Be careful with the gap in urban and rural planning

The review agency believes that allowing plans to be made simultaneously but excluding urban and rural plans could create a legal gap in law enforcement.

Minister of Finance Nguyen Van Thang presented a report on the draft Law amending and supplementing a number of articles of the Law on Planning. Photo: QUANG PHUC

On the morning of May 9, at the plenary session of the National Assembly , Minister of Finance Nguyen Van Thang presented a report on the draft Law amending and supplementing a number of articles of the Law on Planning.

The Minister said that the draft has completed the planning system, in the direction of adding technical and specialized planning to the planning system; adding regulations allowing national planning, regional planning, provincial planning, and technical and specialized planning to be established at the same time.

For urban and rural planning, implement according to the provisions of law on urban and rural planning.

The planning content, according to the draft, is simplified to improve efficiency and feasibility; specifically, it will only include framework regulations of an orientational nature.

The list of expected important projects and priority investment projects in the planning is transferred to the planning implementation plan, and at the same time, the authority is delegated to the minister and the provincial People's Committee chairman to approve the plan to implement the national sector planning and provincial planning.

Vice Chairman of the National Assembly Vu Hong Thanh chaired the meeting. Photo: QUANG PHUC

Presenting his review opinion, Chairman of the Economic and Financial Committee Phan Van Mai commented that the draft law allows plans to be made simultaneously but excludes urban and rural planning (which is implemented according to the provisions of the law on urban and rural planning) which could create a legal gap in the application of the law because the 2024 Law on Urban and Rural Planning only allows general plans to be made simultaneously, but does not allow urban and rural plans to be made simultaneously with other plans.

It is recommended that the drafting agency carefully study and evaluate the above principles to ensure both strictness and full provision of plans that can be made at the same time, avoiding difficulties and obstacles during implementation.

- Chairman of the Economic and Financial Committee spoke

Regarding the policy of strengthening decentralization and delegation of power in state management of planning, the draft has delegated the authority of the Government to the Prime Minister to organize the establishment of national marine spatial planning and national land use planning; delegated the authority of the National Assembly to the Government to determine areas requiring regional planning and decide on national marine spatial planning and national land use planning.

The authority to decide on the list of priority investment projects in the plan to implement national sectoral planning and provincial planning, which used to belong to the Prime Minister, will be decentralized to ministers and provincial People's Committee chairmen...

The Chairman of the Provincial People's Committee has the authority to approve adjustments to the provincial planning after the Provincial People's Council approves the policy of adjusting the planning for the 2021-2030 period, to meet the requirements for administrative unit arrangement.

Scene of the 9th session, 15th National Assembly. Photo: QUANG PHUC

Basically agreeing with the regulations as presented, Mr. Phan Van Mai emphasized that some opinions in the appraisal agency suggested not yet decentralizing the authority of the National Assembly to the Government to decide on national marine spatial planning and national land use planning, especially in the case of establishing new plans.

“In terms of political and legal nature, both of these plans are strategic, comprehensive and have nationwide impact, and need to be placed under the supervision and decision of the highest state agency to strengthen control of power and orient sustainable development. Therefore, there is not enough basis to propose amendments to the decentralization of authority of the National Assembly to the Government to decide on the establishment of new national marine spatial planning and national land use planning in this draft law,” Mr. Phan Van Mai stated.

MR. PHUONG

Source: https://www.sggp.org.vn/than-trong-voi-khoang-trong-quy-hoach-do-thi-va-nong-thon-post794408.html