Law On Planning 2017

Law On Planning 2017

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THE NATIONAL ASSEMBLY
——-

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 21/2017/QH14

Hanoi, November 14, 2017

LAW ON PLANNING

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Planning.

Chapter I GENERAL PROVISIONS

Article 1. Scope

This Law provides for formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system; responsibility for state management of planning.

Article 2. Regulated entities

This Law applies to organizations and individuals involved in the formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system and other relevant organizations and individuals.

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

  1. “planning” means the spatial arrangement and distribution of socio-economic, national defense and security activities in combination with infrastructure development, use of natural resources and environmental protection in a defined territory in order to effectively use the resources of country in service of sustainable development for a definite period of time.
  2. “national comprehensive planning” means the national and strategic planning towards zoning and interconnecting regions of a territory, including mainland, islands, archipelagoes, territorial waters and airspace; urban and rural systems; infrastructure; use of natural resources and environmental protection; natural disaster management, climate change resilience, assurance of national defense and security and international integration.
  3. “national marine spatial planning” means the national planning that is aimed at realizing the national comprehensive planning for zoning of various fields and sectors within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam.
  4. “national land use planning” means the national planning that is aimed at realizing the national comprehensive planning for allocation and zoning of land used by fields, sectors and areas on the basis of land potential.
  5. “national sector planning” means the national planning that is aimed at realizing the national comprehensive planning according to sectors on the basis of interconnection of sectors and regions related to infrastructure, use of natural resources, environmental protection and biodiversity conservation.
  6. “region” means a part of a national territory that includes some neighboring provinces and central-affiliated cities adjacent to some river basins or has similarities in natural and socio-economic conditions, history, population and infrastructure, and has an interrelationship that makes a strong connection.
  7. “regional planning” means the planning that is aimed at realizing the national comprehensive planning at regional level in terms of spaces used for socio-economic, national defense and security activities, urban system and rural population distribution, development of inter-provincial regions, infrastructure, water resources of river basins, use of natural resources and environmental protection on the basis of provincial interconnection.
  8. “provincial planning” means the planning that is aimed at realizing the national comprehensive planning and regional planning at provincial level in terms of spaces used for socio-economic, national defense and security activities, urban system and rural population distribution, land allocation, infrastructure, use of natural resources and environmental protection on the basis of interconnection of national, regional, urban and rural planning.
  9. “detailed planning”means the planning that is aimed at realizing national, regional and provincial planning. The detailed planning includes the planning specified in the Appendix 2 of this Law.
  10. “integrated planning”means an approach that integrates fields and sectors related to infrastructure, use of natural resources and environmental protection in a uniform manner upon the formulation of the planning in a define territory in order to achieve the goal of balanced, harmonious, effective and sustainable development.
  11. “planning” includes formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning.
  12. “planning authority”means an authority assigned to formulate planning under the national planning system by the Government, Prime Minister, Ministries, ministerial authorities and People’s Committees of provinces.
  13. “planning database” means a collection of information showing basic contents of the planning which is formulated, updated and maintained to serve management and use of information through electronic means.
  14. “planning diagram or map”means a drawing that shows contents of the planning.

Article 4. Basic principles of planning

  1. Comply with regulations of this Law, other relevant regulations of law and international treaties to which the Socialist Republic of Vietnam is a signatory.
  2. Ensure uniformity between the planning and the socio-economic development strategy and plan, ensure the combination of the sector management and territorial management; ensure national defense and security; protect the environment.
  3. Ensure compliance, continuity, inheritance, stability and hierarchy in the national planning system.
  4. Ensure participation of the people, the public, other organizations and individuals; ensure harmony of national interests, interests of regions and areas and the people with an emphasis on national interests; ensure gender equality.
  5. Ensure scientism, application of modern technology, interconnection, forecast, feasibility, economization and effective use of national resources; ensure objectivity, publicity, transparency and conservation.
  6. Ensure independence between the planning authority and planning appraisal council.
  7. Provide resources to implement planning.
  8. Ensure uniform state management of planning, appropriate assignment and authorization between regulatory authorities.

Article 5. National planning system

  1. National planning.

National planning includes national comprehensive planning, national marine spatial planning, national land use planning and national sector planning.

  1. Regional planning.
  2. Provincial planning.
  3. Special administrative-economic unit planning.

Special administrative-economic unit planning decided by the National Assembly.

  1. Urban planning, rural planning.

Article 6. Relationship between planning types

  1. The national comprehensive planning serves as a basis for formulation of national marine spatial planning, national land use planning, national sector planning, regional planning, provincial planning, special administrative-economic unit planning, urban planning and rural planning nationwide.
  2. The national sector planning shall be conformable to the national comprehensive planning, national marine spatial planning and national land use planning.

In the event that the national sector planning is inconsistent with the national marine spatial planning and national land use planning or national planning is inconsistent with each other, it shall be adjusted and implemented according to the national marine spatial planning, national land use planning and national comprehensive planning.

  1. The regional planning shall be conformable to the national planning; the provincial planning shall be conformable to the regional planning and national planning.

In the event that the regional planning and provincial planning are inconsistent with the national sector planning, they shall be adjusted and implemented according to the national sector planning and national comprehensive planning.

In the event that the regional planning is inconsistent with each other and the provincial planning is inconsistent with each other, they shall be adjusted and implemented according to the planning at a higher level; in the event that the provincial planning is inconsistent with the regional planning, it shall be adjusted and implemented according to the regional planning and national planning.

  1. The urban planning and rural planning shall be conformable to the national planning, regional planning and provincial planning.

Article 7. Procedures for planning

  1. Formulate planning:

a/ Formulate, appraise and approve planning tasks;

b/ Organize formulation of planning.

  1. Appraise planning.
  2. Decide or approve planning.
  3. Announce planning.
  4. Implement planning.

Article 8. Planning period

  1. The planning period is a time limit determined to serve as a basis for forecasting and setting socio-economic targets to serve planning formulation.
  2. The planning under the national planning system covers a period of 10 years. The orientations of the national planning cover a period of 30 – 50 years. The orientations of the regional planning and provincial planning cover a period of 20 – 30 years.

Article 9. Costs of planning

  1. The costs of formulation, appraisal, decision or approval, announcement and adjustment of the planning shall be covered by public investments in accordance with regulations of the Law on Public Investment.
  2. The costs of planning assessment shall be covered by regular funding sources in accordance with regulations of the Law on State Budget.

Article 10. State policies on planning

  1. The State shall manage socio-economic development, ensure national defense and security and protect the environment according to the decided or approved planning.
  2. The State shall introduce policies on encouragement and mobilization of resources to promote sustainable development in association with environmental protection and climate change resilience according to the decided or approved planning.
  3. The State shall introduce policies on encouraging domestic and foreign organizations and individuals to provide resources for planning in an objective, public and transparent manner.
  4. The State shall introduce policies on encouraging and enabling organizations and individuals of all economic sectors to participate in planning.
  5. The State shall introduce policies on promotion of international cooperation in planning.

Article 11. International cooperation in planning

  1. International cooperation in planning is aimed at ensuring that the planning is compliant with international integration requirements and basic principles of planning specified in Article 4 of this Law.
  2. The main international cooperation activities include experience sharing, application of new science and technology, provision of training and mobilization of human resources for planning.
  3. International cooperation in planning shall be conformable to Vietnam’s diplomatic policies; ensure application of the principle of peace, cooperation and friendship on the basis of respect for independence, sovereignty and territorial integrity, mutual benefit, Vietnam’s law and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

Article 12. Rights and responsibilities of the public, other organizations and individuals for offering opinions on and supervising planning

  1. The public and organizations have the right to offer opinions on and supervise planning; individuals have the right to offer opinions on planning.
  2. The enquired organizations and individuals shall respond within the prescribed time limit.
  3. The organization assigned to formulate, appraise, decide or approve, implement and adjust planning shall enable the public and organizations to offer opinions on and supervise planning; enable individuals to offer opinions on planning.
  4. Opinions of the public, other organizations and individualson planning must be considered, responded to and published in accordance with regulations of law.

