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OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 16/VBHN-VPQH
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Hanoi, August 02, 2023
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LAW
ON PLANNING
The Law No. 21/2017/QH14 dated
November 24, 2017 of the National Assembly on Planning, which comes into force
from January 01, 2019 is amended by:
1. The Law No.
15/2023/QH15 dated January 09, 2023 of the National Assembly on Medical
Examination and Treatment, which comes into force from January 01, 2024;
2. The Law No.
16/2023/QH15 dated June 19, 2023 of the National Assembly on Prices, which
comes into force from July 01, 2024;
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Planning [1].
Chapter
I
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Article
1. Scope
This Law provides for
formulation, appraisal, decision or approval, announcement, implementation,
assessment and adjustment to the planning under the national planning system;
responsibility for state management of planning.
Article
2. Regulated entities
This Law applies to
agencies, organizations and individuals involved in the formulation, appraisal,
decision or approval, announcement, implementation, assessment and adjustment to
the planning under the national planning system and other relevant agencies,
organizations and individuals.
Article
3. Definition of terms
In this Law, the terms
below are construed as follows:
1. “planning” means
the spatial arrangement and distribution of socio-economic, national defense
and security activities in combination with infrastructure development, use of
natural resources and environmental protection in a defined territory in order
to effectively use the resources of country in service of sustainable
development for a definite period of time.
2. “national
comprehensive planning” means the national and strategic planning towards
zoning and interconnecting regions of a territory, including mainland, islands,
archipelagoes, territorial waters and airspace; urban and rural systems;
infrastructure; use of natural resources and environmental protection; natural
disaster management, climate change resilience, assurance of national defense
and security and international integration.
3. “national marine
spatial planning” means the national planning that is aimed at realizing
the national comprehensive planning for zoning of various fields and sectors
within coastal areas, islands, archipelagoes, territorial waters and airspace
that belong to sovereignty, sovereign rights and national jurisdiction of
Vietnam.
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5. “national sector
planning” means the national planning that is aimed at realizing the
national comprehensive planning according to sectors on the basis of
interconnection of sectors and regions related to infrastructure, use of
natural resources, environmental protection and biodiversity conservation.
6. “region” means
a part of a national territory that includes some neighboring provinces and
central-affiliated cities adjacent to some river basins or has similarities in
natural and socio-economic conditions, history, population and infrastructure,
and has an interrelationship that makes a strong connection.
7. “regional planning”
means the planning that is aimed at realizing the national comprehensive
planning at regional level in terms of spaces used for socio-economic, national
defense and security activities, urban system and rural population
distribution, development of inter-provincial regions, infrastructure, water
resources of river basins, use of natural resources and environmental
protection on the basis of provincial interconnection.
8. “provincial
planning” means the planning that is aimed at realizing the national
comprehensive planning and regional planning at provincial level in terms of
spaces used for socio-economic, national defense and security activities, urban
system and rural population distribution, land allocation, infrastructure, use
of natural resources and environmental protection on the basis of
interconnection of national, regional, urban and rural planning.
9. “detailed planning”
means the planning that is aimed at realizing national, regional and
provincial planning. The detailed planning includes plannings specified in the
Appendix 2 of this Law.
10. “integrated
planning” means an approach that integrates fields and sectors related to
infrastructure, use of natural resources and environmental protection in a
uniform manner upon the formulation of the planning in a define territory in
order to achieve the goal of balanced, harmonious, effective and sustainable
development.
11. “planning” includes
formulation, appraisal, decision or approval, announcement, implementation,
assessment and adjustment to 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.
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Article
4. Basic principles of planning
1. Comply with regulations
of this Law, other relevant regulations of law and international treaties to
which the Socialist Republic of Vietnam is a signatory.
2. Ensure uniformity
between the planning and the socio-economic development strategy and plan,
ensure the combination of the sector management and territorial management;
ensure national defense and security; protect the environment.
3. Ensure compliance,
continuity, inheritance, stability and hierarchy in the national planning
system.
4. Ensure participation
of the people, the public, other organizations and individuals; ensure harmony
of national interests, interests of regions and areas and the people with an
emphasis on national interests; ensure gender equality.
5. Ensure scientism,
application of modern technology, interconnection, forecast, feasibility,
economization and effective use of national resources; ensure objectivity,
publicity, transparency and conservation.
6. Ensure independence
between the planning authority and planning appraisal council.
7. Provide resources to
implement planning.
8. Ensure uniform state
management of planning, appropriate assignment and authorization among
regulatory authorities
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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.
Special
administrative-economic unit planning is decided by the National Assembly.
5. Urban planning, rural planning.
Article
6. Relationship among 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.
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In the event that the
national sector planning is inconsistent with the national marine spatial
planning and national land use planning or the national sector 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
1. Formulate planning:
a) Formulate, appraise
and approve planning tasks;
b) Organize formulation
of planning.
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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 formulate
planning.
2. The planning under the national planning system covers a
period of 10 years. The orientations of the national planning cover a period of
30 - 50 years. The orientations of the regional planning and provincial
planning cover a period of 20 - 30 years.
Article
9. Costs of planning
1. The costs of formulation, appraisal, decision or approval,
announcement and adjustment to 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.
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1. The State shall manage socio-economic development, ensure national
defense and security and protect the environment according to the decided or
approved planning.
2. The State shall introduce policies on encouragement and
mobilization of resources to promote sustainable development in association
with environmental protection and climate change resilience according to the
decided or approved planning.
3. The State shall introduce policies on encouraging domestic
and foreign organizations and individuals to provide resources for planning in
an objective, public and transparent manner.
4. The State shall introduce policies on encouraging and
enabling organizations and individuals of all economic sectors to participate
in planning.
5. The State shall introduce policies on promotion of
international cooperation in planning.
Article
11. International cooperation in planning
1. International cooperation in planning is aimed at ensuring
that the planning is compliant with international integration requirements and
basic principles of planning specified in Article 4 of this Law.
2. The main international cooperation activities include
experience sharing, application of new science and technology, provision of
training and mobilization of human resources for planning.
