agencies, specialized construction agencies, investment decision makers, (58) and at the same time reduce regulations and administrative procedures.
(58). Decentralize the Department of Construction to appraise basic designs of construction investment projects for housing projects with a scale of less than 25 floors and a height of no more than 75m; Decentralize the Department of Construction, the Department of Specialized Construction Management in Hanoi and Ho Chi Minh City to appraise projects and basic designs of projects decided for investment by the City People's Committee; Decentralize the investment decision maker to appraise economic-technical reports on construction investment with projects of level II or lower decided for investment by ministries and agencies at the Central level... It is estimated that decentralization will reduce about 75% of the number of documents processed by the Ministry of Construction due to transfer to local authorities for processing.
no longer appropriate; clarify the operating mechanism of specialized project management boards, regional project management boards, and supplement regulations on cases authorized to establish affiliated project management boards. The Government also issued a Decree
Decree No. 100/2018/ND-CP dated July 16, 2018 amending , supplementing and abolishing
one
number of regulations on investment and business conditions in the fields of state management
of the Ministry of Construction. Accordingly, 5 conditional investment and business lines not included in the List of conditional investment and business lines of the Investment Law are abolished; 41.3% are abolished, 47.3% are simplified, and 15% of the total 215 investment and business conditions are kept unchanged. Construction investment project management can be carried out by specialized or regional construction investment project management boards or single-project construction investment project management boards.
The rights and obligations of relevant entities in the management of construction investment projects such as investors, construction investment project management boards, project consulting contractors, and construction investment project managers are stipulated in the 2014 Construction Law. In particular, the rights and responsibilities of agencies and organizations appraising construction investment projects; the rights and responsibilities of the person deciding on construction investment; the authority to grant, adjust, extend, re-grant and revoke construction permits; and the responsibilities of the competent authority to grant construction permits have been stipulated in the Law. On that basis, competent state agencies have also issued a series of documents detailing the issuance of construction permits, inspection, supervision, and handling of violations of construction laws. For example, the Government has issued Decree No. 59/2015/ND-CP on the management of construction investment projects detailing construction permits. The Ministry of Construction also issued Circular No. 15/2016/TT-BXD dated June 30, 2016 providing guidance on construction licensing. During the period
Ministry of Construction (2019), Report No. 50/BC-BXD dated April 19, 2019 reporting on the implementation of Resolution 113/2015/NQ-QH13 on continuing to implement resolutions of the 13th National Assembly on thematic supervision activities and questioning activities (sent to the National Assembly and deputies of the 14th National Assembly) .
From December 2015 to early 2019, the Ministry of Construction issued 11 circulars guiding the management of construction investment costs and construction contracts; announced 7 sets of estimated norms; (59) agreed for the Ministry of Transport to announce 25 norms in the transport sector. (60) In early 2021, the Government issued Decree No. 10/2021/ND-CP dated February 9, 2021, regulating the management of construction investment costs for projects using public investment capital, foreign capital for public investment, and investment projects under the public-private partnership method (PPP projects). At the same time, to replace Decree No. 59/2015/ND-CP, the Government recently issued Decree No. 15/2021/ND-CP dated March 3, 2021 detailing the implementation of a number of contents of the 2014 Construction Law and the Law amending and supplementing a number of articles of the 2020 Construction Law on construction investment project management, including: project preparation, appraisal, approval, construction design; construction survey; construction permit issuance and construction order management; construction of special works and implementation of construction investment projects abroad; management of construction operation capacity; forms of construction investment project management.
In general, according to the assessment of the Ministry of Construction, " Legal regulations on the establishment, appraisal, approval, and management of construction investment projects are increasingly being supplemented and improved, basically meeting management requirements ." (61)
- Advantages in law enforcement
Firstly, the law has been implemented and the network of agencies has been strengthened.
(59). (i) Construction standards - Construction part; (ii) Construction standards - Installation part;
(iii) Cost norms for project management and construction investment consultancy; (iv) Construction cost estimates - Construction repair and maintenance; (v) Construction cost estimates - Material, component and structure testing; (vi) Construction cost estimates - Construction of non-fired materials; (vii) Cost norms of the project management unit under the competent state agency implementing the investment project in the form of public-private partnership.
(60). Ministry of Construction (2019), Report No. 50/BC-BXD dated April 19, 2019 reporting on the implementation of Resolution 113/2015/NQ-QH13 on continuing to implement resolutions of the 13th National Assembly on thematic supervision activities and questioning activities (sent to the National Assembly and deputies of the 14th National Assembly) .
