Comments on Draft Law on Planning

Posted at: MONday - 17/04/2017 15:49 - post name: Cộng tác viên

 
Dr.Sc. Nghiem Vu Khai – Vice President of Vietnam Union of Science and Technology Associations delivered his opening speech.

Dr.Sc. Nghiem Vu Khai – Vice President of Vietnam Union of Science and Technology Associations delivered his opening speech.

​“It can be seen that, in recent years, planning work has been low quality, ineffective, inappropriate with the demand, impractical and the connection of planning has limitations, which is a waste of resources of the country,” said Assoc. Prof. Dr. Tong Tran Tung - Advisor to the Minister of Transport, Vice President of the Vietnam Bridge and Road Association at the Workshopto comment on the Draft Law on Planning organized by Vietnam Union of Science and Technology Associations in Hanoi on March 30, 2017.

“Planning, especially specialized planning, are not only wasteful, but also adversely affects sustainable economic and social development. Therefore, it is necessary to promulgate the Law on Planning in order to improve the quality of the national planning system and restore order and discipline in planning activities is necessary. The restructuring of planning system through the Law on Planning is mandatory. Specialized planning should be abandoned or replaced with development schemes or plans of such specialty for each period to suit the corresponding changes of the international, regional and domestic markets”.

In the Draft Law on Planning, the role of the Vietnam Union of Science and Technology Associations (VUSTA) in general as well as of the specialized Science and Technology Associations in particular is not specifically prescribed such as clause 1 of Article 10 “Agencies, organizations, communities and individuals shall have the right to comment on and supervise the planning activities” or clause 2 of Article 10 “Agencies, organizations and individuals with comment authority are responsible for the content and time limit for comments”. Subsequently, Article 19 on consultation on planning is also very general; for example,“have the responsibility of collecting opinions of ministries and ministerial-level bodies and agencies, organizations, communities and individuals related to planning”… Article 29, Appraisal Council, Clause 3, stipulates in more detail: “The standing body of the Appraisal Council shall hold consultations with professional organizations, associations, professional appraisers and independent reviewers before submitting to the Appraisal Council.” Assoc. Prof. Dr. Tung suggested that the drafting body should more specifically prescribe “the right to comment”, “authority to comment”, “organization of consultation” because these organizations are the gathering place of many intellectuals and professionals with experience accumulated over the years in state management of the macro- and micro-level areas of expertise, professional work and research work and in-depth knowledge of specialized fields, thereby making right comments on the formulation, appraisal and supervision of the implementation of planning from the national-level to the regional-level planning, national sectorial planning as well as provincial planning.

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Assoc. Prof. Dr. Tong Tran Tung - Advisor to the Minister of Transport, Vice President of the Vietnam Bridge and Road Association

Dr. Pham Sy Liem, Vice President of Federation of Civil Engineering Associations, said “The planning system has many levels, such as the planning system of one sector or one locality; thus the planning system in the Law on Planning must be a national planning system. I do not understand why Article 12 of the Draft only refers to the planning system. I suggest that we specify “national planning system” as in international practice”.

Also according to Dr. Liem, planning is the arrangement and spatial distribution of economic, cultural, social, defense, security and environmental activities in a defined territory in order to effectively use the resources of country.

In the opinion of Dr. Liem, the Construction Law is the spatial organization of urban, rural and special functional areas; organization of the system of technical and social infrastructure works; creation of a suitable environment for the people in the territories, ensuring the harmonious combination between the national interest and the public interest.

Therefore, both of these types of planning are spatial planning, while the general planning stated in the Law on Planning implements both works in the same process. However, it is not difficult to integrate the two definitions of construction planning and general planning into a single definition. After integration, the common name should be “general planning” to be in line with international practice, since there is nothing called “construction planning”.

Sharing the same opinion, most participants said that the planning must be oriented instead of being specific. As the world changes constantly, we should not narrow and limit our way. It is known that the forthcoming draft Law on Planning will be submitted to the National Assembly, and it will be promulgated as a framework. This law will systematize and reorganize all planning work so as not to overlap or contradict to each other. Unnecessary planning will be eliminated.

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Dr. Pham Sy Liem – Vice President of Federation of Civil Engineering Associations

Author: HT
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