3. International cooperation in planning shall be conformable
to Vietnam’s diplomatic policies; ensure application of the principle of peace,
cooperation and friendship on the basis of respect for independence,
sovereignty and territorial integrity, mutual benefit, Vietnam’s law and
relevant international treaties to which the Socialist Republic of Vietnam is a
signatory.
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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.
2. Formulating, appraising, deciding or approving, and
adjusting planning for investment in and development of specific goods,
services and products, determination of the volume of goods, services and
products that are produced and sold.
3. Selecting the planning consultancy and independent
reviewers that fail to satisfy qualification requirements suitable for their
assigned tasks or in contravention of law.
4. Obstructing the public, other organizations and individuals
in offering opinions.
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6. Failing to properly implement the decided or approved
planning.
7. Illegally interfering in or obstructing planning.
Chapter
II
PLANNING
FORMULATION
SECTION
1. ORGANIZING PLANNING FORMULATION
Article
14. Power to organize planning formulation
1. The Government shall organize formulation of the national
comprehensive planning, national marine spatial planning and national land use
planning.
2. The Prime Minister shall organize formulation of regional
planning
3. Ministry and ministerial authorities shall organize
formulation of national sector planning.
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Article
15. Planning tasks
1. Planning tasks
include:
a) Bases for planning
formulation;
b) Requirements for
planning contents and planning formulation methods;
c) Costs of planning
formulation;
d) Time limit for
planning formulation;
dd) Responsibilities of
relevant authorities for organization of planning formulation.
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;
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3. The Government shall
elaborate this Article.
Article
16. Planning formulation procedures
1. Procedures for
formulation of the national comprehensive planning, national marine spatial
planning and national land use planning:
a) The planning authority
shall take charge and cooperate with Relevant Ministries, ministerial authorities
and local governments in determining planning tasks and submitting them to the
Government for approval.
b) The planning authority
shall select a planning consultancy; take charge and cooperate with relevant
Ministries, ministerial authorities and local governments in formulating
planning; analyze, assess and forecast factors, conditions, resources,
development situation, assess national socio-economic development, propose
viewpoints, objectives and prioritized development orientations serving as a
basis for planning formulation;
c) Relevant Ministries,
ministerial authorities and local governments shall select a consultancy to
develop the parts of the planning contents and appraise such parts before they
are submitted to the planning authority;
d) The planning authority
shall take charge and cooperate with Relevant Ministries, ministerial
authorities and local governments in considering and addressing common,
inter-regional and inter-provincial issues to ensure uniformity and
effectiveness of the planning; propose adjustments to contents of the planning
developed by relevant Ministries, ministerial authorities and local
governments;
dd) Relevant Ministries,
ministerial authorities and local governments shall adjust and complete parts
of the planning and send them to the planning authority;
e) The planning authority
shall complete the planning and send it for enquiry as prescribed in Article 19
of this Law;
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h) The planning authority
shall complete the planning according to the conclusion of the planning
appraisal council, and 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, and report it to the Minister, who will submit it to the
Prime Minister for approval.
3. Procedures for formulation of the regional planning:
a) The planning authority
shall take charge and cooperate with Relevant Ministries, ministerial
authorities and local governments in determining planning tasks and submitting
them to the Prime Minister for approval.
b) The planning authority
shall select a planning consultancy; take charge and cooperate with Relevant
Ministries, ministerial authorities and local governments in formulating
planning; analyze, assess and forecast factors, conditions, resources, development
situation, assess regional socio-economic development, propose viewpoints,
objectives and prioritized development orientations serving as a basis for
planning formulation;
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d) The planning authority
shall take charge and cooperate with Relevant Ministries, ministerial
authorities and local governments in considering and addressing common,
inter-regional and inter-provincial issues to ensure uniformity and
effectiveness of the planning; propose adjustments to contents of the planning
developed by relevant Ministries, ministerial authorities and local
governments;
dd) Relevant Ministries,
ministerial authorities and local governments shall adjust and complete 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:
a) The planning authority
shall take charge and cooperate with relevant authorities, the People’s
Committees of districts in determining planning tasks, reporting them to the
People’s Committees of provinces, which will submit them to the Prime Minister
for approval;
b) The planning authority
shall select a planning consultancy; take charge and cooperate with relevant
authorities and the People’s Committees of districts in formulating planning;
analyze, assess and forecast factors, conditions, resources, development
situation, assess local socio-economic development, propose viewpoints,
objectives and prioritized development orientations serving as a basis for
planning formulation;
c) Relevant authorities
and the People’s Committees of districts shall propose the contents to be
included in the planning under their management and send them to the planning
authority;
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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 Committee of province;
i) The People’s Committee
of the province shall submit the planning to the People's Council of the
province, which will submit it to the Prime Minister for approval.
Article
17. Planning consultancy
1. Planning authorities,
Ministries, ministerial authorities and local governments shall select planning
consultancies in accordance with regulations of the Law on Bidding.
2. A planning consultancy shall have a legal status and
satisfy qualification requirements suitable for its assigned tasks in
accordance with regulations of the Government.
Article
18. Strategic environmental assessment during planning formulation
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2. The strategic
environmental assessment report shall be prepared and appraised at the same
time the planning is formulated and appraised.
3. The contents of the
strategic environmental assessment report upon planning formulation are
specified in the Law on Environmental Protection.
Article
19. Seeking opinions on planning
1. The planning authority
shall seek opinions from Ministries, ministerial authorities, People’s
Committees at all levels of relevant local governments, the public, and other
organizations and individuals related to planning, except for those related to
the national sector planning, their opinions shall be sought by the authority
organizing formulation of the planning. For the regional and provincial
planning, the planning authority shall seek opinions from the People’s Committees
of provinces of adjacent areas.
2. Opinions of
organizations and individuals shall be sought through submission of documents
and website of the planning authority. The enquired organizations shall give
written responses.
3. The public’s opinions
on the planning shall be sought through website of the planning authority,
public places, questionnaires, conferences, workshops and in other forms in
accordance with regulations of the law on exercise of democracy in communes,
wards and townships.
4. Opinions must be
considered, responded to and reported to a competent authority before the
planning is appraised, decided or approved. The planning authority shall make
opinions and responses to opinions publicly available.
