Law 21/2017/QH14 on Planning

1  .1 Chapter I GERNERAL PROVISIONS
  1. 1.1.1 Article 1. Governing scope
  2. 1.1.2 Article 2. Applicable entities
  3. 1.1.3 Article 3. Interpretation of terms
  4. 1.1.4 Article 4. Fundamental principles in planning
  5. 1.1.5 Article 5. The national planning system
  6. 1.1.6 Article 6. Relation among plan categories
  7. 1.1.7 Article 7. Order of activities when planning
  8. 1.1.8 Article 8. Planning period
  9. 1.1.9 Article 9. Funding for planning
  10. 1.1.10 Article 10. State policies for planning
  11. 1.1.11 Article 11. International cooperation in planning
  12. 1.1.12 Article 12. Rights and responsibilities of agencies, organizations, communities and individuals in consultation on and monitoring of planning
  13. 1.1.13 Article 13. Prohibited acts in planning
1.2 Chapter II. PLAN FORMULATION
1.3 Part 1. ORGANIZATION FOR PLAN FORMULATION
1.15 APPENDIX 

 

 

LAW ON PLANNING Law No.: 21/2017/QH14

Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Planning.

 .

Chapter I GERNERAL PROVISIONS

Article 1. Governing scope

This Law regulates the formulation, appraisal, decision or approval, publication, implementation, evaluation, and amendment of plans in the national planning system; the State administration responsibilities over plans.

Article 2. Applicable entities

This Law applies to agencies, organizations, and individuals involved in formulation, appraisal, decision or approval, publication, implementation, evaluation, and amendment of plans in the national planning system as well as other related agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1.    Planning means the spatial arrangement and distribution of economic, social, national defense, and security activities in association with infrastructure development, natural resource use, and environmental protection within a specific area so that the country’s resources are effectively used to achieve the Sustainable Development Goals set forth for a specific period.

2.    National comprehensive plan means a national strategic plan with the regional zoning and linkage approach, covering the mainland, islands, archipelagoes, sea and airspace of a territory; urban and rural systems; infrastructure; natural resource use and environmental protection; and natural disaster prevention and response to climate change, ensuring national defense and security as well as international integration.

3.   National marine spatial plan means a national plan which concretizes the national comprehensive plan in aspects of zoning of functional areas and proper spatial arrangement and distribution of sectors in coastal areas, islands, archipelagoes, sea and airspace under the sovereignty, sovereign rights and national jurisdiction of Vietnam.

4.  National land use plan means a national plan which concretizes the national comprehensive plan in aspects of land allocation and delineation for sectors and localities based on the potentials of land resources.

5.  National sectoral plan means a national plan which concretizes the national comprehensive plan in aspects of sectors, on the basis of linking sectors and regions related to  infrastructure, natural resource use, environmental protection and biodiversity conservation.

6.  Region means a part of the national territory consisting of several adjacent provinces or centrally-administered cities which are associated with several river basins or have similarities in terms of natural, socio-economic, historic, cultural, demographic, and infrastructure conditions as well as interactive relationships based on long-term and firm connections.

7.  Regional plan means a plan concretizing the national comprehensive plan in a region in aspects of space for socio-economic, national defense, security activities, urban systems and residential distribution in rural areas, inter-provincial region development, infrastructures, water resources from river basins, natural resource use, as well as environmental protection on the basis of cross-provincial connection.

8.  Provincial plan means a plan concretizing the national comprehensive plan and regional plan at provincial level in aspects of space for socio-economic, national defense, security activities, urban systems and residential distribution in rural areas, infrastructures, land allocation, natural resource use, as well as environmental protection on the basis of connecting national level plans, regional plans, urban plans, and rural plans.

9.    Technical and specialized plan means a plan concretizing the national comprehensive plan, regional plan and provincial plan. Such plans are specified in Annex 2 of this Law.

10.   Plan integration is a planning process that is based on an integrated approach and concerted coordination among sectors and fields relating to infrastructure, natural resource use and environmental protection within a defined territory in order to achieve development objectives in a balanced, harmonized, effective, and sustainable manner.

11.  Planning means the process of formulation, appraisal, making decision or giving approval, publication, implementation, evaluation, and amendment of plans.

12.   Plan formulation agency is an agency or organization assigned by the Government, Prime Minister, ministries and ministerial-level agencies and provincial people’s committee(s) to take responsibility for plan formulation in the national planning system.

13.  Planning database system is a set of basic information on planning which is developed, updated and maintained to serve management, searching for, and use of information via electronic means.

14.   Planning diagrams  and  maps  are  drawings demonstrating  contents  of

plans.

Article 4. Fundamental principles in planning

1.  To comply with the provisions of this Law and of other relevant laws and international treaties of which the Socialist Republic of Vietnam is a member.

2.    To ensure the consistency and conformity between plans and socio- economic development strategies and schemes; the consolidation between sectoral management and territorial management; national defense, security; environmental protection.

3.   To ensure the compliance, continuity, improvement, stability and hierarchy in the national planning system.

4.   To ensure the “for people” characteristic, the participation of agencies, organizations, communities and individuals; harmonization of interests of the nation, regions, localities and the people, of which the national interests are placed at the highest level; to ensure the principles of gender equality.

5.     To ensure the scientific soundness and application of advanced technologies, the connectivity, the forecasting ability, the feasibility, and the effective and thrifty use of the country’s natural resources; the objectivity, publicity, transparency and conservation.

6.  To ensure the independence between the Plan formulation agency and Plan appraisal council.

7.  To ensure sufficient resources for plan implementation.

8.  To ensure unified State administration on planning, rational decentralization of State administration among State administration agencies for planning.

Article 5. The national planning system

1.  National level plans.

National level plans consist of the national comprehensive plan; national marine spatial plan; national land use plan; national sectoral plans.

2.  Regional plans.

3.  Provincial plans.

4.  Special administrative-economic unit plans.

Special administrative-economic unit plans are stipulated by the National Assembly.

5.  Urban plans, rural plans.

Article 6. Relation among plan categories

1.  The national comprehensive plan serves as the basis for the formulation of the national marine spatial plan, national land use plan, national sectoral plans, regional plans, provincial plans, special administrative-economic unit plans, urban plans, and rural plans of the whole country.

2.   National sectoral plans are in line with the national comprehensive plan, national marine spatial plan, and national land use plan.

In case there is a conflict between a national sectoral plan and the national marine spatial plan, the national land use plan or (an)other national sectoral plan(s), amendment of the former is mandatory in line with the latter.

3.   Regional plans must be in line with national level plans; provincial plans must be in line with regional plans, national level plans.

In case there is a conflict between a regional plan, provincial plan and national sectoral plans, amendment of the former is mandatory in line with the latter and the national comprehensive plan.

In case there is a conflict among regional plans or among provincial plans, amendment of the former is mandatory in line with higher level plans; in case there is a conflict between a provincial plan and regional plan, amendment of the former is mandatory in line with the latter and national level plans.

4.   Urban plans  and rural plans must be in line with national level plans, regional plans and provincial plans.

Article 7. Order of activities when planning

1.  Plan formulation:

a)  Formulation, appraisal and approval of the planning task;

b)  Organization of plan formulation.

2.  Plan appraisal.

3.  Deciding on or giving approval to a plan.

4.  Plan publication.

5.  Plan implementation.

Article 8. Planning period

1.  Planning period is a defined period of time, serving as a basis for forecast and calculation of socio-economic targets which informs the plan formulation.

2.   Planning period of plans under the national planning system is 10 years, with a vision to 30-50 years for national level plans and to 20-30 years for regional and provincial plans.

Article 9. Funding for planning

1.   Costs incurred for formulation, appraisal, decision or approval, publication and amendment of a plan are covered by the State budget for public investment in accordance with regulations on public investment.

2.  Costs incurred for evaluation of a plan are covered by the State budget for recurrent expenditures in accordance with the regulations on the State budget.

Article 10. State policies for planning

1.  The State manages the national socio-economic development and ensures the national defense, security and environmental protection based on the approved or decided plans.

