Referring to the draft Law on Planning (amended), Delegate Nguyen Tam Hung ( Ho Chi Minh City Delegation) highly agreed with the necessity of promulgating the Law on Planning, because the construction of a unified law to coordinate development space: National - Regional, Provincial will contribute to thoroughly resolving conflicts, overlaps, and fragmentation in the current planning system; at the same time, creating a legal foundation for effective resource allocation, exploiting potential and ensuring sustainable development.
However, to make the draft Law more complete and meet practical requirements, Mr. Hung raised a number of contents for the Drafting Committee to consider adjusting in the Law or by Decree to ensure implementation in practice.
Specifically, regarding the basic principles in planning activities in Article 4, although agreeing with the emphasis on unity, synchronization, and ensuring national interests are the highest, Mr. Hung proposed to clearly add the principle of "ensuring public accountability in planning establishment, appraisal, and adjustment", because recent practice has shown that the cause of many errors does not stem from a lack of laws but from a lack of transparent accountability mechanisms and monitoring of individual responsibility. Legalizing this principle will increase integrity, limit negativity, and strengthen the trust of people and businesses.
Regarding the planning system in Article 5, he expressed his agreement with the draft's policy when defining planning as the foundation for investment orientation, ensuring effective resource allocation and harmonizing national, local and investor interests. However, citing recent practice, the organization and implementation of planning in a number of sectors, fields and localities still has a state of fragmented management, lack of connectivity and unified coordination, leading to slow project approval progress, increased costs for investors and reduced efficiency in using social resources. From there, Mr. Hung suggested that the Drafting Committee consider adding a mandatory mechanism to update, share and synchronize planning data between ministries, sectors and local authorities on a unified digital system, and at the same time clearly stipulate accountability when planning progress is slow or not connected between sectors. This both overcomes the situation of resource dispersion and ensures a stable, open and predictable investment environment.
Regarding the handling of cases of conflicts between plans in Article 6, according to Mr. Hung's assessment, although the draft has determined the priority order, the adjustment mechanism still tends to be administrative interpretation. Practice shows that there are cases where sectoral plans, regional plans, urban plans and land use plans are not unified, leading to delays in project implementation and increased related costs for investors.
“Therefore, we recommend that the Drafting Committee consider studying and supplementing the coordination mechanism and final conclusion when planning conflicts arise between levels and sectors; clearly defining the time limit for handling and specific accountability. This mechanism does not replace the authority of any agency, but ensures that disagreements are handled promptly and thoroughly, avoiding the situation where documents have to be consulted many times, prolonging the project implementation progress,” said Mr. Hung.
Regarding the order of planning establishment, appraisal and approval in Article 9, Mr. Hung acknowledged that the current process stipulated in the draft regulation is lengthy through many rounds of consultation, appraisal and approval. To shorten the approval time while still ensuring quality, Mr. Hung noted that it is necessary to consider legalizing the mechanism of "synchronous electronic filing" with mandatory response deadlines for each agency. In reality, many key projects are being delayed due to prolonged internal processes, increasing costs and reducing the competitiveness of the economy .
Notably, regarding the consultation on planning in Article 22, Mr. Hung pointed out that the provisions in the draft mainly collect comments in writing, which may pose risks in terms of form. Therefore, the delegate suggested considering adding the requirement to publish the planning project on a 3D digital platform and regulating the mechanism for receiving direct feedback from businesses, residential communities, and professional associations, instead of just consulting with state agencies. This is a solution to bring planning into life, in line with the trend of digital transformation and improving the quality of policy criticism.
“The draft fully addresses economic - social - environmental - defense factors, but it is necessary to emphasize green transformation and circular economy as mandatory criteria. The international trend is shifting from “development at all costs” to “sustainable growth” and if it only stops at general principles, the risk of subjective application is very high at the local level. Therefore, it is recommended that the drafting committee study and add more quantitative assessment criteria on emissions, efficient land use, green infrastructure ratio and resource efficiency,” Mr. Hung noted.
Source: https://daidoanket.vn/de-nghi-cong-bo-do-an-quy-hoach-tren-nen-tang-so-3d-trong-lay-y-kien-quy-hoach.html
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