Decree 37/2019/ND-CP elaboration of Law 21/2017/QH14 on Planning (Part 3)

1 Chapter I. GENERAL PROVISIONS


Chapter III. SEEKING OPINIONS ABOUT PLANNING

Article 29. Seeking opinions about national comprehensive planning, national marine spatial planning and national land use planning

1.  The enquired entities include the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to the planning.

2.  Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 3 and 4 of this Article.

3.  Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a)    The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing contents of the planning;

b)    The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c)    The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

4.  Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a)  The People’s Committee of the province shall notify the People’s Committees of the district of

the seeking of opinions;

b)  The People’s Committee of the district shall notify the People’s Committee of the commune

and organizations located within the district;

c)  The People’s Committee of the commune shall notify the residential community and individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Article 30. Seeking opinions about national sector planning

1.  The enquired entities include the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies, People’s Committees of provinces, residential communities, organizations and individuals related to national sector planning.

2.  If the planning involves borders, islands or strategic defense and security positions, the authority organizing formulation of planning shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3.  Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the website of the authority organizing formulation of planning within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4.  Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a)    The authority organizing formulation of planning shall send an enquiry together with a planning report, diagram and map showing contents of the planning and strategic environmental assessment report made in accordance with regulations on environmental protection;

b)    The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c)    The planning authority shall consolidate and respond to opinions and request the authority organizing formulation of the planning to consider them before submitting the planning for appraisal.

5.  Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The People’s Committee of the province shall notify the People’s Committees of the district of

the seeking of opinions;

b) The People’s Committee of the district shall notify the People’s Committee of the commune

and organizations located within the district;

c)    The People’s Committee of the commune shall notify the residential community and

individuals involved of the seeking of opinions;

d)    The residential community, organizations and individuals shall contribute their opinions directly on the website of the authority organizing formulation of planning or send written opinions to the authority organizing formulation of planning. Where necessary, the authority organizing formulation of the planning may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate, respond to and send opinions to the authority organizing formulation of the planning, which will publish them on its website before submitting the planning for appraisal.

Article 31. Seeking opinions about regional planning

1.  The enquired entities include the Central Committee of the Vietnamese Fatherland Front; Ministries and relevant ministerial agencies; People’s Committees of provinces in the region, provinces adjacent to the region and provinces located in river basin mentioned in the regional planning; residential communities, organizations and individuals related to the regional planning.

2.  If the planning involves borders, islands or strategic defense and security positions, the planning authority shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3.  Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4.  Opinions from the Central Committee of the Vietnamese Fatherland Front, Ministries, ministerial agencies and People’s Committees of provinces related to planning shall be sought as follows:

a)    The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing the planning scheme;

b)    The enquired authorities shall give a written response within 30 days from the receipt of the enquiry;

c)    The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

5.  Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a)  The People’s Committee of the province shall notify the People’s Committees of the district of

the seeking of opinions;

b)  The People’s Committee of the district shall notify the People’s Committee of the commune

and organizations located within the district;

c)  The People’s Committee of the commune shall notify the residential community and

individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Article 32. Seeking opinions about provincial planning

1. The enquired entities include Ministries and relevant ministerial agencies; People’s Committees of provinces in the region and provinces adjacent to the region; Vietnamese Fatherland Front Committees of provinces, People’s Committees of districts, residential communities, organizations and individuals related to the provincial planning.

2.  If the planning involves borders, islands or strategic defense and security positions, the planning authority shall agree with the Ministry of National Defense and Ministry of Public Security about contents of the planning before seeking opinions.

3.  Contents of the draft planning about which opinions are sought, except contents classified as state secrets in accordance with regulations of law shall be published on the provincial planning authority’s website within at least 30 days from the date of sending the enquiry about the planning as specified in Clauses 4 and 5 of this Article.

