Clear conditions for projects to be "done differently" from the planning

Continuing the 10th Session, on the morning of November 7, the National Assembly discussed in groups: the draft Law on Planning (amended); the draft Law on amending and supplementing a number of articles of the Law on Urban and Rural Planning; and the adjustment of the National Master Plan for the 2021-2030 period.

Group 4 (Lao Cai, Khanh Hoa, Lai Chau) — Delegates discussed in Group 4 on the morning of November 7. Photo: Ho Long

Discussing in Group 4 (including the National Assembly delegations of Khanh Hoa , Lai Chau and Lao Cai provinces), delegates all expressed their approval of amending and supplementing laws on planning as well as adjusting the National Master Plan.

"This amendment to the law is quite comprehensive and synchronous. Once passed, it will fundamentally remove difficulties, obstacles, and inadequacies in organizing, developing, approving, and implementing planning," said National Assembly Deputy Nguyen Quoc Luan ( Lao Cai ).

The relationship between the plans is not reasonable.

Giving specific comments on the draft Law on Planning (amended), delegate Nguyen Quoc Luan said he had two concerns.

First, the relationship between plans. At point d, Clause 3, Article 5 stipulates: regional planning must be consistent with sectoral planning. Meanwhile, according to Article 35, the Prime Minister approves regional planning, the Minister approves sectoral planning.

According to delegates, regulations like the draft Law will lead to the story that planning approved by a higher level must comply with planning approved by a lower level, and this is "unreasonable".

“In principle, low-level planning must comply with higher-level planning.” Emphasizing this, the delegate suggested that it is necessary to study and clarify this content appropriately, otherwise there will be problems during implementation.

National Assembly Deputy Nguyen Quoc Luan (Lao Cai) speaks. Photo: Ho Long

Second, regarding the assessment of the project's conformity with the planning in the approval or ratification of investment policies and investment decisions (Article 48), Point b Clause 3 stipulates: In case the project is not consistent with the planning implemented according to the provisions of Article 6 of this Law, the project must be adjusted to ensure conformity with the implemented planning.

According to delegate Nguyen Quoc Luan, regardless of whether the project is new or ongoing, it must be in accordance with the planning. However, there are projects being implemented at this time that are in accordance with provincial and regional planning, but when the law comes into effect, they may no longer be suitable. "So how will we handle it?", the delegate asked.

Article 56 on transitional provisions does not provide for these projects.

Believing that rigid handling will cause difficulties and waste, delegates suggested that the draft Law should have transitional provisions for these projects.

Also related to the content of Article 48, the draft Law stipulates: For special public investment projects according to the provisions of the law on public investment, urgent projects, and urgent tasks, the competent authority deciding on project investment is allowed to decide on the contents of the investment decision different from the relevant planning (Clause 4).

National Assembly Deputy Nguyen Huu Toan (Lai Chau) agreed that these projects have the right to "diverge from the planning", but the draft Law needs to clearly stipulate conditions to facilitate implementation.

Review to reduce industry planning

Regarding industry planning, the draft Law has reduced the number of planning types from 78 to 49. However, according to delegate Nguyen Huu Toan, "if we continue to review carefully, we can still reduce it further."

National Assembly Deputy Nguyen Huu Toan (Lai Chau) speaks. Photo: Ho Long

For example, in the detailed sector planning, there is a plan for the preservation, restoration and rehabilitation of relics. "Can these things be planned?". When asked such a question, the delegate said that this is a periodic activity, depending on the assessment of the current situation to proceed. Similarly, archaeological planning should be included in the Heritage Law.

"Plans with unclear bases will cause overlap and difficulties for other plans," said the delegate.

Also related to the 49 sectoral plans, delegate Nguyen Huu Toan said that, basically, lower-level plans must comply with higher-level plans, and detailed sectoral plans must follow sectoral plans. If there are conflicts or overlaps among these 49 plans, how will they be handled? Which plan will be given priority?

Affirming that this is a difficult task, delegates suggested that the draft Law needs to clarify the process and hierarchy in planning to facilitate implementation.

Regarding decentralization and delegation of power in planning activities, delegate Nguyen Huu Toan agreed with the Government's proposal that the National Assembly approve one type of planning, the National Master Plan, and decentralize the rest to the Government for national marine spatial planning and national land use planning.

“Such a regulation is appropriate, because the National Master Plan already has a number of major targets on land use and marine space. This decentralization will also ensure the management goals as well as the socio-economic development process,” the delegate said.

In addition, according to delegate Nguyen Huu Toan, the administrative boundary merger has changed the scope of provinces and cities. For example, Da Nang city now includes border areas and remote areas.

Therefore, delegates suggested that the draft Law should clearly define the content of provincial and municipal planning and "use only one planning to avoid duplication and overlap".

Source: https://daibieunhandan.vn/ro-dieu-kien-de-du-an-duoc-lam-khac-voi-quy-hoach-10394809.html