2.  The State promulgates mechanisms and policies to encourage and mobilize resources for promoting sustainable development in association with environmental protection and response to climate change based on the approved or decided plans.

3.  The State promulgates mechanisms and policies to encourage domestic and foreign organizations and individuals to support and provide resources to planning, to ensure objectivity, publicity and transparency thereof.

4.   The State encourages and provides favorable conditions for organizations and individuals from all economic sectors to participate in planning.

5.  The State promulgates mechanisms and policies to strengthen international cooperation in planning.

Article 11. International cooperation in planning

1.    International cooperation during planning aims to ensure that planning meets requirements for international integration and that basic principles in planning specified in Article 4 of this Law are ensured.

2.   Key international cooperation related activities during the planning work include experience sharing, application of new sciences and technologies, training, and mobilization of human resources for planning.

3.                  International cooperation during planning must be in line with the Vietnam's foreign  relation  related  policies;  ensure  the  principles  of  peace,  cooperation, friendship,  and  mutual  development  on  the  basis  of  respect  for  independence, sovereignty,  and  territorial  integrity,  mutual  benefits  and  Vietnamese  laws  and relevant international treaties of which the Socialist Republic of Vietnam is a member.

Article 12. Rights and responsibilities of agencies, organizations, communities and individuals in consultation on and monitoring of planning

1.  Agencies, organizations, communities have the right to be consulted with and participate in monitoring of planning; individuals have the right to be consulted with on planning.

2.   Agencies, organizations and individuals who are consulted with on a certain plan assume the responsibility to provide their consultative opinions thereon within a given timeline.

3.  Agencies in charge of organization for formulation, appraisal of plans, making decision or giving approval to plans, implementation and amendment thereof must create favorable conditions for agencies, organizations, and communities so that they are consulted with on planning and can participate in monitoring of planning and for individuals so that they are consulted with on planning

4.    The consultative opinions of agencies, organizations, communities and individuals on planning must be considered, taken up, and justified upon in a public and transparent manner in accordance with regulations and legislation.

Article 13. Prohibited acts in planning

1.  To formulate, appraise, decide or give approval to, or amend plans in a way which is not in line with provisions prescribed in this Law and in other relevant legislation.

2.    To formulate, appraise, decide or give approval to, amend plans on investment in and development of specific goods and services, determination of volumes  and  quantity  of  certain  goods  and/or  services  that  are  allowed  to  be produced and consumed.

3.    To select planning consultancy organizations, and independent critical consultant(s) whose professional qualifications are irrelevant to the undertakings or the selection goes counter to legal regulations.

4.   To hinder the consultation with agencies, organizations, communities, and individuals on plans.

5.  To make no, delayed, or incomplete publication of plans, to refuse to provide information related to plans, except for the information classified as State secrets; to deliberately make false publication of plans; to deliberately provide false information of plans; to destroy or falsify planning dossiers and relevant documents.

6.  To implement incorrectly the decided or approved plans.

7.  To illegally intervene, hinder the implementation of planning.

Chapter II. PLAN FORMULATION

Part 1. ORGANIZATION FOR PLAN FORMULATION

Article 14. The authority in organization for plan formulation

1.   The Government organizes the formulation of the national comprehensive plan, national marine spatial plan, and national land use plan.

2.  The Prime Minister organizes the formulation of regional plans.

3.  Ministries and ministerial-level agencies organize the formulation of national sectoral plans.

4.  People’s provincial committees organize the formulation of provincial plans.

Article 15. Planning task

1.  The planning task includes the following major contents:

a)  Basis of plan formulation;

b)  Requirements concerning plan contents and methodologies;

c)  Costs incurred for plan formulation;

d)  Duration of plan formulation;

dd) Responsibilities of concerned agencies in organization for plan formulation.

2.  Authority in organizing appraisal and giving approval on the planning task:

a)  The Government organizes the appraisal and approval to the planning task as for the national comprehensive plan, national marine spatial plan and national land use plan;

b)   The Prime Minister organizes the appraisal and approval to the planning task as for national sectoral plans, regional plans, and provincial plans.

3.  The Government shall specify detailed provisions for this Article.

Article 16. Plan formulation process

1.    The formulation process of the national comprehensive plan, national marine spatial plan, and national land use plan is implemented via the following steps:

a)  The Plan formulation agency takes lead and works with relevant ministries, ministerial-level agencies, and provincial authorities in preparing the planning task which will be submitted to the Government for approval;

b)    The Plan formulation agency selects (a) plan formulation consultancy organization(s); takes lead, in coordination with relevant ministries, ministerial-level agencies and localities, to conduct studies and formulate the plan; to conduct analyses, assessments and forecasts on development related factors, conditions, resources and circumstances, to carry out national socio-economic status-quo assessments; to propose directive viewpoints, objectives, as well as orientations for prioritizing development activities as the basis for the plan formulation;

c)   The relevant ministries, ministerial-level agencies, and localities select (a) consultancy organization(s) to develop their assigned parts in the plan and organize the appraisal of such parts before sending them to the Plan formulation agency;

d)    The Plan formulation agency takes lead, in coordination with relevant ministries, and ministerial-level agencies to consider and handle cross-sectoral, inter- regional, and inter-provincial issues in order to ensure the integration, conformity, and effectiveness of the plan; to propose amendments to planning parts that are prepared by relevant ministries and ministerial-level agencies and provincial authorities;

dd) The ministries and ministerial-level agencies amends and complete their assigned parts in the plan and send them to the Plan formulation agency;

e)  The Plan formulation agency finalizes and circulates the plan for comments in accordance with Article 19 of this Law;

g)  The Plan formulation agency takes up, justifies comments on the plan, and finalizes plans accordingly before submitting it to the Plan appraisal council;

h)  The Plan formulation agency finalizes the plan according to the conclusions of the Plan appraisal council before submitting it to the Government for consideration and submission to the National Assembly for approval.

2.   The formulation process of a national sectoral plan is conducted via the following steps:

a)    The Plan formulation agency takes lead, in coordination with relevant ministries and ministerial-level agencies, in preparing the planning task to submit to the Prime Minister for approval;

b)    The Plan formulation agency takes lead, in coordination with relevant ministries and ministerial-level agencies, in elaborating the planning task before circulating it for comments in accordance with Article 19 of this Law;

c)  The Plan formulation agency takes up, justifies comments, and finalizes the plan accordingly before submitting it to the Plan appraisal council;

d)   The Plan formulation agency finalizes the plan in compliance with the conclusions of the Plan appraisal council before submitting it to the Prime Minister for approval.

steps:

3.   The formulation process of a regional plan is conducted via the following


a)    The Plan formulation agency takes lead, in coordination with relevant ministries and ministerial-level agencies, and provincial authorities, to elaborate the planning task before submitting it to the Prime Minister for approval;

b)    The Plan formulation agency selects (a) plan formulation consultancy organization(s); takes lead, in coordination with relevant ministries, ministerial-level agencies, and provincial authorities, to make consideration, and formulate plans; to conduct analyses, assessments, and forecasts on development related factors, conditions, resources and circumstances, to carry out regional socio-economic status-quo assessments; to propose directive viewpoints, objectives as well as orientations for prioritizing development activities as the basis for plan formulation;

c)   Relevant ministries, ministerial-level agencies, and provincial authorities select (a) consultancy organization(s) to develop their assigned parts of the plan, organize the appraisal of such parts before sending them to the Plan formulation agency;

d)                   The Plan formulation agency takes lead, in coordination with relevant ministries, ministerial-level agencies, and provincial authorities to consider and handle inter-regional and inter-provincial issues in order to ensure the integration, conformity, and effectiveness of the plan; to propose amendments to parts of the plan prepared  by  the  assigned  ministries,  ministerial-level  agencies,  and  provincial authorities;

dd) Ministries, ministerial-level agencies, and provincial authorities amends and finalizes their assigned parts in the plan before sending them to the Plan formulation agency;

e)  The Plan formulation agency finalizes and circulates the plan for comments in accordance with Article 19 of this Law;

g)   The Plan formulation agency takes up, justifies comments, report, and finalizes the plan accordingly before submitting it to the Plan appraisal council;

h)  The Plan formulation agency finalizes the plan according to the conclusion of the Plan appraisal council before submitting it to the Prime Minister for approval.

