Law amending 11 laws relating to Planning Law, Law No. 28/2018/QH14

LAW

Amending and Supplementing a Number of Articles of Eleven Laws Related to the Planning Law^[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles Concerning Planning of Law No. 55/2010/QH12 on Food Safety; Law No. 53/2014/QH13 on Notarization; Law No. 105/2016/QH13 on Pharmacy; Law No. 67/2014/QH13 on Investment; Law No. 49/2014/QH13 on Public Investment; Electricity Law No. 28/2004/QH11 amended and supplemented under Law No. 24/2012/QH13; Law No. 06/2007/QH12 on Chemicals; Law No. 29/2013/QH13 on Science and Technology; Law No. 09/2012/QH13 on Prevention and Control of Tobacco Harms; Law No. 50/2010/QH12 on Economical and Efficient Use of Energy; and Law No. 102/2016/QH13 on Children.

Article 1. To amend and supplement a number of articles of the Law on Food Safety

1. To amend and supplement Clause 1, Article 4 as follows:

“1. To elaborate national food safety strategies”.

2. To amend and supplement Point a, Clause 1, Article 62 as follows:

“a/ Assume the prime responsibility for formulating and submitting national food safety strategies to competent state agencies for promulgation, and organize the implementation thereof;”.

3. To amend and supplement Point a, Clause 2, Article 62 as follows:

“a/ To assume the prime responsibility for formulating and promulgating or submitting policies, strategies, plans and legal documents on food safety under its assigned management to competent state agencies for promulgation, and organize the implementation thereof;”.

4. To amend and supplement Clause 1, Article 63 as follows:

“1. To assume the prime responsibility for formulating and promulgating or submitting policies, strategies, plans and legal documents on food safety under its assigned management to competent state agencies for promulgation, and organize the implementation thereof.”.

5. To amend and supplement Clause 1, Article 64 as follows:

“1. To assume the prime responsibility for formulating, promulgating or submitting policies, strategies, plans and legal documents on food safety under its assigned management to competent state agencies for promulgation, and organize the implementation thereof.”.

6. To amend and supplement Clause 4, Article 64 as follows:

“4. To promulgate policies on development of markets and supermarkets; to submit regulations on conditions on food trading at markets and supermarkets to competent state agencies for promulgation.”.

7. To amend and supplement Clause 1, Article 65 as follows:

“1. To promulgate according to their competence or submit local legal documents and technical regulations to competent state agencies for promulgation so as to ensure management in the entire food supply chain.”.

Article 2. To amend and supplement a number of articles of the Law on Notarization

1. To amend and supplement Clause 1, Article 18 as follows:

“1. The establishment of a notarial practice organization must comply with this Law.”.

2. To amend and supplement Clause 1, Article 24 as follows:

“1. Upon occurrence of a change in any of the contents prescribed in Clause 3, Article 23 of this Law, a notary office shall register the changed content with the provincial-level Justice Department with which it has registered its operation.”.

3. To amend and supplement Points b and c, Clause 2, Article 69 as follows:

“b/ To formulate notarial profession development policies and submit them to the Government for promulgation;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding and managing the operations of notarial practice organizations;”.

4. To annul Point b, Clause 1, Article 70.

Article 3. To amend and supplement a number of articles of the Law on Pharmacy

1. To amend and supplement Point a, Clause 1, Article 10 as follows:

“a/ Assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, promulgating legal documents, strategies and policies on pharmaceutical industry development according to their competence, or submitting them to competent authorities for promulgation, and organizing the implementation thereof;”.

2. To amend and supplement Point c, Clause 1, Article 10 as follows:

“c/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development and related agencies in, planning the development of medicinal material cultivation zones and implementing measures to conserve and reasonably and sustainably exploit and use medicinal material sources;”.

3. To amend and supplement Clause 2, Article 10 as follows:

“2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, promulgating legal documents on pharmaco-chemical industry according to their competence or submitting them to competent authorities for promulgation, and organizing the implementation thereof.”.

4. To amend and supplement Point a, Clause 6, Article 10 as follows:

“a/ Assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, developing a financial mechanism for mobilizing and ensuring resources for the implementation of pharmaceutical industry development plans before submitting them to competent authorities for approval;”.

5. To amend and supplement Point a, Clause 8, Article 10 as follows:

“a/ Organize the implementation of legal documents, strategies and policies on development of pharmaceutical industry in conformity with local socio-economic development objectives and advantages;”.

6. To amend and supplement Clause 5, Article 104 as follows:

“5. The Prime Minister shall promulgate a master plan on the system of state-owned establishments testing drugs and drug materials and prescribe the organizational apparatus, physical foundations and operation of these establishments.”.

7. To annul Article 9.

Article 4. To amend and supplement a number of articles of the Law on Investment

1. To amend and supplement Clause 1, Article 20 as follows:

“1. Based on the master plan decided or approved by competent agencies under the planning law, ministries, ministerial-level agencies and People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall formulate plans on development investment in, and organize the construction of, technical and social infrastructure systems outside the fences of industrial parks, export-processing zones, hi-tech parks and functional sub-zones of economic zones.”.

2. To amend and supplement Article 21 as follows:

“Article 21. Development of housing and public service facilities for workers in industrial parks, hi-tech parks and economic zones

1. Based on the master plan decided or approved by competent agencies under the law on planning, provincial-level People’s Committees shall plan and allocate land areas for building housing and public service facilities for workers in industrial parks, hi-tech parks and economic zones.

2. For localities meeting with difficulties in allocating land areas for building housing and public service facilities for workers in industrial parks, competent state agencies shall decide to adjust the master plans of such industrial parks so as to reserve land areas for building housing and public service facilities.”.

3. To amend and supplement Point c, Clause 6, Article 33 as follows:

“c/ Assessment of the project’s conformity with national, regional, provincial, urban master plans and a master plan on special administrative-economic units (if any); assessment of the project’s socio-economic impacts and benefits;”.

4. To amend and supplement Point c, Clause 6, Article 35 as follows:

“c/ The project’s conformity with national, regional, provincial, urban master plans and master plan of special administrative-economic units (if any);”.

Article 5. To amend and supplement a number of articles of the Law on Public Investment

1. To add following Clause 5 to Article 5:

“5. Investment in the formulation and appraisal, decision on or approval, publication and adjustment of the master plan in accordance with the planning law.”

2. To amend and supplement Clause 2, Article 12 as follows:

“2. Conformity with the national socio-economic development strategy and five-year socio-economic development plans, and other relevant master plans as prescribed by the planning law.”.

3. To amend and supplement Clause 1, Article 18 as follows:

“1. Conforming with the socio-economic development strategy and plan and relevant master plan decided or approved by competent authorities in accordance with the planning law.”.

4. To amend and supplement Point d, Clause 2, Article 21 as follows:

“d/ Conformity with the socio-economic development strategy and plan and relevant master plan as prescribed by the planning law;”.

5. To amend and supplement Clause 1, Article 34 as follows:

“1. Necessity of the program to achieve and implement strategic socio-economic development objectives and plans and other relevant master plans as prescribed by the planning law;”.

6. To amend and supplement Clause 2, Article 40 as follows:

“2. Other relevant master plans as prescribed by the planning law.”.

7. To amend and supplement Point a, Clause 1, Article 46 as follows:

“a/ The objectives and conditions for implementation are adjusted in the socio-economic development strategy and plan and other relevant master plans as prescribed by the planning law;”.

8. To amend and supplement Point b, Clause 2, Article 47 as follows:

“b/ Assessment of conformity with other relevant master plans as prescribed by the planning law;”.

9. To amend and supplement Point c, Clause 1, Article 50 as follows:

“c/ Other relevant master plans as prescribed by the planning law;”.

10. To amend and supplement Clause 1, Article 55 as follows:

“1. Investment policy and planning projects for programs and projects have been decided by competent authorities.”.

11. To amend and supplement Article 57 as follows:

“Article 57. Funds for investment preparation, planning and implementation of projects in medium-term and annual public investment plans

1. Funds for investment preparation shall be allocated for:

a/ Formulation and appraisal of projects and decision on investment policy for projects;

b/ Formulation and appraisal of projects and decision on investment in projects.

2. Funds for planning shall be allocated for the formulation and appraisal, and decision on or approval, publication and adjustment of the master plan in accordance with the planning law.

3. Funds for project implementation shall be allocated for ground clearance, making of technical designs, construction drawing design and cost estimates for projects or items of projects and construction for completed projects that have not yet been allocated adequate funds, projects to be completed soon, on-going projects and newly launched projects.