5. The Government shall
elaborate seeking of opinions on each type of planning.
Section
2. PLANNING CONTENTS
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1. Socio-economic
development strategy and field and sector development strategy during the same
development period.
2. Planning at a higher
level.
3. Planning of the
previous period.
Article
21. Requirements for contents of the planning
1. Ensure the fulfillment
of requirements for planning and developing entire national territory towards
sustainable development in association with environmental protection, natural
disaster management and climate change resilience; distribute, extract and use
natural resources in a proper and effective manner and preserve
historical-cultural relics, cultural heritages and natural heritages for
present and future generations.
2. Regarding the spatial
distribution during planning formulation, ensure uniformity between
infrastructure, land allocation and environmental protection, ecosystem
services.
3. Ensure connection,
uniformity and systematism between sectors and regions nationwide, between
areas in the regions and take maximum advantage of the existing infrastructure;
fully exploit potentials and advantages of each region and area in association
with social progress and equality and assurance of social security and national
defense and security.
4. Maintain a balance
between socio-economic factors, national defense and security, and
environmental protection during planning formulation.
5. Secure reduction in
negative effects of socio-economic development and environment on the
livelihood of the public, elderly people, disabled people, ethnics, women and
children. The planning shall be formulated in combination with other policies
to promote development in disadvantaged and extremely disadvantaged areas and
ensure sustainable livelihood of the people in disadvantaged and extremely
disadvantaged areas.
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7. Protect the public’s
and other organizations and individuals’ right to offer their opinions during
planning formulation.
8. Ensure scientism and
apply modern technology during planning formulation; meet technical standards
and regulations and conform to the country’s needs for development and
international integration.
9. Ensure uniformity and
connection in planning contents, which shall be shown in a planning report and
system of planning diagrams, maps and database.
Article
22. Contents of the national comprehensive planning
1. The national
comprehensive planning shall specify spatial distribution and arrangement of
nationally or internationally important socio-economic, defense, security and
environmental protection activities as well as inter-regionally strategic ones
in the territory of Vietnam, including mainland, islands, archipelagoes,
territorial waters and airspace.
2. The national comprehensive planning includes the
following main parts:
a) Analysis and
assessment of natural conditions, national development, national and international
development trend, major development policies and orientations, relevant
planning and plans, and resources; scientific and technological development
trends; national defense and security areas; nature reserves; areas that need
to be preserved or rehabilitated, historical-cultural relics, scenic beauties
and subjects already inventoried; areas where extraction and use are restricted
and areas where development is encouraged in accordance with relevant
regulations of law.
b) Viewpoints and objectives
for development;
c) Forecast about
development trends and developmental scenarios;
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dd) Orientation for
marine space development;
e) Orientation for
national land use;
g) Orientation for
airspace exploitation and use;
h) Orientation for zoning
and regional interconnection;
i) Orientation for
development of national urban and rural system;
k) Orientation for
development of national social infrastructure;
l) Orientation for development
of national technical infrastructure;
m) Orientation for use of
natural resources, environmental protection, natural disaster management and
climate change resilience;
n) List of nationally
important projects and their execution in order of priority;
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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 detailed planning for development of
the contents specified in Clause 2 of this Article shall be carried out in
accordance with relevant regulations of law.
Article
23. Contents of the national marine spatial planning
1. The national marine
spatial planning shall specify zoning and spatial arrangement, distribution and
organization of various fields and sectors within coastal areas, islands,
archipelagoes, territorial waters and airspace that belong to sovereignty,
sovereign rights and national jurisdiction of Vietnam.
2. The national marine
spatial planning includes the following main contents:
a) Analysis and
assessment of factors, natural conditions, resources, conditions directly
affecting and use of spaces for carrying out activities within coastal areas,
islands, archipelagoes, territorial waters and airspace that belong to
sovereignty, sovereign rights and national jurisdiction of Vietnam;
b) Areas where extraction
is prohibited, conditional extraction areas, areas where development is
encouraged, areas that need to be provided with special protection for the
purposes of national defense, security, environmental protection and
preservation of ecosystem within coastal areas, islands, archipelagoes,
territorial waters and airspace that belong to sovereignty, sovereign rights
and national jurisdiction of Vietnam;
c) Forecast about 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) Forecast about
developmental context and scenarios; assessment of opportunities and challenges
to activities requiring marine space;
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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 detailed planning for development of
the contents specified in Clause 2 of this Article shall be carried out in
accordance with relevant regulations of law.
Article
24. Contents of the national land use planning
1. The national land use
planning shall specify distribution and organization of spaces used for the
purposes of socio-economic development, national defense and security
assurance, environmental protection, natural disaster management and climate
change resilience according to land potentials and demand for land use by
inter-regional and inter-provincial fields and sectors.
2. The national land use
planning includes the following main parts:
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b) Forecast about trends
in fluctuation of land use;
c) Viewpoints and
objectives for land use during the new period;
d) Orientation for
distribution of spaces and quotas for use of farming land and forest land;
dd) Orientation for
distribution of spaces and quotas for use of non-farming land;
e) Unused land space;
g) Solutions and
resources for planning implementation.
3. The Government shall elaborate
the contents of the national land use planning that are specified in Clause 2
of this Article.
Article
25. Contents of the national sector planning
1. The national sector
planning shall specify orientations for development, distribution and organization
of spaces and resources used for common, inter-regional and inter-provincial
sectors.
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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 for consideration and decision
on amendments.
