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Review and adjust to ensure unified definition of urban system
The majority of National Assembly deputies approved the promulgation of the Law project amending and supplementing a number of articles of the Law on Urban and Rural Planning.
National Assembly Deputy Nguyen Tam Hung ( Ho Chi Minh City) said that this Draft Law marks an important step forward in perfecting institutions and unified, modern, transparent planning, in line with the two-level local government organization model and the trend of developing green, smart, and sustainable urban areas.
Regarding the urban system and urban classification (Article 4) of the draft Law, National Assembly Delegate Trieu Thi Ngoc Diem ( Can Tho ) stated that Clause 1, Article 1 of the Law on Organization of Local Government 2025 stipulates that commune is an administrative unit in rural areas, ward is an administrative unit in urban areas.
But in reality, in the ward there are areas such as communes that have not been recognized as urban areas and in the commune there are urban areas that are old towns. This makes it difficult for localities to manage and implement tasks. The legal basis for implementation is not complete, there are still many rural characteristics in the heart of the urban area; urbanization criteria are unclear and lacking.
From the above analysis, delegate Trieu Thi Ngoc Diem recommended that the National Assembly should review and adjust the unified definition of the urban system in the provisions of this draft Law, the Law on Organization of Local Government and the Resolution on urban classification.
At the same time, supplement the regulation assigning the Government to study and guide the criteria for specific solutions to upgrade the criteria of communes that have been merged into wards to urban criteria to synchronize all aspects, be worthy of being urban areas, and properly promote the nature and significance of the law on urban and rural planning in implementing the current two-level local government model.
Supplementing regulations on types and levels of planning for ward-level administrative units
Regarding the planning level system, in the draft Law, the Government proposed changes in the direction of streamlining. In particular, many types of urban areas no longer require zoning planning but integrate this content into the general planning to create a 2-level model: general planning and detailed planning.
However, from practice, National Assembly Deputy Thach Phuoc Binh (Vinh Long) said that it is necessary to maintain the 3-level system of general planning, zoning planning and detailed planning to ensure completeness and clarity in management.
Because, zoning is an important intermediate level that helps to specify the orientation of the general plan and support the management of urban space at the administrative and technical level. Eliminating zoning can make the general plan overloaded, complicated and unfeasible.
However, National Assembly Deputy Nguyen Hai Nam (Hue City) suggested that it is necessary to review and streamline urban and rural planning levels. Specifically, the number of planning levels should be reduced to two levels: general planning level and detailed planning level, applied uniformly to both urban and rural areas.
Simplifying planning levels helps avoid overlap in scope and content, reduces adjustment procedures, especially creates a clearer legal basis for assessing project suitability, shortens project preparation time and reduces social costs.
In addition, review the subjects required to establish detailed planning to avoid duplication with technical design and basic design of construction investment projects.
Supplementing regulations on planning types and levels for ward-level administrative units. The reason pointed out by delegate Nguyen Hai Nam is that currently, wards are the level directly managing urban space but there are no clear regulations on planning types at this level. This leads to a lack of legal tools to organize, manage, and control spatial development, difficulties in managing construction order, and a lack of basis for decentralization and authorization...
In addition, it is necessary to clarify the relationship and overlap between functional area planning and specialized planning. At the same time, continue to review to clarify the scope, content, and objectives of functional area planning in the Law on Urban and Rural Planning, ensuring consistency with planning under specialized laws (such as tourism, culture, sports, agriculture and national defense), because in reality there are many cases where functional area planning overlaps with specialized planning.
Source: https://daibieunhandan.vn/can-nhac-quy-dinh-he-thong-cap-do-quy-hoach-10397485.html
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