land management overview - key issues and instruments introduction & contents: 1.shift from...
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Land Management Overview - Land Management Overview - Key issues and instrumentsKey issues and instruments
Introduction & Contents: 1. Shift from State dominated socialist
economy to market based economy 2. Land management requirements 3. Decentralisation and increasing role of local
authorities 4. Relationships between land management
and urban spatial planning 5. Conclusions & Recommendations
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
• The current mechanisms for urban spatial planning and management under MOC have little relevance to the control of private development in market economic conditions.
The problems faced by urban planners in Vietnam’s cities today are a direct result of the continued application of these mechanisms that are only relevant to the former centralised economic system.
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
In the socialist economy urban planning is not seen as a means of addressing urban social or physical issues or problems but rather is the process of spatial allocation of state resources to meet the specified targets.
The problem is that urban planners in Vietnam have little appreciation or experience of the dynamic nature of (non-socialist) cities, where redevelopment and renewal are functions of the market economy brought about by mostly private investment.
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
There is little or no consideration of the appropriateness of the development in terms of its visual, social, economic or locational characteristics, as there is no process or mechanism for the granting of development permission where these characteristics of the proposal would be evaluated.
All “planning” is viewed as a process of implementing the planned investment of state resources, and not as a means of controlling private development/investment for the public interest, as this is a function of the market economy, which previously was non-existent and is now not fully understood.
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
For example the consequences for the public interest of the accumulative effect of many private decisions to develop small projects are not recognised and appreciated.
This is because there is no process or mechanism to evaluate the consequences or impact of any form of urban redevelopment as this is not a characteristic of the city in the socialist economy.
As a consequence, there is little or no strategic planning basis to the preparation of urban spatial plans.
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
Conclusions: The current mechanism for the formulation of urban
spatial plans produces plans that are inflexible and have little relevance to the control of development, particularly development by the non-government sector.
The shift to a market economy requires a new urban development management model that does more than provide a simple spatial allocation of development. It is now also required to consider the strategic implications of the spatial allocation to ensure the efficient, effective and sustainable management of resources.
Shift from State dominated socialist Shift from State dominated socialist economy to market based economyeconomy to market based economy
Issues to be addressed:
Are the Spatial Plans produced under MOC effective?
Is there an alternative approach that will achieve more effective outcomes?
Is MOC addressing these issues as part of an on-going administrative reform process?
Land Management Land Management ConsiderationsConsiderations
For a comparison, look at the ‘SEMLA’ Project under MoNRE:
The “Vietnam – Sweden Cooperation Programme on Strengthening Environmental Management and Land Administration in Vietnam” (“SEMLA”) is a five-year bilateral cooperation programme (2004-2009) assigned to the Ministry of Natural Resources and Environment (MoNRE), and officially launched in November 2004. (Refer to webpage: www.semla.org.vn)
Land Management Land Management ConsiderationsConsiderations
The goal of the SEMLA programme is to develop an effective and efficient system of environmental and natural resource management that contributes to satisfying the country’s sustainable development needs, economic growth associated with poverty alleviation, natural disaster control, environmental protection and various social issues, tuning the management systems with the public administrative reform, establishing and administration system close to the people, encouraging the people to monitor the implementation of legislation and contribute to decision making process.
Land Management Land Management ConsiderationsConsiderations
The national component is aimed at building and strengthening Institutional, Policy, and Operational Capacities; Capacity Building and Public Awareness Raising.
The Provincial Component in the Inception Phase is implemented in the three provinces of Ha Giang, Nghe An and Bai Rai – Vung Tau, focussing on Pollution Prevention, Control and Rehabilitation; Chemical Safety, Environmental Impact Assessment and Strategic Environmental Assessment Systems; Environmental and Land Information System; Land Registration and Real Estate Market Development; Provincial Capacity Building and Public Awareness Raising
Land Management Land Management ConsiderationsConsiderations
The Draft Final Report on the Land Use Planning Action Plan (September 2006) proposes a framework for reform of land-use planning processes in the following terms:
“DEFINING THE WAY FORWARD – A FRAMEWORK FOR REFORM”
1. An Inter-Ministerial committee on Planning 2. Clear policy objectives for LUP
3. Enhanced Institutional Arrangements
Land Management Land Management ConsiderationsConsiderations
4. A revised and integrated Land Use Planning approach, incorporating environmental and social aspects
Redefine the Land Use Planning Process Integrate Environmental Considerations into LUP
Process Link to Environmental and Land Information
System
5. Integration of LUP with sector development plans and the SEDP
Land Management Land Management ConsiderationsConsiderations
6. An improved budgetary management approach
7. Enhanced public and stakeholder consultation process
8. Capacity building and Awareness raising programs
9. Alignment of the land allocation process with the LU Planning framework
10. Separation of the land use classification from the LURC
Land Management Land Management ConsiderationsConsiderations
The SEMLA project appears to be undertaking a comprehensive review of the overall operation of a land use planning in Vietnam in an endeavor to formulate an efficient and effective system that best serves the interests of the stakeholders and the community. It is certainly a most appropriate starting point
I am unaware of any programme in MOC that has any similarity to the SEMLA programme being undertaken by MoNRE, that has a focus on “Defining The Way Forward – A Framework For Reform”.