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) Forecast about
development trends and development scenarios directly affecting national
infrastructure during the planning period;
c) Common and
inter-regional assessment; socio-economic development requirements applied to
sectors; opportunities and challenges to the development of national
infrastructure sectors;
d) Viewpoints and objectives
for development of national infrastructure sectors;
dd) Plans for development
of infrastructure sectors nationwide and in territories;
e) Orientation for
provision of land used for development of national infrastructure sectors,
environmental protection, climate change resilience and preservation of
ecology, landscapes and relics that have been nationally ranked;
g) List of nationally
important projects, prioritized projects on national infrastructure sectors and
their execution in order of priority;
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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) Forecast about science
and technology advances and socio-economic development that affects protection,
extraction and use of natural resources during the planning period;
dd) Viewpoints and
objectives for extraction and use of natural resources in service of
socio-economic development;
e) Areas where extraction
and use of natural resources are prohibited, restricted or encouraged;
g) Orientation for
environmental protection, natural disaster management and climate change
resilience;
h) Solutions and
resources for planning implementation;
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a) Assessment of state
and changes in the quality of environment, natural landscapes and biodiversity;
waste generation and forecast about waste generation; effects of climate
change; environmental management and protection;
b) Viewpoints,
objectives, tasks and solutions for environmental protection;
c) Environmental zoning;
nature and biodiversity conservation; waste management; environmental
monitoring and warning;
d) List of nationally
important projects, prioritized projects on environmental protection and their
execution in order of priority;
dd) Solutions and
resources for planning implementation.
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;
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dd) Solutions and
resources for planning implementation.
7. The Government shall
elaborate the contents of the national sector planning that are specified in
Clauses 3, 4, 5 and 6 of this Article and provide for integration of planning
into the national sector planning.
The formulation,
appraisal, approval and adjustment to the detailed planning for development of
the contents specified in Clauses 3, 4, 5 and 6 of this Article shall be
carried out in accordance with relevant regulations of law.
Article
26. Contents of the regional planning
1. The regional planning
shall specify orientations for development, arrangement and distribution of
resources for carrying out common, inter-regional and inter-provincial
socio-economic, national defense and security, and environmental protection
activities.
2. The regional planning
includes the following main parts:
a) Analysis and
assessment of factors, natural conditions, special resources of the region;
b) Viewpoints and
objectives for regional development;
c) Orientation for
development of key sectors of the region; plans for development, arrangement,
selection and provision of resources for development within the region;
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dd) Orientation for
infrastructure development;
e) Orientation for
environmental protection, extraction and protection of river basin water,
natural disaster management and climate change resilience within the region;
g) List of projects and
their execution in order of priority;
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 to the detailed planning for development of
the contents specified in Clause 2 of this Article shall be carried out in
accordance with relevant regulations of law.
Article
27. Contents of the provincial planning
1. The provincial planning shall specify national projects
included in the national planning; regional and inter-provincial projects
included in the regional planning; orientation for development and arrangement
of spaces and provision of resources for carrying out socio-economic, national
defense and security, and environmental protection activities at provincial and
inter-district level, and orientation for distribution within districts.
2. The provincial planning
includes the following main parts:
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b) Viewpoints, objectives
and plans for development;
c) Orientation for
development of important sectors within the province; plans for organization of
socio-economic activities;
d) Schemes for urban system
planning, including national and regional urban areas already specified in the
regional planning within the province; plans for development of provincial
capitals, cities and towns within the province; plans for distribution of
economic zones; industrial parks; export-processing zones, hi-tech parks;
tourism areas; research and training areas; sports complexes; nature reserves,
areas that need to be preserved or rehabilitated, historical-cultural relics,
scenic beauties and subjects already inventoried and specified in the national
planning and regional planning within the province; plans for development of
industrial clusters; plans for spatial organization of rural areas and
development of centralized agricultural production areas; plans for distribution
of residential areas; determination of military and security zones; plans for
development of disadvantaged and extremely disadvantaged areas and key areas.
dd) Plans for development
of transport network, including the network of expressways, national highways
and railways; inland waterways and sea routes; seaports, international and
national airports; inter-provincial road and waterway networks already
specified in the national planning and regional planning within the province;
provincial road network;
e) Plans for development
of electricity supply network, including electricity supply works and
transmission network already specified in the national planning and regional
planning within the province; transmission network and distribution grid;
g) Plans for development
of telecommunications network, including international, national and
inter-provincial telecommunications already specified in the national planning
and regional planning within the province; plans for development of passive
telecommunications infrastructure; important telecommunications works related
to national security and telecommunications works of provinces;
h) Plans for development
of irrigation and water supply networks, including regional and
inter-provincial irrigation and water supply networks already specified in the
national planning and regional planning within the province; inter-district
irrigation and water supply networks;
i) Plans for development
of waste treatment areas, including regional and inter-provincial hazardous
waste treatment areas already specified in the national planning and regional
planning within the province; inter-district waste treatment areas;
k) Plans for development
of social infrastructure, including national, regional and inter-provincial
social infrastructure projects already specified in the national planning and
regional planning within the province; culture, sports and tourism
institutions, trade centers, fairs, exhibitions and other social infrastructure
of provinces;
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m) Schemes for
inter-regional and inter-district construction planning;
n) Plans for
environmental protection, extraction, use and protection of natural resources,
biodiversity, natural disaster management and climate change resilience within
the province;
o) List of provincial
projects and their execution in order of priority;
p) Solutions and
resources for planning implementation.
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 to the detailed planning for development of
the contents specified in Clause 2 of this Article shall be carried out in
accordance with relevant regulations of law.
Article
28. Contents of the urban planning and rural planning
The contents of the urban
and rural planning and the development, appraisal, approval, implementation and
adjustment thereof shall be carried out in accordance with regulations of the
Law on Urban Planning and Law on Construction.
The urban and rural
planning shall be made publicly available in accordance with regulations of
this Law, the Law on Urban Planning and Law on Construction.
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APPRAISAL,
DECISION OR APPROVAL, ANNOUNCEMENT AND PROVISION OF INFORMATION ON PLANNING
Section
1. PLANNING FORMULATION
Article
29. Power to establish a planning appraisal council
1. The Prime Minister
shall establish a planning appraisal council to appraise the national and
regional planning.
2. The Ministry of
Planning and Investment shall establish a planning appraisal council to
appraise the provincial planning.
Article
30. Planning appraisal council
1. A national and
regional planning appraisal council includes President and members of the
council. The 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, and 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, and 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.
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4. The Government shall
elaborate this Article.
Article
31. Applications for planning appraisal
1. An application for
planning appraisal includes the following main documents:
a) An application form;
b) A planning report;
c) A draft planning
decision or approval.
d) A consolidated report
on opinions of the public and other organizations and individuals on the
planning, copies of written opinions of relevant Ministries, ministerial
authorities and local governments; report on response to opinions on planning
(hereinafter referred to as “response report”);
dd) A strategic
environmental assessment report;
e) Planning diagrams,
maps and database.
