Streamlining administrative procedures and introducing technology
Delegation of authority
Removal of specific steps
Certification and training
Consistency of the legal framework
Dealing with practical problems
Construction project classification
comment
Vietnam’s construction, building and real estate sector is poised for transformation with the implementation of Decree 35/2023/NĐ-CP dated June 20, 2023. The Decree introduces a comprehensive set of changes aimed at streamlining administrative procedures, introducing technology and improving efficiency. These important industries. This article details the main provisions of Decree No. 35 and their impact on the development of Vietnam’s construction, building and real estate sectors.
Streamlining administrative procedures and introducing technology
One of the central themes of Decree 35 is the promotion of digital transformation in the construction sector. To achieve this, the Decree emphasizes that:
- Decentralization.
- Simplification of administrative procedures.
- business regulation.and
- Introduction of information technology.
A focus on technological advances is especially important in the face of the challenges posed by the COVID-19 pandemic. By embracing technology and streamlining management processes, the construction sector can adapt to changing conditions and maintain its momentum.
Delegation of authority
Decree No. 35 delegates authority to different levels of government for various tasks within the construction and real estate sector. This decentralization allows local governments to be responsible for:
- Evaluation process.
- Design approval.
- Construction supervision after design.and
- Project inspection.
Additionally, the state commission now has autonomy to make decisions regarding land use rights transfers and specific urban development areas. This decentralization is expected to speed up decision-making and strengthen local governance.
Removal of specific steps
This legislation eliminates several unnecessary procedures and further speeds up the implementation of projects. In particular, approvals are no longer required to change project investors or adjust the project schedule. Additionally, the Decree eliminates the need for Ministry of Construction approval for certain types of projects in restricted development zones and historic urban centers. This simplification is intended to encourage investment and reduce bureaucracy.
Certification and training
In line with the drive for digital transformation, Decree 35 introduced changes to the recognition of professional competencies in construction activities. This facilitates online examinations for professional qualifications and extends the validity of examination results. Additionally, it will expand its authority to conduct competency exams that issue certificates at different levels of proficiency, fostering a more qualified workforce within the industry.
Consistency of the legal framework
To ensure consistency within the industry, Decree 35 harmonizes the various legal frameworks. Changes were made to harmonize the transfer of land use rights with existing legislation, and certain conditions were adjusted to be consistent with the legal framework on public property. This harmonization is essential to create a stable and reliable legal environment for investors and stakeholders in these sectors.
Dealing with practical problems
The Decree also addresses practical issues that are hindering the growth of the construction, building and real estate sectors. Adjusts requirements for land use rights transfers and provides additional flexibility for developers. Additionally, we clarify the terms and conditions of letting or leasing residential property and ensure that these arrangements comply with the latest legal standards.
Construction project classification
Decree 35 introduces a clearer classification system for construction projects, making it easier for stakeholders to understand their obligations under the law. This classification assists in the management of construction activities and ensures consistency with relevant regulations.
comment
Decree No. 35 represents an important milestone in the transformation of Vietnam’s construction, architecture and real estate sector. This legislation aims to increase efficiency and transparency in these important industries, with a focus on streamlining administrative procedures, introducing technology, and empowering local governments. Decree 35 sets the stage for a more dynamic and responsive construction sector by removing unnecessary steps, improving certification and training, and ensuring consistency in the legal framework.
These changes are aimed at not only promoting technological progress, but also simplifying procedures and ultimately promoting the development of Vietnam’s construction, architecture and real estate sectors. As Vietnam’s economy continues to grow, these reforms are poised to have a positive and lasting impact on these key areas.
For more information on this topic, please contact us Nettle, Thi Tin Vu or Gautan Hai Call LNT & Partners on +84 28 3821 2357 or email ([email protected], [email protected] or [email protected]). The LNT & Partners website can be accessed at: www.lntpartners.com.