steps:

4.  The formulation process of a provincial plan is conducted via the following

a)    The Plan formulation agency takes lead, in coordination with relevant agencies, organizations, and district people’s committees to elaborate the planning task before submitting it to the provincial people committee for its consideration and submission to the Prime Minister for approval;

b)    The Plan formulation agency selects (a) plan formulation consultancy organization(s); takes lead, in coordination and consultation with relevant organizations, agencies, and district people’s committees, to conduct studies and formulate plans; to conduct analyses, assessments and forecasts on development related factors, conditions, resources and circumstances; to carry out provincial socio-economic status quo assessments; to propose directive viewpoints, objectives, and orientations for prioritizing development activities as a basis for plan formulation;

c)   Concerned agencies, organizations, district people’s committees propose contents related to fields under their management to be included in plans and send them to the Plan formulation agency;

d)    The Plan formulation agency takes lead, in coordination with relevant agencies, organizations and district people’s committees to consider and handle cross-sectoral and inter-district issues so as to ensure the integration, conformity, and effectiveness of plans; to propose amendments to the planning parts developed by such agencies, organizations and district people’s committees;

dd) Concerned agencies, organizations, district people’s committees amend and finalize their assigned parts of the plan before sending them to the Plan formulation agency;

e)   The Plan formulation agency finalizes the plan before circulating it for comments in accordance with Article 19 in this Law;

g)  The Plan formulation agency takes up, justifies comments and finalizes the plan accordingly before submitting it to the Plan appraisal council;

h)  The Plan formulation agency finalizes the plan according to the conclusion of the Plan appraisal council before submitting it to the provincial people's committee in charge;

i)  The provincial people’s committee in charge submits the provincial plan to the provincial people’s council in charge for consideration and giving approval to the plan and submission to the Prime Minister for approval.

Article 17. Plan formulation consultancy organizations

1.    Plan formulation agencies, ministries, ministerial level agencies, and provincial authorities who are tasked with plan formulation shall select (a) plan formulation consultancy organization(s) in accordance with the legislation on bidding.

2.   The plan formulation consultancy organization(s) must have a legal entity and qualified professional competencies relevant to the undertakings in accordance with the Government’s regulations.

Article 18. Strategic environmental assessment when planning

1.   The Plan formulation agency assumes the responsibility for organizing the formulation of the Strategic environmental assessment report in accordance with environmental protection legislation and regulations.

2.     The Strategic environmental assessment report of a plan must be formulated and appraised in parallel with the formulation and appraisal process of such plan.

3.   Contents of the Strategic environmental assessment report of a plan are governed by the legislation on environmental protection.

Article 19. Consultation on plans

1.  The Plan formulation agency assumes the responsibility for consulting with relevant ministries, ministerial-level agencies, people’s committees of all levels of the concerned locality, and other concerned agencies, organizations, communities, and individuals on the plan. As for regional and provincial plans, the Plan formulation agency consults also with people’s committees of the neighboring localities on the plan

2.  The consultation with concerned agencies, organizations, and individuals on the plan is conducted through circulation of planning dossiers, documents, and posting on official websites of the plan formulation agency. The agencies and organizations who are consulted with assume the responsibility for commenting on the plan in writing.

3.   The consultation with local communities on the plan is implemented in the form of online posts on the official websites of the Plan formulation agency where the plan is posted, notices posted in public areas, survey questionnaires, organized conferences, workshops, and other forms prescribed by relevant legislation on practice of democracy at communal, ward, township level.

4.   Collected opinions on the plan must be considered, taken up, justified before the appraisal, making decision on, or giving approval to the plan. The Plan formulation agency assumes the responsibility for publication and disclosure of comments and reporting thereon.

5.   The Government shall stipulate detailed regulations on consultation as for each plan category.

Part 2 CONTENTS OF PLANS

Article 20. Basis for plan formulation

1.  Socio-economic development strategies, sectoral development strategies of the same development period.

2.  Higher-level plans.

3.  Plans of the previous period(s).

Article 21. Requirements on plan contents

1.   To ensure the planning and development requirements across the whole country’s territory, towards the objectives of the Sustainable Development Goals in association with environment protection, natural disaster prevention and response to climate  change;  proper  and  effective  allocation,  exploitation  and  use  of  natural resources and conservation of historical-cultural relics, cultural heritages, and natural heritages for present and future generations.

2.   The spatial development distribution during the plan formulation process must ensure a consistency between infrastructures, land allocation, environment protection, and ecosystem services.

3.   To ensure the linkage, synchronicity and systemization among different sectors and regions in the whole country and among localities within a region, to explore and use in an optimized way existing infrastructure, maximize potentials and advantages of each region and locality together with ensuring improved social equity and social security as well as national defense and security.

4.    To ensure the balance among economic, social, national defense and security and environmental protection factors in the plan formulation process.

5.   To minimize the negative impacts as a result of economic, social and environmental activities on community livelihoods, the elderly, people with disabilities, people from ethnic minority groups, women, and children. The plan formulation process must be combined with other policies to promote the development of the disadvantaged and specially disadvantaged areas and to ensure sustainable livelihoods for people therein.

6.   To ensure the harmony of interests of the State and communities and different regions and localities.

7.   To ensure the right of being consulted with of agencies, organizations, communities, and individuals during the plan formulation process.

8.  To ensure the scientific soundness and application of modern technologies in the plan formulation process; the satisfaction to standards, criteria and techniques and to the country’s requirements in development and international integration.

9.   Contents of each plan category must be consistent with each other and cohere together and demonstrated in planning reports and in systems of planning related diagrams, maps and databases.

Article 22. Contents of the national comprehensive plan

1.  Contents of national comprehensive plan: define the spatial distribution and organization for development of socio-economic, national defense, and security and environmental protection activities of national, international, and cross-regional importance that are strategic to the whole territory, including mainland, islands, archipelagoes, sea and airspace.

2.  The national comprehensive plan must include the following key contents:

a)  Analysis and assessment of the country’s natural conditions, current socio- economic development status, national and international development trends, significant policies and direction for development, relevant plans and resources for development, development trends of science, technology; national security and military zones; natural protected areas; areas in need of preservation, renovation and restoration of historical-cultural relics, tourist attractions which have been inventoried as relics; areas restricted to exploitation, use, and areas for development promotion in accordance with relevant legislation;

b)  Determination of development viewpoints and objectives;

c)  Forecast on development trends and scenarios;

d)  Orientations of spatial organization of socio-economic development; đ) Orientations of marine spatial development;

e)  Orientations for national land use;

g)  Orientations for airspace exploitation and use;

h)  Orientations for regional zoning and linkage;

i)  Orientations for national urban and rural system development;

k)  Orientations for nationally-significant social-infrastructure sector;

l)  Orientations for nationally-significant technical-infrastructure sector;

m)    Orientations for natural resource use, environmental protection, natural disaster prevention, and response to climate change;

n)  List of nationally significant projects in prioritizing order for implementation;

o)  Solutions, resources for the plan implementation.

3.    The Government shall stipulate detailed provisions on contents of the national comprehensive plan stipulated in clause 2 of this Article and on integration of plans into the national comprehensive plan.

The formulation, appraisal, approval and amendment of plans in sectoral technical and specialized aspects in order to implement provisions specified in clause 2 of this Article shall comply with relevant legislation.

Article 23. Contents of the national marine spatial plan

1.   The national  marine spatial plan defines the functional zoning and the spatial arrangement and distribution and organization of sectors and regions in coastal areas, islands, archipelagoes, sea waters, and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam.