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Article
32. Issues that need appraising
The appraisal shall focus
on:
1. conformity to the
approved planning tasks;
2. compliance with the procedures
for planning formulation that are specified in Article 16 of this Law;
3. integration of
planning contents provided by relevant Ministries, ministerial authorities and
local governments;
4. conformity of the planning
to the regulations specified in Section 2, Chapter II of this Law.
Article
33. Planning formulation report
1. A report on appraisal
of the national comprehensive planning, national marine spatial planning and
national land use planning shall clearly specify opinions of the planning
appraisal council on issues that need appraising specified in Article 32 of
this Law and decide whether to submit the planning to the National Assembly for
decision.
2. A report on appraisal
of the national sector planning, regional planning and provincial planning
shall clearly specify opinions of the planning appraisal council on issues that
need appraising specified in Article 32 of this Law and decide whether to
submit the planning to the National Assembly for approval.
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A report on appraisal of
the national sector planning and provincial planning and enclosures shall be submitted
to the authority organizing formulation of the planning within 15 days from the
end of the appraisal. The authority organizing formulation of the planning
shall direct the planning authority to consider and respond to appraisal
opinions to modify and complete the application for approval for planning.
In case the planning
conclusion is ineligible to be submitted for decision or approval, the planning
appraisal council shall return the application to the submitting authority and
provide explanation.
Section
2. DECISION OR APPROVAL FOR PLANNING
Article
34. 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:
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2. A planning report;
3. A draft planning
decision or approval;
4. A consolidated report on
opinions of the public, organizations and individuals on the planning, copies
of written opinions of relevant Ministries, ministerial authorities and local
governments; response report.
5. A strategic
environmental assessment report;
6. A planning appraisal
report, copies of written opinions of experts, socio-professional organizations
and other relevant organizations; a review prepared by the independent reviewer
(if any);
7. A response report;
8. Planning diagrams,
maps and database.
Article
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.
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3. The inspection shall
focus on:
a) Conformity of the
contents of the planning to the Communist Party’s policies; constitutionality,
legitimacy and uniformity in the planning system; compatibility with relevant
international treaties to which the Socialist Republic of Vietnam is a
signatory;
b) Conformity of the
planning to the regulations specified in Section 2, Chapter II of this Law;
c) Feasibility of the
planning and conditions for assurance about 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
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2. The planning shall be announced in the forms specified in
Article 40 of this Law.
Article
39. Responsibilities for organization of planning announcement
1. The Ministry of Planning and Investment shall organize
announcement of the national comprehensive planning and regional planning.
2. The Ministry of Natural Resources and Environment shall organize
announcement of the national marine spatial planning and national land use
planning.
3. Ministries and ministerial authorities shall organize
announcement of the national sector planning within their power.
4. People’s Committees of provinces shall organize formulation
of 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:
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b) Presentation of
planning models, diagrams, maps and database;
c) Organization of conferences
and workshops;
d) Release of
publications.
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 in order 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;
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c) Ministries and
ministerial authorities shall update relevant data under their management to
the national planning information and database systems;
d) People’s Committees of
provinces shall update relevant data under local management to the national
planning information and database systems.
3. The Government shall elaborate this Article.
Article
42. Provision of information on planning for organizations and individuals
1. Information on the decided or approved planning must be
adequately, promptly and accurately provided for organizations and individuals
upon request, except for information related 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
organize announcement of the national marine spatial planning and national land
use planning.
4. Ministries and ministerial authorities shall provide
information on the national sector planning within their power.
5. People’s Committees of provinces shall provide information
about the provincial planning.
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1. Provision of information in writing or in person upon
request.
2. Publication of information on websites and through the
media according to Article 40 of this Law.
3. Provision of publications about planning.
Article
44. Archiving planning documents
1. The planning documents to be archived include:
a) Documents about
planning appraisal specified in Article 31 of this Law;
b) Documents submitted
for decision or approval for planning specified in Article 35 of this Law;
c) Reports on appraisal
of the national comprehensive planning, national marine spatial planning and
national land use planning;
d) Planning decision or
written approval;
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2. Planning documents shall be archived in accordance with
regulations of the Law on Archives.
Chapter
IV
IMPLEMENTATION,
ASSESSMENT AND ADJUSTMENT TO PLANNING
Section
1. PLANNING IMPLEMENTATION
Article
45. Planning implementation plan
1. A planning implementation plan shall be unveiled after the
planning is decided or approved.
2. A planning implementation plan includes the following main
contents:
a) Public investment
project;
b) Investment projects
funded by sources other than public investments;
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d) Resources and use of
resources for planning implementation.
Article
46. Policies and solutions for planning implementation
Policies and solutions
for planning implementation shall be introduced in conformity with the planning
implementation plan and include the following main contents:
1. Attraction of investment according to the decided or
approved planning;
2. Development of human resources;
3. Development of science and technology;
4. Social security assurance;
5. Environmental protection;
6. Assurance about financial resources;
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Article
47. Resources for planning implementation
1. Ministries and ministerial authorities shall, within their
tasks and power, provide resources or request a competent authority to provide
resources for planning implementation.
2. The Ministry of Planning and Investment shall take charge
and cooperate with the Ministry of Finance in requesting funding for public
investment projects in accordance with regulations of the Law on Public
Investment and Law on State Budget to a competent authority.
3. The Ministry of Natural Resources and Environment shall
take charge and cooperate with Ministries, ministerial authorities and People’s
Committees of provinces in submitting the land use plan to a competent
authority to implement the national planning and regional planning.
4. The People's Committee of the province shall unveil the
land use plan within its power or request a competent authority to unveil it
and provide resources for implementation of provincial planning.
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
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1. The assessment of planning implementation shall be carried
out on a periodic or ad hoc basis according to the assessment criteria decided
by the Government.
