Delegate Duong Van Phuoc commented that this is a special law, so the reception, revision and completion of the draft law must be carried out carefully and thoroughly, ensuring the consistency and synchronization of the legal system, in accordance with newly promulgated laws and draft laws being simultaneously submitted to the National Assembly for consideration at the 8th Session.
The Law on Urban and Rural Planning is an important draft law, directly affecting planning, construction, management orientation and sustainable urban development, rural construction in a modern direction associated with urbanization nationwide associated with state management of local authorities at all levels, deeply affecting the implementation of construction investment projects of enterprises and people. The content of the draft law is both specialized and technical in nature and related to many provisions of other laws.
Regarding the urban and rural planning system, delegate Duong Van Phuoc proposed to remove the content "Areas requiring zoning planning according to regulations of land law and related laws" stipulated in Article 3.
According to delegate Duong Van Phuoc, urban and rural zoning planning must be carried out in accordance with the law on urban and rural planning. In case of conflicts between laws, there must be unified adjustments in a specialized law instead of having to review all laws, to ensure the consistency and effectiveness of specialized laws.
At the same time, review the detailed planning for "Areas determined according to land law for bidding to select investors to implement investment projects using land or auction land use rights".
The delegate said that currently, the law on land and housing only stipulates detailed planning for housing projects. The regulation of detailed planning for all projects bidding to select investors for auctioning land use rights (including housing projects) will not be effective, because detailed planning requires mobilizing creativity, value and difficulty for adjustment after bidding and auction.
Regarding funding for urban and rural planning activities, delegate Duong Van Phuoc proposed in Article 10 to add the content of assigning authority to "People's Committees at all levels to approve budget estimates according to the decentralization of the law on budget for projects under their responsibility" to ensure proactiveness, increase decentralization, delegation of authority, and responsibility of authorities at all levels; at the same time, adding the above provision will clearly assign funding under the responsibility of the planning level, avoiding pushing and prolonging implementation time.
Regarding the basis for urban and rural planning, delegates proposed adding a provision "taking the legal basis of land use results and provincial planning approval as the basis for urban and rural planning", so that future implementation will be appropriate and not entangled in practice.
Regarding urban zoning and detailed urban planning, delegate Duong Van Phuoc suggested that the National Assembly consider and evaluate the deadline for completing the preparation and approval of urban zoning plans to be 6 months. This is too short a period of time and difficult to implement.
Currently, in many places, the area for urban zoning planning is large, the content of urban zoning planning is very large, such as determining the function, economic and technical indicators for each block according to the level of the zoning road; principles of space organization, landscape architecture for the entire planning area; solutions on landscape architecture, urban characteristics..., it takes time to complete the preparation and approval of urban zoning planning.
When consulting on urban and rural planning, it is necessary to consider the time for agencies, organizations and experts to be asked to give their opinions in writing within 15 days from the date of receiving complete documents as prescribed. According to current regulations on the working week of state agencies, it is 40 hours in 5 days, with Saturday and Sunday off every week. Therefore, it is necessary to adjust the regulation to 15 working days, excluding Saturday and Sunday, which will be clearer and more reasonable.
At the same time, add the content "Organizing to collect opinions of at least 50% of representatives of households in the residential areas concerned where there is a planning and those living nearby who are directly affected" to Article 36. According to delegate Duong Van Phuoc, collecting opinions like this will create fairness, democracy, and consensus in support of the policy of the residential community in the area affected by the planning project, avoiding doing it perfunctorily, perfunctorily, and formally.
Regarding the authority to approve planning tasks and urban and rural planning, delegates suggested assessing the necessity of reporting to the People's Council or not, because in principle, the People's Council has the function of supervising all activities of the People's Committee. At the same time, the draft law stipulates that the People's Committee must report to the People's Council, but the law does not stipulate whether it is necessary for the People's Council to approve or not. Thus, this reporting is essentially just a formality.
Source: https://baoquangnam.vn/can-giao-tham-quyen-cho-ubnd-cac-cap-phe-duet-du-toan-doi-voi-do-an-thuoc-trach-nhiem-cap-minh-lap-3143286.html
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