4. The arrangement of funds for investment preparation, planning and project implementation must comply with the Government’s regulations.”.

12. To amend and supplement Clause 1, Article 96 as follows:

“1. To propose programs and projects in line with socio-economic development strategies and plans and other relevant master plans for each period in accordance with the planning law.”.

Article 6. To amend and supplement a number of articles of the Electricity Law

1. To amend and supplement Article 8 as follows:

“Article 8. Electricity development master plan

1. Electricity development master plan is a national sectoral master plan serving as the basis for investment in electricity development.

2. The formulation of an electricity development master plan must comply with the planning law and the following:

a/ The national energy development strategy;

b/ The orientations for the development of primary energy sources for electricity generation, including new and renewable energy sources.

3. The period of an electricity development master plan will be 10 years. Its vision will be between 30 and 50 years.”.

2. To amend and supplement Article 9 as follows:

“Article 9. Formulation, appraisal, approval, publication, organization of implementation and adjustment of electricity development master plans

1. The Ministry of Industry and Trade shall organize the formulation of electricity development master plans and submit them to the Prime Minister for approval in accordance with the planning law.

2. Provincial-level People’s Committees shall work out contents of plans on development of electricity supply networks of provincial master plans.

3. The formulation, appraisal, approval, publication, organization of implementation and adjustment of electricity development master plans must comply with the planning law.”.

3. To amend and supplement Article 10 as follows:

“Article 10. Expenses for formulation, appraisal, approval, publication, adjustment and evaluation of the implementation of electricity development master plans

Expenses for formulation, appraisal, approval, publication, adjustment and evaluation of the implementation of electricity development master plans must comply with the planning law.”.

4. To annul Article 8a.

Article 7. To amend and supplement a number of articles of the Law on Chemicals

1. To amend and supplement Clause 2, Article 6 as follows:

“2. The State shall build a national chemical safety control system and a chemical safety database.”.

2. To add following Clause 5 to Article 10:

“5. Locations of chemical industrial parks and chemical production facilities must be suitable to properties and characteristics of chemicals, chemical production and preservation technologies and natural and socio-economic conditions aiming to meet chemical safety requirements.”.

3. To amend and supplement Clause 3, Article 49 as follows:

“3. For the investigation and survey in service of the elaboration of chemical industry development strategies and plans;”.

4. To amend and supplement Point a, Clause 1, Article 63 as follows:

“a/ To promulgate according to its competence or submit to the Government for promulgation legal documents, strategies, and plans on development of the chemical industry and technical regulations on chemical safety;”.

5. To annul Articles 8 and 9.

Article 8. To amend and supplement a number of articles of the Law on Science and Technology

1. To amend and supplement Article 10 as follows:

“Article 10. Master plan on the network of public science and technology organizations

1. Master plan on the network of public science and technology organizations is a national sectoral master plan.

2. The formulation of a master plan on the network of public science and technology organizations must adhere to the planning law and the following principles:

a/ Planning the network of public science and technology organizations to be uniform and synchronous and rationally distributed, meeting requirements of science and technology development;

b/ Linking science and technology organizations with training institutions and organizations applying scientific research and technological development results;

c/ Ensuring the achievement of the objective of building national scientific and technological capacity, attaching importance to fields of science and technology directly serving socio-economic development, national defense and security;

d/ Ensuring the efficient use of the State’s resources, further socializing investment in science and technology development, especially in prioritized and key fields of science and technology.

3. The Ministry of Science and Technology shall plan the network of public science and technology organizations and submit it to the Prime Minister for approval under the planning law.”.

2. To amend and supplement Clause 2, Article 11 as follows:

“2. In addition to Clause 1 of this Article, the establishment of a public science and technology organization must conform with the master plan on the network of public science and technology organizations and appraisal opinions of the state management agency in charge of science and technology as decentralized by the Government.”.

3. To amend and supplement Point b, Clause 2, Article 16 as follows:

“b/ Serving the formulation of science and technology development policies and planning of the network of science and technology organizations;”.

4. To amend and supplement Clause 1, Article 22 as follows:

“1. Based on the national master plan on human resources development, the Minister of Science and Technology shall approve the master plan on development of human resources for science and technology as proposed by ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and other state agencies.”.