Land Management Land Management ConsiderationsConsiderations
The best system for Vietnam is one that coordinates and integrates the spatial planning responsibilities of MOC with the land use management responsibilities of MoNRE
An example of this current focus on the narrow requirements of a single ministry is the separation of the House registration (under the MoC) from the land registration (under MoNRE). Vietnam is now creating two separate registration systems and causing considerable confusion in respect to development rights in the real estate market.
Decentralisation and increasing Decentralisation and increasing role of local authoritiesrole of local authorities
The primary problem is that the Vietnam government administration system creates a distinction between “use” and “development” of land.
Most development planning systems in a market orientated economy combine the activities; that is, in the process of evaluation of an investment project the consideration of use and development is a single integrated process.
Decentralisation and increasing Decentralisation and increasing role of local authoritiesrole of local authorities
This distinction or separation of responsibilities between MPI, MOC, and MoNRE is far less dominant at the local authority level; that is, the level immediately below the provincial government level.
At this level of government there is a far greater capacity to evaluate an investment proposal on its merits and in a coordinated and integrated way.
For a particular investment proposal the benefits and dis-benefits can be evaluated in terms of socio-economic impacts, spatial planning implications, land use compatibility and environmental implications .
Decentralisation and increasing Decentralisation and increasing role of local authoritiesrole of local authorities
It is at this local authority level where a far greater emphasis needs to be placed in formulating development management processes that are relevant to the needs of Vietnam’s cities and towns in the 21st Century.
This is of course entirely consistent with the directives of the Party and the Government for an increase in the role and responsibilities of local authorities through the decentralisation of administrative functions.
A separate Ministry that has sole responsibility for the efficient and effective administration of local authorities.
Decentralisation and increasing Decentralisation and increasing role of local authoritiesrole of local authorities
There have been many studies undertaken in Vietnam in recent years which proposed new and innovative systems for development management which were formulated for operation at the local authority level:– The Hanoi Planning and Development Control Project.– Strengthening Urban Management Capacity in Ho Chi Minh City:
Project VIE/95/051, funded by UNDP in 1997 and 1998.– Strengthening Capacity for Urban Planning and Management for
Hanoi City, Project VIE/95/050, funded by UNDP in 1997 and 1998
– Environmental issues in Investment Planning: The second phase of a UNDP Capacity 21 project (VIE/97/007) October 1999 - 2002.
Relationships between land management Relationships between land management and urban spatial planningand urban spatial planning
The core issue is reinforcing the relationship between land management and urban spatial planning
What is required as a first step is a reformed urban design process for Vietnam that emphasises the integration of land-use and urban spatial planning into a comprehensive and coordinated system that can be operated and implemented by ‘local authorities’ (specifically at the level of administration below provincial governments).
Relationships between land management Relationships between land management and urban spatial planningand urban spatial planning
In my opinion this reformed urban design process needs to incorporate five components:
1. An Urban Development Strategy (i.e. Master Plan) 2. Public Works Project Schedule (for public
investment projects) 3. Urban Management Controls (for private
investment projects) 4. A Manual on ‘How to Operate the System’ 5. A Manual on ‘How to Formulate the System’
Relationships between land management Relationships between land management and urban spatial planningand urban spatial planning
Quang Ninh Pilot ProjectQuang Ninh Pilot Project Focused on the process of assessment of development planning
and investment proposals in an established urban area (Hong Gai town), with the primary aim to reform the existing process by the formulation of the procedures, policies and standards required to ensure that land use and environmental protection issues are considered in all decisions associated with development planning and investment in urban areas.
These procedures, policies and standards were accompanied by “support tools” suitable for application in similar urban areas and localities throughout Vietnam. These support tools were designed to assist the decision makers in the local authorities (Cities and Towns) in the operation and administration of the relevant procedures, policies and standards.
Quang Ninh Pilot ProjectQuang Ninh Pilot Project
The primary Outputs of the Quang Ninh Pilot Project were:
Procedures, policies and standards:– An Urban Management Strategy– Urban Management Controls
Support Tools:– A ‘User Guide’– A ‘How to Prepare’ Manual
Quang Ninh Pilot ProjectQuang Ninh Pilot Project
AIMS: To identify barriers to environmental management in the
existing Investment Planning process
To use ‘urban development’ in the Ha Long Bay World Heritage Area as a case study
To identify ways of improving the Investment Planning process in relation to environmental management and urban development
Quang Ninh Pilot ProjectQuang Ninh Pilot Project
Why is Reform Needed? Public investment will become less responsible for ‘change’ in
urban areas
Private investment will become more responsible for ‘change’ in urban areas
Existing Investment Planning process manages public investment well. But does not manage private investment well.
