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THE OFFICE OF
THE NATIONAL ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/VBHN-VPQH
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Hanoi, February
21, 2025
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LAW ON PLANNING
The Law on Planning No. 21/2017/QH14 dated November
24, 2017 of the National Assembly of Vietnam, which has been effective since
January 01, 2019, is amended by:
1. The Law on
Medical Examination and Treatment No. 15/2023/QH15 dated January 09, 2023 of
the National Assembly, which has been effective since January 01, 2024;
2. The Law on Prices No. 16/2023/QH15 dated June
19, 2023 of the National Assembly, which has been effective since July 01,
2024;
3. The Law on Water Resources No. 28/2023/QH15
dated November 27, 2023 of the National Assembly, which has been effective
since July 01, 2024;
4. The Law on Land No. 31/2024/QH15 dated January
18, 2024 of the National Assembly, which has been effective since July 01, 2024[1];
5. The Law on Road No. 35/2024/QH15 dated June 27,
2023 of the National Assembly, which comes into force from January 01, 2025;
6. The Law on National Defense and Security
Industry and Industrial Mobilization dated June 27, 2024 of the National
Assembly, which comes into force from July 01, 2025;
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8. Law No.
57/2024/QH15 dated November 29, 2024 of the National Assembly on Amendments to
Law on Planning, Law on Investment, Law on Public-Private Partnership
Investment and Law on Bidding, which has been effective since January 15, 2025.
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Planning.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for formulation, appraisal, decision
or approval, announcement, implementation, assessment and adjustment of the
planning under the national planning system; responsibility for state
management of planning.
Article 2. Regulated
entities
This Law applies to organizations and individuals
involved in the formulation, appraisal, decision or approval, announcement,
implementation, assessment and adjustment of the planning under the national
planning system and other relevant organizations and individuals.
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For the purposes of this Law, the following terms
shall be construed as follows:
1. “planning” means
the spatial arrangement and distribution of socio-economic, national defense
and security activities in combination with infrastructure development, use of
natural resources and environmental protection in a defined territory in order
to effectively use the resources of country in service of sustainable
development for a definite period of time.
2. “national
comprehensive planning” means the national and strategic planning towards
zoning and interconnecting regions of a territory, including mainland, islands,
archipelagoes, territorial waters and airspace; urban and rural systems;
infrastructure; use of natural resources and environmental protection; natural
disaster management, climate change resilience, assurance of national defense
and security and international integration.
3. “national
marine spatial planning” means the national planning that is aimed at
realizing the national comprehensive planning for zoning of various fields and
sectors within coastal areas, islands, archipelagoes, territorial waters and
airspace that belong to sovereignty, sovereign rights and national jurisdiction
of Vietnam.
4. “national
land use planning” means the national planning that is aimed at realizing
the national comprehensive planning for allocation and zoning of land used by
fields, sectors and areas on the basis of land potential.
5. “national
sector planning” means the national planning that is aimed at realizing the
national comprehensive planning according to sectors on the basis of
interconnection of sectors and regions related to infrastructure, use of
natural resources, environmental protection and biodiversity conservation.
6. “region” means
a part of a national territory that includes some neighboring provinces and
central-affiliated cities adjacent to some river basins or has similarities in
natural and socio-economic conditions, history, population and infrastructure,
and has an interrelationship that makes a strong connection.
7. “regional
planning” means the planning that is aimed at realizing the national
comprehensive planning at regional level in terms of spaces used for
socio-economic, national defense and security activities, urban system and
rural population distribution, development of inter-provincial regions,
infrastructure, water resources of river basins, use of natural resources and
environmental protection on the basis of provincial interconnection.
8. “provincial
planning” means the planning that is aimed at realizing the national
comprehensive planning and regional planning at provincial level in terms of
spaces used for socio-economic, national defense and security activities, urban
system and rural population distribution, land allocation, infrastructure, use
of natural resources and environmental protection on the basis of
interconnection of national, regional, urban and rural planning.
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10. “integrated
planning” means an approach that integrates fields and sectors related to
infrastructure, use of natural resources and environmental protection in a
uniform manner upon the formulation of the planning in a define territory in
order to achieve the goal of balanced, harmonious, effective and sustainable
development.
11. “planning” includes
formulation, appraisal, decision or approval, announcement, implementation,
assessment and adjustment of the planning.
12. “planning
authority” means an authority assigned to formulate planning under the
national planning system by the Government, Prime Minister, Ministries,
ministerial authorities and People’s Committees of provinces.
13. “planning
database” means a collection of information showing basic contents of the
planning which is formulated, updated and maintained to serve management and
use of information through electronic means.
14. “planning
diagram or map” means a drawing that shows contents of the planning.
Article 4. Basic principles of
planning
1. Comply with
regulations of this Law, other relevant regulations of law and international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. Ensure
uniformity between the planning and the socio-economic development strategy and
plan, ensure the combination of the sector management and territorial
management; ensure national defense and security; protect the environment.
3. Ensure
compliance, continuity, inheritance, stability and hierarchy in the national
planning system.
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5. Ensure
scientism, application of modern technology, interconnection, forecast,
feasibility, economization and effective use of national resources; ensure objectivity,
publicity, transparency and conservation.
6. Ensure
independence between the planning authority and planning appraisal council.
7. Provide
resources to implement planning.
8. Ensure uniform
state management of planning, appropriate assignment and authorization between
regulatory authorities.
Article 5. National planning
system
1. National
planning.
National planning includes national comprehensive
planning, national marine spatial planning, national land use planning and
national sector planning.
2. Regional
planning.
3. Provincial
planning.
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Special administrative-economic unit planning
decided by the National Assembly.
5.
(repealed)
Article 6. Relationship between
planning types
1. The national
marine spatial planning and national land use planning must be conformable with
the national comprehensive planning.
If there is any conflict between the national
marine spatial planning and the national land use planning, they shall be
adjusted and implemented according to the national comprehensive planning.
2. The national
sector planning shall be conformable to the national comprehensive planning,
national marine spatial planning and national land use planning.
In the event that the national sector planning is
inconsistent with the national marine spatial planning and national land use
planning or national planning is inconsistent with each other, it shall be
adjusted and implemented according to the national marine spatial planning,
national land use planning and national comprehensive planning.
3. The regional
planning shall be conformable to the national planning; the provincial planning
shall be conformable to the regional planning and national planning.
In the event that the regional planning and
provincial planning are inconsistent with the national sector planning, they
shall be adjusted and implemented according to the national sector planning and
national comprehensive planning.
