THEGOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 37/2019/ND-CP | | Hanoi, May 7, 2019 |
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.
3. A consultant who is in charge of formulating components or contents of a national sectoral master plan or provincial master plan must possess a university or higher degree in the field relevant to components or contents of the to-be-formulated master plan and has directly taken part in formulating at least 1 master plan 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 who is in charge of formulating components or contents of a national sectoral master plan must possess a university or higher degree in the field relevant to components or contents of the to-be-formulated master plan and has taken charge of formulating at least 1 master plan or has directly participated in formulating at least 2 regional master plans or the master plan formulated for an inter-provincial river basin.
Article 5.Forms of publicizing master plans
1. In addition to complying with Clause 1, Article 40 of the Planning Law, a master plan shall be publicized in the form specified in Clause 2, 3, 4 or 5 of this Article and in accordance with the Law on Protection of State Secrets.
2. A master plan shall be publicized in the mass media in the forms:
a/ Announcing summarized contents of the decision on or approval of the master plan and the list of projects prioritized for investment during the planning period on a news channel or program of the national radio or television station for national-level or regional master plans or that of the provincial radio or television station for provincial master plans;
b/ Publishing summarized contents of the master plan at least once on the front page of a print press or on the home page of an online press for at least 30 days.
3. A master plan shall be publicized through displaying mock-ups, a system of diagrams, maps and databases in one of the following forms:
a/ Organizing an exhibition introducing the master plan;
b/ Displaying diagrams and maps ofthe master plan, the decision on or written approval of the master plan, mock-ups and databases of the master plan at the agency organizing the formulation of the master plan and agency formulating the master plan.
4. Organizing conferences and seminars to disseminate contents of the master plan or a plan on implementation of the master plan.
5. Distributing publications, including books, pamphlets and videos introducing contents and a plan on implementation of the master plan and projects prioritized for investment during the planning period.
Article 6.Evaluation of implementation of master plans
1. The evaluation of the implementation of master plans shall be carried out on an annual, five-year or extraordinary basis under Clause 2, Article 49 and Article 50 of the Planning Law and this Decree.
2. Agencies evaluating the implementation of master plans shall send their evaluation reports to competent authorities under Clause 3, Article 49 of the Planning Law.
3. A report on periodic evaluation of implementation of the master plan constitutes a part of the report on planning activities specified in Clause 1, Article 48 of the Planning Law.
4. Agencies organizing the formulation of master plans shall, based on reports on evaluation of implementation of master plans submitted to competent authorities for decision on or approval of master plans, consider, decide on or approve the timely adjustment of such master plans to make them suitable to practical conditions.
Article 7.Criteria for the evaluation of the implementation of master plans
1. Criteria for the overall evaluation of results of the implementation of master plans:
a/ Results of the achievement of economic development goals;
b/ Results of the achievement of social development goals;
c/ Results of the achievement of objectives of sustainable use of resources, environmental protection, prevention and control of natural disasters and response to climate change;
d/ Results of the assurance of national defense and security.
2. Criteria for the evaluation of the implementation of projects prioritized for investment during the planning period:
a/ List and investment plans and schedules of on-going public investment projects;
b/ List and investment plans and schedules of on-going projects financed by sources other than public investment ones;
c/ List of projects prioritized for investment during the planning period that have not yet been implemented and reasons;
d/ List of projects already put into operation and their socio-economic efficiency and environmental impacts.
3. Criteria for the evaluation of the use of natural resources during the implementation of master plans:
a/ Land use; efficiency of land use compared with the previous planning period and master plans’ objectives; solutions for saving land and improving the efficiency of land use already applied during the implementation of master plans;
b/ Use of water resources, mineral resources, forest resources, marine resources and other resources; the efficiency of use of natural resources compared with the preceding planning period and planning objectives; solutions for saving natural resources and raising the efficiency of use of natural resources already applied during the implementation of master plans;
c/ Technical and managerial solutions applied to mitigate adverse environmental impacts caused by the use of land and other natural resources during the implementation of master plans.
4. Criteria for the evaluation of policies and solutions for organizing the implementation of master plans:
a/ Policies and solutions to attract investment, develop human resources, develop science and technology, ensure social security, protect the environment, ensure financial resources and national defense and security already promulgated to implement master plans;
b/ Effect and efficiency of policies and solutions promulgated to implement master plans;
c/ Conformity of related specialized master plans and urban and rural master plans with master plans of which the implementation has been evaluated under the Planning Law;
d/ The settlement of complaints and denunciations and handling of violations related to the formulation, appraisal, approval, implementation and adjustment of master plans during the implementation of master plans;
dd/ Problems arising in the course of implementation of master plans and proposed settlement solutions.
Chapter II
FORMULATION OF MASTER PLANS
Section 1
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS INVOLVED IN THE FORMULATION OF MASTER PLANS
Article 8.Responsibilities of agencies organizing the formulation of master plans
1. Agencies organizing the formulation of the national overall master plan, national marine space master plan, national land use master plan and regional master plans shall:
a/ Decide on agencies formulating master plans;
b/ Consider and decide on the selection of a plan to integrate master plan components into the to-be-formulated master plan for the national overall master plan, national marine space master plan and regional master plans; consider and decide on handling issues on which opinions remain divergent among agencies formulating master plans and related agencies and organizations during the formulation of the national land use master plan;
c/ Submit the national overall master plan, national marine space master plan and national land use master plan to the National Assembly for decision;
d/ Urge, monitor and solve problems arising in the course of, formulation of master plans.
2. Agencies organizing the formulation of national sectoral master plans shall:
a/ Decide on agencies formulating national sectoral master plans;
b/ Assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, determining the task of formulating national sectoral master plans;
c/ Submit such task to the Government for approval;
d/ Submit to the Prime Minister for consideration and decision the selection of an organization providing consultancy on the formulation of the national sectoral master plan in case no consultancy organization satisfies the conditions on professional capacity prescribed in Article 4 of this Decree;
dd/ Assign agencies and organizations to participate in formulating national sectoral master plans’ contents according to the approved master plan formulation task;
e/ Consider and decide on the selection of a plan to integrate master plans’ contents formulated by participating agencies and organizations into national sectoral master plans;
g/ Collect opinions of related agencies, organizations and individuals on national sectoral master plans;
h/ Submit national sectoral master plans to the Prime Minister for approval;
i/ Urge, monitor and solve problems arising in the course of formulation of national sectoral master plans.
3. Agencies organizing the formulation of provincial master plans shall:
a/ Decide on agencies formulating provincial master plans;
b/ Submit the task of formulating provincial master plans to the Prime Minister for approval;
c/ Assign agencies, organizations and district-level People’s Committees to formulate provincial master plans’ contents according to the approved master plan formulation task;
d/ Consider and decide on the selection of a plan to integrate master plans’ contents formulated by participating agencies and organizations into provincial master plans;
dd/ Submit provincial master plans to the Prime Minister for approval;
e/ Urge, monitor and solve problems arising in the course of formulation of provincial master plans.
Article 9.Responsibilities of agencies formulating the national overall master plan, national marine space master plan and regional master plans
1. To assume the prime responsibility for, and coordinate with related agencies and organizations in, determining the master plan formulation task, which covers the following activities:
a/ Identifying requirements on viewpoints, objectives and principles for formulation of master plans; to identify master plan components to be integrated into to-be-formulated master plans; identifying the scope of research and specific contents of each component as suitable to contents of to-be-formulated master plans; proposing the assignment of agencies organizing the formulation of master plan components; working out plans to formulate master plans; estimating funds for formulating master plans as well as master plan components in accordance with law; and making reports explaining the master plan formulation task;
b/ Submitting the master plan formulation task for appraisal and approval;
c/ Agencies formulating master plans may hire consultants who satisfy the conditions on professional capacity prescribed in Article 4 of this Decree to determine the master plan formulation task.
2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing plans to formulate master plans according to the approved master plan formulation task.
3. To select organizations providing consultancy on the formulation of master plans that satisfy the conditions on professional capacity prescribed in Article 4 of this Decree; to report to the Prime Minister for consideration and decision the selection of organizations providing consultancy on the formulation of the national overall master plan and national marine space master plan in case no consultancy organization satisfies the conditions on professional capacity prescribed in Article 4 of this Decree.
4. To assume the prime responsibility for, and coordinate with related agencies in, organizing surveys, collecting information and exploiting national information systems and databases on master plans to serve planning activities.
5. To assume the prime responsibility for, and coordinate with related agencies and organizations in, studying, analyzing, evaluating and forecasting factors, conditions, resources and context for development and evaluating actual development, proposing guidelines, development objectives and priority orientations to serve as a basis for the formulation of master plans and master plan components; to set orientations for research and limits in the research content and scope for master plan components for agencies formulating master plan components to implement.
6. To assume the prime responsibility for, and coordinate with agencies formulating master plan components in, integrating master plan components in to-be-formulated master plans, which cover the following activities:
a/ Reviewing contents of master plan components; determining principles and methods of integrating master plan components into to-be-formulated master plans; identifying overlapping and contradictory contents, irrational and infeasible proposals during the planning period; combining and incorporating contents of master plan components;
b/ Considering and handling inter-sectoral, inter-regional and inter-provincial issues; identifying areas prioritized, encouraged or restricted in socio-economic and infrastructure development and urbanization; laying down criteria for identifying projects prioritized for investment during the planning period, and data for drawing up a list of important projects and order of priority for implementation thereof;
c/ Formulating and selecting plans to integrate master plan components into to-be-formulated master plans; requesting agencies formulating master plan components to revise contents of master plan components so as to ensure the consistency, synchronicity and efficiency of to-be-formulated master plans;
d/ If opinions remain divergent on the integration of a master plan, the agency formulating the master plan shall sum up opinions, propose a plan on integration of the master plan and report such to the agency organizing the formulation of the master plan for consideration and decision; adjusting the plan to integrate the master plan and finalizing the master plan according to the conclusion of the agency organizing the formulation of the master plan.
7. To collect opinions of related agencies, organizations and individuals on the master plan.
8. To submit the master plan for appraisal; to report the national overall master plan and national marine space master plan to the Government for consideration and submission to the National Assembly for decision; to submit regional master plans to the Prime Minister for approval.
Article 10.Responsibilities of agencies formulating the national land use master plan
1. To assume the prime responsibility for, and coordinate with related agencies and organizations in, determining the master plan formulation task, which cover the following activities:
a/ Identifying requirements on viewpoints, objectives and principles for formulation of the master plan; identifying the scope of research and requirements on contents and methods of formulating the master plan; proposing the assignment of responsibilities to related agencies and organizations in contents of the master plan; working out a plan on formulation of the master plan;estimating expenses for formulating the master plan in accordance with law; and making reports explaining the master plan formulation task;
b/ Submitting the master plan formulation task for appraisal and approval;
c/ Agencies formulating master plans may hire consultants who satisfy the conditions on professional capacity prescribed in Article 4 of this Decree to determine the master plan formulation task.
