Potential conflicts between spatial planning and land use planning when implementing projects

If it still has to be submitted to the Prime Minister, progress will not be guaranteed.

On the morning of November 7, continuing the discussion session at Group 11 (including the National Assembly Delegation of Can Tho City and the National Assembly Delegation of Dien Bien Province) on the draft Law amending and supplementing a number of articles of the Law on Urban and Rural Planning, Minister of Finance Nguyen Van Thang, National Assembly Delegate of Dien Bien Province, stated that this is a very important law, close to localities.

According to the Minister, in recent times, the Law on Urban and Rural Planning has made positive contributions to the operation and development of localities. However, during the operation process, especially when implementing the new organizational model related to localities, it requires appropriate amendments and supplements.

Minister of Finance Nguyen Van Thang, National Assembly Delegate of Dien Bien province, speaks

The Minister said that the Ministry of Finance is working closely with the Ministry of Construction and the Economic and Financial Committee to complete this draft Law. Through studying the documents, the Minister said that there are still some contents that need to be considered and completed.

Regarding decentralization and delegation of power, Minister Nguyen Van Thang said that the draft Law on Planning (amended) has been designed to promote decentralization and delegation of power to localities in accordance with the spirit of "locality decides, locality does, locality is responsible".

However, in the draft Law amending and supplementing a number of articles of the Law on Urban and Rural Planning, the general planning of centrally-run cities is still under the authority of the Prime Minister.

The Minister stated that the general planning of a centrally-run city is a planning to concretize the provincial planning, in other words, this is a "subordinate" planning of the provincial planning. Currently, the draft Law on Planning is decentralizing the authority of provincial planning to the Chairman of the Provincial People's Committee.

Therefore, the authority over the general planning of centrally-run cities must also follow this spirit, decentralized to the Chairman of the People's Committee of centrally-run cities for approval to ensure consistency with provincial-level planning and create conditions to accelerate the progress of investment projects in large urban areas.

“Cities under central authority are dynamic development centers, requiring flexible and timely mechanisms. If we still have to submit to the Prime Minister, we will not be able to ensure progress,” the Minister emphasized.

In addition, the Minister also proposed to study the elimination of intermediate planning levels. Specifically, the current urban and rural planning system has 3 levels: general planning, zoning planning and detailed planning. The Minister proposed to eliminate the intermediate level of zoning planning, keeping only general planning and detailed planning to streamline the process and save time.

Minister Nguyen Van Thang also proposed to supplement regulations on planning types and levels for ward administrative units in the urban and rural planning system, to serve as a basis for implementing planning, management and construction according to planning in the ward area.

Along with that, it is necessary to continue reviewing regulations on functional area planning to "avoid overlap" with regulations of other specialized laws and avoid overlapping management functions between ministries and branches.

Regarding planning content, the Minister proposed to supplement and clearly specify the content for each type of planning of communes, special zones, and wards in the draft Law because these areas have different characteristics in terms of terrain, population, and economic development.

It is necessary to supplement provincial land use planning as a direct basis for zoning planning.

Regarding the basis for planning and inter-sectoral synchronization, National Assembly Deputy Dao Chi Nghia (Can Tho) proposed adding provincial land use planning as a direct basis for zoning planning.

The delegate said that in Clause 7, Article 1, it is stipulated that zoning planning is based on provincial planning and regional planning. However, provincial land use planning according to the Land Law is also a direct and detailed legal document for land allocation according to function.

According to delegates, not using land use planning as a direct basis for zoning planning will potentially create conflicts between spatial planning and land use planning when implementing investment projects.

National Assembly Deputy Dao Chi Nghia (Can Tho) speaks

The delegate proposed to amend in the direction: the zoning plan will be established based on one of the city's general plans, urban general plans (if any), zoning plans as prescribed in Point c, Clause 3, Article 3, based on one of the provincial plans, regional plans and provincial land use plans.

Regarding the responsibility for organizing the establishment and implementation capacity at the grassroots level in Clause 9, Article 1, delegate Dao Chi Nghia emphasized the need to ensure independence between establishment and appraisal. Strong decentralization to the People's Committee at the commune level but without an independent specialized agency will make implementation in practice very difficult.

Therefore, the delegate proposed to amend Clause 9, Article 1 in the direction that the responsible organization shall organize the establishment of urban and rural planning as prescribed in this law, implement the establishment and appraisal of planning tasks, urban and rural planning on the principle of ensuring independence between the establishment and appraisal of planning tasks, urban and rural planning. In case it is not possible to arrange independence in the implementing agency, it must ensure independence in the personnel directly performing the establishment and appraisal, without overlap and without concurrent positions.

"If we stipulate this, it will be clearer in the coordination mechanism at the local level," the delegate emphasized.

Regarding the coordination mechanism for functional area management, the delegate said that Clause 2 and Clause 9, Article 1, amending and supplementing Clause 2, Article 17, stipulates that the Provincial People's Committee assigns responsibilities between the functional area management agency and the Commune People's Committee.

The delegate suggested that it is necessary to clarify the mechanism when the functional area management agency established by the Prime Minister is not directly under the provincial level and to supplement this content. In case the agency, organization or unit assigned to manage the functional area is not a unit under the provincial People's Committee, the coordination and assignment of responsibilities must be carried out through the coordination regulations issued by the provincial People's Committee to ensure consistency and unity.

Regarding the management of planning operation costs, the draft Law has decentralized the authority to approve the cost estimates for planning operations to People's Committees at all levels as stipulated in Clause 5, Article 1. Delegate Dao Chi Nghia said that this will help overcome the situation of overload and slow progress at the provincial level.

"However, decentralization must be accompanied by control regulations." Emphasizing this, the delegate suggested that in the content assigned to the Government for detailed regulations, it is necessary to clearly define not only regulations on budget management but also ensure principles on norms, monitoring procedures, and the use of decentralized planning operation costs to avoid the risk of abuse of power and ensure effective and proper use of capital resources.

"We determine that the Government regulates, but we also need to clarify the contents that the Government needs to regulate in detail," said the delegate.

Source: https://daibieunhandan.vn/tiem-an-xung-dot-giua-quy-hoach-khong-gian-va-quy-hoach-su-dung-dat-khi-trien-khai-cac-du-an-10394841.html