5. To annul Clauses 2 and 3, Article 67.

Article 9. To amend and supplement a number of articles of the Law on Prevention and Control of Tobacco Harms

1. To amend and supplement Clause 3, Article 4 as follows:

“3. Tobacco production and trading must conform with the objectives of incremental reduction of tobacco supply sources and the reduction of tobacco demand.”.

2. To annul Article 20 and Clause 1, Article 21.

Article 10. To amend and supplement a number of articles of the Law on Economical and Efficient Use of Energy

1. To amend and supplement Article 6 as follows:

“Article 6. National energy development strategies, energy master plans and energy use programs

1. National energy development strategies and energy use programs must meet the following requirements:

a/ To supply energy stably and safely; to rationally and economically use energy resources;

b/ To forecast energy supply and demand in conformity with socio-economic development strategies and plans; to harmoniously and proportionally combine coal, oil and gas, and electricity sectors with other sectors;

c/ To promote economical and efficient use of energy, prioritize reasonable development of clean energy technologies and increase renewable energy use rates;

d/ To devise and implement a roadmap to manufacture energy-saving devices, equipment and construction materials.

2. Energy master plan is a national sectoral master plan. The formulation of an energy master plan must comply with the planning law and Clause 1 of this Article.

3. The Prime Minister shall direct the formulation and implementation of national energy development strategies and energy use programs.

The Ministry of Industry and Trade shall formulate energy master plans and submit them to the Prime Minister for approval under the planning law.”.

2. To annul Point b, Clause 1, and Point b, Clause 2, Article 25.

Article 11. To amend and supplement a number of articles of the Law on Children

1. To amend and supplement Clause 5, Article 5 as follows:

“5. In the course of making policies and laws that affect children, opinions of children and related agencies and organizations shall be taken into consideration; children-related objectives and targets shall be incorporated in national, sectoral and local socio-economic development master plans and plans.”.

2. To amend and supplement Clause 1, Article 7 as follows:

“1. The State shall allocate resources for the realization of children-related objectives and targets set out in relevant master plans in accordance with the planning law, in national, sectoral and local socio-economic development plans; prioritize the allocation of resources for the protection of children and assurance of the exercise of children’s rights.”.

3. To amend and supplement Clause 2, Article 45 as follows:

“2. Provincial-level People’s Committees shall allocate land for, invest in the construction of children’s play, recreation, cultural, arts and sports centers; ensure conditions and appropriate timing for children to participate in activities at grassroots cultural and sports institutions.”.

4. To amend and supplement Clauses 1 and 2, Article 57 as follows:

“1. Ministries, ministerial-level agencies and government-attached agencies may, within the ambit of their tasks and powers, found public child protection service establishments under their respective management and grant operation registration certificates for other child protection service establishments that operate in more than one province; shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, promulgating or submitting to competent agencies for promulgation plans on the development of child protection service establishments and guiding the implementation thereof; develop processes and standards for the provision of child protection services in the fields under their respective management, and examine, inspect and handle violations in accordance with law.

2. Provincial-level People’s Committees may found public child protection service establishments and grant operation registration certificates for other child protection service establishments to operate in their respective provinces.”.

5. To amend and supplement Point a, Clause 1, Article 74 as follows:

“a/ The formulation and implementation of programs, policies, legal documents, master plans and other relevant master plans in accordance with the planning law and socio-economic development plans;”.

6. To amend and supplement Clause 2, Article 79 as follows:

“2.The Ethnic Council and various Committees of the National Assembly shall coordinate with the National Assembly’s Committee for Culture, Education, Youths, Adolescents and Children in considering and assessing issues related to children in draft laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee and the incorporation of children-related objectives and targets into national socio-economic development master plans and plans during the verification thereof as prescribed by the planning law; and oversee the implementation of policies and laws concerning children and the exercise of children’s rights.”.

7. To amend and supplement Clause 2, Article 82 as follows:

“2. To contribute written opinions on children-related issues to the drafting boards of laws, ordinances or resolutions of the National Assembly or the National Assembly Standing Committee and other legal documents; to propose the incorporation of children-related objectives and targets when formulating relevant master plans under the planning law, national, sectoral or local socio-economic development plans.”.

Article 12. Effect

This Law takes effect on January 1, 2019.

This Law was passed on June 15, 2018, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN