Decree 22/2025/ND-CP amend Decree 37/2019/ND-CP detailing Planning Law, amended and supplemented under Decree 58/2023/ND-CP

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 37/2019/ND-CP dated May 7, 2019, detailing a number of articles of the Planning Law, which has a number of articles amended and supplemented under the Government's Decree No. 58/2023/ND-CP dated August 12, 2023

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Planning Law, Law on Investment, Law on Investment in the Form of Public-Private Partnership and Bidding Law dated November 29, 2024;

At the proposal of the Minister of Planning and Investment;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 37/2019/ND-CP dated May 7, 2019, detailing a number of articles of the Planning Law, which has a number of articles amended and supplemented under the Government's Decree No. 58/2023/ND-CP dated August 12, 2023.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 37/2019/ND-CP dated May 7, 2019, detailing a number of articles of the Planning Law, which has a number of articles amended and supplemented under the Government's Decree No. 58/2023/ND-CP dated August 12, 2023

1. To amend and supplement Article 1 of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 1 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 1. Scope of regulation

This Decree details some provisions of Articles 6, 9, 15, 16, 17, 19, 22, 23, 24, 25, 26, 27, 30, 37, 40, 41, 45, 49 and 54a of the Planning Law.”.

2. To amend and supplement Article 2 of Decree No. 37/2019/ND-CP as follows:

“Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the formulation, appraisal, decision on, or approval, publicization, implementation, evaluation, adjustment of, national, regional and provincial master plans and other related agencies, organizations and individuals.”.

3. To add Article 3a1 and Article 3a2 before Article 3a of Decree No. 37/2019/ND-CP, which was added under Clause 2 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 3a1. Relationship between technical and specialized master plans and national, regional and provincial master plans

1. Technical and specialized master plans that apply nationwide or across two or more regions must comply with the national overall master plan and the national sectoral master plan that they concretize. In cases where technical and specialized master plans with a nationwide scope or covering two or more regions conflict with each other, they must be adjusted and implemented in accordance with the national overall master plan and the national sectoral master plan that they concretize.

2. Technical and specialized master plans covering two or more provinces must comply with the national sectoral master plan that they concretize and the regional master plan. In cases where technical and specialized master plans covering two or more provinces conflict with each other, they must be adjusted and implemented in accordance with the regional master plan and the national sectoral master plan that they concretize.

3. Technical and specialized master plans within a province must comply with the national sectoral master plan that they concretize and the provincial master plan. In case where technical and specialized master plans applicable within a single province conflict with each other, they must be adjusted and implemented in accordance with the national sectoral master plan that they concretize and the provincial master plan.

4. During the formulation of technical and specialized master plans, as stipulated in Clauses 1, 2, and 3 of this Article, if any factors arise need to be implemented to align with practical conditions but are inconsistent with the national overall master plan, regional master plan, or provincial master plan that they concretize, the agency assigned to organize the technical and specialized master plan formulation shall report to the agency in charge of organizing the formulation of the national overall master plan, regional master plan, or provincial master plan for consideration and submission to the competent authority for master plan adjustments in accordance with Article 53 or Article 54a of the Planning Law.

The approval of technical and specialized master plans shall only be carried out after the national overall master plan, regional master plan, or provincial master plan that they concretize have been adjusted in compliance with the planning law.

Article 3a2. Development of capital plans and preparation of regular expenditure estimates for planning activities

1. Ministries, ministerial-level agencies, and provincial-level People's Committees shall develop capital plans for the formulation, publicization, and adjustment of national master plans, regional master plans, and provincial master plans in accordance with the law on public investment.

2. Preparation of regular expenditure estimates for planning activities:

a) The Ministry assigned to formulate the national land use master plan or to organize the formulation of the national defense land use master plan and the security land use master plan shall prepare expenditure estimates within its planned annual estimate for the formulation of these master plans, in accordance with the the law on the state budget;

b) Ministries, ministerial-level agencies, and provincial-level People's Committees shall prepare expenditure estimates within their planned annual estimates for the formulation of planning tasks, the adjustment of  planning tasks, the evaluation of master plans, and the adjustment of master plans following the simplified order and procedures applicable to national master plans, regional master plans, and provincial master plans, in accordance with the law on the state budget;

c) The standing body of the Appraisal Council for the task of formulating national, regional, and provincial master plans shall prepare expenditure estimates within the planned annual estimates of the respective ministry or ministerial-level agency for the appraisal of the task of formulating master plans, in accordance with the law on the state budget;

d) The standing body of the Appraisal Council for national, regional, and provincial master plans shall prepare expenditure estimates within the planned annual estimates of the respective ministry or ministerial-level agency for the appraisal of master plans and appraisal of master plan adjustments, in accordance with the law on the state budget.”.