Article 13. Prohibited acts in planning

  1. Formulating, appraising, deciding or approving, and adjusting planning inconsistent with regulations of this Law and relevant regulations of law.
  2. Formulating, appraising, deciding or approving, and adjusting planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and products that are produced and sold.
  3. Selecting the planning consultancy and independent reviewers that fail to satisfy qualification requirements suitable for their assigned tasks or in contravention of law.
  4. Obstructing the public, other organizations and individualsin offering opinions.
  5. Not announcing, delaying, inadequately announcing planning or refusing to provide information on planning, except for information classified as state secret; deliberately announcing wrong planning; deliberately providing false information on planning; destroying, forging or falsifying documents.
  6. Failure to implement the decided or approved planning.
  7. Illegally interfering in or obstructing planning.

Chapter II PLANNING FORMULATION

SECTION 1. ORGANIZING PLANNING FORMULATION

Article 14. Power to organize planning formulation

  1. The Government shall organize formulation of the national comprehensive planning, national marine spatial planning and national land use planning.
  2. The Prime Minister shall organize formulation of regional planning.
  3. Ministry and ministerial authorities shall organize formulation of national sector planning.
  4. The People’s Committees of provinces shall organize formulation of provincial planning.

Article 15. Planning tasks

  1. Planning tasks include:

a/ Bases for planning formulation;

b/ Requirements for planning contents and planning formulation methods;

c/ Costs of planning formulation;

d/ Time limit for planning formulation;

dd/ Responsibilities of relevant authorities for organization of planning formulation.

  1. The power to organize appraisal and approval for planning tasks:

a/ The Government shall organize appraisal and approval for the tasks in formulation of the national comprehensive planning, national marine spatial planning and national land use planning;

b/ The Prime Minister shall organize appraisal and approval for the tasks in formulation of the national sector planning, regional planning and provincial planning.

  1. The Government shall elaborate this Article.

Article 16. Procedures for planning formulation

  1. Procedures for formulation of the national comprehensive planning, national marine spatial planning and national land use planning:

a/ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Government for approval.

b/ The planning authority shall select a planning consultancy; take charge and cooperate with relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess national socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c/ Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;

d/ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in considering and addressing common, inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to contents of the planning developed by relevant Ministries, ministerial authorities and local governments;

dd/ Relevant Ministries, ministerial authorities and local governments shall adjust and complete parts of the planning and send them to the planning authority;

e/ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g/ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h/ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Prime Minister, who will submit it to the National Assembly.

  1. Procedures for formulation of the national sector planning:

a/ The authority organizing formulation of the planning shall take charge and cooperate with Ministries and ministerial authorities concerned in determining planning tasks and submitting them to the Prime Minister for approval.

b/ The planning authority shall select a planning consultancy; formulate planning and send it for enquiry as prescribed in Article 19 of this Law;

c/ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

d/ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, report it to the Minister, who will submit it to the Prime Minister for approval.

  1. Procedures for formulation of the regional planning:

a/ The planning authority shall take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in determining planning tasks and submitting them to the Prime Minister for approval.

b/ The planning authority shall select a planning consultancy; take charge and cooperate with Relevant Ministries, ministerial authorities and local governments in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess regional socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c/ Relevant Ministries, ministerial authorities and local governments shall select a consultancy to develop the parts of the planning contents and appraise such parts before they are submitted to the planning authority;

d/ The planning authority shall take charge and cooperate with relevant Ministries, ministerial authorities and local governments in considering and addressing inter-regional and inter-provincial issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by relevant Ministries, ministerial authorities and local governments;

dd/ Relevant Ministries, ministerial authorities and local governments shall adjust and complete the parts of the planning and send them to the planning authority;

e/ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g/ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h/ The planning authority shall complete the planning according to the conclusion of the planning appraisal council, which will submit it to the Prime Minister for approval.

  1. Procedures for formulation of the provincial planning:

a/ The planning authority shall take charge and cooperate with relevant authorities, the People’s Committees of districts in determining planning tasks, reporting them to the People’s Committees of provinces, which will submit them to the Prime Minister for approval;

b/ The planning authority shall select a planning consultancy; take charge and cooperate with relevant authorities and the People’s Committees of districts in formulating planning; analyze, assess and forecast factors, conditions, resources, development situation, assess local socio-economic development, propose viewpoints, objectives and prioritized development orientations serving as a basis for planning formulation;

c/ Relevant authorities and the People’s Committees of districts shall propose the contents to be included in the planning under the their management and send them to the planning authority;

d/ The planning authority shall take charge and cooperate with relevant authorities and the People’s Committee of the district in considering and addressing common and inter-district issues to ensure uniformity and effectiveness of the planning; propose adjustments to the contents of the planning developed by authorities and People’s Committees of districts;

dd/ Relevant authorities and People’s Committees of districts shall adjust and complete the parts of the planning and send them to the planning authority;

e/ The planning authority shall complete the planning and send it for enquiry as prescribed in Article 19 of this Law;

g/ The planning authority shall respond to opinions, complete the planning and submit it to the planning appraisal council;

h/ The planning authority shall complete the planning according to the conclusion of the planning appraisal council and submit it to the People’s Committees of provinces;

i/ The People’s Committee of the province shall submit the planning to the People’s Council of the province, which will submit it to the Prime Minister for approval.

Article 17. Planning consultancy

  1. Planning authorities, Ministries, ministerial authorities and local governments shall select planning consultancies in accordance with regulations of the Law on Bidding.
  2. A planning consultancy shall have a legal status and satisfy qualification requirements suitable for its assigned tasks in accordance with regulations of the Government.

Article 18. Strategic environmental assessment during planning formulation

  1. The planning authority shall prepare a strategic environmental assessment report in accordance with regulations of the Law on Environmental Protection.
  2. The strategic environmental assessment report shall be prepared and appraised at the same time the planning is formulated and appraised.
  3. The contents of the strategic environmental assessment report upon planning formulation are specified in the Law on Environmental Protection.

Article 19. Seeking opinions on planning

  1. The planning authority shall seek opinions from Ministries, ministerial authorities, People’s Committees at all levels of relevant local governments, the public, and other organizations and individuals related to planning, except for those related to the national sector planning, their opinions shall be sought by the authority organizing formulation of the planning. For the regional and provincial planning, the planning authority shall seek opinions from the People’s Committees of provinces of adjacent areas.
  2. Opinions of organizations and individuals shall be sought through submission of documents and website of the planning authority. The enquired organizations shall give written responses.
  3. The public’s opinions on the planning shall be sought through website of the planning authority, public places, questionnaires, conferences, workshops and in other forms in accordance with regulations of the law on exercise of democracy in communes, wards and townships.
  4. Opinions must be considered, responded to and reported to a competent authority before the planning is appraised, decided or approved. The planning authority shall make opinions and responses to opinions publicly available.
  5. The Government shall elaborate seeking of opinions on each type of planning.

Section 2. PLANNING CONTENTS

Article 20. Bases for formulating planning

  1. Socio-economic development strategy and field and sector development strategy during the same development period.
  2. Planning at a higher level.
  3. Planning of the previous period.

Article 21. Requirements for contents of the planning

  1. Ensure the fulfillment of requirements for planning and developing entire national territory towards sustainable development in association with environmental protection, natural disaster management and climate change resilience; distribute, extract and use natural resources in a proper and effective manner and preserve historical-cultural relics, cultural heritages and natural heritages for present and future generations.
  2. Regarding the spatial distribution during planning formulation, ensure uniformity between infrastructure, land allocation and environmental protection, ecosystem services.
  3. Ensure connection, uniformity and systematism between sectors and regions nationwide, between areas in the regions and take maximum advantage of the existing infrastructure; fully exploit potentials and advantages of each region and area in association with social progress and equality and assurance of social security and national defense and security.
  4. Maintain a balance between socio-economic factors, national defense and security, and environmental protection during planning formulation.
  5. Secure reduction in negative effects of socio-economic development and environment on the livelihood of the public, elderly people, disabled people, ethnics, women and children. The planning shall be formulated in combination with other policies to promote development in disadvantaged and extremely disadvantaged areas and ensure sustainable livelihood of the people in disadvantaged and extremely disadvantaged areas.
  6. Ensure harmony of interests between the State and the public and between regions and areas.
  7. Protect the public’s and other organizations and individuals’ right to offer their opinions during planning formulation.
  8. Ensure scientism and apply modern technology during planning formulation; meet technical standards and regulations and conform to the country’s needs for development and international integration.
  9. Ensure uniformity and connection in planning contents, which shall be shown in a planning report and system of planning diagrams, maps and database.