2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing the plan on formulation of the master plan according to the approved master plan formulation task.
3. To select organizations providing consultancy on the formulation of master plans that satisfy the conditions on professional capacity prescribed in Article 4 of this Decree;
4. To assume the prime responsibility for, and coordinate with related agencies in, organizing surveys, collecting information and exploiting national information systems and databases on master plans to serve the formulation of master plans.
5. To assume the prime responsibility for, and coordinate with related agencies and organizations in, formulating master plans. If opinions remain divergent on the master plan, the agency formulating the master plan shall sum up opinions, propose a plan and report it to the agency organizing the formulation of the master plan for consideration and decision; to finalize the master plan according to the conclusion of the agency organizing the formulation of the master plan.
6. To collect opinions of related agencies, organizations and individuals on the master plan.
7. To submit the master plan for appraisal and report it to the agency organizing the formulation of the master plan for consideration and submission to the National Assembly for decision.
Article 11.Responsibilities of agencies formulating national sectoral master plans, provincial master plans
1. To assume the prime responsibility for, and coordinate with related agencies and organizations in, determining the master plan formulation task, which covers the following activities:
a/ Identifying requirements on viewpoints, objectives and principles for formulation of master plans; identifying the scope of research and requirements on contents and methods of formulating master plans; proposing the assignment of related agencies and organizations to participate in formulating contents of master plans; working out plans to formulate master plans;estimating expenses for formulating master plans in accordance with law; and making reports explaining the master plan formulation task;
b/ Submitting the master plan formulation task for appraisal after reporting to agencies organizing the formulation of master plans for consideration and approval;
c/ Agencies formulating master plans may hire consultants who satisfy the conditions on professional capacity prescribed in Article 4 of this Decree to determine the master plan formulation task.
2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing plans to formulate master plans according to the approved master plan formulation task.
3. To select organizations providing consultancy on the formulation of master plans that satisfy the conditions on professional capacity prescribed in Article 4 of this Decree; to report to agencies organizing the formulation of master plans for submission to the Prime Minister for consideration and decision the selection of an organization providing consultancy on the formulation of a national sectoral master plan in case no consultancy organization satisfies the conditions on professional capacity prescribed in Article 4 of this Decree.
4. To assume the prime responsibility for, and coordinate with related agencies in, organizing surveys, collecting information and exploiting national information systems and databases on master plans to serve the formulation of master plans.
5. To assume the prime responsibility for, and coordinate with related agencies and organizations in, studying, analyzing, evaluating and forecasting factors, conditions, resources and context for development and evaluating actual development, and proposing guidelines, development objectives and priority orientations to serve as a basis for the formulation of master plans; to set orientations for research and limits in the research content and scope for master plans’ contents assigned to related agencies and organizations.
6. To assume the prime responsibility for, and coordinate with related agencies and organizations in, integrating contents of master plans proposed by the latter into to-be-formulated master plans, which cover the following activities:
a/ Reviewing master plans’ contents proposed by related agencies and organizations; determining principles and methods of integrating master plans’ contents into to-be-formulated master plans; identifying overlapping and contradictory contents, irrational and infeasible proposals during the planning period; combining and incorporating master plans’ contents proposed by related agencies and organizations;
b/ Considering and handling inter-sectoral and inter-regional issues; identifying areas prioritized, encouraged or restricted in socio-economic and infrastructure development and urbanization; laying down criteria for determining projects prioritized for investment during the planning period, data for drawing up a list of important projects and order of priority for implementation;
c/ Formulating and selecting plans to integrate master plans’ contents proposed by related agencies and organizations into to-be-formulated master plans; requesting related agencies and organizations to revise and finalize master plans’ assigned contents so as to ensure the consistency, synchronicity and efficiency of to-be-formulated master plans;
d/ If opinions remain divergent on the integration of contents of the master plan into to-be-formulated master plan, the agency formulating the master plan shall sum up opinions, propose a plan on integration of the master plan and report such to the agency organizing the formulation of the master plan for consideration and decision; adjusting the plan to integrate contents of the master plan into to-be-formulated master plan and finalize the master plan according to the conclusion of the agency organizing the formulation of the master plan.
7. To collect opinions of related agencies, organizations and individuals on planning for provincial master plans.
8. To submit master plans for appraisal and report them to agencies organizing the formulation of master plans for consideration and submission.
Article 12.Responsibilities of agencies organizing the formulation of master plan components and agencies formulating master plan components
1. Agencies organizing the formulation of master plan components shall:
a/ Decide on agencies formulating master plan components;
b/ Selectorganizations providing consultancy on the formulation of master plan components; organize the appraisal of master plan components before sending them to agencies formulating master plans;
c/ Coordinate with agencies formulating master plans in integrating master plan components into master plans.
2. Agencies formulating master plan components shall:
a/ Formulate master plan components under the direction of agencies organizing the formulation of master plan components and at the request of agencies formulating master plans;
b/ Revise contents of master plan components as assigned at the request of agencies formulating master plans.
Article 13.Responsibilities of agencies and organizations involved in the formulation of contents of national sectoral master plans or provincial master plans
1. To coordinate with agencies formulating master plans and organizations providing consultancy on the formulation of master plans in analyzing, evaluating and forecasting factors, conditions, resources and context for development and evaluating actual local socio-economic development, proposing guidelines, development objectives and priority orientations to serve as a basis for the formulation of master plans.
2. Propose contents in the fields under their management to be included into master plans and send them to agencies formulating master plans.
3. When necessary, agencies and organizations involved in the formulation of contents of national sectoral master plans or provincial master plans may choose consultants who satisfy the conditions on professional capacity prescribed in Article 4 of this Decree to formulate contents of national sectoral master plans or provincial master plans as assigned according to the approved master plan formulation task.
4. To coordinate with agencies formulating master plans and organizations providing consultancy on the formulation of master plans in handling inter-sectoral and inter-provincial issues so as to ensure the consistency, synchronicity and efficiency of master plans.
5. To revise and finalize contents of master plans as assigned at the request of agencies formulating master plans.
6. To take responsibility before agencies formulating master plans for the quality and period of implementation of contents of master plans assigned to be formulated and integrated into to-be-formulated master plans.
Article 14.Responsibilities of organizations providing consultancy on the formulation of master plans and organizations providing consultancy on the formulation of master plan components
1. Responsibilities of organizations providing consultancy on the formulation of the national overall master plan, national marine space master plan and regional master plans
a/ To take responsibility before law and agencies formulating master plans for the quantity, implementation period and quality of master plan products;
b/ To coordinate with agencies formulating master plan components and organizations providing consultancy on the formulation of master plan components in the course of formulation of master plans and integration of master plan components into to-be-formulated master plans;
c/ To study and propose principles and methods of integration of master plan components into to-be-formulated master plans.
2. Responsibilities of organizations providing consultancy on the formulation of the national land use master plan
a/ To take responsibility before law and agencies formulating master plans for the quantity, implementation period and quality of master plan products;
b/ To coordinate with related agencies and organizations in the course of formulation of the master plan.
3. Responsibilities of organizations providing consultancy on the formulation of national sectoral master plans and provincial master plans
a/ To take responsibility before law and agencies formulating master plans for the quantity, implementation period and quality of master plan products;
b/ To coordinate with related agencies and organizations in the course of formulation of master plans;
c/ To study and propose principles and methods of integration of master plan components into national sectoral master plans and provincial master plans.
4. Responsibilities of organizations providing consultancy on the formulation of master plan components
a/ To take responsibility before law and agencies organizing the formulation of master plans for the quantity, implementation period and quality of master plan products;
b/ To coordinate with agencies formulating master plan components in formulating master plan components;
c/ To coordinate with organizations providing consultancy on the formulation of master plans in, studying and proposing principles and methods of integration of master plan components into to-be-formulated master plans.
Section 2
MASTER PLAN FORMULATION TASK
Article 15.Bases for the determination of the master plan formulation task
1. Legal documents and related grounds.
2. Reports on review and evaluation of the implementation of the previous period’s master plans.
Article 16.Requirements on contents and methods of formulating master plans
1. Requirements on contents of formulating a master plan:
a/ Name, boundaries and period of the master plan;
b/ Viewpoints, objectives and principles for formulation of the master plan;
c/ Forecast of development prospects and demands in the period of the master plan;
d/ Principal contents of the master plan;
dd/ Principal contents of master plan components, for the national overall master plan, national marine space master plan and regional master plans;
e/ A strategic environmental assessment report, for master plans that are required to make strategic environmental assessment reports in accordance with the law on environmental protection;
g/ Composition, quantity, standards and specifications of the master plan dossier.
2. Requirements on rationality, practicality and reliability of methods of approaching and formulating master plans.
3. Requirements on plan and progress of formulating master plans.
Article 17.Time limit for formulation of master plans
1. The time limit for formulation of the national overall master plan, national marine space master plan, national land use master plan and regional master plans is 30 months after the master plan formulation task is approved, with the time limit for formulation of master plan components not exceeding18 months for the national overall master plan, national marine space master plan and regional master plans.
2. The time limit for formulation of national sectoral master plans and provincial master plans is 24 months after the master plan formulation task is approved.
Article 18.Appraisal of master plan formulation tasks
1. Formation of a council for appraisal of the master plan formulation task
a/ The Ministry of Planning and Investment shall submit to the Government the formation of a council for appraisal of the task of formulating the national overall master plan and designate a standing body of this council; submit to the Prime Minister the formation of a council for appraisal of the task of formulating regional master plans or provincial master plans and designate a standing body of this council.
b/ The Ministry of Natural Resources and Environment shall submit to the Government the formation of a council for appraisal of the task of formulating the national marine space master plan or national land use master plan and designate a standing body of this council;
c/ Ministries and ministerial-level agencies assigned to organize the formulation of national sectoral master plans shall submit to the Prime Minister the formation of a council for appraisal of the task of formulating national sectoral master plans and designate a standing body of this council.
2. Components of a council for appraisal of the master plan formulation task:
a/ A council for appraisal of the task of formulating the national sectoral master plan, national marine space master plan, national land use master plan or a regional master plan shall be composed of its chairperson and members. Its chairperson is the Prime Minister or a Deputy Prime Minister and its members include representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, related ministries, ministerial-level agencies and planning experts;
b/ A council for appraisal of the task of formulating a national sectoral master plan shall be composed of its chairperson and members. Its chairperson is a leader of a line ministry and its members include representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, related ministries, ministerial-level agencies and planning experts.
c/ A council for appraisal of the task of formulating a provincial master plan shall be composed of its chairperson and members. Its chairperson is a leader of the Ministry of Planning and Investment and its members include representatives of the Ministry of Construction, Ministry of Planning and Investment, Ministry of Finance, Ministry of Natural Resources and Environment, related ministries, ministerial-level agencies and planning experts.
