National Assembly Chairman Vuong Dinh Hue stated that the core issue currently facing the capital is environmental pollution. "Many foreigners in Hanoi say that the capital city is wonderful, except for the terrible air quality."
Based on the above facts, during the discussion of the draft Law on the Capital City (amended) at the 31st session of the National Assembly Standing Committee, Mr. Vuong Dinh Hue raised the question of whether this law, once enacted, will address the above issues and what powers will be granted to Hanoi in this matter? For example, regarding emission standards for cars and motorcycles, he wondered if there are regulations for motorcycles yet. He suggested that the capital city could even set higher, more proactive standards for environmental criteria and standards.
"Without emission standards for motorcycles, the problems of air pollution and traffic congestion cannot be solved. The upcoming plan includes a roadmap to restrict vehicles, but it only addresses the issue of fees," Mr. Vuong Dinh Hue noted.
Similarly, regarding flooding, the Chairman of the National Assembly analyzed that this is usually an inter-sectoral issue, with the government managing it comprehensively, but at the city level, should the city make the decision? "Because if we ask for opinions from this ministry or that sector and they 'shake their heads,' then we're out of luck."
He also cited the case of a waste incineration plant with a waste management plan, but a power generation plant without one, causing difficulties for many localities. He questioned whether, in cases where grid connection is possible and the capacity is not very large, the Capital City Law would grant the city the authority to make the decision.
"This is an opportunity for review. How can a developing capital city cope with traffic congestion and air pollution like this? Many foreigners love living in Hanoi, but they say the air quality needs improvement," the Speaker of the National Assembly reiterated.
A very important issue presented for the Standing Committee of the National Assembly's opinion at this session is the specific determination of the limits on the use of underground space by land users.
Currently, the draft Law is being designed with two options regarding this matter: Option 1 stipulates directly in the Law that land users are allowed to use the subsurface vertically within the boundaries of the land parcel, from the surface to 15 meters into the subsurface; beyond this depth limit, land users may still use the subsurface if it conforms to the planning but must obtain permission from the competent state agency and pay fees as prescribed by the Government. Option 2 assigns the Government to regulate the depth limit that land users are allowed to use; other provisions are similar to Option 1.
National Assembly Chairman Vuong Dinh Hue expressed his preference for option 2. According to this option, the law would stipulate the limits of underground space, while the specific limits would be left to the Government to determine, in order to better suit the reality.
“Saying that underground space exceeding 15 meters must be permitted if it conforms to planning regulations creates sub-permits. This fosters a negative, bureaucratic, and non-transparent mechanism. While there is no specialized legislation yet, this law stipulates that underground space has limits, and the specific limits are left to the Government to define. Transparency here is crucial; in the future, we can implement the law as it is, without having to ask anyone for permission,” said Mr. Vuong Dinh Hue.
Regarding this matter, Deputy Speaker of the National Assembly Tran Quang Phuong suggested further research and impact assessment to establish appropriate regulations. He noted that each project has different functions and therefore different depths, and that the geological conditions may vary from place to place. He argued that rigid regulations might be impractical and create obstacles during implementation.
National Assembly Secretary General Bui Van Cuong stated that regulations on the use of underground space by land users are necessary. However, he also suggested that a more scientific and comprehensive assessment is needed, avoiding the situation where regulations are included directly in the law and then amended later if they are not in line with practical realities.
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