Decree No. 41/2019/ND-CP adjustment of atomic energy development and application planning

DECREE

Prescribing in detail the formulation, appraisal, approval, publicization, implementation, evaluation and modification of the master plan on atomic energy development and application^[1]

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

Pursuant to the June 3, 2008 Law on Atomic Energy;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Planning-Related Articles of 37 laws;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree prescribing in detail the formulation, appraisal, approval, publicization, implementation, evaluation and modification of the master plan on atomic energy development and application.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes in detail the formulation, appraisal, approval, publicization, implementation, evaluation and modification of the master plan on atomic energy development and application.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals engaged in the formulation, appraisal, approval, publicization, implementation, evaluation and modification of the master plan on atomic energy development and application, and other related agencies, organizations and individuals.

Article 3.Contents of the master plan on atomic energy development and application or of components thereof

1. The contents of the master plan on atomic energy development and application (below referred to as the master plan) must comply with Clause 2, Article 13 of the Law on Atomic Energy, which was amended and supplemented under Article 15 of the Law Amending and Supplementing a Number of Planning-Related Articles of 37 laws.

Solutions and resources for implementation of the master plan include the following principal contents: improving the management organization system; building and improving the legal system and mechanisms and policies; developing human resources; building and developing the scientific and technological potential; ensuring safety and security; raising awareness and support of the community; stepping up international cooperation and integration; making investment, providing finance and raising capital; and organizing the implementation of the master plan.

2. Components of the master plan on atomic energy development and application (below referred to as master plan components) constitute a content of the master plan, which are formulated for the integration of the master plan.

3. Master plan components include:

a/ Master plan component on development and application of radiation and radioactive isotopes in the health sector: nuclear medicine, radiotherapy, and X-ray;

b/ Master plan component on development and application of radiation and radioactive isotopes in the sectors of natural resources and environment: meteorology, hydrology, water resources, geology, minerals, and environmental protection;

c/ Master plan component on development and application of radiation and radioactive isotopes in the agriculture sector: selection and creation of plant varieties, and microorganisms; plant protection; agro-chemistry, soil science, and nutrition for plants; livestock production and animal health; aquaculture; and post-harvest preservation and processing;

d/ Master plan component on development and application of radiation and radioactive isotopes in the industrial sector;

dd/ Other master plan components as identified at the stage of formulating planning tasks.

Article 4.Period of, and time limit for formulating, the master plan

The period of the master plan is 10 years with a vision of between 30 years and 50 years. The time limit for formulating a master plan component is 18 months, while that for formulating the master plan is 30 months, from the date the relevant planning task is approved.

Article 5.Planning activities

1. Formulation of the master plan:

a/ Formulation, appraisal and approval of planning tasks;

b/ Organization of formulation of the master plan.

2. Appraisal of the master plan.

3. Approval of the master plan.

4. Publicization of the master plan.

5. Implementation of the master plan.

6. Evaluation of the master plan.

7. Modification of the master plan.

Article 6.Expenses for planning activities

1. Expenses for formulation, appraisal, approval, publicization, evaluation and modification of the master plan shall be covered by the state budget in accordance with the law on the state budget, and regulated by legal documents on price and norms in planning activities.

2. Expenses for implementation of the master plan must comply with law.

Article 7.Agency organizing the formulation of the master plan, agencies organizing the formulation of master plan components, agency formulating the master plan, and agencies formulating master plan components

1. The Ministry of Science and Technology is the agency organizing the formulation of the master plan.

2. The Ministry of Health shall organize the formulation of a master plan component in the health sector; the Ministry of Natural Resources and Environment, a master plan component in the natural resources and environment sector; the Ministry of Agriculture and Rural Development, a master plan component in the agriculture sector; and Ministry of Industry and Trade, a master plan component in the industrial sector.

3. Related ministries, ministerial-level agencies, provincial-level People’s Committees and organizations shall organize the formulation of other master plan components under the Prime Minister’s decisions.

4. The agency formulating the master plan shall be decided by the Ministry of Science and Technology; and agencies formulating master plan components, by agencies organizing the formulation of master plan components.