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4. A technically
specialized planning must be conformable with the relevant national, regional
or provincial planning as prescribed by the Government.
Article 7. Procedures for planning
1. Formulate
planning:
a) Formulate, appraise and approve planning tasks;
b) Organize formulation of planning.
2. Appraise
planning.
3. Decide or
approve planning.
4. Announce
planning.
5. Implement
planning.
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1. The planning
period is a time limit determined to serve as a basis for forecasting and
setting socio-economic targets to serve planning formulation.
2. The planning
under the national planning system covers a period of 10 years. The orientations of the national planning cover a
period of 30 - 50 years. The orientations of
the regional planning and provincial planning cover a period of 20 - 30 years.
Article 9. Costs of planning
1. Costs of
formulation, announcement and adjustment of a national, regional or provincial
planning shall be covered with public investment funding and other lawful
funding sources; costs associated with a national land use planning, or
national planning for national defense or security land shall be covered in
accordance with regulations of the Law on Land.
2. Costs of
formulation, appraisal and adjustment of tasks in formulation of a national,
regional or provincial planning; appraisal of a national, regional or
provincial planning and adjustments thereto; modification of a national,
regional or provincial planning following simplified procedure; or assessment
of a national, regional or provincial planning shall be covered with funding
for covering recurrent expenditures as prescribed by the Law on State Budget.
3. Costs of
formulation, appraisal, announcement, assessment and modification of
technically specialized plannings shall be covered with funding for covering
recurrent expenditures as prescribed by the Law on State Budget and other
lawful funding sources.
4. The Government
shall elaborate this Article.
Article 10. State policies on
planning
1. The State shall
manage socio-economic development, ensure national defense and security and
protect the environment according to the decided or approved planning.
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3. The State shall
introduce policies on encouraging domestic and foreign organizations and
individuals to provide resources for planning in an objective, public and
transparent manner.
4. The State shall
introduce policies on encouraging and enabling organizations and individuals of
all economic sectors to participate in planning.
5. The State shall
introduce policies on promotion of international cooperation in planning.
Article 11. International
cooperation in planning
1. International
cooperation in planning is aimed at ensuring that the planning is compliant
with international integration requirements and basic principles of planning
specified in Article 4 of this Law.
2. The main
international cooperation activities include experience sharing, application of
new science and technology, provision of training and mobilization of human
resources for planning.
3. International
cooperation in planning shall be conformable to Vietnam’s diplomatic policies;
ensure application of the principle of peace, cooperation and friendship on the
basis of respect for independence, sovereignty and territorial integrity,
mutual benefit, Vietnam’s law and relevant international treaties to which the
Socialist Republic of Vietnam is a signatory.
Article 12. Rights and
responsibilities of the public, other organizations and individuals for
offering opinions on and supervising planning
1. The public and
organizations have the right to offer opinions on and supervise planning;
individuals have the right to offer opinions on planning.
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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.
5. Not announcing,
delaying, inadequately announcing planning or refusing to provide information
on planning, except for information classified as state secret; deliberately
announcing wrong planning; deliberately providing false information on
planning; destroying, forging or falsifying documents.
6. Failure to
implement the decided or approved planning.
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Chapter II
PLANNING FORMULATION
Section 1. ORGANIZING PLANNING
FORMULATION
Article
14. Power to organize planning formulation
1. The Government
shall organize formulation of the national comprehensive planning, national
marine spatial planning and national land use planning.
2. The Prime
Minister shall organize formulation of regional planning.
3. Ministry and
ministerial authorities shall organize formulation of national sector planning.
4. The People’s
Committees of provinces shall organize formulation of provincial planning.
Article 15. Planning tasks
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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 and approval adjustments
thereto:
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, and approval
for adjustments thereto;
b) The Prime Minister of Vietnam shall organize
appraisal of the tasks in formulation of the national sector planning and
regional planning; approval for the tasks in formulation of the national sector
planning, regional planning and provincial planning, and approval for
adjustments thereto;
c) The Ministry of Planning and Investment of
Vietnam shall organize appraisal of the tasks in formulation of provincial
planning.
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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 qualified
planning consultancy; take charge of and cooperate with relevant Ministries,
ministerial authorities and local governments in studying, analyzing, assessing
and forecasting factors, conditions, resources and development situation,
assessing the actual status of national socio-economic development, and
proposing planning viewpoints, objectives and contents; send them to relevant
Ministries, ministerial authorities and local governments;
c) Relevant Ministries, ministerial authorities and
local governments shall give their opinions and propose planning contents
falling under their management to the planning authority;
d) The planning authority shall take charge of and
cooperate with relevant Ministries, ministerial authorities and local
governments in considering and addressing interdisciplinary, inter-regional and
inter-provincial issues to ensure uniformity, consistency and effectiveness of
the planning;
dd) (repealed)
e) The planning authority shall complete the
planning and send it for enquiry as prescribed in Article 19 of this Law;
g) The planning authority shall respond to
opinions, complete the planning and submit it to the planning appraisal
council;
h) The planning authority shall complete the
planning according to the conclusion of the planning appraisal council, report
it to the Prime Minister, who will submit it to the National Assembly.
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a) The authority organizing formulation of the
planning shall take charge and cooperate with Ministries and ministerial
authorities concerned in determining planning tasks and submitting them to the
Prime Minister for approval;
b) The planning authority shall select a planning
consultancy; formulate planning and send it for enquiry as prescribed in
Article 19 of this Law;
c) The planning authority shall respond to
opinions, complete the planning and submit it to the planning appraisal
council;
d) The planning authority shall complete the
planning according to the conclusion of the planning appraisal council, report
it to the Minister, who will submit it to the Prime Minister for approval.
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 qualified
planning consultancy; take charge of and cooperate with relevant Ministries,
ministerial authorities and local governments in studying, analyzing, assessing
and forecasting factors, conditions, resources and development situation,
assessing the actual status of regional socio-economic development, and
proposing planning viewpoints, objectives and contents; send them to relevant
Ministries, ministerial authorities and local governments in the region;
c) Relevant Ministries, ministerial authorities and
local governments in the region shall give their opinions and propose planning
contents falling under their management to the planning authority;
d) The planning authority shall take charge of and
cooperate with relevant Ministries, ministerial authorities and local governments
in considering and addressing inter-regional and inter-provincial issues to
ensure uniformity, consistency and effectiveness of the planning;
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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
the their management and send them to the planning authority;
d) The planning authority shall take charge and
cooperate with relevant authorities and the People’s Committee of the district
in considering and addressing common and inter-district issues to ensure
uniformity and effectiveness of the planning; propose adjustments to the contents
of the planning developed by authorities and People's Committees of districts;
dd) Relevant authorities and People’s Committees of
districts shall adjust and complete the parts of the planning and send them to
the planning authority;
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g) The planning authority shall respond to
opinions, complete the planning and submit it to the planning appraisal
council;
h) The planning authority shall complete the
planning according to the conclusion of the planning appraisal council and
submit it to the People’s Committees of provinces;
i) The People’s Committee of the province shall
submit the planning to the People's Council of the province, which will submit
it to the Prime Minister for approval.
