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Delegating authority to the Provincial People's Committee to approve certain provincial and city planning schemes.

Báo Đại Đoàn KếtBáo Đại Đoàn Kết25/10/2024

The authority to approve plans that specifically implement provincial plans and general plans for centrally-governed cities is delegated from the Prime Minister to the Provincial People's Committees.


On October 25th, Vu Hong Thanh, Chairman of the National Assembly's Economic Committee, presented a report explaining, receiving feedback, and revising the draft Law on Urban and Rural Planning.

Regarding soliciting opinions on planning tasks, according to Mr. Thanh, the draft Law has been revised by redesigning Articles 35 and 36, distinguishing between soliciting opinions on planning tasks and soliciting opinions on urban and rural planning in terms of responsibility, subjects, content, form, and time for soliciting opinions.

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Mr. Vu Hong Thanh reports to the National Assembly (Photo: Quang Vinh)

Accordingly, only community opinions should be sought regarding urban planning projects. The procedures for soliciting community opinions shall be carried out in accordance with the law on the implementation of democracy; the agency responsible for preparing the urban planning project shall be responsible for compiling, incorporating, and explaining community opinions, and must publicly disclose them while ensuring democratic principles are upheld.

Regarding the scope of those seeking opinions, Mr. Thanh informed that this issue is clearly defined in the urban planning task. To shorten the time for organizing the planning task and the planning process, the time for soliciting opinions has been adjusted; for planning tasks, agencies are required to provide feedback within 7 days of receiving complete documentation.

For rural urban planning, agencies, organizations, and experts are required to provide feedback within 15 days of receiving complete documents, while the community is required to provide feedback within 30 days, ensuring that it is consistent with the nature, requirements, and purpose of the consultation.

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Delegates attending the session (Photo: Quang Vinh)

In addition, the draft Law has moved the provision in Article 40 regarding obtaining opinions from the Ministry of Construction and specialized agencies on rural urban planning to Article 36 and revised it to clarify the content, legal value, and time limit for these agencies to provide opinions, in accordance with the practical aspects of rural urban planning in our country.

According to Mr. Thanh, regarding the authority to approve planning tasks and urban and rural planning; the authority to approve adjustments to urban and rural planning, incorporating feedback, the draft Law has been revised to further decentralize the approval authority from the Prime Minister to the provincial People's Committees for plans that concretize provincial planning and general planning of centrally-governed cities already approved by the Prime Minister, in order to strengthen the role, initiative, and responsibility of local governments.

In addition, clarify the authority of the Prime Minister to approve general plans, zoning plans, and detailed plans for areas of national importance in terms of politics, culture, history, security, and defense as defined in national-level plans, regional plans, and general plans of centrally-governed cities.

At the same time, regulations are added stipulating that for rural urban planning projects under the approval authority of the provincial People's Committee that are organized by the district People's Committee, the district People's Committee shall organize the preparation, appraisal, approval, and publication of local adjustments to the plan according to the procedures prescribed by the provincial People's Committee.

The draft law continues to stipulate that the Prime Minister has the authority to approve planning tasks and general planning for cities under provincial administration that are classified as Type I urban areas, in accordance with the position, function, and role of Type I urban areas that require strict spatial control.



Source: https://daidoanket.vn/phan-cap-cho-ubnd-tinh-phe-duyet-mot-so-quy-hoach-tinh-thanh-pho-10293017.html

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