2. Responsibilities for assessment of planning implementation:
a) The Ministry of
Planning and Investment shall assess the implementation of the national
comprehensive planning and regional planning;
b) The Ministry of
Natural Resources and Environment shall assess the implementation of the
national marine spatial planning and national land use planning;
c) Ministries and
ministerial authorities shall assess the implementation of the national sector
planning within their power;
d) 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
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2. Factors and reasons affecting the implementation and
implementation results; proposed solutions for improvement of effectiveness in
planning during the planning period and the next planning period; request for
adjustments to the planning (if any).
Section
3. ADJUSMENT TO PLANNING
Article
51. Principles of planning adjustment
1. The authority that has
the power to decide or approve the planning has the power to decide or approve
the adjustment to the planning.
2. The authority that has
the power to organize planning formulation shall organize the implementation of
the plan for adjustments to the planning.
3. The adjustment shall
not change the objectives of the planning, except for the cases specified in
Clauses 1, 3 and 4, Article 53 of this Law.
Article
52. Review of planning
1. The planning shall be
reviewed every five years so that adjustments can be made in conformity with
the socio-economic development during each period.
2. The authority
organizing formulation of the planning shall organize the review of the
planning.
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Article
53. Bases for adjustments to planning
Adjustments to planning
shall be made if one of the following bases is available:
1. Adjustments to the
objectives of the socio-economic development strategy and field and sector
development strategy change the objectives of the planning;
2. Adjustments to the
planning at a higher level change contents of the planning or 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.
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1. The Government shall
submit the guidelines for adjustments to the national comprehensive planning,
national marine spatial planning and national land use planning to the National
Assembly.
Ministries and
ministerial authorities shall submit the guidelines for adjustments to the
national sector planning within their power to the Prime Minister for approval.
The Ministry of Planning
and Investment shall submit the guidelines for adjustments to the regional
planning to the Prime Minister for approval.
People’s Committees of
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
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2. The Prime Minister shall unveil plans, policies and
solutions for and provide resources for implementation of the national sector
planning, regional planning and provincial planning.
3. The Ministry of
Planning and Investment shall be in charge of assisting the Prime Minister in
performing state management of planning and have the following tasks and
powers:
a) Promulgate legislative
documents on planning or request a competent authority to promulgate them and
organize implementation of such documents;
b) Request a competent
authority to unveil plans, policies and solutions and provide resources for
implementation of the national comprehensive planning and regional planning;
c) Request the Prime
Minister to establish a national comprehensive planning and regional planning
appraisal council;
d) Instruct Ministries,
ministerial authorities and People’s Committees of provinces to formulate and organize
implementation of planning;
dd) Issue norms for
planning activities;
e) Take charge and
cooperate with relevant authorities in international cooperation in planning;
g) Take charge and
cooperate in providing and managing training for human resources, researching
and applying science and technology to planning;
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4. Ministries and ministerial authorities shall, within their
tasks and power, cooperate with the Ministry of Planning and Investment in
performing state management of planning and have the following tasks and
powers:
a) Request the Prime
Minister to unveil plans, policies and solutions for and provide resources for
implementation of the national sector planning to the Prime Minister; establish
the national sector planning appraisal council;
b) Organize
implementation of the national sector planning and development of the contents specified
in the national comprehensive planning, national marine spatial planning,
national land use planning and regional planning within their power;
c) Carry out inspection,
settle complaints and denunciations and handle violations against 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.
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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) [2] (Annulled)
Article
56. Responsibilities of People’s Committees of provinces for state management
of planning
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 inspection, settle complaints and denunciations
and handle violations against the law on planning;
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Chapter
VI
IMPLEMENTATION
PROVISIONS [3]
Article
57. Amendments to certain Articles of the laws related to planning
1. Clause 2, Article 50 of the Law on Information Technology
No. 67/2006/QH11 is amended as follows:
“2. The Ministry of
Information and Communications shall announce the list and formulate a plan for
development of focal information technology products during each period in
conformity with the information technology development strategy.”.
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
relevant plannings decided or approved by the competent authority;”.
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a) Point b, Clause 1 of
Article 5 is amended as follows:
“b) Creation of
system for tracing origin of animals and animal products; creation of a network
of slaughterhouses and animal product preparing establishments towards
industrialization in association with breeding areas;”;
b) Point b Clause 1
Article 9 is amended as follows:
“b) Formulate
planning for animal epidemic-free zones and establishments, integrate it into
the provincial planning and organize implementation thereof; formulate, unveil
and organize implementation of the plan for prevention and fighting against
animal diseases; programs for supervision, control and eradication of animal
diseases;”;
c) Clauses 3 and 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. People's Committees of provinces shall, according to
regulations of the Minister of Agriculture and Rural Development that are
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 within their provinces.”;
d) Point b Clause 1
Article 76 is amended as follows:
“b) Direct creation
of a network of centralized slaughterhouses and formulation of plans for
centralized animal slaughter;
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“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:
Article 58.
Comprehensive national reserve warehouse system planning
1. The comprehensive planning of the system of national
reserve warehouses shall be formulated in accordance with the principles
prescribed by the Law on Planning and in conformity with the national reserve
strategy; in conformity with places of commodity sources, population density;
in accordance with safety requirements.
2. The comprehensive national reserve warehouse system
planning includes the contents prescribed by the Law on Planning and is
compliant with the following requirements:
a) Conform to the objectives
and requirements for national reserves;
b) Ensure continuity in
the system of national reserve warehouses according to territorial lines and
regions;
c) Ensure development
towards modernization;
d) Conform to the amount
of investments;
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3. The formulation, appraisal, approval, announcement,
implementation and adjustment to 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:
“Article 8.
Vocational education institution network planning
1. The vocational education institution network planning shall
be formulated in accordance with the principles prescribed by the Law on
Planning and ensure the structure of disciplines, training levels and structure
of regions; diversity and uniformity of the vocational education system,
combination of training and production, business and services; improvement in
training quality, and shall serve industrialization, modernization and
international integration.
2. The vocational education institution network planning
includes the contents prescribed by the Law on Planning and the following
contents:
a) Structure of networks
of vocational education institutions and training scope according to
disciplines, training levels, and types of vocational education institutions;
b) Distribution of
vocational education institutions in every area or local government;
c) Development of
teaching staff and vocational education administrative officials;
dd) Investment in
training facilities and equipment.
