It is necessary to delegate authority to People's Committees at all levels to approve budget estimates for projects under their responsibility.

Deputy Speaker of the National Assembly Nguyen Duc Hai presided over the discussion session. Photo: V. HIEU

Representative Duong Van Phuoc noted that this is a law with unique characteristics, therefore the process of incorporating feedback, revising, and perfecting the draft law must be carried out cautiously and thoroughly, ensuring the consistency and uniformity of the legal system, and conforming to newly enacted laws and other draft laws being simultaneously submitted to the National Assembly for consideration at the 8th Session.

The Law on Urban and Rural Planning is a crucial draft law that directly impacts planning, construction, management orientation, and sustainable urban development, as well as the modernization of rural areas in line with urbanization nationwide. It is closely linked to the state management work of local governments at all levels and has a profound influence on the implementation of construction investment projects by businesses and individuals. The draft law's provisions are both highly specialized and technically complex, and relate to numerous other legal regulations.

Regarding urban and rural planning systems, delegate Duong Van Phuoc proposed removing the content "Areas requiring the establishment of zoning plans according to the provisions of land law and related laws" stipulated in Article 3.

According to delegate Duong Van Phuoc, urban and rural zoning plans should be implemented in accordance with the Law on Urban and Rural Planning. In case of conflicts between laws, adjustments should be made in a single specialized law instead of reviewing all laws, in order to ensure the consistency and effectiveness of the specialized law.

At the same time, review the detailed planning for "Areas defined by land law for bidding to select investors to implement investment projects using land or auctioning land use rights".

Delegates argued that current land and housing laws only stipulate the preparation of detailed plans for housing projects. They argued that requiring detailed plans for all projects involving bidding and auctioning of land use rights (including housing projects) would be ineffective, as detailed planning requires creativity and value, and would present difficulties in making adjustments after the bidding and auction process.

Regarding funding for urban and rural planning activities, delegate Duong Van Phuoc proposed that Article 10 be amended to include a provision granting authority to "People's Committees at all levels to approve budget estimates according to the decentralization of budget laws for projects under their responsibility" to ensure proactiveness, increase decentralization, and delegate authority and responsibility of all levels of government; at the same time, adding this provision would clearly assign the funding responsibility to the planning level, avoiding buck-passing and delays in implementation.

Regarding the basis for urban and rural planning, the delegate proposed adding a regulation stating that "legal basis for land use results and provincial planning approval shall be used as the basis for urban and rural planning." This would ensure that implementation is appropriate and avoids practical obstacles.

Representative Duong Van Phuoc - Deputy Head of the Quang Nam Provincial National Assembly Delegation - speaks during the discussion. Photo: V. HIEU

Regarding urban zoning plans and detailed urban planning, Representative Dương Văn Phước suggested that the National Assembly reconsider and evaluate the six-month deadline for completing and approving urban zoning plans. He argued that this is too short a timeframe and difficult to implement.

Currently, in many areas, the area for zoning plans is large, and the content of urban zoning plans is extensive, such as determining the function and economic -technical indicators for each block according to the road classification within the zone; the principles of spatial organization and architectural landscape for the entire planning area; solutions regarding architectural landscape and urban characteristics, etc., requiring time to complete and approve urban zoning plans.

Regarding consultations on urban and rural planning, consideration should be given to the timeframe within which agencies, organizations, and experts are required to provide written feedback: within 15 days of receiving complete documentation as stipulated. The current regulations on the work week for state agencies stipulate a 40-hour workday over 5 days, with Saturdays and Sundays off. Therefore, adjusting the regulation to 15 working days, excluding Saturdays and Sundays, would be clearer and more reasonable.

At the same time, the content "Organizing consultations with at least 50% of household representatives in the relevant residential areas where the planning is located and those living nearby who are directly affected" should be added to Article 36. According to delegate Duong Van Phuoc, such consultations will create fairness, democracy, and consensus to support the policy of the residential community affected by the planning project, avoiding superficiality, formality, and 형식적인 (formality).

Regarding the authority to approve planning tasks, urban and rural planning, the representative suggested assessing the necessity of reporting to the People's Council, because in principle, the People's Council has the function of supervising all activities of the People's Committee. At the same time, the draft law stipulates that the People's Committee must report to the People's Council, but it does not specify whether the People's Council needs to approve it. Therefore, this reporting is essentially just a formality.

Source: https://baoquangnam.vn/can-giao-tham-quyen-cho-ubnd-cac-cap-phe-duyet-du-toan-doi-voi-do-an-thuoc-trach-nhiem-cap-minh-lap-3143286.html