2.  The national marine spatial plan includes the following key contents:

a)   Analysis and assessment on natural conditions, resources, contexts with direct impacts and existing spatial use patterns of all the activities in the coastal areas, islands, archipelagoes, sea waters and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam;

b)    Determination of exploitation prohibited areas, conditional exploitation areas, development-promoted areas, areas needing special protection for national defense and security, environmental protection and ecosystem conservation in the coastal areas, islands, archipelagoes, sea waters, and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam;

c)   Forecast on changes in natural resources and environment, impacts of climate change on natural resources and environment; demands for exploitation and use of natural resources, and requirements for environmental protection in the coastal areas, islands, archipelagoes, sea waters and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam in the planning period;

d)   Forecast of future development prospects and scenarios; assessment on opportunities and challenges for the activities that use the sea area;

dd) Determination of development viewpoints and objectives;

e)  Orientations for spatial organization of all the activities in the coastal areas, islands, archipelagoes, sea waters and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam;

g)  Functional zoning for the coastal areas, islands, archipelagoes, sea waters and airspace under sovereignty, sovereign rights, and national jurisdiction of Vietnam;

h)  Solutions, resources for plan implementation;

i)  List of nationally significant projects in prioritizing order for implementation.

3.    The Government shall stipulate in detail provisions on contents of the national marine spatial plan stipulated in clause 2 of this Article and on the integration of plans into the national marine spatial plan.

The formulation, appraisal, approval and amendment of plans in sectoral technical and specialized aspects in order to implement provisions specified in Clause 2 of this Article shall comply with provisions of relevant legislation.

Article 24. Contents of the national land use plan

1.                  The national land use plan defines the spatial distribution and organization of land use for objectives on socio-economic development, national defense and security, environmental protection, natural disaster prevention, and response to climate change based on land potentials and land use demand of inter-regional and inter-provincial sectors and fields.

2.            The national land use plan should include the following key contents:

a)  Analysis and assessment of factors, natural conditions, resources, contexts that directly affect land use, and current status of land use by sectors, fields;

b)  Forecast on changes in land use;

c)  Determination of viewpoints and objectives in land use in the new period;

d)  Orientations of spatial distribution and targets for agricultural and forest land

use;

dd) Orientations for spatial distribution and targets for non-agricultural land

 use;

e)  Identification of unused land space;

g) Solutions, resources for the plan implementation.

3.            The Government shall stipulate in detail provisions on the national land use

plan mentioned in clause 2 of this Article.

Article 25. Contents of national sectoral plans

1.  National sectoral plans define development orientations, spatial distribution, and organization of resources for inter-regional and inter-provincial sectors.

2.  The list of national sectoral plans is specified in Annex 1 of this Law.

Based on socio-economic conditions and requirements of State administration in each period, the Government reviews the list of national sectoral plans  and submits it to the National Assembly Standing Committee for consideration and decision of amendment.

3.   The national sectoral plan for the infrastructure sector must include the following key contents:

a)   Analysis and assessment on natural conditions, factors, resources, contexts and existing spatial distribution and use patterns of the national infrastructure sector;

b)  Forecast on development trends and scenarios that have direct impacts on the national infrastructure in the planning period;

c)  Assessment on inter-sectoral and inter-regional linkages; identification of socio- economic development requirements of the sector; the opportunities and challenges to the development of the national infrastructure sector;

d)    Determination of development viewpoints and objectives of the national infrastructure sector;

đ) The scheme for infrastructure sector development in the whole country and territorial regions;

e)    Orientations for land use organization for development of the national infrastructure sector, and activities related to environment protection, response to climate change and conservation of ecology, landscapes and nationally ranked heritage sites;

g)   List of nationally significant projects and prioritized projects of the national infrastructure sector and their priority order for implementation;

h)  Solutions, resources for the plan implementation.

4.  The national sectoral plan for the natural resource use sector must include the following key contents:

a)   Analysis and assessment on natural conditions, survey, investigation, and exploration of current status of natural resource exploitation and use;

b)  Impact assessment of natural resource exploitation and use;

c)      Analysis and assessment of major policies and socio-economic development orientations related to exploitation and use of natural resources and environment protection of the country and related plans;

d)    Forecast impacts on the protection, exploitation and use of natural resources in the planning period of advances in science and technology as well as socio-economic development;

đ) Viewpoints and objectives for national resources exploitation and use for socio-economic development;

e)    Designation of areas prohibited from exploitation and use, areas for conditional exploitation; areas promoted for exploitation and use of natural resources;

g)  Orientations of environmental protection, disaster prevention, and response to climate change;

h)  Solutions, resources for the plan implementation.

5.   The national sectoral plan for the environmental protection sector must include the following key contents:

a)  Assessment of the current status and trends of environmental quality, natural landscapes and biodiversity; of the current status and trends of waste generation; impacts of climate change; and of environmental management and protection;

b)  Viewpoints, objectives, tasks, solutions for environmental protection;

c)  Environmental zoning; natural resources and biodiversity conservation; waste management; environmental monitoring and warning systems;

d)  List of nationally significant projects and prioritized projects for environmental protection and the priority order for implementation;

dd) Solutions and resources for the plan implementation.

6.    The national sectoral plan for the biodiversity conservation sector must include the following contents:

a)   Assessment of the current status and trends of biodiversity as well as of biodiversity conservation management;

b)  Viewpoints, objectives, tasks and solutions for biodiversity conservation;

c)   High biodiversity areas; important ecological landscapes; protected areas; biodiversity corridors; biodiversity conservation facilities;

d)   List of nationally significant projects and prioritized projects for biodiversity conservation and the priority order for implementation;

dd) Solutions and resources for the plan implementation.

7.  The Government shall stipulate in detail provisions on national sectoral plans stipulated in clause 3, 4, 5 and 6 of this Article and on the integration of plans into the national sectoral plans.

The formulation, appraisal, approval, and adjustment of technical and specialized plans in order to implement contents specified in clause 3, 4, 5 and 6 of this Article shall comply with provisions of relevant legislation.

Article 26. Contents of regional plans

1.  Regional plans define orientations for the development, spatial arrangement, and resource distribution for social, economic, national defense, security, and environment protection activities of inter-sectoral, inter-regional and inter-provincial scale.

2.  A regional plan must include the following key contents:

a)   Analysis and assessment on the current status of specific conditions and resources of the given region;

b)  Viewpoints and objectives for development of the given region;

c)   Orientations for development of the given region’s advantageous sectors; the scheme for development, arrangement, selection and distribution of developmental resources in the given region;

d)  Orientations for regional construction, including determination of rural-urban system; economic zones; industrial zones; manufacturing zones; high-tech zones; tourism zones; training and research zones; sports zones; natural protected areas; areas for preservation, renovation and restoration of historical and cultural relics, tourist attractions and those which have been inventoried as relics; intensive production areas;

đ) Orientations for infrastructure development;

e)  Orientation for environmental protection, exploitation and protection of water resources and river basins, natural disasters prevention and response to climate change in the given region’s territory;

g)  List of the projects and priority order for implementation;

h)  Solutions, resources for the plan implementation.

3.  The Government shall stipulate in detailed provisions on contents of regional plans stipulated in clause 2 of this Article and on the integration of plans into regional plans.

The formulation, appraisal, approval and amendment of technical and specialized plans in order to implement the contents specified in clause 2 of this Article shall comply with the provisions of relevant legislation.

Article 27. Contents of provincial plans

1.  Provincial plans reflect national level projects defined in national level plans; regional and inter-provincial projects defined in regional plans; development orientation, spatial arrangement and distribution of resources for socio-economic, national defense, security and environmental protection activities at provincial and inter-district levels and distribution orientations for district-level.