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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 responsibilities 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
plannings under the national planning system in accordance with regulations of
the Law on Planning.”.
6. [4] Clause 5 is added to Article 82 of the Law on Medical
Examination and Treatment No. 40/2009/QH12 as follows:
“5. The planning
for the system of health facilities nationwide and specialized health
facilities shall be integrated into the national health facility network
planning; the local health facility system planning shall be integrated into
the provincial planning in accordance with regulations of the Law on
Planning.".
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.”;
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“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:
“3. The adjustment
that is made to a telecommunications license within its validity period at the
request of the licensed organization or of the Ministry of Information and
Communications shall be conformable to regulations on management of
telecommunications resources, telecommunications connection, charge rates,
technical standards and regulations on telecommunications.”;
dd) Clause 1 of Article
60 is amended as follows:
“1. The common use
of transport, energy supply, public lighting, water supply and drainage and
telecommunications infrastructure and other infrastructure works must ensure
effectiveness and thrift and fulfillment of requirements for landscape and
environment, and be conformable to the planning decided or approved by a
competent authority.”.
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) Plannings
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:
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1. The formulation, appraisal and approval for the planning
under the national planning; socio-economic development planning; product,
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 for the list of
investment projects shall be conformable to the planning decided or approved by
the competent authority; socio-economic development plans; plans for
development of sectors, regions, fields and products; land use plans.”;
c) Clause 1 of Article 34
is amended as follows:
“1. The formulation
and appraisal of the investment projects shall be conformable to the planning
decided or approved by the competent authority; socio-economic development
plans; sector and regional development plans; land use plans; list of
investment projects in accordance with regulations and standards on
construction.”.
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. 06/2003/PL-UBTVQH11 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. Entry into force
1. This Law takes effect on January 01, 2019.
2. The regulations of this Law on formulation and appraisal of
the national planning, regional planning and provincial 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.
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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 plannings shall be implemented until the end of the planning
period. If the contents of such plannings are inconsistent with regulations of
this Law, such contents shall be adjusted as prescribed by this Law;
b) The detailed planning
specified in Appendix 2 of this Law shall continue to be implemented in
accordance with relevant regulations of law. If the contents of such planning
are inconsistent with the planning at a higher level that is already decided or
approved as prescribed by this Law, such contents shall be adjusted to be
consistent with the planning at a higher level;
c) Plannings integrated
into the national, regional and provincial plannings shall be implemented until
the national, regional and provincial plannings are decided or approved as
prescribed by this Law, except for the case prescribed in Point b of this
Clause;
d) Plannings for
investment in and development of specific goods, services and products,
determination of the volume of goods, services and produced and sold products
that are decided or approved are null and void no later than December 31, 2018.
2. The national, regional and provincial plannings that are
already 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 project 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 project in accordance with
regulations of law.
4. The Government shall review and issue the list of plannings
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./.
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CERTIFIED BY
CHAIRMAN
Bui Van Cuong
APPENDIX
(Issued together with the Law on Planning No. 21/2017QH14)
APPENDIX I
LIST OF NATIONAL SECTOR
PLANNINGS
NO
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I
INFRASTRUCTURE
1.
Road network planning
2.
Rail network planning
3.
Comprehensive planning
for seaport system development
4.
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5.
Inland waterway
infrastructure planning
6.
National hydrometeorological
station network planning
7.
Comprehensive energy
planning
8.
Power development
planning
9.
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10.
Information and
communication infrastructure planning
11.
Press agency, broadcasting
and electronic information establishment and publisher network development
planning
12.
National disaster
management and irrigation planning
13.
Tourism system planning
14.
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15.
Public science and
technology organization network planning
16.
Higher education
institution and pedagogical institution network planning
17.
Planning for system of
specialized educational institutions for disabled people and system of inclusive
education development support centers
18.
Vocational education
institution network planning
19.
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20.
Planning for system of
sanatoriums taking care of people with meritorious services to the revolution
21.
Fishing port and
anchorage system planning
22.
Health facility network
planning
23.
Comprehensive planning
for national reserve warehouse system
24.
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25.
Fire prevention and
fighting infrastructure planning
26.
Urban and rural system
planning
27.
National defense and
security education center network planning
II
USE OF NATURAL
RESOURCES
28.
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29.
Planning for geological
baseline surveys of minerals
30.
Water resource planning
31.
Planning for exploration,
extraction, processing and use of radioactive ores
32.
Planning for
exploration, extraction, processing and use of minerals
33.
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34.
Forestry planning
35.
Aquatic resource
protection and extraction planning
36.
National defense land
use planning
37.
Security land use
planning
III
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38.
Environmental
protection planning
IV
BIODIVERSITY
CONSERVATION
39.
Comprehensive
biodiversity conservation planning
APPENDIX II
LIST OF DETAILED PLANNINGs
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NAME OF PLANNING
REGULATED BY
1.
District-level planning
for land use
Law on Land No.
45/2013/QH13
2.
National comprehensive environmental
monitoring planning
Law on Environmental
Protection No. 55/2014/QH13
3.
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Law on Water Resources
No. 17/2012/QH13
4.
Planning for
protection, extraction and use of international water resources
Law on Water Resources
No. 17/2012/QH13
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
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7.
Irrigation planning
Law on Irrigation
No.08/2017/QH14
8.
Planning for flood
control on river routes with dikes
Law on Dikes No.
79/2006/QH11
9.
Dike planning
Law on Dikes No.
79/2006/QH11
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Planning for residential
areas and production areas for natural disaster adaptation;
Law on Natural Disaster
Management No. 33/2013/QH13
11.
Construction planning
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.
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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
Law on Disabled People
No. 51/2010/QH12
15.
Planning for aged care
homes
Law on Elderly People
No. 39/2009/QH12
16.
Higher education
institution network planning
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17.
Provincial planning for
a network of vocational education institutions of Ministries and ministerial
authorities
Law on Vocational
Education No. 74/2014/QH13
18.
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
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20.
