Decree No. 37/2019/ND-CP detailing the Planning Law

DECREE 

Detailing a number of articles of the Planning Law^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the June 15, 2018 Law Amending and Supplementing a Number of Articles of eleven Laws related to the Planning Law;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of thirty-seven Laws related to the Planning Law;

Pursuant to the December 22, 2018 Ordinance Amending and Supplementing a Number of Articles of four Planning-Related Ordinances;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree detailing a number of articles of the Planning Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details some provisions of Articles 15, 17, 19, 22, 23, 24, 25, 26, 27, 30, 40, 41 and 49 of the Planning Law.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the formulation, appraisal, decision on or approval, publicization, evaluation of implementation of national, regional and provincial master plans and other related agencies, organizations and individuals.

Article 3. Interpretation of terms

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

1. Master plan component means a content of a national overall master plan, national marine space master plan or regional master plans formulated for planning incorporation.

2. Agency organizing the formulation of a master plan component means a ministry, ministerial-level agency or provincial-level People’s Committee assigned or designated to organize the formulation of the master plan component for integration into a national overall master plan, national marine space master plan or regional master plan.

3. Agency formulating a master plan component means an agency assigned or designated to formulate a master plan component for integration into a national overall master plan, national marine space master plan or regional master plan.

4. National marine space means the space covering coastal land areas, islands, archipelagoes, water surface, water column, seabed and subsoil thereof within the internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf and air space under the sovereignty, sovereign rights and jurisdiction of Vietnam.

Article 4. Conditions on professional capacity for organizations providing consultancy on the formulation of master plans

1. An organization providing consultancy on the formulation of master plans must have at least 1 consultant who satisfies the conditions prescribed in Clause 2 of this Article and at least 5 consultants who satisfy the conditions prescribed in Clause 3 of this Article. An organization providing consultancy on the formulation of the components or contents of a national sectoral master plan or provincial master plan must have at least 1 consultant satisfying the conditions prescribed in Clause 3 of this Article.

2. A consultant being the manager of a planning project must possess a university or higher degree in the field relevant to the master plan to be formulated, has already taken charge of formulating at least 1 master plan of the same level with the one to be formulated or has directly participated in formulating at least 2 master plans of the same level with the one to be formulated.

In case of a national-level master plan to be formulated for the first time in Vietnam, a consultant being the manager of the planning project must possess a university or higher degree in the field relevant to the master plan to be formulated and has already taken charge of formulating at least 2 regional master plans or 1 master plan formulated for an inter-provincial river basin.