5. The Government
shall elaborate this Article.
Article
17. Planning consultancy
1. Planning
authorities, Ministries, ministerial authorities and local governments shall select
planning consultancies in accordance with regulations of the Law on Bidding.
2. A planning
consultancy shall have a legal status and satisfy qualification requirements
suitable for its assigned tasks in accordance with regulations of the
Government.
Article
18. Strategic environmental assessment during planning formulation
1. The planning
authority shall prepare a strategic environmental assessment report in
accordance with regulations of the Law on Environmental Protection.
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3. The contents of
the strategic environmental assessment report upon planning formulation are
specified in the Law on Environmental Protection.
Article 19. Seeking opinions
on planning
1. The planning
authority shall seek opinions from Ministries, ministerial authorities,
People’s Committees at all levels of relevant local governments, the public,
and other organizations and individuals related to planning, except for those
related to the national sector planning, their opinions shall be sought by the
authority organizing formulation of the planning. For
the regional and provincial planning, the planning authority shall seek
opinions from the People’s Committees of provinces of adjacent areas.
2. Opinions of
organizations and individuals shall be sought through submission of documents
and website of the planning authority. The
enquired organizations shall give written responses.
3. The public’s opinions
on the planning shall be sought through website of the planning authority,
public places, questionnaires, conferences, workshops and in other forms in
accordance with regulations of the law on exercise of democracy in communes,
wards and townships.
4. Opinions must
be considered, responded to and reported to a competent authority before the
planning is appraised, decided or approved. The
planning authority shall make opinions and responses to opinions publicly
available.
5. The Government
shall elaborate seeking of opinions on each type of planning.
Section 2. PLANNING CONTENTS
Article 20. Bases for
formulating planning
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2. Planning at a
higher level (if any).
3. Planning of the
previous period.
Article 21. Requirements for
contents of the planning
1. Ensure the
fulfillment of requirements for planning and developing entire national
territory towards sustainable development in association with environmental
protection, natural disaster management and climate change resilience;
distribute, extract and use natural resources in a proper and effective manner
and preserve historical-cultural relics, cultural heritages and natural
heritages for present and future generations.
2. Regarding the
spatial distribution during planning formulation, ensure uniformity between
infrastructure, land allocation and environmental protection, ecosystem
services.
3. Ensure
connection, uniformity and systematism between sectors and regions nationwide,
between areas in the regions and take maximum advantage of the existing
infrastructure; fully exploit potentials and advantages of each region and area
in association with social progress and equality and assurance of social
security and national defense and security.
4. Maintain a
balance between socio-economic factors, national defense and security, and
environmental protection during planning formulation.
5. Secure
reduction in negative effects of socio-economic development and environment on
the livelihood of the public, elderly people, disabled people, ethnics, women
and children. The planning shall be formulated
in combination with other policies to promote development in disadvantaged and
extremely disadvantaged areas and ensure sustainable livelihood of the people
in disadvantaged and extremely disadvantaged areas.
6. Ensure harmony
of interests between the State and the public and between regions and areas.
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8. Ensure
scientism and apply modern technology during planning formulation; meet
technical standards and regulations and conform to the country’s needs for
development and international integration.
9. Ensure
uniformity and connection in planning contents, which shall be shown in a
planning report and system of planning diagrams, maps and database.
Article 22. Contents of the
national comprehensive planning
1. The national comprehensive
planning shall specify spatial distribution and arrangement of nationally or
internationally important socio-economic, defense, security and environmental
protection activities as well as inter-regionally strategic ones in the
territory of Vietnam, including mainland, islands, archipelagoes, territorial
waters and airspace.
2. The national
comprehensive planning includes the following main parts:
a) Analysis and assessment of natural conditions,
national development, national and international development trend, major
development policies and orientations, relevant planning and plans, and
resources; scientific and technological development trends; national defense
and security areas; nature reserves; areas that need to be preserved or rehabilitated,
historical-cultural relics, scenic beauties and subjects already inventoried;
areas where extraction and use are restricted and areas where development is
encouraged in accordance with relevant regulations of law;
b) Viewpoints and objectives for development;
c) Forecasting of development trends and
developmental scenarios;
d) Orientation for socio-economic space
development;
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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 expected nationally important projects;
o) Solutions and resources for planning
implementation.
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The formulation, appraisal, approval and adjustment
of the technically specialized planning for development of the contents
specified in Clause 2 of this Article shall be carried out in accordance with
relevant regulations of law.
Article 23. Contents of the
national marine spatial planning
1. The national
marine spatial planning shall specify zoning and spatial arrangement,
distribution and organization of various fields and sectors within coastal
areas, islands, archipelagoes, territorial waters and airspace that belong to
sovereignty, sovereign rights and national jurisdiction of Vietnam.
2. The national
marine spatial planning includes the following main contents:
a) Analysis and assessment of factors, natural
conditions, resources, conditions directly affecting and use of spaces for
carrying out activities within coastal areas, islands, archipelagoes,
territorial waters and airspace that belong to sovereignty, sovereign rights
and national jurisdiction of Vietnam;
b) Areas where extraction is prohibited,
conditional extraction areas, areas where development is encouraged, areas that
need to be provided with special protection for the purposes of national
defense, security, environmental protection and preservation of ecosystem
within coastal areas, islands, archipelagoes, territorial waters and airspace that
belong to sovereignty, sovereign rights and national jurisdiction of Vietnam;
c) Forecasting of trends in fluctuation of natural
resources and environment, effects of climate change on natural resources and
environment; demand for extraction and use of natural resources and
requirements for protection of environment within coastal areas, islands,
archipelagoes, territorial waters and airspace that belong to sovereignty,
sovereign rights and national jurisdiction of Vietnam during the planning
period;
d) Forecasting of developmental context and
scenarios; assessment of opportunities and challenges to activities requiring
marine space;
dd) Viewpoints and objectives for development;
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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 expected nationally important projects.