Urban development has the potential to cause major environmental impacts
Quang Ninh Pilot ProjectQuang Ninh Pilot Project
Environmental Impacts of Unplanned Urban Development
1. Destruction of natural habitat and loss of eco-diversity within the Ha Long Bay World Heritage Area
2. Lose of natural scenery
3. Loss of history, culture and character of Ha Long Cit
4. Air pollution, water pollution and contamination of land
5. Traffic congestion, inconvenience and higher travel costs to residents and businesses
6. Poor and unhealthy standard of living for residents
7. Economic cost due to loss of tourism
8. Environmental degradation and high reclamation costs
Ha Long Central Area Urban Environment PlanHa Long Central Area Urban Environment Plan
Part 1 – Urban Management Strategy
Part 2 – Urban Management Controls
Part 3 – User Guide
Part 4 – How to Prepare Manual
Ha Long City Central Area
URBAN ENVIRONMENT PLAN
Quang Ninh Provincial Pilot Project UNDP Project VIE 97/007 - Capacity 21 Project
Environment Issues in Investment Planning
Prepared by Colenco~Holinger
September 2000
Hon Gai Study AreaHon Gai Study Area
Three major changes:
1. Bai Chay Bridge
2. Coal Stores 1 and 2
3. Relocation of the Sports Ground and Soldiers Memorial
Legend
Project No. 1
Project No. 2
Project No. 3
Boundary of Study Area
Ha Long City Central Area Urban Environment Strategy
Major Projects 5
Part 1 - Strategy Plan - VisionPart 1 - Strategy Plan - Vision
New development to be low to medium rise to respect World Heritage Environment
Transform the centre of Hon Gai into a beautiful and attractive place
Strengthen role as Administrative, Commercial and Tourist Centre of Quang Ninh
Establish “Old Town Waterfront” as tourist destination
Old coal stores used for a modern shopping centre, offices, residential apartments and private housing
Urban design projects throughout the town centre
Improve collection of sewerage, drainage and garbage
Part 2 - Controls to Manage New Part 2 - Controls to Manage New DevelopmentDevelopment
All development must comply with the requirements of the Controls – public and private
Compliance assessed during assessment of an application for Investment Licence or Construction Licence
Licence will not be issued if doesn’t comply
Types of ControlsTypes of Controls
Height and form of buildings
Use of land
Requirement for open space when subdividing land
Developer must provide adequate sewerage / drainage at time of construction
Must provide adequate parking
Cannot demolish historic buildings
Ha Long City Central Area Urban Environment Strategy
Control Areas 18
Mixed Commercial / Residential
New Residential Area
Existing Residential Area
Special Waterfront – West Side
Old Town Waterfront
Stone Falling Area
Central Shopping and Commercial
Conservation Area
Central Shopping and Central Shopping and Commercial Area: Commercial Area:
Description: Location for the development of a modern commercial and business centre for Quang Ninh Province and Ha Long City.
Activities To Be Encouraged: Shopping complexes, supermarket, department store, commercial office buildings, business hotels, commercial cinema complex, trade exhibition centre, car and motorcycle parking, public transport facilities.
Activities To Be Discouraged: Residential (houses and apartments), schools, market.
Built Form: Medium-rise buildings to a maximum of 6 floors; podiums for the first 2 floors with setbacks above, provision for future pedestrian links at first floor level. Provision for goods delivery areas, provision of car-parking but preferable not at ground level in the middle of this area.
Special Waterfront Area – ‘Old Town’ Special Waterfront Area – ‘Old Town’
Description: Action plan area to ensure high quality environment.
Activities To Be Encouraged: Housing, market and market related, small-scale retail, restaurants and cafes, entertainment activities, tourism activities, integrated ferry and bus terminal, car parking and green spaces.
Activities To Be Discouraged: Commercial office buildings, large scale retail.