Chapter II

FORMULATION OF THE MASTER PLAN

Section 1

PLANNING TASKS

Article 8.Development of planning tasks

1. The agency organizing the formulation of the master plan shall assume the prime responsibility for, and coordinate with agencies organizing the formulation of master plan components and related ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the development of planning tasks.

2. The agency formulating the master plan shall assume the prime responsibility for, and coordinate with agencies formulating master plan components and related agencies and organizations in, developing planning tasks, which cover the following activities:

a/ To develop explanatory contents, including the identification of the scope of research and specific contents of the master plan, identification of master plan components to be formulated and specific contents of each component as suitable to the master plan’s contents, proposal on assignment of agencies organizing the formulation of master plan components, and estimation of funds for developing planning tasks, including the expense for hiring consultants, and submit them to the Ministry of Science and Technology for approval;

b/ To develop planning tasks based on the approved explanatory contents and fund estimates, and make reports on planning tasks;

c/ To submit planning tasks to the council for appraisal of planning tasks; to complete planning tasks based on the council’s conclusions, and report planning tasks to the Ministry of Science and Technology for submission to the Prime Minister for approval.

Article 9.Reports on planning tasks

A report on planning tasks must have the following principal contents:

1. Bases for the formulation of the master plan.

2. Scope, period and vision of the master plan.

3. Viewpoints, objectives and principles for the formulation of the master plan.

4. Review and overall evaluation of the previous period’s master plan, and development prospects and demands and human resources in the period of the master plan.

5. Specific contents of the master plan and its components.

6. Method of formulating the master plan; process of integrating the master plan.

7. Composition, quantity, criteria and specifications of products of the master plan.

8. Time limit, plan and progress for formulating the master plan and its components.

9. Expenses for the formulation of the master plan and its components.

10. Responsibilities of related agencies in organizing the formulation of the master plan.

Article 10.Appraisal of planning tasks

1. The Minister of Science and Technology shall form the council for appraisal of planning tasks and designate the standing body of this council.

2. The council for appraisal of planning tasks shall be composed of at least 11 persons, including the chairperson and members. The council’s chairperson is a leader of the Ministry of Science and Technology while its members include representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, related ministries, ministerial-level agencies, local administrations and organizations, and atomic energy experts.

3. The council for appraisal of planning tasks shall appraise planning tasks and be dissolved after accomplishing its tasks. The council shall work on a collective basis, make public discussions, and take a majority vote. An appraisal meeting 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. A planning task may be submitted for approval when at least two-thirds of the council’s members attending the meeting vote for approval or vote for approval with modifications.

4. The standing body of the council for appraisal of planning tasks shall receive, study and process dossiers for appraisal of planning tasks and provide them to the council’s members for study and opinion, hold a meeting of the council, and make the meeting minutes; request the agency formulating the master plan to revise, complete or re-develop the planning tasks based on the council’s conclusions; organize re-appraisal of planning tasks in case they are not approved; make a draft report on appraisal of planning tasks and submit it to the council’s chairperson for approval. This body may use funding, apparatus, vehicles and seal of its own to perform the assigned tasks.

5. A dossier for appraisal of planning tasks must comprise:

a/ A written proposition for appraisal of planning tasks;

b/ The Prime Minister’s draft decision approving planning tasks;

c/ A report on planning tasks mentioned in Article 9 of this Decree;

d/ Other documents (if any).

6. Contents of the appraisal of planning tasks:

a/ Rationality of legal grounds;

b/ Appropriateness, rationality and reliability of contents, approaches and methods of formulating the master plan;

c/ Compatibility of master plan components with the master plan contents to be formulated;

d/ Conformity of the contents of planning tasks with expense estimates and funding sources for the formulation of the master plan;

dd/ Feasibility of the plan to formulate the master plan.

7. The time limit for appraising planning tasks is 30 days from the date the standing body of the council for appraisal of planning tasks receives a complete dossier for appraisal of planning tasks.

8. Reports on appraisal of planning tasks:

a/ A report on appraisal of planning tasks must clearly state opinions of the council for appraisal of planning tasks on the contents of appraisal of planning tasks;

b/ Within 10 days from the date of completing the appraisal, the council’s standing body shall send the report on appraisal of planning tasks to the agency formulating the master plan;

c/ Within 15 days after receiving the report, the agency formulating the master plan shall assume the prime responsibility for, and coordinate with related agencies in, studying, explaining and assimilating appraisal opinions, and modify and complete the dossier for approval of planning tasks.

