Amending the law to create new urban areas

The operation of the two-level local government model not only poses challenges in terms of apparatus but also touches the core of the urban development problem: how to ensure that the law does not lag behind reality and, more importantly, how to change the mindset of urban governance.

One of the current outstanding issues is the need to clarify the concept of urban in the 2-level local government model. In many localities, after abolishing the administrative units at the city and provincial level and leaving only the commune and ward levels, the management of the urban system is in dire need of appropriate legal and planning adjustments. Many opinions ask whether the concept of "urban" still exists at the commune and ward levels? And if so, what criteria and standards will be applied to define and develop urban areas?

Another issue that needs special attention is the connection between urban development and the green - smart - anti-climate change trend. These criteria need to be legalized, helping Vietnamese cities not to fall behind in the global race, while creating a foundation for sustainable development. If specific and feasible technical standards are not soon put forward, the situation of "smart cities on paper" will continue, and the reality will still be flooding, traffic jams, lack of public space, etc.

In addition, the role of local authorities in urban recognition also needs to be clarified. According to information from the Ministry of Construction , in the draft law amendments being implemented, the Provincial People's Committee will be decentralized and authorized to recognize urban areas of type 2, 3, and 4. The Provincial People's Committee will also be authorized to approve detailed plans to suit the reality. This is expected to be a boost to speed up projects instead of "lining up" waiting for approval at the Central level.

However, it is necessary to frankly acknowledge that decentralization must go hand in hand with control in the appraisal and approval process. Decentralization without control is no different from giving more "privileges" to interest groups, when a planning signature can turn agricultural land into gold land, with a difference in value of up to thousands of billions of dong. Along with that, digitizing the entire process, publicizing records, progress, costs, etc. must become mandatory requirements. Only then will reform truly enter life, regaining the trust of people and businesses.

Faced with urgent demands from reality, the Ministry of Construction and related ministries and branches are amending and supplementing new provisions in related laws such as the Law on Construction and the Law on Urban and Rural Planning. The problem is that the drafting agencies need to review and ensure consistency between the laws, avoiding falling into a vicious circle: amending the law but creating new "bottlenecks". Moreover, amending the law is not just a legislative technique but must focus on governance thinking. That is, urban governance does not stop at "licensing - approval" but must be about creating living space, ensuring citizens' rights, and preparing for the future.

The success of the law amendment and supplement should not be measured by the number of laws that are simplified and supplemented, but by the quality of life of millions of urban residents and the attractiveness of Vietnam in the eyes of international investors. It is time to face the truth, either we seize the opportunity to turn this law amendment into a turning point for Vietnamese cities to reach new heights, or we will repeat the familiar cycle: amend the law, fall behind, then amend again. And the price of that delay will be borne by none other than the urban residents themselves.

MINH DUY

Source: https://www.sggp.org.vn/sua-luat-de-kien-tao-do-thi-moi-post816256.html