3. The Government shall
elaborate the contents of the national marine spatial planning that are
specified in Clause 2 of this Article and provide for integration of planning
into the national marine spatial planning.
The formulation, appraisal, approval and adjustment
of the technically specialized planning for development of the contents
specified in Clause 2 of this Article shall be carried out in accordance with
relevant regulations of law.
Article 24. Contents of the
national land use planning
1. The national
land use planning shall specify distribution and organization of spaces used
for the purposes of socio-economic development, national defense and security
assurance, environmental protection, natural disaster management and climate
change resilience according to land potentials and demand for land use by
inter-regional and inter-provincial fields and sectors.
2. The national land use planning includes the
following main parts:
a) Analysis and assessment of factors, natural
conditions, resources, conditions directly affecting and use of land by fields
and sectors;
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c) Determination of viewpoints and objectives for
land use during the new period;
d) Land use orientation of the country and
socio-economic regions, land use vision meeting the requirements for
socio-economic development; assurance of national defense, security;
environmental protection and adaption to climate change;
dd) Determination of land use quotas applicable to
agricultural land category, non-agricultural land category; including
determination of the area of rice cultivation land, special-use forest land,
protection forest land, natural production forest land, national defense land
or security land;
e) Solutions and resources for development of the
land use planning.
3. The Government shall elaborate the contents of
the national land use planning that are specified in clause 2 of this Article.
Article 25. Contents of the
national sector planning
1. The national sector
planning shall specify orientations for development, distribution and
organization of spaces and resources used for common, inter-regional and
inter-provincial sectors.
2. A list of
national sector planning is specified in the Appendix 1 of this Law.
According to socio-economic conditions and state
management requirements during each period, the Government shall review the
list of national sector planning and submit it to the Standing Committee of
National Assembly.
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a) Analysis and assessment of factors, natural
conditions, resources, provision and use of spaces by national infrastructure
sectors;
b) Forecasting of development trends and
development scenarios directly affecting national infrastructure during the
planning period;
c) Common and inter-regional assessment;
socio-economic development requirements applied to sectors; opportunities and
challenges to the development of national infrastructure sectors;
d) Viewpoints and objectives for development of
national infrastructure sectors;
dd) Plans for development of infrastructure sectors
nationwide and in territories;
e) Orientation for provision of land used for
development of national infrastructure sectors, environmental protection,
climate change resilience and preservation of ecology, landscapes and relics
that have been nationally ranked;
g) List of expected nationally important projects
and prioritized projects on national infrastructure sector;
h) Solutions and resources for planning
implementation.
4. The national
natural resource use planning includes the following main contents:
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b) Assessment of effects of extraction and use of
natural resources;
c) Analysis and assessment of socio-economic
development policies and orientations related to extraction and use of natural
resources, national environmental protection and relevant planning;
d) Forecasting of science and technology advances
and socio-economic development that affects protection, extraction and use of
natural resources during the planning period;
dd) Viewpoints and objectives for extraction and
use of natural resources in service of socio-economic development;
e) Areas where extraction and use of natural
resources are prohibited, restricted or encouraged;
g) Orientation for environmental protection,
natural disaster management and climate change resilience;
h) Solutions and resources for planning
implementation.
4a. The national defense land use
planning or security land use planning includes the following main parts:
a) National defense or security
land use orientation;
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c) Phasing of the national defense/security land
use planning for each 05-year plan period;
d) Solutions and resources for implementing the
national defense/security land use planning.
5. The national
environmental protection planning includes the following main parts:
a) Assessment of state and changes in the quality
of environment, natural landscapes and biodiversity; waste generation and
forecasting of waste generation; effects of climate change; environmental
management and protection;
b) Viewpoints, objectives, tasks and solutions for
environmental protection;
c) Environmental zoning; nature and biodiversity
conservation; waste management; environmental monitoring and warning;
d) List of expected nationally important projects
and prioritized projects on environmental protection;
dd) Solutions and resources for planning
implementation.
6. The
comprehensive biodiversity conservation planning includes the following main
contents:
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b) Viewpoints, objectives, tasks and solutions for
biodiversity conservation;
c) High-biodiversity areas; important ecological
landscapes; nature reserves; biodiversity corridors; biodiversity conservation
establishments;
d) List of expected nationally important projects
and prioritized projects on biodiversity conservation;
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, 4a, 5 and 6 of this Article and provide for integration of planning into the
national sector planning.
The formulation, appraisal, approval and adjustment
of the technically specialized planning for development of the contents
specified in clauses 3, 4, 4a, 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:
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b) Viewpoints and objectives for regional
development;
c) Orientation for development of key sectors of
the region; plans for development, arrangement, selection and provision of
resources for development within the region;
d) Orientation for creation of urban and rural
system; economic zones, industrial parks, export-processing zones, hi-tech
parks; tourism areas; research and training areas; sports complex; nature
reserves, areas that need to be preserved or rehabilitated, historical-cultural
relics, scenic beauties and subjects already inventoried; centralized
production areas;
dd) Orientation for infrastructure development;
e) Orientation for environmental protection,
extraction and protection of river basin water, natural disaster management and
climate change resilience within the region;
g) List of expected prioritized regional projects;
h) Solutions and resources for planning
implementation.
3. The Government
shall elaborate the contents of the regional planning that are specified in
Clause 2 of this Article and provide for integration of planning into the
regional planning.
The formulation, appraisal, approval and adjustment
of the technically specialized planning for development of the contents
specified in Clause 2 of this Article shall be carried out in accordance with
relevant regulations of law.
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1. The provincial
planning shall specify national projects included in the national planning;
regional and inter-provincial projects included in the regional planning;
orientation for development and arrangement of spaces and provision of
resources for carrying out socio-economic, national defense and security, and
environmental protection activities at provincial and inter-district level, and
orientation for distribution within districts.
2. The provincial
planning includes the following main parts:
a) Analysis and assessment of and forecasting of
factors, special development conditions of the province; assessment of
socio-economic development, land use, and urban and rural systems;
b) Viewpoints, objectives and plans for
development;
c) Orientation for development of important sectors
within the province; plans for organization of socio-economic activities;
d) Plans for development of urban and rural systems;
plans for development of economic zones, industrial parks, export-processing
zones, hi-tech zones, tourism areas, sports complexes, and research and
training areas; plans for development of sanctuaries, and areas used for
preservation, renovation or restoration of historical-cultural monuments,
scenic beauties and subjects already inventoried; plans for development of
Indus trial clusters; plans for development of centralized agricultural
production 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 development plans already specified in the
national planning or regional planning within the province, and plans for
development of provincial power sources and electrical grids;
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;
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i) Plans for development of waste treatment areas,
including regional and inter-provincial hazardous waste treatment areas already
specified in the national planning and regional planning within the province;
inter-district waste treatment areas;
k) Plans for development of social infrastructure,
including national, regional and inter-provincial social infrastructure
projects already specified in the national planning and regional planning
within the province; culture, sports and tourism institutions, trade centers,
fairs, exhibitions and other social infrastructure of provinces;
l) Land use orientation up to each district-level
administrative division;
m) (repealed)
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 expected prioritized provincial
projects;
p) Solutions and resources for planning
implementation.