4. To amend and supplement Article 3a of Decree No. 37/2019/ND-CP, which was added under Clause 2 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 3a. Other lawful funding resources for the formulation, publicization and adjustment of master plans

1. Other lawful funding resources for the formulation, publicization and adjustment of master plans include support from domestic and foreign organizations and individuals as specified in Clause 2 of this Article.

2. Support from domestic and foreign organizations and individuals include funding; research outcomes from agencies, organizations, and experts; award sponsorships for organizations or individuals whose master plan concepts are selected through competitive selection processes conducted by the master plan-formulating agency (if applicable); support for conferences, seminars, training, research, surveys; planning products; documents serving the master plan formulation. Such support shall be received, managed, and utilized as follows:

a) Financial support from domestic agencies, organizations, and individuals, as well as foreign individuals, shall be received, managed, and used in compliance with the law on the state budget;

b) Support from foreign agencies and organizations shall be received, managed, and used in accordance with the law on the management and use of official development assistance (ODA), concessional loans and non-refundable ODA that are not classified as official development assistance, provided by foreign agencies, organizations, and individuals to Vietnam;  

c) Support in the form of research outcomes from agencies, organizations, and experts; sponsorship of awards for organizations or individuals whose master plan concepts are selected through competitive selection processes conducted by the master plan-formulating agency (if applicable); support for organizing conferences, seminars, training sessions, research, surveys; and documents serving the master plan formulation shall be received, managed, and utilized in accordance with the planning law and relevant laws;

d) For resources supported by products such as master plan dossiers or master plan adjustment dossiers, the sponsor shall decide on the implementation costs, the form of selecting an organization providing consultancy on the formulation of master plans, and the form of selecting an organization providing consultancy on the formulation of master plan adjustments.

3. Principles for support and use of other funding resources for the formulation, publicization and adjustment of master plans

a) Voluntariness; ensuring that the sponsor’s interests do not compromise the common interests of the community and society; non-profit in nature;

b) Ensuring objectivity, transparency, and publicity; compliance with the objectives and purposes; ensuring efficiency and cost-effectiveness.

4. Competence to receive other lawful funding resources for the formulation, publicization and adjustment of master plans:

a) The ministry assigned to formulate the national overall master plan, the national marine space master plan, or the national land use master plan shall submit to the Government for decision on the receipt other lawful funding resources for the formulation, publicization and adjustment of national overall master plan, national marine space master plan or the national land use master plan;

b) The agency organizing the formulation of national sectoral master plans shall decide on the receipt of other lawful funding resources for the formulation, publicization and adjustment of national sectoral master plans;

c) The ministry assigned to formulate sectoral master plans shall submit to the Prime Minister for decision on the receipt of other lawful funding resources for the formulation, publicization and adjustment of sectoral master plans;

d) The provincial-level People’s Committee shall decide on the receipt of other lawful funding resources for the formulation, publicization and adjustment of provincial master plans.

5. Agencies assigned to manage and use other lawful funding resources for the formulation, publicization and adjustment of master plans shall be responsible for managing and utilizing these funds in accordance with the law relating to the receipt of supports and the planning law.

6. The formulation, appraisal, decision, or approval, adjustment, publicization, and disclosure of master plans in case of using other lawful funding sources shall comply with the planning law.”.

5. To amend and supplement a number of clauses of Article 6 of Decree No. 37/2019/ND-CP as follows:

a) To amend and supplement Clause 1 as follows:

“1. The evaluation of the implementation of master plans shall be carried out irregularly or every five years from the beginning of the planning period, in accordance with Clause 2 Article 49, and Article 50 of the Planning Law and this Decree.”;

b) To amend and supplement Clause 3 as follows:

“3. 5-year master plan implementation evaluation report constitutes a part of the report on planning activities as specified in Clause 2 Article 48 of the Planning Law.”.