2.  The provincial plan must include the following key contents:

a)  Analysis, assessment and forecast on the specific factors and conditions of a given province; assessment on the province’s current status regarding socio- economic development, land use and urban and rural systems;

b)   Viewpoints, objectives and the selected scheme for development of the given province;

c)  Orientation for development of key sectors in the province; selected scheme for organizations of social-economic activities;

d)  The scheme for the urban system planning, including national and regional level urban systems determined in the related regional plans governing the given province; the scheme for development of other urban areas within the province and provincial level cities, towns and townships; the scheme for development of the system of economic zones; industrial zones, manufacturing zones, high-tech zones; tourism zones, training and research zones; sports zones; protected areas, areas in need of preservation, renovation and restoration of historical-cultural relics, tourist attractions and those inventoried as relics in the province determined in national plans and regional plans; the scheme for development of industrial complexes; the scheme for spatial organization of rural areas, development of intensive agricultural production areas; the scheme for distribution of residential areas; determination of military and security areas; the scheme for development of specially disadvantaged areas and development-driven areas;

dd) The scheme for development of transportation networks, including networks of highways, national roads, and railways; inland waterways and maritime routes; seaports, international and national airports; and inter-provincial road and waterway networks determined in national plans and regional plans governing the province; provincial road networks;

e)  The scheme for development of electricity supply network, including electricity supply works and electricity transmission grid determined in national plans and regional plans covering the province; electricity transmission and distribution grid;

g)   The scheme for development of telecommunications networks, including international, national and inter-provincial telecommunication lines determined in national and regional plans governing the province; the scheme for development of inactive telecommunications technical infrastructure; important telecommunications works related to national security and telecommunications works of the province;

h)   The scheme for development of irrigation and water supply networks, including regional and inter-provincial irrigation and water supply networks determined in national plans and regional plans governing the provincial plan; inter- district water supply and irrigation networks;

i)  The scheme for development of waste treatment zones, including regional and inter-provincial hazardous waste treatment zones determined in national and regional plans governing the given province’s plan; inter-district waste treatment zones;

k)   The scheme for development of social infrastructure, including national, regional, and inter-provincial social-infrastructure projects determined in national and regional  plans  governing  the  given  province’s  plan;  cultural,  sports  and  tourism facilities,  trade  centers,  fairs,  exhibitions,  and  other  social  infrastructure  of  the province;

l)   The scheme of land distribution and delineation into functional zones and land categories, to district administrative level;

m)  The scheme for construction planning of inter-district and district areas;

n)  The scheme for environmental protection, water resources exploitation and protection, natural disaster prevention, and response to climate change in the province;

o)  List of the province’s projects in priority order for implementation;

p)  Solutions, resources for the provincial plan implementation.

3.   The Government shall stipulate in detail provisions on contents of provincial plans in clause 2 of this Article.

The formulation, appraisal, approval and amendment of technical and specialized plans in order to implement the contents specified in Clause 2 of this Article shall comply with provisions of relevant legislation.

Article 28. Contents of urban plans and rural plans

The contents of urban and rural plans and the formulation, appraisal, approval, implementation and amendment thereof shall comply with provisions of urban planning and construction legislation.

The publication and disclosure of urban plans and rural plans shall comply with provisions of this Law, urban planning, and construction legislation.

Chapter III. APPRAISAL, DECISION OR APPROVAL, PUBLICATION AND PROVISION OF PLAN INFORMATION

Part 1. PLAN APPRAISAL

Article 29. Authority in establishment of the Plan appraisal council

1.  The Government’s Prime Minister establishes the Plan appraisal council(s) for appraisal of national and regional plans.

2.   The Ministry of Planning and Investment establishes the Plan appraisal council(s) for appraisal of provincial plans.

Article 30. The Plan appraisal council

1.  Members of the Plan appraisal council for national and regional plans include the council chairperson and members. The council chairperson should be the Prime Minister or the Deputy Prime Minister. Council members include representatives of ministries, ministerial-level agencies, local authorities and other organizations and individuals. The standing body of the appraisal council shall be decided by its chairperson.

2.  The Plan appraisal councils of provincial plans include: the chairperson and its members. The chairperson is the Minister of Planning and Investment and the members consist of representatives of ministries, ministerial-level agencies, and local authorities and other organizations and individuals. The standing body of this Plan appraisal council shall be decided by its Chairperson.

3.  The Plan appraisal council works collectively as a team and is responsible for appraisal of plans based on a given planning task . The standing body of the Plan appraisal council organizes the consultation with experts, social-professional organizations, and other relevant organizations before submitting the plan to the Plan appraisal council.

If necessary, the Plan appraisal council may select (an) independent critical consultant(s). Such consultant(s) must meet requirements regarding professional competence relevant to the undertakings and in line with the relevant legislation and the Government's regulations.

4.  The Government shall stipulate in detail this Article.

Article 31. Dossier to be submitted for plan appraisal

1.  The dossier submitted for plan appraisal includes as follows:

a)  Request for plan appraisal;

b)  Report on the plan;

c)  Draft decision or approval document of the plan;

d)  Aggregated report of opinions of agencies, organizations, communities and individuals regarding the plan report; copies of comments of related ministries, ministerial level agencies, and concerned localities; report on justification of comment up-taking;

dd) Strategic environmental assessment report;

e)  The system of planning maps, diagrams and database.

2.   The Plan appraisal council only performs the appraisal when the dossier is submitted in full in accordance with the regulations in clause 1 of this Article. If necessary, the Council reserves the right to request the Plan formulation agency to provide further information and clarifications. 

Law;


Article 32: Contents of plan appraisal

The plan appraisal focuses on the following issues:

1.  Compliance with the approved planning task ;

2.  Compliance with the plan formulation process stipulated in Article 16 of this

 3.    Integration  of  planning  contents  prepared  by  the  assigned  ministries,

ministerial-level agencies, and localities;

4.  Compliance with provisions stipulated in Part 2, Chapter II of this Law.

Article 33. Plan appraisal report

1.   Plan appraisal report for the national comprehensive plan, national marine spatial plan, and national land use plan must clearly reflect the plan appraisal opinions of the Plan appraisal council on plan appraisal contents as specified in Article 32 of this Law and the conclusions on whether or not the given plan satisfies the conditions for submission by the Prime Minister to the National Assembly for decision.

2.   Appraisal reports on national sectoral plans, regional plans, and provincial plans must clearly reflect the plan appraisal opinions of the Plan Appraisal Councils on plan appraisal contents as specified in Article 32 of this Law and the conclusions on


whether the plans satisfy conditions forsubmission to the Prime Minister for his/her approval.

3.   The appraisal reports for the national comprehensive plan, national marine spatial plan, national land use plan, regional plans, and the documents enclosed therewith must be sent to the Plan formulation agency no later than 15 days from the date of completion of the appraisal. The Plan formulation agency assumes the responsibility to review, respond and take up appraisal opinions in order to finalize the dossier for submission for approval of that plan.

Appraisal reports for national sectoral plans, provincial plans, and the documents enclosed therewith must be sent to the Plan formulation agency no later than 15 days from the date of completion of the appraisal. The Plan formulation agency assumes the responsibility to review, respond, and take up appraisal opinions in order to finalize the dossier to be submitted for approval on the plan(s).

In case the Plan appraisal council concludes that the plan fails to meet requirements for submission for decision or approval, the Plan appraisal council shall return the dossier to the plan submitting agency with explicitly stated reasons thereof.

Part 2. PLAN DECISION OR APPROVAL

Article 34. Authority in plan decision or approval

1.   The National Assembly gives a decision on the national comprehensive plan, national marine spatial plan, national land use plan.

2.  The Prime Minister gives his/her approval to national sectoral plans, regional plans and provincial plans.

For plans of the country’s capital, the Prime Minister gives his/her approval based on the National Assembly’s opinions.

Article 35. The dossier submitted for plan decision or approval

The dossier submitted for plan decision or approval includes as follows:

1.  Request for plan decision or approval;

2.  Plan report;

3.  Draft decision or approval document of the plan;

4.  Aggregated report on opinions of agencies, organizations and individuals on the plan; copies of comments made by related ministries, ministerial level agencies, and localities; justification report of comment up-taking ;

5.  The Strategic environmental assessment report;

6.    The plan appraisal report; copies of comments from experts, social professional organizations, and other related organizations; analysis reports by independent critical consultant(s) (if any);

7.  Justification report of comments up-taking;

8.  The system of planning maps, diagrams and database. 

Article 36. Order and procedures for decision on the national comprehensive plan, national marine spatial plan, and national land use plan.

1.   At least 60 days prior to the opening of the regular National Assembly’s plenum, the Government shall send the dossiers submitted for decision on plan(s) to the National Assembly’s body in charge of plan review.

2.    The reviewing agency may request the Government and concerned agencies, organizations and individuals to report on issues relating to the plan(s). The requested agencies, organizations and individuals shall have to provide full information and documents for the review.

3.  Contents of the review shall include:

a)    The relevance of the planning contents to the Party's policies and guidelines; the constitutionality, legality, and integrity of the planning system; the compatibility with relating international treaties of which the Socialist Republic of Vietnam is a member;

b)  The relevance of the plan(s) to provisions stipulated in Part 2, Chapter II of this Law;

c)  The feasibility of the plan(s) and the required conditions in order to ensure human and financial resources for the plan(s) implementation.

4.  The National Assembly shall consider and pass resolutions on the national comprehensive plan, national marine spatial plan and national land use plan.

Article 37. Content of a plan decision or approval

The plan decision or approval include key content stipulated in clause 2 of Article 22, clause 2 of Article 23, clause 2 of Article 24, and clauses 3, 4, 5 and 6 of Article 25, clause 2 of Article 26 and clause 2 of Article 27 of this Law, in corresponding to each plan category.

Part 3. PLAN PUBLICATION AND INFORMATION PROVISION

Article 38. Plan publication

1.   No later than 15 days from the date a decision is made on or approval is given to a plan by (a) competent agency(ies), all the contents of such plan shall be made public, except for the information classified as State secrets in accordance with relevant regulations and legislation.

2.  The plan shall be made public in the form stipulated in Article 40 of this Law.

Article 39. Responsibilities for plan publication

1.  The Ministry of Planning and Investment is responsible for organization the publication of the national comprehensive plan and regional plans.

2.    The Ministry of Natural Resources and Environment is responsible for organizing the publication of the national marine spatial plan and national land use plan.

3.   Ministries and ministerial-level agencies are responsible for organizing the publication of sectoral plans formulated under their authority.

4.     Provincial        People’s     committees       are    responsible         for    organizing      the publication of provincial plans. 

Article 40. Forms of plan publication

1.  Plans must be made public on a regular and continuous basis on the official websites of plan formulation agencies.

2.   In addition to conforming to the provision prescribed in clause 1 of this Article, the plan(s) publication can be made in the following forms:

a)  On mass media;

b)  Displaying of models, system of planning maps, diagrams and database;

c)  Presentation at organized conferences and workshops;

d)  Release of printed publications.

3.  The Government shall stipulate in detail clause 2 of this Article.

Article 41. National planning information and database system

1.  The national planning information and database system shall be established and operated in the whole country to inform planning activities.

The national planning information and database system includes planning dossiers and data on natural resources, economy, society, environment, climate change, and national defense, security which are linked with the standardized and regularly updated national geographic databases.

2.    Responsibility for establishment of national planning information and database system:

a)    The Ministry of Planning and Investment shall take responsibility for development, management and use of the national planning information and database system;

b)  The Ministry of Natural Resources and Environment shall take responsibility for providing standardized and regularly updated geographical database in order to create framework data for the national planning information and database system;

c)     Ministries and ministerial-level agencies shall take responsibility for providing relevant data under their management which will be incorporated into the national planning information and database system;

d)   The Provincial People's Committees shall take responsibility for providing relevant data under their management which will be incorporated into the national planning information and database system.

3.  The Government shall stipulate in detail this Article.

Article 42. Provision of planning information to agencies, organizations and individuals

1.   The information related to decision on and approval of plans must be provided fully, promptly, and accurately to agencies, organizations, and individuals who make requests, except for information related to provisions on protection of the State secrets.

2.  The Ministry of Planning and Investment shall take responsibility for providing information relating to the national, regional and provincial plans.

3.  The Ministry of Natural Resources and Environment shall take responsibility for providing information on the national land use plan and national marine spatial plan.

4.   Ministries and ministerial-level agencies shall take responsibility for providing information relating to plans formulated under their plan authority of formulation.

5.     Provincial  People's  Committees  shall  take  responsibility  for  providing information on provincial plans.

Article 43. Forms of planning information provision

1.  Planning related information is provided in writing or direct communication at the request of the agencies, organizations and individuals.

2.  Planning related information is posted via mass media and official websites according to Article 40 of this Law.

3.  Circulation of planning related publications.

Article 44. Archive of planning dossiers

1.  Planning dossiers include:

a)  Dossiers submitted for plan appraisal as stipulated in Article 31 of this Law;

b)  Dossiers submitted for plan decision or approval as stipulated in Article 35 of this Law;

c)  Plan review report, in the case of the national comprehensive plan, national marine spatial plan and national land use plan;

d)  Plan decision document or approval document; dd) Other documents (if any).

2.  The planning dossier shall be archived in accordance with the legislation on archives.

Chapter IV. PLAN IMPLEMENTATION, EVALUATION AND AMENDMENT

Part 1. PLAN IMPLEMENTATION

Article 45. Plan implementation scheme

1.   Plan implementation schemes are issued after plans have been given a decision or an approval.

2.  A plan implementation scheme includes the following key contents:

a)  Public investment projects;

b)  Non-public investment projects:

c)  Scheme of land use;

d)   Determination and use of resources for implementation of the decided or approved plans.

Article 46. Plan implementation policies and solutions

The plan implementation policies and solutions for plan implementation must be in line with plan implementation schemes and shall include the following key contents:

1. Investment attraction for development based on the decided or approved plans;

2.  Human resources development;

3.  Science technology development;

4.  Ensure social security;

5.  Ensure environmental protection;

6.  Ensure financial resources;

7.  Ensure national defense and security.

Article 47. Resources for plan implementation

1.   Ministries and ministerial-level agencies shall, within their tasks and powers, allocate resources or submit requests for resource allocation to competent agencies for the implementation of the plan(s).

2.  The Ministry of Planning and Investment shall take lead, in coordination with the Ministry of Finance, to submit to competent agencies requests for funding resources allocation for public investment projects in accordance with the legislation on public investment and State budget.

3.   The Ministry of Natural Resources and Environment shall take lead, in coordination with ministries, ministerial-level agencies and Provincial People’s Committees, to submit to competent agencies for promulgation of land use plans and resources allocation for the implementation of national and regional plans.

4.  Provincial People’s Committees shall, under their authority, promulgate land use plans and allocate resources for the implementation of provincial plan or submit requests to competent agencies to do so.

Article 48. Report on plan implementation

1.  All Ministries, ministerial-level agencies, and provincial people's committees assume the responsibility for preparing and submitting plan implementation reports to the Ministry of Planning and Investment no later than October 31st every year so that the planning report to the Government can be synthesized before December 31st every year.

2.   The Government assumes the responsibility for reporting to the National Assembly on planning work every 5 years.

Part 2. PLAN IMPLEMENTATION EVALUATION

Article 49. Responsibilities for plan implementation evaluation

1.  The evaluation of plan implementation shall be carried out on a regular or ad hoc basis, using evaluation criteria stipulated by the Government.

2.  Responsibilities for evaluation of plan implementation:

a)   The Ministry of Planning and Investment assumes the responsibility for evaluating the implementation of national comprehensive plans and regional plans;

b)     The Ministry of Natural Resources and Environment assumes the responsibility for evaluation of the implementation of national marine spatial plan and national land use plan;

c)    Ministries and ministerial-level agencies assume the responsibility for evaluating the implementation of national sectoral plans under their authority;

d)  Provincial People's Committees assume the responsibility for evaluating the implementation of provincial plans.

3.  The agency in charge of the national comprehensive plan, national marine spatial plan and national land use plan implementation evaluation shall submit an evaluation report to the Government. If necessary, the Government reports to the National Assembly thereon.

The agency in charge of national sectoral plans, regional plans and provincial plans implementation evaluation shall submit their evaluation reports to the Prime Minister.

Article 50. Contents of plan implementation evaluation

1.  Synthesis, analysis and assessment on the progress and result of a given plan implementation; the achievements of plan implementation; evaluation on the achievement level in comparison with the decided or approved plans or the achievements of the previous period.

2.   Identification of factors and causes that influence the plan implementation progress and result; proposed measures to improved effectiveness of plan implementation in the current and upcoming planning periods or recommendations on plan amendments (if any).

