Kinhtedothi- Urban reconstruction is one of the important contents emphasized in the Capital Law 2024. Besides inheriting some old regulations, the Law adds many contents suitable to the characteristics of Hanoi, creating great motivation for the construction and development of the Capital in the new situation.
Welcoming the Year of the Snake 2025, Kinh te & Do thi had a conversation with Prof. Dr. Dang Hung Vo, former Deputy Minister of Natural Resources and Environment, about the Capital Law 2024. He said that the Capital Law 2024 has a breakthrough vision, is close to reality, is no longer general and vague, so it will create a legal basis for Hanoi to carry out urban reconstruction.
Realizing the vision, developing the capital
Dear Professor, Dr. Dang Hung Vo, as an expert who always pays special attention to Hanoi, what is your assessment of the 2024 Capital Law?
- Hanoi is a special urban area with a historical tradition of more than a thousand years of culture, heroism, and creativity... its position has been determined since the 1946 Constitution and the current Constitution (2013) clearly states: "The capital of the Socialist Republic of Vietnam is Hanoi".
During its development, the capital city of Hanoi has always received attention, guidance and a special legal corridor from the Party, the National Assembly and the State. In November 2012, the National Assembly passed and promulgated the Capital Law (Capital Law 2012). On June 28, 2024, at the 7th Session, the 15th National Assembly passed the amended Capital Law (Capital Law 2024).
Objectively speaking, the fact that Hanoi has its own law shows the great concern of the Party, State and people of the whole country for the development of the capital Hanoi. In the world, there are no more than 10 countries that have their own laws for the capital.
Therefore, the 2024 Capital Law was passed, considered as a guideline for Hanoi to make a strong breakthrough in the coming period. The reason for saying so is because forming a law for a locality is very difficult, while a common law for the whole country already exists.
Even planning is one thing, but creating a legal framework for planning in the new law is very important. I highly appreciate the Capital Law 2024. This law has specific content and objectives, creating connectivity with the general legal system, opening up a good mechanism for the development of the Capital.
In other words, the Capital Law 2024 has realized the vision and development aspirations that the people of the Capital and the people of the whole country desire, something that the Capital Law 2012 could not do.
As you have just assessed, the Capital Law 2024 is like a compass for Hanoi to make a strong breakthrough. So what is the basis for you to be so confident?
- There are 4 factors that the Capital Law 2024 has done to make me confident. Of which, the first important factor is the backbone, which is that the Capital Law 2024 has legalized the urban development mechanism based on the public transport system (TOD).
Specifically, Article 31 regulates urban development in the direction of public transport, including contents such as planning of urban railway systems and traffic junction areas (Hub), investment in urban railway development and mechanisms for collecting value-added fees from land in areas with traffic junctions. This helps create a solid legal basis for urban railway projects.
In simple terms, whatever you do, you must build a public transport system. To do that, you must plan an urban transport system. From this transport system planning, continue to plan the locations of traffic junctions, then other plans based on the public transport system, that traffic junction to implement and develop around, such as planning residential areas, commercial areas, tourist areas, public utility systems, entertainment areas, etc.
It is natural that if we want to develop the economy, we must develop transportation. Previously, Hanoi's transportation development was also very haphazard, lacking the potential for geo-economic connectivity, becoming chaotic, unable to promote the potential of the capital's megacity.
In fact, developed countries around the world show that TOD is not only a modern planning solution but also a key strategy to promote the development of modern urban areas with high economic density while still being a scenic urban area. This policy not only helps optimize land use, but also reduces traffic congestion, reduces emissions and improves the quality of public spaces.
TOD is also the “key” to exploiting hidden economic potential, increasing land value and facilitating the development of major economic centers. This policy will facilitate the development and regeneration of key areas in the city through increased land use and planned urban economic activities, while upgrading public infrastructure, especially building a “Capital as a smart city”.
4 important highlights but need to address the issue of benefits
Still missing 3 more elements, sir?
- The second important element of the Capital Law 2024 is to raise awareness and responsibility for environmental protection. The highlight is that the Law proposes solutions to support organizations and individuals in converting means of transport from using fossil fuels to using clean energy; investing in developing transport infrastructure using clean energy; having provisions to limit the use of vehicles that emit pollutants; regulating low emission zones (areas identified to limit vehicles that pollute the environment).
The Law emphasizes the responsibilities and specific regulations on the powers of State agencies in environmental protection; and provides clearer regulations on waste management, air and water pollution, and protection of urban ecosystems.
This is in line with the urgent needs in the context of rapid urbanization in Hanoi today. Another very important point is that the Capital Law 2024 creates conditions for people to participate in environmental protection activities, raising community awareness and citizens' responsibility towards the living environment.
Encourage the application of new technology in environmental management and smart urban development, helping to minimize negative impacts on the environment. This is an extremely important point because environmental protection cannot be achieved by the government alone but must have the participation of the people to be effective.
The third factor, the 2024 Capital Law has set out a requirement: urban construction and reconstruction must maintain the principle of not affecting cultural values. Specifically, Article 20 clearly states: “Urban renovation and embellishment in the city must comply with planning, regulations on architectural management, urban design; protect cultural, historical, natural heritages, and landscape architecture of the capital; ensure standards and norms on construction, fire prevention and fighting; enhance urban amenities, and improve the living environment for residents in the renovated and embellished areas”.
This is the very unique point of the Capital Law 2024. Hanoi with more than 1000 years of civilization, has many historical and cultural relics of Thang Long, Dong Do. Rebuilding the city while still preserving and maintaining the cultural soul of Hanoi. The cultural soul is the important factor to retain and gather high-quality human resources. Now let's ask: if Hanoi no longer has its unique cultural identity, how many people would want to travel there?
The fourth factor I would like to mention is that the Capital Law 2024 has concretized the spirit of Resolution 18/NQ-TW, mobilizing resources from the people in the reconstruction area to participate in urban reconstruction such as contributing land, contributing houses and contributing initiatives (proposing planning options, creating land for urban reconstruction for each area). This shows that the Capital Law 2024 is realizing Uncle Ho's great thought: all development is the work of the people; taking the people as the root; taking the people as the driving force for development.
With the 4 important highlights of the Capital Law 2024 that you have put forward and believe, this is the essential basis for the Capital to make a breakthrough. So, in your opinion, what needs to be done to effectively implement these highlights of the Law?
- Reality shows that all conflicts arise from the issue of interests. Therefore, for the Law to be effectively implemented, I believe that the person enforcing the Law must control greed, anger, and ignorance; and must put the common interest above personal interests.
There is public before there is private. Because if there is only private benefit, even if the Law and planning are standard, people will still distort and twist it according to their own interests, and in the end the result will be nothing.
However, I firmly believe that because of the "aspiration to rise up" that General Secretary To Lam set out, I hope that there will be no "cheese" for opportunists who profit from policies that hinder the development of the Capital.
Thank you very much!
The 2024 Capital Law consists of 7 chapters with 54 articles (compared to the 2012 Capital Law, there are 3 more chapters and double the number of articles). The 2024 Capital Law has many innovations and breakthrough visions, creating a legal basis for Hanoi to implement outstanding special mechanisms and policies, mobilize all resources, and effectively exploit the potential and strengths of the Capital. The Law takes effect from January 1, 2025, except for 5 contents that take effect from July 1, 2025.
Source: https://kinhtedothi.vn/luat-thu-do-sua-doi-2024-cu-hich-lon-cho-tai-thiet-do-thiha-noi.html
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