6. To add Article 6a after Article 6 of Decree No. 37/2019/ND-CP as follows:

“Article 6a. Criteria for irregular evaluation of master plan implementation

1. General evaluation of the implementation of development orientations for sectors, fields and spatial organization of socio-economic development within national overall master plans, national marine space master plans, and national land use master plans; the development direction of sectors, fields, and spatial organization of socio-economic development within national sectoral master plans and regional master plans; and the plan for development of sectors, fields, and spatial organization of socio-economic development within provincial master plans.

2. Evaluation of project implementation based on the following aspects:

a) List of projects that have been implemented or are currently under implementation;

b) List of planned key projects and priority projects in the planning period that have not yet been implemented, along with the reasons.

3. Overall evaluation of the implementation results of socio-economic targets set in the master plan; challenges, obstacles, and causes affecting master plan implementation; proposing solutions to enhance implementation efficiency, and recommending adjustments to the master plan, if necessary.”.

7. To amend and supplement Article 7 of Decree No. 37/2019/ND-CP as follows:

“Article 7. Criteria for the 5-year evaluation of the implementation of master plans

1. Evaluation of the implementation of development orientations for sectors, fields and spatial organization of socio-economic development within national overall master plans, national marine space master plans, and national land use master plans; the development direction of sectors, fields, and spatial organization of socio-economic development within national sectoral master plans and regional master plans; and the plan for development of sectors, fields, and spatial organization of socio-economic development within provincial master plans.

2. Evaluation of project implementation based on the following aspects:

a) List of projects that have been implemented or are currently under implementation;

b) List of planned key projects and priority projects in the planning period that have not yet been implemented, along with the reasons.

3. Evaluation of the implementation of development orientations, directions, and plans for the urban and rural system development, as well as the development of functional zones (if applicable).

4. Evaluation of the implementation of land use targets and land use efficiency (if applicable).

5. Evaluation of natural resource utilization, results of environmental protection, nature and biodiversity conservation, natural disaster prevention and control, and climate change response (if any).

6. Evaluation of resource mobilization for master plan implementation.

7. Evaluation of the issuance and implementation of mechanisms and policies for master plan execution.

8. Overall evaluation of the implementation results of objectives and targets set in the master plan; challenges, obstacles, and causes affecting master plan implementation; proposing solutions to enhance implementation efficiency, and recommending adjustments to the master plan, if necessary.”.

8. To add Article 7a1 before Article 7a of Decree No. 37/2019/ND-CP, which was added under Clause 3 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 7a1. Procedures for formulation of the national overall master plans, national marine space master plans and national land use master plans

1. The national overall master plans, national marine space master plans and national land use master plans shall be formulated according to the procedures specified in Clause 1 Article 16 of the Planning Law.

2. Strategic environmental assessment (SEA) for the national overall master plan, national marine space master plan or national land use master plan shall be conducted in compliance with Clauses 1, 3, 4, 5 and 6 Article 26 of the Law on Environmental Protection. The planning agency shall be responsible for obtaining written opinions from the Ministry of Natural Resources and Environment at the same time as obtaining opinions on the master plan. The Ministry of Natural Resources and Environment shall provide a written response, which must include content related to both the master plan content and the strategic environmental assessment report content.

3. The agency formulating the national overall master plan, national marine space master plan or national land use master plan may select a strategic environmental assessment consulting organization if it lacks the necessary expertise to carry out the strategic environmental assessment itself.”.

9. To amend and supplement Clause 3 Article 7a of Decree No. 37/2019/ND-CP, which was added under Clause 3 Article 1 of Decree No. 58/2023/ND-CP as follows:

“3. The agency formulating the national sectoral master plan shall select a strategic environmental assessment consulting organization for the master plan subject to strategic environmental assessment, if it lacks the necessary expertise to carry out the strategic environmental assessment itself.”.

10. To amend and supplement Clause 4 Article 7b of Decree No. 37/2019/ND-CP, which was added under Clause 3 Article 1 of Decree No. 58/2023/ND-CP as follows:

“4. The agency formulating the regional master plan shall select a strategic environmental assessment consulting organization if it lacks the necessary expertise to carry out the strategic environmental assessment itself.”.

