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THE OFFICE OF THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 17/VBHN-VPQH
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Hanoi, September 16, 2024
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LAW ON PLANNING
The Law on Planning No.
21/2017/QH14 dated November 24, 2017 of the National Assembly of Vietnam, which
has been effective since January 01, 2019, is amended by:
1. The Law on Medical
Examination and Treatment No. 15/2023/QH15 dated January 09, 2023 of the
National Assembly, which has been effective since January 01, 2024;
2. The Law on Prices No.
16/2023/QH15 dated June 19, 2023 of the National Assembly, which has been
effective since July 01, 2024;
3. The Law on Water
Resources No. 28/2023/QH15 dated November 27, 2023 of the National Assembly,
which has been effective since July 01, 2024;
4. The Law on Land No.
31/2024/QH15 dated January 18, 2024 of the National Assembly, which has been
effective since July 01, 2024[1];
5. The Law on Road No.
35/2024/QH15 dated June 27, 2023 of the National Assembly, which comes into
force from January 01, 2025;
6. The Law on National Defense and Security Industry and Industrial
Mobilization dated June 27, 2024 of the National Assembly, which comes into
force from July 01, 2025;
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Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Planning[2].
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
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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. “technically
specialized planning” means the planning that is aimed at realizing
national, regional and provincial planning. The technically specialized
planning includes the planning specified in the Appendix 2 of this Law.
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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.
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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.
2. Regional planning.
3. Provincial planning.
4. Special
administrative-economic unit planning.
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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.
3. 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.
4. The urban planning and
rural planning shall be conformable to the national planning, regional planning
and provincial planning.
Article 7. Procedures
for planning
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a) Formulate, appraise
and approve planning tasks;
b) Organize formulation
of planning.
2. Appraise planning.
3. Decide or approve
planning.
4. Announce planning.
5. 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.
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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
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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 individuals on 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.
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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 individuals in 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
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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;
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2. 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.
3. 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;
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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.
2. 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.
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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.
4. Procedures for
formulation of the provincial planning:
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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
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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.
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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.
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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:
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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;
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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.
3. 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 technically specialized 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;
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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;
3. 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 technically specialized planning for
development of the contents specified in Clause 2 of this Article shall be
carried out in accordance with relevant regulations of law.
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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.[3] 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) Determination of
viewpoints and objectives for land use during the new period;
d) Land use orientation
of the country and socio-economic regions, land use vision meeting the
requirements for socio-economic development; assurance of national defense,
security; environmental protection and adaption to climate change;
dd) Determination of land
use quotas applicable to agricultural land category, non-agricultural land
category; including determination of the area of rice cultivation land,
special-use forest land, protection forest land, natural production forest
land, national defense land or security land;
e) Solutions and
resources for development of the land use planning.
3. The Government shall
elaborate the contents of the national land use planning that are specified in
clause 2 of this Article.
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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.
3. 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;
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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.
4. 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;
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h) Solutions and
resources for planning implementation.
4a. [5] The national
defense land use planning or security land use planning includes the following
main parts:
a)
National defense or security land use orientation;
b)
Determination of the need to use national defense or security land during the
land use planning period in accordance with the national comprehensive
planning; national defense or security tasks and the national socio-economic
development plan;
c) Phasing of the
national defense/security land use planning for each 05-year plan period;
d) Solutions and
resources for implementing the national defense/security land use planning.
5. 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;
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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.
6. 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.
7.[6]
The Government shall elaborate the contents of the national sector planning
that are specified in clauses 3, 4, 4a, 5 and 6 of this Article and provide for
integration of planning into the national sector planning.
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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;
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h) Solutions and
resources for planning implementation.
3. 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 technically specialized 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;
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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)[7] Land use
orientation up to each district-level administrative division;
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;
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p) Solutions and
resources for planning implementation.
3. 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 technically specialized 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
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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.
4. The Government shall
elaborate this Article.
Article 31.
Applications for planning appraisal
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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.
2. 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:
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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.
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Article 34. 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. A draft planning
decision or approval;
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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 36. 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;
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c) Feasibility of the planning
and conditions for ensuring resources and finance for planning implementation.