Article 11.Approval of planning tasks

1. The Ministry of Science and Technology shall submit planning tasks to the Prime Minister for approval.

2. A dossier for approval of planning tasks must comprise:

a/ A written request for approval of planning tasks;

b/ The Prime Minister’s draft decision approving planning tasks;

c/ A report on appraisal of planning tasks;

d/ A report on explanation and assimilation of opinions of the council for appraisal of planning tasks on the contents of planning tasks;

dd/ A report on the revised planning tasks;

e/ Other documents (if any).

3. The Prime Minister’s decision approving planning tasks must have the following principal contents:

a/ Name, period and scope of the master plan, and bases for the formulation of the master plan;

b/ Requirements on the viewpoints, objectives and principles for formulation of the master plan;

c/ Principal contents of the master plan and its components;

d/ Method of formulating the master plan;

dd/ Requirements on the review and evaluation of the previous period’s master plan;

e/ Requirements on forecast of development prospects and demands and human resources in the period of the master plan;

g/ Time limit for, and plan and progress of, formulating the master plan;

h/ Regulations on composition, quantity as well as standards and specifications of products of the master plan;

i/ Expenses for formulating the master plan and every master plan component;

k/ Assignment of responsibilities to related ministries, sectors, localities and agencies for organizing the formulation of the master plan.

Section 2

ORGANIZATION OF THE FORMULATION OF THE MASTER PLAN

Article 12.Responsibilities of the agency organizing the formulation of the master plan

1. To assume the prime responsibility for, and coordinate with agencies organizing the formulation of master plan components and related ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the formulation of the master plan based on the approved planning tasks.

2. To urge and monitor, and settle problems arising in the course of, formulation of the master plan.

3. To consider and decide on a plan to integrate master plan components into the master plan at the proposal of the agency formulating the master plan, and report it to the Prime Minister when necessary.

Article 13.Responsibilities of agencies organizing the formulation of master plan components

1. To organize the formulation of master plan components according to the approved planning tasks.

2. To provide information and data related to the formulation of master plan components to the agency organizing the formulation of the master plan.

3. To form the council for appraisal of master plan components and organize the appraisal of master plan components; to direct agencies formulating master plan components to study, explain and assimilate appraisal opinions for completion of dossiers of master plan components; to send the appraised and completed dossiers of master plan components to the Ministry of Science and Technology.

The appraisal of master plan components must comply with Section 1, Chapter III of this Decree as suitable to master plan components.

4. To coordinate with the agency organizing the formulation of the master plan in integrating master plan components into the master plan.

Article 14.Responsibilities of related ministries and ministerial-level agencies and provincial-level People’s Committees

1. To organize surveys, collect information, and exploit information systems and databases under their management to serve planning activities.

2. The Ministry of Science and Technology shall guide Clause 1 of this Article.

Article 15.Responsibilities of the agency formulating the master plan

1. To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing the plan to formulate the master plan according to the approved planning tasks, specifically as follows:

a/ To select an organization to provide consultancy on the formulation of the master plan in accordance with the bidding law, and hire local and foreign consultants that satisfy the requirements specified in Article 19 of this Decree; to report to the Minister of Science and Technology cases in which no consultancy organization satisfies the requirements specified in Article 19 of this Decree for consideration and decision;

b/ To organize surveys, collect information, and exploit information systems and databases related to the master plan; to analyze, evaluate and forecast factors, conditions, resources and contexts for atomic energy development and application; to propose guidelines, development objectives and priority orientations for use as a basis for the formulation of the master plan and master plan components; to set orientations for research and limits in research content and scope for master plan components for agencies formulating master plan components to implement;

c/ To study and formulate the contents assigned in planning tasks.

2. To assume the prime responsibility for, and coordinate with agencies organizing the formulation of master plan components in, integrating the master plan.

3. To complete the dossier of request for opinions on the master plan and report it to the Ministry of Science and Technology for sending it to related agencies for opinion under Article 20 of this Decree; to summarize, assimilate and explain opinions and complete the master plan for submission to the master plan appraisal council.

