When the Urban and Rural Planning Law Project is about to be submitted to the National Assembly, the request to eliminate tenure thinking, the ask-give mechanism, and install benefits in many stages of planning activities is placed. go out.
 |
| Discussion session on the Law on Urban and Rural Planning Project of the National Assembly Standing Committee |
Tighten local adjustment regulations
Submitting the Urban and Rural Planning Law Project at the 32nd Session of the National Assembly Standing Committee, Minister of Construction Nguyen Thanh Nghi stated that, on the basis of implementing regulations on urban planning, Rural planning, construction planning in the 2017 Planning Law, Law Project proposes to inherit and complete the regulations on urban planning in the 2009 Urban Planning Law and regulations on construction planning (including rural planning and functional areas) in Chapter II, Law on Construction into a law called the Law on Urban Planning and Rural Planning.
This is to ensure unity and synchronization, serving as a basis for integrated urban and rural development planning according to the orientations of the Party and State. The scope of regulation of the Law on Urban and Rural Planning is: “This Law regulates the urban and rural planning system; establish, evaluate, approve, review and adjust; organize the management of urban and rural planning and the content and responsibilities of state management of urban and rural planning. Organizing, implementing and managing urban and rural development is not within the scope of this Law.
Designed with 5 chapters and 61 articles, the Draft Law on Urban and Rural Planning (Draft) focuses on 3 major policies, perfecting planning system regulations; on planning, appraisal, approval, review and adjustment of planning; on choosing a planning consulting organization, funding sources and other relevant regulations.
Among the new points, Minister Nguyen Thanh Nghi said that the Draft has added strict regulations on conditions and requirements for local adjustment of planning. Specifically, the Draft proposes regulations that must review the planning before making local adjustments to the planning, and at the same time meet the grounds and conditions for adjustment such as not changing the scope, boundaries, and regulations. tissue, properties, and functions of the regulatory area; Have an assessment of social infrastructure, technical infrastructure, negative impacts of adjustments and propose solutions and implementation measures to ensure compliance with superior planning, regulations and standards. related…
In the impact assessment report, the Ministry of Construction said that, for planning adjustments, continuing to follow current policies leads to not promptly meeting the requirements for management and implementation of construction investment in the area. countryside. Failure to promptly and fully review and evaluate the planning implementation situation will lead to planning adjustments that do not meet practical requirements, affecting the effectiveness and efficiency of planning work. plan. Regulations on planning adjustments, especially local adjustments, are not clear and strict, which can lead to group benefits such as adjusting planning after implementing a construction investment project, prolonging it. Construction investment project implementation time...
The additions and amendments to regulations on planning adjustment, especially local adjustments, in the Draft are assessed to strengthen strict control of planning adjustment, ensuring publicity, transparency, and Limit group interests in implementing construction investment projects.
Accordingly, the Draft stipulates that local adjustments to urban and rural planning will be carried out when the proposed adjustment does not change the nature, functions, boundaries and main planning solutions. of the area that has been planned and approved; ensure not to overload the technical and social infrastructure of the area expected to be adjusted in planning.
Publicize information for people to discover
Besides adjusting planning, the risk of implanting group and local interests also needs to be prevented at the stage of mobilizing resources to support planning activities.
According to the agency in charge of drafting, the law on urban planning stipulates: "The State encourages domestic and foreign organizations and individuals to sponsor funds for construction planning." . However, the way to receive funding and use funding has not been specifically regulated or guided, leading to confusion in implementation.
The draft aims to create a legal corridor to encourage organizations and individuals to sponsor planning activities, ensuring the use of a variety of legal funding sources for planning work, in order to speed up progress. Establish, evaluate, approve and organize implementation according to approved planning.
Providing complete information will limit negativity
- Chairman of the Legal Committee Hoang Thanh Tung
I highly agree with the need for transparency and very clear regulations on access to information for planning. This is an issue that people are very concerned about and is the basis for implementing urban development management activities and ensuring negative prevention, because when we provide adequate information, it will limit obtain permission mechanisms or possible negatives in urban management and development. The Law on Access to Information and the Law on Implementing Grassroots Democracy have very specific regulations on the public disclosure of information related to types of planning, when it must be announced, what form of disclosure, What is the method? We recommend that the drafting agency continue to review carefully to be consistent with the provisions of these two laws.
The solution is to amend and supplement current regulations on funding for planning activities to allow the use of other legal capital sources other than public investment capital; Specific regulations on how to receive and use planning funding.
Basically agreeing with the mobilization of resources to support planning activities, but General Secretary of the National Assembly Bui Van Cuong said that the mobilization and use of resources should be strictly regulated to avoid the risk of corruption. Through planning support to influence policies, "install" group and local interests. Mr. Cuong proposed adding more specific regulations on public disclosure and transparency of information of supporting organizations and individuals, agencies and units receiving support resources and the use of support resources. .
“Disclose information from supporting agencies and units so that people will immediately discover it if it is related to the installation. Otherwise, there will be a local reality, some businesses want to sponsor the planning, so if information is not disclosed, then people will install benefits, which will be very tiring. The draft requires socialization of resources, but it also needs to be widely announced," Mr. Cuong stated.
The Secretary General of the National Assembly also noted that Article 14 stipulates that ministries, ministerial-level agencies, People's Committees of provinces and centrally-run cities and relevant agencies decide or submit to the Prime Minister to decide on the reception and management of the National Assembly. manage and use resources to support urban and rural planning activities of domestic and foreign organizations and individuals.
“It is requested to clarify which relevant agency has the authority to decide to receive and use the support source, which cases must be decided, and which cases need to be submitted to the Prime Minister to decide on the reception for consideration. ensure strictness and feasibility when the law takes effect," Mr. Cuong commented.
Whenever it comes to planning, whether monitoring or law-making, the risk of benefit manipulation is a concern of many National Assembly delegates. Therefore, in the preliminary examination of the Urban and Rural Planning Law Project, one of the contents according to the Standing Committee of the Economic Committee that needs special emphasis is to resolutely eliminate the mindset of tenure and mechanism. asking - giving, "group benefits" in the construction, adjustment, and supplementation of planning, leading to a situation of "hanging" projects and slow implementation in practice.
Vice Chairman of the National Assembly Nguyen Duc Hai proposed that the Government direct the drafting agency and relevant agencies to study and absorb the opinions of the National Assembly Standing Committee and the opinions of the inspection agency to complete the project. Law project file. The National Assembly's Economic Committee will officially verify and submit to the National Assembly for consideration at the Seventh Session, scheduled to open on May 20.
