Law amending thirty-seven Laws related to Planning Law, Law No. 35/2018/QH14

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ATTRIBUTE Law amending thirty-seven Laws related to Planning Law

Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amending and supplementing a number of articles of thirty-seven Laws related to the Planning Law
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:35/2018/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:20/11/2018Effect status:
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Fields:Construction , Land - Housing

SUMMARY

The orientations of the plan of using national land cover a period of 50 years

The Law No. 35/2018/QH14 on amendments to some articles concerning planning of 37 laws is approved by the National Assembly on November 20, 2018.

This Law amend and supplement some regulation of planning the land using in the 2013 Land Law as follow:

The land use planning covers a period of 10 years. The orientations of the national and district land use planning cover a period of 30 - 50 years and 20 - 30 years respectively.

The national land use plan, provincial land use plan, plan for use of land for national defense purpose and plan for use of land for security purpose cover a period of 05 years. The district land use plan is formulated on an annual basis.

In addition, this Law adjust the land use planning and plans as follow:

- National land use planning, planning for use of land for national defense purpose and planning for use of land for security purpose shall be adjusted as prescribed by the law on planning;

- Adjustments to the district land use planning shall be made if one of the following bases is available:

+  Adjustments to any socio - economic development, national defense and security strategy, national planning, regional planning or provincial planning change the land use structure;

+ Natural disasters or war change the land use purposes, structure, locations and area;

+ Adjustments to administrative divisions are made.

 

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Effect status: Known

 

THEPRESIDENT

No. 16/2018/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 04, 2018

 

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

 

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

 

PROMULGATES:

The LawAmending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law,

which was passed on November 20, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

 


 

THE NATIONALASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 35/2018/QH14

 

 

 

Law

Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles related to Planning of Law No. 23/2008/QH12 on Road Traffic, Vietnam Maritime Code No. 95/2015/QH13, Railway Law No. 06/2017/QH14, Law No. 23/2004/QH11 on Inland Waterway Navigation, which was amended and supplemented under Law No. 48/2014/QH13 and Law No. 97/2015/QH13, Law No. 17/2012/QH13 on Water Resources, which was amended and supplemented under Law No. 08/2017/QH14, Land Law No. 45/2013/QH13, Law No. 55/2014/QH13 on Environmental Protection, Mineral Law No. 60/2010/QH12, Law No. 90/2015/QH13 on Hydro-meteorology, Law No. 20/2008/QH12 on Biodiversity, Law No. 82/2015/QH13 on Marine and Island Resources and Environment, Law No. 41/2013/QH13 on Plant Protection and Quarantine, Law No. 79/2006/QH11 on Dikes, Law No. 08/2017/QH14 on Hydraulic Work,  Law No. 18/2008/QH12 on Atomic Energy, Law No. 04/2011/QH13 on Measurement, Law No. 68/2006/QH11 on Standards and Technical Regulations, Law No. 05/2007/QH12 on Product and Goods Quality, Law No. 86/2015/QH13 on Cyberinformation Security, Publishing Law No.19/2012/QH13, Press Law No. 103/2016/QH13, Law No. 30/2013/QH13 on National Defense and Security Education, Law No. 69/2014/QH13 on Management and Use of State Capital Invested in Production and Business at Enterprises, Law No. 44/2013/QH13 on Thrift Practice and Waste Combat, which was amended and supplemented under Law No. 21/2017/QH14, Customs Law No.54/2014/QH13, which was amended and supplemented under Law No.71/2014/QH13, Securities Law No. 70/2006/QH11, which was amended and supplemented under Law No. 62/2010/QH12, Cinematography Law No. 62/2006/QH11, which was amended and supplemented under Law No. 31/2009/QH12, Law No. 16/2012/QH13 on Advertising, Construction Law No. 50/2014/QH13, which was amended and supplemented under Law No. 03/2016/QH14, Law No. 30/2009/QH12 on Urban Planning, which was amended and supplemented under Law No. 77/2015/QH13, the 1993 Petroleum Law, which was amended and supplemented under Law No. 19/2000/QH10 and Law No. 10/2008/QH12, Labor Code No. 10/2012/QH13, which was amended and supplemented under Law No. 92/2015/QH13, Law No. 58/2014/QH13 on Social Insurance, Law No. 25/2008/QH12 on Health Insurance, which was amended and supplemented under Law No. 32/2013/QH13, Law No. 46/2014/QH13 and Law No. 97/2015/QH13, Law No. 03/2007/QH12 on Prevention and Control of Infectious Diseases, Law No. 13/2012/QH13 on Judicial Expertise, and Law No. 59/2010/QH12 on Protection of Consumer Rights.

 

Article 1.Toamend and supplement a number of articles of the Law on Road Traffic

1. To amend and supplement Article 6 as follows:

“Article 6. Master plan on road network

1. Master plan on the network of roads, including national highways and expressways, is a national sectoral master plan that serves as a basis for orientating the traffic network development and determining resources for the implementation of road traffic infrastructure master plan, regional master plans, provincial master plans, master plans of urban areas, and master plans of rural areas.

2. The formulation of the road network master plan must comply with the planning law and ensures the connection between road transport and other transport modes.

3. The Ministry of Transport shall organize the formulation of the road network master plan and submit it to the Prime Minister for approval in accordance with the planning law.

4. Provincial-level People’s Committees shall organize the formulation of road network development plans to be included in provincial master plans based on the road network master plan and regional master plans.”

2. To add following Article 6a to below Article 6:

 “Article 6a. Road traffic infrastructure master plan

1. A road traffic infrastructure master plan is a technical and specialized master plan that concretizes the road network master plan and determines plans on development of road works and other road traffic infrastructure facilities for each road route.

2. A road traffic infrastructure master plan must have the following major contents:

a/ Direction of routes, main horizontal control points, length and size of roads running through each locality or region; quantity, size and main technical specifications of works, including bridges, tunnels and ferry landing stages on roads; intersection points, roadside service stations and other auxiliary works;

b/ A plan on connection with railway, inland waterway, maritime and air transport for each area or road; connection with the system of urban areas, economic zones, tourist zones, industrial parks and export processing zones;

c/ Land use and investment capital needs and roadmap for implementation of the master plan in an investment priority order;

d/ Detailed solutions for implementation of the master plan.

3. The planning period of the road traffic infrastructure master plan is 10 years, with a vision of between 20 and 30 years.

4. The road traffic infrastructure master plan shall be reviewed every 5 years to have adjustments suitable to the socio-economic development in each period.

5. The Ministry of Transport shall organize the formulation of the road traffic infrastructure master plan and submit it to the Prime Minister for approval.

6. The publicization of the road traffic infrastructure master plan must comply with the planning law and the law on road traffic.

7. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of the road traffic infrastructure master plan.”

3. To amend and supplement Clause 2, Article 46 as follows:

“2. Investment in the construction of road infrastructure facilities must conform with the road network master plan, road traffic infrastructure master plan, regional master plans, provincial master plans, master plans of urban areas, and master plans of rural areas already approved by competent authorities; comply with the process of investment and construction management and other relevant regulations; and ensure technical regulations and standards, landscape, environmental protection and biodiversity conservation.”

4. To amend and supplement Clauses 2, 3 and 4, Article 51 as follows:

“2. Car terminals, parking lots and roadside service stations shall be built
according to technical standards.

3. Toll stations, where tolls for vehicles operating on the roads are
collected, shall be built under investment projects approved by competent state agencies. Operation of toll stations must ensure uninterrupted and safe traffic.

4. Vehicle weight inspection stations, where road administration agencies
collect information on, analyze and assess impacts of vehicle weight and size limits on road safety; inspect and handle violations of vehicles with
size and weight in excess of the permitted road size limits, and
caterpillars traveling on roads, shall be built under decisions of competent authorities.”

5. To amend and supplement Clause 7, Article 61 as follows:

“7. Examinations for the grant of driver licenses must be held at driver
examination centers. Driver examination centers must have physical- technical foundations meeting the driver examination requirements as prescribed.”

6. To annul Clause 3, Article 64.

7. To amend and supplement Clause 1, Article 84 as follows:

“1. Formulating the road network master plan, road traffic infrastructure master plan, plans and policies on road traffic development; formulating and directing the implementation of the national program on road traffic safety.”

Article 2.To amend and supplement a number of articles of the Vietnam Maritime Code

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

“2. To prioritize the development of maritime infrastructure facilities
through priority policies in the overall master plan on development of the seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters, master plan on development of the inland clearance depot system; and attraction of investment capital for the construction and commercial operation of such facilities.”

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

“12. Illegally building and operating seaport facilities and other
facilities within the scope of the overall master plan on development of the seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters,  master plan on development of the inland clearance depot system and relevant master plans under the planning law, in marine navigable channels and within the protection scope of maritime facilities.”

3. To amend and supplement Clause 1, Article 77 as follows:

“1. Seaports, offshore oil and gas ports, wharves, piers, buoy berths and water zones and areas shall be named in the course of formulating master plans or construction investment projects or announcing their use at the request of investors or related agencies and organizations.”

4. To amend and supplement Article 81 as follows:

“Article 81. Overall master plan on development of the seaport system

1. The overall master plan on development of the seaport system is a national sectoral master plan.

2. The formulation of the overall master plan on development of the seaport system must comply with the planning law based on national defense and security tasks, demands, resources and the world maritime development trend.

3. When formulating seaport-related master plans, ministries, ministerial-level agencies and provincial-level People’s Committees shall obtain written opinions of the Ministry of Transport.”

5. To amend and supplement Article 82 as follows:

“Article 82. Responsibility to formulate and manage the overall master plan on development of the seaport system

1. The Ministry of Transport shall organize the formulation of the overall master plan on development of the seaport system and submit it to the Prime Minister for approval in accordance with the planning law.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a/ Coordinate with the Ministry of Transport in managing the overall master plan on development of the seaport system;

b/ Ensure land and water areas for the construction and development of seaports under the approved master plan.”

6. To add following Article 82a to below Article 82:

“Article 82a. Detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters

1. Detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, and detailed master plans on development of seaport land and waters are technical and specialized master plans that concretize the overall master plan on development of the seaport system.

2. A detailed master plan on seaport groups, wharves, piers, buoy berths and water zones and areas must have the following major contents:

a/ Forecast of cargo throughput demand; distribution of cargo quantity to each wharf or wharf area in a seaport group;

b/ Type of port; plans on reasonable regulation of cargo flow; development assistance to economic zones, tourist zones, industrial parks and export processing zones;

c/ Number of piers, wharves, wharf areas and projects prioritized for investment for each planning period;

d/ Preliminary space layout of wharves and wharf areas in a seaport group;

dd/ Solutions for implementation of the master plan.

3. A detailed master plan on development of seaport land and waters must have the following major contents:

a/ Forecast of cargo throughput demand; distribution of cargo quantity for each wharf or wharf area in a seaport;

b/ Locations, size, utilities and land and water areas, areas of warehouses, yards and port logistics zones behind ports; arrangement of dedicated areas of seaports within the planned land and water areas; design capacity of piers and wharves; main technical specifications of navigable channels and size of ships in channels according to maritime standards;

c/ Locations and main technical specifications of piers, wharves, and public maritime infrastructure facilities; size and locations of works serving the state management;

d/ Land use and investment capital needs and roadmap for implementation of the master plan in an investment priority order;

dd/ Solutions for organizing and managing the implementation of the master plan; expected investment capital for construction of navigable channels and wharves.

4. The Ministry of Transport shall organize the formulation of detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, and submit them to the Prime Minister for approval. The Minister of Transport shall approve detailed master plans on development of seaport land and waters.

5. The publicization of detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters must comply with the planning and maritime laws.

6. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters.”

7. To amend and supplement Clause 1, Article 83 as follows:

“1. Investment in building seaports and marine navigable channels must comply with the overall master plan on development of the seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, and detailed master plans on development of seaport land and waters in accordance with this Code, investment and construction laws, and other relevant regulations.”

8.To annul Clause 1 and amend and supplement Clause 3 of Article 88 as follows:

“3. To invest in the building and development of seaport infrastructure facilities under the approved overall master plan on development of the seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, and detailed master plans on development of seaport land and waters.”

9. To amend and supplement Clause 1, Article 92 as follows:

“1. To participate in formulating the overall master plan on development of the  seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters and plans on development of seaports in areas under their management and supervise the implementation of these master plans and plans after they are approved by competent state agencies.”

10. To amend and supplement Article 102 as follows:

“Article 102. Master plan on development of the inland clearance depot system

1. The master plan on development of the inland clearance depot system is a technical and specialized master plan that concretizes national-level, regional and provincial master plans. The formulation of the master plan on development of the inland clearance depot system must be based on the socio-economic development strategy, national defense and security tasks and national-level, regional and provincial master plans.

2. The master plan on development of the inland clearance depot system must have the following major contents:

a/ Forecast of cargo throughput demand; distribution of cargo quantity for transport corridors and cargo zones;

b/ A transport plan for depot connection; plan on reasonable regulation of cargo flow in association with the development of economic zones, tourist zones, industrial parks and export processing zones, thus facilitating socio-economic development in the area;

c/ Locations, size, utilities and areas of depots; utilities of each depot within the planned land area; arrangement of works serving the state management;

d/ Land use and investment capital needs and roadmap for the implementation of the master plan in an investment priority order;

dd/ Solutions for organizing and managing the implementation of the master plan; estimated port investment capital.

3. The Minister of Transport shall organize the formulation of the master plan on development of the inland clearance depot system and submit it to the Prime Minister for approval.

4. The Ministry of Transport shall announce, guide and inspect the implementation of the approved master plan on development of the inland clearance depot system in accordance with the planning and maritime laws.

5. Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a/ Coordinate with the Ministry of Transport in managing the implementation of the master plan on development of the inland clearance depot system in accordance with this Code and relevant laws;

b/ Ensure land areas for the construction and development of inland clearance depots under the approved master plan.

6. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of the master plan on development of the inland clearance depot system.”

11. To amend and supplement Clause 2, Article 108 as follows:

“2. Organizing and managing maritime safety assurance means establishing and operating a maritime safety assurance system, including organizing the implementation of master plans and managing investment in the construction of infrastructure facilities, organizing the operation of the maritime safety assurance system; standardizing, assessing and supervising maritime safety assurance services in order to ensure their quality.”

12. To amend and supplement Point dd, Clause 1 of Article 126 as follows:

“dd/ For maritime facilities’ sections in the air and under the ground, the scope of protection shall be determined specifically for each facility based on the approved overall master plan on development of the seaport system, detailed master plans on seaport groups, wharves, piers, buoy berths and water zones and areas, detailed master plans on development of seaport land and waters, technical regulations and relevant regulations.”

13. To annul Articles 44 and 46, and Clause 1, Article 48.

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

1. To amend and supplement Article 7 as follows:

“Article 7. Railway network master plan

1. Railway network master plan is a national sectoral master plan that serves as a basis for directing investment in and development and operation of the railway network.

2. The Ministry of Transport shall organize the formulation of the railway network master plan and submit it to the Prime Minister for approval in accordance with the planning law.”

2. To add following Article 7a to below Article 7

“Article 7a. Mater plan on rail lines and railway stations

1. Master plan on rail line and railway station is a technical and specialized master plan that concretizes the national overall master plan and railway network master plan and shall be formulated for national rail lines, national railway stations in urban areas, key national railway stations and international transportation stations.

2. The rail line and railway station master plan must have the following major contents:

a/ Direction, starting point, ending point, line length, gauge, main horizontal control points, bridges, tunnels, intersection points; locations of railway stations and depots;

b/ A plan on connection with road, inland waterway, maritime and air transport; and connection with the system of urban areas, economic zones, tourist zones, industrial parks and export processing zones;

c/ Land use and investment capital needs and roadmap for implementation of the master plan in an investment priority order;

d/ Solutions for implementation of the master plan.

