Perfecting the legal basis, ensuring special and outstanding mechanisms and policies for Da Nang's development

On the afternoon of November 14, Deputy Minister of Justice Phan Chi Hieu chaired the Appraisal Council for the project of the Resolution amending and supplementing a number of articles of Resolution No. 136/2024/QH15 of the National Assembly on the organization of urban government and piloting a number of specific mechanisms and policies for the development of Da Nang City (Resolution 136). Attending the Appraisal Council meeting was Vice Chairman of the People's Committee of Da Nang City Tran Chi Cuong.

Deputy Minister of Justice Phan Chi Hieu chaired the Appraisal Council of the project Resolution amending and supplementing a number of articles of Resolution No. 136/2024/QH15 of the National Assembly on the organization of urban government and piloting a number of specific mechanisms and policies for the development of Da Nang City.

Special and outstanding policies - attracting strategic investors

Deputy Minister of Finance Nguyen Duc Tam - representative of the agency in charge of drafting the draft Resolution said that the policy issuance aims to continue perfecting the legal basis, ensuring specific, superior, strict, feasible and more effective mechanisms and policies, meeting urgent requirements in attracting strategic investors, mobilizing domestic and foreign resources for investment in socio-economic development of the city.

Deputy Minister of Finance Nguyen Duc Tam speaks at the meeting

Overcoming difficulties, obstacles and shortcomings arising in the implementation of Resolution 136 to build and develop Da Nang City to be worthy of being the nucleus of the region, the driving force for development of the South Central Coast and Central Highlands, striving for Da Nang City to join the group of globally competitive cities with the aspiration to turn Da Nang City into a center of science - technology , international transportation, tourism service center, financial technology with developed traffic infrastructure, digital infrastructure that can compete with large, modern cities in the region and the world...

According to the draft Proposal for the Draft Resolution amending and supplementing a number of points and clauses in Article 9 on investment management. In particular, adding Clause 4, Article 9 on policies for urban development models following the orientation of public transport development (TOD). This policy aims to maximize the economic value of public land and existing infrastructure, increase urban connectivity and open up new development space following the trend of railway projects in the world; adding Clause 5, Article 9 on specific and special mechanisms and policies to develop the urban railway network system in the city; adding authority to the Management Board of the High-Tech Park and Industrial Parks of Da Nang.

At the same time, amend and supplement a number of points and clauses in Article 11 of Resolution 136 on planning, urban, natural resources and environmental management. In particular, add clause 8, Article 11 on the land leasing authority of the Management Board of the High-Tech Park and Industrial Parks of Da Nang. Accordingly, the Management Board of the High-Tech Park and Industrial Parks of Da Nang has the right to decide and lease land within the scope of the High-Tech Park and Industrial Park invested from the budget. The order and procedures are under the authority of the specialized agency under the Provincial People's Committee.

Also according to the draft Proposal, the draft Resolution amends and supplements a number of points in Article 12 of Resolution 136 on attracting strategic investors; amends and supplements a number of clauses in Article 13 on establishing the Da Nang Free Trade Zone, including amending and supplementing investment incentive policies; priority regimes according to customs law; financial management policies and investment support... in the Da Nang Free Trade Zone.

The City People's Council decided that it is necessary to have specific and special mechanisms and policies to develop the urban railway network system.

According to Mr. Nguyen Quoc Trung, representative of the Ministry of Construction, the Ministry basically agrees with the contents of the draft Resolution. The addition of Clause 5, Article 9 allowing the City People's Council to decide on the application of specific and special mechanisms and policies to develop the urban railway network system in the city is very necessary, the Ministry of Construction supports this view. Because the old Da Nang City is a centrally-run city, now merging with Quang Nam province, the space is large, the need for urban railway is very urgent. However, he also suggested that the drafting agency revise some contents related to urban planning to be suitable.

Agreeing with the necessity of issuing the Resolution, Mr. Nguyen Van Dung, representative of the Ministry of National Defense, affirmed that the content of the draft Resolution ensures security and defense issues. The representative of the Ministry of Public Security also said that the Ministry agreed with the necessity of issuing the draft Resolution, amending and supplementing it. The representative of the Ministry of Foreign Affairs also affirmed that the policies in the draft Resolution are not contrary to the commitments in the international treaties to which Vietnam is a member; they are eligible for submission.

Concluding the meeting of the Appraisal Council, Deputy Minister of Justice Phan Chi Hieu said that the Council agreed with the necessity of issuing the Resolution based on the reasons stated in the draft Report. However, he requested that the drafting agency clarify the urgency to handle issues arising from practice so that the shortened process and procedures can be applied.

According to the Deputy Minister of Justice, the contents of the draft Resolution are consistent with the Party's policies and guidelines, especially the policies and guidelines in Resolution No. 43 of the Politburo on the construction and development of Da Nang City; Conclusion 79 of the Politburo continues to implement Resolution No. 43 of the Politburo. The appraisal council requested the drafting agency to continue to carefully review the relevant Party's policies and guidelines.

Deputy Minister of Justice Phan Chi Hieu speaks at the meeting

Regarding the constitutionality, at point b, clause 4, Article 1 of the draft Resolution amending and supplementing clause 4, Article 11 of Resolution 136, it stipulates in the direction of expanding the cases of land recovery by the State. This is a sensitive and complicated issue, directly related to the rights and legitimate interests of land users. Therefore, it is recommended that the drafting agency continue to clearly explain the addition of the above cases of land recovery by the State to ensure compliance with the Constitution.

Regarding the legality and consistency of the legal system, according to Deputy Minister Phan Chi Hieu, because this is a pilot Resolution of the National Assembly, the draft Resolution has a number of provisions different from those of current law, so it is recommended that the drafting agency carefully review the draft Resolution and ensure the following principled issues: the amended and supplemented contents are truly specific, breakthrough policies, under the authority of the National Assembly that have not been regulated by current law; do not re-regulate existing contents.

The content of the draft Resolution is compatible with international treaties of which Vietnam is a member; ensures security and defense issues... Deputy Minister Phan Chi Hieu affirmed that the Council agreed that the dossier is eligible to be submitted to the Government after adjusting and supplementing some contents according to the requirements of the Appraisal Council.

Source: https://daibieunhandan.vn/hoan-thien-co-so-phap-ly-bao-dam-co-che-chinh-sach-dac-thu-vuot-troi-cho-da-nang-phat-trien-10395742.html