Land Management Overview - Key issues and instruments

1
Land Management Overview - Key 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

2
Shift from State dominated socialist economy 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 Vietnams
  cities today are a direct result of the continued
  application of these mechanisms that are only
  relevant to the former centralised economic
  system.

3
Shift from State dominated socialist economy 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.

4
Shift from State dominated socialist economy 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.

5
Shift from State dominated socialist economy 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.

6
Shift from State dominated socialist economy 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.

7
Shift from State dominated socialist economy 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?

8
Land Management Considerations

• 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)

9
Land Management Considerations

• 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 countrys 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.

10
Land Management Considerations

• 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

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Land Management Considerations

• 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

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Land Management Considerations

• 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

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Land Management Considerations

• 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

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Land Management Considerations

• 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.

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Land Management Considerations

• 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.

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Decentralisation and increasing role 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.

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Decentralisation and increasing role 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 .

18
Decentralisation and increasing role 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 Vietnams 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.

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Decentralisation and increasing role 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.

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Relationships between land management and 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).

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Relationships between land management and 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

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Relationships between land management and urban
spatial planning
23
Quang 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.

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Quang 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

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Quang 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

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Quang 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

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Quang Ninh Pilot Project

• Environmental Impacts of Unplanned Urban
  Development
• Destruction of natural habitat and loss of
  eco-diversity within the Ha Long Bay World
  Heritage Area
• Lose of natural scenery
• Loss of history, culture and character of Ha Long
  Cit
• Air pollution, water pollution and contamination
  of land
• Traffic congestion, inconvenience and higher
  travel costs to residents and businesses
• Poor and unhealthy standard of living for
  residents
• Economic cost due to loss of tourism
• Environmental degradation and high reclamation
  costs

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Ha 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

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Hon Gai Study Area

• Three major changes
• Bai Chay Bridge
• Coal Stores 1 and 2
• Relocation of the Sports Ground and Soldiers
  Memorial

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Part 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

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Part 2 - Controls to Manage New Development

• 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 doesnt comply

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Types 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

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Central Shopping and 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.

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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

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Part 3 User Guide

• Two Main Uses of Urban Environment Plan
• Assessing development proposals
• Providing coordinated local input into investment
  planning process

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Assessing Development Proposals

• Provides Guidelines for
• Applicants
• Government Departments when an Investment Licence
  is required
• Government Departments when a Construction
  Licence is required

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Checklist

• Each Control includes a checklist against which
  applications are assessed for compliance

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Local input into Socio-economic Spatial
Planning Process
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Integration into Existing Planning Process
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Part 4 How to Prepare Manual

• Explains how to prepare an Urban Environment Plan
• Will be used by the Peoples 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

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Challenges

• Controlling private development
• Enforcement - stopping illegal development
• Adoption by the Peoples 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

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Conclusions 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.

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Conclusions 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.

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Conclusions 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.

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Conclusions 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.

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Conclusions 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 Vietnams
  cities today are a direct result of the continued
  application of these mechanisms that are only
  relevant to the former centralised economic
  system.

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Conclusions 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.

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Thank you