Proposals to amend and supplement several specific mechanisms and policies for the development of Da Nang

According to the draft Submission Report, the Resolution amends and supplements several points and clauses in Article 9 on investment management. Accordingly, Clause 4 of Article 9 is supplemented regarding policies for the transit-oriented development (TOD) urban development model. This policy aims to maximize the economic value of public land and existing infrastructure, enhance urban connectivity, and at the same time create new development space in line with global trends in railway projects; supplement Clause 5 of Article 9 on specific and special mechanisms and policies to develop the urban railway network system within the city; and supplement the authority of the Da Nang High-Tech Park and Industrial Zones Authority.

Reporting to the Appraisal Council, Deputy Minister of Finance Nguyen Duc Tam – representative of the drafting agency – stated that the adoption of the policy aims to further improve the legal framework, ensuring more specific, breakthrough, stringent, feasible, and effective mechanisms and policies to meet urgent requirements in attracting strategic investors and mobilizing domestic and foreign resources for socio-economic development investment of the city; addressing difficulties, obstacles, and shortcomings arising during the implementation of Resolution 136 to build and develop Da Nang City worthy of being a regional nucleus, a driving force for the development of the South Central Coast and Central Highlands Region, and striving for Da Nang City to join the group of globally competitive cities with the aspiration to transform Da Nang City into a center of science and technology, international transportation, and a tourism, financial, and technological services hub with transport and digital infrastructure capable of competing with major, modern cities in the region and the world.

Also according to the draft Submission Report, the draft Resolution amends and supplements several points in Article 12 of Resolution 136 on attracting strategic investors; and amends and supplements several clauses in Article 13 on the establishment of the Da Nang Free Trade Zone, including amendments and supplements to investment incentive policies; preferential regimes under customs law; and financial management policies and investment support policies at the Da Nang Free Trade Zone.

At the same time, several points and clauses of Article 11 of Resolution 136 on planning, urban development, natural resources, and environment management are amended and supplemented. Accordingly, Clause 8 of Article 11 is supplemented regarding the authority to lease land assigned to the Da Nang High-Tech Park and Industrial Zones Authority. Accordingly, the Da Nang High-Tech Park and Industrial Zones Authority is authorized to decide and lease land within the High-Tech Park and Industrial Zones invested with state budget capital. The order and procedures fall under the competence of specialized agencies under the provincial-level People’s Committee.

Contributing opinions at the Appraisal Council, Nguyen Quoc Trung, representative of the Ministry of Construction, stated that the ministry generally agrees with the contents of the draft Resolution. According to Mr. Trung, the supplementation of Clause 5 of Article 9, allowing the City People’s Council to decide on the application of specific and special mechanisms and policies for the development of the urban railway network system within the city, is very necessary, and the Ministry of Construction supports this view. As the former Da Nang City belonged to a centrally governed city, and now, after merging with Quang Nam Province, the space is extensive, the demand for an urban railway is very urgent; he suggested that the drafting agency revise some contents related to urban planning accordingly.

Similarly, the representative of the Ministry of Public Security also affirmed that the drafting agency had fully incorporated the Ministry of Public Security’s comments. The Ministry of Public Security agrees on the necessity of promulgating the draft Resolution on amendments and supplements; the draft is eligible for submission to the Government after fully incorporating the opinions of the Council members. The representative of the Ministry of Foreign Affairs also affirmed that the policies in the draft Resolution do not contradict any commitments under international treaties to which Viet Nam is a member; thus, it is eligible for submission.

Agreeing with the viewpoint of the drafting agency on the necessity of promulgating the Resolution, Nguyen Van Dung, representative of the Ministry of National Defence, affirmed that the contents of the draft Resolution ensure security and national defence issues. Mr. Dung noted that, during the implementation process, if Da Nang City encounters any arising issues related to security and national defence, it may send a written request for opinions to the Ministry of National Defence for resolution.

According to the Deputy Minister of Justice, the contents of the draft Resolution are consistent with the guidelines and orientations of the Party, especially the guidelines and orientations in Resolution No. 43 of the Politburo on the construction and development of Da Nang City; and Conclusion No. 79 of the Politburo on continuing the implementation of Resolution No. 43 of the Politburo. The Appraisal Council requested the drafting agency to continue thoroughly reviewing the relevant guidelines and orientations of the Party. Regarding constitutionality, under Point b, Clause 4, Article 1 of the draft Resolution amending and supplementing Clause 4, Article 11 of Resolution 136, the provision is revised towards expanding the cases in which the State recovers land. This is a sensitive and complex issue, directly related to the lawful rights and interests of land users. Therefore, the drafting agency is requested to further clarify the justification for supplementing the above-mentioned land recovery cases to ensure conformity with the Constitution. Regarding legality and consistency within the legal system, according to Deputy Minister Phan Chi Hieu, since this is a pilot Resolution of the National Assembly, the draft Resolution contains several provisions different from current laws; therefore, the drafting agency is requested to thoroughly review the draft Resolution and ensure several principles as follows: the amended and supplemented contents must truly be specific and breakthrough policies under the authority of the National Assembly and not yet provided for in existing laws; and not re-regulate matters already prescribed. Also according to the Deputy Minister of Justice, the contents of the draft Resolution are compatible with international treaties to which Viet Nam is a member; and ensure security and national defence issues. Deputy Minister Phan Chi Hieu affirmed that the Council agrees that the dossier is eligible for submission to the Government after revising and supplementing several contents at the request of the Appraisal Council.

Concluding the meeting of the Appraisal Council, Deputy Minister Phan Chi Hieu stated that the Council agrees on the necessity of promulgating the Resolution for the reasons set out in the draft Submission Report. However, the drafting agency is requested to further clarify the urgency of addressing issues arising from practical implementation in order to apply simplified procedures.