Specify the competent authority and responsibility for managing urban and rural planning.

Discussing at Group 9 (including the National Assembly delegations of Hung Yen and Hai Phong provinces) this morning, November 7, delegates proposed that it is necessary to specify the competent unit to appraise and approve planning, and the responsibility for managing urban and rural planning within the boundaries of functional areas; avoiding conflicts of authority between agencies and organizations assigned to manage functional areas and the People's Committees at the commune level.

Review and redefine the concept of urban areas

National Assembly deputies in Group 11 agreed to amend and supplement a number of articles of the Law on Urban and Rural Planning to perfect the legal system on urban and rural planning.

National Assembly deputies discuss in Group 9

At point a, clause 1, Article 1 of the draft Law (amending some clauses of Article 2), the concept of urban areas has been adjusted. Accordingly, urban areas are areas with high population density and mainly operate in non- agricultural sectors, with technical infrastructure and social infrastructure.

According to the explanation of the drafting agency, the revision of this concept aims to clearly define the basic characteristics to identify an urban area.

However, National Assembly member Nguyen Van Huy ( Hung Yen ) said that this concept does not clearly reflect the organizational model, especially the current two-level local government organization model. This will cause difficulties in defining an urban area. Meanwhile, in reality, in some localities, in the process of merging communes and wards, there are places where 3 communes are merged with 1 ward to form a new ward.

National Assembly Delegate Nguyen Van Huy (Hung Yen) speaks

Therefore, with the regulation only describing urban as a space of concentrated population, economy , infrastructure without linking it with the corresponding management organization model, it will be very inappropriate in implementation. This regulation also lacks connection between the concept of urban and the corresponding administrative unit, causing difficulties in determining management authority.

With such analysis, to suit the current practical situation of implementing the two-level local government model, delegate Nguyen Van Huy suggested that the concept of urban area should be redefined in the direction that urban area is not only a space with high population density, high economic density and synchronous infrastructure, but also an area organized and managed according to the two-level local government model associated with the corresponding administrative unit.

Avoid conflicts of authority

Regarding the content of assigning the provincial People's Committee to assign responsibilities between the agencies and organizations assigned to manage functional areas and the commune-level People's Committees at Point a, Point b, Clause 9 and Clause 41 of Article 1 of the draft Law, National Assembly Delegate La Thanh Tan (Hai Phong) found that the provisions in the draft Law are not consistent with the Law on Organization of Local Government and are very difficult to implement.

Because the functions of the agencies and organizations assigned to manage functional areas as well as the functions, tasks and powers of the People's Committees at the commune level have been stipulated in the Law on Organization of Local Government and related legal documents. The regulation of the functions and tasks of the above agencies will create procedures and sequences to consider the division of functions and tasks of the two agencies.

On the other hand, to ensure consistency and consistency with legal regulations on local government organization and shorten the time for defining functions and tasks, delegate La Thanh Tan proposed to study and revise this content in the direction of: specifying the competent unit to appraise and approve planning, responsibility for managing urban and rural planning within the boundaries of functional areas; avoiding conflicts of authority between agencies and organizations assigned to manage functional areas and the People's Committees at the commune level.

Clause 26, Article 1 of the draft Law stipulates that in case the agency or organization assigned to manage the functional area does not organize a specialized agency with the function of state management of urban and rural planning, or the specialized agency with the function of state management of urban and rural planning under the People's Committee at the commune level does not meet the capacity requirements, the specialized agency for urban and rural planning under the People's Committee at the provincial level is responsible for appraisal, and the People's Committee at the provincial level approves the urban and rural planning task.

National Assembly Delegate La Thanh Tan (Hai Phong) speaks

According to delegate La Thanh Tan, the draft Law provides cases where agencies are assigned with specialized functions and authority but do not meet the capacity requirements to perform assigned functions and tasks, and then transfer them to higher-level agencies, which is not suitable in terms of organizational principles.

At the same time, the superior agencies appraising and approving on behalf of the subordinates may miss out on local policy and institutional orientations, losing the identity and specificity of each locality. In addition, there are also limitations in the implementation of projects organized by localities according to socio-economic development requirements; prolonging the appraisal and approval time and causing difficulties in coordination and unification.

Therefore, delegate La Thanh Tan suggested that this provision should be removed from the draft Law. Competent and competent agencies must be responsible for perfecting and perfecting their organizational apparatus to ensure the performance of assigned tasks.

Source: https://daibieunhandan.vn/quy-dinh-cu-the-don-vi-co-tham-quyen-trach-nhiem-quan-ly-quy-hoach-do-thi-va-nong-thon-10394822.html