3. The Minister of Transport shall organize the formulation of rail line and railway station master plan and submit it to the Prime Minister for approval.

4. The publicization of the rail line and railway station master plan must comply with the planning and railway laws.

5. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of the rail line and railway station master plan.”

3. To amend and supplement Clause 1, Article 27 as follows:

“1. To conform to the railway network master plan and Vietnam’s industrial development strategy in each period.”

4. To amend and supplement Clause 2, Article 29 as follows:

“2. The training and development of human resources for railway industry must conform to the railway network master plan and suit the transferred technologies.”

5. To amend and supplement Clause 1, Article 70 as follows:

“1. The development of urban railways must conform to regional master plans, provincial master plans, master plans of urban areas and create a driving force for urban development.”

6. To amend and supplement Clause 1, Article 83 as follows:

“1. To formulate, and organize the implementation of, the railway network master plan, rail line and railway station master plan and other relevant master plans in accordance with the planning law; to formulate, and organize the implementation of, railway development plans and policies.”

Article 4.To amend and supplement a number of articles of the Law on Inland Waterway Navigation

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

“1. Inland waterway navigation activities mean activities of people and vessels participating in inland waterway navigation or transport; planning activities for inland waterway infrastructure, building, operation and protection of inland waterway navigation infrastructure facilities; search and rescue in inland waterways and state management of inland waterway navigation.”

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

“3. Development of inland waterway navigation must conform to the inland waterway infrastructure master plan and relevant master plans in accordance with the planning law, and ensure national defense and security.

Inland waterway infrastructure facilities shall be developed toward modernity and synchrony in navigable channels, routes, ports, landing stages, management technology and cargo loading and unloading; help ensure navigation safety, natural disaster prevention and control, environmental protection and response to climate change.

The development of inland waterway transportation must be in harmony with other modes of transportation.”

3. To amend and supplement Article 10 as follows:

“Article 10. Inland waterway infrastructure master plan

1. The inland waterway infrastructure master plan is the national sector master plan.

2. The formulation and approval of the inland waterway infrastructure master plan must comply with the planning law and conform to the water resources master plan, natural disaster prevention and control and hydraulic work master plans and other relevant master plans in accordance with the planning law.

Ministries, ministerial-level agencies and provincial-level People’s Committees, when formulating master plans and projects on construction of works related to inland waterway navigation, shall obtain written opinions of competent state management agencies in charge of inland waterway navigation, except works serving the natural disaster prevention and control and dike protection.

3. The Ministry of Transport shall organize the formulation of inland waterway infrastructure master plan and submit it to the Prime Minister for approval in accordance with the planning law; formulate orientations for development of inland waterway infrastructure to be included in regional master plans.

4. Provincial-level People’s Committees shall formulate plans on development of inland waterway infrastructure to be included in provincial master plans on the basis of national-level and regional master plans.”

4. To amend and supplement Clause 3, Article 13 as follows:

“3. The construction of inland waterway ports and landing stages must conform to the inland waterway infrastructure master plan and relevant master plans in accordance with the planning law and comply with relevant regulations.

Organizations or individuals that wish to construct inland waterway ports or landing stages must obtain a written approval of the state management agency in charge of inland waterway navigation.”

5. To amend and supplement Clauses 4 and 5, Article 99 as follows:

“4. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, formulating the master plan on the network of fishing ports and anchorages and storm shelter areas in accordance with the planning law; directing the implementation of measures to ensure navigation safety for areas for fishery activities and fishing vessels operating on inland waterways.

5. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Transport and related ministries and sectors in, formulating master plans on the system of dikes, irrigation works and natural disaster prevention and control plans related to inland waterway navigation; directing the installation and maintenance of inland waterway signs for irrigation works and the prompt clearance of irrigation works which are no longer in use and affect navigable channels and channel protection corridors.”

6. To amend and supplement Clause 2, Article 100 as follows:

“2. To organize the implementation of the master plan of inland waterway infrastructure according to their competence; to formulate, and organize the implementation of, plans on development of inland waterway infrastructure to be included in provincial master plans.”

7. To replace the phrase “inland waterway navigation infrastructure” with the phrase “inland waterway infrastructure” in Clause 2 of Article 4, Article 5, Clause 3 of Article 8, the title of Chapter II, Articles 9, 11 and 14, the title of Article 18, Article 19, Clause 1 of Article 22, Clause 4 of Article 98h, Clause 1 of Article 100 and Clause 1 of Article 101.”

Article 5.Toamend and supplement a number of articles of the Law on Water Resources

1. To amend and supplement Clause 8, Article 3 as follows:

“8. Relevant master plans as prescribed in the planning law, socio-economic development, national defense and security plans, programs and projects must be associated with the capacity of water sources and protection of water resources, assuring the maintenance of the minimum flows of rivers and no excess of the exploitation limits of aquifers, and having measures to assure the life of inhabitants.”.

2. To amend and supplement Article 11 as follows:

“Article 11.Overallmaster plans on baseline survey of water resources

1. Overallmaster plans on baseline survey of water resources is a technical and specialized master plan. The formulation of the overall master plan on baseline survey of water resources must:

a/ Meet the requirements of formulation of socio-economic development, national defense and security strategies and plans, national overall master plans, regional master plans and water resource strategies;

b/ Serve as a basis for the baseline survey of water resources.

2. Grounds for the formulation of the overall master plan on baseline survey of water resources include:

a/ Socio-economic development, national defense and security strategies and plans, and water resource strategy;

b/ Higher-level master plans

c/ Results of the implementation of the previous overall master plan on baseline survey of water resources.

3. The overall master plan on baseline survey of water resources must have the following major contents:

a/ Identification of requirements on information and data on water resources as well as water resource exploitation and use nationwide;

b/ Review and assessment of results of baseline survey of water resources or results of the implementation of the previous overall master plan on baseline survey of water resources;

c/ Identification of surveying activities to be carried out for each river basin, region or water source subject to baseline survey of water resources in the planning period;

d/ Identification of priority order of surveying activities specified at Point c of this Clause;

dd/ Implementation solutions, funds, plan and schedule.

4. The planning period of an overall master plan on baseline survey of water resources is 10 years, with a 20-year vision.”

3. To amend and supplement Point a, Clause 1 of Article 14 as follows:

“a/ Conformity with national socio-economic development, national defense and security strategies and plans and national overall master plans;”.

4. To amend and supplement Article 15 as follows:

“Article 15.Water resource master plans

1. Water resource master plans include:

a/ Water resource master plan which is a national sectoral master plan;

b/ Integrated master plans on inter-provincial river basins and inter-provincial water sources which are technical and specialized master plans that concretize overall master plans, water resource master plan and regional master plans, and span a 10-year period, with a vision of between 20 and 30 years.

c/ Master plan on transnational water source protection, exploitation and use which is a technical and specialized master plan formulated when countries sharing common water sources cooperate with one another on the basis of an agreement among them.

2. Subjects of water resource master plans are surface water and groundwater.

3. Provincial-level People’s Committees shall direct specialized agencies in  charge of water resources to organize the formulation of plans on extraction, use and protection of water resources and remedial actions against damage caused by water to be included in provincial master plans on the basis of national-level and regional master plans and integrated master plan on inter-provincial river basins and inter-provincial water sources.”

5. To amend and supplement Article 16 as follows:

“Article 16. Principles of formulation of water resource master plans

1. The formulation of the water resource master plan and integrated master plan on inter-provincial river basins and inter-provincial water sources must comply with the planning law and the following principles:

a/ To ensure the interconnection between surface water and groundwater and between exploitation and use of water resources and protection of water resources as well as prevention, control and remedy of harmful effects caused by water;

b/ To ensure the harmonious distribution of water use benefits between localities and sectors and between downstream areas and upstream areas;

c/ To be based on results of baseline survey of water resources.

2. The formulation of the master plan on transnational water source protection, exploitation and use must comply with the agreement among countries sharing common water sources and the principles specified at Points a and b, Clause 1 of this Article.

3. In case contents of a master plan on exploitation and use of water resources are inconsistent with the approved integrated master plan on inter-provincial river basins and inter-provincial water sources, they shall be revised and implemented under the water resource master plan.”

6. To amend and supplement Article 17 as follows:

“Article 17. Grounds for the formulation of integrated master plan on inter-provincial river basins and inter-provincial water sources

1. Water resource strategy and master plan.

2. Natural and socio-economic characteristics and specific conditions of each river basin or region, actual potential of water sources and forecast impacts of climate change on water resources.

3. Water exploitation and use needs of sectors and localities and environmental protection.

4. Results of baseline survey of water resources.

5. Norms, standards and technical regulations promulgated by competent agencies.

6. Provisions of treaties to which the Socialist Republic of Vietnam is a contracting party, for cases involving transnational water sources.

7. Approved planning tasks.”.

7.  To annul Article 18.

8. To amend and supplement Article 20 as follows:

“Article 20. Tasks of formulating integrated master plan on inter-provincial river basins and inter-provincial water sources

1. Tasks of formulating integrated master plan on inter-provincial river basins and inter-provincial water sources include the following contents:

a/ General assessment of natural and socio-economic characteristics, current status of water resources and situation of protection, exploitation and use of water resources and prevention, control and remedy of harmful effects caused by water;

b/ Preliminary identification of functions of water sources, water use and drainage needs and issues which need to be addressed in the protection, exploitation and use of water resources and prevention, control and remedy of harmful effects caused by water;

c/ Identification of planning subjects, scope and contents so as to ensure the functions of water sources and settlement of issues mentioned at Point b of this Clause;

d/ Identification of planning solutions, funds, plan and schedule.

2. Agencies that organize the formulation of integrated master plans on inter-provincial river basins and inter-provincial water sources shall approve master plan formulation tasks.”

9. To amend and supplement Article 21 as follows:

“Article 21. Competence to organize the formulation of, and approve, integrated master plans on inter-provincial river basins and inter-provincial water sources

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade and Ministry of Construction and related ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the formulation of integrated master plans on inter-provincial river basins and inter-provincial water sources and submit them to the Prime Minister for approval.

2. Written opinions of related ministries, ministerial-level agencies, provincial-level People’s Committees, river basin organizations and related organizations on integrated master plans on inter-provincial river basins and inter-provincial water sources shall be collected before such master plans are submitted to competent authorities for approval.

3. Agencies competent to formulate integrated master plans on inter-provincial river basins and inter-provincial water sources may hire consultancy units to formulate such mater plans.

4. Norms, unit prices, technical regulations and dossiers applicable to integrated master plans on inter-provincial river basins and inter-provincial water sources must comply with regulations of the Ministry of Natural Resources and Environment.”

10. To amend and supplement Article 22 as follows:

“Article 22. Adjustments to integrated master plans on inter-provincial river basins and inter-provincial water sources

1. An integrated master plan on inter-provincial river basins and inter-provincial water sources may be adjusted when:

a/ Socio-economic development, national defense and security strategies or plans, national-level or regional master plans or water resource strategies are adjusted, leading to changes in objectives of the approved master plan;

b/ The approved master plan fails to adhere to the principles specified in Clause 1, Article 16 of this Law;

c/ New national key projects or works are built, greatly affecting water resources;

d/ Natural conditions change, greatly affecting water resources;

2. Adjustments to an integrated master plan on inter-provincial river basins and inter-provincial water sources must conform to the water resource master plan and regional master plans and be based on results of analyzing and assessing the implementation of such master plans and elements affecting the adjustment, ensuring perpetuation of the approved master plan and adjustment of changed contents only.

3. State agencies competent to approve integrated master plans on inter-provincial river basins and inter-provincial water sources may decide to adjust such master plans.

4. The formulation of, collection of opinions on, and appraisal of, adjustments to integrated master plans on inter-provincial river basins and inter-provincial water sources shall be carried out like the formulation of such master plans.”

11. To amend and supplement Article 23 as follows:

“Article 23. Conditions on consultancy units to formulate integrated master plans on inter-provincial river basins and inter-provincial water sources

1. A consultancy unit formulating an integrated master plan on inter-provincial river basins and inter-provincial water sources must have the legal person status, satisfy the conditions on number and professional qualifications of individuals participating in formulating an integrated master plan on inter-provincial river basins and inter-provincial water sources, and have managerial capacity and technical conditions suitable to the contracted work.

2. The Government shall detail capacity conditions on consultancy units elaborating integrated master plans for inter-provincial river basins and inter-provincial water sources.”.

12. To amend and supplement Article 24 as follows:

“Article 24. Publicization and implementation of integrated master plans for inter-provincial river basins and inter-provincial water sources

1. The Ministry of Natural Resources and Environment shall publicize an integrated master plan for an inter-provincial river basin or inter-provincial water source within 15 days after it is approved. Forms of publicizing master plans must comply with the planning law.

2. River basin organizations shall put forward or recommend to competent state agencies measures to assure the implementation of integrated master plans for inter-provincial river basins and inter-provincial water sources and propose the settlement of matters arising in the course of implementation of these master plans.

3. Organizations, individuals and local communities shall be provided with conditions to exercise their supervisory right and propose measures to implement integrated master plans for inter-provincial river basins and inter-provincial water sources.

4. The Ministry of Natural Resources and Environment shall guide, inspect and organize the implementation of integrated master plans for inter-provincial river basins and inter-provincial water sources.

5. For technical and specialized master plans involving water resource exploitation and use elaborated by ministries or ministerial-level agencies, written approval of the Ministry of Natural Resources and Environment  is required.”.

 

13. To amend and supplement Clause 1, Article 26 as follows:

“1. The exploitation and use of water resources must comply with relevant master plans prescribed by the planning law; those whose activities cause a depletion of water source functions, land subsidence or water source pollution or salinization shall remedy consequences and, if causing damage, pay compensation in accordance with law.”.

14. To amend and supplement Clause 2, Article 47 as follows:

“2. The construction of hydropower works must conform to relevant master plans prescribed by the planning law and comply with Article 53 of this Law and other relevant laws.”.

15. To amend and supplement Clause 2, Article 48 as follows:

“2. Organizations and individuals may only use water that ensures standards and technical regulations on water quality for aquaculture. The exploitation and use of water resources for aquaculture must conform to relevant master plans prescribed by the planning law and neither cause water source pollution, deterioration or depletion nor obstruct the flow of, or damage works on, rivers as well as waterway transport and cause salinization of water sources.”.

16. To amend and supplement Clause 3, Article 50 as follows:

“3. The construction of waterway works and routes must conform to relevant master plans prescribed by the planning law.”.

17. To amend and supplement Clause 3, Article 52 as follows:

“3. The licensing of groundwater exploitation must be based on water resource master plans, integrated master plans for inter-provincial river basins and inter-provincial water sources, provincial master plans and groundwater baseline survey and exploration results, groundwater potential and deposits and compliant with Clause 4 of this Article.”.

18. To amend and supplement a number of clauses and points of Article 53 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The elaboration of a master plan in accordance with the planning law comprising a scheme on building a reservoir on a river or stream must conform to the water resource master plan, integrated master plan for inter-provincial river basins and inter-provincial water sources and have the following details:

a/ The necessity to build the reservoir for the fulfillment of planning tasks in comparison with other work solutions;

b/ Identification of the flow on rivers and streams which must be maintained over time in the downstream area of the proposed reservoir;

c/ Identification and arrangement of tasks of the proposed reservoir in an order of priority, and determination of the water supply level required to assure the fulfillment of each task;

d/ The capacity of the reservoir for the performance of each task in normal and abnormal weather conditions, with climate change elements taken into consideration;

dd/ The role of existing reservoirs in the river basin in ensuring the fulfillment of each task of the proposed reservoir;

e/ In the course of elaborating a master plan, those who enjoy benefits or face risks in the exploitation and use of water resource from the construction of the proposed reservoir must be consulted. All suggestions must be explained in the report sent to the state agency competent to appraise the master plan.”;

b/ To amend and supplement Point a, Clause 2 as follows:

“a/ Conforming to the water resource master plan, integrated master plans for inter-provincial river basins and inter-provincial water sources, provincial master plans and other relevant master plans as prescribed by the planning law;”.

19. To amend and supplement Point b, Clause 1, Article 55 as follows:

“b/ Water resource master plans, integrated master plans for inter-provincial river basins and inter-provincial water sources, provincial master plans and other relevant master plans as prescribed by the planning law, socio-economic development plans of localities and sectors engaged in the exploitation and use of water in these river basins;”.

20. To amend and supplement Points a and b, Clause 2, Article 70 as follows:

“a/ To promulgate according to its competence or propose competent state agencies to promulgate and implement legal documents on water resources; promulgate technical regulations, norms and unit prices on integrated master plans for inter-provincial river basins and inter-provincial water sources, master plans on baseline survey of water resources, water resource baseline survey, exploration, exploitation, use and protection;

b/ To elaborate and submit to the Prime Minister for approval or approve according to its competence and organize the implementation of water resource strategies and master plans; integrated master plans for inter-provincial river basins and inter-provincial water sources, master plans on baseline survey of water resources, inter-reservoir operation processes, lists of river basins and water sources; and plans on baseline survey, regulation and distribution of water resources and rehabilitation of polluted or depleted water sources;”.

21. To amend and supplement Point b, Clause 1, Article 71 as follows:

“b/ To elaborate and organize the implementation of schemes on water resource exploitation, use and protection and remediation of harmful effects caused by water in provincial master plans; plans on baseline survey, regulation and distribution of water resources, and rehabilitation of polluted or depleted water sources;”.

22. To replace phrases in the title of Chapter II, the title of Section 2 of Chapter II and the following provisions:

a/ To replace the phrase “water resource master plans” with the phrase “water resource master plans and other relevant master plans in accordance with the planning law” in Clause 3 of Article 3, Clauses 2 and 5 of Article 4, and Clause 1 of Article 54;

b/ To replace the phrase “water resource master plans for inter-provincial river basins and inter-provincial water sources and water resource master plans of provinces and centrally run cities” with the phrase “integrated master plans for inter-provincial river basins and inter-provincial water sources” in the title of Article 19; to replace the phrase “a water resource master plan consists of” with the phrase “an integrated master plan for an inter-provincial river basin or inter-provincial water source consists of” in Article 19;

c/ To replace the phrase “the water resource master plan of the concerned river basin” with the phrase “the water resource master plan and other relevant master plans as prescribed by the planning law” in Clause 2, Article 54;

d/ To replace the phrase “water resource master plans” with the phrase “master plans on water resources” in Clause 10, Article 9, the title of Chapter II and Section 2 of Chapter II.

Article 6.To amend and supplement a number of articles of the Land Law as follows:

1. To amend and supplement Chapter IV as follows:

“Chapter IV

LAND USE MASTER PLANS AND PLANS

Article 35. Principles of formulation of land use master plans and plans

1. The formulation of a land use master plan must comply with the planning law and the following principles:

a/ The national land use master plan must take into account specific characteristics and linkages of regions; and the district-level land use master plans must demonstrate the contents of the commune-level land use;

b/ To strictly protect land used only for rice cultivation, land for protection forest and land for special-use forest.

c/ To ensure the balance between land use needs of all sectors, fields and localities and national capacity and land fund so as to use land economically and efficiently;

d/  To exploit natural resources reasonably; to adapt to climate change;

dd/ The contents of land distribution and use in national sectoral master plans, regional master plans and provincial master plans must conform to the national land use master plan.

2. The formulation of a land use plan must comply with the following principles:

a/ To conform to socio-economic development and national defense and security strategies and plans;

b/ A land use plan must conform to the same-level land use master plan approved by the competent state agency; a provincial land use plan must conform to the scheme on land distribution and zoning in the provincial master plan;

c/ To use land economically and efficiently;

d/  To exploit natural resources reasonably and protect the environment; to adapt to climate change;

dd/ To protect and embellish cultural-historical relics and scenic places;

e/  Plans of sectors and localities that involve land use must conform to the land use master plans and plans already decided or approved by competent state agencies.

Article 36. System of land use master plans and plans

1. Land use master plans include:

a/ National land use master plans;

b/ District-level land use master plans;

c/ National defense land use master plans;

d/ Security land use master plans.

A scheme on land distribution and zoning according to functional areas and land types for each district-level administrative unit constitute a content of a provincial-level master plan.

2. Land use plans include:

a/ National land use plans;

b/ Provincial-level land use plans;

c/ District-level land use plans;

d/ National defense land use plans;

dd/ Security land use plans.

Article 37. Periods of land use master plans and plans

1. The period of a land use master plan is 10 years. The vision of a national land use master plan is between 30 and 50 years and that of a district-level land use master plan is between 20 and 30 years.

2. The period of a land use plan at the national or provincial level and that of a national defense or security land use plan is 5 years; district-level land use plans shall be made every year.

Article 38. National land use master plans and plans

1. Grounds for the formulation of a national land use master plan include grounds prescribed by the planning law and the following grounds:

a/ Natural and socio-economic conditions;

b/ Current land use status, land potential and results of the implementation of previous national land use master plans;

c/ Land use needs of all sectors, fields and provinces.

2. Contents of a national land use master plan must comply with the planning law.

3. Grounds for the formulation of a national land use plan include:

a/ National land use master plan;

b/ Five-year and annual socio-economic development plans of the country;

c/ Five-year land use needs of all sectors, fields and provinces;

d/ Results of the implementation of the previous national land use plans;

dd/ Capability to invest and mobilize resources for the implementation of the land use plan.

4. Contents of a national land use plan include:

a/ Analysis and assessment of results of the implementation of the previous national land use plan;

b/ Determination of the areas of the land types in the national land use master plan in each 5-year land use planning period;

c/ Five-year land use plan for each socio-economic region or provincial-level administrative unit;

d/ Solutions for the implementation of the land use plan.

Article 39. Schemes on land distribution and zoning according to functional areas and land types for each district-level administrative unit in provincial master plans or provincial-level land use plans

1. Grounds for the formulation of a scheme on land distribution and zoning of land according to functional areas and land types for each district-level administrative unit in a provincial master plan include the grounds for formulating master plans prescribed by the planning law and the following grounds:

a/ Land potential and results of the implementation of the previous provincial-level land use plan;

b/ Land use needs of all sectors, fields and provinces;

c Land use quotas;

d/ Scientific and technological advances related to land use.

2. Contents of a scheme on land distribution and zoning according to functional areas and land types for each district-level administrative unit in a provincial master plan must comply with the planning law.

3. Grounds for the formulation of a provincial-level land use plan include:

a/ The national land use plan; contents of land distribution and zoning in the provincial master plan;

b/ The provincial-level 5-year and annual socio-economic development plans;

c/ Five-year land use needs of all sectors, fields, the province and districts;

d/ Results of the implementation of the previous provincial-level land use plan;

dd/ Capability to invest and mobilize resources for implementing the land use plan.

4. Contents of a provincial-level land use plan include:

a/ Analysis and assessment of the implementation of the previous provincial-level land use plan;

b/ Determination of areas of the land types according to the scheme on land distribution and zoning in the provincial master plan in the land use planning period for each year and each district-level administrative unit;

c/ Determination of areas of the land types for which land use purposes need to be changed under Points a, b, c, d and e, Clause 1, Article 57 of this Law in the land use planning period for each year and each district-level administrative unit;

d/ Determination of areas and locations of national and provincial-level works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the land use plan period for each year and each district-level administrative unit. For projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of recovered land areas in the adjacent areas shall be carried out simultaneously in order to put land use rights up for auction to implement housing, trading, service, production and business projects;

dd/ The provincial-level land use planning map;

e/ Solutions for implementation of the land use plan.

Article 40. District-level land use master plans and plans

1. Grounds for the formulation of a district-level land use master plan include:

a/ The provincial-level master plan;

b/  Natural and socio-economic conditions of the district, town or provincial city;

c/ Current land use status, land potential and results of the implementation of the previous district-level land use master plan;

d/ Land use needs of all sectors, fields, the district and communes;

dd/ Land use quotas;

e/ Scientific and technological advances related to land use.

2. Contents of a district-level land use master plan include:

a/ Ten-year land use orientations;

b/ Determination of land use targets based on land types, including land use targets allocated to the district in the provincial master plan and those in accordance with land use needs of the district and communes;

c/ Determination of land use areas by land use function for each commune-level administrative unit;

d/ Determination of areas of land types prescribed at Point b of this Clause for each commune-level administrative unit;

dd/ The district-level land use planning map in which the areas planned for rice cultivation and for change of land use purposes as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law shall be demonstrated in detail for each commune-level administrative unit;

e/ Solutions for implementation of the land use master plan.

3. Grounds for the formulation of a district-level land use plan include:

a/ The provincial-level land use plan;

b/ The district-level land use master plan;

c/ Land use needs in the planning year of all sectors, fields, the district and communes;

d/ Capability to invest and mobilize resources for implementing the land use plan.

4. Contents of a district-level land use plan include:

a/ Analysis and assessment of results of the implementation of the previous land use plan;

b/ Determination of areas of the land types allocated in the provincial-level land use plan and areas of land types in accordance with land use needs of the district and communes in the planning year;

c/ Determination of locations and areas of land to be recovered to implement works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the planning year for each commune-level administrative unit. For projects on technical infrastructure, construction and improvement of urban centers and rural residential areas, the determination of locations and areas of recovered land in the adjacent areas shall be carried out simultaneously in order to put up land use rights for auction to implement housing, trading, service, production and business projects;

d/ Determination of areas of land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the planning year and for each commune-level administrative unit;

dd/ The district-level annual land use plan map in which areas planned for change of land use purposes as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law shall be demonstrated in detail for each commune-level administrative unit;

e/ Solutions for implementation of the land use plan.

5. Urban districts of which the urban master plans have been approved by competent state agencies shall formulate annual land use plans, but not land use master plans; in case the urban master plan of an urban district is inconsistent with areas allocated in the provincial-level master plan, it shall be adjusted in accordance with provincial master plan.

Article 41. National defense or security land use master plans and plans

1. Grounds for the formulation of a national defense or security land use master plan include grounds prescribed by the planning law and the following grounds:

a/ Natural and socio-economic conditions;

b/ Current land use status, land potential and results of the implementation of the previous national defense or security land use master plan;

c/ National defense and security land use needs;

d/ Land use quotas.

2. Contents of a national defense or security land use master plan must comply with the planning law.

3. Grounds for the formulation of a national defense or security land use plan include:

a/ The national land use plan and national defense or security land use master plan;

b/ Five-year national defense or security land use needs;

c/ Results of the implementation of the previous national defense or security land use plan;

d/ Capability to invest and mobilize resources for implementing the national defense or security land use plan.

4. Contents of a national defense or security land use plan include:

a/ Analysis and assessment of the implementation of the previous national defense or security land use;

b/ Determination of locations and areas of land which shall be used for national defense or security purpose in the 5-year land use plan for each year;

c/ Determination in detail of locations and areas of national defense or security land which may be re-allocated to localities in the 5-year period;

d/ Solutions for implementation of the national defense or security land use plan.

Article 42. Responsibilities for formulating land use master plans and plans

1. The Government shall organize the formulation of national land use master plans and plans. The Ministry of Natural Resources and Environment shall assume the prime responsibility for assisting the Government in formulating national land use master plans and plans.

2. Provincial-level People’s Committees shall formulate schemes on land distribution and zoning according to functional areas and land types for each district-level administrative unit in provincial master plans, organize the formulation of provincial-level land use plans. District-level People’s Committees shall organize the formulation of district-level land use master plans and plans.

Provincial-level land administration agencies shall formulate a scheme on land distribution and zoning according to functional areas and land types for each district-level administrative unit in provincial master plans, formulate provincial- level land use plans. District-level land administration agencies shall formulate district-level land use master plans and plans.

3. The Ministry of National Defense shall organize the formulation of national defense land use master plans and plans. The Ministry of Public Security shall organize the formulation of security land use master plans and plans.

4. The formulation of national land use master plans,  national defense or security land use master plans,  schemes on land distribution and zoning according to functional areas and land types for each district-level administrative unit in provincial master plans must comply with the planning law.

5. The Government shall detail this Article.

Article 43. Collection of opinions on land use master plans

1. The collection of opinions on national land use master plans, national defense or security land use master plans must comply with the planning law.

2. The collection of opinions on district-level land use master plans shall be carried out as follows:

a/ District-level People’s Committees shall organize the collection of opinions on district-level land use master plans;

b/ The collection of opinions of agencies, organizations, individuals and residential communities on district-level land use master plans shall be carried out in the form of organizing meetings, directly collecting opinions and publicizing contents of land use master plans on websites of provincial-level and district-level People’s Committees.

c/ The collection of opinions on district-level land use master plans must cover targets of land use master plans, projects and works to be implemented during land use master plan periods;

d/ The collection of opinions on district-level land use master plans shall be carried out within 30 days after competent state agencies decide on the collection of opinions;

dd/ District-level People’s Committees shall make reports on summarization, assimilation and explanation of public opinions, and finalize district-level land use master plans before submitting them to appraisal boards.

Article 44. Appraisal of land use master plans and plans

1. The appraisal of national land use master plans, national defense or security land use master plans must comply with the planning law.

2. The competence to establish an appraisal board for national land use plans, national defense or security land use plans, provincial-level land use plans, district-level land use master plans and plans is prescribed as follows:

a/ The Prime Minister may establish an appraisal board for national land use plans.

The Ministry of Natural Resources and Environment shall assist this appraisal board during the appraisal of national land use plans;

b/ The Minister of Natural Resources and Environment may establish an appraisal board for national defense or security land use plans, and provincial-level land use plans.

The central land administration agency shall assist this appraisal board during the appraisal of land use plans;

c/ The chairperson of a provincial-level People’s Committee may establish an appraisal board for district-level land use master plans and plans.

Provincial-level or district-level land administration agencies shall assist this appraisal board in appraising district-level land use master plans and plans.

3. Appraisal boards defined in Clause 2 of this Article shall appraise land use master plans and plans and send notices of appraisal results to the agencies competent to organize the formulation of such land use master plans and plans provided in Article 42 of this Law. These agencies shall assimilate and explain contents stated in such notices.

In case of necessity, an appraisal board shall organize the examination and field survey of areas for which the land use purpose is expected to change, especially paddy land, land for protection forests and land for special-use forests.

4. Contents of the appraisal of a district-level land use master plan include:

a/ Legal and scientific grounds for the formulation of the land use master plan;

b/ Level of conformity of the land use master plan with socio-economic development strategy and national, regional and provincial master plans;

c/ Socio-economic and environmental effects;

d/ Feasibility of the land use master plan.

5. Contents of the appraisal of a land use plan include:

a/ Level of conformity of the land use plan with the land use master plan;

b/ Level of conformity of the land use plan with the socio-economic development plan;

c/ Feasibility of the land use plan.

6. Fund for the appraisal of national land use plans, national defense or security land use plans, provincial-level land use plans, district-level land use master plans and plans shall be determined as part of the fund for the formulation of land use master plans and plans.

Article 45. Competence to decide and approve land use master plans and plans

1. Competence to decide and approve land use master plans:

a/ The decision and approval of national land use plans, national defense or security land use master plans must comply with the planning law;

b/ Provincial-level People’s Committees shall approve district-level land use master plans.

District-level People’s Committees shall submit district-level land use master plans to their People’s Councils for adoption before submitting them to provincial-level People’s Committees for approval.

2. Competence to decide and approve land use plans:

a/ The National Assembly shall decide on national land use plans;

b/ The Prime Minister shall approve national defense or security land use plans, provincial-level land use plans;

c/ Provincial-level People’s Committees shall approve district-level land use plans.

Provincial-level People’s Committees shall submit to their People’s Councils for adoption lists of projects for which land needs to be recovered under Clause 3, Article 62 of this Law, before approving district-level land use plans.

Article 46.Adjustment of land use master plans and plans

1. The adjustment of national land use master plans and national defense or security land use master plans must comply with the planning law.

2. The adjustment of a district-level land use master plan may only be carried out when one of the following grounds exists:

a/ There are adjustments to a socio-economic development, national defense or security strategy or a national, regional or provincial master plan and such adjustments result in change of land use structure;

b/ A natural disaster or war results in changes in land use purposes, structure, locations and areas;

c/ There is a local administrative boundary change.

3. The adjustment of a land use plan may only be carried out when there is an adjustment to a land use master plan or there is a change in the capability to implement the land use plan.

4. Adjustments to an approved land use master plan constitute part of such master plan. Adjustments to an approved land use plan constitute part of such plan.

The adjustment of district-level land use master plans or land use plans shall be carried out under Articles 42, 43, 44 and 48 of this Law.

5. The state agencies competent to decide on or approve land use master plans and plans of a certain level have competence to decide on or approve adjustments to land use master plans and plans of that level.

Article 47. Consultancy for formulation of land use master plans and plans

1. In the process of formulating land use master plans and plans, the agencies in charge of the formulation may hire consultants for formulation of land use master plans and plans.

2. The selection of consultants for formulation of the national land use master plan and national defense or security land use master plan must comply with the planning law.

3. The Government shall prescribe conditions on organizations and individuals providing consultancy for formulation of district-level land use master plans and land use plans.

Article 48. Publicization of land use master plans and plans

1. The publicization of the national land use and national defense or security master plan must comply with the planning law.

2. After being approved by a competent state agency, a district-level land use master plan must be publicized as follows:

a/ The district-level People’s Committee shall publicize the district-level land use master plan at its head office and on its website; and publicize the district-level land use master plan’s contents  relating to communes, wards and townships at the head offices of commune-level People’s Committees;

b/ The publicization must be conducted within 15 days from the date the master plan is approved by a competent state agency;

c/ The master plan shall be publicized throughout the land use planning period.

3. After being decided or approved by competent state agencies, land use plans must be publicized as follows:

a/ The Ministry of Natural Resources and Environment shall publicize the national land use plan at its head office and on its portal; provincial-level People’s Committees shall publicize provincial-level land use plans at their head offices and on their portals; district-level People’s Committees shall publicize district-level land use plans at their head offices and on their portals and publicize district-level land use plans’ contents relating to communes, wards and townships at the head offices of commune-level People’s Committees;

b/ The publicization must be conducted within 15 days from the date land use plans are decided or approved by competent state agencies;

c/ Land use plans shall be publicized throughout the duration of the land use plans.

Article 49. Implementation of land use master plans and plans

1. The implementation of the national land use master plan and national defense or security land use master plan must comply with the planning law and other relevant laws.

2. The Government shall organize and direct the implementation of the national land use plan.

3. The Prime Minister shall allocate land use targets to provinces and centrally run cities, the Ministry of National Defense and the Ministry of Public Security on the basis of national land use targets decided by the National Assembly,.

4. Provincial- and district-level People’s Committees shall implement land use master plans and plans of their respective localities.

5. Commune-level People’s Committees shall implement land use master plans and plans in their communes.

6. The Ministry of National Defense and the Ministry of Public Security shall implement the national defense or security land use plan, respectively.

7. In case land use master plans have been publicized but annual district-level land use plans are not yet available, land users may continue using land and exercising the rights of land users as prescribed by law.

In case annual district-level land use plans are available, users of land subject to change of land use purposes or recovery under these land use plans may continue exercising the rights of land users but may not build new houses or other construction works or plant perennial trees; if wishing to repair or renovate existing houses or construction works, they shall apply for permission from competent state agencies in accordance with law.

8. In case a land area which is subject to recovery for implementation of a project or change of the land use purpose as indicated in an annual district-level land use plan already publicized but the land recovery decision has not yet been issued or change of land use purpose has not yet been permitted though 3 years have passed, the state agency competent to approve the land use plan shall adjust or cancel the recovery of land or change of land use purpose and publicize such adjustment or cancellation.

In case the state agency competent to approve the land use plan fails to adjust or cancel, or does adjust or cancel but fails to publicize such adjustment or cancellation, concerned land users are not subject to the restriction of rights prescribed in Clause 7 of this Article.

9. At the end of the land use planning period, land use targets not yet fully attained may continue to be implemented until the land use master plan of the subsequent period is decided or approved by competent state agencies.

10. The Government shall detail the organization of the implementation of land use master plans and plans.

Article 50. Reporting on results of implementation of land use master plans and plans

1. The reporting on results of the implementation of the national land use master plan and national defense or security land use master plan, and land allocation and zoning plans under provincial master plans must comply with the planning law.

2. Commune- and district-level People’s Committees shall send reports on results of the implementation of land use master plans and plans to their superior People’s Committees. Before October 31 every year, provincial-level People’s Committees shall send reports on results of implementation of land use master plans and plans to the Ministry of Natural Resources and Environment.

3. The Ministry of Natural Resources and Environment shall:

a/ Report results of the implementation of land use master plans in accordance with the planning law;

b/ Summarize results of the implementation of land use plans nationwide for reporting to the Government in the last year of the land use planning period.

Article 51. Settlement of land use master plan- and plan-related problems arising from January 1, 2019

1. The handling of the national land use master plan, national defense or security land use master plan and provincial-level land use master plans which have been decided or approved before January 1, 2019, or formulated or appraised before January 1, 2019 but not yet been decided or approved, must comply with the planning law.

2. Land use plans which have been decided or approved by competent state agencies before January 1, 2019, will be further implemented till the end of the land use planning period, except the cases specified in Article 46 of this Law.

3. District-level land use master plans and land use plans of which the formulation or adjustment and appraisal have started prior to January 1, 2019, will be further formulated or adjusted, appraised and approved in accordance with Land Law No. 45/2013/QH13 and its guiding documents, but must be approved before July 1, 2019.”.

2. To amend and supplement Clause 1, Article 151 as follows:

“1. Land for economic zones includes land for construction of economic zones or border-gate economic zones established under decisions of the Prime Minister. Land for an economic zone covers the land areas used for its functional areas, including non-tariff zone, tariff-bonded zone, export processing zone, industrial park, entertainment area, tourist area, urban area, residential area, administration area and other functional areas in conformity with characteristics of each economic zone in order to create an especially favorable investment and business environment for investors.”.

3.To replace the phrase “national-level” in Clause 1, Article 21 with the word “national”.

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

1. To amend and supplement Clause 21, Article 3 as follows:

“21.Environmental protection master planmeans a national sectoral master plan on spatial arrangement and distribution, environmental zoning, nature conservation and biodiversity, waste management, and environmental monitoring and warning in an identified territory, aiming to protect the environment and serving national sustainable development goals in a given period of time.”.

2. To amend and supplement Article 8 as follows:

“Article 8. Grounds for the formulation and period of environmental protection master plans

1. Grounds for the formulation of an environmental protection master plan include grounds prescribed by the planning law and the following grounds:

a/ The environmental protection strategy for the same development period;

b/ Climate change scenarios for the same development period.

2. The period of an environmental protection master plan is 10 years, with a vision of 30-50 years.”

3. To amend and supplement Article 9 as follows:

“Article 9. Environmental protection master plans and environmental protection contents of regional master plans and provincial master plans

1. The formulation, appraisal, approval and adjustment of environmental protection master plans, the compilation of environmental protection contents of regional master plans and provincial master plans must comply with the planning law.

2. The Ministry of Natural Resources and Environment shall formulate environmental protection master plans; compile environmental protection contents of regional master plans; guide provinces and centrally run cities to compile environmental protection contents of provincial master plans.

3. Provincial-level environmental management agencies shall compile environmental protection contents of provincial master plans.”.

4. To amend and supplement Clause 1, Article 13 as follows:

“1. Objects subject to strategic environmental assessment include:

a/ National-level natural resources exploitation and use strategies; national- and regional-level strategies for development of sectors and fields with great environmental impacts;

b/ The national overall master plan; national marine space master plan; national land use master plan; national sectoral master plans, master plans of urban areas, master plans of rural areas, and technical and specialized master plan with great environmental impacts; regional master plans; provincial master plans; master plans of special administrative-economic units;

c/ Adjustments to the strategies and master plans subject to strategic environment assessment prescribed at Points a and b of this Clause which lead to change of the objectives of these strategies or master plans.”.

5. To amend and supplement Point a, Clause 3, Article 21 as follows:

“a/ Conforming to decisions on approval of environmental impact assessment reports for the stage of investment in construction of infrastructure facilities of centralized production, business or service zones;”.

6. To amend and supplement Article 40 as follows:

“Article 40. Incorporation of the content on climate change response in strategies and master plans

1. The content on climate change response must be presented in the strategies and master plans subject to strategic environment assessment prescribed in Article 13 of this Law.

2. The incorporation of the content on climate change response in strategies and master plans shall base on assessment of mutual impacts of activities under these strategies and master plans and the environment and climate change, and the formulation of a system of environmental protection and climate change response solution.”.

7. To amend and supplement Clause 5 Article 49 as follows:

“5. Strategies and plans on exploitation of resources from the sea, islands, nature reserves, mangrove forests and natural heritage sites must conform to environmental protection strategies and plans.”.

8. To amend and supplement Clause 1, Article 74 as follows:

“1. Transportation must comply with the law on environmental protection.”

9. To amend and supplement Clause 1, Article 88 as follows:

“1. To formulate, approve, and organize the implementation of, master plans related to technical infrastructure for waste treatment in localities.”.

10. To amend and supplement Article 94 as follows:

“Article 94. Hazardous waste management in environmental protection master plans

Hazardous waste management constitutes a content of environmental protection master plans and must comply with the planning law, the law on environmental protection and treaties to which Vietnam is a contracting party.”.

11. To amend and supplement Article 98 as follows:

“Article 98. Ordinary solid waste management in environmental protection master plans

Ordinary solid waste management constitutes  a content of environmental protection master plans and must comply with the planning and environmental protection laws.”.

12. To add the following Article 121a below Article 121:

“Article 121a. National overall master plan on environmental monitoring

1. The national overall master plan on environmental monitoring is a technical specialized master plan, covering the following principal contents:

a/ Analysis and assessment of the current state of the national environmental monitoring network; the system of laboratories, environmental analysis, and the environmental monitoring figure and data management system;

b/ Viewpoints and objectives of, and selection of plans for, the national overall master plan on environmental monitoring must conform to environmental zoning and environmental monitoring and warning orientations in the environmental protection master plan;

c/ Arrangement of the national environmental monitoring network, including orientations for soil, water and air environment monitoring site locations, parameters and frequency nationwide and automatic monitoring stations; orientations for development of the system of laboratories, environmental analysis and environmental monitoring figure and data management systems;

d/ A list of national environmental monitoring projects;

dd/ Orientations for connection of the national environmental monitoring network, database and data with provincial-level environmental monitoring networks, databases and data, and connection among environmental monitoring networks;

e/ The roadmap and sources for the implementation of the master plan.

2. The Ministry of Natural Resources and Environment shall formulate, appraise and submit the national overall master plan on environmental monitoring to the Prime Minister for approval. Provinces and centrally run cities shall provide the building of environmental monitoring networks in their provincial master plans, ensuring the connectivity, decentralization and coordination.”.

13. To amend and supplement Clause 10, Article 141 as follows:

“10. To participate in formulating the national overall master plan and regional master plans; direct and guide the compilation of environmental protection contents of provincial master plan and master plans of special administrative-economic units.”.

14. To amend and supplement Point a, Clause 3, Article 142 as follows:

“a/ The Minister of Planning and Investment shall assume the prime responsibility for, and coordinate with the Minister of Natural Resources and Environment, other ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees in, ensuring the satisfaction of environmental protection requirements in socio-economic development strategies and plans of the whole country, the national overall master plan, regional master plans, and projects and works to be decided by the National Assembly, Government or Prime Minister, and investment attraction activities, and organizing the implementation of the environmental protection law in the fields under their management;”.

15. To amend and supplement Point dd, Clause 1, Article 143 as follows:

“dd/ To appraise and approve environmental impact assessment reports; certify the completion of environmental protection facilities; and guide and organize the examination and certification of environmental protection plans according to their competence;”.

16.To annul Articles 10, 11 and 12, and Clause 1 of Article 52.

Article 8.To amend and supplement a number of articles of the Mineral Law

1. To add the following Clause 8 to Article 2:

“8.Mineral master plansconsist of master plans on geological baseline surveys of minerals; master plans on exploration, mining, processing and utilization of minerals; master plans on exploration, mining, processing and utilization of radioactive ores; and master plans on exploration, mining, processing and utilization of minerals for use as construction materials.”.

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

“1. Mineral activities must comply with mineral strategies and master plans and plans on protection, exploration, mining and utilization of minerals in provincial master plans in combination with protection of the environment, natural landscape, historical-cultural relics, scenic places and other natural resources while assuring national defense, security and social order and safety.”.

3. To amend and supplement Point a, Clause 1, Article 9 as follows:

“a/ Conformity with socio-economic development, national defense or security strategies and plans and the national overall master plan;”.

4. To amend and supplement Article 11 as follows:

“Article 11. Master plans on geological baseline surveys of minerals

1. A master plan on geological baseline surveys of minerals is a national sectoral master plan.

2. Grounds for the formulation of a master plan on geological baseline survey include the grounds prescribed by the planning law and the following grounds:

a/ Implementation results of the previous master plan on geological baseline surveys of minerals;

b/ Newly discovered mineral-related geological prerequisites and signs.

3. The formulation, appraisal, approval, publicization and implementation of master plans on geological baseline surveys of minerals must comply with the planning law.”.

5. To amend and supplement Article 13 as follows:

“Article 13. Master plans on exploration, mining, processing and utilization of minerals; master plans on exploration, mining, processing and utilization of radioactive ores; and master plans on exploration, mining, processing and utilization of minerals for use as construction materials

1. Master plans on exploration, mining, processing and utilization of minerals; master plans on exploration, mining, processing and utilization of radioactive ores; and master plans on exploration, mining, processing and utilization of minerals for use as construction materials are national sectoral master plans.

2. Grounds for the formulation of a master plan on exploration, mining, processing and utilization of minerals; a master plan on exploration, mining, processing and utilization of radioactive ores; or a master plan on exploration, mining, processing and utilization of minerals for use as construction materials include the grounds prescribed by the planning law and the following grounds:

a/ Mineral needs of economic sectors;

b/ Results of geological baseline surveys of minerals;

c/ Scientific and technological advances in mineral exploration and mining;

d/ Implementation results of the previous master plan; and strategic environmental assessment results in accordance with the law on environmental protection.

3. The formulation, appraisal, approval, publicization and implementation of master plans on exploration, mining, processing and utilization of minerals; master plans on exploration, mining, processing and utilization of radioactive ores; and master plans on exploration, mining, processing and utilization of minerals for use as construction materials must comply with the planning law.”.

6. To amend and supplement Article 14 as follows:

“Article 14. Adjustment of mineral master plans

A mineral master plan shall be adjusted in one of the following cases:

1. There is one of the grounds for adjustment of the master plan prescribed by the planning law;

2. There are new findings about minerals which affect the characteristics and contents of the master plan;

3. Upon occurrence of the circumstance prescribed in Clause 4, Article 28 of this Law.”.

7. To amend and supplement Clause 3, Article 17 as follows:

“3. When submitting the construction master plan of an inter-district region, the construction master plan of a district, an urban master plan or a master plan on construction of rural residential areas for approval, the agency in charge of formulating such master plan shall enclose written opinions of the competent licensing state management agencies prescribed in Article 82 of this Law.”.

8. To amend and supplement Clause 1, Article 26 as follows:

1. Mineral activity areas are areas where exist minerals for which geological baseline surveys of minerals have been conducted and which have been delimited by competent state agencies in relevant master plans in accordance with the planning law.”.

9. To amend and supplement Clause 4, Article 28 as follows:

“4. When it is necessary to explore or exploit minerals in areas banned from mineral activities or temporarily banned from mineral activities, the competent licensing state management agencies prescribed in Article 82 of this Law shall report such to the Prime Minister for the latter to consider and decide on the adjustment of relevant master plans in accordance with the planning law.”.

10. To amend and supplement Point b, Clause 2, Article 40 as follows:

“b/ Having an exploration scheme conformable with relevant master plans in accordance with the planning law; having obtained the Prime Minister’s written permission, for hazardous minerals;”.

11. To amend and supplement Point b, Clause 1, Article 47 as follows:

“b/ An exploration scheme in conformity with relevant master plans in accordance with the planning law;”.

12. To amend and supplement Point a, Clause 2, Article 53 as follows:

“a/ Having an investment project to exploit minerals in the area for which mineral exploration has been carried out and mineral deposits have been approved in conformity with relevant master plans in accordance with the planning law. Such a project must have a plan on employment of professional human resources and use of advanced and appropriate equipment, technologies and mining methods; for hazardous minerals, the Prime Minister’s written permission is also required;”.

13. To amend and supplement a number of clauses and points of Article 80 as follows:

a/ To amend and supplement Point b, Clause 2 as follows:

“b/ To formulate and submit mineral strategies to the Prime Minister for approval; formulate and submit master plans on geological baseline surveys of minerals to the Prime Minister for approval in accordance with the planning law;”;

b/ To amend and supplement Clause 3 as follows:

“3. Related ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of minerals, and coordinate with the Ministry of Natural Resources and Environment in performing the state management of minerals.

The Ministry of Industry and Trade shall formulate master plans on exploration, mining, processing and utilization of minerals and master plans on exploration, mining, processing and utilization of radioactive ores, and submit them to the Prime Minister for approval in accordance with the planning law.

The Ministry of Construction shall formulate master plans on exploration, mining, processing and utilization of minerals for use as construction materials, and submit them to the Prime Minister for approval in accordance with the planning law.”.

14. To amend and supplement Point c, Clause 1, Article 81 as follows:

“c/ To determine contents of plans on protection, exploration, exploitation and utilization of minerals in provincial master plans and submit them to competent state agencies for approval;

15.To annul Articles 10, 12 and 15.

Article 9.To amend and supplement a number of articles of the Law on Hydro-Meteorology

1. To amend and supplement Article 11 as follows:

“Article 11. Master plan on the national hydro-meteorological station network

1. The master plan on the national hydro-meteorological station network is a national sectoral master plan.

2. The formulation of a master plan on the national hydro-meteorological station network must comply with the planning law and the following principles:

a/ Ensuring that the monitoring on the network can reflect spatial and temporal developments of hydro-meteorological factors to be monitored, meet the purpose of exploitation and use of hydro-meteorological information and data, ensure the national background dataset on weather and climate, hydro-meteorological forecasting and warning, identification, assessment and zoning of hydro-meteorological disaster risks, monitoring and supervision of hydro-meteorological disaster risks, climate change, and ensure national defense and security and socio-economic development;

b/ Ensuring the consistency and synchronicity, and enabling the sharing of data among monitoring networks and ensuring effective and economical use of the state budget.

3. Grounds for the formulation of a master plan on the national hydro-meteorological station network include the grounds prescribed by the planning law and the following grounds:

a/ The national climate change strategy; national strategy on natural disaster prevention and control; national water resource strategy; national strategy on development of information technology and communications; national land use master plan; national marine space master plan; information and communications infrastructure master plan, and other relevant strategies and plans;

b/ Implementation results of the previous development strategy of the hydro-meteorological sector, national climate change strategy, and master plan on the national hydro-meteorological station network; results of identification, assessment and zoning of hydro-meteorological disaster risks and the demand for exploitation and use of hydro-meteorological information and data for other related sectors, fields and localities;

c/ Scientific and technological advances in hydro-meteorological monitoring and measurement, information transmission, hydro-meteorological forecasting and warning, and climate change monitoring.

4. The period, contents and adjustment of the master plan on the national hydro-meteorological station networks must comply with the planning law.

5. The Ministry of Natural Resources and Environment shall formulate the master plan of the national hydro-meteorological station network and submit it to the Prime Minister for approval in accordance with the planning law.”.

2. To add the following Point dd to Clause 5, Article 32:

“dd/ Serving the formulation of master plans in accordance with the planning law.”.

3. To amend and supplement Point dd, Clause 2, Article 52 as follows:

d/ The Minister of Information and Communications shall assume the prime responsibility for, and coordinate with the Minister of Natural Resources and Environment in, planning and prioritizing allocation of frequencies to serve hydro-meteorological and climate change monitoring work in accordance with this Law and the law on radio frequency; formulating strategies on synchronous development of telecommunications infrastructure and information technology and master plans on information and communications infrastructure serving hydro-meteorological activities; directing the publication of hydro-meteorological and climate change monitoring information and data in the mass media in accordance with this Law and the press law;”.

Article 10.To amend and supplement a number of articles of the Law on Biodiversity

1. To add the following Clause 31 to Article 3:

“31.Overallmaster plan on biodiversity conservationmeans a national sectoral master plan on spatial arrangement and distribution for areas of high biodiversity, important ecological landscapes, biodiversity corridors, nature reserves and biodiversity conservation facilities in an identified territory, aiming to conserve the nature and biodiversity and reach sustainable development goals in a given period of time.”.

2. To amend and supplement Article 8 as follows:

“Article 8. Grounds for formulation and period of the overall master plans on biodiversity conservation

1. Grounds for the formulation of an overall master plan on biodiversity conservation include the grounds prescribed by the planning law and the following grounds:

a/ The environmental protection strategy and biodiversity conservation strategy in the same period;

b/ The environmental protection master plan;

c/ Results of the implementation of the previous overall master plan on biodiversity conservation; the current state and developments of biodiversity; the current state and demands for biodiversity exploitation and use needs.

2. The period of an overall master plan on biodiversity conservation is 10 years, with a vision of 30-50 years.”.

3. To amend and supplement Article 10 as follows:

“Article 10. Formulation, approval and adjustment of overall master plans on biodiversity conservation, and biodiversity conservation contents of provincial master plans

1. The Ministry of Natural Resources and Environment shall formulate and adjust overall master plans on biodiversity conservation and submit it to the Prime Minister for approval in accordance with the planning law, and guide provinces and centrally run cities to compile biodiversity conservation contents of provincial master plans.

2. Provincial-level People’s Committee shall compile biodiversity conservation contents of provincial master plans in accordance with the planning law.”.

4. To amend and supplement Article 11 as follows:

“Article 11. Publicization and provision of information on, and implementation and assessment of, overall master plan on biodiversity conservation and biodiversity conservation contents in provincial master plans

The publicization and provision of information on, and implementation and assessment of overall master plans on biodiversity conservation and biodiversity conservation contents of provincial master plans must comply with the planning law.”.

5.To replace the phrase “biodiversity conservation master plans of provinces and centrally run cities” in Clause 3 of Article 18, Clause 3 of Article 19, Clause 3 of Article 20, and Clause 1 of Article 24 with the phrase “biodiversity conservation contents of provincial master plans”.

6.To annul Article 9 and Section 2 of Chapter II.

Article 11.To amend and supplement a number of articles of the Law on Marine and Island Resources and Environment

1. To amend and supplement a number of clauses of Article 3 as follows:

a/ To amend and supplement Clause 5 as follows:

“5.National master plan on use of maritime zonesis a part of the content of the national marine space master planand must be implemented in accordance with the planning law.”;

b/ To amend and supplement Clause 7 as follows:

“7.Master plan on sustainable exploitation and use of coastal resourcesis a national sectoral master plan that concretizes the national overall master plan and national marine space master plan and sets orientations and spatial organization for natural resource exploitation and use and environmental protection in coastal zones.”.

2. To amend and supplement Article 26 as follows:

“Article 26. Principles and grounds for formulation of master plans on sustainable exploitation and use of coastal resources

1. The formulation of a master plan on sustainable exploitation and use of coastal resources must comply with the planning law and the following principles:

a/ Ensuring conformity to the strategy on sustainable exploitation and use of marine and island resources and protection of the marine and island environment and the national marine space master plan; and linkage with master plans on exploitation and use of natural resources in coastal zones and sectoral master plans with the planning scope covering coastal zones;

b/ Ensuring the harmony in natural resource exploitation and use, environmental protection and sustainable development in coastal zones; and protection of national sovereignty and assurance of national defense and security;

c/ Ensuring the people’s right of access to the sea.

2. Grounds for the formulation of a master plan on sustainable exploitation and use of coastal resources include the grounds prescribed by the planning law and the following grounds:

a/ Natural and socio-economic conditions and specific characteristics of each coastal area, potential of natural resources and current environmental conditions in coastal zones; and forecasted impacts of climate change and sea level rise;

b/ Results of baseline surveys of natural resources and environment in coastal zones; statistics of coastal resources;

c/ Demand for natural resource exploitation and use and requirements on environmental protection in coastal zones;

d/ Results of the implementation of the previous master plan on sustainable exploitation and use of coastal resources.”.

3. To amend and supplement Article 27 as follows:

“Article 27. Scope and period of the master plan on sustainable exploitation and use of coastal resources

1. The master plan on sustainable exploitation and use of coastal resources shall be formulated for all coastal zones nationwide.

2. The planning period of the master plan on sustainable exploitation and use of coastal resources is 10 years, with a vision of 30 years.”.

4. To amend and supplement Clause 1, Article 28 as follows:

“1. The adjustment of a master plan on sustainable exploitation and use of coastal resources must comply with the planning law.”.

5. To amend and supplement Article 29 as follows:

“Article 29.Formulation and approval of the master plan on sustainable exploitation and use of coastal resources

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees of coastal localities in, formulating the master plan on sustainable exploitation and use of coastal resources, and submitting it to the Government for approval in accordance with the planning law.”.

6. To amend and supplement Article 30 as follows:

“Article 30. Collection of opinions on and publicization of the master plan on sustainable exploitation and use of coastal resources

The collection of opinions on and publicization of the master plan on sustainable exploitation and use of coastal resources must comply with the planning law.”.

7. To amend and supplement Article 31 as follows:

“Article 31. Organization of implementation of the master plan on sustainable exploitation and use of coastal resources

The organization of implementation of the master plan on sustainable exploitation and use of coastal resources must comply with the planning law.”.

8.To amend and supplement Article 32 as follows:

“Article 32. Relation between the master plan on sustainable exploitation and use of coastal resources and national sectoral master plans, regional master plans and provincial master plans

1. In case a national sectoral master plan, regional master plan or provincial master plan has contents relating to exploitation and use of coastal resources which are contrary to the approved master plan on sustainable exploitation and use of coastal resources, such master plan must be adjusted and implemented in accordance with the national marine space master plan, national land use master plan and national overall master plan.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees of coastal localities shall, within the ambit of their tasks and powers, review and propose amendments and supplements to national sectoral master plans, regional master plans and provincial master plans with contents relating to exploitation and use of coastal resources in the principles prescribed in Clause 1 of this Article.”.

9.To amend and supplement Clause 3, Article 57 as follows:

“3. Sea areas reserved for dumping materials and substances must comply with the national marine space master plan and the master plan on sustainable exploitation and use of coastal resources.”.

10.To amend and supplement Point b, Clause 2, Article 73 as follows:

“b/ To formulate and submit to the Government for approval, and organize the implementation of, the strategy on sustainable exploitation and use of marine and island resources and protection of the marine and island environment; formulate, submit to the Government for approval, and organize the implementation of, the master plan on sustainable exploitation and use of coastal resources, programs on integrated management of coastal resources in inter-provincial regions;”.

11.To replace the phrase “master plans and plans on use of maritime zones” in Clause 1 of Article 5, Clause 2 of Article 8, Clause 1 of Article 39, Point g, Clause 1 of Article 68, Point b, Clause 1 of Article 74, and Point b, Clause 2 of Article 76 with the phrase “national marine space master plans and plans on use of maritime zones”.

12.To annul Clause 3, Article 79.

Article 12.To amend and supplement a number of articles of the Law on Plant Protection and Quarantine

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

“b/ To formulate, and direct the implementation of, strategies and plans on plant protection and quarantine;”.

2. To amend and supplement Point a, Clause 1 of Article 8 as follows:

“a/ To promulgate according to their competence or submit to competent authorities for promulgation legal documents on plant protection and quarantine; to establish harmful organism-free areas in their localities;”.

Article 13.To amend and supplement a number of articles of the Law on Dikes

1. To amend and supplement Clause 3, Article 5 as follows:

“3. Complying with approved master plans on natural disaster prevention and control and irrigation, flood prevention and control of diked rivers and dikes; ensuring systematism, uniformity, synchronism and flood drainage capacity of all rivers; synchronously combining overall solutions regarding the planting and protection of headwater forests, construction of upstream reservoirs, removal of obstacles, dredging of rivers for flow clearance, and flood diversion and slowing.”.

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

“2. To encourage and create conditions for domestic and foreign organizations and individuals to invest in research and application of advanced sciences and technologies in combination with traditional measures to the construction, maintenance, upgrading, solidification and protection of dikes, then proceed to apply active measures in planning activities.”

3. To amend and supplement Article 8 as follows:

“Article 8. Principles and grounds for the formulation of master plans on flood prevention and control of diked rivers

1. The formulation of master plans on flood prevention and control of diked rivers must comply with basic principles for planning activities in accordance with the planning law and the following principles:

a/ Being consistent with national master plans; national defense and security objectives; national strategies for natural disaster prevention and control; and master plans on natural disaster prevention and control and irrigation;

b/ Ensuring water drainage at design floods and historical floods;

c/ Ensuring the suitability to each region or zone nationwide and continuity of master plans on flood prevention and control of diked rivers.

2. Grounds for the formulation of master plans on flood prevention and control of diked rivers include:

a/ Long-term flood forecasts;

b/ Natural and socio-economic conditions;

c/ Current status of dike systems;

d/ National master plans, national land use master plans, natural disaster prevention and control and irrigation master plans, and other relevant master plans.”.

4. To amend and supplement Article 9 as follows:

“Article 9. Contents of master plans on flood prevention and control of diked rivers

A master plan on flood prevention and control of diked rivers means a technical and specialized master plan formulated for inter-provincial river systems and having the following principal contents:

1. Determination of flood prevention and control orientations, objectives and technical norms of river systems so as to formulate and implement the master plan;

2. Determination of the design flood of rivers, including the design flood flow and design flood level;

3. Determination of technical solutions of the master plan:

a/ Construction of upstream reservoirs;

b/ Planting of headwater protection forests and dike protection breakwater trees;

c/ Construction and maintenance of dikes;

d/ Identification of flood-diverting or -slowing zones, capability to divert flood into other rivers;

dd/ Clearing of river flows;

e/ Dike management and maintenance.

4. To anticipate environmental impacts of the master plan and propose measures to minimize adverse impacts on the environment;

5. Measures to organize the implementation of the master plan.”.

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

“1. Master plans on flood prevention and control of diked rivers must be reviewed once every 5 years or upon the occurrence of changes caused by natural disasters or changes in national master plans, national defense and security objectives, national strategies for natural disaster prevention and control and master plans on natural disaster prevention and control and irrigation.”.

6. To amend and supplement Article 12 as follows:

“Article 12. Competence to formulate, approve and adjust master plans on flood prevention and control of diked rivers

1. The Ministry of Agriculture and Rural Development shall formulate and adjust master plans on flood prevention and control of diked rivers for submission to the Prime Minister for approval.

2. The Government shall detail the formulation, appraisal, approval and adjustment of master plans on flood prevention and control of diked rivers.”

7. To amend and supplement Article 13 as follows:

“Article 13. Publicization and implementation of master plans on flood prevention and control of diked rivers

1. The Ministry of Agriculture and Rural Development shall publicize the master plan or adjustments to a master plan on flood prevention and control of diked rivers within 15 days after it is or they are approved. The form of publication must comply with the planning law.

2. The implementation of a master plan on flood prevention and control of diked rivers is prescribed as follows:

a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with ministerial-level agencies and provincial-level People’s Committees in, implementing the master plan;

b/ Provincial-level People’s Committees shall formulate and review contents of the master plan regarding diked rivers under their management in provincial master plans in accordance with the planning law;

c/ Based on the master plan approved by the competent state agency, relevant ministries, ministerial-level agencies and provincial-level People’s Committees shall direct and coordinate with one another in the implementation thereof.

8. To add Article 13a above Article 14 in Section 2, Chapter II as follows:

“Article 13a. Dike master plans

A dike master plan is a technical and specialized master plan which concretizes a national-level master plan or regional master plan and is formulated for a dike system relating to 2 provinces or more.”

9. To amend and supplement a number of clauses and points of Article 14 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The formulation of dike master plans must comply with the fundamental principles of planning activities prescribed by the planning law and the following principles:

a/ Dike master plans must be in line with national master plans; national defense and security objectives; national strategies for natural disaster prevention and control; natural disaster prevention and control and irrigation master plans; regional master plans; master plans on flood prevention and control of diked rivers; and ensure the uniformity in the dike system and continuity of dike master plans;

b/ Sea dikes must ensure the control of storms and sea level rise according to technical regulations on sea dike designs and cover also the areas for planting of breakwater trees;

c/ River dikes must ensure safety corresponding to design flood level and include measures to ensure dike safety upon the occurrence of historic floods; and ensure the coordination among localities in the same river basin and must not affect master plans on flood prevention and control of diked rivers and the entire river system.”

b/ To amend and supplement Points b and c of Clause 2 as follows:

“b/ The national strategy for natural disaster prevention and control;

c/ Master plans on natural disaster prevention and control and irrigation; master plans on flood prevention and control  of diked rivers;”.

10. To amend and supplement Clause 1, Article 16 as follows:

“1. Dike master plans shall be reviewed once every 5 years or upon the occurrence of changes caused by natural disasters, changes in national master plans, national defense and security objectives, master plans on natural disaster prevention and control and irrigation, regional master plans, and master plans on flood prevention and control of diked rivers.”

11. To amend and supplement Article 17 as follows:

“Article 17. Competence to formulate, approve and adjust dike master plans

1. The Ministry of Agriculture and Rural Development shall formulate and adjust dike master plans and submit them to the Prime Minister for approval.

2. The Government shall detail the formulation, appraisal, approval and adjustment of dike master plans.”

12. To amend and supplement Article 19 as follows:

“Article 19. Publicization and implementation of dike master plans

1. The Ministry of Agriculture and Rural Development shall publicize the dike master plan or adjustments to a dike master plan within 15 days after it is or they are approved. The method of publicization of master plan must comply with the planning law.

2. The implementation of a dike master plan is prescribed as follows:

a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the implementation of the master plan;

b/ Provincial-level People’s Committees shall formulate and review contents of dike system development plans in provincial master plans in accordance with the planning law; direct the planting of construction limit and dike protection scope markers.”

13. To amend and supplement Point b, Clause 3 of Article 26 as follows:

“b/ Complying with master plans on natural disaster prevention and control and irrigation, master plans on flood prevention and control of diked rivers, dike master plans, regional master plans, district-level land use master plans, and construction master plans approved by competent state agencies;”.

14. To amend and supplement Clause 1, Article 27 as follows:

“1. Based on master plans on flood prevention and control  of diked rivers and provincial-level master plans approved by competent state agencies, provincial-level People’s Committees shall organize the formulation and adjustment of district-level land use master plans and construction master plans related to dike protection areas and river stretches for submission to competent authorities for approval or approval according to their competence.”

15. To amend and supplement a number of provisions of Article 42 as follows:

a/ To amend and supplement Point a, Clause 2 as follows:

“a/ To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, organizing the formulation and implementation of master plans on natural disaster prevention and control and irrigation, master plans on flood prevention and control  of diked rivers, dike master plans, plans on investment in construction, repair, upgrading, solidification, protection and use of dikes and dike maintenance;”.

b/ To amend and supplement Point a, Clause 3 as follows:

“a/ To organize the making of meteo-hydrological forecasts; to direct and guide the formulation of master plans on use of land in dike protection corridors, dike protection embankments, dike culverts and river stretches in accordance with this Law, planning law and land law;”

c/ To amend and supplement Point a, Clause 5 as follows:

“a/ Planning inland waterway infrastructure facilities and building river bridges to ensure river flood drainage, waterway navigation works and the renovation of dikes for use as roads;”.

16. To amend and supplement a number of provisions of Article 43 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ To formulate contents of dike system development plans, planson flood prevention and control of diked rivers in provincial master plans; organize the construction, repair, upgrading and solidification of dikes, to manage and ensure safety for dikes in their localities in accordance with dike master plans, master plans on flood prevention and control of diked rivers and provincial master plans; to ensure the uniformity of the dike system nationwide;”.

b/ To amend and supplement Point b, Clause 2 as follows:

“b/ To direct commune-level People’s Committees to coordinate with concerned agencies in implementing dike system development plans, plans on flood prevention and control of diked rivers in districts in provincial master plans and plans on investment in the construction, repair, upgrading, solidification, protection, use and maintenance of dikes;”.

17. To annul Clause 2 of Article 11 and Article 18.

Article 14.To amend and supplement a number of articles of the Law on Hydraulic Work

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

“a/ In the formulation of master plans on hydraulic work and hydraulic work construction investment, to propose and select solutions regarding water-generating sources, water resource creation, water loss control, on-spot water use, water reuse and connection of inter-regional hydraulic work system;”.

2. To amend and supplement Article 11 as follows:

“Article 11. Master plans on hydraulic work

1. Master plans on hydraulic work means technical and specialized master plans which concretize national-level master plans and regional master plans and serve as a basis for construction investment, management, exploitation and protection of hydraulic works.

2. Master plans on hydraulic work include:

a/ Master plans on hydraulic works in inter-provincial river basins;

b/ Master plans on hydraulic works in systems related to 2 or more provinces.

3. A master plan on hydraulic works systems related to 2 or more provinces must conform to a master plan on hydraulic works in an inter-provincial river basin.

4. A master plan on hydraulic works shall be formulated for every 10 years, with a vision of between 30 years and 50 years and reviewed every 5 years.

5. A master plan on hydraulic works shall be adjusted when there are adjustments to a socio-economic development, national defense and security or hydraulic work strategy, national master plan, natural disaster prevention and control, irrigation, water resource or regional master plan  or major changes occur affecting the main goals of the master plan.”.

3. To amend and supplement Article 12 as follows:

“Article 12. Principles of making hydraulic work master plans

The formulation of a hydraulic work master plan must comply with the fundamental principles of planning activities prescribed by the planning law and the following principles:

1. Conforming to hydraulic work strategies, national master plans, master plans on natural disaster prevention and control and irrigation, water resource master plans, regional master plans, and socio-economic development and national defense and security plans;

2. Being aligned with national master plans on infrastructure and related master plans;

3. Ensuring the integrated management of water resources in river basins and hydraulic work systems; adaptation to impacts of climate change and socio-economic development in river basins; and sustainable development;

4. Serving multiple purposes, ensuring harmony between the exploitation and protection of natural resources and the environment and natural disaster prevention and control; attaching importance to the supply of water for islands, coastal, border and mountainous areas, and areas surrounding hydropower reservoirs;

5. Balancing water resources nationwide and in regions, river basins, hydraulic works systems and administrative units; transferring water from areas with water surplus to areas with water shortage; to store water in rainy seasons for dry seasons and in years with abundant water for years with little water.”

4. To amend and supplement Article 13 as follows:

“Article 13. Contents of hydraulic work master plans

1. A hydraulic work master plan must put forth development orientations, spatial arrangement and hydraulic work resource distribution within its scope.

2. A hydraulic work master plan for an inter-provincial river basin must have the following principal contents:

a/Analysis and assessment of natural conditions and water sources; socio-economic conditions; resources; assessment of the current state of hydraulic works; and results of the implementation of the preceding period’s hydraulic work  master plan;

b/ Forecast of development trends and scenarios and water sources in the context of impacts of climate change and natural disasters; forecast of scientific and technological advances and resources that may have direct affects on hydraulic works;

c/ Assessment of sectoral and regional links; identification of socio-economic development and environmental protection requirements for hydraulic works; opportunities for and challenges to hydraulic work development;

d/ Determination of viewpoints and objectives for hydraulic work development in river basins;

dd/ Analysis, estimation and formulation of hydraulic work plans according to development scenarios in river basin; assurance of water source creation, storage, control, regulation and distribution and mitigation of risks of drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, and water source contamination and depletion and other water-related disasters in river basins;

e/ Proposal of solutions and lists of works and projects and the order of priority;

g/ Orientations on land use needs for construction, renovation and upgrading of hydraulic works; land use needs for storing materials from the canal dredging and expansion;

h/ Solutions and resources for the master plan implementation;

i/ System of diagrams and maps of the master plan.

3. A hydraulic work master plan for a hydraulic work system related to 2 or more provinces must have the following principal contents:

a/Analysis and assessment of natural conditions and water sources; socio-economic conditions; resources; assessment of the current state of hydraulic works; and results of the implementation of the preceding period’s hydraulic work master plan;

b/ Forecast of development trends and scenarios and water sources in the context of impacts of climate change and natural disasters; forecast of scientific and technological advances and resources that may have direct effects on hydraulic works;

c/ Assessment of sectoral and regional links; identification of socio-economic development requirements for hydraulic works; opportunities for and challenges to hydraulic work development within the hydraulic work system;

d/ Determination of viewpoints and objectives for hydraulic work development within the hydraulic works system;

dd/ Analysis, estimation and formulation of hydraulic work plans according to development scenarios; determination of hydraulic solutions for each type of objects within the hydraulic work system; formulation of plans on coordinated operation of  hydraulic works within the hydraulic work system; assurance of water source creation, storage, control, regulation and distribution and minimization of risks of drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, and water source contamination and depletion and other water-related disasters within the hydraulic works system;

e/ Proposal of solutions and lists of works and projects and the order of priority;

g/ Orientations on land use needs for construction, renovation and upgrading of hydraulic works; demand for land areas for use as storages of materials serving the canal dredging and expansion;

h/ Solutions and resources for the master plan implementation;

i/ System of diagrams and maps of the master plan.”

5. To amend and supplement Article 14 as follows:

“Article 14. Formulation, approval, adjustment, publicization, management and implementation of hydraulic work master plans

1. The Ministry of Agriculture and Rural Development shall organize the formulation and adjustment of hydraulic work master plans for submission to the Prime Minister for approval.

2. A hydraulic work master plan shall be announced, managed and implemented as follows:

a/ The Ministry of Agriculture and Rural Development shall publicize the master plan or adjusted master plan in accordance with the planning law within 15 days after it is approved. The contents of the master plan shall be made accessible to the public throughout the planning period;

b/ The Ministry of Agriculture and Rural Development shall manage and organize the implementation of the master plan;

c/ Provincial-level People’s Committees shall formulate contents of hydraulic work development plans in provincial master plans in accordance with the planning law and organize the implementation of the master plan;

d/ Organizations and individuals shall be assisted in supervising the implementation of the master plan.

3. The Government shall detail the formulation, appraisal, approval and adjustment of hydraulic work master plans.”

6. To amend and supplement Point a, Clause 2 of Article 56 as follows:

“a/ To promulgate according to its competence, or propose competent state agencies to promulgate and organize the implementation of, strategies, master plans, policies and legal documents on hydraulic work; organize the formulation, adjustment, publicization, management, and implementation of master plans on natural disaster prevention and control and irrigation and hydraulic work master plans;”.

7. To amend and supplement a number of provisions of Article 57 as follows:

a/ To amend and supplement Point b, Clause 1 as follows:

“b/ Organize the formulation of contents on hydraulic work development plans in provincial master plans; approve, and organize the implementation of, hydraulic work construction plans and investment projects under master plans approved by competent authorities;”

b/ To amend and supplement Point b, Clause 2 as follows:

“b/ Organize the implementation of hydraulic work development plans under master plans approved by competent authorities;”

Article 15.To amend and supplement a number of articles of the Law on Atomic Energy

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

“1. The National Council for Atomic Energy Development and Application is a body functioning to advise the Prime Minister on strategies, policies and plans on atomic energy development and application for peaceful purposes and assist the Prime Minister in directing and solving important and inter-sectoral issues in the field of atomic energy.”

2. To amend and supplement Article 13 as follows:

“Article 13. Master plans on atomic energy development and application

1. A master plan on atomic energy development and application means a technical and specialized master plan formulated in line with the socio-economic development strategy, strategy for application of atomic energy for peaceful purposes, and relevant national sectoral master plans and setting forth basic and long-term orientations and general objectives of the development and application of atomic energy for peaceful purposes.

2. Contents of a master plan on atomic energy development and application include viewpoints on atomic energy development and application; overall objectives and general targets of atomic energy development and application for radiation and radioactive isotope development and application, development of nuclear power, exploration, exploitation, processing and use of radioactive ores; specific objectives of atomic energy development and application to health care, meteorology, hydrology, geology, minerals, environmental protection, agriculture, industry and other techno-economic sectors; orientations for development of research, application and training establishments; and implementation measures and resources.

3. 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, other ministries, ministerial-level agencies and relevant provincial-level People’s Committees in, formulating master plans on atomic energy development and application for submission to the Prime Minister for approval; organize, guide, monitor and examine the implementation of approved master plans on atomic energy development and application.

4. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of master plans on atomic energy development and application.”

3. To add Article 13a below Article 13 as follows:

“Article 13a. Master plans on nuclear power development

1. A master plan on nuclear power development means a technical and specialized master plan formulated in line with the national energy master plan, master plan on atomic energy development and application and relevant master plans in accordance with the planning law and setting forth long-term orientations and specific objectives of nuclear power development.

2. Contents of a master plan on nuclear power development include development viewpoints, objectives, targets, principal tasks, implementation measures and appraised strategic environment assessments.

3. Ministries and ministerial-level agencies shall organize the formulation of nuclear power development master plans for submission to the Prime Minister for approval.

4. The Government shall detail the formulation, appraisal, approval, publicization, implementation, assessment and adjustment of nuclear power development master plans.

4. To amend and supplement Article 14 as follows:

“Article 14. Master plans on exploration, exploitation, processing and use of radioactive ores

1. A master plan on exploration, exploitation, processing and use of radioactive ores means a national sectorial master plan, setting forth long-term orientations and specific objectives for exploration, exploitation, processing and use of radioactive ores.

2. The Ministry of Industry and Trade shall formulate master plans on exploration, exploitation, processing and use of radioactive ores for submission to the Prime Minister for approval in accordance with the planning law, law on minerals and law on atomic energy.”

5. To amend and supplement Article 15 as follows:

“Article 15. Adjustment of master plans on atomic energy development and application and master plans on nuclear electric power development

Master plans on atomic energy development and application and master plans on nuclear electric power development shall be adjusted when the objectives of the socio-economic development strategies and plans, sectoral strategies and relevant master plans are adjusted in accordance with the planning law.”.

6. To add Clause 8a below Clause 8, Article 25 as follows:

“8a. Locations of the national radioactive waste repository and radioactive waste landfills shall be determined in environment protection master plans, regional master plans and other relevant master plans in accordance with the planning law, law on environmental protection and law on atomic energy.”.