4. 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
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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;
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3. 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.
2. 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.
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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.
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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).
2. Planning documents
shall be archived in accordance with regulations of the Law on Archives.
Chapter IV
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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
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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.
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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 31,
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:
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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.
3. 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. ADJUSTMENT
TO PLANNING
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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:
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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.
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The People’s Committees
of the provinces shall submit the guidelines for adjustments to the provincial
planning to the Prime Minister for approval.
2. 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.
3. 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:
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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.
4. 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;
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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.
5. 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.
6. 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)[8] (abrogated)
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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 VI
IMPLEMENTATION CLAUSE[9]
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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.”.
2. 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;”.
3. 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;”;
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“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.
4. 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;”.
4. Article 58 of the Law
on National Reserve No. 22/2012/QH13 is amended as follows:
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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.
3. 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.”.
5. Article 8 of the Law
on Vocational Education No. 74/2014/QH13 is amended as follows:
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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.
3. 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.
4. 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.”.
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“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.".
7. 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;”;
d) Clause 3 of Article 38
is amended as follows:
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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.”.
8. 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.”;
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“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.”.
9. 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
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;
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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.
2. 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.
3. 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.
4. 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.
5. 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.
CERTIFIED BY
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APPENDICES
(Enclosed with the Law on Planning
No. 21/2017/QH14)
APPENDIX I
LIST OF NATIONAL SECTOR PLANNING
No.
NAME OF PLANNING
I
INFRASTRUCTURE
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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
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National
hydrometeorological station network planning
7.
Comprehensive
energy planning
8.
Power development
planning
9.
Oil and gas storage and
supply infrastructure planning
10.
Information and
communication infrastructure planning
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Press agency,
broadcasting and electronic information establishment and publisher
network development 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
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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
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Fishing port and
anchorage system planning
No.
NAME OF PLANNING
22.
Health facility network
planning
23.
Comprehensive planning
for national reserve warehouse system
24.[11]
Planning for systems of
national defense works, military zones, and ammunition depots.
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Planning for national
defense industry.
24b.[13]
Planning for security
industry.
25.
Fire prevention and
fighting infrastructure planning
26.
Urban and rural system
planning
27.
National defense and
security education center network planning
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USE 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
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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
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Security land use
planning
III
ENVIRONMENTAL
PROTECTION
38.
Environmental
protection planning
IV
BIODIVERSITY
CONSERVATION
39.
Comprehensive
biodiversity conservation planning
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Appendix II
LIST OF TECHNICALLY SPECIALIZED PLANNING
No.
NAME OF PLANNING
REGULATED BY
1a.[14]
Provincial land use
planning
Law on Land No.
31/2024/QH15
1.
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Law on Land No.
45/2013/QH13
2.
National comprehensive
environmental monitoring planning
Law on Environmental
Protection No. 55/2014/QH13
3.[15]
Comprehensive
inter-provincial river basin planning
Law on Water Resources
No. 28/2023/QH15
4.
Planning for
protection, exploitation and use of transboundary water sources
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5.
Comprehensive planning
for baseline survey of water resources
Law on Water Resources
No. 17/2012/QH13
6.
Planning for zones free
of the harmful organisms
Law on Plant Protection
and Quarantine No. 41/2013/QH13
7.
Irrigation planning
Law on Irrigation
No.08/2017/QH14
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Planning for flood
control on diked river routes
Law on Flood Control
System No. 79/2006/QH11
9.
Flood control system
planning
Law on Flood Control
System 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.
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Law on Construction
No.50/2014/QH13
12.
Relic preservation and
rehabilitation planning
Law 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 planning
Law 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 people
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15.
Planning for aged care
homes
Law on Elderly People
No. 39/2009/QH12
16.
Higher education
institution network planning
Law on Higher Education
No. 08/2012/QH13
17.
Provincial planning for
a network of vocational education and training institutions of provinces,
Ministries and ministerial authorities
Law on Vocational Education
and Training No. 74/2014/QH13
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Border checkpoint
planning; railway line and station planning; airport and aerodrome planning
Law 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 regions
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
20.