3. The Government
shall elaborate the contents of the provincial planning that are specified in
Clause 2 of this Article and provide for integration of planning into the
provincial planning.
The formulation, appraisal, approval and adjustment
of the technically specialized planning for development of the contents
specified in Clause 2 of this Article shall be carried out in accordance with
relevant regulations of law.
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Chapter III
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. President of the planning appraisal
council is the Prime Minister or Deputy Prime Minister.
Members of the appraisal council include representatives of Ministries,
ministerial authorities, local governments and other organizations and
individuals. The standing body of the
appraisal council shall be decided by the President of the council.
2. A provincial
planning appraisal council includes President and members of the Council. The President of the appraisal council is the
Minister of Planning and Investment. Members
of the appraisal council include representatives of Ministries, ministerial
authorities, local governments and other organizations and individuals. The standing body of the appraisal council shall be
decided by the President of the council.
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When necessary, the planning appraisal council may
select an independent reviewer.
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;
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2. The planning
appraisal council shall only carry out the appraisal when receiving a
sufficient application specified in Clause 1 of this Article. When necessary, the appraisal council may request
the submitting authority to provide additional information and explain relevant
contents.
Article
32. Issues that need appraising
The appraisal shall focus on:
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.
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3. A report on
appraisal of the national comprehensive planning, national marine spatial
planning, national land use planning and regional planning and enclosures shall
be submitted to the planning authority within 15 days from the end of the
appraisal. The planning authority shall
consider and respond to appraisal opinions to modify and complete the
application for decision or approval for planning.
A report on appraisal of the national sector
planning and provincial planning and enclosures shall be submitted to the
authority organizing formulation of the planning within 15 days from the end of
the appraisal. The authority organizing
formulation of the planning shall direct the planning authority to consider and
respond to appraisal opinions to modify and complete the application for
approval for planning.
In case the planning conclusion is ineligible to be
submitted for decision or approval, the planning appraisal council shall return
the application to the submitting authority and provide explanation.
Section 2. DECISION OR
APPROVAL FOR PLANNING
Article
34. 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 of Vietnam 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
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1. An application
form;
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
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2. The inspecting
authority may request the Government and relevant organizations and individual
to report issues concerning the contents of the planning. Organizations and individuals shall provide sufficient
information and documents to serve the appraisal.
3. The inspection
shall focus on:
a) Conformity of the contents of the planning to
the Communist Party’s policies; constitutionality, legitimacy and uniformity in
the planning system; compatibility with relevant international treaties to
which the Socialist Republic of Vietnam is a signatory;
b) Conformity of the planning to the regulations
specified in Section 2, Chapter II of this Law;
c) Feasibility of the planning and conditions for
ensuring resources and finance for planning implementation.
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
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1. Within 15 days
from the day on which the planning is decided or approved by the competent authority,
its contents must be announced publicly, except for those that contain state
secrets in accordance with regulations of the Law on Protection of State
Secrets.
2. The planning
shall be announced in the forms specified in Article 40 of this Law.
Article 39. Responsibilities
for organization of planning announcement
1. The Ministry of
Planning and Investment shall organize announcement of the national
comprehensive planning and regional planning.
2. The Ministry of
Natural Resources and Environment shall organize announcement of the national
marine spatial planning and national land use planning.
3. Ministries and
ministerial authorities shall organize announcement of the national sector
planning within their power.
4. The People’s
Committees of provinces shall organize announcement of the provincial planning.
Article 40. Forms of planning
announcement
1. The planning
shall be published on the website of the authority organizing formulation of
the planning and planning authority on a regular and continuous basis.
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a) Use of media;
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 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:
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b) The Ministry of Natural Resources and
Environment shall provide the standardized and regularly updated national
geographic database system to create a framework database for the national planning
information and database systems;
c) Ministries and ministerial authorities shall
update relevant data under their management to the national planning
information and database systems;
d) The People’s Committees of provinces shall
update relevant data under local management to the national planning
information and database systems.
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
relating to state secrets in accordance with regulations of the Law on
Protection of State Secrets.
2. The Ministry of
Planning and Investment shall provide information on the national planning,
regional planning and provincial planning.
3. The Ministry of
Natural Resources and Environment shall provide information on the national
land use planning and national marine spatial planning.
4. Ministries and
ministerial authorities shall provide information on the national sector
planning within their power.
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Article 43. Forms of provision
of information on planning
1. Provision of
information in writing or in person on request.
2. Publication of
information on websites and through the media according to Article 40 of this
Law.
3. Provision of
publications about planning.
Article 44. Archiving planning
documents
1. The planning
documents to be archived include:
a) Documents about planning appraisal specified in
Article 31 of this Law;
b) Documents submitted for decision or approval for
planning specified in Article 35 of this Law;
c) Reports on appraisal of the national
comprehensive planning, national marine spatial planning and national land use
planning;
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dd) Other documents (if any).
2. Planning
documents shall be archived in accordance with regulations of the Law on
Archives.
Chapter IV
IMPLEMENTATION,
ASSESSMENT AND ADJUSTMENT OF PLANNING
Section 1. PLANNING
IMPLEMENTATION
Article 45. Planning
implementation plan
1. A planning
implementation plan shall be issued after the planning is decided or approved.
The power to issue the planning implementation plan
is prescribed in Articles 55 and 56 of this Law. The
authority competent to issue the planning implementation plan shall also have
the power to make adjustments to the issued planning implementation plan.
2. A planning
implementation plan must be conformable with the decision on or approval for
planning, and shall inter alia include the following main contents:
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b) Investment projects funded by sources other than
public investment capital;
c) Resources and use of resources for planning
implementation.
3. The Government
shall stipulate required documentation and procedures for issuance and
modification of planning implementation plans.
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;
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6. Assurance of
financial resources;
7. Assurance of
national defense and security.
Article 47. Resources for
planning implementation
1. Ministries and
ministerial authorities shall, within their power, provide resources or request
a competent authority to provide resources for planning implementation.
