Avoid the competent authority determine go to planning
In-depth analysis of the responsibility for organizing the planning task in Clause 7, Article 17 of the Draft Law, Deputy Head of the Delegation of National Assembly Deputies of Quang Ninh Province Nguyen Thi Thu Ha expressed concerns about the objectivity in the implementation process. According to the delegate, the agencies with the function of managing investment, construction, and land development at the provincial level are essentially specialized Departments such as: Construction, Natural Resources and Environment. Therefore, assigning these Departments to organize the planning task, zoning plan or detailed planning of the area for auctioning land use rights or bidding to select investors does not ensure independence between the planning agency and the appraisal agency.

From the above analysis, the delegate suggested that the Drafting Committee should adjust or specifically explain the concept and regulations on "Agencies and organizations with the function of managing investment in construction and land development" so that the implementation is unified and transparent. At the same time, commenting on Clause 9, Article 17, the delegate also suggested adding the phrase "urban and rural planning" to the content allowing the planning agency to assign to affiliated units or hire consultants to implement, in order to ensure consistency and synchronization with the system of Law being implemented.
Remove entangled about planning scope and local empowerment
Another important content mentioned by the Quang Ninh delegation is the inadequacy in the regulations on planning scope and administrative boundaries in Article 5. According to the delegate, the current law only regulates cases where planning overlaps or is completely within another planning scope, while in reality there are still cases of "partial" planning. The delegate proposed to add regulations for cases where the planning scope of urban areas, communes, and special zones is partially within the planning scope of national economic zones and tourist areas; because this case is completely different from overlapping or being completely within the planning scope.

Regarding the urban development orientation, delegate Nguyen Thi Thu Ha agreed with the opinions of the delegates who spoke earlier on the need to clarify urban criteria, avoiding the default mindset of "every ward is urban, every commune is rural". Citing local practice, the delegate said that with the current urbanization rate, Quang Ninh has met the criteria to be upgraded to a centrally-run city, but clearer criteria regulations are needed.
Regarding decentralization of management, agreeing with the viewpoint of implementing the new government model, delegates recommended that after the Provincial Planning and Regional Planning have been approved by the Prime Minister , it is necessary to strengthen decentralization to the Provincial People's Committee. Specifically, localities need to be assigned the right to implement, adjust and supplement the Detailed Planning and Zoning Planning for economic zones to ensure speed and timeliness, expanding the authority for the provincial level but still ensuring that it does not fall outside the scope of higher-level planning approved by the Prime Minister.
In addition, in order to remove difficulties in administrative procedures, delegate Nguyen Thi Thu Ha also proposed to amend the regulations on appraisal time in the direction of calculating in "working days" instead of calendar days to subtract holidays and Tet, ensuring time for specialized agencies to process documents. At the same time, the delegate proposed to flexibly organize the forms of Appraisal Council meetings (opinions can be obtained by ballot or document) and to reduce the procedure for obtaining opinions from state management agencies if the planning step has been fully implemented, avoiding wasting time and overlapping.
Source: https://daibieunhandan.vn/dbqh-nguyen-thi-thu-ha-quang-ninh-quy-dinh-ro-de-bao-dam-tinh-doc-lap-giua-co-quan-lap-va-tham-dinh-quy-hoach-10397480.html






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