Empower the Capital to solve outstanding issues

image-on-top(2).jpg — National Assembly Chairman Vuong Dinh Hue speaks at the meeting. Source: Quochoi.vn

2 options for using underground space

Regarding the specific determination of the limit of underground space use by land users (Article 19), reporting at the meeting, Mr. Hoang Thanh Tung - Chairman of the Law Committee of the National Assembly said that the draft Law is currently designing 2 options. Accordingly, option 1 stipulates in the Law that land users are allowed to use underground space vertically within the boundary of the land plot from the ground surface to 15m underground; beyond this depth limit, land users are still allowed to use it if it is in accordance with the planning but must ask for permission from the competent state agency and must pay according to the Government's regulations. The determination of the depth limit of 15m is based on the scope of functional zoning determined in the Master Plan for underground construction space in the central urban area of Hanoi city until 2030, with a vision to 2050. Option 2 stipulates that the Government is assigned to prescribe the depth limit that land users are allowed to use; Other contents are regulated similarly to option 1.

“The majority of opinions in the Standing Committee of the Law Committee and agencies agree with option 1. We propose that the Standing Committee of the National Assembly allow further research, collect more opinions from agencies, organizations, experts, scientists, supplement and clarify the scientific and practical basis, and assess the impact on each option before submitting it to the National Assembly for consideration at the 7th session,” Mr. Tung expressed.

Regarding the above issue, Secretary General of the National Assembly Bui Van Cuong expressed his agreement with option 2, which is to assign the Government to regulate the depth limit for land users in Hanoi to use underground vertically to create initiative and flexibility for the Government and Hanoi, avoiding difficulties in implementation for each specific case.

It is believed that the draft revised Law on the Capital after being received and revised has been basically completed, demonstrating a unique and outstanding mechanism for the development of the Capital in the coming time; however, regarding the specific determination of the limits of underground space use by land users, Vice Chairman of the National Assembly Tran Quang Phuong suggested continuing to research and assess the impact, and at the same time referring to international experience to make appropriate regulations in order to proactively manage, exploit and use underground space effectively, clearly define the limits of underground space use by land users, make the rights and responsibilities of land users transparent, and facilitate the exploitation of added value from land. At the same time, it is suggested that the Law also needs to specify the depth limit that land users are allowed to use.

According to the Chairman of the National Assembly's Committee on Science, Technology and Environment, Le Quang Huy, the specific determination of the limit of underground space use by land users should be stipulated in the Law. Land users are allowed to use underground space vertically within the boundary of the land plot from the ground up to 15m underground. Outside this depth limit, land users are still allowed to use it if it is in accordance with the planning, but must ask for permission from the competent state agency and pay according to the Government's regulations. The determination of the depth limit of 15m is based on the scope of functional zoning determined in the Master Plan for underground construction space in the central urban area of Hanoi until 2030, with a vision to 2050.

“This plan will create a legal basis for Hanoi City to proactively manage, exploit and use underground space effectively, clearly define the limits of underground space use by land users, make transparent the rights and responsibilities of land users, facilitate the exploitation of added value from land and the implementation of the construction of the urban railway system,” said Mr. Huy.

Specific policies are needed to tackle air pollution and traffic congestion.

Speaking at the meeting, National Assembly Chairman Vuong Dinh Hue said that the draft revised Law on the Capital submitted to the National Assembly Standing Committee this time basically adhered to the political basis, legal basis, and practical basis in the construction and development of the Capital, as well as the institutionalization of the Party's major policies, Resolution No. 15 dated May 5, 2022 of the Politburo on the direction and tasks of developing the Capital Hanoi to 2030, with a vision to 2045.

Referring to environmental pollution, especially air pollution, traffic congestion, waste treatment, and flooding as prominent issues in the capital, the National Assembly Chairman suggested that this draft Law needs to be further studied and reviewed to have appropriate regulations on decentralization, delegation of authority, and authority to exploit resources, and flexible delegation of authority so that the capital can solve these problems.

Regarding the issue of decentralization and delegation of authority to Hanoi, Politburo member and Secretary of the Hanoi Party Committee Dinh Tien Dung said that it is necessary to thoroughly and thoroughly review issues related to norms, unit prices, standards and criteria in all fields. Currently, standards and criteria on environmental issues are still lacking, and regulations on norms and unit prices are still problematic, leading to difficulties in implementing special projects in the capital. Therefore, the regulation of delegating authority to the city is very important.

Concluding the meeting, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the draft Law is eligible to be accepted and completed for submission to the National Assembly for consideration and approval at the 7th Session. In addition, in the management, development and protection of the Capital, it is recommended to review further to have regulations with specific policies to overcome current limitations such as flooding, air pollution, and traffic congestion.

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