4. To complete the dossier of the master plan based on conclusions of the master plan appraisal council, and report the master plan to the Minister of Science and Technology for submission to the Prime Minister for approval.

Article 16.Responsibilities of agencies formulating master plan components

1. To select organizations to provide consultancy on the formulation of master plan components in accordance with the bidding law, and hire local and foreign consultants that satisfy the requirements specified in Article 19 of this Decree; to report to agencies organizing the formulation of master plan components cases in which no consultancy organization satisfies the requirements specified in Article 19 of this Decree for consideration and decision.

2. To formulate master plan components according to the approved planning tasks and at the request of the agency formulating the master plan; to revise the contents of master plan components as assigned at the request of the agency formulating the master plan.

3. To prepare dossiers and documents for submission to the council for appraisal of master plan components. To complete dossiers of master plan components based on the council’s conclusions.

4. To coordinate with the agency formulating the master plan in integrating the master plan.

Article 17.Integration of the master plan

1. The integration of the master plan must comply with the planning law as suitable to the master plan to be formulated, ensuring their consistency, synchronicity and efficiency and avoiding overlap and contradiction.

2. In the course of integration of the master plan, if opinions on the integration remain divergent, the Ministry of Science and Technology shall consult agencies organizing the formulation of master plan components and send reports to the Prime Minister when necessary.

Article 18.Responsibilities of the organization providing consultancy on the formulation of the master plan and organizations providing consultancy on the formulation of master plan components

1. The organization providing consultancy on the formulation of the master plan must have the legal person status and has the following major responsibilities:

a/ To take responsibility before law and the agency formulating the master plan for the contents of the consultancy contract regarding quantity, implementation period and quality of the master plan’s 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 the master plan and integration of master plan components into the master plan to be formulated;

c/ To study and propose principles and methods of integration of master plan components into the master plan.

2. Organizations providing consultancy on the formulation of master plan components must have the legal person status and have following major responsibilities:

a/ To take responsibility before law and agencies organizing the formulation of master plan components for the quantity, implementation period and quality of the master plan’s products;

b/ To coordinate with agencies formulating master plan components in formulating master plan components;

c/ To coordinate with the organization providing consultancy on the formulation of the master plan in studying and proposing principles and methods of integration of master plan components into the master plan.

Article 19.Capacity of the organization providing consultancy on the formulation of the master plan and organizations providing consultancy on the formulation of master plan components

1. The organization providing consultancy on the formulation of the master plan must have at least 1 consultant who satisfies the requirements prescribed at Point a, Clause 2 of this Article and at least 2 consultants in different specialties who satisfy the requirements prescribed at Point b, Clause 2 of this Article. An organization providing consultancy on the formulation of a master plan component must have at least 2 consultants who satisfy the requirements prescribed at Point b, Clause 2 of this Article.

2. Requirements on a local consultant:

a/ To be the manager of a planning project, a consultant must possess a university or higher degree and have at least 10 years’ experience in the field relevant to the master plan to be formulated, and has taken charge of formulating at least 1 master plan or strategy, plan or scheme in the field of atomic energy already approved by a competent authority, or has directly participated in the formulation of at least 2 master plans or strategies, plans or schemes in the field of atomic energy already approved by a competent authority;

b/ To take charge of formulating a master plan component, a consultant must possess a university or higher degree in the specialty relevant to the master plan component to be formulated, and has taken charge of or directly participated in the formulation of at least 1 master plan or strategy, plan or scheme in the field of atomic energy already approved by a competent authority.

3. The agency formulating the master plan or agencies formulating master plan components shall select foreign consultants and report such to its(their) head(s) for decision.

Article 20.Collection of opinions on the master plan

1. Opinions on the master plan shall be collected from the National Council for Atomic Energy Development and Application, ministries, ministerial-level agencies, provincial-level People’s Committees, residential communities, agencies, organizations and individuals involved in the master plan.

2. In case the master plan is related to border areas, islands or national defense and security strategic areas, the agency organizing the formulation of the master plan shall consult the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs on the master plan’s contents before sending the master plan to related agencies for opinion.