2. The Ministry of
Planning and Investment shall take charge and cooperate with the Ministry of
Finance in requesting funding for public investment projects in accordance with
regulations of the Law on Public Investment and Law on State Budget to a
competent authority.
3.
(repealed)
4. Each provincial
People's Committee shall, within the ambit of its assigned tasks and powers,
allocate resources for implementation of its 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.
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Section 2. ASSESSMENT OF
PLANNING IMPLEMENTATION
Article 49. Responsibilities
for assessment of planning implementation
1. The planning
implementation shall be assessed on a periodical basis of every 05 years or on
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) The People’s Committees of provinces shall
assess the implementation of the provincial planning.
3. The authority
charged with assessing the national comprehensive planning, national marine spatial
planning and national land use planning shall submit an assessment report to
the Government. When necessary, the Government
shall submit it to the National Assembly.
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Article 50. Contents of
assessment of planning implementation
1. Consolidation,
analysis and assessment of the implementation and implementation results;
assessment of the extent of accomplishment compared to the planning or the
previous period’s extent of accomplishment.
2. Factors and
reasons affecting the implementation and implementation results; proposed
solutions for improvement of effectiveness in planning during the planning
period and the next planning period; request for adjustments to the planning
(if any).
Section 3. ADJUSTMENT TO
PLANNING
Article 51. Principles of
planning adjustment
1. The planning
adjustment shall be made following the procedures in Article 54 of this Law on
any of the grounds specified in Article 53 of this Law.
2. The authority
that has the power to decide or approve the planning shall have the power to
decide or approve adjustments to such planning, except the cases specified in
points b and c clause 6 Article 54a of this Law.
3. The authority
that has the power to organize planning formulation shall organize the
formulation of adjustments to the planning.
4. Adjustments to
the planning must not cause any changes in objectives of the planning, except
the cases specified in clauses 1, 2, 3 and 4 Article 53 of this Law.
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Adjustments to planning shall be made if one of the
following bases is available:
1. Adjustments to
the objectives of the socio-economic development strategy and field and sector
development strategy change the objectives of the planning;
2. Adjustments to
the planning at a higher level change contents of the planning or the plannings
at the same level are inconsistent with each other;
3. Changes or
adjustments to administrative division affect the nature and scale of space of
the planning;
4. Effects of
natural disasters, climate change and war change the objectives, orientations
and spatial organization of the planning;
5. Random
fluctuations of the socio-economic situation limit the resources for planning
implementation;
6. Development of
science and technology considerably changes the planning implementation;
7. Assurance of
nation defense and security is required.
Article 54. Procedures for and
power of adjustment to planning
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Ministries and ministerial authorities shall submit
the guidelines for adjustments to the national sector planning within their
power to the Prime Minister for approval.
The Ministry of Planning and Investment shall
submit the guidelines for adjustments to the regional planning to the Prime
Minister for approval.
The People’s Committees of the provinces shall
submit the guidelines for adjustments to the provincial planning to the Prime
Minister for approval.
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.
Article 54a. Adjustment of
planning following simplified procedure
1. Adjustments to the
planning following simplified procedure must not cause any changes in
viewpoints and objectives of the planning; must ensure connectivity,
uniformity, inheritance and stability between plannings.
2. A national,
regional or provincial planning shall be adjusted following simplified
procedure on one of the following grounds:
a) Implementation of resolutions of the National
Assembly, Standing Committee of National Assembly or Government on protection
of national defense and security or arrangement of administrative divisions, or
nationally important projects results in changes in one or some contents of the
planning;
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c) There are conflicts between this planning and
another planning at the same level;
d) Implementation of emergency projects or urgent
tasks results in changes in one or some contents of the planning according to
the Government’s regulations.
3. Upon occurrence
of the event specified in point b or c clause 2 of this Article, the Government
shall consider approving the guidelines for adjustments to the national marine
spatial planning and/or the national land use planning.
4. Upon occurrence
of the event specified in point b or c clause 2 of this Article, the Prime Minister
of Vietnam shall consider approving the guidelines for adjustments to the
national sector planning, regional planning and/or provincial planning.
5. The authority
in charge of organizing the planning formulation or the planning authority
shall prepare and send a planning adjustment dossier to relevant authorities
for their opinions; respond to received opinions, modify and submit a complete
planning adjustment dossier to a competent authority for decision or approval.
6. Power to make
decision or approval for adjustments to planning:
a) The National Assembly shall decide adjustments
to the national comprehensive planning, national marine spatial planning and
national land use planning;
b) The Minister who is assigned to organize
formulation of the national sector planning or regional planning shall consider
approving adjustments to such planning, and submit a report thereon to the
Prime Minister;
c) Chairpersons of provincial People’s Committees
shall consider approving adjustments to their provincial plannings, and submit
reports thereon to the Prime Minister.
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Chapter V
STATE MANAGEMENT OF
PLANNING
Article 55. Responsibilities
of the Government, Ministries and ministerial authorities for state management
of planning
1. The Government
shall uniform state management of planning; unveil plans, policies and
solutions for and provide resources for implementation of the national
comprehensive planning, national marine spatial planning and national land use
planning.
2. The Prime
Minister shall issue policies, solutions and provide resources for
implementation of the national sector planning, regional planning, and regional
planning implementation plans.
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;
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dd) Issue guidelines for determination of planning
costs of national, regional and provincial plannings;
e) Take charge and cooperate with relevant
authorities in international cooperation in planning;
g) Take charge and cooperate in providing and
managing training for human resources, researching and applying science and
technology to planning;
h) Cooperate with relevant authorities and
organizations in disseminating the law on planning.
4. Ministries and
ministerial authorities shall, within their power, cooperate with the Ministry
of Planning and Investment in performing state management of planning and have
the following tasks and powers:
a) Issue plans for implementation of the national
sector planning; request the Prime Minister to issue policies, solutions and
provide resources for implementation of the national sector planning; request
the Prime Minister to establish the national sector planning appraisal council;
b) Organize implementation of the national sector
planning and development of the contents specified in the national
comprehensive planning, national marine spatial planning, national land use
planning and regional planning within their power;
c) Carry out inspections, settle complaints and
denunciations and take actions against violations of the law on planning;
d) Reward organizations and individuals for their
achievements in planning.
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a) Take charge and cooperate with Ministries,
ministerial authorities and People’s Committees of provinces in submitting the
land use plan to a competent authority to implement the national planning and
regional planning;
b) Request the Government to unveil plans, policies
and solutions and provide resources for implementation of the national marine
spatial planning and national land use planning;
c) Request the Prime Minister to establish a
council to appraise the national marine spatial planning, national land use
planning and national planning for national defense or security land.
6. The Ministry of
Finance has the tasks and powers specified in Clause 4 of this Article and the
following ones:
a) Take charge and cooperate with Ministries,
ministerial authorities and People’s Committees of provinces in submitting
plans and solutions for assurance of financial resources to the Prime Minister
to implement planning;
b) (repealed)
Article 56. Responsibilities
of the People’s Committees of provinces for state management of planning
The People’s Committees of provinces shall, within
their power, perform state management of planning within their provinces and
have the following tasks and powers:
1. Issue
provincial planning implementation plans; issue within their competence or
request competent authorities to issue policies and solutions, and provide
resources for implementation of provincial planning;
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3. Cooperate in
formulating the national planning and relevant regional planning;
4. Organize
dissemination of planning law;
5. Carry out
inspections, settle complaints and denunciations and take actions against
violations of the law on planning;
6. Reward
organizations and individuals for their achievements in planning.
Chapter VI
IMPLEMENTATION CLAUSE
Article 57. Amendments to
certain articles of the laws relating to planning
1. Clause 2,
Article 50 of the Law on Information Technology No. 67/2006/QH11 is amended as
follows:
“2. The Ministry of Information and
Communications shall announce the list and formulate a plan for development of
focal information technology products during each period in conformity with the
information technology development strategy.”.
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a) Point g, Clause 3 of Article 19 is annulled;
b) Point a, Clause 2 of Article 128 is amended as
follows:
“a) Conform to the relevant planning decided or
approved by the competent authority;”.
3. Certain
articles of the Law on Veterinary Medicine No. 79/2015/QH13 are amended as
follows:
a) Point b, Clause 1 of Article 5 is amended as
follows:
“b) Creation of system for tracing origin of
animals and animal products; creation of a network of slaughterhouses and
animal product preparing establishments towards industrialization in
association with breeding areas;”;
b) Point b, Clause 1 of Article 9 is amended as
follows:
“b) Formulate planning for animal epidemic-free
zones and establishments, integrate it into the provincial planning and
organize implementation thereof; formulate, unveil and organize implementation
of the plan for prevention and fighting against animal diseases; programs for
supervision, control and eradication of animal diseases;”;
c) Clause 3 and Clause 4, Article 40 are amended as
follows:
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4. The People's
Committees of provinces shall, according to the regulation of the Minister of
Agriculture and Rural Development that is specified in Clause 3 of this
Article, decide to establish and organize quarantine of animals and animal
products of animal quarantine stations at main roads in within their
provinces.”;
d) Point b, Clause 1 of Article 76 is amended as
follows:
“b) Direct creation of a network of
centralized slaughterhouses and formulation of plans for centralized animal
slaughter;”;
dd) Point a, Clause 2 of Article 76 is amended as
follows:
“a) Cooperate with relevant divisions and
sectors in setting up a network of centralized slaughterhouses;”.
4. Article 58 of
the Law on National Reserve No. 22/2012/QH13 is amended as follows:
“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:
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b) Ensure continuity in the system of national
reserve warehouses according to territorial lines and regions;
c) Ensure development towards modernization;
d) Conform to the amount of investments;
dd) Clearly determine implementation solutions and
roadmaps.
3. The
formulation, appraisal, approval, announcement, implementation and adjustment
of the comprehensive national reserve warehouse system planning shall be
carried out in accordance with regulations of the Law on Planning and other
relevant regulations of law.”.
5. Article 8 of
the Law on Vocational Education No. 74/2014/QH13 is amended as follows:
“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:
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b) Dispose vocational education institutions in
every area or local government;
c) Develop teaching staff and vocational education
administrative officials;
d) Invest in training facilities and equipment.
3. The formulation,
appraisal, approval, announcement, implementation and adjustment of the
national vocational educational institution network planning shall be carried
out in accordance with regulations of the Law on Planning and other relevant
regulations of law.
4. Ministries,
ministerial authorities and People’s Committees of provinces shall, according
to the national vocational educational institutions network planning, formulate
and approve the planning for a network of their vocational educational institutions
and take responsibility for directing the implementation thereof.
The planning for a network of national vocational
educational institutions of Ministries, ministerial authorities and local
governments shall be integrated into the planning under the national planning
system in accordance with regulations of the Law on Planning.”.
6. 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:
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“a) Conform to the national socioeconomic
development strategy, national planning and national socio-economic development
plan during each period; comply with Vietnamese laws and international treaties
to which the Socialist Republic of Vietnam is a signatory;”;
b) Clause 3 of Article 8 is amended as follows:
“3. The Ministry of Information and Communications
shall formulate the national telecommunications development planning and
integrate it into the national information and communication infrastructure
planning in accordance with regulations of the Law on Planning and other
relevant regulations of law.”;
c) Point dd, Clause 1 of Article 14 is amended as
follows:
“dd) Be allowed to distribute telecommunications
resources in accordance with regulations on management of telecommunications
resources;”;
d) Clause 3 of Article 38 is amended as follows:
“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.”.
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a) Point d, Clause 2 of Article 5 is amended as
follows:
“d) The planning decided or approved by the
competent authority; socio-economic development plans; sector and regional
development plans; land use plans; list of investment projects and investments;
natural resource extraction plans and natural resource extraction;";
b) Article 33 is amended as follows:
“Article 33. Formulation, appraisal and approval
of planning, plans and list of investment projects
1. The
formulation, appraisal and approval of the planning under the national
planning; socio-economic development planning; sector and regional development
planning; and land use planning shall be conformable to the socio-economic
development strategy and orientation and capability of the economy.
2. The
formulation, appraisal and approval of the list of investment projects shall be
conformable to the planning decided or approved by the competent authority;
socio-economic development plans; plans for development of sectors, regions,
fields and products; land use plans.”;
c) Clause 1 of Article 34 is amended as follows:
“1. The formulation and appraisal of the
investment projects shall be conformable to the planning decided or approved by
the competent authority; socio-economic development plans; sector and regional
development plans; land use plans; list of investment projects in accordance
with regulations and standards on construction.”.