3. Activities of a council for appraisal of the master plan formulation task
a/ An appraisal council shall appraise the master plan formulation task and be dissolved after accomplishing its tasks;
b/ A meeting for appraisal of the master plan formulation task shall be held when at least three-quarters of the council’s members attend the meeting, including the council’s chairperson and a representative of the council’s standing body, and with the presence of a representative of the agency formulating the master plan;
c/ The council shall work on a collective basis, and make public discussions and majority vote to approve the master plan formulation task;
d/ The master plan formulation task may be submitted for approval when at least three-quarters of the council’s members attending the meeting vote for approval or vote for approval with modifications;
dd/ The standing body of the council shall receive, study and process dossiers for appraisal of the master plan formulation task and provide them to the council’s members for examination and giving of opinions, hold meetings of the council, and make meeting minutes; request the agency formulating the master plan to revise, finalize or re-determine the master plan formulation task based on the council’s conclusions; organize re-appraisal of the master plan formulation task in case it is not approved; and draft a report on appraisal of the master plan formulation task and submit it to the council’s chairperson for approval.
4. A dossier for appraisal of the master plan formulation task must comprise:
a/ A written proposition for appraisal of the master plan formulation task;
b/ The Government’s draft resolution on the task of formulating the national overall master plan, national marine space master plan or national land use master plan; the Prime Minister’s draft decision on the task of formulating national sectoral master plans, regional master plans or provincial master plans;
c/ A report explaining the master plan formulation task;
d/ Other documents (if any).
5. Contents of the appraisal of the master plan formulation task:
a/ Rationality of legal grounds;
b/ Appropriateness, rationality and reliability of contents and methods of formulating master plans;
c/ Compatibility of master plan components with contents of to-be-formulated master plans, for the national overall master plan, national marine space master plan or regional master plans;
d/ Conformity of contents of the master plan formulation task with expense estimates and funding sources for the formulation of master plans;
dd/ Feasibility of the plan on formulation of the master plan.
6. The time limit for appraising the master plan formulation task is 45 days after the standing body of the council for appraisal of the master plan formulation task receives a complete dossier for appraisal.
7. Report on appraisal of the master plan formulation task
a/ A report on appraisal of the master plan formulation task must clearly demonstrate opinions of the council on contents of the appraisal of the master plan formulation task specified in Clause 5 of this Article and the conclusion on whether the master plan formulation task is qualified or unqualified for approval;
b/ Within 10 days after the appraisal is completed, the appraisal council’s standing body shall send a report on appraisal of the master plan formulation task to the agency formulating the master plan;
c/ Within 15 days after receiving a report, the agency formulating the master plan shall study, explain and assimilate appraisal opinions and modify and complete the dossier for approval of the master plan formulation task.
Article 19.Approval of the master plan formulation task
1. A dossier for approval of the master plan formulation task must comprise:
a/ A written request for approval of the master plan formulation task;
b/ The Government’s draft resolution on the task of formulating the national overall master plan, national marine space master plan or national land use master plan; the Prime Minister’s draft decision on the task of formulating national sectoral master plans, regional master plans or provincial master plans;
c/ A report on appraisal of the master plan formulation task;
d/ A report on explanation and assimilation of opinions of the council for appraisal of the master plan formulation task on contents of the master plan formulation task;
dd/ A report explaining the revised master plan formulation task;
e/ Other documents (if any).
2. The Government’s resolution or the Prime Minister’s decision on approval of the master plan formulation task must have the following principal contents:
a/ Name, period and boundaries of the master plan;
b/ Requirements on viewpoints, objectives and principles for the formulation of the master plan;
c/ Requirements on contents and methods of formulating the master plan;
d/ Time limit for formulation of the master plan;
dd/ Regulations on composition, quantity as well as standards and specifications of the master plan dossier;
e/ Expenses for the formulation of the master plan;
g/ Determination of master plan components and expenses for formulating each master plan component, for the national overall master plan, national marine space master plan or regional master plans; or contents of the master plan formulated by participating agencies and organizations, for national sectoral master plans or provincial master plans;
h/ Assignment of the task to the agency formulating the master plan and agencies organizing the formulation of master plan components, for the national overall master plan, national marine space master plan or regional master plans; to the agency formulating the master plan, for the national land use master plan; or to agency organizing the formulation of the master plan, for national sectoral master plans or provincial master plans.
Section 3
CONTENTS OF MASTER PLANS
Article 20.Contents of the national overall master plan
The national overall master plan covers the following principal contents:
1. The contents prescribed at Point a, Clause 2, Article 22 of the Planning Law.
2. Determination of development viewpoints and objectives:
a/ Viewpoints on national development during the planning period;
b/ Viewpoints on spatial organization for socio-economic development, national defense, security, infrastructure development, use of resources and environmental protection;
c/ Formulation of general and specific national development objectives in the 10-year planning period, with a vision of 30-50 years.
3. Forecast of development trends and formulation of development scenarios:
a/ Forecast of socio-economic, scientific and technological development trends and impacts of climate change on national development;
b/ Forecast of circumstances that may arise due to the impacts of external factors on national development;
c/ Analyses of comparative advantages, development opportunities, difficulties and challenges of national development;
d/ Identification of key issues to be addressed and breakthroughs of the nation during the planning period;
dd/ Development and selection of national development scenarios during the planning period.
4. Orientations for socio-economic space development:
a/ Determination of key areas of investment, areas where development is encouraged and areas where development is restricted; territorial areas required to be conserved, banned from exploitation and use;
b/ Orientations for spatial allocation for development of spearhead sectors and fields prioritized for development during the planning period.
5. Orientations for marine space development:
a/ Determination of the maritime space under Vietnam’s sovereignty, sovereign rights and jurisdiction which may be put into exploitation and use during the planning period;
b/ Determination of areas under exploitation ban or conditional exploitation and use within the marine space during the planning period;
c/ Orientations for marine space use in sectors and fields that need to use marine space.
6. Orientations for national land use:
a/ Formulation of principles of setting orientations for land use;
b/ Orientations for land use for each region according to land use targets for agricultural land, forest land, land use for national defense purpose, land use for security purpose, land for industrial parks, land for economic zones, urban land, and land for infrastructure development.
7. Orientations for air space exploitation and use:
a/ Determination of flight information regions;
b/ Determination of air space under conditional exploitation;
c/ Determination of air space under exploitation ban, air space under special protection for national defense and security purposes.
8. Orientations for zoning and regional connection:
a/ Determination of conditions and criteria for zoning of regions and formulation of plans to zone off regions;
b/ Determination of comparative advantages of each region and orientations for regional development;
c/ Proposal of a plan on the linkage between infrastructure and socio-economic activities, environment, national defense, security, natural disaster prevention and mitigation and response to climate change.
9. Orientations for development of the national system of urban and
rural areas:
a/ Determination of viewpoints and principles of urban and rural development during the planning period;
b/ Orientations for overall development of the system of urban and
rural areas;
c/ Orientations for zoning of large urban areas and linkage among large urban areas nationwide;
d/ Orientations for arrangement of population in territorial areas
10. Orientations for development of the national-level social infrastructure sector:
Determination of orientations for development, allocation of space and resources during the planning period for the network of press, publishing, radio, television and e-information units; network of culture and sports facilities; network of public science and technology organizations; network of higher education and pedagogical institutions; system of special education institutions for people with disabilities and development support centers for integration education; network of vocational education institutions; network of social support establishments and system of social nursing homes for people with meritorious service to the revolution; health establishment network; tourism system; system of defense and security education centers; and system of national reserve warehouses.
11. Orientations for development of the national-level technical infrastructure sector:
Determination of orientations for development, allocation of space and resources during the planning period for the network of transport infrastructure; energy, electricity, petroleum and gas reserves and supply infrastructure; information and communications infrastructure; system of natural disaster prevention and mitigation works and hydraulic works; system of fishing ports and storm shelters for fishing vessels; network of hydro-meteorological stations and environmental monitoring; system of fire prevention and fighting infrastructure; system of defense works, military zones, ammunition depots and defense industry.
12. Orientations for use of national resources:
a/ Orientation for exploitation and use of coastal resources; exploitation and use of water resources; protection and capture of fisheries resources; forest management, protection and development;
b/ Orientations for geological basic survey of minerals; exploration, extraction, processing and use of industrial minerals, radioactive ores and minerals as construction materials.
13. Orientations for environmental protection:
a/ Environmental zoning nationwide;
b/ Determination of objectives of natural and biodiversity conservation; orientations for areas to establish nature reserves, highly biodiverse areas, important wetlands, important ecological landscapes, biodiversity corridors, and biodiversity conservation facilities;
c/ Orientation for national-level management of waste;
d/ Spatial allocation and organization for development of national-level environmental monitoring and warning stations.
14. Orientation for natural disaster prevention and mitigation and response to climate change:
a/ Determination of areas vulnerable to natural disasters, climate change and sea-level rise;
b/ Zoning of areas at risks of natural disasters, especially natural disasters related to storms, storm surges, floods, flash floods, landslides, river bank erosion, coastlines, droughts and saltwater intrusion.
15. List of national important projects and priority order for implementation:
a/ Development of criteria for identifying projects prioritized for investment during the planning period;
b/ Data for making the list of national important projects during the planning period; proposal of priority order and project phases.
16. Solutions and resources needed for implementing the master plan:
a/ Solutions to mobilize investment capital;
b/ Solutions regarding mechanisms and policies;
c/ Solutions regarding environment, science and technology;
d/ Human resource development solutions;
dd/ Solutions for international cooperation;
e/ Solutions for organization and supervision of the implementation of the master plan.
17. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and databases of the national overall master plan. The list and scales of maps of the national overall master plan are provided in Section I, Appendix I to this Decree.
Article 21.Contents of the national marine space master plan
The national marine space master plan covers the following principal contents:
1. The contents prescribed at Points a, b and c, Clause 2, Article 23 of the Planning Law.
2. Forecast of development context and scenarios; evaluation of opportunities and challenges of marine space use:
a/ Forecast of economic, social, scientific and technological development trends and international and regional relations which impact on marine space use;
b/ Forecast of development scenarios related to marine space exploitation and use;
c/ Analysis and evaluation of competitive advantages, strengths, weaknesses, opportunities and challenges of the nation in marine space exploitation and use.
3. Determination of development viewpoints and objectives:
a/ Adoption of viewpoints of marine space use, sustainable exploitation and utilization of marine resources and coastal environmental protection;
b/ Determination of general and specific objectives of the use of marine space and the exploitation and use of resources within the marine space in the 10-year planning period, with a vision of 30-50 years;
c/ Identification of key issues to be addressed and breakthroughs in the marine space exploitation and use for socio-economic, and environmental activities during the planning period.
4. Orientations for spatial allocation and use for activities in coastal areas, on islands and archipelagoes, and in maritime zones and air space under Vietnam’s sovereignty, sovereign rights and jurisdiction:
a/ Determination of conflicts between infrastructure sectors and fields, use of resources and environmental protection in marine space use;
b/ Spatial arrangement and organization for development of technical and social infrastructure within the marine space;
c/ Spatial arrangement and organization for development of the system of urban and rural areas in coastal areas and on islands;
d/ Spatial arrangement and organization for conservation of cultural heritages and development of tourist and sports areas within the marine space;
dd/ Spatial arrangement and organization for aquaculture, exploitation and fishing of aquatic and marine products within the marine space;
e/ Orientations for spatial organization for sustainable exploitation and utilization of coastal resources; exploration, extraction and processing of mineral resources within the maritime space;
g/ Orientations for environmental protection, management, protection and development of coastal protection forests and biodiversity conservation within the marine space.
5. Zoning of areas for use in coastal areas, on islands and archipelagoes, and in maritime zones and air space under Vietnam’s sovereignty, sovereign rights and jurisdiction:
a/ Determination of areas under special protection for the purposes of national defense, security, environmental protection, the conservation of the ecosystem, artificial islands, equipment and works on the sea;
b/ Determination of vulnerable areas within the maritime space and proposal of solutions for management and protection;
c/ Zoning of areas for marine space use and classification of areas for exploitation and use of resources within the marine space;
d/ Zoning of areas for use in coastal areas, on islands and archipelagoes.
6. Solutions and resources needed for implementing the master plan:
a/ Solutions regarding mechanisms and policies on marine space management;
b/ Solutions regarding environment, science and technology;
c/ Solutions for communication and raising community awareness;
d/ Human resource development solutions;
dd/ Solutions to mobilize investment capital;
e/ Solutions for international cooperation;
g/ Solutions for organization and supervision of the implementation of master plans.
7. List of national important projects and priority order for implementation:
a/ Development of criteria for identifying projects prioritized for investment within the marine space during the planning period;
b/ Data for making the list of national important projects related to marine space; proposal of priority order and project phases.
8. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and database of the national marine space master plan. The list and scales of maps of the national marine space master plan are provided in Section II, Appendix I to this Decree.
Article 22.Contents of the national land use master plan
The national land use master plan covers the following principal contents:
1. Analysis and evaluation of natural factors and conditions, resources and the context directly impacting on and the current status of land use by sectors and fields:
a/ Analysis and evaluation of natural conditions, natural resources and environment;
b/ Analysis and evaluation of the current status of socio-economic development, the development of sectors and fields; the situation of population, labor, employment and income, practices related to land use; the current urban and rural development status;
c/ Analysis and evaluation of the impacts of climate change on land use;
d/ Analysis and evaluation of the state management of land related to the implementation of the land use master plan, including the current status of land use for each type of land, changes in land use for each type of land in the previous planning period, socio-economic and environmental effectiveness in land use;
dd/ Analysis and evaluation of results of implementation of the national land use master plan in the previous planning period based on the targets of the master plan;
e/ Analysis and evaluation of land potential in the agricultural field and non-agricultural field, and unused land potential.
2. Forecast of the trend of changes in land use:
a/ Changes in agricultural land use;
b/ Changes in non-agricultural land use;
c/ Changes in unused land.
3. Determination of land use viewpoints and objectives during the planning period:
a/ Viewpoints on the use of agricultural land and non-agricultural land in conformity with the socio-economic development strategy and national overall master plan;
b/ Objectives of utilization of agricultural land and non-agricultural land to meet the requirements of socio-economic development, national defense, security and environmental protection, natural disaster prevention and mitigation and response to climate change.
4. Orientations for land use in the 10-year planning period, with a vision of 30-50 years.
5. Formulation of land use plans to meet national objectives of socio-economic development, national defense, security and environmental protection, natural disaster prevention and mitigation and response to climate change.
6. Determination of national land use targets for the following land types and the areas of these land types:
a/ Paddy land (including land used only for wet rice farming under strict protection); land for protection forests; land for special-use forests; land for production forests (including production forests which are natural forests);
b/ Land for industrial parks; land for economic zones; land for hi-tech parks; urban land; land for national defense or security purpose; land for national infrastructure development, including land used for transport, land for construction of cultural, health, education and training, physical training and sports facilities, land for energy facilities, land for post and telecommunications facilities; land for construction of national reserve warehouses; land for cultural-historical relics; land for waste dumping and treatment;
c/ Unused land, including unused land to be used during the planning period and the remaining unused land.
7. Maps of national and regional land use master plans;
8. Assessment of the impacts of plans on spatial allocation and organization for land use on the economy, society, environment, national defense and security.
9. Solutions and resources needed for implementing the master plan:
a/ Solutions to protect and improve land and protect the environment;
b/ Determination of resources needed for implementing the land use master plan;
c/ Solutions for organization and supervision of the implementation of the land use master plan.
10. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and databases of the national land use master plan. The list and scales of maps of the national land use master plan are provided in Section III, Appendix I to this Decree.
Article 23.Contents of national infrastructure master plans
A national infrastructure master plan covers the following principal contents:
1. The contents prescribed at Points a, b, d and e, Clause 3, Article 25 of the Planning Law.
2. Evaluation of inter-sectoral and inter-regional connection; identification of requirements on socio-economic development for the sector; opportunities and challenges for the development of the infrastructure sector:
a/ Evaluation of the connection and synchronicity of the infrastructure sector nationwide; the connection and synchronicity among domestic, regional and international infrastructure;
b/ Evaluation of the connection between the infrastructure of a sector and the infrastructure system of related sectors and fields in a territorial area;
c/ Identification of requirements on socio-economic development for the infrastructure sector in terms of scale, technology and allocation areas;
d/ Analysis and evaluation of the development opportunities and challenges of the sector during the planning period.
3. Plans on development of the infrastructure sector nationwide and in territorial areas:
a/ Orientations for spatial allocation for sectoral development nationwide and in each territorial area;
b/ Determination of types, roles, positions, scales, orientations for exploitation and use, and economic, technical and technological norms associated with decentralization and classification under specialized laws for the sector’s important projects.
4. List of national important projects and the sector’s projects prioritized for investment and priority order for implementation:
a/ Development of criteria for identifying projects prioritized for investment of the infrastructure sector in the planning period;
b/ Data for making the list of national important projects and sector-level important projects; proposal of priority order and project phases.
5. Solutions and resources needed for implementing master plans:
a/ Solutions to mobilize investment capital;
b/ Solutions regarding mechanisms and policies applicable to sector groups;
c/ Solutions regarding the environment, science and technology;
d/ Human resource development solutions;
dd/ Solutions for international cooperation;
e/ Solutions for organization and supervision of the implementation of master plans.
6. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and databases on national infrastructure master plans. The list and scales of national infrastructure master plans are provided in Section IV, Appendix I to this Decree.
7. Detailed contents of a national infrastructure master plan are provided in Appendix II to this Decree.
Article 24.Contents of master plans on use of national resources
A master plan on use of national resources covers the following principal contents:
1. The contents specified at Points a and c, Clause 4, Article 25 of the Planning Law.
2. Evaluation of impacts of the exploration, exploitation and use of resources on socio-economic activities, national defense, security, environment, biodiversity and ecosystem services;
3. Forecast of impacts of science and technology advances and socio-economic development on the protection, exploration, exploitation and use of national resources during the planning period:
a/ Forecast of science and technology advances in exploration, exploitation, selection and processing in order to raise the efficiency of natural resource exploration, exploitation and use and environmental restoration after resource exploitation;
b/ Impacts of socio-economic development on community awareness about the protection and rational and economical use of resources.
4. Viewpoints and objectives of resource exploration, exploitation and use to serve socio-economic development, national defense and security assurance, environmental protection, natural disaster prevention and mitigation and response to climate change:
a/ Adoption of viewpoints on the combination of resource exploration and exploitation and the development of the processing industry and economical, efficient and sustainable use of resources;
b/ Determination of general and specific objectives of exploration, exploitation and use of each type or group of resources in the 10-year planning period, with a vision of 30-50 years.
5. Identification of areas where resource exploitation and use are banned, restricted or encouraged:
a/ Zoning of areas where resource exploitation is banned during the planning period;
b/ Identification of areas where resource exploitation is restricted; proposal of conditions for resource exploitation as well as solutions for management and protection of resources;
c/ Zoning of areas of resource exploitation and use; determination of the scale and capacity of exploitation and processing; requirements for resource exploitation and processing technologies; proposal of solutions for improving the efficiency of resource exploitation and use and minimizing its adverse environmental impacts.
6. Orientations for environmental protection, natural disaster prevention and mitigation and response to climate change:
a/ Determination of responsibilities for environmental protection, natural disaster prevention and mitigation and response to climate change in exploitation and use of resources;
b/ Forecast and proposal of measures to prevent environmental degradation due to natural resource exploitation and use in the context of climate change;
c/ Proposal of measures to restore the environment during and after the exploitation and use of natural resources.
7. Solutions and resources needed for implementing master plans:
a/ Solutions regarding mechanisms and policies;
b/ Financial and investment solutions;
c/ Scientific and technological solutions;
d/ Solutions for communication and raising community awareness;
dd/ Training and capacity building solutions;
e/ Solutions for international cooperation;
g/ Solutions for organization and supervision of the implementation of master plan.
8. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and databases of master plans on use of national resources. The list and scales of maps of master plans on use of national resources are provided in Section V, Appendix I to this Decree.