Detailed planning for a
cluster of seaports, ports, wharves, floating terminals and dedicated waters
Vietnam Maritime Code
No. 95/2015/QH13
21.
Detailed planning for
development of seaport land and waters
Vietnam Maritime Code
No. 95/2015/QH13
22.
Inland port system
development planning
Vietnam Maritime Code
No. 95/2015/QH13
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Road traffic
infrastructure planning
Law on Road Traffic No.
23/2008/QH12
24.
Atomic energy
development and application planning
Law on Atomic Energy
No. 18/2008/QH12
25.
Nuclear power
development planning
Law on Atomic Energy
No. 18/2008/QH12
26.
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Law on Medical
Examination and Treatment No. 15/2023/QH15 [5]
27.
National
telecommunications development planning
Law on
Telecommunications No. 41/2009/QH12
28.
Planning for
telecommunications number storages
Law on
Telecommunications No. 41/2009/QH12
29.
Internet resource
planning
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30.
Passive
telecommunications infrastructure planning
Law on
Telecommunications No. 41/2009/QH12
31.
Planning for radio
frequencies
Law on Radio
Frequencies No. 42/2009/QH12
32.
Public postal network development
planning
Law on Post No.
49/2010/QH12
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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
Law on National Defense
No. 39/2005/QH11
35.
National sea use
planning
Law on Vietnamese Sea
No. 18/2012/QH13
36.
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Law on Advertising No.
16/2012/QH13
37.
Planning for animal
epidemic-free zones and establishments
Law on Veterinary Medicine
No. 79/2015/QH13
38.
Planning for
state-owned testing system
Law on Pharmacy No.
105/2016/QH13
39.
Other detailed planning
to be integrated into the system of national planning
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APPENDIX III
LIST OF CODES AND LAWS
CONTAINING REGULATIONS RELATED TO THE PLANNING TO BE AMENDED
NO
NAME OF CODES AND LAWS
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
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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
Article 6, Clause 2 of Article
46, Clause 3 of Article 64 and Clause 1 of Article 84
4.
Law on Chemicals No.
06/2007/QH12
Article 8, Article 9,
Clause 3 of Article 49
5.
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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
7.
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
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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.
Law on Minerals No.
60/2010/QH12
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
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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
Article 8, Article 8a, Article
9, Article 10
14.
Law on Science and
Technology No. 29/2013/QH13
Article 10, Clauses 2
and 3 of Article 67
15.
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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
17.
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
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19.
Law on Dikes No. 79/2006/QH11
Article 12, Article 13,
Article 14, Article 16, Article 17, Article 18, Article 19
20.
Law on Children
No.102/2016/QH13
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
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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
Point c, Clause 1 of
Article 10
24.
Law on Economical and
Efficient Use of Energy No. 50/2010/QH12
Point b, Clause 1 and
Clause 2 of Article 6
25.
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Clause 5 of Article 11,
Article 12, Article 13, Article 14, Point b, Clause 1 of Article 57
[1] The Law on Medical
Examination and Treatment No. 15/2023/QH15 is promulgated pursuant to:
“The
Constitution of the Socialist Republic of Vietnam;
The
National Assembly herein enacts the Law on Medical Examination and
Treatment.".
The Law on Prices No. 16/2023/QH15 is promulgated pursuant
to:
“The Constitution of the Socialist Republic of
Vietnam;
The
National Assembly herein enacts the Law on Prices.".
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[3] Article 120 of the
Law on Medical Examination and Treatment No. 15/2023/QH15, which comes into
force from January 01, 2024 stipulates that:
“Article
120. Entry into force
1. This Law comes into
force as from January 01, 2024, except for cases specified in Clauses 3, 4, 5,
6, 7, 8 and 9 of this Article.
2. The Law on Medical
Examination and Treatment No. 40/2009/QH12 already amended and supplemented by
the Law No. 21/2017/QH14 shall cease to be effective from the effective date of
this Law.
3. Vietnam’s National
Medical Council (VNMC) has 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 assistant,
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 from January 1, 2032.
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a)
From January 1, 2027, these regulations shall be applied to applications 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 issued with 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:
a)
These quality standards shall be applied to hospitals from January 1, 2025;
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 01, 2027.
Articles
74 and 75 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024 stipulate that:
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1.
This Law comes into force as of July 1, 2024, except for the case prescribed in
Clause 2 of this Article.
2.
Clause 2 Article 60 of this Law comes into force as of 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 diplomas or higher concerning prices and/or valuation;
b)
Valuer cards;
c)
Certificates of professional training in valuation;
d) Certificates
of advanced training in state valuation.
3.
The Law on Prices No. 11/2012/QH13, which has been amended by Law No.
61/2014/QH13, Law No. 64/2020/QH14, and Law No. 07/2022/QH15 (hereinafter
referred to as “Law on Prices No. 11/2012/QH13”), expires as of the effective
date of this Law, except for Article 75 of this Law.
Article
75. Transitional provisions
1.
Within 12 months after this Law comes into force, valuation enterprises issued
with certificates of eligibility for valuation services under the Law on Prices
No. 11/2012/QH13 shall meet requirements for eligibility for valuation services
under this Law. After the mentioned period, if valuation enterprises fail to
meet requirements for eligibility for valuation services according to this Law,
the Ministry of Finance of Vietnam shall revoke their certificates of
eligibility for valuation services.
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[4] The Law on Medical
Examination and Treatment No. 40/2009/QH12 already amended and supplemented by
the Law No. 21/2017/QH14 shall cease to be effective from January 01, 2024 according
to regulations in Clause 2 Article 120 of the Law on Medical Examination and
Treatment No. 15/2023/QH15, which comes into force from January 01 2024.
[5] The phrase "Luật
Khám bệnh, chữa bệnh số 40/2009/QH12” (the Law on Medical Examination and
Treatment No. 40/2009/QH12) shall be replaced by the phrase “Luật Khám bệnh, chữa
bệnh số 15/2023/QH15” (the Law on Medical Examination and Treatment No.
15/2023/QH15) according to regulations in Clause 2 Article 119 of the Law on
Medical Examination and Treatment No. 15/2023/QH15, which comes into force from
January 01 2024.