TPO – “In reality, there are still conflicts and overlaps between construction plans and many other plans such as mineral, energy, transportation, agricultural, and land use plans that have not been resolved,” said National Assembly delegate La Thanh Tan.
Avoid overlapping tasks and shirking responsibilities
On October 25, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Urban and Rural Planning (QHDT&NT).
At the meeting, delegate Hoang Van Cuong (Hanoi delegation) acknowledged that for centrally-run cities, in addition to provincial planning, there needs to be a general planning. He also noted that the provisions in this law must be made so as not to overlap.
According to Mr. Cuong, the reason for the overlap is that before there was no provincial planning, but only a general planning with the function of guiding the development of all sectors and fields. After that, there were also detailed plans for each sector and field.
"Therefore, the current master plan must perform the function of specifying and orienting the provincial plan and replace the sectoral and field plans that currently do not exist," said Mr. Cuong.
In addition, the delegate also suggested that in the planning implementation plan, it is necessary to clearly indicate the progress of planning implementation in the direction of implementing infrastructure planning first, then implementing urban planning.
"Such a regulation will avoid the current situation of asking for land for urban development first, but then there is no land for infrastructure," Mr. Cuong emphasized.
Also at the meeting, Deputy Ly Tiet Hanh (Binh Dinh delegation) said that it is necessary to have regulations on unified principles regarding the agency in charge of organizing, establishing planning tasks, zoning plans, detailed planning of areas for auctioning land use rights, or bidding to select investors when assigned by the Provincial People's Committee or District People's Committee.
“Therefore, it is necessary to carefully study to have consistency across the system, avoid overlapping tasks, shirking responsibilities, or each locality has a different way of assigning tasks, leading to inconsistency and difficulties in implementation” – Deputy Hanh emphasized.
Meanwhile, Deputy La Thanh Tan (Hai Phong delegation) noted that this draft law needs to have regulations to ensure compliance of construction investment projects with the Urban Planning and Development Plan in case of conflicts between plans.
The Hai Phong delegation said that the current draft law's regulations could lead to a situation where, when a project's implementation encounters inconsistencies between plans, it must be stopped to carry out procedures to wait for the competent authority to decide on the implementation plan, or wait for the plans to be adjusted for consistency.
“In reality, there are still conflicts and overlaps between construction plans and many other plans such as mineral, energy, transportation, agricultural, and land use plans that have not been resolved,” said Deputy Tan, who suggested that the drafting agency should study and supplement the principles for applying and using plans when there are conflicts between plans.
Compliance with legal regulations
Explaining and clarifying a number of issues, Minister of Construction Nguyen Thanh Nghi said that this is an important draft law, directly related to construction projects and many regulations of other laws, as well as many other types of planning.
Therefore, in the process of researching and completing the draft law, the drafting agency and the agency in charge of reviewing the law were very careful and thoroughly reviewed the regulations, ensuring consistency with relevant legal regulations.
Minister Nguyen Thanh Nghi affirmed that the draft law clearly stipulates the relationship between general planning, zoning planning and detailed planning, ensuring consistency and synchronization. At the same time, the relationship between urban and rural planning and national and regional planning is also specifically stipulated.
“This content has been revised in the direction of clearly defining the general planning, zoning planning, detailed planning, with specific and detailed nature… These contents have been explained, accepted, and clearly explained in the report sent to the National Assembly delegates,” Minister Nguyen Thanh Nghi stated.
Minister Nguyen Thanh Nghi also said that the scope of urban and rural planning is determined based on the territorial scope, ensuring the effective interweaving and connection between urban and rural spaces.
According to him, concepts such as "inner city", "suburb", "outer town" are not within the scope of this draft law but are regulated in other legal documents.
Source: https://tienphong.vn/co-tinh-trang-mau-thuan-chong-cheo-giua-cac-quy-hoach-post1685463.tpo
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