Detailed planning for a
cluster of seaports, ports, wharves, floating terminals and dedicated waters
Vietnam Maritime Code
No. 95/2015/QH13
21.
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Vietnam Maritime Code
No. 95/2015/QH13
22.
Inland port system
development planning
Vietnam Maritime Code
No. 95/2015/QH13
23.[16]
Road infrastructure
planning
Law on Road No.
35/2024/QH15
24.
Atomic energy
development and application planning
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25.
Nuclear power
development planning
Law on Atomic Energy
No. 18/2008/QH12
26.
Planning for system of
medical establishments
Law on Medical
Examination and Treatment No. 15/2023/QH15[17]
27.
National
telecommunications development planning
Law on
Telecommunications No. 41/2009/QH12
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Planning for
telecommunications number storages
Law on
Telecommunications No. 41/2009/QH12
29.
Internet resource
planning
Law on
Telecommunications No. 41/2009/QH12
30.
Passive
telecommunications infrastructure planning
Law on
Telecommunications No. 41/2009/QH12
31.
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Law on Radio
Frequencies No. 42/2009/QH12
32.
Public postal network
development planning
Law on Post No.
49/2010/QH12
33.
Detailed planning for a
network of national reserve warehouses
Law on National Reserve
No. 22/2012/QH13
34.
Planning for national
defense works and military zones
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35.
National sea use
planning
Law on Vietnamese Sea
No. 18/2012/QH13
36.
Outdoor advertising
planning
Law on Advertising No.
16/2012/QH13
37.
Planning for animal
epidemic-free zones and establishments
Law on Veterinary
Medicine No. 79/2015/QH13
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Planning for
state-owned testing system
Law on Pharmacy No. 105/2016/QH13
39.
Other technically
specialized 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.
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POINTS, CLAUSES AND ARTICLES TO BE AMENDED
1.
Vietnam Maritime Code
No. 95/2015/QH13
Clause 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/QH13
Clause 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/QH12
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4.
Law on Chemicals No.
06/2007/QH12
Article 8, Article 9,
Clause 3 of Article 49
5.
Law on Biodiversity No.
20/2008/QH12
Article 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/QH13
Clause 3 of Article 4,
Article 20, Clause 1 of Article 21
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Law on Environmental
Protection No. 55/2014/QH13
Article 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/QH13
Article 26, Article 27,
Article 28, Article 29, Article 30, Article 31, Article 32
9.
Law on Land No.
45/2013/QH13
Article 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.
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Clauses 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/QH13
Clause 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/QH13
Article 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/QH13
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14.
Law on Science and
Technology No.29/2013/QH13
Article 10, Clauses 2
and 3 of Article 67
15.
Law on Higher Education
No. 08/2012/QH13
Article 11, Point a,
Clause 1 of Article 22
16.
Law on Construction
No.50/2014/QH13
Point 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
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Law on Urban Planning
No. 30/2009/QH12
Clause 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/QH13
Clause 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 Flood Control
System No. 79/2006/QH11
Article 12, Article 13,
Article 14, Article 16, Article 17, Article 18, Article 19
20.
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Clause 2 of Article 45,
Clauses 1 and 2 of Article 57
21.
Law on Investment No.
67/2014/QH13
Clause 1 of Article 20,
Article 21
22.
Law on Public
Investment No. 49/2014/QH13
Article 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/QH13
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24.
Law on Economical and
Efficient Use of Energy No. 50/2010/QH12
Point b, Clause 1 and
Clause 2 of Article 6
25.
Law on Irrigation
No.08/2017/QH14
Clause 5 of Article 11,
Article 12, Article 13, Article 14, Point b, Clause 1 of Article 57
[1] The effective date of
the Law on Land No. 31/2024/QH15 is now August 01, 2024 (previously January 01,
2025) according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June
29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law
on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and
Law on Credit Institutions No. 32/2024/QH15, which has been effective since
August 01, 2024.
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“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Medical Examination and Treatment.”.
Preludes
to the Law on Prices No. 16/2023/QH15:
“The
Constitution of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Prices.”.
Preludes to the Law on
Water Resources No. 28/2023/QH15:
“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Water Resources.”.
Preludes to the Law on
Land No. 31/2024/QH15:
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The National Assembly
hereby promulgates the Law on Land.”.
Preludes to the Law on
Road No. 35/2024/QH15:
“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Road.”.
Preludes to the Law on
National Defense and Security Industry and Industrial Mobilization No.
38/2024/QH15:
“The Constitution of
the Socialist Republic of Vietnam;
Preludes to the Law on
National Defense and Security Industry and Industrial Mobilization.”.
Preludes to the Law No.
43/2024/QH15 on amendments to certain Articles of Law on Land No. 31/2024/QH15,
Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15
and Law on Credit Institutions No. 32/2024/QH15:
“The Constitution of
the Socialist Republic of Vietnam;
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[3] This clause is
amended by clause 1 Article 243 of the Law on Land No. 31/2024/QH15 coming into
force from August 01, 2024 according to clause 2 Article 1 of the Law No.
43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on
Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate
Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[4] This introductory
paragraph is amended by point a clause 2 Article 243 of the Law on Land No.
31/2024/QH15 coming into force from August 01, 2024 according to clause 2
Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to
certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No.
27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit
Institutions No. 32/2024/QH15.
[5] This clause is added
by point b clause 2 Article 243 of the Law on Land No. 31/2024/QH15 coming into
force from August 01, 2024 according to clause 2 Article 1 of the Law No.
43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on
Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate
Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[6] This clause is added
by point c clause 2 Article 243 of the Law on Land No. 31/2024/QH15 coming into
force from August 01, 2024 according to clause 2 Article 1 of the Law No. 43/2024/QH15
dated June 29, 2024 on amendments to certain Articles of Law on Land No.
31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No.
29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[7] This point is added
by clause 3 Article 243 of the Law on Land No. 31/2024/QH15 coming into force
from August 01, 2024 according to clause 2 Article 1 of the Law No.
43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on
Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate
Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[8] This point is
abrogated by clause 14 Article 73 of the Law on Prices 16/2023/QH15, which has
been effective since July 01, 2023.
[9] Article 120 of the
Law on Medical Examination and Treatment No. 15/2023/QH15, coming into force
from January 01, 2024, stipulates that:
“Article
120. Effect
1.
This Law is coming into force as from January 01, 2024, except as defined in
clause 3, 4, 5, 6, 7, 8 and 9 of this Article.
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3.
Vietnam’s National Medical Council (VNMC) shall have the duty to conduct
qualification tests in accordance with the following regulations:
a)
The qualification test shall be held for the title of doctor from January 1,
2027;
b)
The qualification test shall be held for the title of physician, nurse or
midwife from January 1, 2028;
c)
The qualification test shall be held for the title of medical technician,
clinical nutritionist, out-of-hospital paramedic or clinical psychologist from
January 1, 2029.
4.
The Vietnamese language proficiency conditions applied to foreigners that are
set out in point c of clause 1 of Article 19 and point c of clause 2 of Article
30 herein shall be in force on January 1, 2032.
5.
Regulations pertaining to information technology infrastructure that are set
forth in point d of clause 2 of Article 52 herein shall be implemented as
follows:
a)
From January 1, 2027, these regulations shall be applied to application
packages for operating licenses that are submitted from January 1, 2027;
b)
By January 1, 2029 at the latest, these regulations shall be applied to medical
establishments awarded operating licenses prior to January 1, 2027.
6.
Quality standards specified in point a of clause 1 of Article 57 herein shall
be applied as follows:
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b)
These quality standards shall be applied to other forms of organization of
medical establishment from January 1, 2027.
7.
Regulations on levels of professional and technical expertise in healthcare set
out in Article 104 herein shall be in force as from January 1, 2025.
8.
The healthcare management information system shall be completely built and put
to use ahead of January 1, 2027.
9.
Health bodies of provincial People’s Committees shall issue, re-issue, modify
or revise, revoke or withdraw operating licenses of private hospitals from
January 1, 2027.”.
Articles
74 and 75 of the Law on Prices No. 16/2023/QH15, coming in force from July 01,
2024, stipulate as follows:
“Article
74. Effect
1.
