Kinhtedothi - Discussing the differing contents of the Draft Law on Urban and Rural Planning, National Assembly deputies suggested adding principles for applying planning when there are conflicts between plans; clarifying the concept of "underground structures"; and clearly defining inner-city and urban areas...
On the morning of October 25th, at the 8th session of the 15th National Assembly, a plenary discussion was held in the assembly hall to address several contentious issues in the Draft Law on Urban and Rural Planning.
The regulations clearly define the rules to avoid conflicts between different planning schemes.
Speaking during the discussion, National Assembly representative La Thanh Tan ( from Hai Phong City delegation) argued that the draft law needs provisions to ensure the compliance of construction investment projects with urban and rural planning in cases where there are conflicts between the plans…
Article 8 of the Draft Law stipulates that when there is a conflict between urban and rural planning at the same level and with the same authority for plan approval, the authority with the authority to approve the plan shall decide which plan to implement; in cases where the planning is at the same level but with different authorities, the higher authority shall decide which plan to implement. Representative La Thanh Tan argued that such a regulation could lead to a situation where a project, upon encountering inconsistencies between plans, has to be halted to await a decision from the competent authority or to wait for adjustments to the plans to ensure consistency before implementation can proceed.
Furthermore, Article 8 of the Draft Law only addresses the conflict between urban and rural planning as stipulated in this Law. However, in reality, conflicts and overlaps between construction plans and many other plans such as mineral, energy, transportation, agriculture , and land use plans have not yet been resolved.
Based on the above analysis, delegate La Thanh Tan suggested that the drafting agency should research and add principles for applying and using planning when there are conflicts between plans. This would provide a basis for quick identification and application, avoiding waste of time, costs, and opportunities for investors and state resources.
Sharing the same concern, National Assembly representative Ly Tiet Hanh (Binh Dinh province delegation) stated that urban and rural planning is closely related to many other types of planning, linked to specific investment projects; therefore, this draft law relates to many different specialized laws. The representative suggested that the drafting committee continue to research and review the provisions of the draft laws to ensure consistency, uniformity, and avoid overlaps.
Clearly define inner-city and outer-city areas.
Commenting on the draft law, National Assembly representative Nguyen Phuong Thuy (Hanoi delegation) suggested that the National Assembly consider adding to Article 2 a definition of the term "inner city/urban area"; and at the same time, add some regulations on requirements and principles for planning inner city/urban areas in Articles 6 and 7, and requirements on planning criteria for urban classification applicable to this area in Articles 20 and 21.
"This will help to mitigate current shortcomings in urban planning and development, reduce waste in investment of resources for urban development, social infrastructure, and technical infrastructure; and lay the foundation for building a streamlined, efficient, and professional urban government organizational model," said delegate Nguyen Phuong Thuy.
According to Representative Ly Tiet Hanh, the concepts of urban and rural areas as presented in the draft law, based on population density, whether the economic sector is agricultural or non-agricultural, its central nature, and its role in promoting development, will create difficulties.
In reality, in our country, cities have inner and outer districts; towns have inner and outer urban areas; rural districts also have urban areas; many rural areas have high population density, and the proportion of people engaged in agriculture has gradually decreased. In many rural areas, the infrastructure and economic development potential are very good. Therefore, the delegate suggested that the drafting agency continue to research and explain the concepts of urban and rural areas to ensure clearer and more distinct identification.
A master plan is needed for centrally-governed cities.
Regarding the concept of "cities within cities," National Assembly representative Nguyen Quang Huan (from Binh Duong province) suggested that the drafting agency consider whether to include the concept of "mega-cities" in the draft law.
Regarding urban planning at the city level directly under the central government, delegate Nguyen Quang Huan argued that Article 21 on urban planning at the city level directly under the central government is too detailed and may cause difficulties for implementing agencies, suggesting that it be reconsidered and written in a more comprehensive manner.
National Assembly representative Hoang Van Cuong (Hanoi delegation) agreed with the view that, for centrally-governed cities, in addition to provincial planning, there needs to be a general planning scheme. The representative argued that a general planning scheme is necessary for centrally-governed cities because each type of planning has different functions; clear distinctions are needed to avoid overlap and duplication.
Representative Hoang Van Cuong proposed that Article 20 of the Draft Law should stipulate the following: specifying the contents regarding the development of infrastructure elements, rather than providing guidance. Even in areas without zoning plans, the boundaries of these elements must be clearly defined and marked; and in areas with zoning plans, the zoning plan should determine the boundaries.
Commenting on the draft law, National Assembly representative Pham Thi Thanh Mai (Deputy Head of the Standing Delegation, Hanoi National Assembly Delegation) stated that regarding the urban planning system, in implementing the 2009 Urban Planning Law and the General Planning for the Construction of the Capital, Hanoi City has developed a general plan for the Capital, and below this general plan are general plans for satellite cities, ecological towns, towns, and townships. Only below the general urban plan are urban sub-area plans developed. Therefore, to develop a sub-area plan, it is necessary to go through two levels of general planning: the general plan for the capital and the general plans for cities and towns.
Currently, the draft Law on Urban and Rural Planning continues to stipulate in Articles 3 and 20 that the approved general planning of centrally-governed cities serves as the basis for developing general plans for towns, cities under centrally-governed cities, new urban areas, etc. This leads to the situation where, after the revised general planning of Hanoi Capital City until 2045, with a vision to 2065, is approved, Hanoi will have to continue developing general plans for its two subordinate cities, satellite cities, towns, and townships before it can develop detailed zoning plans.
Representative Pham Thi Thanh Mai proposed adding a regulation that, for centrally-governed cities, only one level of city-level master plan should be established, followed by the immediate creation of sub-area plans to avoid waste and quickly unlock resources for national development.
Source: https://kinhtedothi.vn/lam-ro-tieu-chi-trong-lap-quy-hoach-do-thi-han-che-lang-phi-nguon-luc.html
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