Article 22. Contents of the national comprehensive planning

  1. The national comprehensive planning shall specify spatial distribution and arrangement of nationally or internationally important socio-economic, defense, security and environmental protection activities as well as inter-regionally strategic ones in the territory of Vietnam, including mainland, islands, archipelagoes, territorial waters and airspace.
  2. The national comprehensive planning includes the following main parts:

a/ Analysis and assessment of natural conditions, national development, national and international development trend, major development policies and orientations, relevant planning and plans, and resources; scientific and technological development trends; national defense and security areas; nature reserves; areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried; areas where extraction and use are restricted and areas where development is encouraged in accordance with relevant regulations of law.

b/ Viewpoints and objectives for development;

c/ Forecasting of development trends and developmental scenarios;

d/ Orientation for socio-economic space development;

dd/ Orientation for marine space development;

e/ Orientation for national land use;

g/ Orientation for airspace exploitation and use;

h/ Orientation for zoning and regional interconnection;

i/ Orientation for development of national urban and rural system;

k/ Orientation for development of national social infrastructure;

l/ Orientation for development of national technical infrastructure;

m/ Orientation for use of natural resources, environmental protection, natural disaster management and climate change resilience;

n/ List of nationally important projects and their execution in order of priority;

o/ Solutions and resources for planning implementation.

  1. The Government shall elaborate the contents of the national comprehensive planning that are specified in Clause 2 of this Article and provide for integration of planning into the national comprehensive planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 23. Contents of the national marine spatial planning

  1. The national marine spatial planning shall specify zoning and spatial arrangement, distribution and organization of various fields and sectors within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam.
  2. The national marine spatial planning includes the following main contents:

a/ Analysis and assessment of factors, natural conditions, resources, conditions directly affecting and use of spaces for carrying out activities within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

b/ Areas where extraction is prohibited, conditional extraction areas, areas where development is encouraged, areas that need to be provided with special protection for the purposes of national defense, security, environmental protection and preservation of ecosystem within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

c/ Forecasting of trends in fluctuation of natural resources and environment, effects of climate change on natural resources and environment; demand for extraction and use of natural resources and requirements for protection of environment within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam during the planning period;

d/ Forecasting of developmental context and scenarios; assessment of opportunities and challenges to activities requiring marine space;

dd/ Viewpoints and objectives for development;

e/ Orientation for provision and use of spaces for carrying out activities within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

g/ Zoning of land within coastal areas, islands, archipelagoes, territorial waters and airspace that belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;

h/ Solutions and resources for planning implementation;

i/ List of nationally important projects and their execution in order of priority;

  1. The Government shall elaborate the contents of the national marine spatial planning that are specified in Clause 2 of this Article and provide for integration of planning into the national marine spatial planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 24. Contents of the national land use planning

  1. The national land use planning shall specify distribution and organization of spaces used for the purposes of socio-economic development, national defense and security assurance, environmental protection, natural disaster management and climate change resilience according to land potentials and demand for land use by inter-regional and inter-provincial fields and sectors.
  2. The national land use planning includes the following main parts:

a/ Analysis and assessment of factors, natural conditions, resources, conditions directly affecting and use of land by fields and sectors.

b/ Forecasting of trends in fluctuation of land use;

c/ Viewpoints and objectives for land use during the new period;

d/ Orientation for distribution of spaces and quotas for use of farming land and forest land;

dd/ Orientation for distribution of spaces and quotas for use of non-farming land;

e/ Unused land space;

g/ Solutions and resources for planning implementation.

  1. The Government shall elaborate the contents of the national land use planning that are specified in Clause 2 of this Article.

Article 25. Contents of the national sector planning

  1. The national sector planning shall specify orientations for development, distribution and organization of spaces and resources used for common, inter-regional and inter-provincial sectors.
  2. A list of national sector planning is specified in the Appendix 1 of this Law.

According to socio-economic conditions and state management requirements during each period, the Government shall review the list of national sector planning and submit it to the Standing Committee of National Assembly.

  1. The national infrastructure planning includes the following main parts:

a/ Analysis and assessment of factors, natural conditions, resources, provision and use of spaces by national infrastructure sectors;

b/ Forecasting of development trends and development scenarios directly affecting national infrastructure during the planning period;

c/ Common and inter-regional assessment; socio-economic development requirements applied to sectors; opportunities and challenges to the development of national infrastructure sectors;

d/ Viewpoints and objectives for development of national infrastructure sectors;

dd/ Plans for development of infrastructure sectors nationwide and in territories;

e/ Orientation for provision of land used for development of national infrastructure sectors, environmental protection, climate change resilience and preservation of ecology, landscapes and relics that have been nationally ranked;

g/ List of nationally important projects, prioritized projects on national infrastructure sectors and their execution in order of priority;

h/ Solutions and resources for planning implementation.

  1. The national natural resource use planning includes the following main contents:

a/ Analysis and assessment of natural conditions, investigation and survey of extraction and use of natural resources;

b/ Assessment of effects of extraction and use of natural resources;

c/ Analysis and assessment of socio-economic development policies and orientations related to extraction and use of natural resources, national environmental protection and relevant planning;

d/ Forecasting of science and technology advances and socio-economic development that affects protection, extraction and use of natural resources during the planning period;

dd/ Viewpoints and objectives for extraction and use of natural resources in service of socio-economic development;

e/ Areas where extraction and use of natural resources are prohibited, restricted or encouraged;

g/ Orientation for environmental protection, natural disaster management and climate change resilience;

h/ Solutions and resources for planning implementation.

  1. The national environmental protection planning includes the following main parts:

a/ Assessment of state and changes in the quality of environment, natural landscapes and biodiversity; waste generation and forecasting of waste generation; effects of climate change; environmental management and protection;

b/ Viewpoints, objectives, tasks and solutions for environmental protection;

c/ Environmental zoning; nature and biodiversity conservation; waste management; environmental monitoring and warning;

d/ List of nationally important projects, prioritized projects on environmental protection and their execution in order of priority;

dd/ Solutions and resources for planning implementation.

  1. The national biodiversity conservation planning includes the following main contents:

a/ Assessment of state and changes in biodiversity, biodiversity management and conservation;

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

c/ High-biodiversity areas; important ecological landscapes; nature reserves; biodiversity corridors; biodiversity conservation establishments;

d/ List of nationally important projects, prioritized projects on biodiversity conservation and their execution in order of priority;

dd/ Solutions and resources for planning implementation.

  1. The Government shall elaborate the contents of the national sector planning that are specified in Clauses 3, 4, 5 and 6 of this Article and provide for integration of planning into the national sector planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clauses 3, 4, 5 and 6 of this Article shall be carried out in accordance with relevant regulations of law.

Article 26. Contents of the regional planning

  1. The regional planning shall specify orientations for development, arrangement and distribution of resources for carrying out common, inter-regional and inter-provincial socio-economic, national defense and security, and environmental protection activities.
  2. The regional planning includes the following main parts:

a/ Analysis and assessment of factors, natural conditions, special resources of the region;

b/ Viewpoints and objectives for regional development;

c/ Orientation for development of key sectors of the region; plans for development, arrangement, selection and provision of resources for development within the region;

d/ Orientation for creation of urban and rural system; economic zones, industrial parks, export-processing zones, hi-tech parks; tourism areas; research and training areas; sports complex; nature reserves, areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried; centralized production areas;

dd/ Orientation for infrastructure development;

e/ Orientation for environmental protection, extraction and protection of river basin water, natural disaster management and climate change resilience within the region;

g/ List of projects and their execution in order of priority;

dd/ Solutions and resources for planning implementation.