Built Form: Maximum of 3 floors
Part 3 – User GuidePart 3 – User Guide
Two Main Uses of Urban Environment Plan
1. Assessing development proposals
2. Providing coordinated local input into investment planning process
Assessing Development ProposalsAssessing Development Proposals
Provides Guidelines for:
Applicants
Government Departments when an Investment Licence is required
Government Departments when a Construction Licence is required
ChecklistChecklist
Each Control includes a checklist against which applications are assessed for compliance
Local input into Socio-economic & Spatial Local input into Socio-economic & Spatial Planning ProcessPlanning Process
People’s Committee
Central Government seeks local input into the preparation of socio-economic and spatial plans
Urban Environment Management Plan Functional Departments to identify investment projects for the Ha Long City Centre Area, having regard to achieving the
goals and objectives of the Ha Long City Centre Urban Environment Plan
Other relevant Departments …
Department of Culture and Information
Department of Science Technology
and Environment
Department of Construction
Department of Planning and Investment
ALL DEPARTMENTS TO HAVE REGARD TO URBAN ENVIRONMENT PLAN WHEN PREPARING
THEIR INVESTMENT SUBMISSIONS FOR MINISTRY FOR PLANNING AND INVESTMENT
Integration into Existing Planning ProcessIntegration into Existing Planning Process
Ministry / Departments of Planning and Investment
Ministry / Departments of Construction
Socio-Economic Development
Planning
Regional Planning Professional Plans
General Urban Planning
Detailed Planning
THE URBAN ENVIRONMENT PLAN WITHIN THE EXISTING
PLANNING PROCESS
Urban Environment Plan Fits betw een General Planning
and Detailed Planning in the existing system, and influences decisions both up and dow n.
Other Ministries / Local Departments
Part 4 – ‘How to Prepare’ ManualPart 4 – ‘How to Prepare’ Manual
Explains how to prepare an Urban Environment Plan
Will be used by the People’s Committee and Functional Departments to prepare and to update plans
Will emphasis the need for co-ordination between departments
Will explain the importance of community consultation in the process
Is replicable and can be used in other Provinces
ChallengesChallenges
Controlling private development
Enforcement - stopping illegal development
Adoption by the People’s Committee
Institutionalising the Plan into the existing system
Allocating sufficient funds to manage private development (the need for recurrent expenditure on staff etc)
Integrate public works spending and private development
Gaining Public acceptance
Training and Capacity Building in the Local Authorities
Conclusions and RecommendationsConclusions and Recommendations The shape and character of urban areas in Vietnam is
changing rapidly, resulting in both benefits and disbenefits to the state and to the community.
The current spatial planning mechanisms are seen as being increasingly irrelevant in addressing the problems in urban areas brought about by the shift to the market economy.
The major changes to the shape and character of urban areas are primarily the direct result of private investment in construction activities, both medium and large scale commercial redevelopment projects, and the cumulative effect of many small scale projects.
Conclusions and RecommendationsConclusions and Recommendations
In formulating a reform process for development management which integrates and coordinates spatial planning and land management, the key concepts that need to be explored are those which determine the changes to the shape and character of the city together with the mechanisms that are required to manage those changes for the public benefit.
In the market economic model these key concepts are: 1. Urban planning operates at the local authority level
within a policy framework determined by the State or within the context of a regional plan approved by the State.
Conclusions and RecommendationsConclusions and Recommendations
2. Urban management and development control is a single system with a number of integrated and inter-dependent components. No one component can be operated effectively in isolation from the other components of the system.
3. Private sector investment is determined by the desire to obtain an appropriate capital return on the investment.
4. The vast majority of developments/investments in urban areas are funded from private (non-state) sources and therefore the state has no involvement in the investment decision.
Conclusions and RecommendationsConclusions and Recommendations 5. The issue of Planning Permit is the key decision
by the planning authority to allow the implementation of a development project by both the public (state funded) sector and the private sector
6. A Planning Scheme provides the framework for the assessment by the planning authority of all proposed development projects.
7. A Planning Scheme is the mechanism for ensuring that all government policies that may affect the suitability of the proposed development for the proposed location are considered during the approval process
8. A Strategic Plan provides the policy framework for the preparation and operation of planning schemes.
Conclusions and RecommendationsConclusions and Recommendations
The current mechanisms for urban management and development control currently operating in Vietnam, and the planning management systems that operate in a fully developed market economy are totally different, as they have evolved to serve a very different purpose.
The current mechanisms in-toto have little or no relevance to the management of private development in market economic conditions, and the problems faced by urban planners in Vietnam’s cities today are a direct result of the continued application of these mechanisms that are only relevant to the former centralised economic system.
Conclusions and RecommendationsConclusions and Recommendations
A paradigm shift is required that recognises the need for the introduction of an integrated land-use and development control system for Vietnam that provides for the efficient and effective control of all non-government development and investment, in addition to the current mechanisms for the management of state sponsored development and investment.
This need is particularly evident in regard to the MOC and their responsibilities for spatial planning. I see no evidence that MOC is pursuing a reform agenda in regard to the management and administrative mechanisms necessary for the preparation of spatial plans that are relevant to development under market economic conditions, or for the evaluation of the physical planning aspects of investment proposals.
Thank youThank you