4.  Opinions from the relevant regulatory authorities and Vietnamese Fatherland Front Committees of provinces shall be sought as follows:

a)    The planning authority shall send an enquiry together with a planning report, strategic environmental assessment report, diagram and map showing contents of the planning;

b)    The enquired authorities shall give a written response within 30 days from the receipt of the enquiry; the enquired Ministries or ministerial agencies shall give a written response to contents of the plan for development of sectors and fields under their management under the provincial planning so as to ensure the connection, consistency and systematic nature among fields, sectors and local authorities in the region as well as the conformity of the provincial planning with national and regional planning concerned;

c)    The planning authority shall consolidate and respond to opinions before submitting the planning for appraisal.

5.  Opinions from the residential community, organizations and individuals related to planning shall be sought as follows:

a) The planning authority shall seek opinions about residential community, organizations and individuals whose rights and interests are related to the planning.

b)  The People’s Committee of the district shall notify the People’s Committee of the commune and organizations located within the district;

c)  The People’s Committee of the commune shall notify the residential community and

individuals involved of the seeking of opinions;

d) The residential community, organizations and individuals shall contribute their opinions directly on the planning authority’s website or send written opinions to the planning authority. Where necessary, the planning authority may seek opinions about planning by posting it at public places, organizing conferences or workshops, delivering questionnaires or interviewing representatives of organizations, residential community and individuals;

dd) The planning authority shall consolidate and respond to opinions and publish them on its website before submitting the planning for appraisal.

Chapter IV. PLANNING APPRAISAL COUNCIL

Article 33. Responsibilities and rights of the Planning Appraisal Council’s Chair and

members

1.  The Chair of the Planning Appraisal Council has the following responsibilities and rights:

a)    Take responsibility for activities of the Planning Appraisal Council; organize and chair meetings of the Planning Appraisal Council;

b)    Assign tasks to members of the Planning Appraisal Council;

c)    Approve planning appraisal reports.

2.  Members of the Planning Appraisal Council have the following responsibilities and rights:

a)    Attend all meetings of the Planning Appraisal Council;

b)    Consider applications for appraisal of planning, express their written opinions at meetings of the Planning Appraisal Council about specialized field and common issues; send their written

opinions about drafts of planning appraisal reports to the standing body of the Planning Appraisal Council (hereinafter referred to as “the standing body”) for consolidation; cooperate with the standing body of the Planning Appraisal Council in reviewing responses to appraisal opinions in the planning documentation before the planning documentation bears seals.

c)    Be entitled to have their opinions recorded;

d)    Perform tasks assigned by the Chair of the Planning Appraisal Council.

Article 34. Responsibilities and rights of the standing body

1.  Receive, consider and process applications for appraisal submitted by a planning authority to the Planning Appraisal Council.

2.  Prepare and submit a planning appraisal plan to the Planning Appraisal Council for approval or re-appraise the planning in case it is ineligible to be submitted for decision or approval according to the conclusion given by the Planning Appraisal Council.

3.  Provide documents to members of the Planning Appraisal Council in order for them to contribute their opinions about planning.

4.  Request the Chair of the Planning Appraisal Council to allow for organization of a meeting, conference or workshop on assessment of themes related to the planning prior to the Planning Appraisal Council's meeting.

5.  Consolidate remarks and assessments of reviewers, opinions of members of the Planning Appraisal Council, independent consultant/consultancy (if any) and authority appraising strategic environmental assessment reports and other opinions, and notify them to the Planning Appraisal Council.

6.  Make necessary preparations so that the Planning Appraisal Council can organize a planning appraisal meeting.

7.  Make minutes of the planning appraisal meeting.

8.  Request the planning authority to adjust and complete planning report, strategic environmental assessment report and relevant documents according to the conclusion given by the Planning Appraisal Council.

9.  Take charge and cooperate with the authority appraising strategic environmental assessment reports in reviewing responses to appraisal opinions, prepare a planning appraisal report, including appraisal of contents of the strategic environmental assessment report; seek written opinions of the Planning Appraisal Council’s members about the draft of the planning appraisal report; complete the planning appraisal report and submit it to the Chair of the Planning Appraisal Council for approval.

