The issuance of the Resolution aims to institutionalize the Politburo 's policies and urgent practical requirements to remove bottlenecks that are hindering Hanoi's development. In the context of Hanoi being "positioned" as the political, economic, cultural, scientific and technological center, playing an important role as the nucleus and growth engine of the Red River Delta and the whole country, piloting new mechanisms is extremely necessary for the Capital to successfully perform its role.
The Draft Resolution proposes many outstanding mechanisms to implement large and important projects in the capital, related to many key areas, with large investment capital scale, wide scope of impact and direct influence on socio -economic development, which are breakthrough policies in decentralization and delegation of power to the capital's government.
However, at the 52nd Session, the National Assembly Standing Committee also pointed out many issues that need careful consideration to ensure constitutionality, legality, and consistency in the legal system, and control risks that may arise from delegating excessive power to the Capital City government.
For example, a prominent proposal is to strongly decentralize the authority to decide on investment policies to the People's Council and the Chairman of the Hanoi People's Committee. This is a reasonable direction to shorten the process, increase initiative and reduce overlap between current laws. However, decentralization at such a superior level requires a very strict and effective monitoring mechanism, especially for projects with large-scale land acquisition, which have a profound impact on the population, environment and regional food security. Therefore, reviewing the compatibility of the mechanisms in the draft Resolution with the Law on the Capital and related laws, resolutions, draft laws and resolutions to be passed at this Session is a mandatory requirement before the draft Resolution is submitted to the National Assembly for approval.
Or the proposal to integrate the Capital Planning and the Capital Master Plan into a unified Plan will help overcome the long-standing shortcomings in planning work in recent times. Although it strongly agrees with this proposal, through examination, the Economic and Financial Committee has also pointed out many issues that need to be improved.
In particular, it is necessary to review the draft Law on Planning and the draft Law on Urban and Rural Planning to clarify the position and relationship of the Capital Master Plan in the planning system, thereby clearly defining the hierarchy, avoiding legal gaps when conflicts arise between types of planning. Continue to review relevant legal regulations, especially the Land Law on this content to ensure consistency and policy consistency, avoiding conflicts and obstacles in deployment and implementation. In addition, allowing some projects to be deployed before being updated in the planning, although it can promote progress on urgent tasks, also carries the risk of deviated development direction and disrupting the urban spatial structure.
The Draft Resolution also proposes a number of special, important, complex mechanisms and policies with a large scope of impact, such as: expanding the cases of land recovery compared to Article 79 of the Land Law (Clause 2, Article 7), the Governor of the State Bank decides on the total outstanding credit balance exceeding the rate prescribed by the law on credit (Clause 2, Article 8) and enforcement when reaching 75% consensus (Clause 4, Article 10)...
These are contents that directly affect the legitimate rights and interests of the people, the national financial and monetary security and macroeconomic stability. Therefore, a thorough assessment of the legal, economic, social impacts and risks before submitting them to the National Assembly for approval is a prerequisite to ensure that policies are effectively implemented, without causing complicated complaints and lawsuits, affecting social stability, security and order and people's trust, in accordance with the Constitution.
In general, the pilot proposals in the draft Resolution are all strong breakthrough policies. If they are well designed, evaluated objectively, multi-dimensionally, cautiously and thoroughly - as required by National Assembly Chairman Tran Thanh Man - "only focus on regulating truly outstanding mechanisms and policies that have the effect of removing "bottlenecks", avoiding arbitrary expansion, scattered regulations, and formalities", with accompanying conditions and transparency criteria, the Resolution will not only be a lever for the strong development of the Capital in the coming time but also ensure the principle of the rule of law and social stability.
Along with that, it is necessary to supplement post-audit mechanisms, timely reporting and explanation to ensure decentralization goes hand in hand with power control. These are principles to maintain the consistency of the legal system and ensure that the pilot mechanisms actually achieve their set goals.
Source: https://daibieunhandan.vn/don-bay-cho-su-phat-trien-cua-thu-do-10399514.html
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