9. The socio-economic
development planning and comprehensive socio-economic development planning
which are specified in the Law on National Defense No. 39/2005/QH11, Law on
Radio Frequencies No. 42/2009/QH12, Law on Education No. 38/2005/QH11 already
amended in the Law on amendments to certain articles of the Law on Education No
44/2009/QH12, Law on Vietnamese Sea No. 18/2012/QH13, Law on Natural disaster
management No. 33/2013/QH13, Law on Housing No. 65/2014/QH13, Law on the
People’s Public Security Forces No.73/2014/QH13, Law On Natural Resources and
Environment of Sea And Islands No. 82/2015/QH13, Law on Access to Information
No. 104/2016/QH13, Law on Tourism No.09/2017/QH14, Ordinance on Plant Varieties
No. 15/2004/PL-UBTVQH11, Ordinance on Livestock Breeds No. 16/2004/PL-
UBTVQH11, Ordinance on Population No. 08/2008/PL-UBTVQH12 already amended in
the Ordinance on amendments to Article 10 of the Ordinance on Population No.
08/2008/PL-UBTVQH12 and other legislative documents shall be replaced with the
planning decided or approved by the competent authority.
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1. This Law comes
into force from January 01, 2019.
2. The regulations
of this Law on formulation and appraisal of the national planning, regional
planning and regional planning come into force from March 01, 2018.
The Government shall provide funding for
formulation and appraisal of the planning specified in this Clause in
accordance with regulations of the Law on Public Investment and Law on State
Budget.
Article 59. Transition
1. The planning
already decided or approved in accordance with regulations of Law before the
effective date of this Law shall be implemented as follows:
a) The national, regional and provincial planning
shall be implemented until the end of the planning period. If the contents of
such planning are inconsistent with regulations of this Law, such contents
shall be adjusted as prescribed by this Law;
b) The technically specialized planning specified
in Appendix 2 of this Law shall continue to be implemented in accordance with
relevant regulations of law. If the contents of such planning are inconsistent
with the planning at a higher level that is already decided or approved as
prescribed by this Law, such contents shall be adjusted to be consistent with
the planning at a higher level;
c) The planning integrated into the national,
regional and provincial planning shall be implemented until the national,
regional and provincial planning are decided or approved as prescribed by this
Law, except for the case prescribed in Point b of this Clause;
d) The planning for investment in and development
of specific goods, services and products, determination of the volume of goods,
services and produced and sold products that is decided or approved is null and
void no later than December 31, 2018.
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3.
The planning already decided or approved by the competent authority
according to the planning announced before the effective date of this Law shall
be implemented until the expiry of such planning in accordance with regulations
of law.
4. The Government
shall review and issue the list of planning set forth in Point c and Point d,
Clause 1 of this Article and Point 39 of the Appendix 2 before December 31,
2018.
5. The Government
shall review and request the National Assembly to amend the regulations on
planning which are specified in codes and laws on the list provided in the
Appendix 3 of this Law and other legislative documents to ensure conformity
with the Law on Planning and which come into force no later than January 01,
2019.
CERTIFIED BY
CHAIRMAN
Le Quang Tung
APPENDICES
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Appendix
I
LIST OF NATIONAL SECTOR PLANNING
No.
NAME OF
PLANNING
I
INFRASTRUCTURE
1.
Road network planning
2.
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3.
Comprehensive planning for seaport system development
4.
Comprehensive planning for development of
national airport and aerodrome system
5.
Inland waterway infrastructure planning
6.
National hydrometeorological station network
planning
7.
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8.
Power development planning
9.
Oil and gas storage and supply infrastructure
planning
10.
Information and communication infrastructure
planning
11.
Press agency, broadcasting and electronic
information establishment and publisher network development planning
12.
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13.
Tourism system planning
14.
Culture and sports facility network planning
15.
Public science and technology organization
network planning
16.
Higher education institution and pedagogical
institution network planning
17.
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18.
Vocational education institution network planning
19.
Social support center network planning
20.
Planning for system of sanatoriums taking care of
people with meritorious services to the revolution
21.
Fishing port and anchorage system planning
22.
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23.
Comprehensive planning for national reserve
warehouse system
24.
Planning for systems of national defense works,
military zones, and ammunition depots.
24a.
Planning for national defense industry.
24b.
Planning for security industry.
25.
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26.
Comprehensive planning for urban and rural
systems
27.
National defense and security education center
network planning
II
USE OF NATURAL RESOURCES
28.
Comprehensive planning for sustainable extraction
and use of coastal resources
29.[55]
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30.
Water resource planning
31.
(repealed)
32.
Planning for group-I minerals
33.
Planning for group-II minerals
34.
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35.
Aquatic resource protection and extraction
planning
36.
National defense land use planning
37.
Security land use planning
III
ENVIRONMENTAL PROTECTION
38.
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IV
BIODIVERSITY CONSERVATION
39.
Comprehensive biodiversity conservation planning
Appendix
II
LIST OF TECHNICALLY SPECIALIZED PLANNING
No.
NAME OF
PLANNING
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1a.
Provincial land use planning
Law on Land No. 31/2024/QH15
1.
District-level land use planning
Law on Land No. 45/2013/QH13
2.
National comprehensive environmental monitoring
planning
Law on Environmental Protection No. 55/2014/QH13
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Comprehensive inter-provincial river basin
planning
Law on Water Resources No. 28/2023/QH15
4.
Planning for protection, exploitation and use of
transboundary water sources
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.
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Law on Plant Protection and Quarantine No.
41/2013/QH13
7.
Irrigation planning
Law on Irrigation No.08/2017/QH14
8.
Planning for flood control on diked river routes
Law on Flood Control System No. 79/2006/QH11
9.
Flood control system planning
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10.
Planning for residential areas and production
areas for natural disaster adaptation
Law on Natural Disaster Management No.
33/2013/QH13
11.
Urban and rural planning
Law on Urban and Rural Planning No. 47/2024/QH15
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
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Archaeological planning
Law on Cultural Heritages No. 28/2001/QH10
amended in the Law on amendments to certain articles of the Law on Cultural
Heritages No. 32/2009/QH12
14.
Planning for the system of orthopedic and
functional rehabilitation establishments and care homes for disabled people
Law on Disabled People No. 51/2010/QH12
15.
Planning for aged care homes
Law on Elderly People No. 39/2009/QH12
16.
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Law on Higher Education No. 08/2012/QH13
17.
Provincial planning for a network of vocational
education and training institutions of provinces, Ministries and ministerial
authorities
Law on Vocational Education and Training No.
74/2014/QH13
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 infrastructure planning
Law on Road No. 35/2024/QH15
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
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 technically specialized planning to be
integrated into the system of national planning
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APPENDIX
III
LIST OF CODES AND LAWS CONTAINING REGULATIONS RELATING
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 Flood Control System 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