10.  Take charge and cooperate with Planning Appraisal Council’s members in reviewing planning documents completed according to the Planning Appraisal Council’s conclusion; append a seal; sign the documents.

11.  Use its funding, human resources, vehicles and seals.

Article 35. Reviewers of the Planning Appraisal Council

1. The Planning Appraisal Council should have at least 03 members acting as reviewers.

2. A reviewer must have at least 15 years’ experience and 08 years’ experience in planning consulting or state management of planning if he/she possesses a bachelor’s degree and at least a master’s degree in planning-related discipline respectively.

3. Reviewers have the following responsibilities and rights:

a)    Attend all meetings of the Planning Appraisal Council;

b)    Consider applications for appraisal of planning and send their written opinions to the standing body for consolidation;

c)    Be entitled to remuneration according to regulations;

d)    Do not contact planning consultants and consultancies until their review tasks are done.

Article 36. Independent consultants and consultancies

1.  An independent consultant must satisfy the following conditions:

a) The consultant has at least 10 years’ experience, 15 years’ experience and 20 years’

experience in planning consulting or state management of planning if he/she possesses a doctoral

degree, a master’s degree and a bachelor’s degree in planning-related discipline respectively;

b) He/she has not participated in formulating the planning he/she reviews.

2.  An independent consultancy must satisfy the following conditions:

a)    It has legal status;

b)    It has at least 05 experts that comply with the regulation specified in Clause 2 Article 35 of this Decree;

c)    He/she has not participated in formulating the planning he/she reviews.

Article 37. Seeking opinions during planning appraisal

1.  Within 05 days from the receipt of the application for appraisal of planning specified in Clause 1 Article 31 of the Law on Planning, the standing body shall send enquiries to the Council’s members.

2.  Within 30 days from the receipt of the application for appraisal of planning, the reviewers shall send their written opinions to the standing body for consolidation.

3.  Where necessary, the Planning Appraisal Council shall select an independent consultant/consultancy to review one or some contents of the planning. Within 30 days from the receipt of the application for planning review, the independent consultant/consultancy shall send its/his/her written opinions to the standing body for consolidation.

4.  The standing body shall seek opinions of experts, socio-professional organizations and other relevant organizations about planning contents or organize a thematic conference, workshop or seminar, consolidate and report opinions to the Planning Appraisal Council.

Article 38. Meetings of the Planning Appraisal Council

1.  Within 10 days from the receipt of sufficient opinions contributed by reviewers of the Planning Appraisal Council, appraisal result notification of the authority appraising the strategic environmental assessment report and counsels of the independent consultant/consultancy (if any), the standing body shall consolidate and send such opinions to members of the Planning Appraisal Council and request the Chair of the Planning Appraisal Council to allow for organization of a meeting.

2.  Regarding the planning required to undergo strategic environmental assessment, a planning appraisal meeting shall be conducted if it is requested in writing by the authority appraising the strategic environmental assessment report and attended by at least three quarters (3/4) of the Planning Appraisal Council’s members, including the Chair and two thirds (2/3) of reviewers

and standing body’s representative, and by representatives of the planning authority and planning

consultancy.

3. Planning Appraisal Council’s regulations on making decisions:

a)    The council shall operate on a collective basis, discuss openly and make decisions according to majority rule to commission the planning and approve the minutes of the planning appraisal meeting;

b)    The planning required to undergo strategic environmental assessment and allowed to be commissioned by at least three quarters (3/4) of the Planning Appraisal Council’s members attending the meeting is eligible to be submitted for decision or approval if the strategic environmental assessment report (and revisions thereto, if any) has been approved by a competent authority.

Chapter V. NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Section 1: ESTABLISHMENT AND OPERATION OF NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Article 39. Requirements for national planning information system and database

1.  The national planning information system and database shall be established in a centralized and uniform manner according to national standards and technical regulations.

2.  The collection, updating, storage, management and use of information and database in the national planning information system and database shall comply with the following requirements:

a)    Ensure accuracy, adequacy, scientism, objectivity and inheritance;

b)    Ensure uniformity and ability to connect and exchange data;

c)    Regularly update and store information and database for long-term use;

d)    Systematically and conveniently manage the use of information and database to promptly serve state management, planning, and planning information demand from organizations and individuals;

dd) Publish and protect organizations and individuals’ right to access and use information for

right purposes in accordance with regulations of law;

e)    Comply with regulations of the law on protection of state secrets and intellectual property.

Article 40. Establishment of national planning information system and database

1.  The national planning information system and database shall be established according to architecture of a web portal connecting Ministries, ministerial agencies and People’s Committees of provinces in the network environment and in conformity with the Vietnam E-Government Architecture Framework; serve planning work, seeking of opinions about planning, publishing and provision of planning information; supervise and assess the process of implementing planning.

2.  Information and database in the national planning information system and database are digitized, linked and integrated with each other, associated with national geographic database and approved in accordance with regulations of law.

3.  The scale on which the national geographic database is established is determined by district; the national reference frame and coordinate system VN - 2000 shall be applied to all types of mapping information and database.

4.  The information and database collected to establish national planning information system and database include:

a)    Database of documents concerning national planning, regional planning, provincial planning, detailed planning, special administrative-economic unit planning, urban planning and rural planning that have been approved and archived as prescribed in Article 44 of the Law on Planning;

b)    Specialized database under the management of Ministries, ministerial agencies and People’s Committees of provinces and central-affiliated cities, which includes national statistical database, national statistical indicator system, and statistical indicator systems of provinces, districts and communes; water resource database; geology and mineral database; environment database; meteorological and hydrological database; database of natural resources and environment of sea and islands; climate change database; statistical and inventory database of land; land use  planning and plan database; information and database relating to baseline surveys of land; database of technical infrastructure systems; database of social infrastructure systems; construction database; database of systems of urban areas and rural residential areas; database of residential houses and real estate market; national defense and security database; relevant surveying and mapping database;

c)    Standardized and regularly updated national geographic database;

d)    Other planning information and database.

Article 41: Updating and operation of national planning information system and database

1.  Ministries, ministerial agencies and People’s Committees of provinces shall update information and database of planning documentation under their management to online national planning information system and database within 10 days from the date on which the planning is approved.

2.  Ministries, ministerial agencies and People’s Committees of provinces shall update information and specialized database under their management to online national planning information system and database over statistical reporting and inventory periods or after the investigation and surveying results are approved and announced by the competent authority.

3. The Ministry of Planning and Investment shall take charge and cooperate with Ministries, ministerial agencies and People’s Committees of provinces in organizing operation and use of national planning information system and database; establish business and control process to operate and maintain national planning information system and database; implement mechanisms and solutions for synchronizing and backing up data, ensuring integrity and safety of national planning information system and database.

Article 42. Costs of establishment and operation of national planning information system and database

1.  The costs of construction of information infrastructure and design of software serving management and operation of national planning information system and database shall be covered by public investment and other legal capital sources.

2.  The costs of management, operation and collection of information and database, and updating of information and database to online national planning information system and database shall be covered by recurrent funding sources in accordance with regulations of the Law on State Budget.

3.  Every relevant regulatory authority shall make an annual estimate of recurrent funding for the activities specified in Clause 2 of this Article and send it to the finance authority at the same level.

Section 2: RESPONSIBILITY FOR ESTABLISHMENT OF NATIONAL PLANNING INFORMATION SYSTEM AND DATABASE

Article 43. Responsibilities of the Ministry of Planning and Investment

1.  Promulgate regulations on contents, architecture, technical requirements, technology solutions and methods for operation of the national planning information system and database in compliance with regulations on e-Government.