7. Detailed contents of a master plan on use of national resources are provided in Appendix III to this Decree.
Article 25.Contents of national environmental protection master plans
A national environmental protection master plan covers the following principal contents:
1. Assessment of the current status and changes in the quality of the environment, natural landscapes and biodiversity; situation and forecast of waste generation; impacts of climate change; and environmental management and protection:
a/ Natural conditions, current socio-economic situation at the beginning of the planning period;
b/ The current status of the beginning of the planning period, changes in the quality of the environment in the previous planning period, including the quality of the soil environment in areas contaminated with war-left chemicals, areas with industrial parks and factories producing, and storehouses of chemicals, pesticides, waste dumping grounds, craft villages that have been closed or relocated, areas where hazardous minerals are mined or where toxic chemicals are used but the mining has ended, farming areas using various chemicals within the planned areas; the quality of the water environment in maritime zones, coastal areas, rivers, river sections, lakes, ponds, canals, ditches, especially in areas with many wastewater sources, areas with large wastewater sources, environmentally sensitive areas; the quality of the air environment in urban areas, concentrated residential areas, areas with industrial production activities, craft villages, areas with industrial gas emissions or large industrial gas emissions;
c/ Assessment of the overall situation at the beginning of the planning period, changes in natural landscapes and biodiversity nationwide, including natural landscapes, natural ecosystems, flora and fauna species and gene sources;
d/ Assessment of the situation of waste generation in the previous planning period and forecast of the scale and nature of waste types generated during the planning period, including industrial wastewater, residential wastewater and wastewater of other types; industrial gas emissions, vehicle exhaust emissions and other gas emissions; ordinary industrial solid waste, construction solid waste, solid waste in agricultural production and agricultural by-products; residential, rural and craft village waste; hazardous waste; other particular types of waste;
dd/ Assessment of impacts of climate change in the previous planning period and forecast of impacts of climate change on the quality of environment and biodiversity in the planning period;
e/ Assessment of environmental management and protection, including the state management of environment by ministries, sectors and localities; the environmental management and protection by enterprises, communities and social organizations and people; the promulgation of legal documents, technical regulations, standards, processes and environmental techno-economic norms; the approval of environmental impact assessment reports, grant of licenses related to the environment, environmental inspection and examination; environmental zoning; natural and biodiversity conservation; waste management; and environmental monitoring and warning in the previous planning period; major environmental issues and environmental challenges during the planning period.
2. Viewpoints, objectives, tasks and solutions to protect the environment:
a/ To adopt viewpoints on environmental protection during the planning period;
b/ To determine general objectives and specific objectives of environmental protection in the 10-year planning period, with a vision of 30-50 years;
c/ To determine tasks and solutions to protect the environment, including minimizing the impacts of socio-economic development on the environment, controlling pollution sources and managing waste; managing, improving and raising the quality of the environment, natural and biodiversity conservation;
d/ To develop principles and mechanisms for coordination in the implementation of orientations and solutions for treating all types of wastes, including ordinary solid waste, construction, industrial, agricultural, transport and medical waste, radioactive waste and other types of waste.
3. Orientations for environmental zoning; natural and biodiversity conservation; waste management; and environmental monitoring and warning in the previous planning period:
a/ Orientation for environmental zoning nationwide for areas under strict protection, areas where emission is reduced and other areas;
b/ Targets and orientations for establishment of highly biodiverse areas; important ecological landscapes; biodiversity corridors; nature reserves; and biodiversity conservation facilities;
c/ Orientation for locations, scale, type of waste, expected technology, the waste storage capacity of central, regional and provincial centralized waste treatment zones;
d/ Orientation for monitoring points, parameters and frequencies of national, inter-provincial and provincial networks of monitoring and warning of the soil, water and air environment.
4. List of national important projects and environmental protection projects prioritized for investment and priority order for implementation:
a/ Development of criteria for identifying environmental protection projects prioritized for investment during the planning period;
b/ Data for making the list of national important projects and important environmental protection projects; proposal of priority order and project phases.
5. Solutions and resources needed for implementing master plans:
a/ Solutions for communication and raising community awareness;
b/ Solutions regarding mechanisms and policies;
c/ Scientific and technological solutions;
d/ Financial and investment solutions;
dd/ Training and capacity building solutions;
e/ Solutions for international cooperation;
g/ Solutions for organization and supervision of the implementation of master plans.
6. Making of planning reports, including a general report and a summary report, the system of diagrams, maps and databases of national environmental protection master plans. The list and scales of maps of national environmental protection master plans are provided in Section VI, Appendix I to this Decree.
Article 26.Contents of the national master plan on biodiversity conservation
The national master plan on biodiversity conservation has the following principal contents:
1. Evaluation of the current situation, developments and management of biodiversity conservation:
a/ Overview of natural, socio-economic and environmental conditions nationwide;
b/ Evaluation of the current situation and developments of biodiversity in general and highly biodiverse areas, important wetland areas, important ecological landscapes, biodiversity corridors, nature reserves, and biodiversity conservation facilities; and the implementation of the master plan on biodiversity conservation of the previous period;
c/ Evaluation of biodiversity management in general, and the management of highly biodiverse areas, important wetland areas, important ecological landscapes, biodiversity corridors, nature reserves, and biodiversity conservation facilities;
d/ Analysis, evaluation and forecast of pressure and trends of influences on biodiversity from socio-economic development activities, the environment and climate change;
dd/ Analysis and evaluation of the need for biodiversity conservation.
2. Viewpoints, objectives, tasks and solutions on biodiversity conservation:
a/ To develop viewpoints on biodiversity conservation during the planning period;
b/ To determine general and specific objectives for biodiversity conservation in general and conservation of highly biodiverse areas, important wetland areas, important ecological landscapes, biodiversity corridors, nature reserves, and biodiversity conservation facilities during the 10-year planning period, with a vision of 30-50 years;
c/ To identify tasks and solutions on biodiversity conservation during the planning period.
3. Determination of names, geographical locations, areas, types, objectives, regimes and decentralization of the management of highly biodiverse areas, important wetland areas, important ecological landscapes, biodiversity corridors, nature reserves, and biodiversity conservation facilities.
4. List of national important projects and projects prioritized for investment in the field of biodiversity conservation and order of priority for implementation:
a/ To formulate criteria for identifying projects prioritized for investment in the field of biodiversity conservation during the planning period;
b/ To prepare data for drawing up the list of national important projects and important projects in the field of biodiversity conservation, and to put forward a recommendation on the priority order and phasing of such projects.
5. Solutions and resources for the implementation of the master plan:
a/ Solutions on dissemination and improvement of public awareness;
b/ Solutions on mechanisms and policies;
c/ Solutions on science and technology;
d/ Solutions on finance and investment;
dd/ Solutions on training and capacity building;
e/ Solutions on international cooperation;
g/ Solutions on organization and supervision of the master plan implementation.
6. Making of reports on the master plan, including a general report, summary report, and system of diagrams, maps and database of the national master plan on biodiversity conservation. The list and scales of maps of the master plan are provided in Section VII, Appendix I of this Decree.
Article 27.Contents of regional master plans
A regional master plan has the following principal contents:
1. Analysis and evaluation of the current situation of natural elements and conditions and particular resources of the region:
a/ The geographical location and natural conditions of the region;
b/ The current situation of socio-economic development, natural resources and the environment; urban and rural systems; infrastructure facilities; intra-regional connection and regional and international connection; the region’s resources which have been and are being exploited and unexploited potential; risks and impacts of natural disasters and climate change to the region;
c/ The region’s position and role in the country;
d/ Major issues which need to be solved in the regional master plan.
2. Regional development viewpoints and objectives:
a/ Regional development viewpoints and spatial organization for socio-economic development activities, national defense and security, infrastructure development, use of natural resources, and environmental protection in the region during the planning period;
b/ General objectives of regional development during the 10-year planning period, with a vision of 20-30 years;
c/ Specific objectives and targets of socio-economic development, national defense and security, infrastructure development, use of natural resources, and environmental protection in association with spatial organization for regional development during the planning period.
3. Orientations for development of the region’s advantageous sectors:
a/ To identify advantageous sectors and development objectives;
b/ To identify spatial organization for development of advantageous sectors;
c/ To propose solutions on development of advantageous sectors.
4. Plans on development, arrangement, selection and allocation of development resources in the region:
a/ To identify spatial arrangement and organization for development of national important projects determined in national master plans to be implemented in the region;
b/ To formulate and select a regional spatial development plan with development corridors and areas encouraged for development; to determine principles for organization, management and control of the development of urban and rural areas in the region;
c/ To determine key tasks which need to be performed and breakthrough stages of the region during the planning period;
d/ To orient the allocation of resources in the region in line with the regional spatial development plan;
dd/ To propose a plan on organization of regional spatial connection and a mechanism for coordination in organization of inter-provincial spatial development.
5. Provisions of Point d, Clause 2, Article 26 of the Planning Law.
6. Orientations for regional infrastructure development:
a/ To formulate plans on connection within the system of regional urban centers, between urban and rural areas, and among economic centers, industrial parks and centralized production zones in the region;
b/ To set forth requirements for the regional infrastructure system; to formulate orientations for allocation and development of technical and social infrastructure systems in the region, which have been identified in national master plans, plans on connection within regional and inter-provincial infrastructure systems, including the transport network, power and energy supply network, irrigation, water supply and drainage, and wastewater treatment network, technical preparations, telecommunications network, hazardous waste disposal facilities, and regional social infrastructure works.
7. Orientations for environmental protection, prevention and control of natural disasters and response to climate change in the region:
a/ To set orientations for coordination in environmental protection in the region, and inter-provincial areas, river basins, and coastal areas;
b/ To set orientations for establishment of highly biodiverse areas; important wetland areas, important ecological landscapes; nature reserves; biodiversity conservation facilities; and inter-provincial biodiversity corridors;
c/ To set orientations for development of the dike system and infrastructure facilities serving natural disaster prevention and control in the region;
d/ To set orientations for spatial organization of regional and inter-provincial centralized waste treatment facilities, including their locations and scales, types of waste, to-be-applied technologies, and areas from which waste will be received for treatment;
dd/ To set orientations for sustainable development of inter-provincial special-use forests, protection forests, and production forests and forestry infrastructure development;
e/ To formulate a mechanism for coordination in exploration and exploitation of river-bed sand and gravel, and protection of river beds, banks, and alluvia; exploitation of water resources, control of water pollution in river basins; and prevention and control of natural disasters and response to climate change;
g/ To formulate a mechanism for coordination in implementation of environmental management and protection measures in the region.
8. Orientations for exploitation and protection of water resources in river basins in the region:
a/ To set orientations for function-based zoning of water sources; identification of priorities in distribution of water sources in normal circumstances and in cases of drought or water shortage; backup water sources for residential use; the water resource and water exploitation and use supervision system; and water resource regulation, exploitation, use and development facilities;
b/ To set orientations for developing solutions for protection of water sources and restoring water sources which are polluted, degraded or exhausted so as to ensure their functions; orientations on the system for supervision of water quality and discharge of wastewater into water sources.
c/ To set orientations for developing solutions for prevention, control and remediation of consequences caused by water.
9. List and order of priority for implementation of projects:
a/ To formulate criteria for determination of projects prioritized for investment in the region during the planning period;
b/ To prepare data for formulation of the list of regional important projects and propose the order of priority and phasing of these projects.
10. Solutions and resources for implementation of the master plan:
a/ Solutions related to mechanisms and policies to ensure regional connection;
b/ Solutions for investment capital mobilization;
c/ Solutions for human resource development;
d/ Solutions for environment issues, science and technology;
dd/ Solutions for management and control of urban and rural development;
e/ Solutions for organization and supervision of the master plan implementation.