3. Contents of the draft master plan, except the contents related to state secrets as prescribed by law, shall be posted on the websites of the agency organizing the formulation of the master plan, agency formulating the master plan, agencies organizing the formulation of master plan components, and agencies formulating master plan components within 30 days after the dossier of the master plan is sent to related agencies for opinion under Clause 4 of this Article.

4. The collection of opinions on the master plan shall be carried out as follows:

a/ The agency organizing the formulation of the master plan shall send a dossier of request for opinions on the master plan, which must comprise a report on the master plan, and diagrams and maps (if any) showing the master plan’s contents;

b/ The consulted agencies shall give their opinions in writing within 30 days after receiving the dossier;

c/ The agency formulating the master plan shall summarize, explain and assimilate opinions and report them to the agency organizing the formulation of the master plan for consideration before submitting the master plan to a competent authority for appraisal.

Chapter III

APPRAISAL, APPROVAL AND PUBLICIZATION OF THE MASTER PLAN

Section 1

APPRAISAL OF THE MASTER PLAN

Article 21.The master plan appraisal council

1. The Ministry of Science and Technology shall propose the Prime Minister to form the master plan appraisal council.

2. The master plan appraisal council shall be composed of at least 11 persons, including the chairperson and members. The council’s chairperson is the Minister of Science and Technology and members include representatives of the Ministry of Planning and Investment, Ministry of Finance, Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, and Ministry of Industry and Trade, and representatives of the agency formulating the master plan, related ministries, ministerial-level agencies, local administrations and organizations, and atomic energy experts. The council must have at least 3 criticism members who must have at least 10 years’ experience and professional capacity relevant to the master plan to be formulated.

3. The master plan appraisal council’s chairperson has the following responsibilities and powers:

a/ To take responsibility for the council’s operation; to organize and chair the council’s meetings;

b/ To designate the council’s standing body and assign tasks to the council’s members;

c/ To approve the report appraising the master plan.

4. A member of the master plan appraisal council has the following responsibilities and powers:

a/ To attend all meetings of the council;

b/ To study the dossier of request for appraisal of the master plan, and prepare written opinions on professional and general matters to be presented at the council’s meetings; to send written opinions on the draft report appraising the master plan to the council’s standing body for summarization; to coordinate with the council’s standing body in reviewing contents on explanation and assimilation of appraisal opinions in the master plan’s dossiers and documents before such dossiers and documents are appended with a certification seal;

c/ To reserve his/her opinions.

5. A criticism member of the master plan appraisal council has the following responsibilities and powers:

a/ To attend all meetings of the council;

b/ To study the dossier of request for appraisal of the master plan, and prepare written criticism opinions and send them to the council’s standing body for summarization;

c/ To receive remuneration under regulations.

Article 22.Responsibilities and powers of the standing body of the master plan appraisal council

1. To receive, study and process dossiers and documents of request for appraisal, which are submitted by the agency formulating the master plan to the master plan appraisal council.

2. To formulate and submit a plan on appraisal of the master plan to the chairperson of the master plan appraisal council for approval, or on re-appraisal of the master plan in case it is ineligible to be submitted for approval as concluded by the council.

3. To provide dossiers and documents on the master plan to members of the master plan appraisal council for opinion.

4. To propose the master plan appraisal council’s chairperson to permit the organization of meetings, conferences and seminars for evaluating thematic issues related to the master plan before the council’s meeting is held.

5. To summarize opinions of criticism members and other members of the master plan appraisal council, and other opinions, and report them to the council.

6. To prepare necessary conditions for the master plan appraisal council to hold a meeting to appraise the master plan.

7. To make minutes of the meeting to appraise the master plan.

8. To request the agency formulating the master plan to revise and complete the report on the master plan and relevant documents based on conclusions of the master plan appraisal council.

9. To make a report appraising the master plan; to collect written opinions on the draft report appraising the master plan from the master plan appraisal council’s members; to complete this report and submit 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 dossiers and documents of the master plan which have been revised and completed based on the council’s conclusions; to append seals in, and certify dossiers and documents of the master plan.