  1. The Government shall elaborate the contents of the regional planning that are specified in Clause 2 of this Article and provide for integration of planning into the regional planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 27. Contents of the provincial planning

  1. The provincial planning shall specify national projects included in the national planning; regional and inter-provincial projects included in the regional planning; orientation for development and arrangement of spaces and provision of resources for carrying out socio-economic, national defense and security, and environmental protection activities at provincial and inter-district level, and orientation for distribution within districts.
  2. The provincial planning includes the following main parts:

a/ Analysis and assessment of and forecasting of factors, special development conditions of the province; assessment of socio-economic development, land use, and urban and rural systems;

b/ Viewpoints, objectives and plans for development;

c/ Orientation for development of important sectors within the province; plans for organization of socio-economic activities;

d/ Schemes for urban system planning, including national and regional urban areas already specified in the regional planning within the province; plans for development of provincial capitals, cities and towns within the province; plans for distribution of economic zones; industrial parks; export-processing zones, hi-tech parks; tourism areas; research and training areas; sports complexes; nature reserves, areas that need to be preserved or rehabilitated, historical-cultural relics, scenic beauties and subjects already inventoried and specified in the national planning and regional planning within the province; plans for development of industrial clusters; plans for spatial organization of rural areas and development of centralized agricultural production areas; plans for distribution of residential areas; determination of military and security zones; plans for development of disadvantaged and extremely disadvantaged areas and key areas;

dd/ Plans for development of transport network, including the network of expressways, national highways and railways; inland waterways and sea routes; seaports, international and national airports; inter-provincial road and waterway networks already specified in the national planning and regional planning within the province; provincial road network;

e/ Plans for development of electricity supply network, including electricity supply works and transmission network already specified in the national planning and regional planning within the province; transmission network and distribution grid;

g/ Plans for development of telecommunications network, including international, national and inter-provincial telecommunications already specified in the national planning and regional planning within the province; plans for development of passive telecommunications infrastructure; important telecommunications works related to national security and telecommunications works of provinces;

h/ Plans for development of irrigation and water supply networks, including regional and inter-provincial irrigation and water supply networks already specified in the national planning and regional planning within the province; inter-district irrigation and water supply networks;

i/ Plans for development of waste treatment areas, including regional and inter-provincial hazardous waste treatment areas already specified in the national planning and regional planning within the province; inter-district waste treatment areas;

k/ Plans for development of social infrastructure, including national, regional and inter-provincial social infrastructure projects already specified in the national planning and regional planning within the province; culture, sports and tourism institutions, trade centers, fairs, exhibitions and other social infrastructure of provinces;

l/ Allocation and zoning of land by purpose and type of land up to district level;

m/ Schemes for inter-regional and inter-district construction planning;

n/ Plans for environmental protection, extraction, use and protection of natural resources, biodiversity, natural disaster management and climate change resilience within the province;

o/ List of provincial projects and their execution in order of priority;

p/ Solutions and resources for planning implementation.

  1. The Government shall elaborate the contents of the provincial planning that are specified in Clause 2 of this Article and provide for integration of planning into the provincial planning.

The formulation, appraisal, approval and adjustment of the detailed planning for development of the contents specified in Clause 2 of this Article shall be carried out in accordance with relevant regulations of law.

Article 28. Contents of the urban planning and rural planning

The contents of the urban and rural planning and the development, appraisal, approval, implementation and adjustment thereof shall be carried out in accordance with regulations of the Law on Urban Planning and Law on Construction.

The urban and rural planning shall be made publicly available in accordance with regulations of this Law, the Law on Urban Planning and Law on Construction.

Chapter III APPRAISAL, DECISION OR APPROVAL, ANNOUNCEMENT AND PROVISION OF INFORMATION ON PLANNING

SECTION 1. PLANNING FORMULATION

Article 29. The power to establish a planning appraisal council

  1. The Prime Minister shall establish a planning appraisal council to appraise the national and regional planning.
  2. The Ministry of Planning and Investment shall establish a planning appraisal council to appraise the provincial planning.

Article 30. Planning appraisal council

  1. A national and regional planning appraisal council includes President and members of the council. President of the planning appraisal council is the Prime Minister or Deputy Prime Minister. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.
  2. A provincial planning appraisal council includes President and members of the Council. The President of the appraisal council is the Minister of Planning and Investment. Members of the appraisal council include representatives of Ministries, ministerial authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be decided by the President of the council.
  3. The planning appraisal council shall operate according to the collective system and be responsible for formulating planning. The standing body of the appraisal council shall seek opinions from experts, socio-professional organizations and other relevant organizations before sending them to the planning appraisal council.

When necessary, the planning appraisal council may select an independent reviewer. An independent reviewer must satisfy qualification requirements suitable for his/her assigned tasks in accordance with relevant regulations of law and regulations of the Government.

  1. The Government shall elaborate this Article.

Article 31. Applications for planning appraisal

  1. An application for planning appraisal includes the following main documents:

a/ An application form;

b/ A planning report;

c/ A draft planning decision or approval.

d/ A consolidated report on opinions of the public and other organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; report on response to opinions on planning (hereinafter referred to as “response report”).

Dd/ A strategic environmental assessment report;

e/ Planning diagrams, maps and database.

  1. The planning appraisal council shall only carry out the appraisal when receiving a sufficient application specified in Clause 1 of this Article. When necessary, the appraisal council may request the submitting authority to provide additional information and explain relevant contents.

Article 32. Issues that need appraising

The appraisal shall focus on:

  1. conformity to the approved planning tasks;
  2. compliance with the procedures for planning formulation that are specified in Article 16 of this Law;
  3. integration of planning contents provided by relevant Ministries, ministerial authorities and local governments;
  4. conformity of the planning to the regulations specified in Section 2, Chapter II of this Law.

Article 33. Planning formulation report

  1. A report on appraisal of the national comprehensive planning, national marine spatial planning and national land use planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of this Law and decide whether to submit the planning to the National Assembly for decision.
  2. A report on appraisal of the national sector planning, regional planning and provincial planning shall clearly specify opinions of the planning appraisal council on issues that need appraising specified in Article 32 of this Law and decide whether to submit the planning to the National Assembly.
  3. A report on appraisal of the national comprehensive planning, national marine spatial planning, national land use planning and regional planning and enclosures shall be submitted to the planning authority within 15 days from the end of the appraisal. The planning authority shall consider and respond to appraisal opinions to modify and complete the application for decision or approval for planning.

A report on appraisal of the national sector planning and provincial planning and enclosures shall be submitted to the authority organizing formulation of the planning within 15 days from the end of the appraisal. The authority organizing formulation of the planning shall direct the planning authority to consider and respond to appraisal opinions to modify and complete the application for approval for planning.

In case the planning conclusion is ineligible to be submitted for decision or approval, the planning appraisal council shall return the application to the submitting authority and provide explanation.

Section 2. DECISION OR APPROVAL FOR PLANNING

Article 34. The power to decide or approve planning

  1. The National Assembly shall decide the national comprehensive planning, national marine spatial planning and national land use planning.
  2. The Prime Minister shall approve the national sector planning, regional planning and provincial planning.

Regarding the capital planning, the Prime Minister shall approve it after opinions of the National Assembly are obtained.

Article 35. Application for decision or approval for planning

An application for decision or approval for planning includes the following main documents:

  1. An application form;
  2. A planning report;
  3. Draft planning decision or approval;
  4. A consolidated report on opinions of the public, organizations and individuals on the planning, copies of written opinions of Relevant Ministries, ministerial authorities and local governments; response report.
  5. A strategic environmental assessment report;
  6. A planning appraisal report, copies of written opinions of experts, socio-professional organizations and other relevant organizations; a review prepared by the independent reviewer (if any);
  7. A response report;
  8. Planning diagrams, maps and database.

Article 35. Procedures for decision on the national comprehensive planning, national marine spatial planning and national land use planning

  1. Within 60 days before the opening date of the session of the National Assembly, the Government shall submit the application for decision on planning to the National Assembly’s authority for inspection.
  2. The inspecting authority may request the Government and relevant organizations and individual to report issues concerning the contents of the planning. Organizations and individuals shall provide sufficient information and documents to serve the appraisal.
  3. The inspection shall focus on:

a/ Conformity of the contents of the planning to the Communist Party’s policies; constitutionality, legitimacy and uniformity in the planning system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

b/ Conformity of the planning to the regulations specified in Section 2, Chapter II of this Law;

c/ Feasibility of the planning and conditions for ensuring resources and finance for planning implementation.

  1. The National Assembly shall consider and approve the resolution on national comprehensive planning, national marine spatial planning and national land use planning.

Article 37. Contents of decision or approval for planning

The contents of the decision or approval for planning are specified in Clause 2 Article 22, Clause 2 Article 23, Clause 2 Article 24, Clauses 3, 4, 5 and 6 Article 25, Clause 2 Article 26 and Clause 2 Article 27 of this Law, depending on the type of planning.

Section 3. ANNOUNCEMENT AND PROVISION OF INFORMATION ON PLANNING

Article 38. Announcement of planning

  1. Within 15 days from the day on which the planning is decided or approved by the competent authority, its contents must be announced publicly, except for those that contain state secrets in accordance with regulations of the Law on Protection of State Secrets.
  2. The planning shall be announced in the forms specified in Article 40 of this Law.