This Law comes into force from July 01, 2024, unless otherwise prescribed in
Clause 2 of this Article.
2.
Clause 2 Article 60 of this Law comes into force from January 1, 2026. From
July 1, 2024 to the end of December 31, 2025, each valuation council shall have
at least 1 member having one of the following professional certificates:
a)
College diploma, or higher, in prices or valuation;
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c)
Certificate of completion of professional training course in valuation;
d)
Certificate of completion of advanced training course in state valuation.
3.
The Law on Prices No. 11/2012/QH13, as amended by the Law No. 61/2014/QH13, the
Law No. 64/2020/QH14 and the Law No. 07/2022/QH15 (hereinafter referred to as
“Law on Prices No. 11/2012/QH13") shall cease to have effect from the
effective date of this Law, except provisions of Article 75 of this Law.
Article
75. Transition
1.
Within 12 months after this Law comes into force, valuation enterprises issued
with certificates of eligibility to provide valuation services under the Law on
Prices No. 11/2012/QH13 shall be required to meet all of eligibility
requirements for valuation services laid down in this Law. After the abovementioned
period, if any valuation enterprise fails to meet eligibility requirements for
valuation services laid down in this Law, its certificate of eligibility to
provide valuation services shall be revoked by the Ministry of Finance of
Vietnam.
2. Holders of valuer
certificates issued in accordance with the Law on Prices No. 11/2012/QH13 may
apply for practice in asset valuation and business valuation in accordance with
provisions of this Law.”..
Articles
85 and 86 of the Law on Water Resources No. 28/2023/QH15, coming in force from
July 01, 2024, stipulate that:
“Article
85. Effect
1. This Law comes into
force from July 01, 2024, unless otherwise prescribed in Clauses 3 and 4 of
this Article.
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3. The fee for right
to exploit water resources to be supplied for domestic activities as prescribed
in point b clause 1 Article 69 of this Law shall be charged from July 01, 2025.
4. The exploitation of
groundwater by households as prescribed in clause 4 Article 52 of this Law
shall be registered from July 01, 2026.
Article
86. Transition
1. The license to
practice groundwater drilling or a water resource license which has been issued
as per the Law No. 17/2012/QH13 shall still remain valid and may be extended,
otherwise modified or re-issued as prescribed by this Law.
2. Any organization or
individual in the case mentioned in point b clause 1 Article 69 of this Law
that is granted a water resource license for supply to domestic activities
prior to the effective date of this Law shall pay the fee for right to exploit
water resources for domestic activities as prescribed by this Law and complete
declaration serving calculation of the fee for water resource exploitation
right by December 31, 2025 at the latest.
3. Any organization or
individual in the case mentioned in point b clause 1 Article 69 of this Law
that is granted a water resource license for supply to agriculture prior to the
effective date of this Law but is not required to pay the fee for water
resource exploitation right as per the Law No. 17/2012/QH13 is not required to
pay the fee for water resource exploitation right for the amount of water
supplied to agriculture until the expiry date written on the water resource
license.
4. Any organization or
individual in the case mentioned in point b clause 1 Article 69 of this Law
that has their permit for exploiting surface water for supply to agriculture
issued or extended as prescribed by this Law shall pay the fee for water
resource exploitation right as per this Law at the same time the fee for using
irrigation products or services is collected if the State does not provide
financial support for use of public irrigation products or utilities under
regulations of law on irrigation and law on prices.
5. Any application for
issuance, extension, adjustment or re-issuance of the license to practice
groundwater drilling or the water resource license that is submitted before the
effective date of this Law but has yet to be processed may be processed as per
the Law No. 17/2012/QH13, except for the case of applying for issuance of the
license as per this Law.
6. For any hydraulic
structure which was built and operated before January 01, 2013 but has yet to
have its exploitation and use of water resources registered and licensed before
the effective date of this Law, it is required to complete the procedures for
registering and licensing exploitation of water resources as prescribed by this
Law by June 30, 2027 at the latest.
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8. Any organization or
individual in the cases specified in points e and g clause 5 Article 52 of this
Law that possesses a lake, pond, canal or ditch to create space for collection,
storage or conveyance of water or create landscapes and uses river, stream,
canal, ditch or reservoir water surface for aquaculture, business and service
provision before the effective date of this Law shall complete procedures for
registering their use of water as per this Law by June 30, 2026 at the
latest.”.
Article 252 and Article
253 of the Law on Land No. 31/2024/QH15, which has been effective since August
01, 2024, stipulate that:
“Article 252.
Effect
1. This Law comes into
force from January 01, 2025, except for the cases specified in clauses 2 and 3
of this Article.
2. Article 190 and
Article 248 of this Law come into force from April 01, 2024.
3. The formulation and
approval of land use planning may continue complying with Resolution No.
61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to
strengthen the effect and efficiency of policies and laws on planning and a
number of solutions to remove difficulties, speed up the formulation and
improve the quality of planning for the 2021-2030 period.
Clause 9 Article 60 of
this Law comes into force from the date on which Resolution No. 61/2022/QH15
ceases to have effect.
4. Land Law No.
45/2013/QH13 which was amended by Law No. 35/2018/QH14 (hereinafter referred to
as “Land Law No. 45/2013/QH13”) shall cease to have effect from the effective
date of this Law.
Article
253. Transitional provisions on land use planning and plans when this Law comes
into force
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2. A local authority
that has provincial planning for the period of 2021 - 2030 approved according
to planning laws before the effective date of this Law may continue adopting
the plan for land distribution and zoning in the provincial planning to perform
land management until the end of the planning period. The adjustment to the
provincial planning shall comply with Law on Planning No. 21/2017/QH14.”.
Article 85 of the Law on
Road No. 35/2024/QH15 dated June 27, 2023 of the National Assembly, which comes
into force from January 01, 2025, stipulates that:
“Article
85. Entry into force
1. This Law comes into
force from January 01, 2025, except clause 2 of this Article.
2. Point a and point b
clause 2 Article 42, Article 43, Article 50, clause 1 Article 84 hereof come
into force from October 01, 2024.
3. The Law on Road
Traffic No. 23/2008/QH12 amended by the Law No. 35/2018/QH14 and the Law No.
44/2019/QH14 shall cease to have effect from the effective date of this Law,
except Article 86 of this Law.”.
Article 85 of the Law on
National Defense and Security Industry and Industrial Mobilization No.
38/2024/QH15, which comes into force from July 01, 2025, stipulates that:
“Article 85. Entry
into force
1. This Law comes into
force as of July 01, 2025.
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Article 5 of the Law No.
43/2024/QH15 dated June 29, 2024 of the National Assembly on amendments to
certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No.
27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit
Institutions No. 32/2024/QH15, which has been effective since August 01, 2024,
stipulates that:
“This Law comes into
force as of August 01, 2024.”.
[10] The Law on Medical
Examination and Treatment No. 40/2009/QH12 amended by the Law No. 21/2017/QH14
ceasing to have effect from January 01, 2024 according to clause 2 Article 120
of the Law on Medical Examination and Treatment No. 15/2023/QH15, which has
been effective since January 01, 2024.
[11] This point is
amended by clause 1 Article 84 of the Law on National Defense and Security
Industry and Industrial Mobilization No. 38/2024/QH15, which comes into force
from July 01, 2025.
[12] This point is added
by clause 1 Article 84 of the Law on National Defense and Security Industry and
Industrial Mobilization No. 38/2024/QH15, which comes into force from July 01,
2025.
[13] This point is added
by clause 1 Article 84 of the Law on National Defense and Security Industry and
Industrial Mobilization No. 38/2024/QH15, which comes into force from July 01,
2025.
[14] This point is added
by clause 4 Article 243 of the Law on Land No. 31/2024/QH15 coming into force
from August 01, 2024 according to clause 2 Article 1 of the Law No.
43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on
Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate
Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[15] This point is
amended by clause 1 Article 84 of the Law on Water Resources No. 28/2023/QH15,
which has been effective since July 01, 2024.
[16] This point is
amended by clause 2 Article 84 of the Law on Road No. 35/2024/QH15, which has
been effective since January 01, 2025.
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