The draft law aims to build a unified, streamlined, and effective national planning system; perfect the plans after the administrative unit arrangement with a long-term vision, freeing up resources, clearing bottlenecks; simplifying processes and procedures; striving to reduce at least 30% of procedures, decentralizing, delegating powers and assigning tasks reasonably, combined with strengthening inspection, supervision, and strict control of power; ensuring conformity with the 2-level local government organization model. The law also aims to perfect regulations on the planning system, the relationship between types of planning and handling conflicts between plans.
The draft Law on Planning (amended) completes regulations on the planning system including: National-level planning (national master planning, national marine spatial planning, national land use planning, sectoral planning); Regional planning; Provincial planning; Sectoral detailed planning; Urban and rural planning; Planning of special administrative- economic units as prescribed by the National Assembly.
The draft also clearly states the relationship between plans according to the following principles: Lower plans must be consistent with higher plans; Sectoral detailed plans must be consistent with the plans that are specified and ensure harmony with the spatial arrangement and distribution orientation of related regional plans; Provincial plans must be consistent with national plans, regional plans, and related sectoral detailed plans; Urban and rural planning must be consistent with provincial plans and sectoral detailed plans.
The list of planning has been reviewed and the number of plans has been reduced according to the principle of "one agency performing many tasks, one task is assigned to only one agency to preside over and take primary responsibility". Accordingly, the number of sectoral plans has been reduced from 78 types of plans to 49 plans (a decrease of 37%).
Regarding the authority to organize planning: The Government organizes the preparation of national master plans; ministries organize the preparation of national marine spatial plans, national land use plans, sectoral plans and regional plans; Provincial People's Committees organize the preparation of provincial-level plans.
The National Assembly decides on the national master plan; decentralizes the Prime Minister to approve the national maritime spatial plan, national land use plan and regional plan; the authority to approve sectoral plans is implemented according to the Government's regulations to ensure flexibility in the Government's direction and administration; the Minister approves the sectoral detailed plan; decentralizes the authority to the Chairman of the Provincial People's Committee to approve the provincial plan; the authority to approve urban and rural plans is implemented according to the provisions of the law on urban and rural areas.
The draft simplifies the process and procedures in planning activities, adds regulations allowing plans to be prepared simultaneously and the order of planning approval; stipulates special cases where lower-level plans are approved first to implement urgent projects and tasks.
The Economic and Financial Committee examining the draft law proposed to continue reviewing and reaching consensus on the viewpoints on amending, supplementing and regulating urban and rural planning and land in the direction of avoiding rigid and overly specific regulations.
The Committee believes that it is necessary to continue studying the possibility of merging all types of development space planning to streamline the planning system, reducing the number of plans that must be established, appraised, approved, and compared. There are opinions suggesting not to establish a separate provincial land use plan but to include the main land use indicators in the provincial plan, in which, only rice land, forest land, national defense land, and security land should be controlled.
Many opinions proposed to establish a single master plan for the city based on the consolidation of the content of the Provincial Planning and the City Master Plan; some opinions continued to propose to establish separate Provincial Planning and City Master Plan.
In general, the Committee believes that the expansion of the scope of regulation, including technical and specialized planning that has been stipulated in many other laws and ordinances into this draft law, but the "hierarchy" and "before - after" nature are not clear, the criteria and content to assess the conformity between the plans are not clearly defined, and the method of handling conflicts between these plans is not clear; therefore, not only has it not fundamentally resolved the main difficulties and problems in the past regarding planning work, but many new bottlenecks may also arise.
Therefore, the Committee recommends that the drafting agency fully absorb the concluding comments of the National Assembly Standing Committee, preliminary review comments and review comments to complete the draft law, ensuring quality for submission to the National Assembly for consideration and approval.
Source: https://www.sggp.org.vn/lo-phat-sinh-nhieu-diem-nghen-moi-ve-thuc-hien-luat-quy-hoach-post822232.html
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