Article 39. Responsibilities for organization of planning announcement

  1. The Ministry of Planning and Investment shall organize announcement of the national comprehensive planning and regional planning.
  2. The Ministry of Natural Resources and Environment shall organize announcement of the national marine spatial planning and national land use planning.
  3. Ministries and ministerial authorities shall organize announcement of the national sector planning within their power.
  4. The People’s Committees of provinces shall organize announcement of the provincial planning.

Article 40. Forms of planning announcement

  1. The planning shall be published on the website of the authority organizing formulation of the planning and planning authority on a regular and continuous basis.
  2. Apart from compliance with Clause 1 of this Article, the planning shall be announced in the following forms:

a/ Use of media;

b/ Presentation of planning models, diagrams, maps and database;

c/ Organization of conferences and workshops;

d/ Release of publications.

  1. The Government shall elaborate Clause 2 of this Article.

Article 41. National planning information and database systems

  1. The national planning information and database systems shall be established and operated in a uniform manner nationwide to serve planning.

The national planning information and database systems include planning documents, data on nature, economy, society, environment, climate change, national defense and security in association with the standardized and regularly updated national geographic database system.

  1. Responsibilities for establishment of national planning information and database systems:

a/ The Ministry of Planning and Investment shall organize establishment, management and operation of national planning information and database systems;

b/ The Ministry of Natural Resources and Environment shall provide the standardized and regularly updated national geographic database system to create a framework database for the national planning information and database systems;

c/ Ministries and ministerial authorities shall update relevant data under their management to the national planning information and database systems;

d/ The People’s Committees of provinces shall update relevant data under local management to the national planning information and database systems.

  1. The Government shall elaborate this Article.

Article 42. Provision of information on planning for organizations and individuals

  1. Information on the decided or approved planning must be adequately, promptly and accurately provided for organizations and individuals upon request, except for information relating to state secrets in accordance with regulations of the Law on Protection of State Secrets.
  2. The Ministry of Planning and Investment shall provide information on the national planning, regional planning and provincial planning.
  3. The Ministry of Natural Resources and Environment shall provide information on the national land use planning and national marine spatial planning.
  4. Ministries and ministerial authorities shall provide information on the national sector planning within their power.
  5. The People’s Committees of provinces shall provide information about the provincial planning.

Article 43. Forms of provision of information on planning

  1. Provision of information in writing or in person on request.
  2. Publication of information on websites and through the media according to Article 40 of this Law.
  3. Provision of publications about planning.

Article 44. Archiving planning documents

  1. The planning documents to be archived include:

a/ Documents about planning appraisal specified in Article 31 of this Law;

b/ Documents submitted for decision or approval for planning specified in Article 35 of this Law;

c/ Reports on appraisal of the national comprehensive planning, national marine spatial planning and national land use planning;

d/ Planning decision or written approval;

dd/ Other documents (if any).

  1. Planning documents shall be archived in accordance with regulations of the Law on Archives.

Chapter IV IMPLEMENTATION, ASSESSMENT AND ADJUSTMENT OF PLANNING

Section 1. PLANNING IMPLEMENTATION

Article 45. Planning implementation plan

  1. A planning implementation plan shall be unveiled after the planning is decided or approved.
  2. A planning implementation plan includes the following main contents:

a/ Public investment project;

b/ Investment projects funded by sources other than public investments;

c/ Land use plan;

d/ Resources and use of resources for planning implementation.

Article 46. Policies and solutions for planning implementation

Policies and solutions for planning implementation shall be introduced in conformity with the planning implementation plan and include the following main contents:

  1. Attraction of investment according to the decided or approved planning;
  2. Development of human resources;
  3. Development of science and technology;
  4. Social security assurance;
  5. Environmental protection;
  6. Assurance of financial resources;
  7. Assurance of national defense and security.

Article 47. Resources for planning implementation

  1. Ministries and ministerial authorities shall, within their power, provide resources or request a competent authority to provide resources for planning implementation.
  2. The Ministry of Planning and Investment shall take charge and cooperate with the Ministry of Finance in requesting funding for public investment projects in accordance with regulations of the Law on Public Investment and Law on State Budget to a competent authority.
  3. The Ministry of Natural Resources and Environment shall take charge and cooperate with Ministries, ministerial authorities and People’s Committees of provinces in submitting the land use plan to a competent authority to implement the national planning and regional planning.
  4. The People’s Committee of the province shall unveil the land use plan within its power or request a competent authority to unveil it and provide resources for provincial planning implementation.

Article 48. Planning report

  1. Before October 21, Ministries, ministerial authorities and People’s Committees of provinces shall submit planning reports to the Ministry of Planning and Investment, which will submit them to the Prime Minister before December 31.
  2. The Government shall submit a planning report to the National Assembly every five years.

Section 2. ASSESSMENT OF PLANNING IMPLEMENTATION

Article 49. Responsibilities for assessment of planning implementation

  1. The assessment of planning implementation shall be carried out periodically or upon request according to the assessment criteria decided by the Government.
  2. Responsibilities for assessment of planning implementation:

a/ The Ministry of Planning and Investment shall assess the implementation of the national comprehensive planning and regional planning;

b/ The Ministry of Natural Resources and Environment shall assess the implementation of the national marine spatial planning and national land use planning;

c/ Ministries and ministerial authorities shall assess the implementation of the national sector planning within their power;

d/ The People’s Committees of provinces shall assess the implementation of the provincial planning.

  1. The authority charged with assessing the national comprehensive planning, national marine spatial planning and national land use planning shall submit an assessment report to the Government. When necessary, the Government shall submit it to the National Assembly.

The authority charged with assessing the national sector planning, regional planning and provincial planning shall submit an assessment report to the Prime Minister.

Article 50. Contents of assessment of planning implementation

  1. Consolidation, analysis and assessment of the implementation and implementation results; assessment of the extent of accomplishment compared to the planning or the previous period’s extent of accomplishment.
  2. Factors and reasons affecting the implementation and implementation results; proposed solutions for improvement of effectiveness in planning during the planning period and the next planning period; request for adjustments to the planning (if any).

Section 3. ADJUSMENT TO PLANNING

Article 51. Principles of planning adjustment

  1. The authority that has the power to decide or approve the planning has the power to decide or approve the adjustment to the planning.
  2. The authority that has the power to organize planning formulation shall organize the implementation of the plan for adjustments to the planning.
  3. The adjustment shall not change the objectives of the planning, except for the cases specified in Clauses 1, 3 and 4, Article 53 of this Law.

Article 52. Review of planning

  1. The planning shall be reviewed every five years so that adjustments can be made in conformity with the socio-economic development during each period.
  2. The authority organizing formulation of the planning shall organize the review of the planning.
  3. A report on review results shall be submitted to the authority that has the power to decide or approve the planning.

Article 53. Bases for adjustments to planning

Adjustments to planning shall be made if one of the following bases is available:

  1. Adjustments to the objectives of the socio-economic development strategy and field and sector development strategy change the objectives of the planning;
  2. Adjustments to the planning at a higher level change contents of the planning or the plannings at the same level are inconsistent with each other;
  3. Changes or adjustments to administrative division affect the nature and scale of space of the planning;
  4. Effects of natural disasters, climate change and war change the objectives, orientations and spatial organization of the planning.
  5. Random fluctuations of the socio-economic situation limit the resources for planning implementation;
  6. Development of science and technology considerably changes the planning implementation;
  7. Assurance of nation defense and security is required.

Article 54. Procedures for and power of adjustment to planning

  1. The Government shall submit the guidelines for adjustments to the national comprehensive planning, national marine spatial planning and national land use planning to the National Assembly.

Ministries and ministerial authorities shall submit the guidelines for adjustments to the national sector planning within their power to the Prime Minister for approval.

The Ministry of Planning and Investment shall submit the guidelines for adjustments to the regional planning to the Prime Minister for approval.

The People’s Committees of the provinces shall submit the guidelines for adjustments to the provincial planning to the Prime Minister for approval.

  1. Procedures for adjustments, announcement and provision of information on adjustments to planning are the same as those for formulation, appraisal, decision or approval, announcement and provision of planning information that are specified in Chapter II and Chapter III of this Law.
  2. The authority organizing formulation of the planning shall update and specify adjusted contents in the planning.

Chapter V STATE MANAGEMENT OF PLANNING

Article 55. Responsibilities of the Government, Ministries and ministerial authorities for state management of planning

  1. The Government shall uniform state management of planning; unveil plans, policies and solutions for and provide resources for implementation of the national comprehensive planning, national marine spatial planning and national land use planning.
  2. The Prime Minister shall unveil plans, policies and solutions for and provide resources for implementation of the national sector planning, regional planning and provincial planning.
  3. The Ministry of Planning and Investment shall be in charge of assisting the Prime Minister in performing state management of planning and have the following tasks and powers:

a/ Promulgate legislative documents on planning or request a competent authority to promulgate them and organize implementation of such documents;

b/ Request a competent authority to unveil plans, policies and solutions and provide resources for implementation of the national comprehensive planning and regional planning.

c/ Request the Prime Minister to establish a national comprehensive planning and regional planning appraisal council;

d/ Instruct Ministries, ministerial authorities and People’s Committees of provinces to formulate and organize implementation of planning;

dd/ Issue norms for planning activities;

e/ Take charge and cooperate with relevant authorities in international cooperation in planning;

g/ Take charge and cooperate in providing and managing training for human resources, researching and applying science and technology to planning;

h/ Cooperate with relevant authorities and organizations in disseminating the law on planning.

  1. Ministries and ministerial authorities shall, within their power, cooperate with the Ministry of Planning and Investment in performing state management of planning and have the following tasks and powers:

a/ Request the Prime Minister to unveil plans, policies and solutions for and provide resources for implementation of the national sector planning to the Prime Minister; establish the national sector planning appraisal council;

b/ Organize implementation of the national sector planning and development of the contents specified in the national comprehensive planning, national marine spatial planning, national land use planning and regional planning within their power;

c/ Carry out inspections, settle complaints and denunciations and take actions against violations of the law on planning;

d/ Reward organizations and individuals for their achievements in planning.

  1. The Ministry of Natural Resources and Environment has the tasks and powers specified in Clause 4 of this Article and the following ones:

a/ Take charge and cooperate with Ministries, ministerial authorities and People’s Committees of provinces in submitting the land use plan to a competent authority to implement the national planning and regional planning;

b/ Request the Government to unveil plans, policies and solutions and provide resources for implementation of the national marine spatial planning and national land use planning;

c/ Request the Prime Minister to establish a council to appraise the national marine spatial planning, national land use planning and national planning for national defense or security land.

  1. The Ministry of Finance has the tasks and powers specified in Clause 4 of this Article and the following ones:

a/ Take charge and cooperate with Ministries, ministerial authorities and People’s Committees of provinces in submitting plans and solutions for assurance of financial resources to the Prime Minister to implement planning;

b/ Promulgate regulations on prices of planning services.

Article 56. Responsibilities of the People’s Committees of provinces for state management of planning

The People’s Committees of provinces shall, within their power, perform state management of planning within their provinces and have the following tasks and powers:

  1. Unveil plans, policies and solutions for implementation of the provincial planning within their power or request the competent authority to unveil them and provide resources for implementation of the provincial planning;
  2. Organize implementation of the provincial planning;
  3. Cooperate in formulating the national planning and relevant regional planning;
  4. Organize dissemination of planning law;
  5. Carry out inspections, settle complaints and denunciations and take actions against violations of the law on planning;
  6. Reward organizations and individuals for their achievements in planning.

Chapter VIIMPLEMENTATION CLAUSE

Article 57. Amendments to certain articles of the laws relating to planning

  1. Clause 2, Article 50 of the Law on Information Technology No. 67/2006/QH11 is amended as follows:

“2. The Ministry of Information and Communications shall announce the list and formulate a plan for development of focal information technology products during each period in conformity with the information technology development strategy.”.

  1. Certain articles of the Law on Local Government Organization No. 77/2015/QH13 are amended as follows:

a/ Point g, Clause 3 of Article 19 is annulled

b/ Point a, Clause 2 of Article 128 is amended as follows:

“a/ Conform to the relevant planning decided or approved by the competent authority;”.

  1. Certain articles of the Law on Veterinary Medicine No. 79/2015/QH13 are amended as follows:

a/ Point b, Clause 1 of Article 5 is amended as follows:

“b/ Creation of system for tracing origin of animals and animal products; creation of a network of slaughterhouses and animal product preparing establishments towards industrialization in association with breeding areas;”;

b/ Point b, Clause 1 of Article 9 is amended as follows:

“b/ Formulate planning for animal epidemic-free zones and establishments, integrate it into the provincial planning and organize implementation thereof; formulate, unveil and organize implementation of the plan for prevention and fighting against animal diseases; programs for supervision, control and eradication of animal diseases;”;

c/ Clause 3 and Clause 4, Article 40 are amended as follows:

“3. The Minister of Agriculture and Rural Development shall decide the establishment of animal quarantine stations at main roads nationwide.

  1. The People’s Committees of provinces shall, according to the regulation of the Minister of Agriculture and Rural Development that is specified in Clause 3 of this Article, decide to establish and organize quarantine of animals and animal products of animal quarantine stations at main roads in within their provinces.”;

d/ Point b, Clause 1 of Article 76 is amended as follows:

“b/ Direct creation of a network of centralized slaughterhouses and formulation of plans for centralized animal slaughter;

dd/ Point a, Clause 2 of Article 76 is amended as follows:

“a/ Cooperate with relevant divisions and sectors in setting up a network of centralized slaughterhouses;”.

  1. Article 58 of the Law on National Reserve No. 22/2012/QH13 is amended as follows:

“Article 58. Comprehensive national reserve warehouse system planning

  1. The comprehensive planning of the system of national reserve warehouses shall be formulated in accordance with the principles prescribed by the Law on Planning and in conformity with the national reserve strategy; in conformity with places of commodity sources, population density; in accordance with safety requirements.
  2. The comprehensive national reserve warehouse system planning includes the contents prescribed by the Law on Planning and is compliant with the following requirements:

a/ Conform to the objectives and requirements for national reserves;

b/ Ensure continuity in the system of national reserve warehouses according to territorial lines and regions;

c/ Ensure development towards modernization;

d/ Conform to the amount of investments;

dd/ Clearly determine implementation solutions and roadmaps.

  1. The formulation, appraisal, approval, announcement, implementation and adjustment of the comprehensive national reserve warehouse system planning shall be carried out in accordance with regulations of the Law on Planning and other relevant regulations of law.”.
  2. Article 8 of the Law on Vocational Education No. 74/2014/QH13 is amended as follows:

 “Article 8. Vocational education institution network planning

  1. The vocational education institution network planning shall be formulated in accordance with the principles prescribed by the Law on Planning and ensure the structure of disciplines, training levels and structure of regions; diversity and uniformity of the vocational education system, combination of training and production, business and services; improvement in training quality, and shall serve industrialization, modernization and international integration.
  2. The vocational education institution network planning includes the contents prescribed by the Law on Planning and the following contents:

a/ Structure of networks of vocational education institutions and training scope according to disciplines, training levels, and types of vocational education institutions;

b/ Dispose vocational education institutions in every area or local government;

c/ Develop teaching staff and vocational education administrative officials;

d/ Invest in training facilities and equipment.

  1. The formulation, appraisal, approval, announcement, implementation and adjustment of the national vocational educational institution network planning shall be carried out in accordance with regulations of the Law on Planning and other relevant regulations of law.
  2. Ministries, ministerial authorities and People’s Committees of provinces shall, according to the national vocational educational institutions network planning, formulate and approve the planning for a network of their vocational educational institutions and take responsibility for directing the implementation thereof.

The planning for a network of national vocational educational institutions of Ministries, ministerial authorities and local governments shall be integrated into the planning under the national planning system in accordance with regulations of the Law on Planning.”.

  1. Clause 5 is added to Article 82 of the Law on Medical Examination and Treatment No. 40/2009/QH12 as follows:

“5. The planning for the system of health facilities nationwide and specialized health facilities shall be integrated into the national health facility network planning; the local health facility system planning shall be integrated into the provincial planning in accordance with regulations of the Law on Planning.”.

  1. Certain articles of the Law on Telecommunications No. 41/2009/QH12 are amended as follows:

a/ Point a, Clause 2 of Article 8 is amended as follows:

“a/ Conform to the national socio­economic development strategy, national planning and national socio-economic development plan during each period; comply with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a signatory;”;

b/ Clause 3 of Article 8 is amended as follows:

“3. The Ministry of Information and Communications shall formulate the national telecommunications development planning and integrate it into the national information and communication infrastructure planning in accordance with regulations of the Law on Planning and other relevant regulations of law.”;

c/ Point dd, Clause 1 of Article 14 is amended as follows:

“dd/ Be allowed to distribute telecommunications resources in accordance with regulations on management of telecommunications resources;”;

b/ Clause 3 of Article 38 is amended as follows:

“3. The adjustment that is made to a telecommunications license within its validity period at the request of the licensed organization or of the Ministry of Information and Communications shall be conformable to regulations on management of telecommunications resources, telecommunications connection, charge rates, technical standards and regulations on telecommunications.”;

dd/ Clause 1 of Article 60 is amended as follows:

“1. The common use of transport, energy supply, public lighting, water supply and drainage and telecommunications infrastructure and other infrastructure works must ensure effectiveness and thrift and fulfillment of requirements for landscape and environment, and be conformable to the planning decided or approved by a competent authority.”.

  1. Certain articles of the Law on Thrift Practice and Waste Combat No. 44/2013/QH13 are amended as follows:

a/ Point d, Clause 2 of Article 5 is amended as follows:

“d/ The planning decided or approved by the competent authority; socio-economic development plans; sector and regional development plans; land use plans; list of investment projects and investments; natural resource extraction plans and natural resource extraction;”;

b/ Article 33 is amended as follows:

“Article 33. Formulation, appraisal and approval of planning, plans and list of investment projects

  1. The formulation, appraisal and approval of the planning under the national planning; socio-economic development planning; sector and regional development planning; and land use planning shall be conformable to the socio-economic development strategy and orientation and capability of the economy.
  2. The formulation, appraisal and approval of the list of investment projects shall be conformable to the planning decided or approved by the competent authority; socio-economic development plans; plans for development of sectors, regions, fields and products; land use plans.”;

c/ Clause 1 of Article 34 is amended as follows:

“1. The formulation and appraisal of the investment projects shall be conformable to the planning decided or approved by the competent authority; socio-economic development plans; sector and regional development plans; land use plans; list of investment projects in accordance with regulations and standards on construction.”.

  1. The socio-economic development planning and comprehensive socio-economic development planning which are specified in the Law on National Defense No. 39/2005/QH11, Law on Radio Frequencies No. 42/2009/QH12, Law on Education No. 38/2005/QH11 already amended in the Law on amendments to certain articles of the Law on Education No 44/2009/QH12, Law on Vietnamese Sea No. 18/2012/QH13, Law on Natural disaster management No. 33/2013/QH13, Law on Housing No. 65/2014/QH13, Law on the People’s Public Security Forces No.73/2014/QH13, Law On Natural Resources and Environment of Sea And Islands No. 82/2015/QH13, Law on Access to Information No. 104/2016/QH13, Law on Tourism No.09/2017/QH14, Ordinance on Plant Varieties No. 15/2004/PL-UBTVQH11, Ordinance on Livestock Breeds No. 16/2004/PL- UBTVQH11, Ordinance on Population No. 08/2008/PL-UBTVQH12 already amended in the Ordinance on amendments to Article 10 of the Ordinance on Population No. 08/2008/PL-UBTVQH12 and other legislative documents shall be replaced with the planning decided or approved by the competent authority.

Article 58. Effect

  1. This Law comes into force from January 01, 2019.
  2. The regulations of this Law on formulation and appraisal of the national planning, regional planning and regional planning come into force from March 01, 2018.

The Government shall provide funding for formulation and appraisal of the planning specified in this Clause in accordance with regulations of the Law on Public Investment and Law on State Budget.

Article 59. Transition clause

  1. The planning already decided or approved in accordance with regulations of Law before the effective date of this Law shall be implemented as follows:

a/ The national, regional and provincial planning shall be implemented until the end of the planning period. If the contents of such planning are inconsistent with regulations of this Law, such contents shall be adjusted as prescribed by this Law;

b/ The detailed planning specified in Appendix 2 of this Law shall continue to be implemented in accordance with relevant regulations of law. If the contents of such planning are inconsistent with the planning at a higher level that is already decided or approved as prescribed by this Law, such contents shall be adjusted to be consistent with the planning at a higher level;

c/ The planning integrated into the national, regional and provincial planning shall be implemented until the national, regional and provincial planning are decided or approved as prescribed by this Law, except for the case prescribed in Point b of this Clause;

d/ The planning for investment in and development of specific goods, services and products, determination of the volume of goods, services and produced and sold products that is decided or approved is null and void no later than December 31, 2018.

  1. The national, regional and provincial planning already that are formulated and appraised before the effective date of this Law but are yet to be decided or approved shall be decided or approved as prescribed by this Law.
  2. The planning already decided or approved by the competent authority according to the planning announced before the effective date of this Law shall be implemented until the expiry of such planning in accordance with regulations of law.
  3. The Government shall review and issue the list of planning set forth in Point c and Point d, Clause 1 of this Article and Point 39 of the Appendix 2 before December 31, 2018.
  4. The Government shall review and request the National Assembly to amend the regulations on planning which are specified in codes and laws on the list provided in the Appendix 3 of this Law and other legislative documents to ensure conformity with the Law on Planning and which come into force no later than January 01, 2019.

This Law was passed by the 14thNational Assembly of the Socialist Republic of Vietnam, at its 4thsession on November 24, 2017.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY

Nguyen Thi Kim Ngan

 

APPENDIX

(Enclosed with the Law on Planning No. 21/2017/QH14)

 

APPENDIX I

LIST OF NATIONAL SECTOR PLANNING

No. NAME OF PLANNING
IINFRASTRUCTURE
1.Road network planning
2.Rail network planning
3.Comprehensive planning for seaport system development
4.Comprehensive planning for development of national airport and aerodrome system
5.Inland waterway infrastructure planning
6.National hydrometeorological station network planning
7.Comprehensive energyplanning
8.Power development planning
9.Oil and gas storage and supply infrastructure planning
10.Information and communication infrastructure planning
11.Press agency, broadcasting and electronic information establishment and publisher networkdevelopment planning
12.National disaster management and irrigation planning
13.Tourism system planning
14.Culture and sports facility network planning
15.Public science and technology organization network planning
16.Higher education institution and pedagogical institution network planning
17.Planning for system of specialized educational institutions for disabled people and system of inclusive education development support centers
18.Vocational education institution network planning
19.Social support center network planning
20.Planning for system of sanatoriums taking care of people with meritorious services to the revolution
21.Fishing port and anchorage system planning
22.Health facility network planning
23.Comprehensive planning for national reserve warehouse system
24.Planning for systems of national defense works, military zones, ammunition depots and national defense industry
25.Fire prevention and fighting infrastructure planning
26.Urban and rural system planning
27.National defense and security education center network planning
IIUSE OF NATURAL RESOURCES
28.Comprehensive planning for sustainable extraction and use of coastal resources
29.Planning for geological baseline surveys of minerals
30.Water resource planning
31.Planning for exploration, extraction, processing and use of radioactive ores
32.Planning for exploration, extraction, processing and use of minerals
33.Planning for exploration, extraction, processing and use of minerals used as building materials
34.Forestry planning
35.Aquatic resource protection and extraction planning
36.National defense land use planning
37.Security land use planning
IIIENVIRONMENTAL PROTECTION
38.Environmental protection planning
IVBIODIVERSITY CONSERVATION
39.Comprehensive biodiversity conservation planning

 

