Law on Planning Should Not Be Integrated

Draft of the Integrated Planning LawThe draft of the Integrated Planning Law is currently under revision. It is recommended to separate the construction planning section and adjust the scope, subjects, and management content of the Integrated Planning Law Project. This should be limited to the comprehensive socio-economic planning and the development planning of sectors and fields.

For many years, the draft Law on Planning has been discussed without reaching a consensus. In the previous term, the Government of Vietnam discussed the Draft Law on Planning more than three times but no agreement was reached to present it to the National Assembly for consideration by the new government. Even at the time when the Standing Committee of the National Assembly was discussing it, there were still many differing opinions from National Assembly delegates, scientists, experts, and managers.

In the current situation, it is proposed that the optimal handling method at the national level should be to retain only two types of planning: First, the Comprehensive Socio-Economic Development Planning, encompassing intangible types of planning adjusted by the Comprehensive Socio-Economic Development Planning Law. Sectors and fields should only develop Development Strategies for the sector and field and plans (long-term, medium-term, short-term), programs, and projects to achieve the goals of those Strategies. The adjustment of sectoral Development Strategies could be reflected in the Comprehensive Socio-Economic Development Planning Law.

"The more we resist, the more we flood" is a saying by many experts about the current state of the drainage system in Hanoi. The main cause is considered to be management capacity and planning work.

The Draft Law on Planning (integrated) is being revised. The construction planning section should be separated, and the scope, targets, and content management of the Draft Law on Planning (integrated) should be adjusted, limited to comprehensive socio-economic planning and sectoral development planning, based on supplementing, amending, enhancing, and upgrading Decree No. 92/2006/ND-CP, dated September 07, 2006, on the formulation, approval, and management of comprehensive socio-economic development planning. Accordingly, the name will be changed to "Comprehensive Socio-Economic Development Planning Law." With this, it could be presented to the National Assembly for approval at the end-of-year 2017 session.

Second, the Construction Planning Law. Amending and supplementing the current Urban Construction Planning Law into the Construction Planning Law that includes urban construction planning, rural construction planning, and other physical planning associated with basic construction investment activities. This law could be passed later in 2018.

If done, the implementation of strategies, plans, programs, national projects, and those of ministries, central authorities, and local authorities will not be disrupted or hindered; basic construction investment activities will essentially continue as usual. The country will not go through a period with "planning gaps" and "legal voids," which are chaotic and extremely costly.

Based on the above arguments, it is proposed that the Government of Vietnam, the National Assembly, especially the National Assembly delegates, calmly study and not pass the (integrated) Law on Planning. Instead, two independent parallel laws should be maintained, which is appropriate given the current situation.

Bui Duc Hung – Former Director of Academy of Construction and Urban Management Cadres, Ministry of Construction

Source: Business Forum

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