Part 3. PLAN AMENDMENT

Article 51. Principles in plan amendment

1.   The agency which has the authority in decision-making or giving approval has the authority to decide or approve the amendment thereof.

2.  The Plan formulation agency assumes the responsibility for organization of plan amendment.

3.    The plan amendment must not alter plan objectives except for cases stipulated in clauses 1, 3 and 4 of Article 53 of this Law.

Article 52. Plan review

1.    Plans  must  be  reviewed  every  5  years  in  order  to  be  amended  in accordance with the socio-economic development situation in each period.

2.  The Plan formulation agency assumes the responsibility for organization of plan review.

3.  The results of a plan review must be reported in writing to agencies having the authority in making decision or giving approval on the plan.

Article 53. Bases for plan amendment

Plan amendment shall only be possible in one of the following cases:

1.  An amendment to the objectives of socio-economic development strategies, sectoral development strategies, which subsequently alters the objectives of the plan;

2.  An amendment to relevant higher-level plans which subsequently alters the objectives of the plan or there is a conflict among plans of the same level;

3.   A change(s) in administrative boundaries, which may affect the role and scale of the planning area;

4.   Impacts of natural disasters, climate change or wars that may alter the objectives, orientations and spatial organization set forth in the given plan;

5.   Critical socio-economic fluctuations that may limit the resources necessary for implementation of the given plan;

6.    Advances  in  science  and  technology  that  significantly  alter  the  plan implementation;

7.  National defense and security requirements.

Article 54. Order, procedures and authority of plan amendment

1.   The Government submits to the National Assembly for a decision on a proposal on amendments of the national comprehensive plan, national marine spatial plan, and national land use plan.

Ministries and ministerial-level agencies submits to the Prime Minister for approval to proposals on amendment of national sectoral plans under their authority.

The Ministry of Planning and Investment submits to the Prime Minister for approval to proposals on regional plans amendment.

Provincial people's committees submits to the Prime Minister for approval to proposals on amendment of provincial plans.

2.  The order and procedures for amendment and publication and provision of information on such amendment shall be conducted the same way as for plan formulation, appraisal, decision or approval, publication and information provision prescribed in Chapter II and Chapter III of this Law.

3.   The plan formulation agency(s) assume(s) the responsibility for updating and presenting in plans the respective amendments.

Chapter V. STATE ADMINISTRATION RESPONSIBILITIES OVER PLANS

Article 55. State administration responsibilities over plans by the Government and ministries and ministerial-level agencies

1.   The Government performs unified State administration over plans; issues plans, policies, solutions and allocates resources for the implementation of national comprehensive plan, national marine spatial plan and national land use plan.

2.    The Prime Minister issues plans, policies, and solutions and allocates resources for the implementation of national sectoral plans, regional plans and provincial plans.

3.   The Ministry of Planning and Investment is the focal point assisting the Government in performing the State management over plans and has the following tasks and powers:

a)   To promulgate within its competence or submit to the Government for promulgation of legal normative documents on planning;

b)   To submit to competent State agencies for issuance of plans, policies, solutions and allocation of resources for implementation of national comprehensive plans and regional plans;

c)   To propose to the Government the establishment of the Plan appraisal council for national comprehensive plans and regional plans;

d)    To provide guidelines on plan formulation and organization of plan implementation to ministries, ministerial-level agencies, and provincial people’s committee;

dd) To issue norms applicable to planning work;

e)   To take lead, in coordination with concerned agencies, organizations in implementation of planning related international cooperation activities;

g)   To take lead, coordinate the organization, management of training, capacity development for human resources, research, science and technology application in planning activities;

h)  To collaborate with concerned agencies and organizations in dissemination and education on planning legislation.

4.  Ministries, ministerial-level agencies, within their tasks and powers, assume the responsibility for coordinating with the Ministry of Planning and Investment in performing the State administration over plans and have the following tasks and powers:

a)  To submit to the Prime Minister for issuance of plans, policies, solutions and to prepare allocation of resources for the implementation of national sectoral plans; for the establishment of the Plan appraisal councils for national sectoral plans;

b)   To organize the implementation of the national sectoral plans and of the planning contents in the national comprehensive plans, national marine spatial plan, national land use plan, regional plans, under their authority;

c)  To supervise and inspect, to settle complaints and arraignments and handle violations regarding planning;

d)      To commend agencies, organizations and individuals for their achievements in planning work.

5.   Aside from the tasks and powers stipulated in clause 4 of this Article, Ministry of Natural Resources and Environment has the following tasks and powers:

a)  To take lead, in coordination with other ministries, ministerial-level agencies and Provincial People’s Committees, to submit to the Government for issuance of the land use scheme for implementation of national and regional plans;

b)  To submit to the Government for issuance of policies, solutions, plans and resource allocation scheme for plan implementation including for the national marine spatial plan and national land use plan;

c)    To submit to the Government for establishment of the Plan Appraisal Council(s) for the national marine spatial plan, national land use plan, national land use plans for national defense, national land use plans for national security.

6.   Aside from the tasks and powers stipulated in clause 4 of this Article, the Ministry of Finance has the following tasks and powers:

a)  To take lead, in coordination with ministries, ministerial-level agencies and provincial people’s committees, in issuing policies and solutions to ensure financial resources for plan implementation;

b)  To issue regulations on cost norms for planning work.

Article 56. State administration responsibilities over plans by provincial people’s committees

Provincial people’s committees shall, within their tasks and powers, perform the State administration over plans in their localities and have the following tasks and powers:

1.   To promulgate plans, policies, solutions and allocate resources for the implementation of the provincial plans under their competence, or submit to competent agencies to do so;

2.  To organize the implementation of provincial plans;

3.  To collaborate in formulation of relevant national and regional plans;

4.  To organize dissemination and education of legislation on planning;

5.  To supervise, inspect, settle complaints, arraignments and handle violations in planning;

6.      To commend agencies, organizations and individuals for their achievements in planning.

Chapter VI ENFORCEMENT PROVISIONS

Article 57. Amendment to a number of articles in planning related laws

To amend clause 2 of Article 50 of Law on Information and Technology No.67/2006/QH11 as follows:

2. The Ministry of Information and Communication shall publicize lists, and formulate programs on development of key information technological products in

each period in accordance with the strategy for development of the information technology industry.

2.    To  amend,  a  number  of  articles  of  the  Law  on  Organization  of  local governments, No.77/2015/QH13 as follows:

a)  To annul point g, clause 3 of Article 19;

b)  To amend point a, clause 2 of Article 128;

a)  To  be  in  line  with  relevant  plans  approved  or  decided  by  competent authorities;

3.    To  amend  a  number  of  articles  of  the  Law  on  Veterinary  Medicine, No.79/2015/QH13:

a)  To amend point b of clause 1 of Article 5 as follows:

b)  To establish a traceability system to track origin of animals, animal products; to build networks of slaughtering facilities, semi-processing and processing animal products heading to link between the processing industry with livestock areas;

b) To amend point b of clause 1 of Article 9:

b)   To develop regional plans and animal epidemics prevention plans, which are integrated into provincial plans and organize the implementation of such plans; to develop, issue and organize the implementation of animal epidemics prevention schemes and of epidemics surveillance and control programs;

c)  To amend clause 3 and clause 4 of Article 40 as follows:

3.  The Minister of Agriculture and Rural Development issues requirements for establishment of animal quarantine stations at transport hubs nationwide.

4.  Provincial People's Committees shall decide on, based on the provisions of Article 3 of this Article, the establishment and operation of animal and animal product quarantine stations at transport hubs in the provinces.

d)  To amend point b of clause 1 of Article 76:

“b) To direct the establishment of concentrated animal slaughtering network and scheming for developing concentrated animal slaughtering;

đ) To amend, supplement point a of clause 2 of Article 76:

a) To collaborate with related divisions, departments, sectors to implement the establishment of concentrated animal slaughtering facilities;

4.  To amend Article 58 of Law on National Reserve, No.22/2012/QH13: Article 58. Master plan for the national reserve warehouse system

1.  The formulation of a master plan for the national reserve warehouse system shall comply with the principles prescribed in the Law on Planning and ensure the consistency with the national reserve strategies, conformity, locations of production area, and the population density as well as ensure the safety.