11. Making of reports on the master plan, including a general report, summary report, and system of diagrams, maps and databases of the regional master plan. The list and scales of maps of the master plan are provided in Section VIII, Appendix I of this Decree.
Article 28.Contents of provincial master plans
A provincial master plan has the following principal contents:
1. Analysis, evaluation, and forecast of specific development elements and conditions of the concerned province:
a/ The geographical location, natural and social conditions, natural resources and environment;
b/ The province’s position and role in the region and nation;
c/ Regional, national and international elements and conditions that may have effects on the province’s development;
d/ Risks and impacts of natural disasters and climate change to the province.
2. Evaluation of the current situation of socio-economic development, land use, and urban and rural systems:
a/ To evaluate the current situation of economic development and development of agriculture, industries and services in the province; and resource mobilization capacity;
b/ To evaluate the current situation of the province’s social sectors and fields, including population, labor, employment, healthcare, education, culture, sports, and science and technology;
c/ To evaluate the province’s land potential, the current situation of land use in the province, and the rationality and effectiveness of the province’s land use;
d/ To evaluate the current situation of the development and rationality of spatial distribution for development of urban and rural systems, functional zones, and technical and social infrastructure facilities in the province;
dd/ To determine shortcomings and limitations which need to be solved; to analyze and evaluate the province’s strengths, weaknesses, opportunities and challenges.
3. Viewpoints, objectives and selection of the province’s development plans:
a/ To develop viewpoints on provincial development, spatial organization and arrangement for socio-economic activities, national defense and security, infrastructure development, use of resources, and environmental protection in the province during the planning period;
b/ To elaborate development scenarios and select a provincial development plan;
c/ To set forth general objectives for provincial development during the 10-year planning period, with a vision of 20-30 years;
d/ To determine specific objectives and targets on economic and social affairs, national defense and security, infrastructure development, use of resources, and environmental protection, in association with spatial organization and arrangement for provincial development during the planning period;
dd/ To determine key tasks which need to be performed, and breakthrough stages of the province during the planning period.
4. Orientations for development of important sectors of the province:
a/ To determine important sectors of the province and development objectives;
b/ To conduct spatial arrangement and organization for development of the province’s important sectors;
c/ To propose solutions on development of the province’s important sectors.
5. Selection of plans on organization of socio-economic activities:
a/ To conduct spatial arrangement for important works and projects and reserves in the province which have been identified in national and regional master plans;
b/ To formulate a plan on connection between the province’s infrastructure system and national and regional infrastructure systems;
c/ To formulate a plan on spatial organization for the province’s socio-economic activities, to identify areas where development is encouraged and areas where development is restricted;
d/ To propose a plan on spatial organization and connection for the province’s socio-economic activities, and a mechanism for coordination in inter-district spatial organization and development;
dd/ To select a plan on spatial arrangement for development and allocation of resources for provincial-level and inter-district socio-economic activities, national defense, security, and environmental protection.
6. Provisions of Points d, dd, e, g, h, i and k, Clause 2, Article 27 of the Planning Law.
7. Formulation of plans on distribution and function- and type-based zoning of land in each district-level administrative unit:
a/ To set orientation for the province’s land use during the planning period;
b/ To determine land use norms by land types, including land use norms allocated under the national land use master plan, and land use norms based on land use needs at the provincial level, including land for cultivation of perennial trees; rural residential land; urban residential land; land for construction of offices; land for construction of offices of non-business organizations; land for construction of diplomatic establishments; land for industrial complexes; land for trade and service activities; land of non-agricultural production establishments; land for mining activities; land with historical-cultural relics or scenic spots; land for provincial infrastructure development, including land for construction of cultural centers, health establishments, education and training institutions, physical training and sports establishments, land used for transport and irrigation, land for energy facilities, and land for post and telecommunications facilities; land used by religious institutions; and land used for cemeteries; funeral service centers and cremation centers.
c/ To determine land use norms by functional zones, including agricultural production zones, forestry zones, tourist sites, nature and biodiversity reserves, industrial development zones, urban areas, trade and service centers, and rural residential areas;
d/ To sum up and balance land use needs, distribute and localize the land use norms prescribed at Point b of this Clause to each district-level administrative unit;
dd/ To identify the area of land of each type in each district-level administrative unit, which need to be revoked for implementation of works and projects using land for the purposes prescribed in Articles 61 and 62 of Land Law No. 45/2013/QH13 during the planning period;
e/ To identify the area of land of each type in each district-level administrative unit, of which the land use purpose needs to be changed during the planning period as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of Land Law No. 45/2013/QH13;
g/ To identify the land area not yet put into use during the planning period of each district-level administrative unit;
h/ To draw maps showing the provincial-level land use planning scheme.
8. Inter-district and district-level construction planning schemes:
a/ To identify the scope, nature and major development directions of each inter-district or district region;
b/ To arrange and organize the system of townships and commune cluster centers based on the production and population distribution need of each inter-district or district region;
c/ To set orientations for construction of technical and social infrastructure facilities of each inter-district or district region;
9. Plans on environmental protection and natural and biodiversity conservation in the province:
a/ To formulate principles and coordination mechanisms for implementation of solutions for environmental management and protection in the province;
b/ To formulate an environmental zoning plan by strictly protective zone, zone restricted from waste generation and other zones under the orientation set in the national master plan on environmental protection;
c/ To identify the province’s biodiversity conservation objectives and norms; to identify names, geographical locations, areas, objectives, organization and management solutions for highly biodiverse areas, important wetland areas, important ecological landscapes, biodiversity corridors, nature reserves; and biodiversity conservation facilities in the province;
d/ To formulate a plan on the positions, scales, types of waste, to-be-applied technologies, and areas from which wastes will be received for treatment of regional and national centralized waste treatment facilities in the province under the orientations set in the national master plan on environmental protection;
dd/ To formulate a plan on points, parameters and frequency of monitoring of soil, water and air environment quality at the national, inter-provincial, and provincial level under the orientations set in the national master plan on environment monitoring;
e/ To formulate a plan on sustainable development of special-use forests, protection forests, and production forests and forestry infrastructure development in the province;
g/ To conduct spatial arrangement and allocation for inter-district cemeteries and waste treatment facilities.
10. Plans on protection, exploitation and use of natural resources in the province;
a/ To zone off the exploitation, use and management of natural resources in the province;
b/ To demarcate mining areas and determine types of minerals of which investment in exploration and exploitation is needed, exploration and exploitation schedules, and areas where exploration and exploitation will be conducted, which are limited by line segments connecting closing points displayed on a geographical map of the national coordinate system of an appropriate scale.
11. Plans on exploitation, use and protection of water resources, and prevention, control and remediation of consequences caused by water:
a/ To zone off water resources based on their functions; to identify the proportion and priority order of water distribution in normal circumstances or in case of drought or water shortage; to identify backup water sources for residential use; to identify the supervision system of water resources, and water exploration and exploitation; to identify water resource regulation, exploitation, use and development facilities;
b/ To devise solutions for protection of water sources and restoration of polluted, degraded or exhausted water sources to ensure their functions; to identify the system for supervision of water quality and wastewater discharged into water sources;
c/ To make general evaluation of the effectiveness and impacts of currently applied solutions for prevention, control and remediation of consequences caused by water; to devise solutions for raising the quality and effectiveness of the prevention, control and remediation of consequences caused by, and warning, forecast and minimizing of impacts of, water.
12. Plans on prevention and control of natural disasters and response to climate change in the province:
a/ To identify risks for each type of natural disaster in the province;
b/ To formulate principles and mechanisms for coordination in implementation of solutions for management of natural disaster risks;
c/ To formulate a plan on management of natural disaster risks and adaptation to climate change in the province;
d/ To formulate a plan on flood prevention and control in rivers with dikes, and plan on development of dike systems and infrastructure facilities serving flood prevention and control.
13. List and priority order for implementation of the province’s projects:
a/ To set criteria for determination of projects prioritized for development in the province during the planning period;
b/ To prepare data for formulation of the list of provincial important projects and propose priority order and phasing of these projects.
14. Solutions and resources for implementation of the master plan:
a/ Solutions for investment mobilization;
b/ Solutions for human resources development;
c/ Solutions for environment, science and technology;
d/ Solutions for development coordination mechanisms and policies;
dd/ Solutions for management and control of urban and rural development;
e/ Solutions for organization and supervision of the master plan implementation.
15. Making of reports on the master plan, including a general report, summary report, and system of diagrams, maps and databases of the master plan. The list and scales of maps of the master plan are provided in Section IX, Appendix I of this Decree.
Chapter III
CONSULTATION ON MASTER PLANS
Article 29.Consultation on national overall master plans, national marine space master plans and national land use master plans
1. Comments on master plans shall be collected from the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, provincial-level People’s Committees and residential communities, agencies, organizations and individuals related to the master plans.
2. Contents of a draft master plan put for comment, except state secret-related contents as prescribed by law, shall be publicized on the website of the planning agency for at least 30 days counting from the date of sending a dossier of request for comment on the master plan specified in Clause 3 or 4 of this Article.
3. The collection of comments on master plans from the Central Committee of the Vietnam Fatherland Front, and related ministries, ministerial-level agencies and provincial-level People’s Committees is prescribed as follows:
a/ A planning agency shall send a dossier of request for comment on a master plan, including a report on the master plan, strategic environmental assessment report, and diagrams and maps showing the master plan’s contents;
b/ The consulted agencies shall reply in writing within 30 days from the date of receiving the dossier;
c/ The planning agency shall summarize, explain and assimilate comments before submitting the master plan for appraisal.
4. The collection of comments of residential communities, agencies, organizations and individuals related to master plans is prescribed as follows:
a/ Provincial-level People’s Committees shall notify district-level People’s Committees of the collection of comments on master plans;
b/ District-level People’s Committees shall notify the collection of comments on master plans to commune-level People’s Committees and agencies and organizations in their localities;
c/ Commune-level People’s Committees shall inform the collection of comments on master plans to related residential communities and individuals;
d/ Residential communities, organizations and individuals shall give comments on master plans directly on planning agencies’ websites or send written comments to planning agencies. In case of necessity, planning agencies may collect comments on master plans by posting or displaying master plans at public places, holding conferences or seminars, delivering questionnaires, or carrying out interviews via representatives of agencies, organizations, residential communities and individuals;
dd/ Planning agencies shall summarize, explain and assimilate comments and publicize such comments on their websites before submitting master plans for appraisal.
Article 30.Consultation on national sectoral master plans
1. Comments on national sectoral master plans shall be collected from the Central Committee of the Vietnam Fatherland Front, ministries, ministerial-level agencies, provincial-level People’s Committees and residential communities, agencies, organizations and individuals related to national sectoral master plans.