11. To use its funding, apparatus, vehicles and seals to perform the assigned tasks.

Article 23.Dossier of request for appraisal of the master plan

1. A dossier of request for appraisal of the master plan must comprise:

a/ A written request for appraisal of the master plan;

b/ Reports on the master plan, including a general report and a summary report on the master plan’s contents;

c/ A draft decision approving the master plan;

d/ A report summarizing opinions of related agencies, organizations, communities and individuals on the master plan; copies of documents showing opinions of related ministries, ministerial-level agencies and local administrations; and a report on explanation and assimilation of opinions on the master plan;

dd/ Diagrams and maps (if any) of the master plan.

2. The master plan appraisal council shall organize appraisal only after receiving a complete dossier prescribed in Clause 1 of this Article. When necessary, the council may request the appraisal requester to provide more information and explain relevant matters.

3. The time limit for appraising the master plan is 60 days after the master plan appraisal council’s standing body receives a compete dossier of request for appraisal.

Article 24.Contents of appraisal of the master plan

Contents of appraisal of the master plan must focus on:

1. Suitability of the master plan with the approved planning tasks;

2. Conformity of the master plan with the law on atomic energy;

3. Integration of the master plan’s contents by related ministries, ministerial-level agencies and local administrations as assigned;

4. Feasibility of the master plan and conditions guaranteeing solutions and resources for implementation of the master plan.

Article 25.Collection of opinions during appraisal of the master plan

1. Within 5 days after receiving a dossier of request for appraisal of the master plan as prescribed in Article 23 of this Decree, the master plan appraisal council’s standing body shall send the dossier to the council’s members for opinion.

2. Within 20 days after receiving the dossier, the master plan appraisal council’s criticism members shall send their written opinions to the council’s standing body for summarization.

3. The standing body of the master plan appraisal council shall collect opinions of related experts, socio-professional organizations and other organizations on the master plan’s contents through holding thematic conferences, workshops and seminars, and summarize the opinions and report them to the council.

Article 26.Meeting of the master plan appraisal council

1. Within 10 days after fully receiving opinions from the master plan appraisal council’s criticism members, the council’s standing body shall summarize such opinions and send them to the council’s members and propose the organization of a meeting of the council to the council’s chairperson.

2. A meeting for appraisal of the master plan shall be held when it is attended by at least three-quarters of the master plan appraisal council’s members, including the council’s chairperson, two-thirds of the council’s criticism members and a representative of the council’s standing body, with the presence of representatives of the agency formulating the master plan and organization providing consultancy on the formulation of the master plan.

3. The master plan appraisal council shall work on a collective basis, make public discussions, take a majority vote, and approve minutes of the meeting to appraise the master plan. The master plan may be submitted for approval when at least two-thirds of the council’s members attending the meeting vote for the acceptance of the master plan.

Article 27.Report on appraisal of the master plan

1. A report on appraisal of the master plan must clearly show the master plan appraisal council’s opinions on the contents of appraisal of the master plan prescribed in Article 24 of this Decree, and conclusion on whether the master plan is eligible or ineligible to be submitted to the Prime Minister for approval.

2. A report on appraisal of the master plan and accompanying documents shall be sent to the agency organizing the formulation of the master plan within 15 days from the date of completion of the appraisal.

3. The agency organizing the formulation of the master plan shall direct the agency formulating the master plan to study, explain and assimilate appraisal opinions for modification and completion of the dossier of request for approval of the master plan.

4. Based on the master plan appraisal council’s conclusions and the report on explanation and assimilation of appraisal opinions of the agency formulating the master plan, the agency organizing the formulation of the master plan shall consider and submit the master plan to the Prime Minister for approval.

Section 2

APPROVAL AND PUBLICIZATION OF THE MASTER PLAN

Article 28.Dossier of request for approval of the master plan

The Minister of Science and Technology shall submit the master plan to the Prime Minister for approval. A dossier of request for approval of the master plan must comprise:

1. A written request for approval of the master plan;

2. A report on the master plan;

3. The Prime Minister’s draft decision approving the master plan, which must have the following principal contents: name, period and scope of the master plan, viewpoints, general objectives and general criteria on atomic energy development and application, specific targets on atomic energy development and application in different sectors and fields, development orientations for research, application and training institutions, solutions and resources for implementation of the master plan, and organization of the implementation of the master plan;

4. A report summarizing opinions of related agencies, organizations, communities and individuals on the master plan; copies of documents showing opinions of related ministries, ministerial-level agencies and provincial-level People’s Committees; and a report on explanation and assimilation of opinions on the master plan;

5. A report on appraisal of the master plan; and copies of documents showing opinions of related experts, socio-professional organizations and other organizations;

6. A report on explanation and assimilation of the master plan appraisal opinions;

7. Diagrams and maps (if any) on the master plan.

Article 29.Publicization of the master plan

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, and related ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the publicization of the master plan.