Article 16.To amend and supplement a number of articles of the Law on Measurement

1. To amend and supplement a number of clauses of Article 12 as follow:

a/ To amend and supplement Clause 2 as follows:

“2. National standards must be established under the plan on development of national standards.”;

b/ To amend and supplement Clause 5 as follows:

“5. The Prime Minister shall approve plans on development of national standards.”.

2. To amend and supplement Clause 1, Article 41 as follows:

“1. To give consultancy and counter-arguments on and participate in the formulation of legal documents, schemes and projects  on measurement development in accordance with law.”

3. To amend and supplement Clause 1, Article 54 as follows:

“1. To assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, promulgating according to its competence, or submitting to competent state agencies for promulgation and organizing the implementation of, policies and plans on development of national standards and legal documents on measurement.”.

4. To amend and supplement Point a, Clause 1, Article 55 as follows:

“a/ To participate in formulating, and organizing the implementation of, policies and legal documents on measurement and plans on development of national standards;”.

5. To amend and supplement Points a and b, Clause 2, Article 56 as follows:

“a/ To propose, formulate and submit to competent state agencies for promulgation legal documents on measurements; and to formulate measurement plans;

b/ To implement legal documents and plans on measurement;”.

Article 17.To amend and supplement a number of articles of the Law on Standards and Technical Regulations

1. To amend and supplement Article 14 as follows:

“Article 14. Plans on formulation of national standards

1. Plans on formulation of national standards include five-year plans and annual plans which are formulated on the following grounds:

a/ Harmony with international standards in accordance with treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party;

b/ Socio-economic development requirements;

c/ Recommendations of organizations and individuals.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and government-attached agencies in, formulating plans on formulation of national standards and publicize them for public comment before they are approved.

The Minister of Science and Technology shall approve plans on formulation of national standards and publicize them within 30 days after they are approved.

3. In case of necessity, plans on formulation of national standards may be revised under decisions of the Minister of Science and Technology. The revision of plans on formulation of national standards must comply with Clause 2 of this Article.”

2. To remove the words “master plan” from Clause 1 of Article 15; Point a, Clause 3 of Article 16; Article 29; Clause, Article 31; Point a, Clause 2 of Article 59; Points b and c, Clause 1, and Points b and d, Clause 2 of Article 60.

Article 18.To amend and supplement a number of articles of the Law on Cyber Information Security

1. To amend and supplement Clause 1 of Article 51 as follows:

“1. Formulating strategies, plans and policies on cyber information security; formulating and directing the implementation of, the national program on cyber information security; formulating infrastructure development plans to ensure cyber information security in information and communications infrastructure master plans and other relevant master plans in accordance with the planning law.”

2. To amend and supplement Point a, Clause 2, Article 52 as follows:

“a/ To promulgate or formulate and submit to competent authorities for promulgation legal documents, strategies, plans, national standards and national technical regulations on cyber information security; formulate infrastructure development plans to ensure cyber information security in information and communications infrastructure master plans and other relevant master plans in accordance with the planning law;”.

3. To remove words “master plan” from Point a, Clause 1 of Article 42 and Point a, Clause 3 of Article 52.

Article 19.To amend and supplement a number of articles of the Publication Law

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

“a/ Formulating and implementing publication development strategies, plans and policies; formulating contents of publishing establishment development plans within the master plan on development of the network of press, radio, television, e-information and publishing establishments, regional master plans and provincial master plans in accordance with the planning law; promulgating according to its competence legal documents on publication activities and copyright in publication activities;”.

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

“1. The State shall adopt strategies to develop the network of publishing houses and publication printing and distribution establishments; and publishing establishment development plans within the master plan on development of the network of press, radio, television, e-information and publishing establishments, regional master plans and provincial master plans; support human resource training and adopt tax incentives in accordance with law for publication activities; and adopt policies to attract social resources for publication activities.”.

3. To amend and supplement Clause 4, Article 13 as follows:

“4. Being in line with the State’s strategies, plans and policies on development of publishing activities.”

4. To amend and supplement Point d, Clause 1, Article 32 as follows:

“d/ Being in line with the master plan on development of the network of press, radio, television, e-information and publishing establishments, and relevant master plans in accordance with the planning law.”

Article 20.To amend and supplement a number of articles of the Press Law

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

“1. Adoption of a strategy for development and management of the press system, plans on development of press establishments within the master plan on development of the network of press, radio, television, e-information and publishing establishments, regional master plans and provincial master plans.”

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

“1. Formulating, and directing and organizing the implementation of, strategies and plans on development of the press; formulating plans on development of press establishments within the master plans on development of the network of press, radio, television, e-information and publishing establishments, regional master plans and provincial master plans.”

3. To amend and supplement Point c, Clause 2, Article 8 as follows:

“c/ To contribute opinions on the formulation of strategies, plans and policies on development of the press, plans on development of press establishments within the master plan on development of the network of press, radio, television, e-information and publishing establishments, and of legal documents on the press;”

4. To amend and supplement Clause 5, Article 17 as follows:

“5. Conforming to the master plan on development of the network of press, radio, television, e-information and publishing establishment approved by the Prime Minister.”

5. To amend and supplement Clause 1, Article 33 as follows:

“1. Permits for editing foreign program channels on pay radio and television services shall be granted for every channel in line with the State’s strategies, plans and policies on development and management of the press nationwide.”

6. To amend and supplement a number of provisions of Article 51 as follows:

a/ To amend and supplement Point b, Clause 2 as follows:

“b/ Conforming to the State’s strategies, plans and policies on the press, transmission, radio and television broadcasting, and development of radio and television services;”

b/ To amend and supplement Point b, Clause 3 as follows:

“b/ Having a service provision plan in line with the State’s strategies, plans and policies on development of transmission and radio and television broadcasting services;”.

Article 21.To amend and supplement Clause 3, Article 8 of the Law on National Defense and Security Education

To amend and supplement Clause 3, Article 8 as follows:

“3. The master plan on the system of national defense and security education centers must conform with the master plan on the network of higher education and teacher training institutions, meeting the requirements of national defense and security education for different entities.”.

Article 22.To amend and supplement a number of articles of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises

1. To amend and supplement Clause 2, Article 5 as follows:

“2. To conform with socio-economic development strategies and plans and national sectoral master plans.”.

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

“2. To formulate enterprise development investment strategies in conformity with socio-economic development strategies and plans and national sectoral master plans.”.

3. To amend and supplement Point d, Clause 1, Article 12 as follows:

“d/ Assessment of socio-economic impacts of the establishment of the enterprise against relevant types of master plans prescribed by the planning law and strategies on development of sectors, fields and economic zones;”.

4. To amend and supplement Clause 2, Article 19 as follows:

“2. The investment of state capital to purchase part or the whole of an enterprise under Clause 1 of this Article must conform with socio-economic development strategies and plans and national sectoral master plans in each period.”.

5. To amend and supplement Clause 1, Article 36 as follows:

“1. Based on the state capital amount invested to establish an enterprise as prescribed in Article 10 of this Law, the Government shall set a roadmap for withdrawal of state capital from such enterprise in conformity with the socio-economic development strategies and plans and national sectoral master plans.”.

Article 23.To amend and supplement a number of articles of the Law on Thrift Practice and Waste Combat

1. To amend and supplement Clause 10, Article 27 as follows:

“10. Licensing the establishment of schools or medical examination and treatment establishments not in conformity with related education or health development strategies and plans, related master plans prescribed by the planning law, and other relevant laws.”.

2. To amend and supplement Clause 1, Article 46 as follows:

“1. Conforming with related master plans prescribed by the planning law, and plans relating to resource exploitation and protection approved by competent authorities.”.

3. To amend and supplement Point a, Clause 1, Article 48 as follows:

“a/ Conform with related master plans prescribed by the planning law and plans on water resources;”.

4. To amend and supplement Point a, Clause 1, Article 49 as follows:

“a/ Conformity with strategies on exploration, exploitation, processing and use of minerals and related master plans prescribed by the planning law;”.

5. To amend and supplement Point a, Clause 1, Article 50 as follows:

“a/ Conformity with strategies on forestry development, forestry master plans, plans on forest development, and related master plans prescribed by the planning law;”.

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

“1. Investment projects for production and business development must strictly comply with related master plans prescribed by the planning law, land use plans, and regulations on protection of landscape and environment promulgated by competent state agencies.”.

7. To abolish the phrase “master plan” in Clauses 1, 3 and 4 of Article 22, and Clauses 5 and 7 of Article 27.

Article 24.To amend and supplement a number of articles of the Customs Law

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

“4. When planning, designing and constructing land border gates, international railway stations, international civil airports; seaports and inland waterway ports where import, export, exit, entry and transit activities are carried out; inland ports of importation or exportation of goods; or economic zones, industrial parks, non-tariff zones and other places where import, export, exit, entry and transit activities are carried out, agencies, organizations or individuals shall arrange places for customs procedure completion and places for storage of imported and exported goods meeting the requirements of customs inspection and supervision in accordance with this Law.”.

 

2. To amend and supplement Clause 1, Article 99 as follows:

“1. Formulating, and directing the implementation of, strategies and plans on development of Vietnam’s customs sector;”.

Article 25.To amend and supplement Clause 2, Article 7 of the Law on Securities

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

“a/ To submit to the Government or Prime Minister for promulgation strategies, plans and policies on development of the securities market;”.

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

“c/ To direct the State Securities Commission in implementing strategies, plans, projects, schemes and policies on development of the securities market as well as policies and regimes for management and supervision of activities related to securities and securities market.”.

Article 26.To amend and supplement a number of articles of the Cinematography Law

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

“6. The Government shall prescribe in detail the implementation of the policies prescribed in this Article.”.

2. To amend and supplement Clause 1, Article 8 as follows:

“1. To formulate, and organize the implementation of, policies, strategies and plans on cinematographic development, and orientations for the development of cinematographic establishments according to the master plan on the network of culture and sports establishments; to promulgate legal documents on cinematographic activities.”.

Article 27.To amend and supplement Clause 2, Article 4 of the Law on Advertising

To amend and supplement Clause 2, Article 4 as follows:

“2. Formulating, and directing the implementation of, strategies, plans and policies on advertising development, and master plans on outdoor advertising.”.

Article 28.To amend and supplement a number of articles of the Construction Law

1. To amend and supplement a number of clauses of Article 3 as follows:

a/ To amend and supplement Clause 25 as follows:

“25.Functional zonesinclude economic zones, industrial parks, export processing zones, hi-tech parks; tourist zones; research and training zones; and physical training and sports zones.”;

b/ To amend and supplement Clause 31 as follows:

“31.Construction planning for inter-district regions or construction planning for district regionsmeans the organization of the system of urban centers, rural areas and functional zones and the system of technical and social infrastructure facilities within the administrative boundaries of an inter-district region or a district of a province, which meets the socio-economic development requirements in each period.”;

c/ To amend and supplement Clause 32 as follows:

“32.Functional zone construction planningmeans the organization of space, architecture and landscape, and the system of technical and social infrastructure facilities within a functional zone prescribed in Clause 25 of this Article. The functional zone construction planning covers a general master plan on construction, a master plan on construction zoning and a detailed master plan on construction.”.

2. To amend and supplement Article 13 as follows:

“Article 13. Construction master plans

1. Construction master plans for inter-district regions, construction master plans for district regions and construction master plans for functional zones are technical and specialized master plans.

2. Master plans of urban centers are included in the national system of master plans, which are of the types prescribed in the Law on Urban Planning.

The formulation, appraisal, approval, adjustment and implementation of master plans of urban centers must comply with the law on urban planning.

3. Master plans of rural areas are included in the national system of master plans, which are of the types prescribed in Clause 2, Article 29 of this Law.

4. Construction master plans shall be formulated based on:

a/ Strategies on socio-economic development, national defense and security; and sectoral development strategies in the same development period;

b/ National-level master plans, regional master plans, provincial master plans;

c/ Master plans for  the previous period;

d/ Technical regulations on construction planning and other relevant regulations;

dd/ Maps, documents and data on actual socio-economic situation and natural conditions of localities.”.

3. To amend and supplement a number of points of Article 14 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ Conforming with the strategies on socio-economic development and sectoral development strategies; conforming with national-level master plans, regional master plans and provincial master plans; maintaining national defense and security to create a motive force for sustainable socio-economic development; and ensuring publicity, transparency, and harmonious combination of the interests of the nation, residential communities and individuals;”;

b/ To amend and supplement Point a, Clause 2 as follows:

“a/ The implementation of construction investment programs and activities and the management of space, architecture and landscape must comply with master plans included in the national system of master plans prescribed by the planning law, and the approved construction master plans, and conform with the mobilized resources;”;

4. To amend and supplement Clause 1, Article 15 as follows:

“1. A construction master plan shall be periodically reviewed and the implementation thereof shall be assessed in order to make timely adjustments suitable to the socio-economic development situation in each period. A periodical review shall be carried out every10 years for construction master plans for inter-district regions or construction master plans for district regions, 5 years for general master plans on construction or master plans for construction zoning, or 3 years for detailed master plans on construction after they are approved.”.

5. To amend and supplement Clause 2, Article 20 as follows:

“2. Conducting field investigations and surveys; collecting maps, documents and data on natural conditions, actual socio-economic situation, and related national-level master plans, regional master plans, and provincial master plans to make construction plans.”.

 


6. To amend and supplement Section 2, Chapter II as follows:

“Section 2

CONSTRUCTION MASTER PLANS FOR INTER-DISTRICT REGIONS AND CONSTRUCTION MASTER PLANS FOR DISTRICT REGIONS

Article 22. Responsibility to organize formulation of construction master plans for inter-district regions or construction master plans for district regions

1. Provincial-level People’s Committees shall organize the formulation of construction planning tasks and plans for inter-district regions of the administrative units under their management.

2. District-level People’s Committees shall organize the formulation of construction planning tasks and plans for district regions.

Article 23. Construction planning tasks and plans for inter-district regions or district regions

1. Construction planning tasks for an inter-district region or a district region cover:

a/  Identifying justifications and bases for the formation of the boundaries of the inter-district region to be included in a relevant master plan;

b/ Identifying development objectives;

c/ Forecasting the population size, technical and social infrastructure demands for each development period;

d/ Identifying requirements on spatial organization for systems of urban centers, rural areas and major functional zones, and systems of technical and social infrastructure facilities in the planned area in each period.

2. The approved construction master plans for inter-district regions or construction master plans for district regions serve as a basis for formulation of master plans of rural areas and investment projects on construction of systems of inter-district or district technical infrastructure facilities.

3. The Government shall prescribe in detail construction planning tasks and plans for inter-district regions and district regions.”.

7. To amend and supplement Article 24 as follows:

“Article 24. Responsibility to formulate construction master plans for functional zones

1. The Ministry of Construction shall organize the formulation of tasks and plans for general master plans for construction of functional zones as assigned by the Prime Minister, adhering to the principle that only one master plan is formulated for each functional zone. For national-level tourist zones, the formulation of construction master plans shall be assigned by the Prime Minister.

2. Provincial-level People’s Committees shall organize the formulation of tasks and plans for general master plans for construction of functional zones, and for construction zoning of functional zones, except the master plans prescribed in Clause 1 of this Article.

3. District-level People’s Committees shall organize the formulation of tasks and plans of detailed master plans for construction of the regions assigned to them for management; construction investment project owners shall organize the formulation of detailed master plans for construction of the regions assigned to them for investment.”.

8. To amend and supplement Point a, Clause 4, Article 33 as follows:

“a/ The conformity of construction planning tasks with the strategies on socio-economic development, national defense, security, environmental protection and response to climate change, national-level master plans, regional master plans, provincial master plans, and land use master plans and plans;”.

9. To amend and supplement Article 34 as follows:

“Article 34. Competence to approve construction planning tasks and construction plans

1. The Prime Minister shall approve the following construction planning tasks and construction plans:

a/ General master plans for construction of economic zones, and general master plans for construction of hi-tech parks;

b/ General master plans for construction of national-level tourist zones, research and training zones, and physical training and sports zones.

