Decree No. 56/2019/ND-CP detailing the Law Amending the Thirty Seven Laws Related to the Planning Law

DECREE

Detailing the implementation of a number of transport-related articles of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law^[1]

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

Pursuant to the November 20, 2018 the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree detailing the implementation of a number of transport-related articles of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details the formulation, appraisal, approval, publicization, implementation, evaluation and adjustment of technical and specialized master plans specified in Clause 2, Article 1; Clauses 6 and 10, Article 2; and Clause 2, Article 3 of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law.

Article 2.Subjects of application

This Law applies to agencies, organizations and individuals involved in the formulation, appraisal, approval, publicization, implementation, evaluation and adjustment of technical and specialized master plans in the transport sector (below referred to as master plans).

Article 3.Agency in charge of organizing the formulation of master plans and planning agencies

1. The agency in charge of organizing the formulation of master plans is the Ministry of Transport.

2. Planning agencies are specialized agencies of the Ministry of
Transport assigned to formulate technical and specialized master plans in the transport sector.

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

1. An organization providing consultancy on the formulation of master plans must satisfy the conditions prescribed in Clauses 2 and 3 of this Article.

2. A consultant being the manager of a planning project must have experience in acting as the manager of a planning project at the same or higher level or have already taken charge of formulating at least 2 master plans at a lower level or directly participated in formulating at least 3 master plans in the same field.

3. A consultant participating in the formulation of a master plan must possess a university or higher degree in the field in which the master plan to be formulated, and have 3 years’ professional experience in his/her assumed jobs.

Article 5.Expenses for planning activities

Expenses for the formulation, appraisal, approval, publicization, evaluation and adjustment of master plans shall be paid as regular expenditures in accordance with the law on the state budget or by other lawful capital sources.

Chapter II

FORMULATION OF MASTER PLANS

Section 1

ORGANIZATION OF FORMULATION OF MASTER PLANS

Article 6.Responsibilities of the agency in charge of organizing the formulation of master plans

1. To decide on planning agencies.

2. To appraise and approve master plan formulation tasks.

3. To collect opinions of related agencies, organizations and individuals.

4. To submit to the Prime Minister for approval or decision on approval master plans according to its competence.

Article 7.Responsibilities of planning agencies

1. To assume the prime responsibility for, and coordinate with agencies and organizations in, formulating and submitting master plan formulation tasks; submitting dossiers for appraisal of master plan formulation tasks to related agencies and organizations for appraisal.

2. To select organizations providing consultancy on the formulation of master plans under regulations.

3. To organize the formulation of master plans according to the approved master plan formulation tasks.

4. To provide sufficient documents and physical foundation to the appraisal council and related agencies when they give opinions on, and appraise master plans.

Article 8.Responsibilities of organizations providing consultancy on the formulation of master plans

1. To take responsibility for contents according to contracts, including
quantity, implementation period, accuracy and quality of master plan products.

2. To coordinate with related agencies, organizations and individuals in the course of formulation of the master plan.

Article 9.Time limit for formulation of master plans

1. The time limit for formulation of a master plan formulation task is 3 months.

2. The time limit for formulation of a master plan depends on the approved plan task.

3. The time limit for formulation of master plan formulation tasks and the time limit for formulation of master plans prescribed in Clauses 1 and 2 of this Article do not include time limit for appraisal and approval of master plan formulation tasks and time limit for appraisal and approval of master plans.

Section 2

MASTER PLAN FORMULATION TASKS

Article 10.Contents of master plan formulation tasks

1. Grounds for formulating a master plan formulation task:

a/ Related national sectoral master plans, regional master plans and provincial master plans;

b/ Relevant legal documents;

c/ Reports on review and evaluation of the implementation of the previous period’s master plans;

2. Contents of a master plan formulation task:

a/ Grounds for formulating the master plan;

b/ Viewpoints and objectives for formulation of the master plan;

c/ Scope, subjects and period of the master plan;

d/ Key tasks of the master plan;

dd/ Forecast of development prospects and demands in the planning period;

e/ Requirements on contents and formulation method of the master plan;

g/ Requirements and tasks of strategic environmental assessment;

h/ Requirements on master plan products (composition, quantity, standards and specifications of dossier);

i/ Time limit for, plan on, and responsibilities of agencies for, formulation of the master plan;

k/ Estimated expenses for the formulation of the master plan.

Article 11.Appraisal of master plan formulation tasks

1. The agency in charge of organizing the formulation of master plans shall organize the appraisal of a master plan formulation task in the form the formulation of an appraisal council or assignment of a functional unit to appraise the master plan.

2. A dossier for appraisal of a master plan formulation task must comprise:

a/ A written proposition for appraisal of the master plan formulation task;

b/ A report explaining the master plan formulation task;

c/ Other documents (if any).

3. Contents of appraisal of the master plan formulation task:

a/ Conformity with legal grounds;

b/ Appropriateness, rationality and reliability of contents and methods of formulating master plans;

c/ Conformity of contents of the master plan formulation task with estimated expenses and funding sources for the formulation of master plans;

d/ Feasibility of the plan on formulation of the master plan.

4. The time limit for appraising the master plan formulation task is 45 days after the appraisal council or unit with the function of appraisal receives a complete dossier for appraisal.

5. Report on appraisal of the master plan formulation task:

a/ A report on appraisal of the master plan formulation task must have the contents specified in Clause 3 of this Article;

b/ Within 10 days after the appraisal is completed, the appraisal council or unit with the function of appraisal shall send a report on appraisal of the master plan formulation task to the planning agency;

c/ Within 15 days after receiving a report, the planning agency shall study, explain and assimilate appraisal opinions and modify and complete the dossier for approval of the master plan formulation task.

Article 12.Approval of master plan formulation tasks

1. A dossier for approval of a master plan formulation task must comprise:

a/ A written request for approval of the master plan formulation task;

b/ A draft decision on approval of the master plan formulation task;

c/ A report on appraisal of the master plan formulation task;

d/ A report on explanation and assimilation of opinions of the appraisal council on contents of the master plan formulation task (if any);

dd/ A report explaining the master plan formulation task;

e/ Other documents (if any).

2. A decision on approval of the master plan formulation task must have the following principal contents:

a/ Name, period, scope and objects of the master plan;

b/ Viewpoints, objectives and principles of 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/ Quantity, standards and specifications of the master plan dossier;

e/ Expenses for the formulation of the master plan;

g/ Responsibility to solve problems arising in the course of formulation of the master plan;

h/ Other contents assigned by agency approving the master plan formulation task.

Section 3

CONTENTS OF MASTER PLANS AND CONSULTATION ON MASTER PLANS

Article 13.Contents of master plans

1. Principal contents of master plans on road transport infrastructure, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, master plans on seaport land areas and waters, master plans on development of the system of inland clearance depots, and master plans on railway routes and stations must comply with Clause 2, Article 1; Clauses 6 and 10, Article 2; and Clause 2, Article 3 of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law.

2. Depending on the nature and requirements of master plans, agencies in charge of organizing the formulation of master plans shall determine the scope, objects and detailed contents of master plans mentioned in Clause 1 of this Article and related works in master plan formulation tasks.

Article 14.Consultation on master plans

1. Opinions on master plans shall be collected from related ministries, sectors and provincial-level People’s Committees. Depending on the nature of master plans, the agency in charge of organizing the formulation of master plans shall decide to consult agencies, organizations and individuals or post on websites of the agency in charge of organizing the formulation of master plans and planning agencies for finalization of draft master plans.

2. The collection of opinions from related ministries, sectors and provincial-level People’s Committees is prescribed as follows:

a/ The agency in charge of organizing the formulation of a master plan shall send a dossier of request for opinions, including a report on the master plan and maps showing the master plan’s contents;

b/ Consulted agencies shall reply in writing within 15 days after receiving the dossier;

c/ The planning agency shall summarize, explain and assimilate opinions 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.

Chapter III

APPRAISAL, APPROVAL AND PUBLICIZATION OF MASTER PLANS

Section 1

APPRAISAL OF MASTER PLANS

Article 15.Competence to appraise master plans

The agency in charge of organizing the formulation of master plans shall form a appraisal council to appraise master plans.

Article 16.Masterplan appraisal council

1. A master plan appraisal council shall be composed of its chairperson and members. The chairperson of the council is the leader of the Ministry of Transport. Members of the appraisal council are representatives of related ministries, sectors, localities within the master plan scope, representatives of the planning agency and a number of agencies of the Ministry of Transport, planning experts (if necessary), including 2 criticism members.

The structure and composition of the appraisal council and organizations and individuals in charge of making counter-arguments in the appraisal council shall be decided by the agency in charge of organizing the formulation of master plans or the chairperson of the council. The master plan appraisal council shall work according to the collective regime.

2. The chairperson of an appraisal council has the following responsibilities and powers:

a/ To take responsibility for the operation of the appraisal council. To organize and chair meetings of the appraisal council;

b/ To assign tasks to members of the appraisal council;

c/ To approve master plan appraisal reports;

d/ To  decide on the selection of the consultancy organization and criticism members.

3. Members of an appraisal council have the following responsibilities and powers:

a/ To attend meetings of the appraisal council;

b/ To study master plan dossiers submitted for appraisal, and give opinions on issues falling within their expertise and general issues at meetings of the appraisal council;

c/ To reserve their opinions.

4. Organizations and individuals in charge of making counter-arguments have the following responsibilities and powers:

a/ To attend meetings of the appraisal council;

b/ To study master plan dossiers submitted for appraisal, and send their written opinions to the appraisal council for summarization;

c/ To receive remuneration as prescribed by law.

Article 17.Dossiers submitted for master plan appraisal

1. A dossier submitted for master plan appraisal must comprise:

a/ A report on the master plan appraisal;

b/ A report on the master plan;

c/ A draft decision on approval of the master plan;

d/ A report summarizing opinions of agencies, organizations and individuals on the master plan; copies of opinions of related ministries, agencies and localities; reports on explanation and assimilation of opinions on the master plan;

dd/ A strategic environmental assessment report;

e/ The system of diagrams and maps and database on the master plan.

2. The master plan appraisal council shall appraise the master plan only after receiving a complete dossier referred to in Clause 1 of this Article. In case of necessity, the appraisal council may request the planning agency to provide more information or make explanations about relevant contents.

Article 18.Consultation in the course of appraisal of master plans

1. Within 10 working days after receiving a dossier submitted for master plan appraisal, if the dossier satisfies the conditions for appraisal, the appraisal council shall send the dossier to council members for their opinions.

2. Within 15 working days after receiving a dossier submitted for master plan appraisal, appraisal council members shall send their written opinions to the standing body of the appraisal council for summarization.

3. In case of necessity, the appraisal council may consult experts, socio-professional organizations and other related organizations; select a consultancy organization to make counter-arguments on one or several contents of the master plan.

Within 30 working days after receiving the dossier of request for counter-arguments on the master plan, consultants shall send their written opinions to the appraisal council for summarization.

Article 19.Master plan appraisal meetings

1. Within 15 working days after receiving opinions of appraisal council members, the appraisal council shall summarize these opinions and propose the chairperson of appraisal council to hold a master plan appraisal meeting.

2. The appraisal council shall hold a master plan appraisal meeting when the following conditions are satisfied:

a/ At least 2/3 (two-thirds) of appraisal council members attend the meeting;

b/ Representatives of the agency in charge of organizing the formulation of master plans, planning agency and planning consultancy organization attend the meeting.

3. The appraisal council shall work on a collegial basis, discuss publicly and apply majority voting to decide on the acceptance of the master plan and approve the minutes of the master plan appraisal meeting.

4. A master plan is qualified to be submitted for decision or approval when at least 3/4 (three quarters) of appraisal council members vote for the approval of the master plan.

Article 20.Handling of master plans after appraisal meetings

1. In case a master plan is qualified to be submitted for decision or approval without any requirement on modification or supplementation, within 15 working days after the end of the master plan appraisal meeting, the appraisal council shall submit a report on results of the master plan appraisal to the chairperson of the appraisal council for sending it to the planning agency to complete the dossier for submission for master plan approval.

2. In case the master plan is qualified for approval but it must be modified and supplemented, the procedures therefore are prescribed as follows:

a/ Within 10 working days after the end of the master plan appraisal meeting, the appraisal council shall send a written conclusion to the planning agency for modification or supplementation;

b/ Within 20 working days, the planning agency shall modify or complete the master plan according to the conclusions of the appraisal council and submit it to the appraisal council, enclosed with written explanation on the assimilation of opinions of the appraisal council;

c/ The appraisal council shall receive the modified master plan project dossier, review modified contents, and send them to appraisal council members for their opinions (if necessary);

d/ In case the master plan is qualified to be submitted for approval, the appraisal council shall make and submit a report on master plan appraisal to the chairperson of the appraisal council for approval and sending it to the planning agency for completion of the dossier for submission for master plan approval;

dd/ In case the master plan fails to fully meet the appraisal council’s requirements on modification or supplementation, the appraisal council shall send a written guidance on the  modification or supplementation to the planning agency within 10 working days after receiving the modified dossier.

3. In case the master plan is not qualified to be submitted for approval, within 10 working days after the end of the master plan appraisal meeting, the appraisal council shall send its written conclusions to the planning agency for review and completion of the master plan dossier.

Section 2

APPROVAL AND PUBLICIZATION OF MASTER PLANS

Article 21.Submission and approval of master plans

1. Competence to approve master plans is provided in Clause 2, Article 1; Clauses 5, 6 and 10, Article 2; and Clause 2, Article 3 of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law.

2. A dossier to be submitted for master plan project approval must comprise:

a/ A written request for master plan approval;

b/ Complete consolidated report and brief report on the master plan;

c/ A report on appraisal results; a strategic environmental assessment report;

d/ A draft decision on approval of the master plan;

dd/ Other documents (if any).

3. A master plan shall be approved by a decision on master plan approval.

4. Contents of approval of a master plan include the principal contents specified in Clause 2, Article 1; Clauses 6 and 10, Article 2; and Clause 2, Article 3 of the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law.

Article 22.Publicization of master plans

1. The time limit for publicization of master plans must comply with the planning law, except contents classified as state secrets in accordance with the law on protection of state secrets.

2. The Ministry of Transport and planning agencies shall organize the publicization of master plans under their formulating competence.

3. A master plan shall be publicized in the mass media in one of the following forms:

a/ Organizing a press conference to publicize contents of the master plan and written approval of the master plan;

b/ Announcing the approval of the master plan and the list of projects prioritized for investment during the planning period on the national radio or television station or the provincial radio or television station; publishing summarized contents of the master plan on one or a number of central and local print presses;

c/ Displaying diagrams, maps and written approval of the master plan at the agency organizing the formulation of the master plans and planning agency;

d/ Organizing conferences to disseminate contents of the approved master plan;

dd/ Distributing publications (books, videos, etc.) on contents of the master plan;

e/ Posting on the website of the agency organizing the formulation of the master plan or planning agency.

Chapter IV

ORGANIZATION OF IMPLEMENTATION, EVALUATION AND
ADJUSTMENT OF MASTER PLANS

Article 23.Organization of implementation of master plans

The organization of implementation of master plans must comply with the scope and tasks assigned in decisions on approval of such master plans issued by competent authorities.

Article 24.Evaluation and review of the implementation of master plans

1. The evaluation of the implementation of master plans shall be carried out during planning periods, upon the adjustment of the master plans, or at the request of the agencies organizing the formulation of master plans.

2. Contents of evaluation of the implementation of a master plan:

a/ Results of the achievement of the master plan’s objectives;

b/ Impacts on socio-economic development, national defense and
security in the planned areas;

c/ The evaluation of the implementation of projects prioritized for investment during the planning period: list and investment plans and schedules of on-going investment projects (by capital source); list of commissioned projects  and their socio-economic efficiency and environmental impacts; list of projects prioritized for investment during the planning period that have not yet been implemented and reasons, difficulties and problems;

d/ The evaluation of policies and solutions to organize the implementation of the master plan.

3. Master plans shall be reviewed every 5 years or in special cases under decisions of agencies competent to approve master plans for adjustments to suit the socio-economic development in each period. Planning agencies shall review master plans.

Results of review of master plans shall be reported in writing to agencies competent to approve master plans.

Article 25.Adjustment of master plans

1. A master plan shall be adjusted when:

a/ The adjusted objectives of national-level master plans, master plans at higher level or the same level lead to a change in the master plan’s objectives;

b/ There are changes in input factors in initial master plan tasks such as transport and socio-economic development demands, etc.;

c/ Natural disasters, climate change or wars lead to a change in objectives, orientations and the organization of territorial space of the master plan;

d/ Abnormal developments in socio-economic activities leads to a shortage of resources for implementation of the master plan;

dd/ The adjustment of the master plan brings about higher efficiency than that stated in original master plan, or a detailed research discovers the rationality and efficiency of the master plan; or the project study in the implementation of the master plan give rise to problems or recommendations expected to help bring about higher efficiency;

e/ To meet the requirements on assurance of national defense and security; the science and technology development make fundamental changes to the implementation of the master plan.

2. The partial adjustment of a master plan shall be made when:

a/ Boundaries and capacity of focal works which are expected to be adjusted lead to an increase or a decrease by under 25% of the total land use demand or capacity of the master plan;

b/ Boundaries of route works is adjusted to increase and decrease by less
than 15% of the total area for land use demand, but the route length changes by less than 15%;

c/ Contents of the master plan are partly adjusted but development objectives, viewpoints, directions and solutions to implement the approved master plan remain unchanged while the uniformity of master plans in the region is guaranteed.

Article 26.Order, procedures and competence to adjust master plans

1. The order and procedures for adjustment of master plans are similar to those for formulation, appraisal, approval and publicization of, and provision of information on, master plans prescribed in this Decree.

2. The order and procedures for partial adjustment of master plans are prescribed as follows:

a/ The Ministry of Transport shall assign planning agencies to make and submit reports on partial adjustment of master plans.

b/ The Ministry of Transport shall review and consult related ministries, sectors and localities.

c/ Partial adjustments of master plans are submitted to competent authorities for approval.

3. Agencies competent to approve master plans may approve the adjustment of such master plans.

4. Planning agencies shall make master plan adjustments.

Chapter V

IMPLEMENTATION PROVISIONS

Article 27.Transitional provisions

1. Approved transport master plans have scope and scale equivalent to technical and specialized master plans under this Decree shall be implemented and adjusted until technical and specialized master plans are formulated, appraised and approved in accordance with this Decree.

2. Technical and specialized transport master plans shall be formulated, appraised and approved in accordance with this Decree.

Article 28.Effect

This Decree takes effect on the date of its signing.

Article 29.Implementation responsibility

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