On the morning of 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.
Participating in giving comments, National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the National Assembly Delegation of Thanh Hoa highly agreed with the Report of the National Assembly Standing Committee on receiving, explaining and revising the draft Law on Urban and Rural Planning.
To contribute to further perfecting the draft Law, delegate Mai Van Hai made some specific comments, namely: Regarding the explanation of the terms specified in Article 2. Accordingly, Clause 5 explaining the concept of "Functional Area" does not mention one of the very popular functional areas, which is "Industrial Cluster". In fact, in many localities, there is the formation and development of many industrial clusters.
Therefore, it is recommended to clarify whether "Industrial cluster" is one of the functional areas to supplement the content of the explanation of the terms in Clause 5 above to ensure consistency, unity and convenience when implementing the law.
Regarding the urban and rural planning system as prescribed in Article 3 of the draft Law. Accordingly, to ensure consistency and unity in the legal system related to planning, it is proposed to: Supplement and clarify the role and position of the "Urban system planning options, rural planning options" under provincial planning as prescribed in Article 27 of the 2017 Planning Law with the urban and rural planning system in this draft law.
Identify and clarify the consistency in the establishment, appraisal, approval, review, and adjustment of master plans for urban and rural systems according to the provisions of Article 28 of the 2017 Planning Law with the provisions of Clause 1, Article 3 of this draft law.
At point b, clause 5, it is proposed to clearly stipulate the minimum scale of functional areas that require zoning planning, to avoid the situation where functional areas with small and very small scales also require the additional step of zoning planning that is not suitable for the level of expression of the project.
Point c, Clause 5 stipulates the establishment of zoning plans for areas that need to be established according to the provisions of the law on land and related laws. It is recommended to clarify what these areas are to avoid having to look up many provisions in different laws when determining the type of planning that needs to be established in each area.
Regarding cases related to the scope of boundaries and administrative boundaries when making urban and rural planning (Article 5). Accordingly, to facilitate the arrangement of administrative units, as well as the establishment and merger of administrative units according to practical requirements, it is proposed to supplement regulations for the following cases: In case of planning to merge the entire boundary of an urban area (city, town under a province) with 1 or more districts (in this case, it is necessary to clearly identify whether it is planning to adjust and expand an existing urban area or planning a new urban area).
In case of arrangement, merger, establishment of administrative units on the basis of administrative units of the same level that reduces one or more administrative units, the provisions on conformity with the planning approved by competent authorities shall not apply. Urban and rural planning of administrative units shall be implemented after competent authorities decide on the arrangement, merger, establishment of new administrative units.
Regarding the authority to approve planning tasks, urban and rural planning (Article 40). Accordingly, at point b, clause 2, it is proposed to consider removing the subject of "functional areas" because the general planning of functional areas is only established for economic zones and national tourist areas or is oriented as national tourist areas (the remaining functional areas do not have general planning). Furthermore, these two types of general planning are under the approval authority of the Prime Minister, so the Provincial People's Committee's approval of the general planning of functional areas is inappropriate.
In Clause 4, it is proposed to consider removing Clause 4 because the content of the regulation: "The state agency managing the functional area approves the planning tasks, zoning plans, detailed plans in the functional area..." overlaps with the approval authority of the District People's Committee for zoning plans, detailed plans in the district's management area as stipulated in Clause 3, Article 40. In reality, the effectiveness of assigning management boards to approve planning is not high, causing overlap.
Clause 5 stipulates the reporting to the People's Councils at all levels before submitting to competent authorities for consideration and approval of planning, and requests clarification of the content and form of reporting, reporting to seek the People's Council's opinion or reporting for the People's Council to approve by resolution. Clarify the decentralization of approval and consultation to the People's Councils at all levels in accordance with the tasks and powers of the People's Councils at each level according to the Law on Organization of Local Government.
Clause 1, Article 49 of the draft Law stipulates: “No later than 15 days from the date the urban and rural planning is approved by the competent authority, the entire content of the planning must be publicly announced, ensuring compliance with legal regulations on protecting state secrets...”.
It is recommended to review and revise the above-mentioned provisions because the contents are contradictory and do not ensure logic. At the same time, such a provision will not ensure feasibility when requiring the disclosure of "all" planning contents while ensuring compliance with legal regulations on protecting state secrets.
Quoc Huong
Source: https://baothanhhoa.vn/dbqh-mai-van-hai-doan-dbqh-thanh-hoa-gop-y-ve-mot-so-noi-dung-con-y-kien-khac-nhau-cua-du-thao-luat-quy-hoach-do-thi-va-nong-thon-nbsp-nbsp-228585.htm
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