According to National Assembly Deputy Nguyen Quang Huan (Binh Duong National Assembly Delegation), to better reflect emerging urban forms and ensure consistency in interpreting the provisions, the draft Law on Urban and Rural Planning should consider adding new concepts to ensure uniformity in the implementation of the law.
Adding the Concepts of “Megacity” and “Underground Structures”
On the morning of October 25, the National Assembly held a plenary session to discuss the draft Law on Urban and Rural Planning. Speaking highly of the draft law, National Assembly Deputy Nguyen Quang Huan, a member of the Binh Duong National Assembly Delegation, said that the draft had incorporated, revised, and further refined provisions based on feedback from National Assembly deputies at the 7th session.
However, to further refine the law and ensure consistency in its interpretation, the deputy suggested considering the addition of new concepts. “In addition to the existing model of cities under provinces, we now also have cities under centrally governed cities. Article 4 of the draft law stipulates six types of urban areas, including special-class cities. Therefore, should this law introduce the concept of a ‘megacity’ to avoid situations where we have to refer to Thu Duc City as a city under Ho Chi Minh City, or Thuy Nguyen City as a city under Hai Phong City?” National Assembly Deputy Nguyen Quang Huan said.
National Assembly Deputy Nguyen Quang Huan gives comments on the draft Law on Urban and Rural Planning at the National Assembly on the morning of October 25
In addition, National Assembly Deputy Nguyen Quang Huan suggested adding the concept of “underground structures” to the draft law. “If the law does not provide a clear definition from the outset, there is a risk of mechanically translating the term as ‘structures beneath the ground.’ This would be similar to the way the concept of ‘groundwater’ was previously rendered as ‘water beneath the ground,’” Deputy Huan emphasized.
Need to Further Specify Environmental Protection Regulations
Regarding environmental protection regulations, National Assembly Deputy Nguyen Quang Huan said that the requirements for environmental protection in urban and rural planning (Article 9) remain too general and largely technical in nature. He therefore suggested that they should be made more specific, for example, through regulations on urban waste management planning. At the same time, clearer regulations are needed on the receipt, management, and use of resources supporting planning, particularly to prevent conflicts of interest when private investors provide funding.
“The draft law should introduce the concept of conflicts of interest and distinguish between donations made in good faith and the use of public funds, which should be determined by the city. Furthermore, entities that have already provided funding for a service package should not be eligible to participate in the bidding process. In my view, when specifying prohibited conduct, the draft law should explicitly prohibit conflicts of interest to prevent loopholes that could allow the law to be circumvented,” Mr. Huan said.
Regarding general planning issues, the deputy suggested considering a reduction in the number of detailed plans, such as water supply planning, as having too many separate plans could create unnecessary complications. Instead, general principles could be stipulated in the law, while specific steps and procedures for planning could be set out in sector-specific regulations.
Regarding planning for centrally governed municipalities, National Assembly Deputy Nguyen Quang Huan said that Article 21 on planning at the municipal level is overly detailed and could create difficulties for implementing agencies. He suggested considering a more general and overarching approach to drafting the provision.
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