2.   The master plan for national reserve warehouse system includes contents shall comply to provisions in the Law on Planning and meets the following requirements:

a)  In line with the objectives and requirements of national reserve;

b)  Ensuring the continuity of the national reserve warehouses system by routes and territorial units;

c)  Ensuring development towards modernization;

d)  In line with the investment capital capacity;

e)  Clear solutions and implementation roadmap.

3.    The formulation, appraisal, approval, publication, implementation and amendment of the master plan for the national reserve warehouses system shall comply with the provisions of the Law on Planning and other relevant legal provisions.

5. To amend Article 8 of Law on Vocational Education, No.74/2014/QH13: “Article 8. Plans of vocational education establishments networks of

1.  The formulation of a vocational education establishments network plan must comply with the principles prescribed by the Law on Planning and ensure the structures in terms of industries, occupations, qualification, and geographical regions; ensure the diversification and synchronization of the vocational education system, linking training with production, business and services; step by step improve the quality of training, serving the cause of industrialization, modernization and international integration.

2.   The plan on the vocational education establishment network shall comply with provisions in the Law on Planning and includes the following contents:

a)   The structure of the vocational education establishment network and the training scale according to the training fields, occupations, training levels and categories of vocational education establishments;

b)    Distribution of vocational education establishments in each region and locality;

c)   Human resources development for teachers and educational managers in the field of vocational training;

d)  Investment in facilities and training equipment.

3.    The formulation, appraisal, approval, publication, implementation and amendment of a plan for vocational education establishment network shall comply with the provisions of the Law on Planning and other relevant legal provisions.

4.    Ministries, ministerial-level agencies and provincial people's committees shall, based on the national plan on vocational education establishment network, formulate and approve their respective vocational education establishment network plans and take responsibility for directing the implementation thereof.

The integration of such plans into national plans shall comply with the Law on Planning.

6. To supplement clause 5 of Article 82 of the Law on Medical Examination and Treatment No. 40/2009/QH12 as follows:

5. The plan the system of medical examination and treatment establishments throughout the country and specialized medical examination and treatment establishments shall be integrated into the national plan of medical establishments; the planning on the system of local medical examination and treatment establishments shall be integrated into the respective provincial planning according to the provisions of Law on Planning.

7.     To amend and supplement a number of articles of the Law on Telecommunications No.41/2009/QH12 as follows:

a)  To amend Point a, Clause 2 of Article 8 as follows:

“a) In line with the socio-economic development strategies, the national plans and the national socio-economic development plans in each period; to abide by Vietnamese laws and treaties of which the Socialist Republic of Vietnam is a member;”;

b)  To amend and supplement clause 3 of Article 8 as follows:

“3. The Ministry of Information and Communications shall formulate the national telecommunications development plan and integrate it into the national information and communication infrastructure plan according to the Law on Planning and other relevant legal provisions.”;

c)  To amend point e, clause 1 of Article 14 as follows:

“dd) To allocate telecommunication resources according to regulations on management of telecommunications resources;”;

d)  To amend and supplement Clause 3 of Article 38 as follows:

“3. Any amendment to a telecommunication license during the validity of a license shall be made at the request of the licensed organization or of the Ministry of Information and  Communications  in  accordance  with  the  regulations  on  telecommunications resource  management,  connectivity,  tariffs,  technical  standards     and          norms  on telecommunications.”;

đ) To amend clause 1 of Article 60 as follows:

“1. The shared use of technical infrastructure for traffic, energy supply, public lighting, water supply, drainage, telecommunications and other  technical infrastructure works shall comply with the principles of effectiveness and cost- efficiency, meeting the requirements of landscapes and environment, in accordance with the plans approved or decided by the competent authorities”.

8.  To amend a number of articles of Law on Thrift Practice and Waste Combat No.44/2013/QH13 as follows:

a)  To amend point d, clause 2 of Article 5 as follows:

“d) Plans approved or decided by competent authorities; socio-economic development plans; sectoral and regional development plans; land use plans; The list of investment projects, investment capital sources; natural resources exploitation schemes and activities;”;

b)  To amend and supplement Article 33 as follows:

“Article 33. Formulation, appraisal and approval of plans, schemes and lists of investment projects

1.   The formulation, appraisal and approval of plan in the national planning system; socio-economic development plan; sectoral, regional, and product development plans; land use plans must be in line with the socio-economic development orientations and strategies and the capability of the economy.

2.   The formulation, appraisal and approval of the list of investment projects must be in line with the plans approved or decided by the competent authorities; socio-economic development plans; sectoral, regional and product development plans; land use plans.”;

c)  To amend clause 1 of Article 34 as follows:

“1. Formulation and appraisal of investment projects must be in line with the plans approved or decided by competent authorities; socio-economic development plans; sectoral, regional and product development plans; land use plans; and the list of investment projects and in accordance with technical standards and norms in construction.”.

9. Plans in the Law on National Defense No.39/2005/QH11, Law on Radio Frequency No.42/2009/QH12, Law on Education No 38/2005/QH11 have been amended and supplemented by the Law on amending a number of articles of the Law on Education No.44/2009/ H12, Law on the Sea of Vietnam No.18/2012/QH13, Law on Natural Disasters Prevention and Control No. 33/2013/QH13, Law on Housing 65/2014/QH13, Law on People’s Public Security Forces No. 73/2014/QH13, Law on Law  on  Marine  Resources  and  Coastal  Resources  No.82/2015/QH13,  ,  Law  on Access to Information No.104/2016/QH13, Law on TourismNo.09/2017/QH14, and the Ordinance on Plant Variety No. 15/2004/PL-UBTVQH11,, the Ordinance on Livestock Breeds No. 16/2004/PL- UBTVQH11, the Ordinance on Population No. 06/2003/PL-UBTVQH11 which has been amended in the Ordinance on amending to Article 10 of the Ordinance on Population No. 08/2008/PL-UBTVQH12 and other legal documents replaced by the plans approved or decided by competent authorities.

Article 58. Implementation effect

1.  This Law takes effect from January 1st, 2019.

2.  The provisions of this Law on formulation, appraisal of national, regional, and provincial plans take effect from March 1st, 2018.

The Government shall ensure funding for the formulation and appraisal of plans stipulated in this clause according to legislation on public investment and State budget.

effect:

Article 59. Transitional provisions

1.  As for plans decided on or approved prior to the date when this Law takes

 a)  National, regional and provincial plans are implemented until the end of their

planning periods; in case the contents of such plans are not in line with the provisions of this Law, amendments according to provisions of this Law are mandatory;

b)   Technical and specialized plans specified in Annex 2 of this Law shall continue to be implemented in line with the relevant legal provisions; in case the contents of such plans are not in line with the higher-level plans decided or approved under the provisions of this Law, plan amendments are mandatory according to those higher level plans;

c)    Implementation of plans that are integrated into national, regional and provincial plans will be continued until such national, regional and provincial plans are decided or approved in accordance with this Law, except for cases specified at point b of this clause;

d)   Validity of plans on investment in development of specific goods, services and products, determination of the volumes and quantities of goods and services produced or consumed which were previously decided or approved will end by December 31st, 2018 at the latest.

2.  National, regional and provincial plans formulated and appraised prior to the effective date of this Law but have not yet been decided or approved, shall be decided or approved in accordance with this Law. 

3.   For projects approved by competent agencies under plans, those projects shall continue to be implemented until the end of the project periods in accordance with the applicable legal provisions.

4.  The Government shall review and issue the lists of plans stipulated in point c and point d of clause 1 of this Article and point 39 of Annex 2 before December 31st, 2018.

5.    The Government shall review and submit the proposal to the National Assembly for amendments to planning-related provisions in laws and codes of law listed in Annex 3 of this Law and other legal normative documents to ensure the consistency thereof with the Law on Planning and such amendments come into effect on January 1st, 2019 at the latest.

APPENDIX 

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