2. In case a master plan is related to borders, islands or strategic national defense and security positions, the agency in charge of organizing the formulation of such master plan shall reach agreement with the Ministry of National Defense and Ministry of Public Security on the master plan’s contents before sending the master plan for opinion.
3. Contents of a draft master plan put for opinion, except state secret-related contents as prescribed by law, shall be publicized on the website of the agency in charge of organizing the formulation of such master plan for at least 30 days counting from the date of sending a dossier of request for comment on the master plan specified in Clause 4 or 5 of this Article.
4. The collection of comments on master plans from the Central Committee of the Vietnam Fatherland Front, and related ministries, ministerial-level agencies and provincial-level People’s Committees is prescribed as follows:
a/ An agency in charge of organizing the formulation of a master plan shall send a dossier of request for comment on the master plan, including a report on the master plan, diagrams and maps showing the master plan’s contents, and strategic environmental assessment report in accordance with the law on environmental protection;
b/ The consulted agencies shall reply in writing within 30 days from the date of receiving the dossier;
c/ The planning agency shall summarize, explain and assimilate comments and send a report to the agency in charge of organizing the formulation of the master plan for consideration before submitting the master plan for appraisal.
5. The collection of comments of residential communities, agencies, organizations and individuals related to master plans is prescribed as follows:
a/ Provincial-level People’s Committees shall notify district-level People’s Committees of the collection of comments on master plans;
b/ District-level People’s Committees shall notify the collection of comments on master plans to commune-level People’s Committees and agencies and organizations in their localities;
c/ Commune-level People’s Committees shall inform the collection of comments on master plans to related residential communities and individuals;
d/ Residential communities, organizations and individuals shall give comments on master plans directly on the websites of agencies in charge of organizing the formulation of master plans or send written comments to agencies in charge of organizing the formulation of master plans; in case of necessity, agencies in charge of organizing the formulation of master plans may collect comments on master plans by posting or displaying master plans at public places, holding conferences or seminars, delivering questionnaires, or carrying out interviews via representatives of agencies, organizations, residential communities and individuals;
dd/ Planning agencies shall summarize, explain and assimilate comments and send reports to agencies in charge of organizing the formulation of master plans for publicizing such comments on their websites before submitting the master plans for appraisal.
Article 31.Consultation on regional master plans
1. Comments on regional master plans shall be collected from the Central Committee of the Vietnam Fatherland Front; related ministries and ministerial-level agencies; provincial-level People’s Committees of localities in a region, adjacent localities and localities in river basins related to regional master plans; and residential communities, agencies, organizations and individuals related to regional master plans.
2. In case a master plan is related to borders, islands or strategic national defense and security positions, the planning agency shall reach agreement with the Ministry of National Defense and Ministry of Public Security on the master plan’s contents before sending the master plan for opinion.
3. Contents of a draft master plan put for comment, except state secret-related contents as prescribed by law, shall be publicized on the planning agency’s website for at least 30 days counting from the date of sending a dossier of request for comment on the master plan specified in Clause 4 or 5 of this Article.
4. The collection of comments on master plans from the Central Committee of the Vietnam Fatherland Front, and related ministries, ministerial-level agencies and provincial-level People’s Committees is prescribed as follows:
a/ A planning agency shall send a dossier of request for comment on a master plan, including a report on the master plan, strategic environmental assessment report, and diagrams and maps showing the master plan;
b/ The consulted agencies shall reply in writing within 30 days from the date of receiving the dossier;
c/ The planning agency shall summarize, explain and assimilate comments before submitting the master plan for appraisal.
5. The collection of comments of residential communities, agencies, organizations and individuals related to master plans is prescribed as follows:
a/ Provincial-level People’s Committees shall notify district-level People’s Committees of the collection of comments on master plans;
b/ District-level People’s Committees shall notify the collection of comments on master plans to commune-level People’s Committees and agencies and organizations in their localities;
c/ Commune-level People’s Committees shall inform the collection of comments on master plans to related residential communities and individuals;
d/ Residential communities, organizations and individuals shall give comments on master plans directly on planning agencies’ websites or send written comments to planning agencies. In case of necessity, planning agencies may collect comments on master plans by posting or displaying master plans at public places, organizing conferences or seminars, delivering questionnaires, or carrying out interviews via representatives of agencies, organizations, residential communities and individuals;
dd/ Planning agencies shall summarize, explain and assimilate comments and publicize such comments on their websites before submitting master plans for appraisal.
Article 32.Consultation on provincial master plans
1. Comments on provincial master plans shall be collected from related ministries and ministerial-level agencies; provincial-level People’s Committees of localities in a region and adjacent localities; provincial-level Vietnam Fatherland Front Committees, district-level People’s Committees, and residential communities, agencies, organizations and individuals related to provincial master plans.
2. In case a master plan is related to borders, islands or strategic national defense and security positions, the planning agency shall reach agreement with the Ministry of National Defense and Ministry of Public Security on the master plan’s contents before sending the master plan for opinion.
3. Contents of a draft provincial master plan put for opinion, except state secret-related contents as prescribed by law, shall be publicized on the planning agency’s website for at least 30 days from the date of sending a dossier of request for comment on the master plan specified in Clause 4 or 5 of this Article.
4. The collection of comments of related state management agencies and provincial-level Vietnam Fatherland Front Committees is prescribed as follows:
a/ A planning agency shall send a dossier of request for comment on a master plan, including a report on the master plan, strategic environmental assessment report, and diagrams and maps showing the master plan’s contents;
b/ The consulted agencies shall reply in writing within 30 days from the date of receiving the dossier; the consulted ministries and ministerial-level agencies shall give written replies on the contents of sectoral development plans under their management in provincial master plans, ensuring the connectivity, synchronicity and systematicity among sectors and localities in the region, and conformity of the provincial master plan with relevant national-level and regional master plans;
c/ The planning agency shall summarize, explain and assimilate comments before submitting the master plan for appraisal.
5. The collection of comments of residential communities, agencies, organizations and individuals related to master plans is prescribed as follows:
a/ An agency formulating a provincial master plan shall organize the collection of comments of residential communities, agencies, organizations and individuals having rights and interests related to the master plan;
b/ A district-level People’s Committee shall notify the collection of comments on the master plan to commune-level People’s Committees and agencies and organizations in the locality;
c/ A commune-level People’s Committee shall inform the collection of comments on the master plan to related residential communities and individuals;
d/ Residential communities, organizations and individuals shall give comments on the master plan directly on the planning agency’s website or send written comments to the planning agency. In case of necessity, the planning agency may collect comments on the master plan by posting or displaying the master plan at public places, organizing conferences or seminars, delivering questionnaires, or carrying out interviews via representatives of agencies, organizations, residential communities and individuals;
dd/ The planning agency shall summarize, explain and assimilate comments and publicize them on its website before submitting the master plan for appraisal.
Chapter IV
MASTER PLAN APPRAISAL COUNCILS
Article 33.Responsibilities and powers of chairpersons and members of master plan appraisal councils
1. The chairperson of a master plan appraisal council has the following responsibilities and powers:
a/ To take responsibility for the operation of the council; to organize and chair meetings of the council;
b/ To assign tasks to members of the council;
c/ To approve master plan appraisal reports.
2. Members of a master plan appraisal council have the following responsibilities and powers:
a/ To attend all meetings of the council;
b/ To study the master plan dossier submitted for appraisal, and prepare written comments on issues falling within their specialized domains and general issues for presentation at meetings of the council; to send written comments on the draft report on the master plan appraisal to the council’s standing body for summarization; to coordinate with the council’s standing body in reviewing the contents of explained and assimilated appraisal opinions in the master plan dossiers and documents before they are affixed with certification seals;
c/ To reserve their opinions;
d/ To perform the tasks assigned by the chairperson of the council.
Article 34.Responsibilities and powers of the standing body of a master plan appraisal council
1. To receive, study and process dossiers and documents submitted for appraisal, which are sent by a planning agency.
2. To formulate and submit to the chairperson of the master plan appraisal council for approval a plan for appraisal of the master plan, or for re-appraisal of the master plan in case the master plan is ineligible to be submitted for decision or approval as concluded by the council.
3. To provide dossiers and documents for members of the master plan appraisal council to study and comment on the master plan.
4. To request the chairperson of the master plan appraisal council to permit the organization of meetings, conferences and seminars for appraising thematic issues related to the master plan before the council’s meeting is held.
5. To summarize comments and assessments of criticism members, comments of members of the master plan appraisal council and comments of independent consultants (if any), comments of agencies appraising strategic environmental assessment reports, for master plans subject to strategic environmental assessment, and other comments, for reporting to the council.
6. To prepare necessary conditions for the master plan appraisal council to conduct master plan appraisal meetings.
7. To prepare records of master plan appraisal meetings.
8. To request the planning agency to adjust, supplement and complete the report on the master plan, strategic environmental assessment report and relevant documents based on the master plan appraisal council’s conclusions.
9. To assume the prime responsibility for, and coordinate with the agency appraising the strategic environmental assessment report of the master plan in, reviewing contents on explained and assimilated appraisal opinions and making a master plan appraisal report, including contents on appraisal of the strategic environmental assessment report; to collect written comments of members of the master plan appraisal council on the draft report on the master plan appraisal; to complete the master plan appraisal report for submitting it to the council’s chairperson for approval.
10. To assume the prime responsibility for, and coordinate with members of the master plan appraisal council in, reviewing master plan dossiers and documents which have been supplemented and completed based on the council’s conclusions; to affix seals and give certification in the master plan dossiers and documents.
11. To use its funds, apparatus, means and seals to perform assigned tasks.
Article 35.Criticism members of master plan appraisal councils
1. A master plan appraisal council must have at least 3 criticism members.
2. A criticism member of a master plan appraisal council must have at least 15 years’ experience in planning consultancy or state management, for those possessing university degree in a planning-related specialty; or at least 8 years’ experience in planning consultancy or state management, for those possessing master or higher degree in a planning-related specialty.
3. Criticism members of a master plan appraisal council have the following responsibilities and powers:
a/ To attend all meetings of the council;
b/ To study the master plan dossier submitted for appraisal, and prepare written comments and send them to the council’s standing body for summarization;
c/ To receive remuneration as prescribed by law;
d/ To refrain from contacting organizations and individuals providing planning consultancy until the criticism work is completed.
Article 36.Entities providing independent consultancy on planning
1. An individual providing independent consultancy on planning must satisfy the following conditions:
a/ Having at least 10 years’ experience in planning consultancy or state management, for those possessing doctorate degree in a planning-related specialty; or at least 15 years’ experience in planning consultancy or state management, for those possessing master degree in a planning-related specialty; or at least 20 years’ experience in planning consultancy or state management, for those possessing university degree in a planning-related specialty;
b/ To refrain from participating in the formulation of the master plan on which he/she provides consultancy.
