BTO-This morning, October 25, at the National Assembly House, continuing the 8th Session Program, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly held a plenary discussion in the hall on a number of contents with different opinions of the draft Law on Urban and Rural Planning.
Giving opinions on some controversial contents of the draft Law on Urban and Rural Planning, Deputy Head of the National Assembly Delegation of Binh Thuan province Nguyen Huu Thong expressed agreement with many contents of the draft Law.
Deputy Head of the National Assembly Delegation of Binh Thuan Province Nguyen Huu Thong discussed the draft Law on Urban and Rural Planning this morning, October 25.
Giving specific comments on the interpretation of terms in Article 2, the delegate said that irrigation works are technical infrastructure works and can be located inside or outside urban and rural areas. According to Clause 3, Article 2 of the Law on Irrigation, it is stipulated that: “3. Irrigation works are technical infrastructure works for irrigation including dams, reservoirs, sluices, pumping stations, water conduction and transfer systems, embankments, irrigation embankments and other works serving irrigation management and exploitation”.
Therefore, to ensure consistency between the Laws, delegate Nguyen Huu Thong proposed to consider adding the phrase: “irrigation works” to Clause 15, Article 2 of the draft Law. Specifically: “15. Framework technical infrastructure is a system of main technical infrastructure works of urban, rural and functional areas; determined in the content of general planning, zoning planning, including traffic axes, energy transmission lines, water supply transmission lines, drainage systems, irrigation works, telecommunications lines and non-linear technical infrastructure works.”.
Regarding the responsibility of organizing the planning task, urban and rural planning (Article 16), to ensure the principle of independence between the planning and appraisal of urban and rural planning (stipulated in Clause 9, Article 16 of the draft Law), delegate Nguyen Huu Thong proposed to add a clear provision that the agency appraising the urban and rural planning task and the agency organizing or assigned the responsibility of making urban and rural planning must be different independent agencies to ensure transparency, objectivity, and combat group interests in the planning process and appraisal.
Regarding the content of the appraisal of the proposal for approval of investment policy according to the provisions of Point a, Clause 3, Article 33 of the Investment Law 2020, which requires: "Assess the conformity of the investment project with national planning, regional planning, provincial planning, urban planning and planning of special administrative-economic units (if any)". Thus, in rural areas, the approval of the project investment policy does not need to be based on construction planning; this may lead to the process of appraising the construction design of these projects not ensuring conformity with construction planning; at the same time, according to the provisions of Clause 7, Article 16 of the Draft: "7. The investor of the construction investment project organizes the preparation of planning tasks, zoning plans in the assigned functional areas for investment, and detailed plans in the assigned investment areas according to the law on investment".
Accordingly, to ensure consistency between the Laws and effectively implement the planning management work, urban and rural landscape architecture space, delegate Nguyen Huu Thong proposed to consider adding the regulation with the content "general planning is the basis for determining and establishing construction investment projects" (not only limited to each investment project to build technical infrastructure framework works as stipulated in Clause 6, Article 21, Clause 5, Article 22, Clause 4, Article 26 and Clause 5, Article 27 of the Draft).
In addition, at Point d, Clause 2, Article 23, Clause 5, Article 28 and Clause 5, Article 32 of the draft Law stipulate that the approved detailed planning project is the basis for establishing a construction investment project. This provision is not really suitable for small-scale projects because it will create more administrative procedures, increase costs and time. Therefore, delegates proposed to specify the scale for which detailed planning must be established (upper bound, lower bound) to ensure convenience in the implementation process and to supplement provisions on detailed planning according to the shortened process (if any); at the same time, it is currently very difficult to cover the detailed planning as the basis for establishing a construction investment project.
Source: https://baobinhthuan.com.vn/chong-loi-ich-nhom-trong-quy-hoach-do-thi-va-nong-thon-125160.html
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