2. Provincial-level People’s Committees shall approve the following construction planning tasks and construction plans:

a/ Construction master plans for inter-district regions, and construction master plans for district regions;

b/ General master plans for construction of functional zones, except the master plans prescribed in Clause 1 of this Article;

3. District-level People’s Committees shall approve the planning tasks and construction plans for construction zoning, detailed master plans on construction and master plans of rural areas within the administrative boundaries under their respective management after obtaining the written agreement of construction planning-managing agencies of provincial-level People’s Committees.

4. The People’s Committee of a level that organizes the formulation of a construction master plan shall submit such master plan to the same-level People’s Council for decision before it is considered and approved by a competent state agency.

5. Forms and contents of approval of construction planning tasks and construction plans:

a/ Construction planning tasks and construction plans shall be approved in writing;

b/ The written approval of a construction master plan must include the principal contents of a construction plan as prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law, which is enclosed with a list of approved drawings.”.

10. To amend and supplement Article 35 as follows:

“Article 35. Bases for adjustment of construction master plans

1. A construction master plan for an inter-district region or a district region may be adjusted in one of the following cases:

a/ The targets of socio-economic development strategies and sectoral development strategies are adjusted, which results in the change of the master plan’s targets;

b/ A higher-level master plan is adjusted, which results in the change of the construction master plan’s contents, or the construction master plan is inconsistent with another master plan of the same level;

c/ The administrative boundaries are changed or adjusted, which affects the characteristics or scale of territorial space of the master plan;

d/ Impacts of natural disasters, climate change or war change the targets, orientations, or territorial space organization of the master plan;

dd/ Extraordinary fluctuations of the socio-economic situation reduce resources for the implementation of the master plan;

e/ The development of science and technology basically changes the implementation of the master plan;

g/ It is to meet the requirements on national defense and security maintenance.

2. A construction master plan for functional zones may be adjusted in one of the following cases:

a/ A higher-level master plan is adjusted or the construction master plan is inconsistent with another master plan of the same level;

b/ A key project of national significance is formed, which greatly affects land use, environment, or spatial organization of the functional zones;

c/ The construction master plan is impossible to be implemented or the implementation thereof causes adverse impacts on socio-economic development, national defense, security, social security, cultural-historical relics, or ecological environment, which is identified through the review and assessment of the implementation of the master plan and the collection of community opinions;

d/ Impacts of natural disasters, climate change or war change the targets, orientations, or territorial space organization of the master plan;

dd/ It is to serve the interests of the nation and community.

3. A master plan of rural areas may be adjusted in one of the following cases:

a/ A higher-level master plan is adjusted;

b/ There are changes in natural geographical conditions;

c/ There are changes in administrative boundaries.”.

11. To amend and supplement Clause 2, Article 37 as follows:

“2. The partial adjustment of construction master plans for functional zones may be carried out when the proposed adjustments do not change the characteristics, functions, scale and major planning solutions of the areas subject to planning; and must not cause overload on technical and social infrastructure facilities of the areas subject to the proposed adjustment.”.

12. To amend and supplement Article 39 as follows:

“Article 39. Order of partial adjustment of construction master plans

1. Agencies organizing formulation of construction master plans shall:

a/ Make reports on the contents of, and plans for, the partial adjustment;

b/ Collect opinions of residential communities in the areas subject to the proposed adjustment and directly affected vicinities about the contents of, and plans for, the partial adjustment as prescribed in Articles 16 and 17 of this Law.

2. Competent agencies managing construction master plans prescribed in Article 32 of this Law shall appraise the bases, conditions and contents for partial adjustment of construction master plans.

3. Agencies competent to approve construction master plans shall consider and decide on the partial adjustment of construction master plans based on the opinions of the agencies appraising construction master plans.

A decision on partial adjustment of a construction master plan must state the adjusted contents and be enclosed with drawings.

4. Agencies organizing formulation of construction master plans shall update and demonstrate the adjusted contents in the construction planning dossiers. The contents on partial adjustment of construction master plans shall be publicized according to Articles 40, 41 and 42 of this Law.”.

13. To amend and supplement Clauses 1 and 2 of Article 40 as follows:

“1. A construction plan must be publicized within 15 days after a construction master plan is approved.

2. The to be-publicized contents of a construction master plan include the entire contents of the construction plan and regulations on management based on the promulgated construction plan, except contents related to national defense, security and state secrets.”.

14. To amend and supplement Clause 1, Article 41 as follows:

“1. For construction master plans for inter-district regions or construction master plans for district regions:

a/ Provincial-level People’s Committees shall publicize construction master plans for inter-district regions;

b/ District- or commune-level People’s Committees shall publicize construction master plans for district regions.”.

15. To amend and supplement Clause 1, Article 42 as follows:

“1. An approved construction plan shall be regularly publicized and constantly updated on the websites of the agency organizing formulation of the construction master plan, agency formulating the construction master plan, and state management agency in charge of construction planning, and in the mass media.”.

16. To amend and supplement Article 43 as follows:

“Article 43. Provision of information on construction master plans

1. Information on construction master plans shall be provided in the following forms:

a/ Publicizing construction plan dossiers, posting construction master plans on websites and in the mass media;

b/ Directly explaining construction master plans when so requested by agencies, organizations or individuals;

c/ Providing information in written or electronic form when so requested by agencies, organizations or individuals;

d/ Distributing publications on construction master plans.

2. People’s Committees of all levels shall organize the receipt and processing of requests for provision of information and provide information upon request. Agencies managing construction master plans shall provide information on construction locations, construction boundaries, red-line boundaries, and construction levels, and other information relating to construction master plans when so requested by agencies, organizations or individuals within the scope of the construction plans under their management.

In case of provision of information in written form, within 15 days after receiving a request, the agency managing construction master plans shall provide information.

3. Information providers shall take responsibility before law for the time of information provision and the accuracy of the provided documents and data.”.

17. To amend and supplement Clause 1, Article 51 as follows:

“1. Being in line with national-level master plans, regional master plans, provincial master plans, construction master plans, and land use master plans and plans in the locality where the construction investment project is located.”.

18. To replace:

a/ The phrase “construction master plans of rural areas” in Clause 33 of Article 3, the title of Section 4 of Chapter II, and Article 29 with the phrase “master plans of rural areas”;

b/ The phrase “special functional zone” in Clause 30 of Article 3 at Point dd, Clause 1 of Article 14, and in Clause 3 of Article 18, the title of Section 3 of Chapter II, Articles 25 thru 28, Clause 1 of Article 38, Clauses 2 and 3 of Article 41, Clause 2 of Article 46, Article 47, and Clause 1 of Article 48 with the phrase “functional zone”;

c/ The phrase “of the following levels” in Clause 2, Article 29 with the phrase “of the following types of master plans”.

19. To annul Clause 45 of Article 3, Clause 5 of Article 41, and Article 47.

Article 29.To amend and supplement a number of articles of the Law on Urban Planning

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

“2.New urban centermeans an urban center to be formed in the future in line with the master plan on the system of urban centers and rural areas, which is invested and constructed to step by step satisfy the law-prescribed criteria of urban centers.”.

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

“1. To concretize the master plan on the system of urban centers and rural areas, regional master plans, and provincial master plans; to conform with the strategies on socio-economic development, and national defense and security; to be in line with national-level master plans, regional master plans and provincial master plans; to ensure publicity and transparency and harmonious combination of the interests of the nation, residential communities and individuals.”.

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

“a/ General master plans, which are formulated for centrally run cities, provincial cities, towns, townships and new urban centers;

General master plans of centrally run cities concretize provincial master plans formulated in centrally run cities regarding spatial organization, systems of technical and social infrastructure facilities, and houses for centrally run cities;”.

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

“1. Strategies on socio-economic development, and national defense and security, national-level master plans, regional master plans, provincial master plans, and higher-level technical and specialized master plans already approved.”.

5. To amend and supplement Clauses 2 and 3, Article 41 as follows:

“2. Provincial-level urban planning management agencies shall appraise urban planning tasks and plans to be approved by People’s Committees of the same level.

3. District-level urban planning management agencies shall appraise urban planning tasks and plans to be approved by People’s Committees of the same level.”.

6. To amend and supplement Point a, Clause 1, Article 43 as follows:

“a/ Satisfaction of urban planning tasks with socio-economic development, and national defense and security requirements and their conformity with higher-level master plans;”.

7. To amend and supplement Article 44 as follows:

“Article 44.Competence to approve urban planning tasks and plans

1. The Prime Minister shall approve the following urban planning tasks and plans:

a/ General master plans of centrally run cities, general master plans of provincial cities which are grade-I urban centers, general master plans of new urban centers with a population forecast to be equivalent to that of grade-III or higher-grade urban centers and new urban centers to be included in a relevant master plan related to the administrative boundaries of two or more provinces;

b/ Specialized urban technical infrastructure master plans of centrally run cities which are special-grade urban centers;

c/ General master plans, master plans on construction zoning and detailed master plans of areas of special political, socio-economic, cultural, or historical importance of the nation as prescribed by the Government.

2. People’s Committees of provinces and centrally run cities shall approve the following urban planning tasks and plans:

a/ General master plans of provincial cities, towns, townships and new urban centers, except the master plans of urban centers specified at Point a, Clause 1 of this Article; for general construction plans of grade-II, grade-III and grade-IV urban centers and new urban centers, before being approved, the written agreement of the Ministry of Construction is required;

b/ Specialized urban technical infrastructure master plans of centrally run cities, except the master plans specified at Point b, Clause 1 of this Article, after obtaining the written agreement of the Ministry of Construction;

c/ Master plans on construction zoning of special-grade and grade-I urban centers; master plans on construction zoning and detailed master plans of areas in urban centers within the administrative boundaries of 2 or more rural or urban districts, areas of importance, and areas within new urban centers, except the master plans specified at Point c, Clause 1 of this Article.

3. People’s Committees of provincial cities, towns, and urban districts and People’s Committees of rural districts of centrally run cities shall approve tasks and plans of master plans on construction zoning and detailed master plans within the administrative boundaries under their respective management, except the master plans of urban centers specified in Clauses 1 and 2 of this Article, after obtaining the written agreement of provincial-level urban planning-managing agencies.

4. People’s Committees of rural districts of provinces shall approve tasks and plans of detailed master plans of townships, except the master plans of urban centers specified in Clauses 1 and 2 of this Article, after obtaining the written agreement of provincial-level urban planning-managing agencies.

5. People’s Committees of cities, towns and townships shall report to the same-level People’s Councils on general master plans of urban centers before submitting them to competent state agencies for approval.

Agencies organizing formulation of master plans of urban centers shall coordinate with People’s Committees of cities, towns and townships in reporting to the same-level People’s Councils on general master plans of cities, towns and townships.

6. The Government shall prescribe in detail the order and procedures for approving urban planning tasks and plans.”.

8. To amend and supplement Clause 1, Article 47 as follows:

“1. The strategies on socio-economic development, national defense and security, national-level master plans, regional master plans, provincial master plans, or administrative boundaries are adjusted, greatly affecting the nature, function or size of an urban center or area subject to planning;”.

9. To amend and supplement Point a, Clause 2, Article 49 as follows:

“a/ Partial adjustment of urban master plans shall be made when the proposed adjustment does not change the nature, boundaries and general development orientations of urban centers; or the nature, functions, scope and major planning solutions of the areas subject to formulation of master plans on construction zoning or detailed master plans; and must not cause overload on technical and social infrastructure facilities of the areas subject to the adjustment;”.

10. To amend and supplement Article 51 as follows:

“Article 51. Order of partial adjustment of urban master plans

1. Agencies organizing formulation of urban master plans shall:

a/ Report on contents and plans on partial adjustment of urban master plans;

b/ Collect opinions of residential communities in the areas subject to the proposed adjustment and directly affected vicinities about the contents of, and plans for, the partial adjustment according to Section 2, Chapter II of this Law.

2. The competent urban planning-managing agencies defined in Article 41 of this Law shall appraise the bases, conditions and contents for the partial adjustment of master plans.

3. Agencies competent to approve urban master plans shall consider and decide on the partial adjustment of urban master plans based on the opinions of the urban planning-appraising agencies.

A decision on partial adjustment of urban master plans must state the adjusted contents and be enclosed with drawings.

4. Agencies organizing formulation of urban master plans shall update and demonstrate the adjusted contents in the urban planning dossiers. The contents on partial adjustment of urban master plans shall be publicized according to Article 53 of this Law.”.

11. To amend and supplement Clause 1, Article 52 as follows:

“1. When necessary to adjust the boundaries or some norms on planned urban land use for implementing investment projects to build centralized or individual works in an area for which a detailed master plan has been approved, competent agencies shall base themselves on urban planning regulations, technical and social infrastructure conditions of urban centers or areas and the regulations on management of urban planning and architecture to decide on the adjustment.

The Government shall detail this Clause.”.

12. To amend and supplement Clauses 1 and 2, Article 53 as follows:

“1. Within 15 days after an urban master plan is approved, the urban construction plan shall be publicized in the following forms:

a/ Being broadcast in the mass media; being regularly and constantly updated on the websites of the agency organizing formulation of the urban master plan and agency formulating the urban master plan;

b/ Holding workshops and seminars to announce the urban master plan, with the participation of the representatives of related organizations and agencies, the Vietnam Fatherland Front, representatives of the residential communities in the areas subject to planning, and information and press agencies;

c/ Regularly and constantly displaying drawings, mock-ups and databases on the urban master plan at offices of urban planning-related state management agencies at all levels, urban planning exhibition and information centers, and the areas subject to planning;

d/ Printing and  widely disseminating urban planning maps and approved regulations on urban planning management.

2. Contents to be publicized include the entire contents of urban construction plans and the promulgated regulations on management based on urban construction plans and designs, except the contents related to national defense, security and state secrets.”.

13. To amend and supplement Clauses 2 and 3, Article 55 as follows:

“2. Information on master plans of urban centers shall be provided in the following forms:

a/ Direct explanation of the master plans when so requested by agencies, organizations or individuals;

b/ Provision of information in paper or electronic form when so requested by agencies, organizations or individuals;

c/ Posting of information on the websites of state management agencies in charge of urban planning and broadcasting information in the mass media;

d/ Provision of publications on master plans.

3. People’s Committees at all levels shall organize the receipt, processing and provision of information when so requested. The provision of information shall be based on approved urban construction plans and designs and promulgated regulations on management according to the promulgated urban construction plans and designs.

In case of provision of information in written form, within 15 days after receiving a request, urban planning-managing agencies shall provide information.”.

14. To amend and supplement Clause 1, Article 67 as follows:

“1. The construction of underground works must comply with underground space master plans included in the approved urban master plans; regulations on construction of underground works promulgated by the Ministry of Construction, and construction permits.”.

15. To annul Clauses 16 and 17 of Article 3, Clauses 5 and 6 of Article 16,, and Articles 17, 56 and 71.

Article 30.To remove words and phrases in several laws

1. To remove the words “master plans ” in:

a/ Clause 1 of Article 69 and Point a, Clause 1, Article 70 of the Law on Product and Goods Quality;

b/ Point a, Clause 2 of Article 38 of the Petroleum Law;

c/ Clause 2, Article 235 of the Labor Code;

d/ Clause 1, Article 10 of the Law on Social Insurance;

dd/ Clause 2, Article 6 of the Law on Health Insurance;

e/ Clause 1, Article 58 of the Law on Prevention and Control of Infectious Diseases;

g/ Clause 1, Article 48 of the Law on Protection of Consumer Rights.

2. To remove the phrase “master plans and” in Clause 1, Article 40 of the Law on Judicial Assessment.

Article 31.Effect

This Law takes effect on January 1, 2019.

This Law was passed on November 20, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN

 



[1]Công Báo Nos 1139-1140 (24/12/2018)

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