2.  Provide detailed guidelines for collection, processing, storage and use of planning information and database to establish the national planning information system and database.

3. Take charge and cooperate with Ministries, ministerial agencies and People’s Committees of provinces in establishing, managing and operating the national planning information system and database; submit consolidated reports on establishment, management and operation of the national planning information system and database to the Prime Minister.

4.  Provide guidance and inspect the collection, management, provision, operation and use of information and database in the national planning information system and database by other Ministries, ministerial agencies and People’s Committees of provinces.

5.  Make and promulgate a Regulation on cooperation in collection, management, connection, sharing and use of information and database in the online national planning information system and database.

6.  Create an environment to connect, share and exchange information and database in the  national planning information system and database nationwide by using information technology and communications platforms, including information technology infrastructure; management  and operation software; information standards and shared database based on the connection with national planning information system and database; safety and privacy policy and policy for copyright protection of information and database in the national planning information system and database.

7.  Formulate a plan and manage the use of provided funding to carry out investigations and establish database; establish, maintain and update information infrastructure and software to serve management, operation and use of the national planning information system and database in accordance with applicable regulations.

8.  Provide guidance and training in editing, updating, approving and checking information and database in the national planning information system and database.

Article 44. Responsibilities of Ministries and ministerial agencies

1.  Ministries and ministerial agencies shall, within their jurisdiction, have the responsibility to:

a)    organize the establishment, regular updating and long-term storage of contents of the national planning information system and database under their management; connect, share and provide information and database under their management to the online national planning information system and database as prescribed;

b)    ensure the accuracy of contents, information and database in the national planning information system and database within their jurisdiction to provide, update and manage thereof;

c)    ensure safety of their administrator account that allows access to national planning information system and database;

d)    Cooperate with the Ministry of Planning and Investment in ensuring safety of, sharing, connecting, integrating and extracting information and database in the national planning information system and database.

2.  The Ministry of Natural Resources and Environment shall sufficiently provide standardized and regularly updated national geographic database and national topographic maps to establish a data framework for the national planning information system and database.

3.  The Ministry of Information and Communications shall cooperate with the Ministry of Planning and Investment in promulgating technical regulations and standards, providing guidelines for synchronizing, integrating, accessing and sharing information among regulatory authorities to ensure continuous connection and safety of the national planning information system and database.

4.  The Ministry of Science and Technology and the Ministry of Culture, Sports and Tourism shall cooperate with the Ministry of Planning and Investment in providing guidelines for implementation of the law on protection of intellectual property rights upon establishment and operation of the national planning information system and database.

Article 45. Responsibilities of People’s Committee of provinces

1.  Within their jurisdiction, perform the tasks and exercise the rights specified in Clause 1 Article 44 of this Decree.

2.  Direct their planning management authorities to perform the following tasks:

a)    Take charge and cooperate with departments in collecting, updating, assessing, managing, storing, announcing and using planning information and database as prescribed;

b)    Organize the management of planning information and database within provinces through the online national planning information system and database;

c)    Apply information technology, integrate information, database and applications to enable organizations and individuals to effectively use planning information and database and to increase the value thereof;

d)    Store and provide planning information and database.

Chapter VI. IMPLEMENTATION CLAUSE

Article 46. Effect

This Decree comes into force from the date on which it is signed.

Article 47. Responsibility for implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairs of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Decree.

2.  The Ministry of Planning and Investment shall, within their jurisdiction, organize and provide guidelines for the implementation of this Decree./.




Decree 37/2019/ND-CP elaboration of Law 21/2017/QH14 on Planning (Part 2)
Appendix I of Decree 37/2019/ND-CP elaboration of Law 21/2017/QH14 on Planning (Appendix I)
Appendix III of Decree 37/2019/ND-CP elaboration of Law 21/2017/QH14 on Planning (Appendix III)