APPENDIX II

LIST OF DETAILED PLANNING

No.NAME OF PLANNING REGULATED BY
1.District-level planning for land useLaw on Land No. 45/2013/QH13
2.National comprehensive environmental monitoring planningLaw on Environmental Protection No. 55/2014/QH13
3.Comprehensive planning for inter-provincial river basins and watercoursesLaw on Water Resources No. 17/2012/QH13
4.Planning for protection, extraction and use of internationalwater resourcesLaw on Water Resources No. 17/2012/QH13
5.Comprehensive planning for baseline survey of water resourcesLaw on Water Resources No. 17/2012/QH13
6.Planning for zones free of the harmful organismsLaw on Plant Protection and Quarantine No. 41/2013/QH13
7.Irrigation planningLaw on Irrigation No.08/2017/QH14
8.Planning for flood control on river routes with dikesLaw on Dikes No. 79/2006/QH11
9.Dike planningLaw on Dikes No. 79/2006/QH11
10.Planning for residential areas and production areas for natural disaster adaptation;Law on Natural disaster management No. 33/2013/QH13
11.Construction planningLaw on Construction No.50/2014/QH13
12.Relic preservation and rehabilitation planningLaw on Cultural Heritages No. 28/2001/QH10 amended in the Law on amendments to certain articles of the Law on Cultural Heritages No. 32/2009/QH12
13.Archaeological planningLaw on Cultural Heritages No. 28/2001/QH10 amended in the Law on amendments to certain articles of the Law on Cultural Heritages No. 32/2009/QH12
14.Planning for the system of orthopedic and functional rehabilitation establishments and care homes for disabled peopleLaw on Disabled People No. 51/2010/QH12
15.Planning for aged care homesLaw on Elderly People No. 39/2009/QH12
16.Higher education institution network planningLaw on Higher Education No. 08/2012/QH13
17.Provincial planning for a network of vocational education institutions of Ministries and ministerial authoritiesLaw on Vocational Education No. 74/2014/QH13
18.Border checkpoint planning; railway line and station planning; airport and aerodrome planningLaw on National Border No. 06/2003/QH11; Law on Railway No. 06/2017/QH14; Law on Vietnam Civil Aviation No.66/2006/QH11 amended in the Law on amendments to certain articles of the Law on Vietnam Civil Aviation No. 61/2014/QH13
19.Planning for flight information regionsLaw on Vietnam Civil Aviation No. 66/2006/QH11 amended in the Law on amendments to certain articles of the Law on Vietnam Civil Aviation No. 61/2014/QH13
20.Detailed planning for a cluster of seaports, ports, wharves, floating terminals and dedicated watersVietnam Maritime Code No. 95/2015/QH13
21.Detailed planning for development of seaport land and watersVietnam Maritime Code No. 95/2015/QH13
22.Inland port system development planningVietnam Maritime Code No. 95/2015/QH13
23.Road traffic infrastructure planningLaw on Road Traffic No. 23/2008/QH12
24.Atomic energy development and application planningLaw on Atomic Energy No. 18/2008/QH12
25.Nuclear power development planningLaw on Atomic Energy No. 18/2008/QH12
26.Health facility system planningLaw on Medical Examination and Treatment No. 40/2009/QH12
27.National telecommunications development planningLaw on Telecommunications No. 41/2009/QH12
28.Planning for telecommunications number storagesLaw on Telecommunications No. 41/2009/QH12
29.Internet resource planningLaw on Telecommunications No. 41/2009/QH12
30.Passive telecommunications infrastructure planningLaw on Telecommunications No. 41/2009/QH12
31.Planning for radio frequenciesLaw on Radio Frequencies No. 42/2009/QH12
32.Public postal network development planningLaw on Post No. 49/2010/QH12
33.Detailed planning for a network of national reserve warehousesLaw on National Reserve No. 22/2012/QH13
34.Planning for national defense works and military zonesLaw on National Defense No. 39/2005/QH11
35.National sea use planningLaw on Vietnamese Sea No. 18/2012/QH13
36.Outdoor advertising planningLaw on Advertising No. 16/2012/QH13
37.Planning for animal epidemic-free zones and establishmentsLaw on Veterinary Medicine No. 79/2015/QH13
38.Planning for state-owned testing systemLaw on Pharmacy No. 105/2016/QH13
39.Other detailed planning to be integrated into the system of national planning

 

APPENDIX III

LIST OF CODES AND LAWS CONTAINING REGULATIONS RELATING TO THE PLANNING TO BE AMENDED

No. NAME OF CODES AND LAWSPOINTS, CLAUSES AND ARTICLES TO BE AMENDED
1.Vietnam Maritime Code No. 95/2015/QH13Clause 2 of Article 7, Clause 12, Article 12, Article 44, Article 46, Clause 1 of Article 48, Article 81, Points a and b, Clause 1 of Article 82, Clause 1 of Article 88, Clause 1 of Article 92, Point dd, Clause 1 of Article 126
2.Law on Inland Waterway Navigation No. 23/2004/QH11 amended in the Law on amendments to certain articles of the Law on Inland Waterway Navigation No. 48/2014/QH13Clause 1 of Article 3, Article 10, Clause 3 of Article 13, Clause 4 of Article 99 and Clause 2 of Article 100
3.Law on Road Traffic No. 23/2008/QH12Article 6, Clause 2 of Article 46, Clause 3 of Article 64 and Clause 1 of Article 84
4.Law on Chemicals No. 06/2007/QH12Article 8, Article 9, Clause 3 of Article 49
5.Law on Biodiversity No. 20/2008/QH12Article 8, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Clause 1 of Article 24
6.Law on Tobacco Harm Prevention No. 09/2012/QH13Clause 3 of Article 4, Article 20, Clause 1 of Article 21
7.Law on Environmental Protection No. 55/2014/QH13Article 21 of Article 3, Article 8, Article 9, Clause 2 of Article 10, Article 11, Article 12, Clause 1 of Article 13, Article 40, Clauses 1 and 5 of Article 49, Clause 1 of Article 52, Article 94, Article 98, Point a, Clause 3 of Article 142
8.Law on Natural Resources and Environment of Sea And Islands No. 82/2015/QH13Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32
9.Law on Land No. 45/2013/QH13Article 35, Clauses 1 and 2 of Article 38, Clause 1 of Article 39, Clause 1 of Article 40, Article 41, Article 42, Articles 43, 44, Article 45, Article 46, Article 48, Clause 1 of Article 151
10.Law on Minerals No. 60/2010/QH12Clauses 1 and 3 of Article 3, Clause 1 of Article 4, Article 10, Clause 1 of Article 11, Article 12, Article 13, Article 14, Article 15, Clause 1 of Article 26, Point b, Clause 2 of Article 40, Point b, Clause 1 of Article 47, Point a, Clause 2 of Article 53, Point b, Clauses 2 and Clause 3 of Article 80, Point c, Clause 1 of Article 81
11.Law on Water Resources No. 17/2012/QH13Clause 2 of Article 10, Article 11, Point a, Clause 1 of Article 14, Article 15, Article 16, Article 17, Article 18, Article 20, Article 21, Article 22, Article 24, Clause 3 of Article 50, Point b, Clause 1 of Article 55. , Points a and b, Clause 2 of Article 70
12.Law on Hydrometeorology No. 90/2015/QH13Article 11
13.Law on Electricity No. 28/2004/QH11 amended in the Law on amendments to certain articles of the Law on Electricity No. 24/2012/QH13Article 8, Article 8a, Article 9, Article 10
14.Law on Science and Technology No. 29/2013/QH13Article 10, Clauses 2 and 3 of Article 67
15.Law on Higher Education No. 08/2012/QH13Article 11, Point a, Clause 1 of Article 22
16.Law on Construction No. 50/2014/QH13Point a, Clause 1 and Point a, Clause 2 of Article 14, Article 16, Article 20, Clause 5 of Article 34, Article 35, Article 40, Article 41, Article 42, Article 43
17.Law on Urban Planning No. 30/2009/QH12Clause 2 of Article 17, Article 1 of Article 24 , Clause 1 of Article 47, Article 53, Article 54, Article 55
18.Law on Notarization No. 53/2014/QH13Clause 1 of Article 18, Clause 1 of Article 24, Points b and c, Clause 2 of Article 69, Point b, Clause 1 of Article 70
19.Law on Dikes No. 79/2006/QH11Article 12, Article 13, Article 14, Article 16, Article 17, Article 18, Article 19
20.Law on Children No.102/2016/QH13Clause 2 of Article 45, Clauses 1 and 2 of Article 57
21.Law on Investment No. 67/2014/QH13Clause 1 of Article 20, Article 21
22.Law on Public Investment No. 49/2014/QH13Article 8, Article 9, Article 10, Point d, Clause 2 of Article 21, Clause 2 of Article 40, Point b, Clause 2 of Article 47
23.Law on Pharmacy No. 105/2016/QH13Point c, Clause 1 of Article 10
24.Law on Economical and Efficient Use of Energy No. 50/2010/QH12Point b, Clause 1 and Clause 2 of Article 6
25.Law on Irrigation No. 08/2017/QH14Clause 5 of Article 11, Article 12, Article 13, Article 14, Point b, Clause 1 of Article 57

 

 

 

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