(61). Ministry of Construction (2019), Report No. 70/BC-BXD, dated May 31, 2019, reporting on a number of contents on groups of questions and answers in the construction sector at the 7th session of the 14th National Assembly.
competent agencies, developing a team of cadres and civil servants in state management of urban construction investment projects. Regarding the responsibility for managing construction investment projects, according to the report of the Ministry of Construction, the implementation of decentralization and authorization in administrative management of urban construction investment projects, reform of administrative procedures, (62) reduction of investment and business conditions, and enhanced coordination between levels and sectors have created more favorable conditions for people and businesses in urban construction investment and business, significantly reducing the time for carrying out administrative procedures related to urban construction investment projects. Construction professional agencies have established and implemented internal procedures for appraisal of construction investment projects, clearly assigning responsibilities in each stage. The appraisal by construction professional agencies has contributed to eliminating violations of planning; control of investment scale, level of meeting requirements on construction safety, fire prevention, technical infrastructure connection, environmental landscape protection of the project. At the same time, it also improves the quality of investment preparation work, strengthens the control of state management agencies, contributing to partially overcoming the situation of scattered investment and low efficiency. Projects using state capital have been well controlled in terms of construction design, avoiding the situation of arbitrary selection of technological solutions, types of materials, applied standards and regulations that are not suitable or exceed the requirements for exploitation and use of the project.
In the state management of construction investment projects, competent authorities have gradually rectified and put construction design work into order, ensuring construction safety. The number of document revisions has decreased significantly, and the quality of design documents and construction estimates has been increasingly improved.
(62). Implementing Directive No. 08/CT-TTg dated March 13, 2018 of the Prime Minister on strengthening measures to shorten the time for granting construction permits and related procedures, accordingly, the Ministry of Construction continues to review and shorten the time for appraisal of basic designs, appraisal of technical designs or construction drawing designs, and granting construction permits; strengthen coordination between relevant agencies to simultaneously and in parallel carry out administrative procedures to shorten the time for carrying out administrative procedures from 166 days to 119 days.
Cost appraisal has controlled and limited the application of inappropriate norms and unit prices. According to statistics, costs have been significantly reduced (63) during the appraisal process. For projects using other capital sources, it has contributed to minimizing risks in construction quality, while requiring investors to ensure public area standards according to regulations. Minimizing construction incidents during construction and exploitation as well as avoiding loss and waste for projects that have been appraised by specialized construction agencies in the past. (64) In 2017, the Prime Minister issued Decision 2038/2017/QD-TTg dated December 18, 2017 approving the Project "Completing the system of construction norms and prices". After 1 year of implementation, the inspection, assessment, revision and adjustment of the published system of norms has been basically completed: organizing the review of 14,448/14,448 construction norms; reviewing 349/349 urban technical infrastructure norms; reviewing, inspecting and evaluating 596 investment capital rates and construction structure component prices. (65) Along with the implementation of the Project "Completing the system of construction technical standards and regulations", the implementation of this Project aims to create a breakthrough in improving the efficiency of construction investment, limiting waste and loss, preventing corruption and negativity in the construction sector, and strengthening quality management in basic construction investment.
Second , ministries, ministerial-level agencies, People's Committees at all levels and relevant agencies have deployed and implemented law enforcement solutions, creating clear changes and achieving many important results in state management.
(63). In 2015, the Ministry of Construction assessed the cost reduction rate at 4.63% (658.8 billion), 19/63 construction departments assessed the cost reduction rate at 5.02% (1,583.9 billion); in 2016, the Ministry of Construction and 26/63 construction departments assessed the cost reduction rate at 5.87% (9,589.6 billion).
(64). Ministry of Construction (2017), Report No. 91/BC-BXD, dated November 20, 2017, sent to the Prime Minister on the implementation of inspection of urban planning and management and construction management assigned in Resolution No. 103/NQ-CP dated December 5, 2016 and Resolution No. 01/NQ-CP dated January 1, 2017 of the Government.
(65). Ministry of Construction (2019), Report No. 50/BC-BXD dated April 19, 2019 reporting on the implementation of Resolution 113/2015/NQ-QH13 on continuing to implement resolutions of the 13th National Assembly on supervision activities.
Topics, questioning activities (sent to the National Assembly, deputies of the 14th National Assembly) .