11. To amend and supplement Clause 3 Article 7c of Decree No. 37/2019/ND-CP, which was added under Clause 3 Article 1 of Decree No. 58/2023/ND-CP as follows:

“3. The agency formulating the provincial master plan shall select a strategic environmental assessment consulting organization if it lacks the necessary expertise to carry out the strategic environmental assessment itself.”.

12. To amend and supplement a number of points and clauses of Article 8 of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 4 Article 1 of Decree No. 58/2023/ND-CP as follows:

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

“b) Consider and decide on the resolution of differing opinions on the master plan between the master plan-formulating agency and relevant agencies or organizations during the formulation process of the national overall master plan, national marine space master plan, national land use master plan, or regional master plan;”;

b) To amend and supplement Point e Clause 2 as follows:

“e) Consider and decide on the resolution of different opinions on the master plan between the master plan-formulating agency and relevant agencies or organizations during the formulation process of the national sectoral master plan;”;

c) To add Point k after Point i Clause 2 as follows:

“k) Approve the plan for selection of contractors for preparing master plan formulation task; approve the plan for selecting contractors formulating master plans in accordance with the bidding law.”;

d) To amend and supplement Points c and d Clause 3 as follows:

“c) Assign agencies, organizations and district-level People’s Committees to propose contents to be included in the provincial master plans;

d) Consider resolve different opinions on the master plan between the master plan-formulating agency and relevant agencies or organizations, and district-level People's Committees during the formulation process of the provincial master plan;”;

dd) To add Point g after Point e Clause 3 as follows:

“g) Approve the plan for selection of contractors for preparing master plan formulation task; approve the plan for selecting contractors formulating master plans in accordance with the bidding law.”.

13. To amend and supplement title of Article 9, and amend, supplement a number of points and clauses of Article 9 of Decree No. 37/2019/ND-CP, which was supplemented under Clause 5 Article 1 of Decree No. 58/2023/ND-CP as follows:

a) To amend and supplement the title of Article 9 as follows:

“Article 9. Responsibilities of agencies formulating the national overall master plans, national marine space master plans, national land use master plans and regional master plans”;

b) To amend and supplement Point a Article 1 as follows:

“a) Identifying requirements on contents and methods for formulation of master plans, including requirements for master plan contents, requirements on scientificity, practicality, reliability of planning approaches and methods, as well as requirements on plan and progress of master plan formulation; developing an explanatory report on the master plan formulation task;”;

c) To amend and supplement Clause 5 as follows:

“5. To assume the prime responsibility for, and coordinate with related ministerial-level agencies and localities in, studying, analyzing, evaluating and forecasting elements, conditions, resources, and development context, evaluating the country’s current development situation, proposing viewpoints, objectives, and contents of the master plan; and submit them to related ministries, ministerial-level agencies and localities for opinions.”;

d) To amend and supplement Clause 6 as follows:

“6. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and localities formulating master plan components in, finalizing the master plan. If opinions remain divergent on the master plan, the agency formulating the master plan shall sum up opinions, propose a plan and report such to the agency organizing the formulation of the master plan for consideration and decision; and finalizing the master plan according to the conclusion of the agency organizing the formulation of the master plan.”;

dd) To amend and supplement Clause 8 as follows:

“8. To submit the master plan for appraisal; to report the national overall master plan, national marine space master plan and national land use plan to the Government for consideration and submission to the National Assembly for decision; to submit regional master plans to the Prime Minister for approval.”;

e) To add Clause 10 as follows:

“10. To approve the plan for selection of contractors for preparing master plan formulation task; approve the plan for selecting contractors formulating master plans in accordance with the bidding law.”.

14. To amend and supplement Article 10 of Decree No. 37/2019/ND-CP, which was supplemented under Clause 6 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 10. Responsibilities of agencies formulating the national regional master plan

1. To study and propose to determine the master plan formulation task, and report the agency organizing the formulation of the master plan, which cover the following activities:

a) Identifying requirements on contents and methods for formulation of master plans, including requirements for master plan contents, requirements on scientificity, practicality, reliability of planning approaches and methods, as well as requirements on plan and progress of master plan formulation;

b) Making reports explaining the master plan formulation task.

2. Agencies formulating master plans may hire consultants who satisfy the conditions on professional capacity prescribed in Article 4 of this Decree to study and propose to determine the master plan formulation task.

3. To submit the master plan formulation task for approval after reporting the agency organizing the master plan formulation; to report the agency organizing the master plan formulation for consideration and submission for the master plan formulation task approval.

4. To assume the prime responsibility for, and coordinate with related agencies and organizations in, implementing the plan on formulation of the master plan according to the approved master plan formulation task.

5. To select organizations providing consultancy on the formulation of master plans that satisfy the conditions on professional capacity prescribed in Article 4 of this Decree; to report the agency organizing the master plan formulation to submit to the Prime Minister for consideration and decision on the selection of organizations providing consultancy on the formulation of national sectoral master plans in case there is no organization satisfying the conditions on professional capacity specified in Article 4 of this Decree.

6. To assume the prime responsibility for, and coordinate with related agencies in, surveying, collecting information, and exploiting the information system and national database on master plans in service of the master plan formulation.

7. To assume the prime responsibility for, and coordinate with concerned agencies and organizations in, formulating the master plan. If opinions remain divergent on the master plan, the agency formulating the master plan shall sum up opinions, propose a plan and report such to the agency organizing the formulation of the master plan for consideration and decision; and finalizing the master plan according to the conclusion of the agency organizing the formulation of the master plan.

8. To collect opinions of related agencies, organizations and individuals on the master plan.

9. To submit the master plan for approval after reporting the agency organizing the master plan formulation; to report the agency organizing the master plan formulation for consideration and submission for the master plan approval.

10. To take responsibility for the accuracy of data, documents, schematic systems, maps, and databases in the master plan dossier, ensuring compliance with the law on state secrets and other relevant laws.”.

15. To amend and supplement title of Article 11, and amend, supplement a number of points and clauses of Article 11 of Decree No. 37/2019/ND-CP, which was supplemented under Clause 7 Article 1 of Decree No. 58/2023/ND-CP as follows:

a) To amend the title of Article 11 as follows:

“Article 11. Responsibilities of agencies formulating the provincial master plan”;

b) To amend title of Clause 1 as follows:

“1. To assume the prime responsibility for, and coordinate with related agencies and organizations, and district-level People's Committees in, determining the master plan formulation task, which covers the following activities:”;

c) To amend and supplement Point a Clause 1 as follows:

“a) Identifying requirements on contents and methods for formulation of master plans, including requirements for master plan contents, requirements on scientificity, practicality, reliability of planning approaches and methods, as well as requirements on plan and progress of master plan formulation; proposing the assignment of relevant agencies, organizations, and district-level People's Committees to suggest content for inclusion in the provincial master plan; developing an explanatory report on the master plan formulation task;”;

d) To amend and supplement Clause 3 as follows:

“3. To select organizations providing consultancy on the formulation of master plans that satisfy the conditions on professional capacity prescribed in Article 4 of this Decree.”;

dd) To amend and supplement Clause 5 as follows:

“5. To assume the prime responsibility for, and coordinate with related agencies and organizations and district-level People’s Committees in, studying, analyzing, evaluating and forecasting factors, conditions, resources and context for development and evaluating actual socio-economic development of localities, and proposing guidelines, development objectives and priority orientations to serve as a basis for the formulation of master plans; to set orientations for master plans’ contents for related agencies and organizations, and district-level People's Committees to study and propose content to be included in the provincial master plan.”;

e) To amend and supplement Clause 6 as follows:

“6. To assume the prime responsibility for, and coordinate with related agencies and organizations, and district-level People's Committees in, reviewing and settling provincial and inter-district issues; to request concerned agencies, organizations and district-level People's Committees to modify and complete proposed contents to ensure the consistency, synchronization, and effectiveness of the master plan. To summarize different opinions, propose a plan and report such to the agency organizing the formulation of the master plan for consideration and decision; to finalize the master plan according to the conclusion of the agency organizing the formulation of the master plan.”.

16. To amend and supplement Article 13 of Decree No. 37/2019/ND-CP as follows:

“Article 13. Responsibilities of concerned agencies, organizations and district-level People’s Committees assigned to propose contents to be included in the provincial master plans

1. To coordinate with agencies formulating master plans and organizations providing consultancy on the formulation of master plans in analyzing, evaluating and forecasting factors, conditions, resources and context for development and evaluating actual sectoral and field development, as well as the socio-economic development, proposing guidelines, development objectives and priority orientations to serve as a basis for the formulation of master plans.

2. To propose contents in the fields under their assigned management to be included into provincial master plans and send them to agencies formulating master plans.

3. To coordinate with agencies formulating master plans in reviewing and handling provincial and inter-district issues so as to ensure the consistency, synchronicity and efficiency of master plans.

4. To revise and finalize the proposed contents at the request of agencies formulating master plans.

5. To take responsibility before agencies organizing the formulation of master plans, and agencies formulating master plans for the proposed content quality and timeline for submitting the proposed content for inclusion in the provincial master plans.”.

17. To amend and supplement Clause 2 Article 15 of Decree No. 37/2019/ND-CP as follows:

“2. Reports on evaluation of the implementation of the previous period’s master plans.”.

18. To amend and supplement Clause 1 Article 17 of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 9 Article 1 of Decree No. 58/2023/ND-CP as follows:

“1. The time limit for formulation of the national overall master plan, national marine space master plan, national land use master plan and regional master plans is 36 months after the master plan formulation task is approved.”.

19. To amend and supplement Point a Clause 1 Article 18 of Decree No. 37/2019/ND-CP as follows:

“a) The Ministry of Planning and Investment shall submit to the Government the formation of a council for appraisal of the task of formulating the national overall master plan and designate a standing body of this council; submit to the Prime Minister the formation of a council for appraisal of the task of formulating regional master plans, and designate a standing body of this council; form a council for appraisal of the task of formulating provincial master plans and designate a standing body of this council;”.

20. To amend and supplement Point h Clause 2 Article 19 of Decree No. 37/2019/ND-CP as follows:

“h) Assignment of the task to the agency formulating the master plan, for the national overall master plans, national marine space master plans, national land use master plans or regional master plans; or to agency organizing the formulation of the master plan, for national sectoral master plans or provincial master plans.”.

21. To add Article 19a after Article 19 of Decree No. 37/2019/ND-CP as follows:

“Article 19a. Adjustment of the master plan formulation task

1. The master plan formulation task shall be adjusted if the master plan is adjusted under Article 53 of the Planning Law.

2. Order and procedures for adjustment of the master plan formulation task shall be the same as those applicable to the formulation, appraisal and approval of the master plan formulation task specified in Section 2 Chapter II of this Decree.”.

22. To amend and supplement Clause 2 Article 38b of Decree No. 37/2019/ND-CP, which was added under Clause 20 Article 1 of Decree No. 58/2023/ND-CP as follows:

“2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall update the database on master plan dossiers into the information system and national database on master plans under Article 41 of this Decree.”.

23. To amend and supplement a number of points and clauses of Article 38c of Decree No. 37/2019/ND-CP, which was added under Clause 20 Article 1 of Decree No. 58/2023/ND-CP as follows:

a) To amend and supplement Point c Clause 3 as follows:

“c) Ministries and ministerial-level agencies assigned to organize the formulation of national sectoral master plans shall receive and explain their comments, complete and issue plans for implementation of national sectoral master plans.”;

b) To amend and supplement Point d Clause 4 as follows:

“d) Agencies formulating master plans shall receive and explain their comments and complete the draft plans for implementation of provincial master plans, and submit them to the provincial-level People’s Committees for review and promulgation.”;

c) To add Clauses 6 and 7 after Clause 5 as follows:

“6. A dossier for consultation must contain the draft plan for implementation of the master plan and the draft resolution or decision on issuance of the plan for implementation of the master plan.

7. A dossier for issuance must contain the proposal for the issuance of the plan for implementation of the master plan, the draft resolution or decision on the issuance of the plan for implementation of the master plan, and the report on the receipt and explanation of feedback received.”.

24. To add Article 38d and Article 38dd after Article 38c of Decree No. 37/2019/ND-CP, which was added under Clause 20 Article 1 of Decree No. 58/2023/ND-CP as follows:

“Article 38d. Order and procedures for adjustment of the plan for implementation of the master plan

1. A plan for implementation of the master plan shall be adjusted in any of the following cases:

a) After the master plan is decided or approved for adjustment by a competent authority;

b) Adjustment to ensure alignment with the practical implementation of the master plan.

2. Order, procedures and dossiers for adjustment of the plan for implementation of the master plan shall be the same as the order, procedures and dossiers for formulating the plan for implementation of the master plan.

Article 38dd. Adjustment of master plans according to the shortened order and procedures

1. The adjustment of the master plan according to the shortened order and procedures must not change its viewpoints and general objectives; while ensuring the connection, synchronization, inheritance and stability between the master plans.

2. The adjustment of the master plan according to the shortened order and procedures specified at Points a and d Article 54a of the Planning Law shall be carried out in any of the following cases:

a) The implementation of resolutions of the National Assembly on assurance of national defense, security or arrangement of provincial administrative units changes one or several content(s) of the master plan;

b) The implementation of resolutions of the National Assembly to deploy a national key project changes one or several content(s) of the master plan;

c) The implementation of resolutions of the National Assembly on arrangement of district- and commune-level administrative units changes one or several content(s) of the master plan;

d) The implementation of emergency projects as prescribed by law changes one or several content(s) of the national, regional or provincial master plan;

dd) The implementation of emergency tasks specified in the Government’s resolutions or the Prime Minister's decisions changes one or several content(s) of the master plan.

3. In case where the master plan is adjusted according to the shortened order and procedures specified at Points b and c Clause 2 Article 54 of the Planning Law, the agency formulating the master plan (for national marine space master plans, national land use master plans, and regional master plans) or the agency organizing the formulation of the master plan (for national sectoral master plans and provincial master plans) shall report to the competent authority to seek approval for the master plan adjustment policy. A written request for the master plan adjustment policy must clearly identify the content of the master plan that conflicts with a higher-level master plan or a master plan of the same level, as well as specify the scope and content of the necessary adjustments.

In cases where the written request identifies conflicts among national sectoral master plans, the Prime Minister shall, based on the national socio-economic development strategy, Party documents, and the national overall master plan, review and decide on the national sectoral master plan to be adjusted.

4. The adjustment of the national overall master plan, national marine space master plan, or national land use master plan according to the shortened order and procedures shall be as follows:

a) The agency formulating the national overall master plan, the national marine space master plan, or the national land use master plan shall prepare the master plan adjustment dossier and seek opinions from relevant agencies as stipulated at Point a Clause 8 of this Article. In cases where the master plan adjustment is based on the grounds specified at Points b and c Clause 2 Article 54a of the Planning Law, the agency formulating the national marine space master plan or the national land use master plan shall report to the Government to review and approve the adjustment policy before the adjustment dossier is prepared.

b) Relevant agencies shall provide a written response within 15 working days from the date of receiving the dossier of consultation request;

c) The agency formulating the national overall master plan, national marine space master plan, or the national land use master plan shall incorporate and explain the feedback from relevant agencies, finalize the master plan adjustment dossier, and submit it to the Government for review and presentation to the National Assembly for decision on the master plan adjustment.

5. Simplified order and procedures for adjusting national sectoral master plans:

a) The agency formulating the national sectoral master plan shall prepare the master plan adjustment dossier and seek opinions from relevant agencies as stipulated at Point b Clause 8 of this Article. In cases where the master plan adjustment is based on the grounds specified at Points b and c Clause 2, Article 54a of the Planning Law, the agency organizing the formulation of the national sectoral master plan shall report to the Prime Minister for approval of the adjustment policy before assigning the agency formulating the national sectoral master plan to prepare the adjustment dossier;

b) Relevant agencies shall provide a written response within 15 working days from the date of receiving the dossier of consultation request;

c) The agency formulating the national sectoral master plan shall incorporate and explain feedback from relevant agencies, finalize the national sectoral master plan adjustment dossier, submit it to the Minister assigned to organize the formulation of the national sectoral master plan for approval of the national sectoral master plan adjustments, and subsequently report the implementation results to the Prime Minister.

6. Simplified order and procedures for adjusting regional master plans:

a) The Ministry assigned to formulate the regional master plan shall prepare the regional master plan adjustment dossier and seek opinions from relevant agencies as stipulated at Point c Clause 8 of this Article. In cases where the master plan adjustment is based on the grounds specified at Points b and c Clause 2, Article 54a of the Planning Law, the Ministry assigned to formulate the regional master plan shall report to the Prime Minister for approval of the adjustment policy before preparing the master plan adjustment dossier;

b) Relevant agencies shall provide a written response within 15 working days from the date of receiving the dossier of consultation request;

c) The Ministry assigned to formulate the regional master plan shall incorporate and explain feedback from relevant agencies, finalize the regional master plan adjustment dossier, submit it to the Minister for approval of the regional master plan adjustments, and subsequently report the implementation results to the Prime Minister.

7. Simplified order and procedures for adjusting provincial master plans:

a) The agency formulating the provincial master plan shall prepare the provincial master plan adjustment dossier and seek opinions from relevant agencies as stipulated at Point d Clause 8 of this Article. In cases where the master plan adjustment is based on the grounds specified at Points b and c Clause 2, Article 54a of the Planning Law, the agency organizing the formulation of the provincial master plan shall report to the Prime Minister for approval of the adjustment policy before assigning the agency formulating the provincial sectoral master plan to prepare the adjustment dossier;

b) Relevant agencies shall provide a written response within 15 working days from the date of receiving the dossier of consultation request;

c) The agency formulating the provincial master plan shall incorporate and explain feedback from relevant agencies, finalize the provincial master plan adjustment dossier, submit it to the provincial-level People’s Committee for approval of the provincial master plan adjustments, and subsequently report the implementation results to the Prime Minister.

8. Entities subject to consultation when adjusting provincial master plans according to simplified order and procedures:

a) For national overall master plans, national marine space master plans, and national land use master plans, entities subject to consultation include ministries, ministerial-level agencies, and provincial-level People's Committees related to the content of the adjustments;

b) For national sectoral master plans, entities subject to consultation include relevant ministries, ministerial-level agencies, and provincial-level People's Committees related to the content of the adjustments;

c) For regional master plans, entities subject to consultation include relevant ministries, ministerial-level agencies, and provincial-level People's Committees in the region related to the content of the adjustments;

d) For adjustment of provincial master plans, entities subject to consultation include relevant ministries, ministerial-level agencies, and adjacent provincial-level People's Committees related to the content of the adjustments.

9. A dossier submitted for consultation must comprise a written approval of the adjustment policy by the competent authority (if any); explanatory report on the master plan adjustments; draft decision or approval document on the master plan adjustments; system of diagrams, maps, and databases related to the adjusted content of the master plan.

The consultation dossier must be published on the website of the master plan-formulating agency for at least 15 working days from the date of dossier submission for consultation, except for contents relating to state secrets as prescribed by law.

10. A dossier submitted for decision or approval must comprise a written proposal, written approval of the adjustment policy by the competent authority (if any); explanatory report on the master plan adjustments; draft decision or approval document on the master plan adjustments; report on incorporation and explanation of feedback received from relevant agencies; system of diagrams, maps, and databases related to the adjusted content of the master plan.”.

25. To add Appendix VI after Appendix V of Decree No. 37/2019/ND-CP, which was supplemented under Clause 26 Article 1 of Decree No. 58/2023/ND-CP.

Article 2. Annulling a number of articles of Decree No. 37/2019/ND-CP, which was amended and supplemented under Decree No. 58/2023/ND-CP

1. To annul Clauses 1, 2 and 3 Article 3 of Decree No. 37/2019/ND-CP.

2. To annul Clause 2 Article 7b of Decree No. 37/2019/ND-CP, which was added under Clause 3 Article 1 of Decree No. 58/2023/ND-CP.

3. To annul Point dd Clause 2 Article 8 of Decree No. 37/2019/ND-CP, which was supplemented under Clause 4 Article 1 of Decree No. 58/2023/ND-CP.

4. To annul Article 12 of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 8 Article 1 of Decree No. 58/2023/ND-CP.

5. To annul Point dd Clause 1 Article 16 of Decree No. 37/2019/ND-CP.

6. To annul Point c Clause 5 Article 18 of Decree No. 37/2019/ND-CP.

7. To annul Points e and g Clause 2 Article 19 of Decree No. 37/2019/ND-CP.

8. To annul Clause 8 Article 28 of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 10 Article 1 of Decree No. 58/2023/ND-CP.

9. To annul Clause 10 Section B Part IX of Appendix I of Decree No. 37/2019/ND-CP, which was amended and supplemented under Clause 25 Article 1 of Decree No. 58/2023/ND-CP.

Article 3. Transitional provisions

The use of other lawful funding sources for planning activities that have been received before the effective date of this Decree shall continue to be implemented under the Government’s Decree No. 58/2023/ND-CP dated August 12, 2023.

Article 4. Effect

1. This Decree takes effect from the date of its signing.

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

* All Appendices are not translated herein.