2. An organization providing independent consultancy on planning must satisfy the following conditions:
a/ Having the legal person status;
b/ Having at least 5 experts who satisfy the conditions prescribed in Clause 2, Article 35 of this Decree;
c/ To refrain from participating in the formulation of the master plan on which it provides consultancy.
Article 37.Consultation in the process of appraising master plans
1. Within 5 days after receiving a dossier submitted for master plan appraisal as prescribed in Clause 1, Article 31 of the Planning Law, the standing body of the master plan appraisal council shall send the dossier to council members for opinion.
2. Within 30 days after receiving a dossier submitted for master plan appraisal, council members in charge of making counter-arguments shall send their written opinions to the standing body of the master plan appraisal council for summarization.
3. In case of necessity, the master plan appraisal council may select independent consultants to make counter-arguments on one or some contents of the master plan. Within 30 days after receiving the dossier of request for making counter-arguments on the master plan, the independent consultants shall send their written opinions to the standing body of the master plan appraisal council for summarization.
4. The standing body of the master plan appraisal council shall consult experts, socio-professional organizations and other related organizations about the contents of the master plan by holding conferences, workshops or symposia, and summarize their comments for reporting to the master plan appraisal council.
Article 38.Holding meetings of the master plan appraisal council
1. Within 10 days after receiving opinions of all council members in charge of making counter-arguments, the notice of appraisal result of the agency appraising the strategic environmental assessment report, and opinions of independent consultants (if any), the standing body of the master plan appraisal council shall summarize these opinions and send them to council members and propose the chairperson of the master plan appraisal council to hold a meeting of the council.
2. A master plan appraisal meeting shall be held after obtaining the agency appraising the strategic environmental assessment report, for master plans subject to strategic environmental assessment, and must be attended by at least three-quarters (3/4) of council members, including the chairperson of the master plan appraisal council, two-thirds (2/3) of council members in charge of making counter-arguments, and representatives of the standing body of the master plan appraisal council, the planning agency, and the planning consultancy organization.
3. Decision-making mechanism of the master plan appraisal council:
a/ The master plan appraisal council shall work on a collegial basis, discuss publicly and apply majority voting to decide on the takeover of the master plan and approve the record of the master plan appraisal meeting;
b/ A master plan is qualified to be submitted for decision or approval when its strategic environmental assessment report has been approved or approved with modification by the agency in charge of appraisal, for master plans subject to strategic environmental assessment, and at least three-quarters (3/4) of members of the master plan appraisal council vote for the takeover of the master plan.
Chapter V
NATIONAL SYSTEM OF INFORMATION AND DATABASE ON MASTER PLANS
Section 1
DEVELOPMENT AND OPERATION OF THE NATIONAL SYSTEM OF INFORMATION AND DATABASE ON MASTER PLANS
Article 39.Requirements on the national system of information and database on master plans
1. The national system of information and database on master plans shall be developed in a centralized and uniform manner according to national standards and technical regulations.
2. The collection, updating, storage, management, exploitation and use of information and databases in the national system of information and database on master plans must:
a/ Ensure accuracy, completeness, scientificity, objectiveness and successiveness;
b/ Ensure synchronism, connectivity, and exchange of data;
c/ Be regularly updated and ensure data storage and preservation to meet requirements of long-term use;
d/ Be organized and managed in a systematic manner so as to ensure convenient exploitation and use, promptly serve the state management, meet the requirements of data exploitation serving planning activities and demand for planning information of agencies, organizations and individuals;
dd/ Ensure publicization of information and guarantee agencies’, organizations’ and individuals’ right to access and use information for proper purposes in accordance with law;
e/ Ensure compliance with the laws on protection of state secrets and intellectual property.
Article 40.Development of the national system of information and database on master plans
1. The national system of information and database on master plans shall be developed as a portal connecting ministries, ministerial-level agencies and provincial-level People’s Committees on the cyber environment in compliance with the Vietnam e-Government Architecture Framework to serve the formulation of master plans, consultation on master plans, publicization and provision of information on master plans, and oversee and evaluate the process of implementation of master plans.
2. Information and databases of the national system of information and database on master plans are those digitalized, linked and integrated with one another, attached to the national geographic database, and appraised in accordance with law.
3. The development of the national geographic database shall be based on district-level administrative units, using the national reference and coordinate system VN-2000 for all types of topographic information and database.
4. Information collected and databases integrated to develop the national system of information and database on master plans include:
a/ Databases of national-level, regional and provincial master plans, technical and specialized master plans, master plans of special administrative-economic units, master plans of urban areas, and master plans of rural areas that are approved and stored under Article 44 of the Planning Law;
b/ Specialized databases managed by ministries, ministerial-level agencies and provincial-level People’s Committees, including national statistical databases and statistical indicator systems at national, provincial, district and commune levels; databases on water resources; geological and mineral databases; environmental databases; hydro-meteorological databases; databases on marine and island resources and environment; databases on climate change; databases on land statistics and inventory; databases on land use master plans and plans; information and databases relating to baseline land survey; databases on technical infrastructure systems; databases on social infrastructure systems; databases on construction; databases on systems of urban centers and rural residential areas; databases on housing and the real estate market; databases on national defense and security; and relevant databases on survey and mapping;
c/ The national geographic database that is standardized and regularly updated;
d/ Information and databases on other master plans.
Article 41.Updating and operation of the national system of information and database on master plans
1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall update information and databases on master plan dossiers under their management into the national system of information and database on master plans on the cyber environment within 10 days after the master plans are approved.
2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall update specialized information and databases under their management into the national system of information and database on master plans on the cyber environment according to statistics or inventory period or after survey results are approved and announced by competent agencies.
3. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the operation and exploitation of the national system of information and database on master plans; develop operational and control processes for operating and maintaining the national system of information and database on master plans; implementing synchronous mechanisms and solutions to store, back up, and recover data and ensure the integrity and safety of the national system of information and database on master plans.
Article 42.Funds for development and operation of the national system of information and database on master plans
1. Funds for development of information infrastructure and software to serve the management and operation of the national system of information and database on master plans shall come from the source of public investment capital and other lawful sources.
2. Funds for management, operation, collection of information and databases, and updating of information and data into the national system of information and database on master plans on the cyber environment come from the source of current expenditures in accordance with the law on the state budget.
3. Annually, related state management agencies shall estimate funds for the activities prescribed in Clause 2 of this Article for reporting to the finance agencies at the same level for summarization and allocation of funds in accordance with the regulations on decentralization of the state budget.
Section 2
RESPONSIBILITIES FOR DEVELOPING THE NATIONAL SYSTEM OF INFORMATION AND DATABASE ON MASTER PLANS
Article 43.Responsibilities of the Ministry of Planning and Investment
1. To promulgate regulations on contents, structure, technical requirements, technological solutions, and operation methods of the national system of information and database on master plans in accordance with the law on e-government.
2. To guide in detail the collection, processing, storage, exploitation and use of information and databases of master plans to build the national system of information and database on master plans.
3. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, developing, managing and operating the national system of information and database on master plans; summarizing the actual development, management and operation of the national system of information and database on master plans for reporting to the Prime Minister.
4. To guide and inspect ministries, ministerial-level agencies and provincial-level People’s Committees in the collection, management, provision, exploitation and use of information and databases of the national system of information and database on master plans.
5. To promulgate a regulation on coordination in the collection, management, connection, sharing and use of information and databases in the national system of information and database on master plans on the cyber environment.
6. To develop an environment for connecting, sharing and exchanging information and databases within the national system of information and database on master plans, based on platforms of information technology and communication, including information technology infrastructure; software systems serving the management, operation and exploitation; standards on shared information and databases on the basis of interconnection and transferability with the national system of information and database on master plans; safety and confidentiality policies and policies on copyright protection for information and databases of the national system of information and database on master plans.
7. To formulate plans and manage the use of funds allocated for survey and development of databases; to develop, maintain and upgrade information infrastructure and software serving the management, operation and exploitation of the national system of information and database on master plans in accordance with current regulations.
8. To provide professional guidance, training and retraining in editing, updating, approving, and checking information and databases of the national system of information and database on master plans.
Article 44.Responsibilities of ministries and ministerial-level agencies
1. Ministries and ministerial-level agencies, within the ambit of their functions and tasks, shall:
a/ Organize the development, regularly update, store and permanently preserve contents of the national system of information and database on master plans under their management; connect, share and provide information and integrate databases under their management into the national system of information and database on master plans on the cyber environment in accordance with law;
b/ Ensure the accuracy of contents and information, databases of the national system of information and database on master plans which they provide, update and manage;
c/ Ensure safety of accounts for administration of the national system of information and database on master plans granted to them;
d/ Coordinate with the Ministry of Planning and Investment in ensuring safety, sharing, connectivity, integration and extraction of information and databases of the national system of information and database on master plans.
2. The Ministry of Natural Resources and Environment shall sufficiently provide the national geographic database and national topographic maps that have been standardized and regularly updated in order to create the framework data for the national system of information and database on master plans;
3. The Ministry of Information and Communications shall coordinate with the Ministry of Planning and Investment in promulgating technical regulations and standards, provide guidance on synchronicity, compatibility, accessibility and sharing of information among state agencies, ensuring the smooth connection and information security of the national system of information and database on master plans.
4. The Ministry of Science and Technology and Ministry of Culture, Sports and Tourism shall coordinate with the Ministry of Planning and Investment in guiding the implementation of the law on protection of intellectual property rights in the development and operation of the national system of information and database on master plans.
Article 45.Responsibilities of provincial-level People’s Committees
1. To perform the tasks and exercise the powers prescribed in Clause 1, Article 44 of this Decree within the ambit of their functions and tasks.
2. To direct local agencies in charge of managing master plans to:
a/ Assume the prime responsibility for, and coordinate with other departments in, organizing the collection, updating, evaluation, management, storage, publicization, exploitation and use of information and databases on master plans in accordance with law;
b/ Organize the management of information and databases on master plans in their provinces or centrally-run cities via the national system of information and database on master plans on the cyber environment;
c/ Apply information technology, organize the integration of information, databases and applications for agencies, organizations and individuals to effectively exploit and increase the value of information and databases on master plans;
d/ Store, preserve and provide information and databases on master plans.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 46.Effect
This Decree takes effect on the date of signing.
Article 47. Implementation responsibilities
1. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and chairperson of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.
2. The Ministry of Planning and Investment shall, within the ambit of its functions and tasks, shall organize and guide the implementation of this Decree.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
Vietnamese
Decree 37/2019/NĐ-CP DOC (Word)
Decree 37/2019/NĐ-CP PDF (Original)
