BTO-This morning, October 30, continuing the program of the 8th Session of the 15th National Assembly, the National Assembly discussed in Groups the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the form of public-private partnership and the Law on Bidding. The National Assembly Delegation of Binh Thuan province participated in the discussion in Group 15.
Agree with the provisions of simplified procedures
Participating in giving specific comments on the Law on Planning, National Assembly Delegate of Binh Thuan Province Le Quang Huy welcomed the adjustment of the simplified procedural order for the Law on Planning because in practice there are many situations where if only fully implementing all the procedural orders as in the current Law on Planning, it will cause congestion. Therefore, Delegate Huy highly agrees with the provisions of the simplified procedural orders in the Law on Planning.
Regarding the content, delegate Le Quang Huy wishes to propose to the Ministry of Planning and Investment and the Government to pay attention to local adjustments in the Law on Planning. Local adjustments do not change the goals and viewpoints, the main contents of the planning. Delegate Huy also agrees with the drafting agency, the Ministry of Planning and Investment, that if local planning is allowed to expand outwards and adjustments cannot be controlled, all of those plans will be broken later and lose their systematic nature. However, there are very small, local cases and especially those that do not change the viewpoints and objectives as stated in the Government's submission. Delegate Huy expressed his hope that the Government and the Ministry of Planning and Investment can have a solution to allow local adjustments to be associated with specialized tax laws and for the Government to decide on that.
Review to ensure consistency with other laws
Giving opinions on the scope of the amendment of the Law on Planning, National Assembly Deputy Tran Hong Nguyen of the province basically agreed with the proposed amendment. According to the delegate, the planning content is a content that the National Assembly is very interested in because when the Law on Planning was promulgated, there were problems arising during the implementation process; therefore, the National Assembly organized a Supreme Supervisory Delegation. In addition, through studying the amended and supplemented content, it shows that the timely handling of problems and shortcomings in the Government's operation process; closely following the recommendations of the National Assembly Supervisory Delegation. However, there are many recommendations to the supervisory delegation, but at this session, only some urgent contents are limited to be amended to prepare sufficient legal basis for adjusting the planning for the 2021-2030 period when necessary...
Regarding some of the proposed amendments this time regarding the relationship between types of planning, delegate Tran Hong Nguyen agreed with the draft law that has amended and supplemented Article 5, Article 6 and Appendix 2 of the Law on Planning. Accordingly, it will stipulate that urban and rural planning is a type of planning of a specialized technical nature and stipulate the relationship between plans in the national planning system to ensure the unity and synchronization of the hierarchy of the planning system. At the same time, it will clarify the relationship between plans in Article 6 and amend the funding content in Article 9 to overcome the difficulties and obstacles in the preparation, appraisal, approval and adjustment of current specialized technical planning.
In addition, planning costs are also a content that has many problems in the implementation process. Therefore, delegate Tran Hong Nguyen agreed with the Government's proposal to amend to remove difficulties and problems in the implementation process. However, this content is related to a number of other laws such as the Law on Public Investment, the Law on State Budget, the Land Law, etc. Since this draft Law will also be considered and approved by the National Assembly at this session, the delegate suggested that agencies continue to review to ensure consistency with other laws, especially those that have come into effect.
Regarding the regulation on planning adjustment according to the shortened procedures, the delegates expressed their high agreement with the draft law and at the same time proposed to continue to review more carefully the bases for planning adjustment according to the shortened procedures in Clause 2, Article 54a to ensure the distinction between the bases for planning adjustment according to the normal procedures in Article 53 of the Law on Planning. Clause 3 of Article 54a in the draft Law stipulates very specifically the procedures for planning adjustment according to the shortened procedures, while Clause 4 assigns the Government to specify Article 54a.
Regarding this draft law, in Conclusion No. 958 dated September 27, 2024 of the National Assembly Standing Committee, the Government is assigned to pay attention to "ensuring the principle of not prescribing contents under the authority of the Government, the Prime Minister, and the Ministries" during the preparation of the draft law dossier. Therefore, in the case of assigning the Government the authority to consider and decide on the approval of the plan adjustment policy; according to the delegate, Clause 3 should only prescribe the principled contents on authority, order, and procedures, while the specific provisions will be prescribed by the Government. Or only prescribe a number of principles in planning adjustment, while the order and procedures are assigned to the Prime Minister to prescribe so that if the Prime Minister decentralizes and delegates the authority to approve planning adjustments to localities, it will not be entangled in the provisions on order and procedures of the Law, such as the partial adjustment of the master plan that is being piloted in some localities.
Changes from the plan that do not require adjustment
Commenting on the addition of Article 54a after Article 54 (Clause 15, Article 1 of the draft), National Assembly Delegate of Bo Thi Xuan Linh province said: At Point d, Clause 2 (Article 54a of the supplementary draft) it is stipulated that the provincial planning is adjusted according to the simplified order and procedures when: "The implementation of Resolutions of the National Assembly, the National Assembly Standing Committee, the Government or Resolutions of the Provincial People's Council changes the implementation period, parameters, and information of the works and projects identified in the planning"; However, at Point o, Clause 10, Article 1 (draft) the content " List of provincial projects and order of priority for implementation" has been adjusted to "List of expected priority projects of the province". Thus, it can be seen that the projects identified in the provincial planning are tentative, so the contents of the scale, parameters, and information of the project are also tentative. Delegate Bo Thi Xuan Linh said that changes compared to the plan do not need to be adjusted. Therefore, the delegate proposed to consider removing the basis at point d, clause 2, Article 1 (Article 54a of the draft supplement).
Regarding the abolition of Point m, Clause 2, Article 27 (Clause 19, Article 1 of the draft), according to the delegate, Clause 19, Article 1 abolishes Point m, Clause 2, Article 27, which means abolishing the inter-district and district planning scheme. However, currently, the provincial planning still shows this content, the delegate proposed to add transitional regulations on handling the content related to the inter-district and district planning scheme in the provincial planning approved by the Prime Minister.
Source: https://baobinhthuan.com.vn/quoc-hoi-thao-luan-tai-to-ve-du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-quy-hoach-125286.html
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