Supplementing criteria for capacity to connect digital infrastructure and urban data
Agreeing on the need to amend and supplement a number of articles of the Law on Urban and Rural Planning, delegate Nguyen Tam Hung (Ho Chi Minh City) commented that the draft Law has made an important step forward in perfecting a unified, modern, transparent planning institution, in line with the two-level local government organization model and the trend of developing green - smart - sustainable urban areas.
Commenting on the definition of urban areas, new urban areas and urban-rural planning, delegate Nguyen Tam Hung said that the draft Law has clarified the nature of "space - infrastructure - economic - social role" of urban areas; but it is necessary to consider adding criteria for the capacity to connect digital infrastructure and urban data in the definition.
Explaining this proposal, delegate Nguyen Tam Hung said that the urbanization process according to the smart model requires urban authorities to manage with digital data. If it is not clearly stated in the Law, the criteria for classifying urban areas and investment classification will be difficult to implement consistently.
Regarding the classification of planning types, delegate Nguyen Tam Hung said that the draft Law's addition of "underground space planning" and "specialized technical infrastructure planning for the city" is a very timely direction.
However, the drafting agency should consider adding a mechanism to determine "dominant pillar planning" when conflicts arise between planning layers. "This mechanism helps to promptly resolve legal conflicts during the process of planning, appraisal, approval, and implementation," delegate Nguyen Tam Hung emphasized.
Sharing the same view, delegate Nguyen Hoang Bao Tran (Ho Chi Minh City) said that underground space planning needs to determine management boundaries quantitatively, clarify the synchronization between underground space, ground space, and technical construction space; ensure traffic connectivity, drainage, and disaster prevention and control.
"Adding this evaluation criterion right in the Law will ensure high legality, avoiding having this important content included in the decree," delegate Nguyen Hoang Bao Tran proposed.
Besides, delegate Nguyen Hoang Bao Tran said that one of the biggest problems at present is the lack of consistency between the general planning, zoning planning and detailed planning, causing the investment project implementation process to be prolonged.
According to delegates, many localities have reported a situation of "planning waiting for planning", where projects cannot be implemented because they have to wait for different planning levels to be approved or adjusted. In many communes, especially in rapidly developing rural areas, the general planning for commune construction and new rural planning cannot keep up with changes in population, production and land. This has led to suspended planning, agricultural land interspersed in residential areas or the inability to arrange land for services and commerce. Many communes do not have the resources to establish and adjust planning, leading to outdated records, making it difficult to apply in investment management and construction licensing...
According to delegate Nguyen Hoang Bao Tran, the problem that is causing many difficulties is the requirement to establish detailed planning at 1/500 scale even for projects with very specific technical infrastructure. Therefore, the draft Law needs to add a more flexible mechanism for groups of projects with highly technical characteristics. According to the delegate, this does not reduce the level of State management, but on the contrary, will eliminate overlapping procedures, ensuring the progress of project implementation.
Strong decentralization must go hand in hand with coordination mechanisms.
Commenting on the draft Law, delegate Thach Phuoc Binh (Vinh Long) said that the current law clearly divides the authority between the central and local levels but is still rigid, causing many low-level planning procedures to be prolonged.
According to the delegate, the draft Law has promoted decentralization and delegation of power from the provincial People's Committee to the commune People's Committee, allowing the commune level to establish and approve some types of detailed planning. However, delegate Thach Phuoc Binh said that strong decentralization must go hand in hand with a coordination mechanism to avoid fragmented or unsynchronized planning.
Regarding this content, delegate Trieu Thi Ngoc Diem (Can Tho) proposed that there should be solutions for the People's Committees at the commune level and related units to improve the conditions on organizational structure, personnel, and capacity of the commune-level government; assign specialized units to guide the approval of planning tasks and general planning at the commune level to ensure compliance with regulations.
Agreeing to assign commune level to make land use planning and plans, delegate Pham Van Hoa (Dong Thap) said that this regulation must be implemented on the basis of the province's general planning.
Expressing concern about the current shortage and weakness of commune-level officials, delegate Pham Van Hoa suggested that there should be active support from the provincial level, especially in terms of professional staff, in carrying out this task. "If the communes themselves carry out approval, appraisal or hire consultants, it will be very difficult," delegate Pham Van Hoa said.
Sharing the same view, delegate Nguyen Thi Suu (Hue city) emphasized that the draft Law stipulates that the People's Committee at the commune level is allowed to approve the general planning of the commune, which shows progress in decentralization; however, it does not stipulate the requirement for appraisal before approval, and there is no supervision mechanism at the provincial level, so conflicts with higher-level planning can easily occur if the commune approves without reference.
Therefore, delegate Nguyen Thi Suu proposed to clearly define the conditions for decentralization to communes such as having a professional apparatus, personnel with practice certificates, and digital infrastructure to serve planning work; supplementing regulations that provincial-level professional agencies must appraise before commune approval; supplementing regulations that the provincial People's Committee must assess the capacity and recognize commune status before decentralization; and taking legal responsibility if commune planning violates higher-level planning.
Source: https://baotintuc.vn/thoi-su/phan-cap-quy-hoach-manh-me-can-di-kem-co-che-dieu-phoi-20251128182907405.htm
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