2. Within 15 days after the master plan is approved, its contents shall be publicized in accordance with the planning law and the law on protection of state secrets.

Article 30.Archive of the master plan’s dossiers

1. Dossiers of the master plan include:

a/ A dossier of request for appraisal of the master plan as prescribed in Clause 1, Article 23 of this Decree;

b/ A dossier of request for approval of the master plan as prescribed in Article 28 of this Decree;

c/ A decision approving the master plan;

d/ Other documents (if any).

2. The archive of the master plan’s dossiers must comply with the law on archives.

Chapter IV

IMPLEMENTATION, EVALUATION AND MODIFICATION OF THE MASTER PLAN

Article 31.Plans to implement the master plan

1. Plans to implement the master plan shall be issued after the master plan is approved.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Health, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, and related ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating plans to implement the master plan, including a plan on issuance of policies and solutions, and submit them to the Prime Minister for approval.

Article 32.Reports on planning activities

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall send reports on planning activities to the Ministry of Science and Technology before October 31 for summarization and reporting to the Prime Minister before November 30 every year.

2. The Ministry of Science and Technology shall guide the content and form of a report on planning activities related to atomic energy development and application.

Article 33.Evaluation of implementation of the master plan

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the ministries mentioned in Clause 2, Article 7 of this Decree and related provincial-level People’s Committees, ministries and ministerial-level agencies in, evaluating the implementation of the master plan once every year or every five years or on an unscheduled basis.

2. Based on the annual evaluation of the implementation of the master plan, if wishing to modify part of the approved master plan, or when arising problems cause change to part of the approved master plan, the master plan shall be promptly modified to suit practical conditions.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall send reports on evaluation of the implementation of the master plan according to their assigned tasks to the Ministry of Science and Technology for the latter to summarize them and make a report evaluating the implementation of the master plan for submission to the Prime Minister. A periodical report evaluating the implementation of the master plan constitutes part of the report on planning activities prescribed in Article 32 of this Decree.

4. Contents of evaluation of the implementation of the master plan must comply with Article 50 of the Planning Law, and this Decree. The Ministry of Science and Technology shall guide the criteria for evaluation of the implementation of the master plan.

Article 34.Modification of the master plan

1. The master plan shall be modified upon the modification of relevant strategic objectives, socio-economic development plans, sectoral strategies and master plans in accordance with the planning law, which leads to a change in the master plan’s contents, and based on the report evaluating the implementation of the master plan.

2. In case the modification of the master plan changes the master plan’s objectives, the Ministry of Science and Technology shall propose the Prime Minister to approve the policy on modification of the master plan and organize the modification of the master plan under the provisions on formulation, appraisal, approval and publicization of the master plan and archive of the master plan’s dossiers in Chapters II and III of this Decree.

3. The modification of part of the master plan which does not affect the master plan’s objectives is carried out as follows:

a/ Ministries, ministerial-level agencies and provincial-level People’s Committees covered by the master plan shall make a dossier of request for modification of the master plan and send it to the Ministry of Science and Technology;

b/ A dossier of request for modification of the master plan must comprise a written request for adjustment of the master plan; a report explaining the modification, and other documents (if any);

c/ The Ministry of Science and Technology shall review the dossier, and consult related ministries, sectors and localities when necessary;

d/ The Ministry of Science and Technology shall summarize the dossier and submit it to the Prime Minister for decision.

4. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related bodies in, updating the modified contents and including them in the master plan.

Chapter V

IMPLEMENTATION PROVISIONS

Article 35.Effect

This Decree takes effect on the date of its signing.

Article 36.Implementation responsibility

1. The Minister of Science and Technology shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC